08-20-1991 Council MinutesAPPROVED BY CITY COUNCIL ON SEPTEMBER 10, 1991.167
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
AUGUST 20, 1991
The city Council of the City of Orange,
day of August, 1991 at 3:00 p.m. in the
Chapman Avenue. Oranqe. California.
California convened this 20th
Council Chambers, 300 E.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Mayor Beyer, Coontz, Spurgeon ABSENT -
Steiner, Barrera (arrived at 3:15 p.m.)1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/
ANNOUNCEMENTS/INTRODUCTIONS - None 1.5 PROCLAMATIONS - None
2.CONSENT CALENDAR TAPE 44
2.1 Declaration of City
Clerk Marilyn J. Jensen declaring posting of City Council Agenda of
a regular meeting of August 20, 1991,at Orange civic Center, Main
Library, New Police Facility at 1107 N. 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 Request authorization
to
approve a Homeowner Participation Grant and authorize the city
Treasurer to prepare a check in the amount of $1,000 (
Case # 505). (C2500.G.1.1)ACTION: Approved.2.3 Request
authorization to
approve a Code Enforcement Grant and authorize the City Treasurer to
prepare a check in the amount of $5,000 (Case # 21). (
C2500.G.1.1)ACTION: Approved.2.4 Request
authorization to
approve a Deferred Payment Loan and a Housing Accessibility Grant and authorize
the City Treasurer to prepare a check for the
following:25,000 - Deferred Payment Loan
1,500 - Housing Accessibility Grant (Case #
489) (C2500.G.1.1)ACTION: Approved.Page 1
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CITY COUNCIL MINUTES AUGUST 20, 1991
2. CONSENT CALENDAR (Continued)
2.5 Request authorization to approve a Housing Accessibility
Program Grant and authorize the City Treasurer to prepare a
check in the amount of $1,500 (Case # 502). (C2500.G.1.1)
ACTION: Approved.
2.6 Request authorization to approve a Homeowner Participation
Grant, and authorize the City Treasurer to prepare a check in
the amount of $2,000 (Case # 501). (C2500.G.1.1)
ACTION: Approved.
2.7 CLAIM FOR DAMAGES FROM:C3200.0)
a. MINA LACHMAN for an alleged incident occurring on or about
April 27, 1991.
b. JEANINE FUCCI for an alleged incident occurring on or about
May 1, 1991.
c. BARBARA SAPP for an alleged incident occurring on or about
March 20, 1991.
ACTION: Denied claims and referred to City Attorney and
Adjuster.
2.8 Designate Mayor Beyer as the voting Delegate for the League of
California cities Annual Conference, October 13-16, 1991,
with Mayor pro tem Barrera as the alternate. (OR1800.0.
12)ACTION:
Approved.2.9 Request to cease collection efforts for
uncollectible receivables. (C2500.J.
1)ACTION:
Approved.2.10 Approve
authorization connect 16732 E.
Main to city owned
sewer.of agreement with M. Barbara Ramer
to Street in unincorporated County
territory A2100.0 A.
1835)ACTION: Authorized the Mayor and city Clerk to execute
the agreement on behalf of the
City.2.11 Request Council approve and authorize the donation of
one surplus Police vehicle to Golden West College to be used as
a training tool in their Police Academy program. (P2500.
0)ACTION:
Approved.Page
169
CITY COUNCIL MINUTES AUGUST 20, 1991
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.12 Request from Children's Hospital of orange County to hang 18
banners from the existing hardware on traffic lights at the
corners of Main and La Veta; Main and Almond; and Main and
Chapman Avenue. The banners will hang from September 15th to
October 15, 1991 to announce the grand opening of the new CHOC
building. (A2500.0 Signs, Banners)
The following people spoke:
Maureen Williams, Dir. Public Relations, CHOC, 455 S. Main st.
