02-18-1992 Council Minutes466
APPROVED BY CITY COUNCIL ON MARCH 10, 1992.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 18, 1992
The City Council of the City of Orange, California convened on February 18, 1992 at 3:00 P.M.
in a Regular Meeting in the Council Chambers, 300 E. Chapman A venue, Orange, Catifornia.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Steiner, Barrera, Coontz, Spurgeon ABSENT -
Mayor Beyer 1.3
APPROVAL OF MINUTES - None 1.4 PRESENT
A nONSI ANNOUNCEMENTSI INTRODUCTIONS - None 1.5 PROCLAMATIONS - None
2. CONSENT CALENDAR - Tape 36
2.1 Declaration of City Clerk
Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of February 18,
1992, at Orange Civic Center, Main Library, Police facility at 1107 Nonh 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.ACITON: Accepted declaration of Agenda Posting
and authorized its retention as a public record in the Office of
the City Clerk.2.2 Request authorization to approve
a Deferred Payment Loan and authorize the City Treasurer to prepare a check in
the amount of $12,500.00, Case No. 512. Fund #315-6052-810 (Deferred Loans). (C25oo.G.
l.l Deferred Payment)ACTION: Approved.2.3 Request
authorization to
applyfor an $80,000.00 Grant from the Califonria State Library's Literacy Campaign to
continue the Orange Public Library's Literacy Program.C25oo.l) -ACITON: Approved.PAGEl
467
CITY COUNCIL MINUTES February 18, 1992
2. CONSENT CALENDAR (Continued)
2.4 Request authorization to ratify an application for a Library Services and Construction Act
Grant for literacy from the Depanment of Education in the amount of $35,000.00.
C25oo.l)
ACTION: Approved.
2.5 CLAIM FOR DAMAGES FROM: (C32OO.0)
1. "OCTD/GUADALUPE AVILA for an alleged incident occurring on or about June 7,
1991.
ACITON: Denied claim and referred to City Attorney and Adjuster. (C3200.0)
REMOVED AND HEARD SEPARATELY)
2,6 Award of Bid 912-13, "Pitcher Park Development", to Micon Engineering,
IncjShea Business Propenies Goint venture), Placentia, California, in the amount of $393,032.
00;and reject all other bids. (A21oo.0 A.
1913)
FUNDS:
321-
7021-
485100-
0200 324-7021-
485100-0200 510-
7021-785100-0200
510-7021-485100-
0200 38,
142.00
100,000.00
222,802.00
32.088.00 State Grant)County Grant)Park Acquisition &
Dev.)Park Acquisition & Dev.)Councilwoman
Coontz read the following letter from Alice Pitcher:Dear Mayor and City Council:I
understand that the Pitcher project is progressing. I am pleased to know that applications
of development are in progress. I appreciate all the hard work and the cooperation
of the Staff in this undenaking. The committee headed by Joanne Coontz is doing a fine job. Joanne
keeps me informed of its progress. I know that it takes time and money to complete
this project. I am pleased with the way the grounds are kept up.My only hope is that I
will get to see the completion of Pitcher Park in my lifetime. I am now 88 years old, but
I am feeling well. At my age, one cannot predict the future. I
am livin,g in a Senior Retirement Apanment, which seems best for me.Thanks again for all the work
you are doing.
It
is a
big task
468
CITY COUNCIL MINUTES February 18, 1992
2. CONSENT CALENDAR (Continued)
Bill Leming, 2720 E. Walnut, addressed the Council expressing concern over the amount
of money being spent on this project. Staff indicated this money is earmarked from
developer fees, and county and state grants. There is no impact to the City's general
fund. He feels the City is in desperate need of lighted fields for youth spons and has
been for a number of years and the money might be better spent in that area.
