12-14-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
DECEMBER 14,1993
The City Council of the City of Orange, California convened on December 14, 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 Regular Meeting -
November 16, 1993 MOTION - Spurgeon SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy ACTION: Approved.Regular Meeting - November 23,
1993 MOTION -
Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera,
Mayor Beyer, Coontz,
Murphy ACTION: Approved.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS A. Mayor Beyer
read a
letter from Dorothy Gibson, who
was unable to be present,transmitting three original copies of the National Register of Historic
Places application made on October 7, 1993, supporting documents, and photographs regarding
the placement of the Olive Civic Center Building on the National
Register of Historic Places.HlSOO.O)MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Barrera, Mayor
Beyer, Coontz,
Murphy Moved to
accept the application.
PAGE 1
CITY COUNCIL MINUTES DECEMBER 14, 1993
1.4 PRESENTATIONS/ANNOUNCEMENTSIINTRODUCTIONS (Continued)
B. Presentation by Don Lippert representing the Automobile Club of Southern California
recognizing the following officers of the Orange Police Department for safe driving:
C2500.K)
10 Year Award -Sergeant Milt Galbraith, Retired and Kelvin Van Gorder
5 Year Award - Sergeant Stan Gable, Jr., Ed Polliard and Stan Gable III,Richard
West, Thomas Bevins, Michael Streed, David Natividad and a civilian public service
officer, Marty Joe Hein C.
Resolution No. 8265 was presented to Retired Police Officer, Milt Galbraith,commending
him for more than 26 years of service to the City.1.
5 PROCLAMATIONS - None 2.CONSENT
CALENDAR TAPE 360 2.1
Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting
of December 14, 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
Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.
ACTION: Approved.
2.3
Request for the installation of additional red curb in front of 512 E. Katella Avenue.S4000.S.
3.1.1)FISCALIMPACT:
Sufficient funds are provided in Fund #250 Traffic Safety Funds.ACTION: Approved.
2.4
Authorizethe transfer of $9,224.37 fromAccount 100-3011-627800, Other Contractual
Services, to Account 100-3021-424101, Repairs to Buildings - Fire
Department.P2500.0.
4)FISCAL IMPACT: Sufficient funds are in Account
100-3011-
627800.ACTION:
CITY COUNCIL MINUTES DECEMBER 14, 1993
2. CONSENT CALENDAR (Continued)
2.5 Request Council to approve Contract Change Order No. 1 in the amount of $32,864.00 to
Nobest, Inc. for parking lot paving at the YorbaMedical Complex. (A2100.0.Agr.2135)
FISCAL IMP ACT: $32,864.00 is budgeted in the Yorba Park Medical Parking Lot fund
for this project.
ACTION: Approved.
2.6 Request Council to approve Contract Change Order No. 2 and Final in the amount of
11,576.70 to Southern California Underground Contractors for the Orange Street storm
drain. (A2100.0.Agr.2077)
FISCAL IMP ACT: Transfer $11,576.70 from Culver Avenue CDBG funds to Orange
Street Storm Drain CDBG funds.
ACTION: Approved.
2.7 CLAIMS FOR DAMAGES FROM: (C3200.0)
Gao Tania Lee
NhiaLee
Jacqueline Rowe
R. J. Noble Company
Michael Thomas Gray (a minor) by Guardian ad Litem Robin Gray
Wesley Alan Milibrand (a minor) by Guardian ad Litem Joel Miliband
ACTION: Denied claims and referred to City Attorney and Adjuster.
REMOVED AND HEARD SEPARATEL Y)
2.8 Petition submitted from participants at the Orange Senior Center containing approximately
117 signatures opposed to the elimination of all bus stops on Glassell and Almond, and/or
the elimination of a section of Almond as a bus route. (S4000.S.3.1.4)
FISCAL IMPACT: Unknown
The Traffic Engineer reported on June 15, 1993 Council was notified the bus stops on
Almond would be relocated to the Depot, and the bus stops on Glassell would remain.
