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09-15-1992 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA September 15, 1992 The City Council of the City of Orange, California convened on September 15, 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 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Keith Regan, new Executive Director of the Orange Elderly Services Center was introduced by Gary Wann, Director of Community Services.1.5 PROCLAMATIONS - None.2. CONSENT CALENDAR - Tape 1-105 2.1 Declaration ofCity Clerk Marilyn 1. Jensen declaring posting of City Council agenda ofa regular meeting of September 15, 1992, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all ofsaid 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 Request Council authorization to use the area in front of City Hall on Sunday, October 25,1992 from 8: 00 A.M. to Noon for "Just Say No to Drugs," Red Ribbon Weekkickoff.C2500.N)FISCAL IMP ACT: None.ACTION: Approved.REMOVED AND HEARD SEPARATELY.)2.3 Award ofBid No. 923-04 for a five ton truck mounted hydraulic crane to Santa Fe Equipment Company, Santa Fe Springs, in the amount of $34, 196.00; and reject all other bids.PAGE 1 CITY COUNCIL MINUTES September 15, 1992 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: Funds are budgeted in Fund 720-Vehicle Replacement Fund.Speaking in opposition:Robert Meano, 221 Carmen.MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Moved to continue this item to September 22, 1992.2.4 Request Council approve the addendum to the agreement for Provision of Gang Prevention and Suppression Services between the County of Orange and the City of Orange, in an amount not to exceed $31,738.00. (A2100.0 AGR-1853-1) FISCAL IMPACT: Funds are budgeted in Account 100-4001- 426700 (Other Professional and Consulting Services). ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.5 Request to authorize implementation of a Vehicle Release Fee Program. (C2500.1.1. 0.1)FISCAL IMPACT: This program will generate approximately $54,000 yearly revenue.The following people spoke:Robert Meano, 221 Carmen.AIice Clark, 205 N. Pine Street.MOTION - Spurgeon SECOND - Coontz AYES - Steiner, Mayor Beyer, Coontz, Spurgeon NOES - Barrera ACTION: Approved. MOTION SECOND AYES Spurgeon Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Items 2.3 and 2. 5 wereremoved and heard separately. AIl other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 1111..**** PAGE 2 CITY COUNCIL MINUTES September IS, 1992 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS - Tape 1-740 Councilman Spurgeon reminded Council that last week, a proposal by the Police Department to donate two Police patrol cars to our Sister City in Mexico was voted down. Since that time, he has spoken to Frank Greinke, Jr., President of Southern Counties Oil, regarding this issue.Speaking: Frank Greinke, Jr., President of Southern Counties Oil, offered to cover the cost of the vehicles,with the proviso that one car goes to Laredo. He proposed donating one to Queretaro, Mexico,and the other to Laredo, in Baja California.Councilwoman Coontz expressed her feeling that there should be acknowledgement of receipt of these vehicles and that they will be used in the manner reported to Council. In the past, receipt of the vehicles has not been acknowledged by the Sister City. Councilman Spurgeon clarified the price per car was more than originally estimated. The value is about $2,500 per car. Mr. Greinke has agreed to this total.Council directed Staff to agendize this item for Council action for the October 13, 1992 meeting.5. REPORTS FROM BOARDS, COMMITIEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - Tape 1-945 6.1 Status Report by the Traffic Engineer regarding the La Veta Street Widening Project.S4000.S.3. 7)TheCity Traffic Engineer suggested a committee consisting of about 15 people: Mayor's prerogative, or 3 per Councilperson, whatever Council decides. Council may want to seriously consider the election of those people. Council is suggesting a course of action be taken that could impact not only the community in question, but surrounding areas. The Traffic Engineer requested Council approve $ 10,000 for overtime costs related to this study. Council thought this was already budgeted for this fiscal year, and indicated it would be up to the Traffic Engineer to budget for this without an additional allocation. Council asked for a report on October 13, 1992 with a recommendation on the best criteria for selecting the committee members to conduct a traffic study of the area.The following people spoke:Carole Walters, 534 N. Shaffer, felt the committee should be open to the public, and not appointed by the Council.Geneva Fulton, 1801 N. Greenleaf, Santa Ana, urged the widening now.MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon PAGE 3 CITY COUNCIL MINUTES September 15, 1992 6. ADMINISTRATIVE REPORTS (Continued) Moved to have the City Traffic Engineer bring back a schedule and recommendations for a committee and any other information that will help Council move forward on this item. Report to be agendized for October 13, 1992. A***** 7. REPORTS FROM CITY MANAGER - Tape 1-1658 7.1 Relocation of the Community Services trailer. (C25oo.N) MOTION SECOND AYES Mayor Beyer Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to accept the two Staff recommendations regarding the Community Services trailer:1) Short term: Cease usage of trailer air conditioning units.2) Long term: Study possible options and recommend an appropriate long term solution for the entire Community Services staff.NON AGENDA ITEM: MOTION - Steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that the need to