Ms. Williams commented that CHOC wants the community to know
what they are all about. They are a not-for-
profit community resource, and this is a once-in-
a-lifetime event. There are two other locations they would also
like to put the banners:at Main St./Main Place and Main
st./Culver. The banners would be like the Olympic torch
banners which are currently being displayed. They have a budget
to pay for installation. They would be displayed from about
September 27 to october 15,rather than from September 15,
as listed in the agenda.council questioned whether it is
dangerous to put these on traffic signals, and in the
Plaza area. The Traffic Engineer reported special street lights
were made and installed to accommodate banners when the
Plaza was rehabilitated a few years ago. The torch banners
were installed on the traffic signals in such a way that they
would not pose a safety hazard. Council felt a policy
on banners should be established through a code, since requests of
this
type come to
council frequently.MOTION - Barrera Moved to amend the request to display
the banners to include
the two additional locations.Motion died for
lack of a second.
MOTION - Mayor Beyer
SECOND - Coontz AYES - Mayor Beyer, Coontz,
Spurgeon NOES - Barrera
ABSENT - Steiner ACTION:
Approved the request to display the banners at locations
requested on the agenda. Directed Traffic and Planning
Department Staff to work together and initiate an ordinance
amendment to cover banner display.Page
3
170
CITY COUNCIL MINUTES AUGUST 20, 1991
2. CONSENT CALENDAR (Continued)
2.13 Request Council approve the addition of one Assistant city
Attorney position to the 1991-92 position control and
authorize staff to appropriate funding from Outside Legal Services to
the City Attorney's budget to fund the position. (C2500.
B)ACTION:
Approved.MOTION - Coontz
SECOND - Spurgeon AYES -
Mayor Beyer, Coontz, Spurgeon ABSENT - steiner,
Barrera (arrived at 3:15 p.m.)Item 2.12
was removed and heard separately. All other items on the Consent Calendar were
approved as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER 3.1 Report
from Mavor Bever reqardinq for the operation
of the Santa Ana and Armories for the
homeless this winter.an appropriation of $
5.000.00 Fullerton National Guard
OC1300.H)The
Senior Assistant
from the City Manager's office reported the County of Orange
has requested contributions from cities in the County to assist
in providing security at the National Guard Armories in the winter,
when they are open for the homeless. The City of Orange has contributed $
5,000 to this trust fund set up by the county to pay for
security for the last two years. The County Board of Supervisors may be
considering not funding this program. It was recommended to make
the appropriation, but withhold payment until the County commits to
the program.Mayor Pro Tem
Barrera was reluctant to support this, without knowing how Orange benefited
from this.MOTION - Spurgeon SECOND -
Coontz AYES - Mayor
Beyer, coontz, Spurgeon
NOES - Barrera ABSENT - steiner Moved to
approve the appropriation
of $5,000
for the operation of the Santa Ana and Fullerton National Guard Armories for
the homeless this winter, subject to funding of this program by
the County of Orange.Page 4
171
CITY COUNCIL MINUTES AUGUST 20, 1991
4.REPORTS FROM COUNCILMEMBERS TAPE 652
4.1 Report from Councilwoman Coontz on the Auqust 8. 1991 Oranqe
Countv Inteqrated Waste Manaqement Commission meetinq.
OR1800.0.3.14)
MOTION - Spurgeon SECOND -
Coontz AYES - Barrera,
Mayor Beyer, coontz, Spurgeon ABSENT - Steiner Moved
to receive and
file report.5.REPORTS FROM BOARDS.
