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09-22-1992 Council MinutesAPPROVED BY CITY COUNCIL ON OCTOBER 13, 1992 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING SEPTEMBER 22, 1992 The City Council of the City of Orange, California convened on September 22, 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, Spurgeon ABSENT - Coontz 1.3 APPROVAL OF MINUTES Regular Meeting - September 8, 1992 MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Spurgeon ABSENT - Coontz ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1. 5PROCLAMATIONS - None 2. CONSENT CALENDAR 2. 1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of September 22, 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.Page 1 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.3 Award of Bid 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. (Continued from 9/15/92) (A2100.0.Agr. 2021)FISCAL IMPACT: Funds are budgeted in Fund 720-Vehicle Replacement Fund.MOTION - Spurgeon SECOND - Steiner AYES - Steiner, Barrera, Mayor Beyer, Spurgeon ABSENT - Coontz ACTION: Moved to accept Bid No. 923-04 to Santa Fe Equipment Company in the amount of $34,196.00, and reject all other bids.REMOVED AND HEARD SEPARATELY)2. 4 Request from St. Norbert's Church to hold their annual Octoberfest Festival,October 2-4, 1992, and to waive the permit fees. (P1300.0.9) FISCAL IMP ACT: Special Event Permit Fee $37.50. Robert Meano, 221 Carmen, spoke in opposition to the request to waive permit fees. MOTION - Barrera SECOND - Steiner AYES - Steiner, Barrera, Mayor Beyer, Spurgeon ABSENT - Coontz ACTION: Approved.REMOVED AND HEARD SEPARATELY) 2.5 Request from theOrange Community Historical Society and the American Association of University Women, to hold their Historic Home Tour, "A Walk In Time" on October 4, 1992, and to waive the permit fees. (P1300.0.9)FISCAL IMP ACT: Special Event Permit Fee $37.50.Robert Meano, 221Carmen, spoke in opposition to the request to waive permit fee.Bob Bennyhoff, 10642 Morada Dr. spoke in favor.Page 2 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 2. CONSENT CALENDAR (Continued) MOTION - Steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Spurgeon ABSENT - Coontz ACTION: Approved.2.6 Request from the Orange Unified School District to waive the banner placement fees for Red Ribbon Week from October 24 through November I, 1992. OUSD is donating two banners to be placed at opposing ends of the Plaza. (PI300.0.9)FISCAL IMPACT: Banner Fees are $150.00.ACTION: Approved.MOTION - Barrera SECOND - Steiner A YES - Steiner, Barrera, Mayor Beyer, Spurgeon ABSENT - Coontz Items 2.3, 24. and 2.5 were removed and heard separately. All other items on the Agenda were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORT FROM THE CITY CLERK 5.1 Report on Annexation No. 400, Meads/Acre Place ( See Legal Mfairs, Resolution No. 8084, Page 6) (A3100.O-Annex 400)The City Clerk reported Annexation 400 had 8 protest signatures which were examined by the City Clerk's staff, and were compared with the rolls and affidavits of the Registrar's Office, in accordance with State law. There were no invalid signatures. The protests were compared to the latest equalized assessment roll of real property in accordance with State law. The percentage of protests is 44%, which will cause this annexation to go to an election on March 2, 1993 by mail ballot.Page 3 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 5. REPORT FROM THE CITY CLERK (Continued) MOTION SECOND AYES ABSENT Mayor Beyer Barrera Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved to receive and file the report.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS TAPE 409 7.1 Status Report from the Director of Community Development regarding the Old Town rezoning, Aegis Report and information on the urgency ordinance moratorium) procedure. (C2300.I)The Planning Commission intendsto have all study sessions on this issue completed by October 19, 1992 with their recommendations transmitted to Council. by late October,early November, 1992. The Aegis Report is complete and the accuracy of the data base is being verified. This report will be to Council during November. The Interim Urgency Ordinance-Moratorium, can be adopted by Council for a 45 day period, or it can be extended for one year with a public hearing, ultimately, a maximum of two years. Within the past 10 months, no building permits have been issued for Old Town attached second units or multiple family units), and only two demolition permits have been issued. Based on this information, the Director of Community Development recommended a moratorium is not needed at this time.The following people spoke in opposition to a moratorium:T. J. Clark, 811 E. Chapman Bob Mickelson, 328 N. Glassell Alice Clark, 205 N. Pine Mayor Beyer announced the following people had signed a note, dated 9/22/92 opposing the moratorium:Evelyn Crout Mabel and Ernest Cunningham The