The Orange County Transportation Authority was advised of this and held public
hearings. The changes were made. The Traffic Engineer recommended this issue should
go before the Traffic Commission for public hearing. However, an immediate action
would be to have the 59 Bus line reinstituted at the corner of Glass ell and Almond.
Page 3
CITY COUNCIL MINUTES DECEMBER 14,1993
2. CONSENT CALENDAR (Continued)
The following people spoke:
Mary Hendersen, 301 S. Glassell St., #224, commented the 59 bus line is the least used
bus by the seniors that travels through the City. Many seniors ride the 53 and 69 bus lines
both ways. There needs to be a shuttle service at the depot for senior citizen's
transportation to the senior center.
Ms. Hendersen read a letter from Dorothy Durant in favor of restoring the bus stops on
Almond and Glassell.
Carole Walters, 534 N. Shaffer, spoke in opposition to the removal of the bus line on
Almond and Glassell and felt the senior citizens should have been notified of any public
hearings when this issue was discussed.
ACTION - Coontz SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to instruct
the City Traffic Engineer to meet with the affected seniors at the Senior Citizens Center in
conjunction with OCT A within the next week, reporting back to Council.REMOVED AND
HEARD
SEP ARATEL Y)2.9 Request
Council authorize no further layoffs in the Library Department after contracting out cataloging and
processing in the Technical Services Division. (C2500.I)FISCAL IMPACT: None.
The Library/Community
Services Director eXplained that during the final budget analysis with the goals
and objectives for reductions that were set in place in July, 1993, the total goal to reduce
positions was nine. Inclusive in the nine was 1.975 in Technical Services which was to
be realized in December. All nine positions were lost early on. This caused the Library to
reorganize and move some people into Technical Services that were lost which has push
backed the phasing process in the contract cataloguing endeavors. It is anticipated for the
remainder of this fiscal year there will be no further layoffs.MOTION - Coontz SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy ACTION: Moved to accept the report
with the understanding that the Library is indicating they have met their goals
on layoff and reorganization.Page 4
CITY COUNCIL MINUTES DECEMBER 14,1993
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
2.10 Request Council to authorize the Library Department to reallocate $4983 from Account
200-2011-443101-9980 Local History to
Account #200-2011-
443101-000 Library
Books. (C2500.I)FISCAL IMPACT: None.Councilwoman Coontz commented there
has been concern expressed regarding the moneys that were donated for the Local History Room, if they
are still in tact,
and what interest is being accrued.The Library/Community Services Director reported the moneys
in Item 2.10 are General Fund moneys and will purchase books to benefit the youth
in the City. These funds are not connected
to any donated
funds or grants.
MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy ACTION: The Library/Community Services Director was instructed
to provide Council with a status report on the balance of donated money and to include
whether interest is being accrued, since the money has been in the
account since 1988.2.11 Approve and authorize the purchase of a 1500 GPM Pumperfrom
FWD Corp./Seagrave Fire Apparatus Inc., Clintonville, WI. in the amount of $259,925 and
one P50 snozzle installed on sametruck from O'Neill Seagrave, Statelin, NY, in the amount
of $101,608 for a combined total 0[$361,533. (A2100.
0.Agr.2168)FISCAL IMP ACT: $351,533 is budgeted in the vehicle replacement
fund
for this
purpose.ACTION: Approved.2.12 Request approval for Released Time Christian Education to
conduct Walkathon on January 29, 1994 from 8:30 to 11:30 A.M. (
p1300.0.9)FISCAL IMP ACT: None. All related fees and permits
will be
paid.ACTION: Approved.2.13 Request Council approve Tract Map No. 13984 and accept street
dedications as offered.North of Via Escola between Meats Avenue and Lorna Street.
Pacific Ridge
Partners
CITY COUNCIL MINUTES DECEMBER 14,1993
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: None.
ACTION: Approved.
MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Items 2.8,
2.9 and 2.10 were removed and heard separately; all items on the Consent Calendar were approved
as recommended.END OF CONSENT
CALENDAR 3.REPORTS FROM
MAYOR BEYER TAPE 1305 3.1 Status
report from Mayor Beyer on EI Toro Marine Base reuse. (C2500.D.l)Mayor Beyer reported
the Board of Supervisors held a meeting this morning to discuss a proposal by Supervisors Steiner
and Stanton whereby there would be one supervisor for each supervisorial district which would
make five, plus three members from Irvine and one member from Lake Forest.The seventeen
mayors
proposed the following: five supervisors, a councilmember from each supervisorial district, making
ten; and one other person to make it eleven. It was felt this would give a more
balanced representation and not lean towards the south County.The proposals were
discussed and the Board of Supervisors voted 5-0 in favor of the Steiner/Stanton
proposal.MOTION SECOND
AYES
Mayor
Beyer
Barrera Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved to receive and file
the oral report.4.REPORTS FROM COUNCILMEMBERS TAPE
1476 4.1 Report from Councilwoman
Coontz on the status of the shopping cart problem C2500.D)Councilwoman Coontz reported
she and
Mayor pro tem Barrera have been working with a group representing all the major grocery
stores for approximately one year. The goal is to alert the community to the fact there
is an 800 number they can call for cart retrieval, and to educate the Page 6
CITY COUNCIL MINUTES DECEMBER 14,1993
4. REPORTS FROM COUNCILMEMBERS (Continued)
public both in Spanish and English on the misuse and stealing of the carts. Most of the local
markets have been cooperative and others have done nothing. A proposed ordinance is scheduled
to be presented to Council in mid-January in order for the market managers to attend the
Council
meeting.The Police Chief reported problem areas have been targeted through the bike and foot patrols
and plans are being discussed with the market managers. The biggest offender is the Alpha
Beta market at Tustin and
Meats.The City Manager commented he would be willing to get involved in this endeavor and
suggested contacting the League of California Cities to see what they have developed on this
issue.Beth Beeman representing the California Grocers Association, 1 World Trade Center,
Long Beach, voiced support for the
efforts.Councilwoman Coontz reported she and Mayor pro tem Barrera are meeting with
representatives of Food For Less within the next few days at the request of Supervisor
Vasquez.
MOTION
SECOND
AYES Barrera
Spurgeon Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
receive and file the oral report.5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS -
None 7.REPORTS FROM CITY
MANAGER TAPE 1902 7.1 Report from
the City Manager regarding the Contract Fire Services in Orange County - History and Analysis. (
C2500.H)The City Manager reported no
action was needed. There are difficulties now due to the $330,000 new dispatch system with NorthNet
Communications (Net 4). This surfaced approximately six weeks ago, and is not
in this year's budget. It is difficult to view the fire service contract without the dispatch system. The County
has indicated it would be of no value to them.Fire Chief Rowlett reported the
NorthNet Communications system is over ten years old and is no longer capable of being upgraded.
It was intended to fund the system through the Fire Facilities Fees and Capital Improvement Programs.
Unfortunately, not enough development has occurred within the last two years
to have funds for replacement of the system. The other cities are also having difficulty raising the funds.
The total system is 1.3 million dollars. The Cityof Orange's share is $330,000. The
move of the dispatch center is approximately $100,000 and the location is the third floor of Anaheim'
s new city hall.Page 7
CITY COUNCIL MINUTES DECEMBER 14, 1993
7. REPORTS FROM THE CITY MANAGER (Continued)
It was recommended the funds could be borrowed from the General Fund and repaid as the Fire
Facility Fees are collected; or utilize Proposition 172.
The City Manager indicated there were other possibilities, but they need to be discussed with the
Fire Chief.
Bob Bennyhoff, 10642 Morada Dr., asked if this is part of the 800 megabertz update.
Chief Rowlett commented the 800 megahertz radio system is already in place for the fire service
in Orange County. The computer aided dispatch and records management system supports that
system. The problem is the terminals cannot be updated and some repairs cannot be completed
because they are outdated. This is a tremendous liability when 80,000 emergencies a year are
being dispatched and the system fails when there are wind and rain storms.
