07-28-1992 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
JULY 28, 1992
The City Council of the City of Orange, California convened on July 28, 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
APPROV AL OF MINUTES Regular Meeting,
July 14, 1992 MOTION - Barrera
SECOND - Coontz A
YES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon ACTION: Approved.1.4 PRESENTATIONS/
ANNOUNCEMENTS/ INTRODUCTIONS
Presented Resolution No. 8054 to
Elwood I. Hayes of the Water Department,commending him for more than
thirty-one years of loyal and dedicated service to the City of Orange.1.
5 PROCLAMA nONS -
None 2.CONSENT CALENDAR TAPE 170
2.1 Declaration of City
Clerk Marilyn J. Jensen declaring posting of City Council agenda ofa regular meeting of July
28,1992, 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.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.
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CITY COUNCIL MINUTES JULY 28, 1992
2. CONSENT CALENDAR (Continned)
REMOVED AND HEARD SEPARATELY)
2.3 Approve a Subscription Agreement with the Orange County-City Hazardous
Materials Emergency Response Authority in the amount of $24,034.00. (A2100.0.Agr 1246.
A)FISCAL IMPACT: Sufficient funds in the amount of $30,000.00 are in Fund
131 Emergency
Reserve).MOTION - Spurgeon
SECOND - Mayor Beyer A
YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Authorized
the Mayor and City Clerk to execute on behalf of the City.2.4
Requestfrom the Fountain Care Center, 1835 W. La Veta Avenue, to hold a Community Carnival
Fundraiser," on August 22, 1992 from 10:00 A.M. to 5:00 P.M.,
and waive the Business License fees. (P\300.0.9)FISCAL IMPACT:
The Business License Fees total $52.00.ACTION: Approved,
subject to staff stipulations.2.5
Request for the renewal of the annual contract for Employee Assistance Services provided by
LifePlus Foundation through "Resources for Employee Assistance and Comprehensive Health" (
REACH) Program. (A2100.0.Agr 1823.A)FISCAL IMPACT $
24,000.00 budgeted in Fund 100-1401-426700 (Other
Professional and Consulting Services)
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.
2.6 Request authorization to approve a low interest loan, and authorize the City Treasurer
to prepare a check in the amount of $ \3,000.00, Case No. 528. (C2500.G.l.1)
FISCAL IMPACT: $\3,000.00 budgeted in Fund 316, Security Pacific Subsidy
Expense.
ACTION: Approved.
2.7 Claim for damages from: Rudy Munoz
C3200.0)
ACTION: Denied claim and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES JULY 28, 1992
2. CONSENT CALENDAR (Continued)
MOTION - Coontz SECOND -
Barrera A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Item 2.3
was 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 267 3.1 It
is recommended that the Council:I) Accept the
financial audit report from KPMP Peat Marwick and the legal audit report from Phillips,
Haglund, Haddan and Jeffers to complete the review of the City Treasury operations and
investment policies, and 2) Direct staff
to prepare a Statement of Investment Policy, ordinances and resolutions which incorporate all
of the pertinent recommendations of the legal and financial audits, continued from
July ]4, and 21,1992 Council meetings.(C2500.F)Councilwoman Coontz commented
the reports, as presented, are very thorough and indicate a great
deal more control. Councilman Steiner commented, since his absence from last Council
meeting, he has read all the reports and supports staff's recommendations.MOTION - Steiner
SECOND -
Coontz A YES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to accept the financial audit
report of Peat Marwick, and the legal audit report of Phillips, Haglund. Haddan and Jeffers
to complete the review of the City Treasury operations.ORDINANCE NO. 17-92 (FIRST
READING)
An Ordinance of the City
Council of the City of Orange establishing an Investment Advisory Committee and setting forth
the duties and responsibilities of the Treasurer and the Finance Director as
to investments of City funds.PAGE 3
CITY COUNCIL MINUTES JULY 28, 1992
3. REPORTS FROM MAYOR BEYER (Continued)
MOTION - Spurgeon SECOND -
Coontz A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No.
17-92 have first reading waived and same was set for second reading by
the preceding vote.RESOLUTION NO.
8051 A Resolution
of the City Council of the City of Orange adopting a Statement of Investment Policy
for investment of City Funds.MOTION - Barrera
SECOND - Steiner A
YES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No. 8051 as
introduced be adopted and same was passed and adopted by the preceding vote.4.
