07-16-1991 Council Minutes1 10
CITY
OF A
APPROVED BY CITY COUNCIL ON AUGUST 13, 1991.
COUNCIL MINUTES ORANGE, CALIFORNIA
REGULAR MEETING JULY 16, 1991
The City Council of the City of Orange, California convened this 16th
day of July, 1991 at 3:00 P.M. in the Council Chambers, 300 E.
Chapman Avenue. Oranqe. 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 Adjourned Regular
Meeting - July 1, 1991 MOTION - steiner SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon ACTION: Approved 1.4 PRESENTATIONS/ANNOUNCEMENTS/
INTRODUCTIONS The
Finance Director accepted the certificate
of Achievement for Excellence in Financial Reporting for
the Year Ended June 30, 1990 to the City of
Orange by the Government Finance Officers Association of the united States
and Canada.C2500.J.l)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 July 16, 1991,at the city of Orange, Main Library,
the Eisenhower Park Bulletin Board, and the New Police Facility
at 1107 N.Batavia, 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
1 11
COUNCIL MINUTES JULY 16, 1991
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 Consider request from Carnival Carts, promoter for Home Depot,
to display a twenty foot high inflatable figure, at the Home
Depot Grand opening on July 24, 25, 26, 27 and 28, 1991.
A2500.0)
ACTION: Denied.
REMOVED AND HEARD SEPARATELY)
2.3 Consider request from Orange Tool Mart, 211
to display a 12 ft. high inflatable balloon
during July 25, 26 and 27, 1991.
W. Katella Avenue,
on their roof
A2500.0)
Mark Sandell, 2482 Northumberland, Orange, commented the
balloon will be displayed at the parking lot of the complex
during business hours and taken down at night.
Council discussion ensued relative to the ordinance
requirements. Mayor pro tem Barrera commented he is sensitive
to the needs of the small businessmen in the City.
MOTION - Barrera SECOND -
steiner AYES - Steiner,
Barrera NOES - Mayor Beyer,
Coontz, Spurgeon ACTION: Moved to approve
the request for business hours only.THE MOTION FAILED.MOTION
SECOND AYES NOES
Mayor
Beyer
Spurgeon
Mayor
Beyer, Coontz, Spurgeon
steiner, Barrera
ACTION:Moved to deny the
request.2.4
Request approval of an amendment to
the Gensler and Associates contract with the city of Orange. (A2l00.0.
A.1765)ACTION: Authorized the Mayor and City Clerk to
execute on behalf of the city.2.5 CLAIM FOR
DAMAGES FROM:ARLENE TILLINGHAST
for an alleged incident occurring on
or about March 13, 1991. (S 66472 MWB) (C3200.
0)ACTION: Denied claim and refer to City Attorney
and Adjuster.Page 2
1 12
COUNCIL MINUTES JULY 16, 1991
2. CONSENT CALENDAR (Continued)
2.6 Request approval of the sale or donation of one surplus 1982
S-10 city vehicle (# 467) a utility pick up truck with
toolbox to Chaplin Jose Luise Gomez Gallegos of the Islas
Marias,Mexico, in the amount of $400.00. (Revenue Fund
No.720-1332-465200-0000-90467,
Gain on
Sale of Asset)P2500.0)ACTION: Removed from the Agenda
to a date
not certain.MOTION -
Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer,
Coontz, spurgeon Item 2.3 was removed and heard separately, and Item 2.6
was removed from the Agenda, to be rescheduled at a later date. All
other items on the Consent Calendar were approved
as recommended.END OF
CONSENT CALENDAR 3.REPORTS FROM MAYOR BEYER
TAPE 305 3.1 Request from Councilman Spurqeon to leave the State
for
30 davs.MOTION -
Barrera SECOND - steiner
AYES - Steiner, Barrera, Mayor Beyer, Coontz ABSTAINED -
spurgeon Moved to
grant Councilman spurgeon's request to leave the State for approximately six
days.4. REPORTS
FROM COUNCIL MEMBERS - None 5. REPORTS FROM
BOARDS. COMMITTEES AND COMMISSIONS TAPE 310 5.1 Consider
the policv and procedures for implementation of Neiqhborhood Parkinq Permit
Proqram areas as recommended bv the citv Traffic Commission. (S4000.
