08-17-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
AUGUST 17, 1993
The City Council of the City of Orange, California convened on August 17, 1993 at 3:00 P.M. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT -
None 1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/
ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None
2. CONSENT CALENDAR - Tape 35
2.1 Declaration of City Clerk
Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of August 17, 1993,
at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the
Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and
freely accessible to members of the public at least 72 hours before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting
and authorized its retention as a public record in the Office of
the City Clerk.2.2 Request City Council authorization
for advertising to invite bids for Street Maintenance 1993-94--Various Streets. (S4000.0)
FISCAL IMP ACT: Project
is budgeted through Measure M funds.ACTION: Approved.2.3
Request City
Council authorize the purchase of an Automated Fuel System from Rapac Network International, Inc., Englewood
New Jersey, in the amount of $187.351.00.A2100.0AGR-2123)
FISCAL IMPACT: Funds
are budgeted in Fund 720-1331-481301-9858 (Maintenance
Management).
ACTION: Approved.
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CITY COUNCIL MINUTES AUGUST 17, 1993
2. CONSENT CALENDAR (Continued)
2.4 Request City Council approve a Cooperative Agreement between the City of Orange and
the City of Anaheim to widen the State College Boulevard and Orangewood Avenue
intersection. (A2100.0 AGR-
2124)FISCAL IMPACT: $192,500 in budgeted in the Traffic Improvement Fund for
this
project.ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of
the
city.2.5 Acknowledge receipt ofletter from Holy Family Cathedral announcing their annual
Fiesta-Old California Days" will be held on September 24,25, and 26, 1993. (C3500.0)
FISCAL IMP ACT: None. The Fiesta Committee is obtaining their own security guards,
and no fees are waived.
ACTION: Received and filed.
2.6 CLAIMS FOR DAMAGE FROM: (3200.0)
I. CALCOMP Insurance Company
2. Atlas Assurance
3. La Veta Monterey Condominium Assoc. and Robert Segesta
ACTION: Denied claims and referred to City Attorney and Adjuster.
2.7 Request that the City Council accept the refund from the State of California for P.O.S.T.
approved training and instruct the Director of Finance to deposit the amount of
19,961.34 into the account for P.O.S.T. training, 1993-94. (C2500.
K)FISCAL IMPACT: None. These are reimbursed funds from expenses incurred in
the 1992/93 fiscal
period.ACTION:
Approved.2.8 Request that the City Council approve the agreement between the City of Orange
and Orange County Youth and Family Services graffiti abatement and juvenile
diversion.A2100.0
AGR-2125)FISCAL IMPACT: $78,000.00 from the General Fund has been
previously appropriated by Council action in the fiscal year 1993 -94 budget of the
Police Department.ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf
of
the City.
CITY COUNCIL MINUTES AUGUST 17, 1993
2. CONSENT CALENDAR (Continued)
2.9 Request authorization to approve a Housing Accessibility Program Grant and authorize
the Finance Department to prepare a warrant. (C2500.G.l.3.4)
FISCAL IMPACT: Funds are available in Account No. 316-6053-
427800-1222 (Housing Accessibility Program Grant) Case No. 561-$
1,464.
00.ACTION: Approved.REMOVED
AND HEARD SEPARATELY.)2.10 Recommendation to formally adopt Economic Development
Strategy, establish an Economic Development Partnership, and approve
1993-94 Implementation Plan.Reference: Williams-
Kuebelbeck & Associates Report) (R3500.0)FISCAL IMPACT: Formal adoption of the strategy,
the establishment of the Orange Economic Development Partnership and approval of
the implementation plan will not impact city revenues in any way. A separate agency
agenda item allows for an appropriation of funds to
implement the Economic Development Program.Brent Hunter, Executive Director, Orange Chamber
of Commerce, 80 Plaza Square,agreed to a continuance of this item to the
September 14, 1993 Council meeting.Ellen Bonneville, Acting Executive Director,
Orange Redevelopment Agency, indicated a continuance
would not be
a hardship.MOTION -
Beyer SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer,
Coontz, Murphy ACTION: Moved to continue this item to September 14, 1993,3:00 p.
m. session.REMOVED AND
HEARD SEPARATELY.)2.11 Request from the Acting Finance Director for authorization to cease collection
efforts for Uncollectible Receivables and approve write-off of
certain AccountsReceivables.
C2500.J.l)
FISCAL IMPACT: None.Council discussion ensued regarding the excessive amount of
uncollected receivables in the Paramedic Program and other fees associated with this item,
and suggested the Finance Department Staff find alternate ways to
lower the writeoffs.
MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
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CITY COUNCIL MINUTES AUGUST 17, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Approved with the proviso that the Finance Department Staff report back
before the end of this year on ways to lower the percentage of writeoffs.
MOTION
SECOND
AYES
Coontz Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Items 2.
10 and 2.11 were removed and heard separately. All other items on the Consent Calendar were approved
as recommended.END OF
CONSENT CALENDAR 3. REPORTS
FROM MAYOR BEYER URGENT ITEM
MOTION - Beyer
SECOND - Murphy AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy Moved that the need to
take action on the following item arose after the posting of the agenda.MOTION - Beyer SECOND - Murphy AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy
Moved to appoint a City Council Personnel Committee
to help select a new City Manager, with Mayor Beyer and Councilman Spurgeon representing the Council. (
OR1800.0.9I)URGENT ITEM MOTION - Beyer SECOND - Spurgeon AYES - Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy
Moved that the
need to take action on the following item
arose after the posting of the agenda.MOTION - Beyer SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
Moved to establish
an Affordable Housing
Plan Task Force, and to appoint Councilman Mark
Murphy and Planning Commissioner Randy Bosch to serve on said task force. (ORI800.0.
25.1)PAGE 4
CITY COUNCIL MINUTES AUGUST 17, 1993
4. REPORTS FROM COUNCILMEMBERS - None 5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE
REPORTS - None 7. REPORTS FROM
CITY MANAGER - None 8. LEGAL AFFAIRS Tape
744 8.1 ORDINANCE NO.
11-93 An Ordinance of
the City Council of the City of Orange amending the Orange Municipal Code to add Chapter 17-
37 permitting a density bonus and other incentives for affordable housing pursuant to
state law. (A2500.0 Density)MOTION SECOND
AYES
Coontz
Spurgeon
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved that Ordinance No. 11-
93 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.9. RECESSED TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS
Carole
Walters, 534 N.
Shaffer Street, requested a copy machine be made available for the public to make their own
copies, rather than paying the fees the City charges, which she feels are excessive. The City Clerk
and City Manager to report to Council on September 14, 1993 on possible alternatives.11. RECESS
The City
Council recessed
at 3 :35 p.m. to a Closed Session for the following purposes:a. To confer with
its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to
wit:City of Orange vs.
Refco Capital Corporation, U.S. District Court Case No. 92 2152 SFW National Advertising
vs. City
of Orange, CV85-4968-TJH b. To
confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section
54956.9(c)c. To
meet and give directions to its authorized representative regarding labor relation matters pursuant to
Government Code Section 54957.6.d. To
confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.
9 (b)(I).PAGE 5
CITY COUNCIL MINUTES AUGUST 17, 1993
11. RECESS (Continued)
e. To consider and take possible action upon personnel matters pursuant to Government Code
Section 54957.
f. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess, unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. INVOCATION - The audience was asked to pause for a moment of silent reflection.12.
1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.
2 ANNOUNCEMENTS - None.12.3
INTRODUCTIONS - None.12.4 PROCLAMATIONS -
None.12.5 PRESENTATIONS - None.
13. PUBLIC HEARINGS - Tape 940
13.1 UNDERGROUND UTILITY DISTRICT NO.
14, CITY OF ORANGE:Time set for a public hearing
on petition by the City of Orange to consider a the designation and adoption of Underground Utility District No.
14 requiring the removal of poles, overhead wires and associated overhead structures. (C2500.M.
13 UUD-14)The area being considered is
generally located on Tustin Street from Southern Pacific Railroad right-of-way to Katella
Avenue, and Katella Avenue from Tustin Street to Cambridge Street.MAYOR BEYER OPENED
THE PUBLIC HEARING.Ashok Basasgekar, Senior
Civil Engineer, presented the Engineer's Report.Pat Buttress, representing
Southern California Edison Company, 531 E. Chapman Avenue,indicated she had
spoken with several property owners in the area that were in favor of this project.THERE BEING
NO
FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.RESOLUTION NO. 8224
A Resolution of
the City Council of the City of Orange establishing Underground Utility District No. 14.MOTION
SECOND AYES
Coontz
Murphy
Spurgeon,
Barrera, Mayor
Beyer, Coontz,
Murphy PAGE 6
CITY COUNCIL MINUTES AUGUST 17, 1993
13. PUBLIC HEARINGS (Continued)
That Resolution No. 8224 as introduced be adopted and same was passed and adopted by the
preceding vote. Motion to include approval of Option 4 in Engineer's Report: Construct and
maintain City-owned metered street lighting per City standards (27 street lights). This will
require budgeting $150,000.00 in Fiscal Year 1995-96 for construction. Annual energy costs
will be approximately $2,
700.00.13.2 CONDITIONAL USE PERMIT 2026-
93--TEXACO REFINING & MARKETING,
INC. - Tape 1253 Time set for a public hearing on petition by Texaco Refining & Marketing, Inc.
