08-11-1992 Council MinutesAPPROVED BY CITY COUNCIL ON AUGUST 25, 1992.
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 11, 1992
The City Council of the City of Orange, California convened on August 11, 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
July 21, 1992 MOTION - Barrera
SECOND - Coontz AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon ACTION: Approved.Regular Meeting July
28, 1992
MOTION - Steiner SECOND - Barrera AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
ACTION: Approved.Adjourned Regular Meeting July 29, 1992
MOTION - Coontz
SECOND - Spurgeon AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
ACTION: Approved.1.
4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None 1.5 PROCLAMATIONS -
None PAGE
1
CITY COUNCIL MINUTES August 11, 1992
2. CONSENT CALENDAR - Tape 58 2.
1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular
meeting of August 11, 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.2.
3Request Council approve a Cooperative Agreement between the State of California and the
City of Orange for the planning and design stages of the Meats Avenue Overcrossing Widening
Project at the Costa Mesa Freeway (SR 55). (A2100.0 AGR-1955)
FISCAL IMPACT: None.
ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.
2.4 Request for consent from legal firm of Best, Best & Krieger to represent Orange Unified
School District in their negotiations with the City. (C2500.B)
FISCAL IMPACT: None.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.5 Claims for damages from: (C3200.0)
Mrs. Bernell Henderson
Matthew Paul, et al.
FISCAL IMPACT: None.
MOTION - Barrera SECOND -
Steiner AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Denied claims
and referred to City Attorney and Adjuster.PAGE 2
CITY COUNCIL MINUTES August 11, 1992
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.6 Request the Council by motion, decrease the expenditure budget for the General Fund 100
and increase the budget for the Asset Seizure Fund 355 in the amount of $72,008.67 for
the transfer of a Detective position to the Orange County Regional Narcotics Suppression
Program. (C25oo.K)
FISCAL IMPACT: The General Fund will save $72,008.67.
MOTION - Spurgeon SECOND -
Steiner AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.2.
7 Request
Council authorize the Agency Board of Directors to approve a letter of financial support to the
State Tax Credit AIlocation Committee (TCAC) for the OHDC Walnut-Pixley project. (RA2100.
0 AGR-1924)FISCAL IMPACT:
None.ACTION: Approved.
2.8
Request by County of Orange for placement ofa banner at location #5 in the Orange Plaza area to
advertise 95th anniversary celebration ofIrvine Regional Park on October 4, 1992,and waive
banner installation fee. (p13oo.0.9)FISCAL IMPACT:
None.ACTION: Approved.
2.9
Designate Mayor Pro Tem Fred Barrera as the Voting Delegate for the League of California Cities
Annual Conference, October 10-13, 1992, with Councilman Bill Steiner as
the alternate. (ORI8oo.0.12)FISCAL
IMPACT: None.ACTION:
Approved.2.
10 Request from County of Orange to waive 60-day notice requirement to use donated space
at the Orange Senior Citizens Center at 170 South Olive for the County Health Care
Agency's Elder Care Program. (If approved, adopt Resolution No. 8064, Legal Affairs
Item 8.11.) (A2100.0 AGR-
1996)FISCAL IMPACT:
None.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES August 11, 1992
2. CONSENT CALENDAR (Continued)
2.11 Request Council relinquish access rights along Chapman Avenue within Tract No. 12417 -AIbertson'
s. (S4000.S.3.3)ACTION:
Authorized curb cut at approved location. Recordable agreement to be used to
document the Applicant's acceptance of the recommendations.MOTION
SECOND
AYES
Steiner
Coontz Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon Items 2.5 and
2.6 were removed and heard separately. AIl other items on the Consent Calendar were approved/denied as
recommended.ENDOF CONSENT CALENDAR
3. REPORTS FROM MAYOR
BEYER NON-AGENDA ITEM:Mayor
Beyer reported
Staff has been asked to plan budget reductions. Full time employees are being
asked to help reduce payroll costs by 10"10. He askedCouncilmembers to lead by example
and voluntarily cut their salaries by 10"10. (C2500.D)Councilwoman Coontz felt
that greater savings could be felt by strictly adhering to budget policies already in
place. Council has a special activities expense account, which should also be examined. Councilman Steiner
mentioned this reimbursement account has about $1,600 per Councilmember per year.
Any furlough program will have to be negotiated with the employees.Richard A. Brown,
830 N. Ross, Santa Ana, Staff member for the Orange County Employees Association, which represents
several bargaining units in the City of Orange, addressed the Council. He was
disturbed that the Personnel Director felt the City has the unilateral authority to take these actions.