S.3.1)The Assistant Traffic
Engineer reported the basic intent of the policy is to
establish a guideline for staff and the City Traffic Commission to utilize
in reviewing neighborhood parking permit program requests. The
primary expectations, if this policy is approved, is to
establish a policy of intended purpose and use of this program in
line with the intended legislature; establish more specific parameters and
guidelines regarding request processing and approvals; to help
keep the number of permit parking areas and requests to a
minimum, and better inform residents whether a permit parking request meets
minimum policy guidelines and should be considered.Page 3
COUNCIL MINUTES JULY 16, 1991 113
5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued)
At present there are no policies or guidelines. The requests are now
handled with a petition of 55% majority in favor of the program.
Councilwoman Coontz commented the report mentions social problems,
which are recognized by the Council that most of these requests are
because of social problems. The report also states these problems
should be addressed through the Police and Code Enforcement. The
City has been meeting on a teamwork basis, with members from many
departments to address the social ills. The parking is the first
indication there is overcrowding and is only one of the indicators.
Concern was expressed regarding the taking away of responsibility
from one department, and having all the other departments picking up
the problem. At this time, the legal department is working on
changes to the housing codes, in order to tackle the difficulties
that are presently happening throughout the city, such as
Hoover/Wilson, Prospect area, North Shaffer Apartments and other
areas. Councilwoman Coontz recommended this request be held in
abeyance until the report from the City Attorney's office and Housing
Department is presented. At that time it could be put together as a
package. A staff meetings is scheduled at the end of this month.
MOTION - Coontz SECOND -
steiner AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue
this request until Council has the opportunity to look at the
housing/zoning ordinance changes that are being proposed on a team
basis by a number of different departments of the City.TAPE 511 5.
2 Report
from Sanitation Service Item
8.2.
Paqe 6).the Council Solid
Waste Committee concerninq charqes bv the
contractor. (See Leqal Affairs.OR1800.0.34)
The Director of
Public Works reported recent annexations of county islands have introduced
an additional refuse collection company to the city. Under
current state law, when a county area is annexed to a city, the
city must begin providing all city services to the residences of these
islands. However, under this same state law, a contact that has
been providing waste collection for the county area for three years
prior to the annexation may continue to provide services to these
residences for a period of up to five years.Great Western Reclamation
has been providing solid waste collection and has indicated
they would like to continue providing service for the five year
period. As the governing body for this area, the residences must be
given the choice of which contractor for whom they will receive their
trash services. Great Western has to meet the same rates as
the City of Orange.Page 4
ll~
COUNCIL MINUTES JULY 16, 1991
5.2 REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued)
It has become necessary to calculate a rate for sanitation services
to residences that do not utilize city trash collection services.
This charge is for street sweeping, sewer, storm drain maintenance
and code enforcement activities. This rate will also serve as the
special condo rate. There have been requests received from
commercial and industrial accounts regarding the institution of a
rate for bin service picked up four times per week. Previously, the
City has not had a rate for this service. After a countywide survey
for this service, an equitable rate has been established. The
special condo rate will be applied city-wide, and is outlined
in Resolution No.
7848.Councilwoman Coontz expressed concern regarding the statement in
the report that refers to the governing body must give resident's
the choice of which contractor from whom they will receive their
trash service. Do they do this as a corporate body, or is this on
an individual, house-by-house basis. It was also asked
how this
would be handled.The Director of Public Works indicated this can be
on an individual house-by-house basis. Great
Western Reclamation was not happy,because they had to reduce what they were
receiving in rates from the county in order to meet the City
of Orange
Orange Disposal's regulated rate.The Sanitation Inspector commented the
residents will be given a choice, according to State law.