MOTION - Coontz SECOND -
Spurgeon A YES -
Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
ACTION: Approved.REMOVED AND
HEARD SEPARA
TEL Y)2.7 Request from
the Orangewood Children's Foundation for approval to conduct, and co-sponsor the Seventh Annual
Round Orange Race on AprilS, 1992 from 6:00 a.m. until 11:00 a.m. (
p13oo.0.9)NOTE: Councilman Steiner disqualified
himself from the vote on this item, due to his involvement with Orangewood Children'
s Foundation as Executive Director.It was noted that
in recognition of the financial constraints faced by the City this year, the Orangewood Children's Foundation
is not asking for a waiver of fees, and is prepared to pay for required City
services, even though these fees have been waived for non-profit organizations in the
past.MOTION - Coontz SECOND -
Barrera AYES - Barrera,
Coontz, Spurgeon ABSTAIN -
Steiner ABSENT - Mayor Beyer ACITON:
Approved.2.8
Request to approve the
following appropriations
of AB2766 revenue as adopted by Ordinance No. 18-91 (Mobile Source Air Pollution
Fund); 1) Construct a bus bay on Tustin Street; 2) Modify Regulation XV Trip
Reduction Program Incentives and Expenses; and 3) Provide for related program
audit fees. (C25oo.G.5)ACITON: Approved.PAGE 3
469
CITY COUNCIL MINUTES February 18, 1992
2. CONSENT CALENDAR (Continued)
2.9 Request Council approve authorization for advenising to invite bids for a street
maintenance project for various streets in the City of Orange. (S4ooo.S.7)
ACTION: Approved.
2.10 Request approval of a License Agreement with Yen-La Transpon for a three year
period for storage of equipment on the vacant lot at 351 N. Anaheim Boulevard. (A21oo.
0 A.644.
C)ACITON: Authorized the Mayor and City Clerk to execute the agreement on behalf
of the
City.2.11 Receive Comprehensive Annual Financial Repon (including audited statements) for
the year ended June 30, 1991, and the operating financial repons for the City for the
year ended June 30,1991. (C25oo.J.1.
3)ACTION: Received and
filed.
MOTION
SECOND
AYES
ABSENT Barrera
Spurgeon Steiner,
Barrera, Coontz, Spurgeon Mayor Beyer
Items 2.6
and 2.7 were removed and heard separately. All other items on the Consent Calendar were approved/denied
as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER - Tape 419 The City Clerk read
the following memo from Mayor Beyer to the City Councilmembers regarding Theo Lacy Branch
Jail: (OC13ooJ)I have been keeping
up to speed on the Theo Lacy Jail situation. With the current circumstances, and our being
aware of the County's past track record in situations such as these,we are left with
few alternatives. As we have received no indication from County staff that we can trust them ih
any negotiations, we should move speedily ahead with the lawsuit.If you have any
questions, please feel free to contact me."PAGE 4
470
CITY COUNCIL MINUTES February 18, 1992
3. REPORTS FROM MAYOR BEYER (Continued)
Bob Bennyhoff, 10642 Morada Drive, addressed the Council on behalf of the Jail Committee.
The committee is anxious for the Council to file a lawsuit against the County on this matter as
soon as possible. Councilwoman Coontz indicated Council is working together as a team. If
there is a delay, there are reasons for it. Councilman Steiner indicated the entire Council is very
strongly committed to protecting the citizens of Orange in terms of a jail expansion or maximum
security prisoners being at the jail site. Committing perhaps $.5 million or more of the
taxpayers' money for a lawsuit is serious business, no matter how wonhy the cause. Council
must consider the likelihood of prevailing in court, before embarking on that course of action.
Council wants the best legal representation possible, a good strategic plan and understanding of
what direction is being taken. This is good governance.
4. REPORTS FROM COUNCILMEMBERS - None 5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE
REPORTS - Tape 642 6.1 Repon
from Chief of Police regarding random and mandatory drug testing for Police Depanment Employees. Dept.
Order No. 111. (C25oo.K)The Police Chief
complimented Captain Dean Richards, Lieutenant Ed Tunstall, and Jim Hudson from the
Depanment, as well as the City of Orange Police Assocation for their work on this program. The
program is being instituted for the protection of Police employees, the City and the community.
Orange is one of the fIrst Police Depanments in the County to adopt such a program. Councilman Spurgeon
commended the Police Depanment for their self-awareness,making Orange
Police Depanment one of the best around.MOTION SECOND
AYES
ABSENT
Spurgeon
Coontz
Steiner, Barrera,
Coontz, Spurgeon
Mayor Beyer Moved to receive
and file repon.