County Contract - Council discussed the need for an additional report be provided to Council on what
the startup costs would be; what will be accepted by the County during the first several years;
governing power ofthe new joint powers; and comparison made with the City ofIrvine regarding
the protection levels. Also, will big cities have to subsidize small cities?MOTION
SECOND
AYES
Coontz
Spurgeon Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved to agendize both
issues for the December 21, 1993 Council meeting.7.2 1993-94
Budget Update and Appropriations Request. TAPE 2636 (C2500.J.l.1)The Assistant City
Manager reported we have slid from our estimated net amount of $173,033.In gross terms
there has been approximately $624,000 worth of slippage in terms of time,implementing cuts, etc.
This has been offset with projected revenue increases.Council discussed the
following items agendized for a study session: 1) Review of the budget process. 2). A
single page spreadsheet outlining the appropriation requests and how they fit into the General Fund
or other categories; to break out and show how the recommendations are drawn. 3) A
schedule for budget planning and priorities, as well as the slippage and unresolved budget costs. 4)
The budget items in the City Manager's report need to be discussed with the department heads at
the study session. 5) There needs to be more clarity and establishment of policies. 6) The
PERS carryover needs to be considered since it was not budgeted. 7) Issue of the Redevelopment basement.
8) Report on computerization.Councilman Murphy suggested
that the utilization of the sales tax extension be applied to public safety funds and
that a resolution be formally adopted. Mayor Beyer instructed the City Attorney to draft a
resolution for Council adoption.PageS
CITY COUNCIL MINUTES DECEMBER 14,1993
7. REPORTS FROM THE CITY MANAGER (Continued)
MOTION
SECOND
AYES
Coontz Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
continue the 1993/94 Budget Update and Appropriations Request to a date to be determined on
December 21, 1993. At that time an Adjourned Regular Meeting will be called for.The Adjourned
Regular Meeting is to include the budget items requested by Council.Bob Bennyhoff,
10642 Morada Dr., asked how much money was in the Reserve account, and asked if
it would be disclosed at the study session?8.LEGALAFFAffiS
TAPE 3160 8.1
RESOLUTION NO. 8268 A Resolution
of the City Council of the City of Orange authorizing the Public Employees'Retirement System
to grant an additional designated period for two years additional service credit for the
City of Orange. (11200.0.3.4)MOTION SECOND
AYES
Spurgeon
Barrera
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy That Resolution No. 8268 as
introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION
NO. 8270
A Resolution of the City
Council of the City of Orange expressing its intent regarding reemployment offormer regular employees who
were laid offby the City. (C2500.J.4)MOTION SECOND AYES Spurgeon Barrera
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy That
Resolution No. 8270 as introduced be adopted
and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 8271 A
Resolution of
theCity Council of the
City of Orange making certain findings in connection with a first amendment to Disposition and Development Agreement
among the Orange Redevelopment Agency, Sunstream Communities, a California Limited Partnership, and
William G. Carlson and Sharon R Carlson. (RA2100.0.Agr.1476)Page
9
CITY COUNCIL MINUTES DECEMBER 14,1993
8. LEGAL AFFAffiS (Continued)
Galleria L'Orange)
MOTION
SECOND
AYES
Barrera Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Resolution
No. 8271 as introduced be adopted and same was passed and adopted by the preceding vote.
8.4
RESOLUTIONNO. 8273 A Resolution
of the City Council of the City of Orange finally accepting the completion of a certain public
work and improvement. (A2100.0.Agr.2133)Bid No.
934-01, Skips Electric, Inc.MOTION
SECOND
AYES
Murphy
Barrera Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy That Resolution No. 8273
as introduced be adopted and same was passed and adopted by the preceding vote.8.5
RESOLUTION NO.
8274 A Resolution of the
City Council of the City of Orange amending Police Management Association Resolution No. 7498 to
eliminate the classification of Police Records Manager at Salary Range 474, $3793 to $4863,
and furthermore amending Resolution No. 7497 of the City of Orange Police Association to add
the classification of Police Records Supervisor at salary range 434,3107 to $3984. (C2500.
J.4.2.1)MOTIONSECOND AYES Barrera
Mayor
Beyer
Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy
Moved to continue Resolution No. 8274 to
December 21, 1993.8.6 RESOLUTION NO. 8276 A Resolution
of the City Council of
the City of Orange upholding the recommendation of the Planning Commission of the City of Orange
and approving the subdivision of property situated west of Prospect Street between the Collins
Avenue Bridge and Walnut Avenue. (T4000.0)Tentative Tract 14847, Beazer Homes California, Inc.