The sanitation rate for the residents in the new annexed area will be the same
as the rest of the City. Calls have already been
received from residents wanting the City contractor. There could be one
neighbor that wants the City contractor and the next door neighbor
that wants Great Western. The City could have three trucks going down the
street on the same day.Councilwoman Coontz commented
the individual, not the neighborhood,has the choice when the City annexes
a neighborhood into the city.Concern was expressed by
Councilman Spurgeon regarding the overhead administrative costs rising when islands
are
annexed
into
the City.
MOTION SECOND
AYES Coontz steiner Steiner,Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to receive and file
the report.
115
COUNCIL MINUTES JULY 16, 1991
6. ADMINISTRATIVE REPORTS - None 7.
REPORTS FROM CITY MANAGER - None 8. LEGAL
AFFAIRS 8.1
RESOLUTION NO. 7852 A Resolution
of the City Council of the city of Orange finally accepting the
completion of a certain public work and improvement.A2100.0.
A.1738)Bid No.
901-33; Underground utility District No. 11; Glassell Street from
Almond Avenue to the 22 Freeway MOTION -
Barrera SECOND - Spurgeon
AYES - Steiner, Barrera,
Mayor Beyer, coontz, Beyer That Resolution No. 7852
as introduced be adopted and same was passed and adopted by the
preceding vote.8.2 RESOLUTION NO.
7848 A Resolution of the
city Council of the city of orange amending section 13.60.020
and section 13.60.030 of the Orange Municipal Code changing certain sanitation and
service charges by contractor.A2500.0)MOTION - Steiner
SECOND - Barrera
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Beyer That Resolution No. 7848 as introduced be
adopted and same was passed and adopted by the preceding vote.9.
RECESS TO THE MEETING OF THE
ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Communication received from David
V. Hart, 1249
E.CA. 92666, regarding his concerns relative to
the property on the part of a certain
Council member.Palm Ave., Orange,use of city C2500.
D)At the
Mayor's direction,
the City
Clerk read the communication from Mr. Hart:Dear Mayor Beyer and Council:
An incident
was observed last Thursday morning
during the Fourth of July Parade in Orange Park Acres which
caused some concern and comments from observers. An Orange Police car
arrived at the parade formation area on Orange Park Acres Blvd.
and Councilwoman Joanne Coontz alighted.Page 6
116
COUNCIL MINUTES JULY 16, 1991
10. ORAL PRESENTATIONS (Continued)
With this city's critical budget deficit of nearly $2 million at last
count, it seems an unnecessary extravagance that councilwoman Coontz
should be using the city's police vehicles and personnel for her own
personal taxi service.
I have been told by witnesses that councilwoman Coontz had been
picked up by a police car at the Legion Hall in Orange prior to
arriving in Orange Park Acres.
If it is the council policy to provide council members with personal
transportation by police vehicles and personnel, then I feel there is
a gross mismanagement problem which should be immediately addressed.
Should it not be the policy of the council to provide personal
transportation by police vehicles and police personnel, it would seem
appropriate that councilwoman Coontz reimburse the city of Orange for
the actual cost of the service.
Should Councilwoman Coontz claim her presence was required at the
parade, organizers of that event have told me that she was not an
invited participant.
Sincerely,
David V. Hart
1249 E. Palm Ave.
Orange, CA 92666
Mr. Hart commented that while the action may have been a small thing,
it is symptomatic of other problems. Mr. Hart indicated he received
a copy of Police Chief Duncan's letter on the subject, and has no
fault with the Police Department's actions on this matter. There
are occasions when Council members need to attend official city
functions and they carpool to these meetings with city staff, which
is an appropriate use. It is essential the City establish a policy
on the use of emergency vehicles so there is no further embarrassment
to the Police Department. Mr. Hart recalled an incident in the past
when someone parked in Councilwoman Coontz's parking space at city
hall and she instructed a Police officer to issue a citation. The
car belonged to a person from st. John's Lutheran Church, who was
attending an evening meeting. There were political repercussions and
the responsibility shifted to the Police Department for the issuing
of a ticket, and they have been embarrassed enough.
