10-15-1991 Council Minutes2'; 2 APPROVED BY CITY COUNCIL ON NOVEMBER 12,
CITY COUNCIL MINUTES
OF A REGULAR MEETING
1991.
ORANGE, CALIFORNIA
OCTOBER 15, 1991
The City Council of the city of Orange, California convened this 15th
day of October, 1991 at 3:00 p.m. in a Regular Meeting in the Council
Chambers. 300 E. Chapman Avenue. Oranqe. California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/
ANNOUNCEMENTS/INTRODUCTIONS Councilman Spurgeon reported
a Register newspaper article claimed Newport Beach
was the only city conducting Council business, and not
in attendance at the League of California cities convention. For
the record, the City of Orange is not sending delegates this
year, and is conducting Council business. He would
like a retraction. The City Manager will take care of
it.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 October 15,1991, 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.REMOVED AND HEARD
SEPARATELY)
2.2 Request approval
for the expenditure of $3,000 from Fund 355 to pay for the
destruction of over 3,000 Ibs of cocaine and other contraband. (C2500.K)
Councilwoman Coontz removed this
item because Staff has been requested to put the
fund number with the name attached to it on the agenda.Page
1
253
CITY COUNCIL MINUTES OCTOBER 15, 1991
2. CONSENT CALENDAR (Continued)
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.2.
3 Request
from the Junior Woman's Club of Orange and the Project Concern International to
waive fees regarding the 5K mini walk, a Walk
For Children, to be held on November 2, 1991 from 7:00 A.
M. to Noon. (PI300.0.9)ACTION: Approved, subject
to staff stipulations.2.4 Approve
an agreement with Rancho Santiago College to install landscape improvements along
Newport Blvd. (A2100.0 A.1859)ACTION: Authorized the
Mayor and City Clerk to execute agreement on behalf
of the city.2.5 Approve
a split award of Bid No. 912-10, "Miscellaneous Vehicles," to
Villa Ford, Orange, CA., in the amount of 34,878.
00 and to S & C Ford, San Francisco, CA., in the amount of $
45,940.00: and reject all other bids. Account No.720-1331-
472102 (Replacement Vehicle Fund). (A2100.0 A.1860
A.1861)
ACTION: Approved.
2.6 CLAIMS FOR DAMAGES FROM:C3200.0)
a. HENRY TRUONG, et ale for an alleged incident occurring on
or about August 28, 1991.
b. M. BRIAN, DEBORAH & KELLIANNE MURPHY, for an alleged
incident occurring on or about July 17, 1991.
ACTION: Denied claims and referred to the City Attorney and
Adjuster.
2.7 Request from Chapman University to waive all fees and deposits
regarding the Haunted Crypt Halloween event scheduled October
25-31, 1991 from 7:00 P.M. to ll:OO P.M. Funds are
being raised for the Community Service Volunteer Program. (PI300.0.
9)ACTION: Approved subject to staff
stipulations.Page
254
CITY COUNCIL MINUTES OCTOBER 15, 1991
2. CONSENT CALENDAR (Continued)
2.8 Request for additional budget appropriation of $30,000 from
Unappropriated Water Fund Reserves to Account No.
600-8001-471301 (Furniture, Machinery,
Equipment Additions)for purchase of pavement roller and trailer. (
C2500.P)
ACTION: Approved.REMOVED AND
HEARD SEPARATELY)2.9 Request to waive all fees for the Cystic Fibrosis
Foundation's two day 150K Cycle Tour on October 19 and 20, 1991.(PI300.
0.9)Council asked if the Police Department had
reviewed this request. The City Clerk indicated the item had
been reviewed by Sergeant Weinstein. Council would like an
indication on the agenda material that the Police Department
has reviewed and
approved it.MOTION -
Spurgeon SECOND - Coontz
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION:
Approved subject to staff stipulations.2.
