12-21-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
December 21, 1993
The City Council of the City of Orange, California convened on December 21, 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, Coontz, Murphy ABSENT -
Mayor Beyer 1.3
APPROVALOF MINUTES - None 1.4 PRESENTATIONS/
ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None
2. CONSENT CALENDAR - Tape 83
All matters on the Consent Calendar
are considered by the Council to be routine and will be enacted by one motion unless
a Councilmember requests separate action, discussion, or removal of the item.This agenda
contains a brief general
description of each item to be considered. Except as otherwise provided by law, no action
shall be taken on any item not appearing in the following agenda.PUBLIC PARTICIPATION: At the
conclusion of
the meeting on items listed on this agenda, members of the public may
address the City Council on items of interest to the public that are within the subject
matter jurisdiction of the City Council.2.1 Declaration of City Clerk
Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of December 21, 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.PAGE 1
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CITY COUNCIL MINUTES December 21, 1993
2. CONSENT CALENDAR (Continued)
2.3 Request authorization to approve a Homeowner Participation Program Grant and
authorize the Finance Department to prepare a warrant in the amount of $1,137.50.
C2500.G.1.3.1)
FISCAL IMPACT: Funds are available in Account No. 316-
6053-427800-1221 Homeowner Participation
Program). Case #
566.ACTION: Approved.2.4 Authorize and approve the award of Bid No. 934-10, Construction of
Water Well #24, to Layne-Western Co., Chino, CA in the amount of $181,029.00
and reject all
other bids.A2100.0 AGR-2178)FISCAL IMPACT: $181,029.00
is budgeted
in Water Capital Projects.ACTION: Approved.2.5
CLAIM FOR DAMAGES
FROM (C3200.
0)Kathleen
Anne Zeyak Bonnie
Tipton-Eggman Moises Garcia FISCAL IMPACT: None.ACTION: Denied claims
and referred to City Attorney and Adjuster.2.6 Request to upgrade one part-
time Librarian II (Literacy Coordinator) Position #
158, to full-time status with benefits. (C2500.1)FISCAL IMP
ACT: Funding
for this position is
provided through grants.ACTION: Approved.REMOVED AND HEARD SEPARATELY.)2.7 Ratification of City
Manager's response regarding time of performance of certain obligations pursuant to
the Development Agreement between the City of
Orange and Woodcrest
Development, Inc. (A2100.
0 AGR-1416.
B)FISCAL IMPACT: None.MOTION - Coontz
SECOND - Spurgeon AYES - Spurgeon,
Barrera, Coontz,
Murphy
CITY COUNCIL MINUTES December 21, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Received and filed report. Council requested an update by mid-February
on the extension of Serrano, which has been in question for 10 years. They also want a
yearly update on the status of the development agreement, with demonstration of financial
ability of applicant to construct Serrano and timetable to
perform.2.8 Request Council accept proposal to study possible re-organization of
Crawford Hills Assessment District No. 90-1. (Tl100.
0.1 ASD-90-1)FISCAL IMP ACT: None. All costs to
be paid by BA Properties.ACTION: Directed staff to have draft assessment report prepared
and a
review of District Official Statement.2.9 Request Council approve transfer of$30,000.00 from
Fund No. 100-5011-427800 to 100-5011-471301 and $14,900.
00 from Fund No. 100-5011-424102 to 100-5011-471301 and appropriate
said funds to facilitate the purchase of
an electrostatic
plotter. (C2500.M)
FISCAL IMPACT: No
net impact on budget.ACTION: Approved.
MOTION - Spurgeon SECOND - Murphy
AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Item 2.7 was removed and heard separately.
All other items
on the Consent Calendar
were approved as recommended.END
OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER 3.1 Status report from Mayor Beyer on
EI
Toro Marine Base reuse. (C2500.D.l)None.3.2 Reappointment of Mayor Pro Tern Fred
L. Barrera to the Orange County Vector Control District for a two-year term to
expire on 12/
31/95. (OR1800.