Councilwoman Coontz responded with the following comments: "It is
protocol to answer the charges publicly brought to the Council by Mr.
Hart, and I would like these to be made part of the record.
Mr. Hart, having known you for fifteen years I know you delight in
writing carefully crafted letters. I'm happy you have decided to
sign this one. I wrote these notes this afternoon, but since then,
of course you brought up orally the subject of the parking ticket in
the parking lot, and I did not request anything. In fact, the only
missive I got was an unsigned anonymous letter from Santa Ana
regarding that issue. The Mayor and I talked about it, and we
resolved it. There was nothing true in the letter.
Page 7
117
COUNCIL MINUTES JULY 16, 1991
10. ORAL PRESENTATIONS (Continued)
Mayor Beyer clarified the Mayor at that time was Mayor Don Smith.
Councilwoman Coontz concurred that it was Mayor Smith, and there was
nothing that has ever been said about this except what you just
brought up, so I think it's curious that I received this letter
anonymously in the mail a couple of years ago. If you really wanted
answers to what you refer to as an incident, you could have called
the Police Chief or phoned me or talked with me at City Hall, because
I am available.
I needed assistance in getting from one Fourth of July public event
to the other quickly, on a day filled with activities. I might
interject that I was almost out of gas. The supervising patrol
officer asked if I needed a ride, and I answered, "yes." He answered
in the affirmative to my question regarding City policy. I am
confident that the members of the Police Department know their jobs
well. The assistance given me was justified and needed under the
time and distance constraints of two events going on at the same
time.
Mr. Hart, I know you like to play games, and in this instance yours
was the game of trivial pursuit. Mr. Mayor, I think we need get on
with the more important matters of the day and put closure on it.
At the Mayor's direction the City Clerk read the following letter
from Police Chief Duncan into the record:
To: Mayor Beyer and Members of the City Council
Date: July 15, 1991
Subject: Complaint of David Hart Regarding Use of Police Department
Vehicles
Mr. Hart's complaint suggests that transportation by a police
vehicle of a member of the City Council from The American Legion Hall
in the City of Orange to a parade formation on Orange Park Boulevard
was an unnecessary extravagance.
The involved driver of the Police vehicle is a Lieutenant; and, on
the date and time in question, was in command of the Police
Department.
An assigned duty of such a Lieutenant is to inspect various areas of
the City and to follow up on matters of importance to the
Department. On the Fourth of July, a permit had been granted to the
American Legion, 143 S. Lemon Street, to serve alcoholic beverages at
the conclusion of a pancake breakfast. The Lieutenant paid for, and
ate breakfast at that location. When he concluded his meal, he
inspected the provisions for serving alcoholic beverages and found
these to be satisfactory.
As he left the area in a Police vehicle to inspect other areas of the
City, he observed a member of the City Council walking quickly away
from the breakfast, consuming her breakfast between strides.
Page 8
118
COUNCIL MINUTES JULY 16, 1991
10. ORAL PRESENTATIONS (Continued)
Good manners and a desire to help caused the Lieutenant to stop along
side the Council member and ask her if she needed help to find her
car. with this, she entered the Police vehicle on the passenger
side; and when seated, asked the Lieutenant, if it would not be
inconvenient, to drive her to Orange Park Acres Boulevard. The
Lieutenant then drove to the destination she had required. I asked
the Lieutenant whether or not he noticed anything unusual as he drove
up Chapman Avenue to the East. He stated that there was a dearth of
individuals standing along both sides of Chapman Avenue; and that
there didn't appear to be any problems in connection with the
preparations for the fireworks extravaganza to be presented that
evening at Fred Kelley Stadium. He turned West on Chapman Avenue and
returned to the Police Facility at Batavia & Struck.