10 Request approval of a legal services agreement with Ernest Brown
and Company to assist in civic Center Remodeling Project,
not to exceed $3,000. (A2100.0 A.1862)ACTION:
Authorized the Mayor and City Clerk to execute on behalf
of the City.2.
11 Request for special budget appropriation of $2,000.00 from the City'
s Unappropriated Reserves for administrative costs of Growth
Management Areas 3 & 4. (OCI300.D.4.3)ACTION:
Approved, and instructed the Finance Department to place $
2,000.00 into the Local Training and Conferences Fund 250-
5031-
429400.REMOVED AND HEARD
SEPARATELY)2.12 Request approval of a Professional Services Agreement with
LRC Systems for Owner's Representative Services associated
with the Civic Center Short Term Remodel project at a cost
of 39,960.00 from Account No. 500-
1311-481200-9808-19813 (Civic Center Expansion) (72% of total $55,500
cont.).(A2100.0 A.1863)Council asked if this contract
dollar amount changes if the remodeling project takes on
a reduced form. The City Manager's office indicated the
contract has the flexibility to reduce the
Project Manager's
work accordingly.MOTION -
Barrera SECOND - Steiner AYES - Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon
255
CITY COUNCIL MINUTES OCTOBER 15, 1991
2. CONSENT CALENDAR (Continued)
ACTION: Authorized the Mayor and City Clerk to execute on
behalf of the City.
2.13 Request to relinquish access rights to Santa Ana Canyon Road
in association with the processing of Tentative Parcel Map
90-290, and Variance 1887-90 for the property located
at 1535 Ila Drive (Continued from 9/24/91 and 10/8/91) (
Bank of Westminster) (C2500.M.16.1
No. 90-
290)ACTION: Denied.2.14 Request approval from st. John's Lutheran Church
to block off Center Street between Chapman and Almond
Avenue, October 27,1991 from 7:00 A.M. to 1:00 P.M. to hold
a special ministry exhibition. (
S4000.S.4)ACTION: Approved subject
to staff stipulations.
MOTION - Barrera SECOND -
Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon
Items 2.2, 2.9, and 2.12 were removed and heard separately. All
other items on the Consent Calendar were approved/denied as
recommended.
END OF CONSENT CALENDAR
3.REPORTS FROM MAYOR BEYER TAPE 366
Mayor Beyer indicated he had two reports. The first is a request
from a group of Orange High School students who wish to start a
volleyball program at their high school. They are raising $2,500 on
their own. In addition, they have requested $2,500 from the city,
1,500 of which would be a grant, and a $1,000 loan, to be paid back
by June, 1992. Mayor Beyer indicated this was not a precedent in
spending, because in the past, the city has sent groups from schools
on various trips. (RI200.0)
The City Attorney opined before action can be taken on these items,
Council must make a finding that the need arose after the agenda was
posted. This motion must be adopted by a two-thirds
vote.Councilwoman Coontz felt this item was precedent-setting
and should not be put on the agenda for consideration, if Council is
not going to go along with it, because they have a deadline. Her
concern is there are 18 other athletic groups at Orange High School. This
is a group that has
just started.
256
CITY COUNCIL MINUTES OCTOBER 15, 1991
3. REPORTS FROM MAYOR BEYER (Continued)
She feels the group should ask the superintendent for an extension of
the deadline so they can meet their goal. It isn't that much money
in the context of today's society, but she thinks if Council starts
giving groups like this dollars, especially in a shortfall situation,
council could be asked to donate money to Villa Park High School
groups, Orange High School groups, etc. Mayor Beyer mentioned this
has been done in the past. Councilwoman Coontz said, "We're talking
about now, because the school district is in a tight budget
situation, just as we are. Perhaps a foundation that they could form
would assist them."
Councilman steiner commented, there are really two issues. One is
the motion for the urgency status, and he supported that motion to
allow full discussion of the agenda item, and felt a vote on that
should be taken. Councilwoman Coontz said she had a question on it.