Page 10
CITY COUNCIL MINUTES DECEMBER 14,1993
8. LEGAL AFFAffiS (Continued)
MOTION
SECOND
AYES
Barrera Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Resolution
No. 8276 as introduced be adopted and same was passed and adopted by the preceding vote.
8.7
RESOLUTION NO. 8277 A Resolution
of the City Council of the City of Orange upholding the recommendation of the Planning Commission
of the City of Orange and granting a conditional use permit to allow development of
a planned unit development and to create lots without direct access to a public street upon
property situated west of Prospect Street between the Collins Avenue Bridge and Walnut Avenue. (
C3300.0)Conditional Use
Permit 2030-93 Beazer
Homes California, Inc.MOTION
SECOND
AYES
Coontz
Barrera Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy That Resolution No. 8277
as introduced be adopted and same was passed and adopted by the preceding vote.8.8
RESOLUTION NO.
8278 A Resolution of the
City Council of the City of Orange upholding the recommendation of the Planning Commission of the
City of Orange and approving the subdivision of property situated east of Prospect Street
between Walnut Avenue and Bond Avenue.T4000.0)Tentative Tract
14848, Beazer
Homes California, Inc.MOTION SECOND AYES Barrera
Spurgeon
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
That Resolution No. 8278 as introduced be
adopted and same was passed and adopted by the preceding vote.Page 11
CITY COUNCIL MINUTES DECEMBER 14, 1993
8. LEGAL AFFAIRS (Continued)
8.9 RESOLUTION NO. 8279
A Resolution of the City Council of the City of Orange upholding the recommendation of the
Planning Commission of the City of Orange and granting a conditional use permit to allow
development of a site with an 88 dwelling unit planned unit development and the creation of 47
parcels without direct access to a public street upon property situated east of Prospect Street
between Walnut Avenue and Bond Avenue.
C3300.0)
Conditional Use Permit 2031-
93 Beazer Homes California,
Inc.
MOTION
SECOND
AYES Coontz
Spurgeon Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Resolution
No. 8279 as introduced be adopted and same was passed and adopted by the preceding vote.
8.10
RESOLUTION NO. 8280 A Resolution
of the City Council of the City of Orange amending Resolution No. 7614 of the Professional, Technical
and Clerical Unit to extend the effective date of the agreement through June 25,
1994 and incorporate the attached addendum to the Memorandum of Understanding between the
City of Orange and the Professional, Technical and Clerical Unit effective October 1,1993 through
June 15, 1994. (C2500JA.5)MOTION SECOND
AYES
Coontz
Barrera
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy That Resolution No. 8280 as
introduced be adopted and same was passed and adopted by the preceding vote.8.11 RESOLUTION
NO. 8281
A Resolution of the City
Council of the City of Orange amending Resolution No. 7673 of the Orange Supervisory and Management Association
to extend the effective date ofthe agreement through June 25, 1994 and
incorporate the attached addendum to the Memorandum of Understanding between the City of
Orange and the Orange Supervisory and Management Association Effective October 1, 1993
through June 25, 1994. (C2500.JA.1)MOTION SECOND AYES Barrera Murphy
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy Page
12
CITY COUNCIL MINUTES DECEMBER 14, 1993
8. LEGAL AFFAffiS (Continued)
That Resolution No. 8281 as introduced be adopted and same was passed and adopted by the
preceding vote.
8.12 RESOLUTION NO. 8275
A Resolution of the City Council of the City of Orange on supporting State legislation ending the
practice of imposing unfunded State mandates on municipal governments and to ensure that the
State government pays the costs incurred by municipalities in complying with certain requirements
under State statutes and regulations. (C2500.D)
MOTION
SECOND
AYES
Coontz Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Resolution No.
8275 as introduced be adopted and same was passed and adopted by the preceding vote.9.
RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS -
None 11. RECESS MOTION SECOND
AYES Mayor
Beyer
Barrera
Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy
The City Council recessed at 4:56
P.M. to a Closed Sessionfor 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 Securities, Inc.,
NASD Arbitration No. 92-03685 City of Orange vs. Steen Ronlov,
et al. United States District Court Case No. CV -93-7627 RVK)City of Orange vs.
Moreland &
Associates, Orange County Superior Court Case No. 701396 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 relations 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)(1).
e. To consider and take
possible action upon personnel matters pursuant to Government Code Section 54957.Page 13
CITY COUNCIL MINUTES DECEMBER 14,1993
II. RECESS (Continued)
NOTE: The City Attorney recommended item fbe deleted from the Closed Session.
g. 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
Dr. Jay Miller, Pastor, First Baptist Church
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
3642 13.1 PRE-ZONE
CHANGE 1165-93 (ANNEXATION #405), LINDA AND JOHN GRAVES: (Z1500.
0)Time set
for a public hearing on petition by Linda and John Graves to consider Pre-Zone Change 1165-
93 for an unincorporated single family parcel from existing County of Orange R-
4 Suburban Residential) to R-2-6 (Residential Duplex District). The request is
for city annexation purposes. Subject property is addressed
8582 Palm Avenue.NOTE: This project is categorically exempt from the provisions of
the California Environmental Quality Ace (CEQA) per CEQA
Guidelines Section 15319.MAYOR BEYER OPENED
THE PUBLIC HEARING.The Director of Community Development gave a
brief staff report.Linda Graves, 8582 Palm Avenue, commented she was present
to answers questions.THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED
THE
PUBLIC
HEARING.
MOTION SECOND
AYES Spurgeon
Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
Page 14
CITY COUNCIL MINUTES DECEMBER 14,1993
13. PUBLIC HEARINGS (Continued)
Moved that this item is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per CEQA Guidelines Section 15319.
MOTION
SECOND
AYES
Spurgeon Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to approve
Pre-Zone Change 1165-93 as outlined in Planning Commission Resolution No.PC-
48-
93.TAPE
3790 13.2 APPEAL NO. 417, CONDITIONAL USE PERMIT 2029-93,
BURL AND MICHELLE GREGORY: (
A4000.0)Time set for a public hearing on petition by Burl and Michelle Gregory to appeal the
decision by the Planning Commission on October 4, 1993 approving Conditional Use Permit
2029-93 with conditions to allow outdoor weddings, receptions and other events at
an historic residential property, and to allow variations in parking lot design criteria. This appeal requests
to modifY the conditions of approval. Subject property is located along Avenida Palmar,
near Thora Street,addressed 349
North Renee Street.NOTE: Negative Declaration 1441-93 has been prepared to
evaluate the environmental
impacts of this project.THE APPELLANT STATES THE FOLLOWING
REASONS FOR THE APPEAL:In reference to the above mentioned conditional use permit, the
conditions outlined by the commission are unworkable. Please
see attached appeal breakdown. "MAYOR BEYER
OPENED THE PUBLIC HEARING.The Director of Community Development reported the property is zoned
R-I-7. The residence is the original Jones ranch house which was moved to
this location approximately 20 years ago.The property has been a site of weddings and other events. In
the summer of 1992 the neighbors complained about the noise, the City notified the property
owners,
and the result is this application.The events as proposed would occur on Saturdays and
Sundays with a maximum number of200 people; parking would be provided on an adjacent piece
of property owned by OUSD. The applicant has obtained written approval and a 20 year permit
signed by OUSD. The parking area is not proposed to be paved,
nor is the 627 ft. driveway.The Planning Commission approved the request with
15 conditions. The applicant appealed the approval and requested
the following
CITY COUNCIL MINUTES DECEMBER 14,1993
13. PUBLIC HEARINGS (Continued)
Condition I. Limitation of one event per week - applicant is requesting 52 events total per year,but
not to limit one per week, allowing a number of events to occur during one weekend and none on