take action on the following item arose after the posting of the agenda.7.2 The City Manager reported that in Executive Session on September 8, 1992, Council directed Staff to complete the meet and confer process with all of the non-safety bargaining groups concerning a proposal to furlough employees 8 hours every two weeks. The projected cost savings is $1.3 million for the remainderof this fiscal year. Council has earlier authorized the offering of an Early Retirement Program. This will be agendized for Council action on September 22, 1992. (C25OO.J.4) Council asked if thisincluded contract employees. The City Manager and City Attorney are under contract and are both participating in the furlough program.MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to accept the City Manager's recommendations as follows:1) That, in lieu of layoffs, the City Council accept the offers of the four non-safety employee bargaining units to implement the City Council's employee furlough proposal.PAGE 4 CITY COUNCIL MINUTES September 15, 1992 7. REPORTS FROM CITY MANAGER (Continued) 2) The the City Council direct the City Manager to prepare the appropriate contract amendment language to formalize the acceptance and implementation of the furlough proposal and to place the appropriate resolutions and contract amendments on the September 22, 1992 agenda. 3) That the City Council direct the City Manager to place the appropriate resolutions on the September 22, 1992 agenda to implement the City Council's Early Retirement Program. 4) That the City Council direct the City Manager to prepare a comprehensive analysis of our revenue structure to include review of reserve categories and report back to the City Council in 90 days. 5) That the City Council authorize the City Manager to contract for an updated, independent actuarial analysis of the City's Liability and Worker's Compensation Funds. 6) Council asked for a review of the furlough program before it is extended beyond the July, 1993 target date. 7) Some departments put through a 5-10-15% reduction that did not include furlough. These plans spoke to reorganization and the way they would tackle their project according to the budget situation. Council asked to see some of the ideas that were put forth,department by department.8. LEGAL AFFAIRS - Tape 1-2280 8.1 ORDINANCE NO. 22-92 An Ordinance of the City Council of the City of Orangeamending Chapter 17.40 of the Orange Municipal Code to allow Hot Dog Vending Carts as an accessory use, subject to a Conditional Use Permit. (A2500.0 Mobile Food Handling)The following people spoke:Robert Meano, 221 Carmen.Geneva Fulton, 1801 N. Greenleaf, Santa Ana. MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 22-92 have second reading waived and be adopted and same was passed and adopted by the preceding vote. A****9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY CITY COUNCIL MINUTES September 15, 1992 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, commented that the community welcomes the changes the new Police Chief is making to the City of Orange. 11. RECESS MOTION SECOND AYES Spurgeon Mayor Beyer Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon The City Council moved to recess at 4:30 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 Court Case No. 92 2141 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.d. To confer with its attorney regarding potential litigation pursuant to Government Code Section S49S6.9( b)(I).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 Pastor Perry Hipple, Orange Church of the Nazarene.12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - Mayor Beyer introduced State Assemblyman Mickey Conroy.PAGES CITY COUNCIL MINUTES September 15, 1992 12.4 PROCLAMATIONS Proclamations were presented to the Orange 4th ofJuly Spectacular Organizing Committee: Casey Williams, Jim Fearns, Gary Boudreau, Jack Ferraro, Keith Kling, Mike Short, Anna Marie Pischel, Bill Utter, Dave Krajanowski and Dolores Jackson. 12.5 PRESENTATIONS Resolution No. 8076 was presented to "Planning Commissioner Emeritus, " David V. Hart. Resolution No. 8077 was presented to "Planning Commissioner Emeritus," Carmine Master. 1Il***._. 13. PUBLIC HEARINGS - Tape 1-3245 13.1 APPEAL NO. 402, CONDmONAL USE PERMIT 1968-92, LYNDON SWENSON:Time set for a public hearing on petition by Lyndon Swenson to appeal the decision of the Planning Commission on June 15, 1992 denying Conditional Use Permit 1968-92 to allow construction ofa second story addition onto an existing residence classified R-2-6 (Residential-Duplex) upon property located at 520 North Orange Street. (A4000. 0 APP-402) Tape 1-3245 NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 State CEQA Guidelines.APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:I originally submitted plans that complied with Orange Municipal and Building Codes. The Planning Commission denied my request for a permit to add bedroom space to my house built in 1914. I am in desperate need of more than one 10 x 10 bedroom with no closet. I have modified my plans to meet the concerns of the Design Review Board, 4/22 meeting, and Planning Commission meeting of 6/25. With further modifications in my plans, at the 7/8 meeting, the Design Review Board gave me a positive recommendation for the changes I made in the height and mass of the building. I hereby respectively request your approval for a conditional use permit.Should further concerns arise regarding my plans, I would like to address and resolve them at this hearing."Council asked why this project was coming to Council, without going back to the Planning Commission first. The DRB and Planning Commission both have