11-24-1992 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 24, 1992
The City Council of the City of Orange, California convened on November 24, 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 - Barrera, Steiner, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Adjourned
Meeting, November 5, 1992 MOTION - Spurgeon
SECOND - Steiner A
YES - Barrera, Steiner,
Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Regular Meeting, November
10, 1992
MOTION - Barrera SECOND - Spurgeon A
YES - Barrera, Steiner,
Mayor Beyer, Coontz,
Spurgeon ACTION: Approved.1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS - None
1.5
PROCLAMATIONS - None 2. CONSENT CALENDAR 2.1
Declaration of City Clerk Marilyn
J. Jensen declaring
posting of City Council agenda of a regular meeting of November 24, 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 1 I
CITY COUNCIL MINUTES November 24, 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.
2.3 Request and approve an extension to the audit agreement between the City of Orange
and Tel Adjust, California, for the period December 5, 1992 to May 4, 1993.
A21oo.0. Agr-I883.
A)FISCAL IMPACT: No negative impact on the
budget.ACTION: Authorized the Mayor and City Clerk to execute the agreement on behalf
of the
City.2.4 CLAIM FOR DAMAGES
FROM:C32OO.
0)a. Linda
Swartz FISCAL IMPACT:
None.ACTION: Denied claim and referred to City Attorney and
Adjuster.2.5 Request the City Council, in conjunction with the Civic Center Improvement
Project authorize Change Order # 4 from Account No. 924-9811-
481200-9808 (Civic Center Expansion) for $30,000 to remodel existing Civic
Center restrooms for compliance with the
Americans withDisabilities
Act.P25oo.0.5)FISCAL IMPACT: Sufficient funds are available in
Fund 924 (Southwest Project Area).
No additional
appropriation required.ACTION: Approved.2.6 Request to change Resolution No. 8109 "A Resolution of the City
Council of the City of Orange approving the sale of certain property to
the Orange Redevelopment Agency and authorizing execution of an agreement. (Northeast corner
of Pixley and Almond),"adopted November 17, 1992
to Resolution
No. 8115.
CITY COUNCIL MINUTES November 24, 1992
2. CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the City Clerk to assign the new number as
requested, and to make any other changes in her records and agenda to reflect and
document this change.
MOTION - Spurgeon SECOND -
Coontz A YES -
Barrera, Steiner, Mayor Beyer, Coontz, Spurgeon All items on
the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS
FROM CITY MANAGER - None 8.
LEGAL AFFAIRS 8.1 ORDINANCE NO. 30-
92 (SECOND READING)
An Ordinance of the City Council of
the City of Orange adding certain speed limits to Section 10.14.050 of the Orange Municipal
Code. (S4000.S.3.4)MOTION SECOND AYES Steiner Barrera Barrera, Steiner,
Mayor
Beyer,
Coontz,
Spurgeon That
Ordinance No.
30-92 have second reading waived and
be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION
NO. 8113 A Resolution of the
City Council of the City
of Orange ratifying a prior agreement between the Orange Redevelopment Agency and the Orange Housing Development
Corporation, and making certain findings. (A2l00.0.Agr-1923)PAGE 3
CITY COUNCIL MINUTES November 24, 1992
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Coontz Spurgeon
Barrera, Steiner,
Mayor Beyer, Coontz, Spurgeon That Resolution No.
8113 as introduced be adopted and same was passed and adopted by the preceding vote.MOTION
SECOND AYES
Coontz
Spurgeon
Barrera,
Steiner, Mayor
Beyer, Coontz,
Spurgeon Moved to consent to authorize the
Agency Board to appropriate funding in the amount of 30,000.00 for purposes set
forth in the Cooperation Loan and Repayment Agreement between the Orange Redevelopment Agency and the
Orange Housing Development Corporation.9. RECESS TO TIlE MEETING OF
TIlE ORANGE REDEVEWPMENT AGENCY 10. ORAL PRESENTATIONS - None 11. RECESS
The City Council recessed at
3:09
P.M. to a Closed Session for the following purposes:a. To confer with its attorney 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 2141SVW
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
potentia11itigation pursuant to Government Code Section 54956.9(b)(1).e. To
consider and takepossible 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 4 I
CITY COUNCIL MINUTES November 24, 1992
7:00 P.M. SESSION
12. INVOCATION
Furman Roberts, Retired City Attorney
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRFSENTATIONS
Donald C. Caskey
was presented a commemorative clock from the Official City Old Towne Steering Committee.13.