7. REPORTS FROM CITY MANAGER - None
PAGES
471
CITY COUNCIL MINUTES February 18, 1992
8. LEGAL AFFAIRS - Tape 778 8.
1 ORDINANCE NO. 2-92
An Ordinance of the City Council of the City of Orange amending Section 10.67.040 of the
Orange Municipal Code to increase Annual Transponation Permit Fees from $70 to $85 and
provide for modification of fees by Resolution. (A25oo.0 Transponation Permit Fees)
Council was concerned about the fee increase. The City Traffic Engineer indicated these fees
are consistent with those charged by Cal Trans. Council asked what rates were being charged by
other cities.
MOTION
SECOND
AYES
ABSENT
Steiner Coontz
Steiner, Barrera,
Coontz, Spurgeon Mayor Beyer Moved
to continue this
item to February 25, 1992. Staff to repon back to Council on rates being charged by other cities
for this same fee.8.2 RESOLUTION NO.
7955 A Resolution of the
City Council of the City of Orange ordering the annexation of uninhabitated territory designated as Annexation
No. 402 to the City of Orange. (A3100.0 No. 402)Located at 10706 Meads
Avenue.)MOTION SECOND AYES ABSENT
Coontz
Spurgeon
Steiner,
Barrera,
Coontz, Spurgeon
Mayor Beyer
That Resolution No. 7955 as
introduced be adopted
and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 7956 A
Resolution of
the City Council of the
City of Orange accepting a Deed of Gift of the Florence Flippen Smiley Memorial Archives from the Orange
Community Historical Society to the Orange Public Library. (A2100.0
A.1912)Councilwoman Coontz indicated this is a very valuable
gift and should be acknowledged as such.PAGEG
172
CITY COUNCIL MINUTES February 18, 1992
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Spurgeon
Steiner, Barrera,
Coontz, Spurgeon Mayor Beyer That
Resolution No. 7956
as introduced be adopted and same was passed and adopted by the preceding vote.8.4
ORDINANCE NO.
3-92 An Ordinance of
the City Council of the City of Orange ordering the submission of a proposition of incurring bonded
debt for the pupose of the acquisition and improvement of real propeny lying generally along
Santiago Creek between Han Park and Tustin Street for a municipal park to the qualified
voters for the City of Orange at an election to be held for that purpose.C25oo.D Santiago
Creek)MOTION SECOND AYES
ABSENT
Steiner
Coontz
Steiner,
Barrera, Coontz,
Spurgeon Mayor
Beyer That Ordinance No. 3-
92 have second
reading waived and 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 - Tape 1320 Hot
Dogger:Ed Dan of Unique Catering,
a.k.
a. The Hot Dogger, 1011 W. Taft, addressed the Council to determine what had become of his request
to put a hot dog kiosk in front of Home Depot. It has been about seven months since Staff was
requested to come back with a repon. Councilman Steiner and Barrera felt this matter could
be decided by Council in the near future and asked Staff to come back with a repon
as soon as possible.Term Limits:Carole Walters, 534 N. Shaffer,
addressed the
Council to express her suppon of Council term limits.PAGE 7
473
CITY COUNCIL MINUTES February 18, 1992
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).
b. To confer with its Attorney to decide whether to initiate litigation pursuant to
Government Code Section 54956.9(c).
c. To confer with its Attorney regarding potential litigation pursuant to Government
Code Section 54956.9(b) (1).
d. To consider and take possible action upon personnel matters pursuant to Government
Code Section 54957.
e. To meet and give directions to its authorized representatives regarding labor relation
matters pursuant to Government Code Section 54957.6.
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 - given by Bud Pearson, Pastor, Orange Coast Community Church.12.
1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.