He assumed the City would be contacting the Employees Association to commence negotiations on
these items. The City Manager clarified it was not the City's intent to take any unilateral
action on this item.MOTION SECOND AYES
Coontz
Spurgeon
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon Moved to agendize the matter of
the 10"10 reduction in Council stipend forAugust 18, 1992.4. REPORTS FROM COUNCILMEMBERS - None 5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -
None PAGE 4
CITY COUNCIL MINUTES August 11, 1992
6. ADMINISTRATIVE REPORTS - None 7.
REPORTS FROM CITY MANAGER - None 8. LEGAL
AFFAIRS - Tape 664 8.1 ORDINANCE
NO. 17-92 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. (C2500.F)MOTION SECOND
AYES
Coontz
Spurgeon
Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon That Ordinance No. 17-
92 have second reading waived and be adopted and same was passed and adopted by the
preceding vote.8.2 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 SECOND
AYES
Barrera
Coontz
Steiner, Barrera,
Mayor Beyer,
Coontz, Spurgeon That Ordinance No. 20-92
have second reading waived and be adopted and same was passed and adopted by the preceding
vote.8.3 ORDINANCE NO.
21-92 An Ordinance of
the City Council of the City of Orange adding a new chapter 2.80 to the Orange Municipal Code providing
for enforcement of the Orange Municipal Code by designated City employees and establishing
a reinspection fee to be charged violators who fail or refuse to correct violations of said
code. (A2500.0 Code Enforcement)MOTION SECOND AYES
Steiner
Barrera
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon That Ordinance No. 21-92 have
first reading waived and same was set for second reading by the preceding vote.PAGE 5
CITY COUNCIL MINUTES August 11, 1992
8. LEGAL AFFAIRS (Continued)
8.4 ORDINANCE NO. 22-
92 An Ordinance of the City Council of the City of Orange amending Title 17 of the
Orange Municipal Code to 8l10w Mobile Hot Dog Vending Carts as an accessory use in the C-
l zone,subject to a Conditional Use Permit. (A2500.0 Mobile
Food
Handling)
MOTION
SECOND AYES
Barrera Spurgeon
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Ordinance No. 22-92 have first reading waived and same was set for second reading by the
preceding vote.
8.5 ORDINANCE NO. 23-
92 An Ordinance of the City Council of the City of Orange amending Orange Municipal
Code Section 12.65.020 by adding the area described as north and southbound Glassell Street
between Katella and Meats and east and westbound Taft Avenue between Shaffer and Batavia to
the district contained in that section prohibiting solicitation of employment. A25oo.0 Day
Laborers)
MOTION
SECOND
AYES Coontz
Barrera Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 23-92 have first reading waived and same was set for second reading by the preceding
vote.8.
6 RESOLUTION NO. 8059 A
Resolution of the City Council of the City of Orange commending and congratulating Pierce Lyden
for being the 1992 recipient of the "Golden Boot" award and declaring the 15th of August,1992
as Pierce Lyden Day in the City of Orange. (C25oo.D.5)MOTION
SECOND
AYES
Barrera
Steiner Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon That Resolution No. 8059
as introduced be adopted and same was passed and adopted by the preceding vote.8.7
RESOLUTION NO.
8060 A Resolution of the
City Council of the City of Orange ordering territory designated as Annexation No. 395 (Glen
Arran) annexed to the City of Orange. (A3100.0 ANX-395)MOTION SECOND Spurgeon
Barrera
PAGEl
CITY COUNCIL MINUTES August 11, 1992
8. LEGAL AFFAIRS (Continued)
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 8060 as introduced be adopted and same was passed and adopted by the preceding
vote.8.
8 RESOLUTION NO. 8061 A
Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 92-3
adjusting a lot line of certain property situated at 1065 and 1067 North Granada Drive.
C2500.M.16.1 LLA-
92-
3)
MOTION
SECOND AYES
Coontz Spurgeon
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Resolution No. 8061 as introduced be adopted and same was passed and adopted by the
preceding vote.
8.9 RESOLUTION NO. 8062
A Resolution of the City Council of the City of Orange amending Section 10.30.040A of the
Orange Municipal Code to add to Area "A" of the Neighborhood Parking Permit Program certain
segments of Maple Ave., and Orange St. (A25oo.0 Parking-Neighborhood
Permit)
MOTION
SECOND
AYES Steiner
Spurgeon Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 8062 as introduced be adopted and same was passed and adopted by the preceding vote.
8.10
RESOLUTION NO. 8063 A Resolution
of the City Council of the City of Orange approving formation of, and membership by the
City of Orange in, the Local Medical Facilities Financing Authority IV and the execution of Joint Exercise
of Powers Agreement relating to the authority. (A21oo.0 AGR-1997)MOTION
SECOND
AYES
Steiner
Barrera Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon That Resolution No. 8063
as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 7
CITY COUNCIL MINUTES August 11, 1992
8. LEGAL AFFAIRS (Continued)
8.11 RESOLUTION NO. 8064
A Resolution of the City Council of the City of Orange waiving 6O-day notice requirement for
the County of Orange to use space in an existing building at 170 South Olive, pursuant
to Government Code Section 25351(d). (See Consent Calendar Item 2.10.) (A21oo.0
AGR-
1996)
MOTION
SECOND AYES
Spurgeon Barrera
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 8064 as introduced be adopted and same was passed and adopted by the preceding
vote.IcAA*
IIll***9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Noise
and encroachment problem: Kerry Schuh, 225 S. Grand Street, requested the Council have
Staff take care ofa problem she has with the Community Services trailer. The generator from
the air conditioning causes too much noise and disturbs her sleep and quality oflife. She reports
the trailer is too close to her lot line as well. Council directed the City Manager to prepare
a report on this subject for Council agenda next week. (R1200.0)Pearl
Waddell, 304 E. AImond #3, also requested Council solve the noise problem, caused by the air
conditioning unit in the Community Services Department trailer.A******
A 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. United States District Court Case No.922141
SVW.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.PAGEl
CITY COUNCIL MINUTES August 11, 1992
11. RECESS (Continued)
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.