PUBLIC HEARINGS
TAPE 355 13.1 PROPOSED
UNDERGROUND UTILITY DISTRICT NO. 13, CITY OF ORANGE:Time set
for
a public hearing on petition by the City of Orange to consider the designation and adoption of Underground
Utility District No. 13 requiring the removal of poles, overhead wires, and associated
structures within that area of the City generally located on La Veta Avenue from Parker
Street to Cambridge Street. (C2500.M.13-UUD-13)Mayor
Beyer abstained from this item due to a conflict of interest. He owns property within the
area.The
Director of Public Works reported the PUC requires the Edison Company to set aside money
which is utilized in forming underground districts to place the utility lines below grade and
provide for more aesthetic streetscapes throughout the community. The proposed district will
be approximately $700,000.00 from the Edison Company costs, and the City will be required
to spend approximately $130,000.00 for lighting of the district. The lighting,however,
is not budgeted in this fiscal year. The estimated conversion costs for the 49 properties
in this district is $2500.00 each. All property owners have been notified. The newest
old towne lighting standard would be installed in this area.The
funding for this project is generally from a portion of the sales tax. The project has been budgeted
and is placed on a priority list, which has been reviewed by Council. The City is also
required to meet a certain maintenance of effort in order to be eligible for Measure M and Prop
111 funding. This project meets that requirement. It is intended the project be done in advance
of any street widening.PAGE
5 1-------
CITY COUNCIL MINUTES November 24, 1992
13. PUBLIC HEARINGS (Continued)
The Senior Assistant Civil Engineer reported on construction costs, and announced the project
will not begin until January, 1994.
Council discussed budgetary problems, and it was asked if the funds from the Edison
Company ($666,000.00) could be banked and this decision made at a later time when the City
will be reviewing the Capital Improvement Budget and the General Operating Budget.
Pat Buttress, representing the Edison Company, remarked there is no written policy about
cities losing the funds. The Edison Company is told by the PUC to encourage cities to use the
funds or they will be reallocated to other cities.
MAYOR PRO TEM STEINER OPENED THE PUBLIC HEARING.
The following people spoke in opposition, due to the costs involved which will create a
hardship at this time:
Mike Mabry, 330 E. La Veta
Carole Walters, 534 N. Shaffer St.
Gary Jaquith, 503 S. Glassell St.
Kim Angel, 169 Pixley
Steve McHarris, 485 S. Orange S1.
Rich Robertson, 477 S. Orange St.
THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM STEINER CLOSED THE
PUBLIC HEARING.
MOTION - Coontz SECOND -
Spurgeon A YES -
Barrera, Steiner, Coontz, Spurgeon ABSTAINED - Mayor Beyer
Moved to deny the
request at this time. To shift the priorities, and consider this project in conjunction with the widening
of West Chapman, which is the next prioritized project.TAPE 1722 13.2
ORDINANCE AMENDMENT
5-92, CITY OF ORANGE:Time set for
a public hearing on petition by the City of Orange to consider an amendment to the zoning ordinance
to add provisions to the M-l (Light Manufacturing) and M-2 (Industrial)districts
allowing restaurants with drive-through service subject to a conditional use permit.
A25oo.0)
PAGE 6
CITY COUNCIL MINUTES November 24, 1992
13. PUBLIC HEARINGS (Continued)
NOTE: This item is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per CEQA Guidelines, Section 15305.
MAYOR BEYER OPENED THE PUBLIC HEARING.