REPORTS FROM COUNCILMEMBERS TAPE
343 4.1 Report from Councilwoman
Coontz and Councilman Steiner regarding the proposed Reinspection Program (Continued from 7114/
92) (A2500.0-Housing)Councilwoman Coontz reported this
first began with the residential overcrowding study and this program will
help address some of those impacts. Staff is proposing a $40.00 fee for a third
and all additional inspections conducted on any property. Councilman Steiner remarked this program
will focus on repeat violators. The Apartment Association of Orange County
concurs with this recommended fee.Mayor pro tem Barrera
requested frequent progress reports.Bob Bennyhoff, 10642 Morada
Dr. questioned the procedures.MOTION - Barrera SECOND - Coontz
A YES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to adopt the Code Enforcement Inspection
Fee Program for the City of Orange to be utilized in situations where enforcement
staff is required to complete three or more inspections on property in violation of
the Orange Municipal Code.PAGE 4
CITY COUNCIL MINUTES JULY 2S, 1992
OFF AGENDA ITEM
Councilman Spurgeon requested staff report to Council on August 11, 1992 concerning
the City's attempts and plans to comply with the new ADA regulations, the American
Disability Act.
Mayor Beyer asked the Assistant City Manager to have staff comply with Councilman
Spurgeon's request.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
TAPE 660
5.1 Recommendation by Mayor Beyer to form a Committee for Attracting and Retaining
Large and Small Businesses in Orange with representatives as follows, terms to
expire 7/31/94: (Continued from 7114/92) (ORlS00.0.17.1)
Mayor Beyer
Councilman Spurgeon
Representatives from the Chamber of Commerce
One or two Community members to be named
MOTION - Mayor Beyer SECOND -
Barrera A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to remove
this item from the Agenda. The Chamber of Commerce already has a similar existing
committee.5.2 Reappointment
of Carolyn V. Cavecche by Mayor Beyer to the Community Video Advisory Board, term
to expire 7/31/94. (ORISOO.0.2S)MOTION - Mayor Beyer
SECOND - Barrera A YES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Approved the reappointment of Carolyn V.
Cavecche.5.3 Reinstate the Orange County
Housing Authority (OCHA) Advisory Committee and appoint Darlene R. Chandler as the
official City Representative, with Mary Ellen Laster as the alternate for a
2-year term, expiring 6/30/94. (OR1S00.0.3.2)PAGE 5
CITY COUNCIL MINUTES JULY 28,1992
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Coontz SECOND -
Spurgeon A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Approved the reinstatement
of the Orange County Housing Authority Advisory Committee and appointments
as listed.5.4 Reappointment
ofMartha McEwan by Mayor Beyer to the Orange Public Library Board of Trustees (
Term to expire 6/30/95). (C2500.I.l)MOTION - Mayor Beyer
SECOND - Barrera A YES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Approved the reappointment of Martha McEwan
as listed.OFF AGENDA ITEM:Mayor Beyer announced
he, Mayor pro
tern Barrera and Mrs. Barrera travelled to Los Angeles and rode on the Metro
Link Train, which is the train that will be stopping in Orange in the near future.6.
