06-09-1992 Council MinutesAPPROVED BY CITY
CITY COUNCIL MINUTES
OF A REGULAR MEETING
COUNCIL ON JUNE 23, 1992.
ORANGE, CALIFORNIA
June 9, 1992
The City Council of the City of Orange, California convened on June 9, 1992 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 - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.
3 APPROVAL OF MINUTES Regular
Meeting - May 12, 1992 MOTION - Spurgeon
SECOND - Barrera AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon ACTION: Approved.Adjourned Regular Meeting -
May 13,
1992 MOTION - Barrera SECOND - Steiner A YES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
ACTION: Approved.Regular Meeting - May 19, 1992 MOTION - Steiner
SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon ACTION: Approved.
Regular Meeting - May
26, 1992 MOTION - Barrera SECOND - Steiner AYES - Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon ACTION: Approved.PAGEl
1"
CITY COUNCIL MINUTES June 9, 1992
1.3 APPROVAL OF MINUTES (Continued)
Adjourned Regular Meeting - May 26, 1992 MOTION -
Coontz SECOND - Barrera
A YES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Adjourned Regular
Meeting - June
2, 1992 MOTION - Steiner SECOND - Barrera A
YES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon ACTION: Approved.1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Presented
Resolution No.
8009, expressing appreciation to Maxine
C. Staump of the Orange Finance Department for 10 years of
loyal and dedicated service.RESOLUTION NO. 8025 A Resolution of the City
Council of the
City of Orange honoring Chief Merrrill Duncan for serving as Police Chief. (C2500.K)
MOTION - Mayor Beyer SECOND - Coontz AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon
That Resolution No.
8025 as introduced be adopted and same was
passed and adopted by the preceding vote.Presented Resolution No. 8025 to Police
Chief Merrill Duncan.1.5
PROCLAMATIONS - None 2. CONSENT CALENDAR-Tape 412 2.1
Declaration of City Clerk Marilyn
J. Jensen declaring posting
of City Council agenda of a regular meeting of June 9, 1992, 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.PAGE 2
CITY COUNCIL MINUTES June 9, 1992
2. CONSENT CALENDAR (Continued)
ACTION: Accepted Declaration of Agenda Posting and authorized its retention
as a public record in the Office of the City Clerk.
2.2 Authorize the Mayor and Director of Finance to draw warrants on City
Treasurer in payment of demands.
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
2.3 Request approval of agreement between the City of Orange and Hazelrigg Risk
Management Services, Inc. as the City's Third Party Administrator for Worker's
Compensation benefits. (A2100.0 A.1971)
FISCAL IMPACT: $95,000.00 is included in the preliminary 1992-93 budget
in Fund 730, Self-Insurance, Workers' Compensation Fund, for this
contract. This agreement represents an overall savings of more than 10% over
the current Administrator's
quoted increases.MOTION -
Spurgeon SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION:
Authorized Mayor and City Clerk to execute agreement on behalf of the
City.2.
4Request for approval of Memorandum of Understanding Concerning Deferral of
Construction of the Diemer Pump Station and Temporary Modification of Operation
of the Allen-McColloch Pipeline and Agreement for Interim License
and Lease of Capacity in Allen-McColloch Pipeline. (A2100.0 A.
1974)FISCAL IMPACT: Potential annual revenues of $40,000 for Water Fund for
next six fiscal
years.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.5 Request approval of extra work by P & D Technologies, Inc. in the amount
of 13,546.50 for extra work on the Main St./SR-22 Fwy. Bridge
Widening project.A2100.0
A.1422A)FISCAL IMP ACT: $13,546.50 in additional appropriations in the
Santa Ana-Orange Transportation System Improvement Authority Developer
Fee Account.
ACTION: Approved.
PAGE
CITY COUNCIL MINUTES June 9, 1992
2. CONSENT CALENDAR (Continued)
2.6 Request approval of extra work by P & D Technologies, Inc. in the amount of
18,444.00 for extra work on the La Veta - Main - Chapman EIR public hearings and approval
process. (A2100.0 A.1422A)FISCAL IMPACT: $
18,444.00 in additional appropriations in the Santa Ana-Orange Transportation
System Improvement Authority Developer Fee Account.ACTION: Approved.