They have a deadline, which she thought was that day. She felt
Council was agendizing something after the fact of their deadline.
MOTION - steiner SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved that the
need to take action on the following items arose after the agenda was
posted.Kristen Weilmuenster, ASB
Commissioner of Athletics, addressed the Council, requesting $2,
500 in the form of a grant or loan, because they are on
a tight deadline. They have known for only a month,since the first
day of school September 4, that they need $5,000 to start a Boys'
Volleyball team. They are in the process of fund raising. They have
a Christmas tree lot, but they can't sell them in October. The Choral
group and a lot of the teams in operation now are fund raising
and are using the businesses around town as sources for their fund-
raising, so they are at a disadvantage, since boys'volleyball doesn'
t start until February 24. The other sports, such as football,
have been fund raising since this summer.The 18
other sports at orange High are sponsored by the district.Since there
are 11 boys' sports and only 7 girls' sports, they have to maintain
a certain ratio of boys' vs. girls' sports. The district doesn't
have the money to fund and cannot support another boys'program. It
must be funded by the students themselves. Villa Park has funded
their program. The basic donation was given last year by a group
of parents. At Orange High, they are at a disadvantage.They don'
t have parents willing to give the money up front, unless they know
their child is going to be on the team. Parents are willing to
be part of a booster club, but it has to be established after the
team is already started.Page 5
257
CITY COUNCIL MINUTES OCTOBER 15, 1991
3. REPORTS FROM MAYOR BEYER (Continued)
Councilwoman Coontz asked, "I would think to give a loan, you would
have to have some guarantee through the organization, that you will
receive that money in return. It's a business deal. What is the
organization?" Ms. Weilmuenster said there is a bank account for
boys' volleyball at orange High School. Also, a formal request
letter was sent to Mayor Beyer. She didn't know if that could be
used as a legal contract, but the minutes could include any
conditions. Councilwoman Coontz felt this should be looked into.
Would the school district be responsible for paying us back, if the
volleyball group could not? The Associated Student Body would be
responsible for the loan, according to the ASB representative.
Councilman steiner asked how many students were interested in getting
into the volleyball program. The ASB representative indicated she
has 70 signatures of boys interested in the volleyball team. He
asked if the ASB would provide the other $2,500. She said they are
matching a loan, not to exceed $2,500.
Mayor Pro Tem Barrera commented he would support this because so many
thousands of dollars is spent on the other kids, that cause
problems. When he sees a group like this, for that small amount of
money, and with their commitment of paying some of it back, he feels
they deserve the community support. The schools aren't going to make
it, if the community doesn't get in there and help them. citizens
have to get involved in the schools in every way possible. This is
one instance.
Mayor Beyer asked the city Attorney if this could be voted on
immediately. He said an immediate vote was permissible, since the
motion on urgency passed.
Councilwoman Coontz commented again, "As I said, we have been in a
budget shortfall, and we have not proceeded on a number of things
that are needed in the city of Orange. I think that once we start
doing this, who else is going to come to us. Right now, we perhaps
have more money than the school district. But, there may be a day
when we don't, because the economy certainly isn't improving. I
think there are additional opportunities for parents to get involved,
and it is the responsibility of the parents in the school district,
not the responsibility of the Councilmembers of the City of Orange."