ADMINISTRATIVE REPORTS - None 7.REPORTS
FROM CITY MANAGER TAPE 814
7.1 Request from the Olive Crest
Treatment Center for abused children for the City of Orange to become a party to a
Joint Powers Agreement for the purpose of financing a project known as the "Local Medical Facilities
Financing Authority III." (Continued from 7/21/92) (C2500J.I)The
City Attorneycommented the tinancial exposure
to the City would be very remote under the conditions set forth in the
project, and further explained the conditions that guarantee the bonds. If Council approves the
request, a resolution will be presented at the August I I, 1992 Council meeting
for participation in the joint powers authority.Beverly Nestande, 1800 E. Heim Ave., Orange,
representing Olive Crest thanked Council for their support.PAGE 6
CITY COUNCIL MINUTES JULY 28,1992
7. REPORTS FROM CITY MANAGER (Continued)
MOTION - Spurgeon SECOND -
Barrera A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve
the request.URGENT ITEM Mayor
Beyer indicated
the request for a License Agreement to place a trailer on the Albertson's property
at Chapman and Prospect has been recommended by the City's Task Force to
help solve problems in the area.MOTION - Mayor Beyer
SECOND - Barrera A YES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved that the need for approval
of a license agreement arose after the posting of the Agenda.MOTION - Mayor Beyer SECOND - Barrera
A
YES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
Moved to approve the license agreement with Albertson's
Inc., appropriating 4,526.00 from the General Fund, and authorize
the Mayor and City Clerk to execute the agreement on behalf of the City.Council members
requested a report from the Police Chief
as to the success of this project, how the trailer will be used, and progress
reports. It was noted the trailer can be moved from site to site depending on the
area and problems.8.LEGAL AFFAIRS 1315 8.1 ORDINANCE NO. 18-
92 An Ordinance of
the City Council of the
City of Orange adding new Chapter 2.10 to Title 2 of the Orange Municipal Code relating
to campaign reform. (A2500.0)MOTION - Spurgeon SECOND - Barrera A YES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon PAGE 7
CITY COUNCIL MINUTES JULY 28, 1992
8. LEGAL AFFAIRS (Continued)
That Ordinance No. 18-92 have seconding reading waived and same was passed
and adopted by the preceding
vote.8.2 ORDINANCE NO.
19-92 An Ordinance of the City Council of the City of Orange repealingChapter 12.
48 of Title 12 of the Orange Municipal Code and adding completely revisedChapter 12.
48 to Title 12 pertaining to park regulations. (
A2500.0-Parks)Discussion: The City Attorney reported there is a provision in
the Ordinance that states, in effect, this ordinance will become effective October 27, 1992,
which is 90 days from today's date. Mayor Beyer reiterated the 90 days can always
be extended if another site
is not found.
MOTION - Coontz SECOND -
Steiner A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Ordinance No. 19-92 have second reading waived and same was passed
and adopted by the preceding
vote.8.3 ORDINANCE NO.
20-92 An Ordinance of the City Council of the City of Orange amending
Municipal Code Sections pertaining to condominium projects and establishing a minimum
number of units for condominium developments and conversions. (A2500.
0 Condominiums)MOTION -
Coontz SECOND - Spurgeon
A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Ordinance No. 20-92 have tirst reading waived and same was set for second
reading by the preceding vote.
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS - None PAGE
8
CITY COUNCIL MINUTES JULY 28, 1992
11. RECESS
The City Council recessed at 4:05 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. United States Dish'iet Court Case No. 92
2141 SVW.
Serrano liTigation District vs. City of Orange, District Comi of Appeal for the Fourth
District, Case GOII667.
City of Ol'ange Administmtive Complaint against Sen'ano In'igation District, in regard
to the license nllmbel's 2347,2348 and 2349, and Permit No. 19036.
City of Omnge vs. Crawford Hills Associates, Orange County Superior Court Case No.
680909.
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 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
Pastor David Daniel, Calvary Chapel
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS
Mayor Beyer announced the City Council attended a press conference at the Doubletree
Hotel, between sessions, regarding the Business Retention Plan from the Chamber of
Commerce.
12.3 INTRODUCTIONS - None 12.
4 PROCLAMA TIONS - None 12.5
PRESENTATIONS - None PAGE 9
CITY COUNCIL MINUTES JULY 28,1992
13. PUBLIC HEARINGS TAPE 1711
13.1 APPEAL NO. 401, VARIANCE NO. 1932-92, BEAM AND ASSOCIATES
FOR ST. JOSEPH HOSPITAL: (MOOO.
O)Time set for a public hearing on petition by Beam and Associates for St. Joseph Hospital
to appeal the decision by the Zoning Administrator on June 4, 1992 denying Variance No.