COMMITTEES AND COMMISSIONS TAPE 860 5.1 Appointment of
the followinq to the Recreational Trails Master Plan Committee as alternates: (
OR1800.0.19.5)Mary Anne Skorpanich Sharon
Spoolstra Graham Littreil
MOTION - Barrera
SECOND - Coontz
AYES - Barrera, Mayor
Beyer, Coontz, Spurgeon
ABSENT - steiner Moved to approve the aforementioned
alternates to the
Recreational Trails Master Plan Committee.5.2 Accept Jeff
Marta's resiqnation with
reqrets from the Community Development Block Grant Committee. and instruct the citv
Clerk to beqin Maddv Act requirements to fill the vacant
position.OR1800.0.8.3)MOTION - Coontz SECOND - Spurgeon
AYES - Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT -
Steiner Moved to
accept with regrets the resignation of Jeff
Marta from the
Community Development Block Grant Committee and instructed the City Clerk to advertise
the position pursuant to Maddy Act requirements.6. ADMINISTRATIVE
REPORTS - None 7. REPORTS FROM CITY MANAGER - None Page 5
172
CITY COUNCIL MINUTES AUGUST 20, 1991
8.LEGAL AFFAIRS TAPE 895
8.1 RESOLUTION NO. 7864 T4000.0 No. 14510)
A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission of the City of Orange and
approving the subdivision of property situated on the north side of
Taft Avenue, 500 feet west of Tustin Street (1515 East Taft Avenue).
Tentative Tract No. 14510, Clow & Clow, Inc.)
MOTION - Coontz SECOND -
Spurgeon AYES - Barrera,
Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That
Resolution No. 7864
as introduced be adopted and same was passed and adopted by the
preceding vote.8.2 RESOLUTION NO.
7865 T4000.0 No. 14510)A Resolution of the
city Council of the City of Orange upholding the recommendation of the Planning
Commission of the City of Orange and granting a Conditional Use
Permit to allow the creation of three lots without direct access to
a public street and modificaiton to previously approved Conditional Use
Permit No. 261 establishing a church use upon property
situated at 1515 East Taft Avenue.Conditional Use Permit 1908-
91, Clow & Clow, Inc.)MOTION - Spurgeon SECOND -
Coontz AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - Steiner That Resolution No. 7865
as introduced be
adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 7868 C2500.M.
15)A Resolution of the City Council of
the City of Orange approving the application for grant funds from the Orange
County Urban Parks Program for relocation of trees at historic
Hewes Park.MOTION - Spurgeon SECOND - Coontz AYES - Barrera, Mayor
Beyer, Coontz, Spurgeon
ABSENT - Steiner That
Resolution No. 7868 as introduced be adopted
and same was
passed and adopted by the preceding vote.Page 6
173
CITY COUNCIL MINUTES AUGUST 20, 1991
9.ORAL PRESENTATIONS TAPE 916
Alice Clark, 205 N. pine Street, addressed the Council regarding a
problem in her area with traffic speeding way over the limit of 25
m.p.h. She wants additional speed limit signs posted on Maple. She
feels there should be a stop sign at Maple/Harwood and
Cambridge/Maple should be a 4-way
stop.Council directed the Traffic Division to investigate the area
on Maple from Cambridge to Harwood, with the possibility of
stop controls. Additional speed limit signs are to be
posted.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY.
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:Potlatch Corporation vs. The cities of Aqoura Hills,
et aI, united States District Court Case No. CV 90-
3122 AAH.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 - Reverend Carl Lutz, st. Pauls Lutheran
Church 11.1 PLEDGE ALLEGIANCE TO THE
FLAG 11.2 ANNOUNCEMENTS - None
11.3 INTRODUCTIONS
Mayor Beyer introduced Marc Jabousek from Boy Scout Trout 152, who is
working on his citizenship in the Community badge.
11.4 PROCLAMATIONS - None 11.
5 PRESENTATIONS - None Page 7
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CITY COUNCIL MINUTES AUGUST 20, 1991
12.PUBLIC HEARINGS TAPE 1490
12.1 ORDINANCE AMENDMENT NO. 1-91. KEEPING OF MINIATURE
LIVESTOCK AND EXOTIC PETS. CITY OF ORANGE: (A2500.
0)Time set for a public hearing to consider Ordinance Amendment
No.1-91 to amend various sections of the Orange Municipal Code
to add provisions regarding the keeping of miniature livestock
and exotic pets on residentially
zoned property.NOTE: Negative Declaration 1369-91 has been
prepared
for this project.The Administrator of Current Planning reported in
August, 1990, the city Council directed Staff to prepare a report on
the impact of miniature livestock and large snakes to be kept in
the city's mUlti-family and smaller lot-
size single family residential zones.At the culimination of the
study, Ordinance Amendment 1-91 was drafted by Staff. The
Planning commission held two public hearings and one study session on this subject.