2 ANNOUNCEMENTS - None 12.3
INTRODUCTIONS - None Mayor Pro Tem
Barrera introduced Gina Shaffer, new reponer for the Orange County Register,nowassigned to the
City of Orange.12.4 PROCLAMATIONS -
None 12.5 PRESENTATIONS - None
PAGES
474
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS
February 18, 1992
13.1 PROTEST HEARING FOR ANNEXATION NO. 392, FAIRHA YEN ISLANDS:
Time set for a protest hearing for Annexation No. 392, Fairhaven Islands, Area B, as directed by
the Local Agency Formation Commission on September 11,1991. (A31oo.0 No. 392)
The propeny is comprised of 35.52 acres and is located nonherly of Fairhaven Avenue, easterly
of Yorba Avenue to Laurinda Lane.
The Annexation Coordinator reponed on October 8, 1991, the City Council held protest hearings
for the three Fairhaven proposed annexation areas: No. 392, 393 and 394. Before the Council
could adopt resolutions to set these annexations for an election, some residents and owners
challenged the proceedings on grounds that not enough notice had been given, and therefore, the
protest hearings were invalid. On November 26th, the City Council ordered that these hearings
be re-noticed for a 6O-day period prior to the public hearings. The City Clerk has
since re-noticed the public hearings and set them for
this date.LAFCO has made it quite clear that they want the cities to follow the goals of the
County Board of Supervisors and LAFCO, that all County island areas be incOlporated by
their respective cities. The benefits to the homeowners of coming into the City of Orange are:
propeny taxes would remain the same, water rates are 33% less, and sanitation and garbage pickup
fees
are less.MAYOR PRO TEM BARRERA OPENED THE
PUBLIC HEARING.The following people spoke against
the annexation:Richard Layton, 12951
Malena Drive.Conrad Poppenhusen, 12791
Malena Drive.Ruth Thomas, 12952
Wheeler Place.Georgann McKee, 12791
Wheeler Place.They feel a majority of homeowners are opposed to
this annexation.In favor of the
annexation: None.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING
WAS
CLOSED.
MOTION
SECOND
AYES ABSENT
Coontz Steiner
Steiner, Barrera, Coontz, Spurgeon Mayor
Beyer PAGEt
475
CITY COUNCIL MINUTES February 18, 1992
13. PUBLIC HEARINGS (Continued)
Moved to direct the City Clerk to verify signatures and repon back within 30 days with an
appropriate resolution, based on the percentage of protests received.
13.2 PROTEST HEARING FOR ANNEXATION NO. 393, FAIRHA YEN ISLANDS: -Tape
2170 Time
set for a protest hearing for Annexation No. 393, Fairhaven Islands, Area C, as directed by the
Local Agency Formation Commission on September 11,1991. (A31oo.0 No. 393)The
propeny is comprised on 18.32acres and is located nonherly of Fairhaven A venue, easterly of
Laurinda Lane to Prospect Avenue.MAYOR
PRO TEM BARRERA OPENED THE PUBLIC HEARING.The
following people spoke in opposition:Edwin
Drinkwater, 12862 Dunas Road.Edward
Heffner, 12891 Fieldstone Drive.The
following people spoke in favor:Norman
Kohl, 17972 Romelle Ave.Joe
Fialkoff, 17881 Romelle Avenue.Chester
Stearns, 12931 Prospect.THERE
BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.MOTION
SECOND
AYES
ABSENT
Coontz
Steiner Steiner,
Barrera, Coontz,
Spurgeon Mayor Beyer Moved to
direct the City
Clerk to verify signatures and repon back within 30 days with an appropriate resolution based on the
percentage of protests received.PAGE 10
476
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
13.3 PROTEST HEARING FOR ANNEXATION NO. 394, FAIRHA VEN ISLANDS:-Tape
2724 February
18, 1992 Time
set for a protest hearing for Annexation No. 394, Fairhaven Islands, Area D, as directed by the
Local Agency Formation Commission on September 11,1992. (A31oo.0 No. 394)The
propeny is comprised on 43.33acres and is located nonherly of Fairhaven Avenue, easterly of
Prospect Avenue to westerly of Woodland A venue.MAYOR
PRO TEM BARRERA OPENED THE PUBLIC HEARING.The
following people spoke in opposition:Richard
Bates, 12752 Dunas Road.Edwin
Drinkwater, 12862 Dunas Road.Manin
Novak, 12841 Dunas Road.William
Hatch, 12861 Dunas Road.The
following people spoke in favor:Joe
Vockovich, 12641 Swidler Place.Ronald
Dryrnan, 12971 Loretta.THERE
BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.MOTION
SECOND
AYES
ABSENT
Steiner
Coontz Steiner,
Barrera, Coontz,
Spurgeon Mayor Beyer Moved to
direct the City
clerk to verify signatures and repon back within 30 days with an appropriate resolution, based on the
percentage of protests received.MOTION SECOND AYES ABSENT Spurgeon
Steiner
Steiner,
Barrera,
Coontz,
Spurgeon Mayor
Beyer Moved
to direct Staff to provide
a complete analysis
of the costs to the City for these .annexation hearings.PAGE 11
4.77
CITY COUNCIL MINUTES February 18, 1992
13. PUBLIC HEARINGS (Continued)
Council asked for clarification on when the resolutions would be returned. The City Clerk
indicated the resolutions will be on the March 17th agenda, 7:00 p.m. Session. The City
Attorney reviewed the rules on annexation.