REMOVED AND
HEARD SEPARATELY)2.7
CLAIM FOR DAMAGES FROM: (C3200.0)1. BERTHA
M. ROWELL for an alleged incident occurring on or about February 24,
1992.2. RICK
STOLTE for an alleged incident occurring on or about May 1, 1992.3. JIMMY
TRAHIN for an alleged incident occurring on or about March 8,1992.4. BOONCHOO &
SENGDAO VONGRUKSUKDI for an alleged incident occurring on
or about March 4,1992.5. PAT
PEEKS for an alleged incident occurring on or about January 30,1992.FISCAL IMP
ACT: None.Councilman Barrera
asked the City Attorney to supply Council with a report on the disposition
of the claims against the City on a regular basis. Councilwoman Coontz felt
the wording of "alleged incident" should be changed.MOTION - Banrera
SECOND - Coontz A
YES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon ACTION: Denied claims and referred
to City Attorney and Adjuster.2.8 Request Council authorize
an appropriation of $85,000.00 to the City Attorney's budget, Account 100-0301-426100,
for Miscellaneous Legal Services. (C2500.B)FISCAL IMP ACT: $
85,000.00 in additional appropriations in Fund 100, General Fund.ACTION: Approved.
PAGE
4 I ---
CITY COUNCIL MINUTES June 9, 1992
2. CONSENT CALENDAR (Continued)
2.9 Request Council approve the new 60 month lease agreement between the City of
Orange and Orange Children and Parents Together, Inc. and authorize a budget
appropriation of $25,000.00 accumulated from prior year rental payments to
account 150-1311-471200 (Buildings and Improvements). (A2100.0
A.1972)FISCAL IMPACT: $25,000.00, from Fund 150, Head Start
Preschool Fund
Unappropriated Reserves.
ACTION: Approved.REMOVED ANDHEARD SEP ARA
TEL Y)2.10 Approve 1992-93 Animal Control Contract with the County of
Orange. (A2100.0
A.135.DFISCAL IMPACT: $312,518.00 proposed to be budgeted in
Fund 100, General Fund, in
Fiscal Year 1992-
93.MOTION - Barrera
SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.11 Approve contract with Yorba Park Medical Group and related parties for
the exchange of unused City property for improved street right-of-
way. (A2100.
0 A.1889)FISCAL IMPACT: $100,000.00 is included in the preliminary
1992-93 budget in Fund 260, Street Improvement
Fund, on this project.ACTION: Authorized Mayor and City Clerk to execute on
behalf
of
the
City.
MOTION SECOND
AYES Spurgeon Barrera Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon Items 2.3, 2.7 and 2.10 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 -
None
CITY COUNCIL MINUTES June 9, 1992
4. REPORTS FROM COUNCILMEMBERS
Mayor Pro Tern Barrera asked to have the Library Joint Use Project agendized.
MOTION
SECOND
AYES
Spurgeon
Coontz
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved
to agendize the Library Joint Use Project for June 16, 1992, 3:00 p.m. Session.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE
REPORTS - None 7. REPORTS FROM
CITY MANAGER - None 8. LEGAL AFFAIRS - Tape
712 8.1 ORDINANCE NO. 8-
92 A2500.0 Occupancy)An Ordinance of the
City Council of the City of Orange adding Chapter 8.06 establishing Residential Housing Occupancy
standards to the Orange Municipal Code.MOTION SECOND AYES Coontz
Steiner
Steiner,
Barrera,
Mayor
Beyer, Coontz,
Spurgeon Moved to take the following actions
at the recommendation of Staff:1. Remove the second reading from
the Agenda unti! the Supreme Court addresses the Fourth District Court of Appeals ruling
in the Santa Ana case (5-28-92) that cities do not have the power to
adopt ordinances regulating residential occupancy.2. Authorize the City
Attorney's office to file or participate in an amicus brief in the Santa Ana case before
the Supreme Court.3. Authorize the Council
Committee to study and report on options for seeking to have the State legislature eliminate
the pre-emption by new legislation that would allow local regulation of
housing occupancy or set a more reasonable State occupancy standard, and direct
Staff to assist the Committee.4. Direct Staff
to return to the June 16, 1992 Council Meeting with the results of the study and evaluation
of the proposed (1) Uniform Inspection Procedures; (2)Education Program for
property managers and owners.5. Direct Staff
to return to the June 23,1992 Council Meeting with the results of the study and evaluation
of the proposed (1) Reinspection Program and (2) Business License/Data Base
Program PAGE 6
CITY COUNCIL MINUTES June 9, 1992
8. LEGAL AFFAIRS (Continued)
8.2 RESOLUTION NO. 8018 RA2100.0 A.1975)
A Resolution of the City Council of the City of Orange consenting to approving the
purchase by the Orange Redeveloprnent Agency of property located at 4649 East
Walnut Avenue and the execution of an agreement for sale of property, leases and
related documents pertaining to said property.