0.3.20)MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon, Barrera,
Coontz, Murphy ABSENT - Mayor Beyer Moved
to confirm
CITY COUNCIL MINUTES December 21, 1993
4. REPORTS FROM COUNCILMEMBERS - None.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.6. ADMINISTRATIVE
REPORTS - Tape 183 6.1 Approve
proposed fee increases in Recreation Programs. (C2500.J.1.0.1)The City Manager
asked how much of the revenue would be coming in this fiscal year. The Community Services Manager
indicated it was about one-half. He did not have the exact figures,but will
get them.Bill Leming,
representing the Orange Youth Council, indicated they are satisfied with the new fee structure.FISCAL
IMPACT: $
144,000.00 in revenue to the General Fund.MOTION - Coontz
SECOND - Murphy AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer Moved to
approve all fee increases,
except for aquatics, pending contractual arrangements with the Orange Unified School District on
pool maintenance, which are expected in the near future.Council requested a report on the
effect of the fee increases as far as enrollment.6.2 Cooperative Agreement with Orange
County Transportation Authority for improvements to the Fairhaven Bridge at the
SR-55 (Costa Mesa) Freeway. (A2100.0 AGR-2179)FISCAL IMP ACT: The
City's share ($677,000.00) will be provided through: #284 TSIP Area B 383,000.00); and #
550 GMA-7 ($294,000.00).MOTION - Coontz SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Coontz, Murphy
ABSENT - Mayor Beyer ACTION: Approved the
conditions of the Cooperative
Agreement between the City of Orange and OCT A for the Fairhaven overcrossing
and authorized the Mayor and City Clerk to execute on behalf of the City, with disposition of
funds as indicated above.7. REPORTS FROM CITY MANAGER 7.1
Report from City Manager regarding
the Contract Fire Services in Orange County -History and Analysis. (Continued from 12-14-93.) (
C2500.H)PAGE 4
CITY COUNCIL MINUTES December 21, 1993
7. REPORTS FROM CITY MANAGER (Continued)
MOTION - Murphy SECOND -
Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
Moved to continue this
item to January 11, 1994 for consideration by a full Council.7.2 Report from
City Manager regarding expenditure of$330,000.00 for North Net Communications Computer-Aided Dispatch
Records Management System replacement.Continued from 12-
14-93.) (C2500.H)MOTION -
Spurgeon SECOND - Murphy
A YES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer Approved
the expenditure of$330,
000.00 for North Net Communications Computer-Aided Dispatch Records Management System.
Approved a loan of $330,548.00 from the General Fund to the Fire Facility
Fee Funds to pay the City's share of the purchase of the CAD/RMS and relocation ofthe center.
8. LEGAL AFFAIRS - Tape
1003 8.1 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. (Continued from
12-14-93.) (C2500J.4.2.1)MOTION - Murphy SECOND -
Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy
ABSENT - Mayor Beyer Moved to continue
this item to January
11,1994.8.2 RESOLUTION NO. 8282 A Resolution
of the City Council of
the City of Orange expressing appreciation to John K. French of the General Services Department and commending
him for more than thirty-two years ofloyal and dedicated service. (C2500J.3)PAGE
5
CITY COUNCIL MINUTES December 21, 1993
8. LEGAL AFFAIRS (Continued)
MOTION - Murphy SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
That Resolution No. 8282
as introduced be adopted and same was passed and adopted by the preceding vote.8.3
RESOLUTION NO.
8283 A Resolution of the
City Council of the City of Orange finally accepting the completion of a certain public work and
improvement; Bid No. 923-08; R. J. Noble Company; Glassell Street from Lincoln Avenue
to Santa Ana River. (A2100.0 AGR-2034)MOTION - Spurgeon
SECOND - Murphy AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer That Resolution
No. 8283 as introduced
be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO.
8284 A
Resolutionof the City Council
of the City of Orange finally accepting the completion of a certain public work and improvement; Bid
No. 923-16; Southern California Underground; Orange Street Storm Drain, Chapman Avenue
to Palm Avenue. (A2100.0 AGR-2077)MOTION - Coontz SECOND - Spurgeon
AYES - Spurgeon, Barrera,
Coontz, Murphy ABSENT -
Mayor Beyer That Resolution No. 8284
as introduced be adopted
and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 8285 A
Resolution of
the City Council of the
City of Orange amending Resolution No. 7878 relating to the classification and compensation and terms of employment
of designated executive management, staff management and labor confidential employees moditying
the salary level for Accounting Manager from Range 466, $3,644 to $
4,673, to Range 496, $4,232 to $5,427 pursuant to reorganization of the Finance Department. (C2500.