Councilman spurgeon commented, "One of the hardest things for me,
especially as the newest member of the Council, is learn to say no,
especially when a group of three outstanding achievers or young
citizens come up to me in the office and talk about this and what
their plans and visions are. Again, I feel when we allocate tax
payers' money, and are coming off at close to a $3 million deficit
last year, because our sales tax is down, somebody has to draw the
line. I will be happy to work with them in terms of trying to find
assistance, but we would be setting a precedent, and I'm not sure it
is the purview of this Councilor this city to be supporting directly
funds that are school-related funds. This is about the toughest '
no'that I've had to say. That's where I'm going to be coming
from."Page
258
CITY COUNCIL MINUTES OCTOBER 15, 1991
3. REPORTS FROM MAYOR BEYER (Continued)
Councilman Steiner commented, "I wanted to offer an alternative, and
I hit my button before the vote was taken." The Mayor asked the City
Attorney if we could back up: he indicated it could be done. The
vote is wiped out. "I cannot support the motion as presented in its
current form, for the reasons that have been mentioned by
Councilmembers Spurgeon and Coontz. However, the issue really is an
urgency of a deadline. There is no question in my mind that Orange
High School has the capability of raising this $5,000 over a period
of several months. Certainly those of us that were at the all-
class picnic at Hart Park a couple weeks ago, know the tremendous
resources of Orange High School alumnae and graduates, in supporting
programs that are worthy. I would vote no on your motion in its current
form,but I believe that if this were a loan, rather than a grant to
these students with the great certainty of repayment to the City, I
would support
that."
MOTION
SECOND
AYES
NOES Barrera
Mayor Beyer Barrera,
Mayor Beyer Steiner, Coontz,
Spurgeon Moved to approve
funds of $2,500: $1,500 of which would be a grant and $1,000
of which would be a loan to the Boys' Volleyball Program at Orange High
School.Motion fails.Councilman
steiner felt
the loan should be approved in the amount of 2,500, with
repayment by June, 1992, on the basis that there is a likelihood there will
be successful fund raising by Orange High School and with
the understanding of the urgency of the deadline today.Councilman steiner
believes
it should be supported. He drew Council attention to item
2.2, where the City just spent $3,000 to destroy 3,000 pounds
of cocaine. He feels this is a good faith effort to support Orange High
School's volleyball program, to give it the start that it needs,
with the understanding this money would be repaid.The money to
come from the Advertising and Promotion fund.Councilman Spurgeon asked
if Councilman steiner would be friendly to any amendment to
the motion, in terms of a guarantee by the Associated Student Body,
or somebody guaranteeing this loan in terms of repayment. Councilman
Steiner felt the only body that has the fiduciary responsibility for
that guarantee is the Board of Trustees of the Orange
Unified School District. He did not feel the ASB could make that guarantee.
Therefore, he felt Council must proceed on faith and knowledge
of Orange High School's fund-raising capability over time,
to have this be repaid. In meeting with these students,Council gave
them a number of suggestions for fund-raising. One Councilmember
already wrote out a check to them personally. He feels Council
should proceed on faith that the funds will be repaid to the City
of orange.Page
7
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CITY COUNCIL MINUTES OCTOBER 15, 1991
3. REPORTS FROM MAYOR BEYER (Continued)
Councilman Spurgeon said the Orange High School ASB would not only
match, but would back the loan, in case the fund raising failed
within the time limits. Councilwoman Coontz commented that reference
was made to the Jaycees, but the Jaycees were already in a
contractual arrangement with the city of Orange, to put on the May
Festival. They were doing something in conjunction with the City of
Orange, whereas this is a different case.