The Director of Community Development reported Council received a development review
guideline package for drive-through restaurants, covering circulation, vehicle
storage,pedestrian safety and other issues. The Planning Commission recommended approval of
the ordinance amendment and to establish by policy the design guidelines for
drive-
through facilities.Mayor Beyer and Councilwoman Coontz requested the
following verbatim:Mayor Beyer asked if the Police Department signed off on the proposal? Also,
was that because of a particular request for a
drive-through restaurant?The Director of Community Development indicated the Police Department signed
off, and this was initiated by a specific request, (Jack-In-The-Box at Home Depot
on Katella) but since it is an ordinance amendment, by Council's action this evening,
they would
not be approving a specific request.Councilwoman Coontz commented her question relates back to
a recent car wash that was requested at Batavia and Taft. One of our concerns was
putting through a 24 hour operation or even a lesser operation in an area where there is no
activity in the evening. This would concern me. I don't know whether this ordinance as
it is projected has the necessary protection so that we could turn down an application that would be
in what you would call a dead industrial commercial center, because there are those
located in our City. This particular proposal which spurred this request is obviously an arterial
which is well traveled and well lighted, and could be considered much safer than other locations within
the City that are in the same zoning category. What
kind of protection do we have?The Director of Community Development commented the
Council will have the ability to address those kinds of issues through the Conditional
Use Permit public hearing process. You would have the ability to attach conditions, and if appropriate,
and it is detrimental to that surrounding area, as was determined in the situation of the
car wash, Council would have the
ability to deny such a project.Councilwoman Coontz asked if there was any way that
we could indicate a stipulation within this ordinance amendment that would cover
that as
CITY COUNCIL MINUTES November 24, 1992
13. PUBLIC HEARINGS (Continued)
The Director of Community Development commented you could do that. The industrial area
does have a great deal of diversity in it as Council suggested at Katella Avenue and the type of
facility that might be appropriate to locate there would be very different from other areas
within the rone. Council may want to apply different standards to a Katella project from one
that would be somewhere else in that area. There is the conditional use permit which allows
Council to address on a case by case basis specifics.
Councilwoman Coontz commented, so Council will still have the same flexibility.
The Director of Community Development commented, certainly.
Mayor Beyer, that is what worries me when you say we shouldn't get overly specific., But
there are certain areas where there are light manufacturing in M-2 and are not well suited
for at all for a drive-through late at night type activity. I think our Police Department
would be
very busy.The Director of Community Development commented that is precisly why the
conditional use permit is required to give Council the ability to look at those kinds
of circumstances. "THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE
PUBLIC
HEARING.
MOTION
SECOND AYES
Spurgeon Steiner
Barrera, Steiner, Mayor Beyer, Coontz, Spurgeon Moved
that this item is categorically exempt from the provision of the California Environmental
Quality Act (CEQA).MOTION
SECOND
AYES
Steiner
Spurgeon Barrera,
Steiner, Mayor
Beyer, Coontz, Spurgeon Moved to adopt Ordinance
amendment 5-92 as outlined in Planning Commission Resolution No. PC-70-
92, adding to the Development Review Guidelines for Drive-through Restaurants
the location be approved by the Police Department in conjunction with possible crime activity.
14. PLANNING AND ENVIRONMENT - None PAGE
8
CITY COUNCIL MINUTES November 24, 1992
15. ORAL PRESENTATIONS
Pitcher Park
Carole Walters, 534 N. Shaffer, commented the taxpayers did not get to vote for Pitcher Park
at Almond and Cambridge, which is the worst money the City has spent. There is no parking
on the street, and from December through June this was being discussed when the Greenway
was asking for money and grants from the City. The land should be sold and the money given
to the Police and Fire Departments, which would be a better use instead of a small park that
does not have parking.
Mike Mabry, 330 E. La Veta, asked for c1aification of Council action on the proposed
underground utility district.
16. ADJOURNMENT
The City Council adjourned at 8:45 P.M. to an Adjourned Regular Meeting, December 2,
1992 at 4:00 P.M. in the Library Community Room with the Planning Commission and the
Design Review Board to discuss the development review process. Also there will be a
reintroduction of the plan to adopt an updated zoning ordinance. (OR18oo.0.8.l)
l'V~d.JMARILYNJ. IE SEN
CITY CLERK
PAGE 9