following people commented on the Aegis Report:Dale Rahn, 350 N. Harwood Alice Clark, 205 N. Pine Page 4 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 7. ADMINISTRATIVE REPORTS (Continued) MOTION SECOND AYES ABSENT Steiner Barrera Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved to receive and file the report.TAPE 1329 7.2 Report by the City Engineer concerning a request by the Edison Company and Tracy Development to begin rough grading of Loma Street, Dump Hill Road to Via Escola. (T4000.0 TTM 13125)Pat Buttress, representing the Edison Company, reviewed the past history of the project. One of the major problems will be dust control when grading begins. Ms.Buttress indicated a 24- hour hot line will be implemented to resolve problems.Bob Bennyhoff, 10642 spoke in favor of the project.MOTION SECOND AYES ABSENT Steiner Spurgeon Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved to receive the report, and authorize staff to issue a rough grading permit prior to tract map recordation for construction of Lorna Street, Dump Hill Road to Big Sky Lane.8.REPORTS FROM CITY MANAGER TAPE 2224 8.1 Report on the Civic Center Improvements. (P2500.0.5)MOTION SECOND AYES ABSENT Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved to receive and file the report.Page 5 CITY COUNCIL MINUTES 9. SEPTEMBER 22, 1992 LEGAL AFFAIRS TAPE 2406 9.1 RESOLUTION NO. 8082 A Resolution of the City Council of the City of Orange agreeing to a redistribution of property taxes and a modification of the Sphere of Influence for Reorganization No. 108. (A3100.0 REO- 108) MOTION SECOND AYES ABSENT Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8082 as introduced be adopted and same was passed and adopted by the preceding vote.9.2 RESOLUTION NO. 8084 A Resolution of the City Council of the City of Orange ordering the annexation of territory designated as Annexation No. 400 to the City of Orange, subject to the results of an election to be held March 2, 1993. (A3100.0 Annex-400)MOTION SECOND AYES ABSENT Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8084 as introduced be adopted and same was passed and adopted by the preceding vote, to include the correction by the City Attorney to change the date on Page three to September 22, 1992.9.3 RESOLUTION NO. 8085 A Resolution of the City Council of the City of Orange authorizing the Public Employees' Retirement System to grant an additional designated period for two years service credit for the City of Orange. (C2500.J.4)The Personnel Director disclosed the following benefits and costs: If all eligible employees were to accept this benefit, all eligible employees are viewed as 80, it could cost $1,895,000.00 during the current fiscal year. It would be offset with a savings of 803,000.00 this fiscal year. Because PERS requires a position to be left vacant in a deparbnent, the following fiscal year's savings would be approximately $6,300,000.00.Page 6 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Steiner Mayor Beyer Steiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8085 as introduced be adopted and same was passed and adopted by the preceding vote. 9.4 RESOLUTION NO. 8086A Resolution of the City Council of the City of Orange amending Resolution No. 7878 of the Executive Management, Staff Management, and Labor Confidential unit to reflect changes to wages, hours and working conditions associated with a furlough program.C2500.J.4.6) MOTION SECOND AYES ABSENT Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8086 as introduced be adopted and same was passed and adopted by the preceding vote.9.5 RESOLUTION NO. 8087 A Resolution of the City Council of the City of Orange amending Resolution No. 7673 of the Orange Supervisory and Management Association to reflect changes to wages,hours and working conditions associated with a furlough program. (C2500.J.4.1)MOTION SECOND AYES ABSENT Barrera SpurgeonSteiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8087 as introduced be adopted and same was passed and adopted by the preceding vote.9.6 RESOLUTION NO. 8088 A Resolution of the City Council of the City of Orange amending Resolution No. 7623 of the Water Deparbnent Employees Association to reflect changes to wages, hours, and working conditions associated with a furlough program. (C2500.J.4.4. 