13.4 APPEAL NO. 395, CONDITIONAL USE PERMIT 1945-91,
COUNCILWOMAN
COONTZ:Time set for a public hearing on petition by Councilwoman Coontz to appeal the decision by
the Zoning Administrator on December 12, 1991 to approve Conditional Use Permit
1945-91,Petitioner, George Lazamk; to allow an on-sale beer and wine license in a
restaurant located in the C-l (Limited Business) District. Subject propeny is located on the
nonh side of Chapman A venue between Prospect Street and Esplanade Street (3533 E.
Chapman Avenue, Suite E).
A4ooo.0 No. 395)NOTE: This project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) per State
CEQA Guidelines, Section 15301.APPELLANT STATES THE FOLLOWING
REASONS FOR THE APPEAL:The neighbors in the area are concerned that this proposal will adversely
affect the welfare of
the surrounding residential community."Councilwoman Coontz read the following letter into the record, at the
request of the Applicant:To: Honorable Mayor
and City Council Members:With reference to Appeal #395 of 12/23191 submitted
by Councilwoman Joanne Coontz,neighbors in this area have been concerned that the sale of beer and wine in
a restaurant at 3533 E. Chapman, Suite E, Orange, would affect
the surrounding neighborhood adversely.However, after a discussion with Chief of Police Merrill Duncan about our
concerns, we are not pressing for a denial of said beer and wine license at this time.
Obviously, if an adverse situation develops, we feel
obligated to protest same.Personally, our neighbor actions should be directed to solving the
deteriorating condition of our neighborhood. This is due to the negative impact of
overcrowding, criminal activities, and health problems in the Orange Park Villas apanment project at 3138
E. Maple
Ave., Orange.Thanking
you,Herben
478
CITY COUNCIL MINUTES February 18, 1992
13. PUBLIC HEARINGS (Continued)
Mayor Pro Tem Barrera asked if anyone was present in the audience to speak to this Issue.
There was no one present.
MOTION
SECOND
AYES
Coontz Spurgeon
Steiner, Barrera,
Coontz, Spurgeon Moved to withdraw
Appeal No. 395, at the Applicant's request, for the reasons given in his letter.14. PLANNING
AND
ENVIRONMENT - None 15. ORAL PRESENTATIONS - None
16. ADJOURNMENT MOTION SECOND AYES
ABSENT Spurgeon
Barrera
Steiner,
Barrera,
Coontz,
Spurgeon Mayor
Beyer Moved
to adjourn at 8:10
p.m. to
a Work Study Session regarding 5,000 Square Foot Single Family Residential Lots, Planned Community Zones and a Planned
Unit Development Ordinance, February 19, 1992 in the Weimer Room at
4:30 p.m.GENE BEYER MAYOR 1Juu~~~~~MARILYN J. J SEN, C
CITY CLERK
BY: ~. ~
1J--.
wu BARRERA, MAYOR PRO TEM PAGE 13