FISCAL IMPACT: $414,000 in additional appropriations in Fund 923, Southwest
Redevelopment Project Area Taxable Housing Set-Aside
Fund.
MOTION
SECOND
AYES Barrera
Spurgeon
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 8018 as introduced be adopted and same was passed and adopted by
the preceding vote.8.
3 RESOLUTION NO. 8019 C2300.IQueen Anne)A
Resolution of the City Council of the City of Orange denying a variance to allow less than
code required street sideyard building setback and code required vehicular backup
distance, upon property situated at 222 East La Veta Avenue Variance
1929-92
Applicant: Queen Anne House, Old Towne Preservation Association
The following people spoke:
Donald A. LeJeune, 440 W. Main St., Tustin 92680. Mr. Le Jeune is interested in moving
the Queen Anne House to Tustin. The Director of Economic Development will get in
touch with him.
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Coontz, Spurgeon ABSTAINED - Mayor Beyer
That Resolution No. 8019
as introduced be adopted and same was passed and adopted by the preceding vote.
NOTE: Mayor Beyer abstained
from participation in the decision on Resolution Nos.8019 and 8020 because
he owns property within 300 feet of the site in question.PAGE 7 I
CITY COUNCIL MINUTES June 9, 1992
8. LEGAL AFFAIRS (Continued)
8.4 RESOLUTION NO. 8020 C2300.I Queen Anne)
A Resolution of the City Council of the City of Orange denying a Conditional Use
Permit to allow the move-on of an existing structure upon property situated at 222
East La Veta
Avenue.Conditional Use Permit
1974-92 Applicant: Queen Anne House, Old Towne
Preservation Association MOTION -
Spurgeon SECOND - Barrera
AYES - Steiner, Barrera, Coontz, Spurgeon ABSTAINED -
Mayor Beyer That Resolution
No. 8020 as introduced be adopted and same was passed and adopted by the
preceding vote.8.5
RESOLUTIONNO. 8021 C2500D.5)AResolution
of the City Council of the City of Orange commending Rt. Rev. Msgr.John F.
Sammon, P.A. upon this 50th year of priesthood.MOTION SECOND
AYES
Barrera
Spurgeon
Steiner, Barrera,
Mayor
Beyer, Coontz, Spurgeon That Resolution No. 8021
as introduced be adopted and same was passed and adopted by the preceding vote.
8.6 RESOLUTION NO.
8022 54000.5.4)A Resolutionofthe
City Council of the City of Orange giving notice of the intent to vacate and abandon portions
of the right-of-way easement, former Chapman Avenue,County Park
Road and Santiago Canyon Road between the current alignments of Santiago Canyon
Road, Newport Boulevard, Chapman Avenue and Jamboree.MOTION SECOND
AYES
Steiner
Coontz
Steiner, Barrera,
Mayor
Beyer, Coontz, Spurgeon That Resolution No. 8022
as introduced be adopted and same was passed and adopted by the preceding vote.
PAGES
CITY COUNCIL MINUTES June 9, 1992
8. LEGAL AFFAIRS (Continued)
8.7 RESOLUTION NO. 8023 A2100.0 A.1852)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement, Bid No. 912-
1 FISCAL IMPACT: $335,046.00 budgeted in Restricted Public Works
Capital Improvement
Funds.
MOTION
SECOND
AYES
Coontz Steiner
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 8023 as introduced be adopted and same was passed and adopted by
the preceding vote.8.
8 RESOLUTION NO. 8024 54000.5.3.5)A
Resolution of the City Council of the City of Orange commending and congratulating Ann
Moulds for being named Crossing Guard of the Year, 1991-1992.