Councilwoman Coontz feels council is getting into dangerous ground,
regardless of what the amount is, if Council is making a contractual
agreement with a group that is not a business entity and has no
non-profit status, or any other kind of status that you can
go after. She thinks that to the public, it looks like Council
is helping the young people, but it sets a precedent. What is
Council going to do when the next group comes, because all of these groups
do marvelous things for the young people. She has also suggested
fund raising ideas to them and would be happy to try to help them set
up some kind of a foundation. She has never done it before, but
the information is accessible, and Council could help them in that
way.She feels that would be to their best benefit, because if
council gives them this money now, what about next year and the year
after that. They have to be self-reliant in today'
s society.Councilman steiner commented the school
representatives have indicated this is a one-time request. He agreed that
if council were to give a grant, there would be a parade of
unfunded and underfunded organizations at every Council meeting throughout
the Orange Unified School District, as well as other non-
profit organizations in the City of Orange. In a loan arrangement, the City
is a partner with Orange High School. They have as much responsibility
to be an equal partner as the City. If other entities were
to come before the Council and make those kinds of representations,
they would have to be dealt with individually and on their own
merits, and be supported or not supported. He feels this is a
reasonable compromise and he believes this group of 60-70 students will be
able to fund raise and
repay the City of Orange.Councilwoman Coontz asked if a group in
the public sector is loaned money and does not pay it back, whether that
becomes a gift of public funds by definition. The city Attorney opined
if the loan is made and a contract is signed for the loan, with
a promissory note, and it is not paid back, the Council would then have
to make a decision on whether to sue the group that
signed the contract and promissory note. He cannot make an immediate decision
as to whether this would be a gift of public funds, if the City didn't
pursue the debtor in a situation like that. He will research the
matter
and get back to Council.Councilman Spurgeon asked for clarification of
the name of the group,if they have a tax I.D. number? Is
the group non-profit? The Orange High ASB representative indicated
the account set up through the school
is entitled '
260
CITY COUNCIL MINUTES OCTOBER 15, 1991
3. REPORTS FROM MAYOR BEYER (Continued)
Councilman Spurgeon asked the City Attorney before a check was
written, if it would need a tax ID number. The city Attorney opined
it would be wise to find out exactly the status of the group who
would sign the contract. It could be signed by an individual, but
then the individual would be liable, if there is a default on the
agreement. Councilwoman Coontz felt, on this basis, the questions
should be answered and the matter considered at a later date.
Councilman Steiner asked to have his motion voted upon. Councilman
Spurgeon wanted to know who the funds were going to, before he
approved any city funds, no matter what the amount. The ASB
representative indicated the account was set up through Orange High
School, and the check could be made out to Orange High School, with a
memo indicating designated funds for Boys' Volleyball, and it would
go to that account. The Mayor indicated this is an ASB fund, which
is audited by the ASB auditor, and the school district.
Councilwoman Coontz still felt that legal questions had not been
answered and questions about how the financial department in the City
operates, and what their policies are. She still felt it was
precedent-setting and all the questions had not been
answered.Councilman Spurgeon asked if this would be a legitimate transfer
of funds, if a check was written to the Orange High School. The
city Attorney opined that if the check was written to Orange High
School,that entity would be responsible for paying it back.
Councilman Spurgeon asked Councilman Steiner if he would be amenable to
having that included in the motion. Councilman Steiner agreed to
this
amendment.Councilman Coontz said her question still had not been answered.
It still was not determined if it was legal. The City
Attorney indicated the transaction was legal, as far as a loan made by
the City to this program. The test would be whether it's for a
public purpose, or for a public benefit. If the Council finds this
youth program serves a public purpose, they can make a grant or
loan.There may be some details as to who is going to be the debtor in
this case, which is the issue before the council. Who is going to pay
it
back?MOTION - Steiner
SECOND - Spurgeon AYES -
Steiner, Barrera, Mayor Beyer, Spurgeon NOES - Coontz
Moved to approve
a loan of $2,500.00 to Orange High School, to be designated for the
Boys' Volleyball Program. Loan to be repaid by June, 1992.Page
9
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CITY COUNCIL MINUTES OCTOBER 15, 1991
3. REPORTS FROM MAYOR BEYER (Continued)
Mayor Beyer indicated there was a second item of an urgent nature,
for Council consideration.
The' Library Director indicated equipment needed for the full load
response time performance test which was scheduled for Thursday,
October 17th will not be available by that date. She proposed the
library be closed on Thursday, October 31, 1991 from 6:00-9:00 p.
m.C2500.