The Police Department Manual does not restrict this type of
activity. Good judgement should prevail in situations of this type.
If the Lieutenant thought that good manners and sensitivity to a
person's needs should prevail, particularly if it did not entail him
doing anything prohibited by councilor Department regulations, then
he can most assuredly use his own judgement.
The Police Department is duty-bound to assist certain lost
people,stranded motorists, abandoned children, battered-
but-unbloodied wives and husbands, and an entire myriad of
people who receive transportation in a police
vehicle without handcuffs.As a matter of fact, some very serious
consequences result from abandonment of
such a duty.This is not to suggest that the July 4th transportation
of a person from the American Legion Hall to Orange Park Acres
Blvd. was an emergency or grounds for a civil law suit for
neglect of duty.The Lieutenant's activity was a result of what he
considered to be reasonable judgement on his part. To my knowledge, this
is the first time that this Council member has ridden in
an Orange
Police Department vehicle.As the Chief of Police, I do not believe
that the Lieutenant responded incorrectly to a
request for
assistance."MOTION Steiner
SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon Moved to receive and file the
report.Page
I 1 9
COUNCIL MINUTES JULY 16, 1991
10. ORAL PRESENTATIONS (Continued)
The following people spoke in favor of Councilwoman Coontz's actions:
Dorothy Gibson, 3032 oceanview street, representing the Coalition of
Active, Involved Residents
Anita Bennyhoff, 20641 Morada Dr.
Carol Walters, 534 N. Shaffer, speaking on behalf of Dorothy Hudecek
from North Orange
William Earnest, 138 Calle Alta
Councilwoman Coontz commented that she did not solicit any response
from the community and feels this is very trivial and insignificant
and should not be dwelt upon.
Carol Walters, 534 N. Shaffer st., representing the Chapman
Neighborhood, asked why Chapman College did not pay for their
Residence Hall building permit and referred to a letter signed by the
City Manager.
The City Manager commented in March of 1991 Chapman College had a
dispute with the Building Division's amount of fees being charged for
construction taking place on their property at that time. Chapman
College indicated they were going to file an appeal, and as yet it
has not been filed. Pending the outcome of that appeal, the fees
were deferred from prior to issuance of a building permit to prior to
final occupancy or building inspection. The fees were not waived.
This is a practice many cities follow. When Chapman College is ready
for occupancy or final building inspection, the City will collect the
full value of these fees.
Mayor Beyer instructed the City Manager to notify Carol Walters when
this occurs.
Mary Rawuka, 872 Fairmont Way, Orange, expressed concerns regarding
her situation with the EI Dorado Real Estate Agency and a certain
party buying her home. Ms. Rawuka requested Council's assistance in
this matter. The City Attorney commented he would contact the County
Bar Association to assist Ms. Rawuka. (C3500.0)
Peter Nickelson, 256 S. McCoy Rd., Orange, commenting on behalf of
his Mother, opposing the painting of the City's Police cars from
orange and white to black and white. Black and white are confrontive
colors.
Dorothy Gibson, 3032 Oceanview st., commented in favor of the orange
and white police car colors.
Mayor Beyer remarked the professionals within the Police Department
recommended the change for visibility purposes.
Page 10
1 20
COUNCIL MINUTES JULY 16, 1991
THE CITY COUNCIL RECESSED AT 4:10 P.M. AND RECONVENED AT 7:00 P.M.
The City Council recessed to a Closed Session for the
following purposes:
a. To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9, to wit:
Serrano Irriqation District vs. citv of Oranqe, Orange county
Superior Court Case No. 61 38 00
Dennis Boulanqer and Robert McLinq vs. citv of Oranqe, orange
County superior Court Case No. 58 76 29
b. To confer with its attorney regarding potential litigation
pursuant to Government Code section 54956.9(b)(1).
c. 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
11.INVOCATION - Pastor Gerald Balius, Orange Christian Assembly 11.