MOTION
SECOND
AYES
Coontz Spurgeon
Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 8024 as introduced be adopted and same was passed and adopted by the
preceding vote.8.9
RESOLUTION NO. 8026 C2500.C)A Resolution
of the City Council of the City of Orange recognizing Marilyn J. Jensen,City Clerk,
receiving the City Clerk's Association of California President's Award of Distinction in
the category of Records Management at their Annual Conference on Apri!30,
1992.MOTION SECOND
AYES
Mayor
Beyer
Coontz Steiner, Barrera,
Mayor
Beyer, Coontz, Spurgeon That Resolution No. 8026
as introduced be adopted and same was passed and adopted by the preceding vote.
PAGE 9
CITY COUNCIL MINUTES June 9, 1992
8. LEGAL AFFAIRS (Continued)
8.10 RESOLUTION NO. 8027 A2100.0 A.1968)
A Resolution of the City Council of the City of Orange authorizing the execution of a
cooperative agreement with the Orange Redevelopment Agency relating to public
improvements - ornamental street lighting on Glassell Street from Culver Avenue to La Veta
Avenue.FISCAL
IMPACT: $31,000.00 transfer from projects budgeted in Fund 254.Transportation
System Improvement Program Area B Fees; $5,224.00 transfer from a project
budgeted in Fund 251, Traffic Safety Fund; and $31,000.00 budgeted in Fund 920,
Southwest Redevelopment Project Area Tax Exempt Funds.MOTION
SECOND
AYES
Steiner
Spurgeon Steiner,
Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No.
8027 as introduced be adopted and same was passed and adopted by the preceding
vote.ltlt******9. RECESS
TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL
PRESENTATIONS -
None 11. RECESS The City
Council recessed
at 3:55 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.
Steven D. Wymer, et al. U.S. Dist. Ct. Case No. 92 2141 SVW.City of Orange
vs.
County of Orange, Org. Cty. Sup. Ct. Case No. 68 1889.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).PAGE 10
CITY COUNCIL MINUTES June 9, 1992
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 - Given by Taft L. Mitchell, Senior Minister, North Orange Christian Church.
12.1
PLEDGE OF ALLEGIANCE TO THE FLAG 12.2
ANNOUNCEMENTS 12.3
INTRODUCTIONS 12.4
PROCLAMATIONS 12.5
PRESENTATIONS New Planning
Commissioner Teresa Smith was sworn in, and appointments of Michael Alvarez and
Mark Murphy were confirmed.Resolution No.
8026 was presented to Marilyn J. Jensen, City Clerk.PAGE 11
CITY COUNCIL MINUTES June 9, 1992
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT 2-92, ZONE CHANGE
1150-92,CONDITIONAL USE PERMIT 1960-92, ADMINISTRATIVE
ADJUSTMENT NO. 92-9,ORANGE HOUSING DEVELOPMENT CORPORATION:Tape 1796(
C2300.E GPA 2-92)Time set for a public hearing on petition
by the Orange Housing Development Corporation to consider a project consisting of
the following requests which will facilitate development of a 2-story, 15 unit
senior citizen's housing project. Subject property is located on the northeast corner of
Almond A venue and Pixley Street.1) Amendment to the Land Use Element of the City's
General Plan to change the land use designation of the property from
Industrial to Medium Density
Residential (15-24 dwelling units per acre);2) Zone Change 1150-92 to change the
zoning classification of a portion of the property from M-l (Light
Manufacturing District) to R-3 (Residential - Multiple Family District);3) Conditional Use Permit
1960-92 to allowa senior citizen housing development in accordance
with Chapter 17.35 of the Orange Municipal Code; and 4) Administrative Adjustment
Permit 92-9 to allow a 4-foot encroachment
of a porch cover into the code required front yard setback
area.NOTE: Negative Declaration
1405-92 has been prepared to address the environmental
impacts of this project.Linda Boone, Executive Director, Orange Housing
Development Corporation, spoke representing the Applicant,
in favor of approval of the project.MAYOR BEYER
OPENED THE PUBLIC HEARING.The following people spoke in favor of
the project:Glenn Shemm, owner of property at 606 and
608 W. Almond.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS
CLOSED.Councilman Spurgeon reported that he and Councilwoman Coontz are now
ex officio,non-voting members of the Board of Directors of Orange Housing Development Corporation,
on the advice of Special
Counsel, so
they can
vote issues such as this without a conflict
of interest.MOTION -Coontz SECOND -Spurgeon A YES -Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon CEQA Finding: Moved
to accept
the findings
of the Environmental Review Board to file Negative
Declaration 1405-
CITY COUNCIL MINUTES June 9, 1992
13. PUBLIC HEARINGS (Continued)
Moved to approve General Plan Amendment 2-92 as outlined in Planning
Commission Resolution No.