In addition, a great deal of Staff time went into the research
of the various types of animals that
could be considered under this ordinance.The Planning commission recommended
the city Council deny, or not continue with the proposed
Ordinance Amendment 1-91, but rather leave the City's ordinance relating
to animals the way it is, keeping regulations on livestock, exotic
pets and large snakes
the way the ordinance currently addresses
them.MAYOR BEYER OPENED THE PUBLIC HEARING.Council asked the
Administrator of Current Planning to reiterate the size of the lots which allow
these types of animals in the existing ordinance. The lot size must be 1/2
acre or 20,000 square feet
or larger according to the existing ordinance.A letter was received from
Sarah Dunkel, 10711
S. Meads, in support of the amendment.The following
people spoke in favor of the
amendment:Stephen Heilman, 1429 E. Oakmont.
Donna Heilman, 1429 E. Oakmont.Jo Trumbo,
3015 E. La Veta.Dale Trumbo, 3015
E. La Veta.Bob Bennyhoff, 10642
Morada Drive.They made the
following points:If the neighbors have no objection, pygmy goats should be
allowed.There is quite a size difference between a horse, which weighs
about 1,000 pounds, and a pygmy goat, which weighs less than 100
pounds.
Pygmy goats do not jump fences like a dog. Females do not have odors
and make less noise than a dog.Goats
do not have fleas, which is a problem with dogs.Page 8
1 7"
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CITY COUNCIL MINUTES AUGUST 20, 1991
12. PUBLIC HEARINGS (Continued)
Ordinances have been approved in certain cities allowing pot-bellied pigs.
Pygmy goats make wonderful pets. They are safe with children,easy
to take care of and very enjoyable.Any
pets cause a certain amount of problems, but dogs cause more problems than
pygmy goats.It would
be easy for Council to deny this, but some people feel they should be
allowed, that they are easier to care for than a dog or cat.Thefollowingpeople
spoke in opposition to the amendment:Marilyn Jensen, 1202
E. Mayfair Ave.She made the following
points:The pygmy goats do
have an odor, especially when families of them are allowed.The lots in
Orange are
too small to allow these animals.Council asked where the burden would
fall as to enforcement: would it be County Animal Control orCityCodeEnforcement? The Current Planning Administrator reported this question is
one of the reasons the Planning Commission recommended denial. ItwouldfallonourCodeEnforcementtodetermineifthe
animal was in compliance with the City Ordinance. The County'sregulationsforsanitarykeepingofanimalswouldalsoapply.Council feltthatstaffingproblemswould
be created for both the City and County, if the Ordinance
Amendment is approved. Council also commented this issue was studied
very thoroughly and carefully,with a great deal of Stafftimeinvested, and testimony of expert witnesses.THERE BEING NO OTHER SPEAKERS, MAYOR
BEYER CLOSED THE PUBLIC HEARING.MOTION - Coontz SECOND - Beyer AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - Steiner
Moved to uphold the Planning Commission recommendationthattheNegative
Declaration does not adequately address the impacts on surrounding
residences and the residential community of Orange as a
whole.MOTION - Beyer SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon
ABSENT - Steiner Moved
to deny Ordinance
Amendment 1-91, and retain the City's present ordinances
regarding animals.Page 9
176
CITY COUNCIL MINUTES AUGUST 20, 1991
13. PLANNING AND ENVIRONMENT - None 14.
REPORTS FROM COUNCILMEMBERS - None 15. ORAL
PRESENTATIONS - None 16. ADJOURNMENT MOTION -
Barrera SECOND -
Coontz AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - Steiner Moved to adjourn at
7:50 p.
m.pe:~~MARILYN J. SE ., C TY CLERK
B, ~/G ~YOR:Page 10