1)MOTION - steiner
SECOND - Coontz AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that
the need to take action on the above item arose after the posting of
the agenda.MOTION - steiner
SECOND - Mayor Beyer
AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to approve postponing the
closure of the library to Thursday,October 31, 1991, as recommended
by the Library Director, to conduct the full load response time
performance test.4. REPORTS FROM COUNCILMEMBERS - None
5.REPORTS FROM BOARDS. COMMITTEES AND
COMMISSIONS TAPE 1166 5.1 A recommendation from the
Economic Development Committee reqardinq a consultant team to prepare
the Santa Fe Depot Specific Plan. (A2100.0 A.1864)The
Advance Planning Administrator reported in
October, 1990, Council approved the railroad depot land use
plan in concept, and directed the Staff to prepare a specific
plan for that area, with attention to such things as urban design, addressing
existing uses, and the question of conformance, the reuse of
the depot itself, the parking and traffic situation, and the retention
of the historic park at the depot.The specific plan project is
a
multi-faceted, therefore non-traditional specific plan. It
includes four significant elements. One is a
land-use strategy plan, that of private revitalization of the
area, the converting of uses within the area from industrial and
automotive uses to retail office and residential,utilizing financial incentives
through the assistance of the Redevelopment Agency, and
allowing for existing uses to remain as conforming uses.Page
10
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CITY COUNCIL MINUTES OCTOBER 15, 1991
5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued)
The second major portion of the study will be an urban design plan,
that of determining how to enhance the historic character of the area
by retaining historically significant structures, establishing an
architectural theme, possible street closures and special sound
attenuation matters related to the railroad tracks themselves.
The third part will be a transit plan, including the starting up
again of the railroad station as a commuter stop for the Oceanside to
Los Angeles trains, and the relocation of a transfer point between
the Glassell Street and Chapman Avenue bus routes, thereby a
multi-modal
station.The fourth aspect is a landscape plan: enhancing landscaping
design,focusing on the park area at the railroad depot. The Staff team
of Doug Keys and Bob Bailey from Public Works, Steve Soto from
Economic Development, Dan Ryan from Current Planning and the Advance
Planning Administrator have reviewed proposals, interviewed the
consultants and developed a recommendation on a consultant, which was
presented to the Economic Development Committee. Staff received 36 letters
of intent on this project, interviewed 3 consultant teams out of
9 proposals
received.Staff recommends hiring Archiplan Urban Design and their team
for four basic
reasons:1) This team has been working on similar projects in
Southern California in recent
times.2) Same team members have successfully worked together
on similar
projects.3) The team responded particularly well to the Staff'
s questions at the interviews, demonstrating extensive knowledge
of project
issues.4) The proposal by the Archiplan group is within the
budget identified in the RFP of $35,000 in
total.Staff presented their recommendation to the Economic
Development Committee on October 2, and the Committee took action to present
that recommendation to the City
Council.Councilwoman Coontz mentioned that the original scope of the
project,which was devised by the Southwest Redevelopment Design
Guidelines Committee, and the approval of the City council, was not as large
as the current boundaries. She asked for clarification of the
current boundaries. She mentioned this has also been reviewed and
approved by the Old Towne Steering
Committee.Page
263
CITY COUNCIL MINUTES OCTOBER 15, 1991
5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued)
The Advance Planning Administrator indicated the study will include
the commercial properties on the south side of Chapman Avenue. The
study area also includes a portion of the block north of Palm, just
east of Cypress streets, which is a proposal to convert that area
from residential to office professional, as a transition between the
Cypress Street residential community and the industrial property
along the A T & S F Railroad. The boundaries are Pixley to the east
side of Lemon Street and Palm to the south side of Chapman.
Mayor Pro Tem Barrera asked when the Anaconda property would be
included. The Advance Planning Administrator indicated this property
is a key element to the project, because it is a major ownership and
it will contain the majority of the residential use in the future.
Daniel Thompson, 289 N. Sacramento, addressed the Council regarding
his idea of converting the railroad depot into a restaurant, bar and
banquet area, with a museum in the basement. He presented Council
with copies of his proposal which he has sent to the Redevelopment
Agency.