to consider the sale of packaged beer and wine from existing retail space at an automotive service
station at 1815 N. Tustin Street, a parcel situated at the northeast corner of TustinStreet
and Taft/Briardale Avenues. The property's zoning classification is C- TR (Limited Business
District, Tustin Street Redevelopment Project
Area). (C3300.0)NOTE: This project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) per CEQA
Guidelines, Section 15301.Mayor Beyer read a letter from Tait & Associates, Inc. representing the
applicant, requesting a continuance to
September
14,
1993.
MOTION SECOND
AYES Barrera
Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Spurgeon
Moved to continue the public hearing to September 14, 1993, 7:00 p.m. Session.
13.3 MODIFICATIONS TO CONDITIONAL USE PERMIT 1932-91
AND TENTATIVE TRACT MAP 14593, PACIFIC RIDGE PARTNERS: Tape
1285 Time set for a public hearing on petition by Pacific Ridge Partners to consider a request to
modifY the site plan approved in conjunction with Conditional Use Permit 1932-91 and to
revise the conditions of approval for both Tentative Tract Map 14593 and Conditional Use
Permit 1932-91.The current proposal is to redesign the westerly 21. 6 acres of a 36 acre site as
a Planned Unit Development, to provide single family detached housing on individual lots a
minimum of3,600 sq. ft. in size, and a common recreation facility. This proposal retains
the condominium and apartment development originally approved on the easterly portion of the
site plan. Subject property is a portion of the Southridge Planned Community, located east of
Meats Avenue,
CITY COUNCIL MINUTES AUGUST 17, 1993
13. PUBLIC HEARINGS (Continued)
ofCerro Villa Drive, south of the City of Anaheim, and west of the proposed connection ofLoma
Streetllmperial Highway. The area of development subject to this request is on the south side of
the planned extension of Via Escola, easterly of its current terminus. (C3300.0 CUP-
I932-9I)NOTE: The environmental impacts of this project have been evaluated under
previously certified Environmental Impact Report
No. 854.MAYOR BEYER OPENED THE
PUBLIC HEARING.The Director of Community Development reported the Planning
Commission recommended approval of the requests, and acknowledged this is not a traditional low densitysinglefamilydevelopment, but rather an alternative to low medium density and is a plannedunitdevelopmentwithadditional
amenities provided.The following people spoke
in favor:Scott Stowell, 1565 West MacArthur Blvd, Costa Mesa, representing Pacific
Ridge Partners,commented on
the project.Bob Bennyhoff, 10642 Morada Drive, commented that if the City does not do
something about affordable housing, the State or the Federal Government will. Concern was expressed thatitmaybeoneyearbeforetheLomaRoad
is finished.MAYOR BEYER CLOSED THE
PUBLIC HEARING.Council discussion ensued that without the development standards the small lots would not
be as acceptable. It was suggested that landscaping be used in the area to soften the effect
of the development located on
the
ridges.
MOTION
SECOND AYES
Spurgeon Barrera
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved
that EIR No. 854 has been completed in compliance with CEQA as approved, and no further
environmental review is required.MOTION
SECOND
AYES
Spurgeon
Murphy Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved to approve modification
to Conditional Use Permit No. 1932-91 as outlined in Planning Commission Resolution No. PC-32-93.PAGE
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CITY COUNCIL MINUTES AUGUST 17, 1993
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Spurgeon Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to approve
modification to Tentative Tract Map 14593 as outlined in Planning Commission Resolution No.
PC-33-93.14.
PLANNING AND ENVIRONMENT - None 15. ORAL
PRESENTATIONS - Tape 2065 Ray Cross, 1804
E. Mayfair, complained to the Council about leaf blowers. He was referred to the Director of
Community Development for updates on the leaf blower ordinance. He also suggested the EI
Toro base as a possible site for a prison.16. ADJOURNMENT The
City Council
adjourned at 7:54 p.m to a Study Session on Tuesday, August 24, 1993 at 5:30 p.m. in
the Weimer Room regarding Parks and Recreation fees studied by Ron Rothschild and the status of
money saving measures assigned to Staff earlier.Marilvn 1. Jensen
MARlL YN 1.
JENSEN, C.M.C.CITY CLERK By: ~
AfArAl~ ~c:.~
tAr CASSANDRA CATHCART, .M.
C.DEPUTY CITY CLERK
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