J.4.6)PAGE 6
CITY COUNCIL MINUTES December 21, 1993
8. LEGAL AFFAIRS (Continued)
MOTION - Murphy SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
That Resolution No. 8285
as introduced be adopted and same was passed and adopted by the preceding vote.8.6
RESOLUTION NO.
8286 A Resolution of the
City Council of the City of Orange amending Resolution No. 7613 of the Operations and Maintenance unit
to extend the effective date of the agreement through September 24, 1994 and incorporate
the attached addendum to the Memorandum of Understanding between the City of Orange
and the Operations and Maintenance unit effective October 1, 1993 through September 24, 1994. (C2500J.
4.4)MOTION - MurphySECOND - Spurgeon
A YES - Spurgeon,
Barrera, Coontz, Murphy
ABSENT - Mayor Beyer That Resolution No. 8286
as introduced 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 Frank Elfend, Elfend and
Associates,
610 Newport Center
Drive, Suite 1290, Newport Beach,expressed his frustration to Council in dealing with
Redevelopment staff on the Villa Santiago Apartments project, which has been in the works
for over a year. His client wants a schedule and meaningful negotiations to take place so an agreement
can be worked out. (See Item "a" on Redevelopment Agenda under Recess.) Council directed Staff to
come back on January 11, 1994 with deal points/key issues and status of
project.Carole Walters, 534 N. Shaffer Street, urged Council
to encourage Staff action on Villa Santiago Apartments.Corinne Schreck, 446 James, was surprised it
has
taken a year to get this project off the ground.The area needs attention very badly and she
requested the project be hastened along.Pat Buttress, Southern California Edison Company, 531 E.
Chapman Avenue, gave Council an update on the Loma Street extension. It will
be completed ahead of schedule, by the end of February.PAGE 7
CITY COUNCIL MINUTES December 21, 1993
10. ORAL PRESENTATIONS (Continued)
Carole Walters, 534 N. Shaffer, requested an update on the bus stop situation in the
Glasselll Almond area. The City Traffic Engineer reported he has met with senior citizens'
representatives and reached an agreement which they are happy with. This solution will be
reviewed by the Traffic Commission and then come to the Council, hopefully in late January.
Fred Krebs, 1100 E. Mardell, reported he is working with gangs at Hart Park. He requested a
desk or work space so he can get some things done related to this. Council referred him to the
City Manager.
11. RECESS
The City Council recessed at 4:00 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 Securities, Inc., NASD Arbitration No. 92-
03685 Dewain Snapp vs. City of Orange, et al. OCSC Case No. 70 50
24.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.f. To give instructions to its negotiator in connection with the purchase, sale, exchange
or lease of real property pursuant to Government Code Section 54956.
8.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.PAGE
8
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CITY COUNCIL MINUTES December 21, 1993
7:00 P.M. SESSION
12. INVOCATION
Given by Senior Minister Taft L. Mitchell, North Orange Christian Church.
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS
Mayor Pro Tem Barrera reported Council has taken action by unanimous vote to extend the
contract ofInterim City Manager Bill Cornett until February, 1994.
12.3 INTRODUCTIONS - None.12.
4PROCLAMATIONS - None.12.5
PRESENTATIONS - None.13. PUBLIC HEARINGS -
Tape 1850 13.1 PUBLIC HEARING
AND ADMINISTRATIVE REPORTS REGARDING HOME OCCUPATION AND TRUCK PARKING
REGULATIONS: (A2500.0)A ORDINANCE AMENDMENT 3-
93, HOME OCCUPATIONS, CITY OF ORANGE:The public hearing
on petition by the City of Orange to consider a proposed ordinance amendment adding provisions
to the Orange Municipal Code, Title 17 - Zoning Ordinance, to modifY the City's
Home Occupation Use standards has been continued from November 9,1993.NOTE: This item is
categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per
CEQA Guidelines Section 15305.THE PUBLIC HEARING WAS
REOPENED.The following people spoke
in favor of changing the ordinance on Home Occupations:Casey Burns, 837 E.
Adams Ave.Roger Stafford, 816 E.
Wilson.Jack Payne, 807 E.