The City Attorney announced Council would also be discussing City of Orange vs.
Crawford Hills, Orange County Superior Court Case 68 09 09.
7:00 P.M. SESSION
12. INVOCATION
Given by Pastor Stephen Janssen, First Presbyterian Church of Orange.
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 13.
1 PROTEST HEARING
FOR ANNEXATION NO. 400 ACRE PLACElMEADS:The protest hearing for
Annexation No. 400, Acre Place/Meads, as directed by the Local Agency Formation Commission on June
3, 1992 has been continued from July 14, 1992 to this time.Proceedings for the annexation
were initiated by a registered voter petition for four parcels.LAFCO added the remainder
of the Acre Place parcels to the annexation area for a total often parcels. The location of
the subject territory is easterly of Meads Avenue in the Orange Park Acre area. (A3100.0ANX-
400)Tape-1490 MAYOR BEYER
OPENED THE PUBLIC HEARING.The following
people spoke:Norman Brock,
10351 Acre Place. Mr. Brock requested another continuance, for the reason they are trying
to get bids on bringing the private street up to City standard.PAGEt T------
CITY COUNCIL MINUTES August 11, 1992
13. PUBLIC HEARINGS (Continued)
Bob Bennyhoff, 10642 Morada Drive, agreed Council should give him any additonal time
required. He felt the way this was handled would have an affect on the potential annexation of
Orange Park Acres into the City.
The Director of Public Works agreed extra time was needed for the Street Department Manager
to talk with the residents about what needs to be done to bring the street up to standard.
THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.
MOTION
SECOND
AYES
Barrera Spurgeon
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to continue
this hearing to September 8. 1992.A.*13.2
APPLICATION
TO OPERATE A TAXI BUSINESS, A-AAA YELLOW CAB, INC.:Time set
for a public hearing on petition by the A-AAA Yellow Cab, Inc. to request consideration of
an application to operate a taxi business in the City of Orange. (p1300.0.4) Tape 2118 The
Revenue Manager reported in January, 1989 Council denied an application for additional taxi service.
Since that time, the City Clerk and the Finance Department Business License Division have
not had any complaints about the level of taxicab service in the City of Orange.MAYOR
BEYER OPENED THE PUBLIC HEARING.The
following people spoke in favor of approval:Mike
Casey, General Manager A-AAA Yellow Cab.
The following people spoke in opposition:
Larry Slagle, 1619 E. Lincoln, Anaheim, President Yellow Cab Company of Northern Orange
County.
THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.
MOTION
SECOND
AYES
Spurgeon Coontz
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to deny
the application.A.**".PAGE 10
CITY COUNCIL MINUTES August 11, 1992
14. PLANNING AND ENVIRONMENT
14.1 Status report from the Director of Community Services regarding landscape maintenance
problems for Landscape Maintenance Assessment District 82-1 located westerly of Meats
Avenue in the vicinity ofMarywood and Shadowridge St. (Continued from6/23/92 and 7/28/
92.)TlI00.0.0 TAD-82-
1)
Tape
2650
MOTION SECOND
AYES Barrera
Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
Moved to direct Staff to implement the landscape improvements of the short term plan for
Landscape Maintenance Assessment District 82-1 (Shadow
Ridge).15. ORAL
PRESENTATIONS Anti-Abortion brochure: Susan Guilford, 3046 E. Gainsborough, addressed
the Council regarding an anti-abortion brochure left on her doorstep Saturday morning
which she found extremely offensive. She asked if anything could be done about this, since it could
be a problem in the
hands of children.The City Attorney did not think there was a City ordinance covering this, but there may
be a State Code covering distribution of
material to minors.Janelle Chu, 12692 Dunas, Santa Ana, expressed the same concern. She
was concerned about young children seeing this material, because of the offensive pictures. She reported
this to the Board of Supervisors. Their office was going to report this to the State. It
is a non-profit organization, and if enough complaints were registered against this
type ofliterature, their non-profit
status may be reviewed.AIice Clark, 205 N. Pine Street, agreed with the offensive nature of this
literature and asked for an address
to write
expressing
disapproval.
16.
ADJOURNMENT MOTION
SECOND AYES
Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon Moved to adjourn at 8:00 p.
m.nAt6r~~~Marilyn 1. Jens , C. .
C City
Clerk PAGE