1)Page 7 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Spurgeon Steiner Steiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8088 as introduced be adopted and same was passed and adopted by the preceding vote. 9.7 RESOLUTION NO. 8089 A Resolution of the City Council of the City of Orange amending Resolution No. 7614 of the Professional, Technical and Clerical unit to reflect changes to wages, hours and working conditions associated with a furlough program (C2500.J.4.5)MOTION SECONDAYES ABSENT Barrera Mayor Beyer Steiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8089 as introduced be adopted and same was passed and adopted by the preceding vote.9.8 RESOLUTION NO. 8090 A Resolution of the City Council of the City of Orange amending Resolution No. 7613 of the Operations and Maintenance unit to reflect changes to wages, hours and working conditions associated with a furlough program. (C2500.J. 4.4)MOTION SECOND AYES ABSENT Barrera SteinerSteiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8090 as introduced be adopted and same was passed and adopted by the preceding vote.9.9 RESOLUTION NO. 8091 A Resolution of the City Council of the City of Orange amending Resolution No. 7853 of the Miscellaneous Employees to reflect changes to wages, hours and working conditions associated with a furlough program. (C2500.J.4.7)Page 8 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Steiner Barrera Steiner, Barrera, Mayor Beyer, Spurgeon Coontz That Resolution No. 8091 as introduced be adopted and same was passed and adopted by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. ORAL PRESENTATIONS GANG PROBLEMS - Carol Walters complained students from Orange High School are fighting after school in her neighorhood. Mrs. Walters felt these incidents were gang related and the Police should have more presence at school and in the areas surrounding the high school. Police Captain Richards assured Mrs. Walters they are aware of the problems, and will be in the area.HYDRAULIC CRANE - Robert Meano, 221 Carmen, commented on the performance of the hydraulic crane the City employees were using at a work site near Collins Avenue.12. RECESS The City Council recessed at 4: 50 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. 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.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.Page 9 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 7:00 P.M. SESSION 13. INVOCATION - Pastor Arthur Holquin, Holy Family 13. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 13. 2 ANNOUNCEMENTS - None 13.3 INTRODUCTIONS - None 13.4 PROCLAMATIONS - None 13.5 PRESENTATIONS - None 14. PUBLIC HEARINGS TAPE 3400 14.1 CONDITIONAL USE PERMIT 1972-92, VARIANCE NO. 1934-92, MILDRED N.CORK AND JAMES CORK: (C3300.0)Time set for a public hearing on petition by Mildred N. Cork and James Cork to consider Conditional Use Permit 1972-92 to allow an accessory second dwelling unit;and Variance No. 1934-92 to allow a variation from standards that pertain to the location of two (2) required parking spaces on property classified R-I-6 (Single Family Residential District), located at 120 N. Monterey Road.NOTE: this project is categorically exempt from review under the California Environmental Quality Act (CEQA), per State CEQA Guidelines, Section 15303( a).MAYOR BEYER OPENED THE PUBLIC HEARING.James Cork, 120 N. Monterey spoke in favor of project.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES ABSENT Mayor Beyer Steiner Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved that this project is categorically exempt from review under the California Environmental Quality Act ( CEQA).Page 10 CITY COUNCIL MINUTES SEPTEMBER 22, 1992 14. PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT Mayor Beyer Spurgeon Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved to approve Conditional Use Permit 1972-92 as outlined in Planning Commission Resolution No. PC- 47-92.MOTION SECOND AYES ABSENT Mayor Beyer Spurgeon Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved to deny Variance No. 1934-92 as outlined in Planning Commission Resolution No. PC-48-92. TAPE 3480 14.2 ZONE CHANGE 1153-92, RAY THIBAULT AND JERRY CRABILL:Z1500. 0)Time set for a public hearing on petition by Ray Thibault and Jerry Crabill to consider Zone Change 1153-92 to reclassify two (2) properties from C-1 (Limited Business District) to R-2-6 (Residential-duplex District). Subject properties are two rectangular shaped parcels each approximately 0.15 acres (6,615 sq. ft.) in size, located on the northeast corner of Palm Avenue and Cleveland Street (603 and 613 East Palm Ave.).NOTE: In compliance with the California Environmental Quality Act, Negative Declaration 1411-92 has been prepared to address the environmental impacts of this project.MAYOR BEYER OPENED THE PUBLIC HEARING.Jerry Crabill, 613 E. Palm Avenue spoke in favor.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION SECOND AYES ABSENT Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved to accept the findings of the Environmental Review Board to file Negative Declaration 1411-92. CITY COUNCIL MINUTES SEPTEMBER 22, 1992 14. PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Spurgeon Coontz Moved to approve Zone Change 1153-92 as outlined in Planning Commission Resolution No. PC- 49-92.15. PLANNING AND ENVIRONMENT - None 16. ORAL PRESENTATIONS - None 17. ADJOURNMENT MOTION SECOND AYES ABSENT Mayor Beyer Barrera Steiner, Barrera, Mayor Beyer, Spurgeon Coontz The City Council adjourned at 7:16 P.M.J'~~~MARILYN}ljEN't/ N, C CrrYCLERK Page12