1 PLEDGE OF ALLEGIANCE TO THE FLAG 11.
2 ANNOUNCEMENTS Mayor
Beyer read the following statement: "The City of Orange is pleased
that Judge Bower today has endorsed and upheld the adequacy and
validity of the City'S Environmental Impact Report for the East Orange
General Plan.It
has been more than six years since the long and careful planning process
in evaluating the potential environmental impacts of such a major
plan was begun. The City is committed to protecting the environment
and protecting and developing the water resources of Santiago
Creek and Irvine Lake in the manner which most benefits the public.
The
courts decision today recognizes that commitment and we would hope
that Serrano Irrigation District will not prolong this needless litigation
by an appeal certain to fail. Instead we invite Serrano to
join with us in a cooperative effort to protect the future of Irvine
Lake and mitigate the impacts of planned development as they are
identified. We are grateful that justice has finally been done and
the City'S good faith efforts recognized."Page
11
1 21
COUNCIL MINUTES JULY 16, 1991
TAPE 2073
T4000.0)
PERMIT 1908-
91.12. PUBLIC
HEARINGS 12.1 TENTATIVE TRACT MAP 14510. CONDITIONAL
USE CLOW AND CLOW
INC.:Time set for a public hearing on petition by Clow and Clow Inc.,
to consider Tentative Tract Map 14510 to allow the subdivision of
a portion of a 2.15 acre church site into four residential parcels;
and Conditional Use Permit 1908-91 to allow the creation of
three lots without direct access to a public street; and to modify
a previously approved conditional use permit that allowed the church
operation on the site. The church site is located on the north side
of Taft Avenue, 500 feet west of Tustin Street (1515 E. Taft Avenue;
and is zoned R-1-8 (Residential, Single Family, minimum lot
size
8,000 sq.ft.) .NOTE: Negative Declaration 1382-91 has
been prepared to assess the
environmental impacts of the project.MAYOR
BEYER OPENED THE PUBLIC HEARING.The Manager of Current
Planning explained the proposal, indicating the net effect of the proposal will be
to reduce the available onsite parking. A portion will be split off that
is currently in open turf area. However, the remaining parking on
the Church site will be adequate for the Church use that is there,
as well as the Montesori School that has been approved by
a previous conditional use permit.The
total parking spaces is 72.The Planning Commission approved
the proposed lot division. There was concern regarding the drainage from
the residential site, and a condition was added to require a
hydrology study prior to
recording of the final
map.The following people spoke:
Gene Somers, 1539 E. Candlewood
John Burl, 1519 E. Concord Pastor David F. Donnett, Grace
Baptist Church, 1515 E.
Taft Mark Brislawn, Nordic Drive Their
comments were expressed as follows:The parking lot is being used by
the tenants from the nearby apartments, as
well as semi-trucks parking there.They do not want to see cars
parking
on Taft Avenue from the apartments will the development
be single family residences with garages?Pastor Donhed commented an
agreement had been reached with the owners of the apartment complex to
maintain the flower bed on the east side of the property, they would be
allowed the use of the first eight parking spaces. However, they
have been using more than eight spaces. Once this has been developed,
they will no longer have the use of the parking lot. The semi-
truck that was parked on
the lot
1 22
COUNCIL MINUTES JULY 16, 1991
12. PUBLIC HEARINGS (Continued)
The Manager of CUrrent Planning commented the R-1-8
zoning ordinance requires a two-car garage with standard setbacksfromthepropertylinesinthesubjectzone. The proposed four homes
will be single family homes on minimum lot sizes of 8,000 sq. ft.
The access road will go between the church and the residences up the
middle
of the site.THERE BEING NO FURTHER COMMENTS, MAYOR BEYER
CLOSED
THE PUBLIC HEARING.
MOTION - Coontz SECOND -
Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
Moved to accept the findings of the Environmental Review Board to
file Negative Declaration 1382-
91.MOTION - Coontz
SECOND - steiner AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to
approve Tentative Tract Map 14510 as outlined in Planning Commission Resolution
No. PC-18-91.