MOTION - Coontz SECOND -
Barrera AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve
the recommendation of Archiplan Urban Design Collaborative Team as
consultants to prepare the Santa Fe Depot Specific Plan and
authorize the Mayor and city Clerk to execute a contract on behalf
of the city.6.ADMINISTRATIVE REPORTS
TAPE 1560 6.1 Report
from the citv Enqineer reqardinq the recommendation bY the Street Name
Committee concerninq the Teamsters request to chanqe the name of
Marks Way to Teamsters Way. (S4000.S.3.6)The city Engineer
reported the request of the Teamsters to change the name of Marks
Way to Teamsters Way was reviewed by the Street Name Committee. Since their
property is the only property that fronts on the street, the
Teamsters feel there would be no hardship in changing it, thereby gaining
designation and recognition for their organization.Staff researched
how
the street became named Marks Way. It was named for Cecil Marks,
who was a member and Executive Secretary of the orange County Farm
Bureau. When the road was built in 1957,including the Farm
Bureau building, which was done a little earlier,the name Marks
Way was adopted in his honor. Mr. Marks was active in the community until
his death about one year ago. The Farm Bureau building is now
occupied by the Carpenters' Union, whose frontage is on Chapman Avenue,
rather than Marks Way.Page 12
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CITY COUNCIL MINUTES OCTOBER 15, 1991
6. ADMINISTRATIVE REPORTS (Continued)
Mr. Marks was a historian, a political activist, a long-time
resident and a politician, dating to when the County was a farm county,
and not an urban county. Committee members and Staff were contacted
by people who heard about the request, making their feelings known.
The following people have asked that their objections to this request
be passed on to Council. Their names
are:Ann Sullivan
Mr. and Mrs. Thomas Fay Huddleston Mark
Murphy Patty Bagwell
victor Johnson Mrs.
Clavens Edith Van
Delden Paul Zinc
Duncan Clark Charlie Piester
Lorraina Rudat The
committee felt that
because there was
historical significance to
this road, it was not in the City's best
interest to recommend changing it. The Applicants were informed of this report and
it was suggested they withdraw their request. They feel strongly about it
and are requesting reconsideration by the Council.The Carpenters' Union
has suggested the street be named Union
Way.Councilwoman Coontz mentioned that the Historial society was contacted, did
some research and wrote a letter, which is
included in the agenda packet. There is also another two-page historical
research paper. (Copies on file in City Clerk's
office.)The following people spoke in favor of the name
change:Ed J. Mireles, 1208 So. Kings Crt. Dr., Anaheim.
Lee Kearney, 15561 Cully Drive.Bob Hahn, 7620 E. Briarcrest.
Judy Hahn, 7620 E. Briarcrest.
They made the following points:Teamsters
Local 952 has been located at
the present site for more
than 40 years.They own all the property with a Marks Way address.
They are the
only Teamster affiliates of the International Brotherhood of Teamsters with a
charter to service Orange County.The organization takes an active
role in the community, such as the Orangewood Children's
Home, Children's Hospital of Orange County,Casitas de San Jose and
the Red Cross.They are willing to pay for any costs
incurred in making the street name change.They
have some 13,000 members who live in the area.They are big
supporters of the
community.Page 13
265
CITY COUNCIL MINUTES OCTOBER 15, 1991
6. ADMINISTRATIVE REPORTS (Continued)
There is no street in Orange County named after the Teamsters, and they
feel they deserve the recognition.Sunkist
had a street named after them, so the precedent has been established.The
proponents
feel that only about 1% of the people that use Marks Way know
from whence the name came.A petition was
presented from 25 UPS drivers who deliver in the City of Orange, in
support of the name change.The following people spoke
in opposition to the name change:Alice Clark, 205 N.