1932-92, a request to erect three (3) freestanding signs along the front of the newly constructed
St.Joseph Medical Plaza office complex. The Variance application is to allow more than one (
1)freestanding sign along the property street frontage. The property is currently zoned
C-l Limited Business District) and is located at 1140 West La
Veta Avenue.NOTE: This project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) per State CEQA Guidelines,
Section 15303.APPLICANT STATES THE FOLLOWING REASONS FOR
THE APPEAL:St. Joseph Medical Plaza is not a typical medical office building in that the first
three floors are an ambulatory care center which is an adjunct of the hospitaland wi\l have
two magnetic resonance imaging machines (MRI). Previously this kind of facility would be referred to
as an outpatient clinic. In addition, there will be several specialized group medical
practices located on the top five floors. These include The Breast Care Center and The
Orthopaedic Surgery Medical Group. It is important to have signage that will prevent confusion in the
patient's mind as to the location of these essential hospital services that are not on the main
campus and whose parking is behind the building. Otherwise, unnecessary traffic will be generated
in this already
busy area."MA YOR BEYER OPENED THE
PUBLIC HEARING.Robin Ravgiala, representing St. Joseph's Hospital, 1100 W. Steward Dr., Orange,
spoke in favor of the appeal, and explained the dimensions and contents of
the signs.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED
THE
PUBLIC
HEARING.
MOTION
SECOND AYES
Spurgeon Barrera
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon CEQA
Finding: Moved that this project is categorically exempt from the provisions of the California
Environmental Quality Act per State CEQA Guidelines, Section 15303.MOTION
SECOND
AYES
Spurgeon
Steiner Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to sustain the
appeal.PAGE 10
CITY COUNCIL MINUTES JULY 28, 1992
13.2 PUBLIC HEARINGS (Continued)
TAPE 2017
13.2 ORDINANCE AMENDMENT 2-92, MOBILE FOOD VENDING
CARTS,CITY OF ORANGE: (A2500.0 Mobile Food
Handling)Time set for a public hearing on petition by the City of Orange to consider
Ordinance Amendment 2-92, a proposed amendment to those sections of the Zoning Ordinance (
Title 17)of the Orange Municipal Code) adding mobile food vending carts to the listing
of allowable uses in the OP, C-I, C-TR, M-l and M-
2 zones and/or other districts.NOTE: This project is categorically exempt
from the provisions of the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15303.
MAYOR BEYER OPENED THE
PUBLIC HEARING.The following people spoke:Ed Dart, 1011 W. Taft, requested the signage be limited to the
size of the cart, and
is opposed to the CUP process.Lois Barke, 2022 Spruce, in favor of the CUP process,
to look at each location separately Herb Barke, 2022 Spruce, commented it is unfair to
sandwich shops already in these areas.Bob Bennyhoff, 10642 Morada Dr., commented in
favor of retaining the CUP process.Jenny Lin, 526 W. Katella, felt the hot dog
carts would interfere with established businesses.THERE BEING NO FURTHER
SPEAKERS,
MAYOR
BEYER
CLOSED
THE PUBLIC
HEARING.MOTION
SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon CEQA Finding: Moved that this project is categorically exempt from the
provisions of the California Environmental
Quality
Act (
CEQA).
MOTION SECOND
AYES Coontz
Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
Moved to adopt Ordinance Amendment No. 2-92 as outlined by the Planning Commission
in Resolution No. PC-36-92, with the inclusion of a statement that this is to be looked
upon as an accessory use, and the conditional use permit be reviewed at the end
of
CITY COUNCIL MINUTES JULY 28, 1992
14. PLANNING AND ENVIRONMENT TAPE 2761
14.1 Status Report from the Director of Community Services regarding landscape
maintenance problems for Landscape Maintenance Assessment District 82-11ocated
westerly of Meats Avenue in the vicinity of Marywood and Shadowridge St. (Continued from6/23/
92)
MOTION
SECOND
AYES Spurgeon
Barrera Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to
continue this item to August 11, 1992, as requested by staff.15. ORAL
PRESENT A TlONS - None 16. ADJOURNMENT MOTION
SECOND AYES
Barrera
Steiner
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon The City Council adjourned at 7:
45 P.M. to ajoint Adjourned Regular Meeting with the Planning Commission and the Parks and
Recreation Commission on July 29, 1992 in the Weimer Room from 4:30 to
5:30 P.M. to discuss the proposed Recreational Trails Master Plan; and to August 10, 1992
at 4:00 P.M. at the Emergency Operating Center to discuss the Emergency Operating Plan.Redevelopment Agency will
adjourn to an
Adjourned Regular Meeting, August 5, 1992 in the Orange Economic Development conference Room at
3:30 P.M to discuss economic procedures and projects.1Jt~y,J/~~4fPAV
MARILYN . JE '
N C, CITY CLERK
PAGE 12