PC-29-
92.MOTION -
Coontz SECOND -Spurgeon A YES -Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to approve Zone Change No. 1150-92 as
outlined in Planning
Commission Resolution
No. PC-
30-92.MOTION -Coontz SECOND -Spurgeon A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve Conditional Use
Permit No. 1960-92 and Administrative Adjustment 92-9
as
outlined in Planning Commission Resolution No. PC-31-92.Jt.***13.2 1991
UNIFORM FIRE CODE, CITY OF ORANGE: (A2500.0 Fire Code)Time set for a public hearing on
petition by the City of Orange to consider adoption of the 1991 Uniform Fire
Code and the 1992 supplements
with local amendments as the City'
s Official Fire Code.MAYOR BEYER OPENED THE PUBLIC
HEARING.THERE BEING
NO SPEAKERS, THE PUBLIC HEARING WAS CLOSED.ORDINANCE NO. 14-92 An Ordinance ofthe City Council
of the City of Orange amending Chapter 15.32 of the Orange
Municipal Code by adopting the 1991 Edition Uniform Fire
Code with amendments thereto, including
certain appendices,
the 1992
accumulative supplement to said code and standards.MOTION -
Steiner SECOND -Barrera A YES -Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No.
14-92 have amended first reading
waived and
CITY COUNCIL MINUTES June 9, 1992
13. PUBLIC HEARINGS (Continued)
13.3 1991 EDITION OF THE UNIFORM BUILDING CODE AND OTHERS, CITY OF
ORANGE: (A2500.0 Building Code)
Time set for a public hearing on petition by the City of Orange to consider the adoption
of the following:
1991 Edition of the Uniform Bui!ding Code, and Building Standards
1991 Edition of the Uniform Housing Code
1991 Edition of the Uniform Mechanical Code
1991 Edition of the Uniform Plumbing Code
1991 Edition of the Uniform Code for the Abatement of Dangerous Buildings
1990 Edition of the National Electrical Code with certain amendments
MAYOR BEYER OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE PUBLIC HEARING WAS CLOSED.
ORDINANCE NO. 13-
92 An Ordinance of the City Council of the City of Orange amending Chapter 15.04 of
the Orange Municipal Code by adoption of the 1991 edition of the Uniform Bui!ding
Code with certain amendments; amending Chapter 15.08 of the Orange Municipal Code
by adopting the 1991 edition of the Uniform Housing code, with certain
amendments;amending Chapter 15.12 of the Orange Municipal Code by adopting the 1991 edition
of the Uniform Mechanical Code with certain amendments; amending Chapter 15.16
of the Orange Municipal Code by adopting the 1991 edition of the Uniform
Plumbing Code with certain amendments; amending Chapter 15.20 of the Orange
Municipal Code by adopting the 1991 edition of the Uniform Code for Abatement of
Dangerous Buildings with certain amendments; amending Chapter 15.24 of the Orange
Municipal Code by adopting the 1990 edition of the National Electrical Code with
certain
amendments.
MOTION
SECOND
AYES Barrera
Spurgeon
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Ordinance No. 13-92 have amended first reading waived and same was set for
second reading by the preceding vote.
14. PLANNING AND ENVIRONMENT - None PAGE
14
CITY COUNCIL MINUTES June 9, 1992
15. ORAL PRESENTATIONS - None 16.
ADJOURNMENT MOTION
SECOND
AYES
Barrera
Spurgeon Steiner,
Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to adjourn
at 7:40 p.m.1?t.,~) #cG~
MarilynJ. Jen, C .cpt City Clerk PAGE
15