others.Condition
3. Requires the driveway to be paved within 60 days - applicant is requesting one year.Condition 5.
Requires irrevocable agreement with OUSD for the use of the lot for parking -applicant states the
irrevocable permanent agreement cannot be obtained from OUSD.Condition 12. Limits
the events to end by 8:00 P.M. with the site vacated by 9:00 P.M. -applicants is asking for
a one hour extension.Condition 15 _ Restriction that
no event occur until conditions 3 and 5 are met.THE FOLLOWING PEOPLE SPOKE
IN FAVOR OF THE APPEAL:Burl R. and Michelle
Gregory, 349 N. Renee St.Mr. Mehdi, Rib Trader
Restaurant, Chapman Avenue Mary Ballard, 5362 Avenida
Palmar Wayne Kiley, 205 E.
5th St., Corona Sandy Strait, 5104 Avenida
Palmar Mr. Gregory commented that
all events are held outside which limits the number of events to certain times of the
year, and requested to condense some of the weekends in the spring and summer months and have
two events on a weekend, once a month, 52 events total for the year.The driveway pavement could
be finished before summer arrives. Since the Planning Commission meeting, a 10 year
lease has been approved by OUSD and received by Mr. Gregory on the 3 1/2 acres. The extrahour,
to 9:00 P.M., during the summer months, enables the wedding photographer to take pictures
with the bridal party at sunset.THE FOLLOWING PEOPLE SPOKE
IN OPPOSITION:R. Bradbury Clark, 300
S. Hope St., Los Angeles, property owner at 5235 Avenida Palmar Joselyn Ruth, 5217 Avenida
Palmar Their concerns were traffic,
noise from the events, noise from the unpaved road, unruly guests,and the need for
a business license.THERE BEING NO FURTHER
SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION SECOND AYES
Coontz
Barrera
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
Page 16
CITY COUNCIL MINUTES DECEMBER 14, 1993
13. PUBLIC HEARINGS (Continued)
Moved to accept Negative Declaration 1441-93 according to the Planning Commission'
s recommendations. Uphold the appeal and approve Conditional Use Permit 2029-93
with the recommendations of the Planning Commission, amending the following conditions:
Condition I,limit two events on a singular weekend per month with a maximum limit of 52 events
per year.Condition 3, 180 days. Condition 5, eliminate due to no legal bearing and it
also affects Condition 15. Condition 12, time to be changed to 8:30
P.M.
TAPE 6163 13.3 INFORMAL PUBLIC HEARING, CLOSURE OF ADAMS A VENUE
WEST OF TUSTIN STREET, CITY OF ORANGE: (S4000.
S.4)Time set for an informal public hearing on request by area residents to consider
closing Adams Avenue to all east-west vehicular traffic at a point east
of Shattuck Street.If approved, this street closure will necessitate a change in existing
neighborhood travel patterns and will cause a redistribution of traffic volumes
on area streets.MAYOR BEYER OPENED THE
INFORMAL PUBLIC HEARING.The Senior Civil Engineer reported this request was initiated by Bob Jones, an
Adams resident, to reduce the amount of through trips of vehicular traffic and speed. Informal
meetings were held with the residents to discuss control options and traffic patterns. Traffic
studies were conducted during July and August which included 24 hour directional volume counts,
peak hour intersection turn counts, new radar speed surveys and origin-destination surveys. The
results were: on 24 hour volume counts on Adams west of Lincoln counts decreased to about
1800 vehicles per day as opposed to 2200 vehicles per day counted a few years ago. The
peak hour turn patterns remained the same however the volumes decreased proportionate to
the ADTs. Radar speed
survey indicated little change.The most significant point is the requested street closure does not have a
major impact to the overall traffic picture, but does impact those trips in the
neighborhood. The Traffic Engineering staff has no objections to the closure providing there is neighborhood
acceptance. The staff was leaning more toward a partial closure rather than a full closure. There are pros
and cons as to which direction would be shut off If eastbound traffic would be restricted,
it would favor Traffic Engineering concerns more than restricting the westbound which
would favor the residential because that
is the higher volume.The Traffic Commission felt a partial closure would only encourage cheating
and would not be self-enforcing and could be potentially impacting traffic safety.