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Approve Conditional Use
Permit 1908-91 as outlined in Planning Commission ResolutionNo. PC-19-91, with amendments relative to
drainage requirements, and staff conditions.
TAPE 2564
A2500.0)
12.2 OFF-SITE HAZARDOUS WASTE TREATMENT AND STORAGE
FACILITIES.CITY OF
ORANGE:Time set for a public hearing on petition by the City of Orange
to consider adoption of Urgency Ordinance No. 20-91, as an
extension of Ordinance No. 17-91, requiring a conditional use permit
in the M-2 Industrial District) for any off-
site treatment, storage and/
or disposal of hazardous waste.The Director of Community Development
commented during the time the proposed interim ordinance is
in effect, the Community Development Department with the City Attorney's
office will be moving forward with the Fire Department to ensure that
a proper long term ordinance addressing these issues is prepared
and run
through the proper adoption procedure.Councilwoman Coontz expressed concern that
this is the same ordinance she requested in March of 1978, and asked why it
is taking so long to come up with a final ordinance
instead of extending this ordinance again. Draft ordinances have been prepared
by
the county
1 23
COUNCIL MINUTES JULY 16, 1991
12. PUBLIC HEARINGS (Continued)
The County's plan was not adopted because of the State's decision to
not pass any of the plans throughout the state.
Councilwoman Coontz asked the definition of the word, "pendency,"
included in the urgency ordinance. The city Attorney remarked it was
a legal term meaning, "while the study is going on."
Councilman Barrera commented the state has not approved the County's
plan.
Councilwoman Coontz commented the state lawyers for SCAG and the
League of cities indicated the cities should go ahead with the
process. There are several alternatives which protect the land use
of the cities. It has been much too long of a period. There might
not be anyone on staff who could put one of these together.
Councilman Spurgeon requested a firm schedule for timelines when the
permanent ordinance will be completed.
The city Attorney and Director of Community Services both indicated
they would meet to establish timelines. Mayor Beyer indicated the
report should be available by the next council meeting.
The City Attorney recommended Council incorporate prior staff reports
on this issue from April 23, 1991 and June 11, 1991 into their
motion.
THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
ORDINANCE NO. 20-
91 An Ordinance of the city Council of the city of Orange adopted as
an urgency measure extending Interim Ordinance No. 17-
91 prohibiting hazardous waste treatment and storage facilities
without a conditional
use permit.MOTION -
spurgeon SECOND - Beyer
AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved
to waive the reading in full.MOTION -
Spurgeon SECOND - steiner
AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to adopt Interim
Ordinance No. 20-91, to include prior staff reports from the
record of April 23, 1991 and June 11, 1991.Page 14
1 24
COUNCIL MINUTES JULY 16, 1991
13. PLANNING AND ENVIRONMENT - None 14.
REPORTS FROM COUNCILMEMBERS - None 15. ORAL
PRESENTATIONS Bob Bennyhoff,
10642 Morada Dr., commented the County still does not have a
plan for hazardous treatment because it was rejected by the State. Mr.
Bennyhoff asked if the State has to approve the City's plan?The
city
Attorney thought the County had to approve the plan, but would have
to investigate.Councilwoman Coontz
remarked the cities should protect themselves through the
general plan. The City of Irvine has done this, and the City of
Irvine's plan has been brought to our City for reference.Larry Bonham,
332 S. Olive st. commented on the tax burden on poor people in
the city as well as the need for affordable housing.Mr. Bonham
also requested a berm be constructed along the southern portion of
Hart Park. Mayor Beyer remarked that the property was Caltrans.ADJOURNMENT
The
City
Council adjourned at 7:40 P.M. to a joint Study Session with the Orange
Redevelopment Agency and the City/Chamber Marketing Committee, on
July 17, 1991 at 7:30 A.M. in the Weimer Room.OR1800.0.
17.1J Q~~MARILYN
J. mi'
IDt7CM . CITY CLERKPage 15