architects to review these. The Design Review Board is supposed to be advisory to the Planning Commission.Applicant Lyndon Swenson, 520 N. Orange Street, claimed he has been lied to, coerced, and discriminated against by the DRB. He claims the DRB falsified the minutes. When they found out he was an owner-builder, they did not want to deal with him. They said they wanted to deal only with state-licensed architects. He claims the drawings meet the Orange Municipal Codes,but the Planning Commission claimed they were not required to go by that. Their major concerns were height and mass, which CITY COUNCIL MINUTES September 15, 1992 13. PUBLIC HEARINGS (Continued) MAYOR BEYER OPENED THE PUBLIC HEARING. The following people spoke in favor of the appeal: Carole Walters, 534 N. Shaffer Street. Gary Mennick, 562 N. Orange Street. The following people spoke in opposition: Bob Bennyhoff, 10642 Morada Drive. THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED. MOTION Coontz Moved to send the appeal back to the Planning Commission and ask that they work jointly with the Design Review Board in a Study Session and come to a resolution on this.MOTION DIED FOR LACK OF A SECOND.MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to grant the Appeal No. 402 and approve Conditional Use Permit 1968-92. Staff to review the procedures and come back to Council with recommendations on the efficient use of the Design Review Board and the Planning Commission.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 (CEQA) per Section 15301 State CEQA Guidelines.13.2 APPEAL NO. 404, CONDmONAL USE PERMIT 1978-92, RUTH ANN HAMMOND DICKEY:Time set for a public hearing on petition by Ruth Ann Hammond Dickey to consider Conditional Use Permit 1978-92 denied by the Planning Commission on August 3, 1992, to allow a waiver of on-site parking and front yard setback standards in order to increase the number of bedrooms within an existing 4-unit apartment complex, through a deed restriction, and to maintain the units as affordable housing upon property zoned R-3 (A) Residential Multiple Family District (Single Story Overlay). The property is located at 1838 E. Grove Avenue. (A40oo.0 APP-404) PAGES CITY COUNCIL MINUTES September 15, 1992 13. PUBLIC HEARINGS (Continued) NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 of the State CEQA Guidelines. APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: I feel that the commission was swayed emotionally by the picture painted by the owner opposing my project. He made reference to children losing their only place to play (patios) if enclosed, 3 bedrooms generating more automobiles/traffic. He brought up neighborhood problems familiar to the Commission which are an embarrassment to the City and tied this to my project as if! would be responsible. I feel the Council is more familiar with the affordable housing program, having members in O.H.D.C., and would be addressing reality, rather than speculation on potential traffic issues, overcrowding and precedent setting." Letter received 9/9/92 from Mary Connor, 25 Whispering Wind, Irvine, opposed to the request. MOTION SECOND AYES Mayor Beyer Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue the public hearing to January 12, 1993, at the request of the Applicant.A*AAA*A* 13.3 JOINT PUBLIC HEARING, TRW RETENTION - Tape 1-4749 Time set for a joint public hearing with the Orange Redevelopment Agency to consider the proposed disposition of a subleasehold interest in certain real property by the Agency to TRW Inc., Information Systems & Services, a corporation pursuant to a proposed Owner Participation Agreement by and among the Orange Redevelopment Agency, TRW Inc., Information Systems &Services, a corporation, The City, a partnership and Tishman Parkway Venture, a partnership.RA2100.0 AGR- 2018) (See Orange Redevelopment Agency Minutes, Item 9.1.)MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke in favor:John Uniheis, Rosenow Spevacek Group, Consultants to the Orange Redevelopment Agency.Jim Sinsheimer, First Vice President Tishman West, 1 City Blvd. West.State Assemblyman Mickey Conroy.John Detbarn, TRW, 500 City Parkway West.Wayne F. Miller, President Orange National Bank, 120e E. Katella Avenue, representing the Business Retention Task Force, Orange Chamber of Commerce.Bill Reinking, past President Orange Chamber of Commerce.Brent Hunter, Executive Director, 80 Plaza Square.Attorney Mark Huebsch, Stradling, Yocca, Carlson and Rauth, representing the Orange Redevelopment Agency. PAGEt CITY COUNCIL MINUTES September 15, 1992 13. PUBLIC HEARINGS (Continued) The following people spoke in opposition: Carole Walters, 534 N. Shaffer Street. Mayor Beyer reported many letters were received in support of the TRW agreement and are on file in the City Clerk's office. THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED. RESOLUTION NO. 8072 A Resolution of the City Council of the City of Orange consenting to and approving the acquisition and disposition of a certain subleasehold interest pursuant to an owner participation agreement by and among the Orange Redevelopment Agency, Tishman Parkway Venture, The City and TRW, Inc., Information Systems and Services. MOTION SECOND AYES Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8072 as introduced be adopted and same was passed and adopted by the preceding vote.1t*** 14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Larry Bonham, 332 S. Olive Street addressed the Council regarding jobs and aesthetics.jIIt**Il**16. ADJOURNMENT MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon The City Council moved to adjourn at 9:04 p.m.ljJu~{:r' ~ ~Marilyn 1. J sen, .It. C.CityClerkPAGE10