The Commission voted 3-2 to recommend a total closure on Adams east of Shattuck, but
on a
CITY COUNCIL MINUTES DECEMBER 14,1993
13. PUBLIC HEARINGS (Continued)
The Fire Chief reported if Adams is completely closed east of Shattuck Street, response times for
Fire, Police and ambulances will increase to any residential units from the 1300 block of Adams
east to Tustin, also Lincoln and Shattuck off of Adams and Wilson Street. Another option,
besides leaving one direction open, would be to close the street with some type of barricade the
fire engine could drive over.
The following people spoke in favor indicating noise, increased traffic and safety hazards:
Bob Jones, 1343 E. Adams John
Elsey, 1311 E. Adams Tammy Tait,
1301 E. Adams John White, 1106
E. Adams Darlene Dortsch, 1218 E.
Adams Frank Pacino, 1416 E. Adams
The following people spoke in opposition
indicating traffic will increase on their streets if Adams is blocked off and they will
experience increased traffic problems:Thom Tregeagle, 1194 Shattuck Iris and
Richard Cholewa, 1193 N. Shattuck
Rose and George Unsworth, 1193 N. Shattuck Mona
Hecox, 1087 Greengrove Dan Lentz, 1236 E. Quincy
Bruce Myer, 1196 N. Lincoln
Homer Boland, 1236 E. Palm Clifford
McCray, 1301 E. Locust Mark and
Mary Ann Hoover, 1312 E. Locust
Tom Toddy, 1342 E. Locust Armando
Marujo, 1135 N. Lincoln Pam Henton, 1183 N. Shattuck #
A THERE BEING NO FURTHER SPEAKERS,
MAYOR BEYER CLOSED THE INFORMAL PUBLIC
HEARING.The Traffic Engineer was asked to
explain the traffic hump used on residential streets in other
cities. The
hump theory will not reduce traffic. The Traffic staff is in the process of developing standards
and recommended policy guidelines for installation of speed bumps that will be presented to Council in February,
1994. These will be applicable for local residential streets.Bob Jones commented the
speed humps would be an inconvenience to the residents.Council discussed the traffic problems
at the Post Office on Tustin Street, and suggested Congressman Cox be notified
for assistance.PagelS
CITY COUNCIL MINUTES DECEMBER 14,1993
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
Coontz Spurgeon
Moved to
instruct the Traffic Department to return to Council with a more definitive partial solution that
only lasts for a period oftime with a completed study.The Traffic
Engineer was asked what date the report would be presented to Council. He indicated nine
months due to conduction of the studies and a limited staff due to layoffs.The Traffic
Engineer recommended Alternative B, the partial closure of Adams affecting eastbound traffic
between Lincoln and Tustin for a six month trial basis. Use of an inexpensive closure will
create additional knowledge of the partial closure.COUNCILWOMAN COONTZ
REMOVED HER MOTION; COUNCILMAN SPURGEON REMOVED HIS
SECOND.MOTION SECOND
AYES
Coontz
Spurgeon
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved to promote Alternative B (
partial closure of eastbound traffic), recognizing it is only temporary for six months, and
if further studies are needed if would be helpful. If Alternative B does not work, Alternative C (
partial closure of westbound traffic) with variations is to be implemented on a six month
trial basis. The entire Council needs to approach the post office regarding traffic problems.14. PLANNING
AND ENvmONMENT - None
15. ORAL PRESENTATIONS - None Page 19
CITY COUNCIL MINUTES DECEMBER 14, 1993
16. ADJOURNMENT
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to adjourn
at 9:55 P.M. to an Adjourned Regular Meeting at 4:00 P.M. December 15,1993 for a
Closed Session to complete those items that appeared on this agenda. At 4:30 P.M.the Council will
hear a recycling issue in the Weimer Room, and then to the 5:30 P.M. Session with the Planning
Commission in Conference Room C for a formal presentation of the completed architectural exhibits by
the Plaza Design Collaborative.0..' ~~MARI~N ,
C
CITY CLERK GENE
BEYER GENE
BEYER MAYOR
BY~~FRED
L.
ARRERA .
MAYOR PRO TEM
Page 20