Adams The following people spoke
in opposition:Marilla Hamor, 839 S.
Oakwood.Alice Clark, 205 N.
Pine Street.Corinne Schreck, 446 N.
James.THERE BEING NO FURTHER
SPEAKERS, THE PUBLIC HEARING WAS CLOSED.PAGE 9
CITY COUNCIL MINUTES December 21, 1993
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Spurgeon AYES - Spurgeon,
Coontz, Murphy ABSENT - Mayor Beyer
NOES - Barrera Moved that
this item is
categorically exempt from the provisions ofthe California Environmental Quality Act per CEQA Guidelines
Section 15305.MOTION - Murphy SECOND - Spurgeon AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor
Beyer Moved to deny Ordinance Amendment
3-93.B. Consideration
of Ordinance Amendment regulating the parking
and storage of trucks and other equipment within residential zoned areas both on
the public streets and on private property.MOTION -Murphy SECOND -Spurgeon AYES - Spurgeon, Barrera, Coontz,
Murphy ABSENT -
Mayor Beyer
Moved to accept this report and
set the proposed ordinance
amendment for first reading at the next available Council meeting.C. Report from the Police Department
on current regulations regarding
truck parking on residential streets.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz,
Murphy ABSENT -
Mayor Beyer Moved
to receive and
file report.PAGE 10 I
CITY COUNCIL MINUTES December 21, 1993
13. PUBLIC HEARINGS (Continued)
13.2 CONDITIONAL USE PERMIT 2028-93, TAlT & ASSOCIATES (FOR
THRIFTY OIL): (C3300.0
CUP-2028-93)The public hearing on petition by Tait & Associates (for Thrifty Oil) to
consider Conditional Use Permit 2028-93, a request to sell beer and wine within the retail sales
area of an existing automotive service station has been continued
from November 16, 1993.The property is zoned C-TR (Commercial-Tustin
Redevelopment District), and the off premise sale of beer and wine in conjunction with the sale of motor fuel
is allowed subject to the issuance of a conditional use permit. Subject property is located at
the southeast corner of Tustin Street and
Heim Avenue (2493 N. Tustin St.).NOTE: This project is categorically exempt from
the provisions of the California Environmental Quality Act (
CEQA) per CEQA Guidelines Section
15301.THE PUBLIC HEARING WAS OPENED.The following people
spoke in favor of the project:Joshua Kaplan, 9171 Wilshire Blvd., Beverly
Hills, attorney for Thrifty Oil Company.Richard Tait,
Tait & Associates, 800 N. Eckhoff St.The Applicant is proposing to erect a security gate to
protect the residents of the adjoining condominium project. They offered to construct a 6 foot high
block zoning wall. They will also erect security lighting on the premises, landscaping and
signage. Thrifty is commiting to prevent loitering in the area. Their employees go through special training
to handle the sale of alcoholic beverages and they indicated there would
be someone there who speaks English.
The following people spoke in
opposition:Ilse Apodaca, 2525 Bourbon PI.Steven
Pritt, 1800 E. Heim Ave #33.
Florence Blakely, 1800 E. Heim #36.
Darryl Harper, 1800 E. Heim #41.The Police Chief indicated this area is a high crime area.
If the Conditional Use Permit was granted, they would probably protest the issuance of the
ABC license. He also indicated any additional ABC license results in additional crime, but
not
always in the
immediate surrounding area.
MOTION - Murphy SECOND - Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT -
Mayor Beyer
CITY COUNCIL MINUTES December 21, 1993
13. PUBLIC HEARINGS (Continued)
Moved to continue this hearing to January 18, 1994. Thrifty Oil representatives to meet further
with residents in the area to try to alleviate their concerns and present their proposal for the use of
a security gate.
Council directed Staff to explore the feasibility of the use of a security gate for this complex.
Council asked for Staff clarification on how they can exercise their control over this situation as a
City.
14. PLANNING AND ENvmONMENT - None.15.
ORAL PRESENTATIONS - None.16. ADJOURNMENT
MOTION - Barrera
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer The City
Council adjourned at 8:
55 p.m.1r{7i~jJ~ ~ ~Maril J. Jen
nCity Clerk
Gene Beyer Gene Beyer
Mayor Bk~
Fred L.
Barrera Mayor
Pro
Tem
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