pine Street.Duncan Clark, 205 N. pine
Street.Barbara DeNiro, 1118 E. Adams.They
made the following points:Many of
the residents of the City
of Orange, which is steeped in historic preservation, would resent the name change which
has such historic importance.Many of the old time ranchers
belonged to
the farm bureau. Cecil Marks served for more than 30 years as the
Secretary-Treasurer of the Farm Bureau.Cecil Marks was one of the
original subdividers
of the property.Perhaps the union should have some recognition on a
street, but this should not be the one to have a name
change.It is a travesty to change a street name right
after someone dies.Councilman Spurgeon indicated his decision would be based upon the
historical
significance vs. contributions made by the union in the community.
Councilwoman Coontz said she has a strong interest in the
history of Orange. The ranching industry was the backbone of this
community. She was in favor of keeping the name, but perhaps
the union could be honored in some other way. Councilman Steiner felt
there should be a balance in giving proper recognition to both
Mr.Marks and the Teamsters Union. The location of the Teamsters Union
for 40 years, the fact that they are the only entity
on that street,and their substantial contributions to the community deserves recognition. Mr. Marks
has also made substantial contributions. He suggested there
should be a greater recognition of Mr. Marks, than
having his name on one short street. He suggested one of
the future larger streets could be named in his honor.Mayor Beyer felt
the street name should not be changed, due
to the historical significance. Mayor Pro Tem Barrera suggested the Teamsters could be
honored by a street named after them in
the future.Page 14
266
CITY COUNCIL MINUTES OCTOBER 15, 1991
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND -AYES
NOES
Coontz
Spurgeon
Mayor
Beyer, Coontz, Spurgeon Steiner,
Barrera Moved
to retain the name of Marks way for the street so designated,and
look for other forms of recognition for the Teamsters Union. The Mayor
and another Councilperson, to be designated by the Mayor, to assist
in that effort.6.
2 3191
Update
on local and reqional water conservation issues. TAPE C2500.
P)The
Assistant Water Superintendent reported water conservation programs
have been very successful in the City of Orange. Last February,
the Metropolitan Water District implemented a program to reduce
imported water deliveries by 30%. Since only a portion of Orange'
s supplies come from MWD, this meant 10% to the city of orange.
Since February, overall water usage in Orange has been 14%less
than that used during the same period last year. county-wide,
the average reduction was 18%. At the same time, ground water
pumping has also been increased, to further reduce the demands on MWD
systems. The result is that orange has not only met the 30% MWD
reduction targets, but has been 20% below those targets since
February. In other words, the MWD deliveries have been reduced by
over 50%.
There have been overall reductions of imported usage of 38%.
Unfortunately, MWD has almost put themselves out of the water
business. without the drought, demand for MWD water this fiscal year
is expected to be 2.6 million acre feet. Current estimates are now
for sales as low as 1.6 million acre feet. This has had a
significant adverse affect on MWD's revenues. There is concern that
they will not be able to satisfy the coverage ratio requirements for
recent revenue bond issues.
MWD is considering a rate increase, to be effective in March, 1992,
in the neighborhood of 41-47%. This would mean additional costs
to the City of approximately $200,000, or nearly 2% of the budget
this fiscal year, and approximately a 7% budget increase next
fiscal year. The MWD board is expected to make a decision on this
rate proposal in
December.Councilwoman Coontz commented that MWD does not have to answer to
the electorate, like the Council. The Assistant Water
superintendent indicated this is a very unpopular proposal. They will be
embarking on a PR program to justify it. It is possible the rate
increase won't be that large. The City is working through Municipal
Water District of Orange County, because the City does not have a
direct voice in MWD (Metropolitan Water District), to protest the amount
of the rate
increase.Page
267
CITY COUNCIL MINUTES OCTOBER 15, 1991
6. ADMINISTRATIVE REPORTS (Continued)
Mayor Beyer offered to write a protest letter from the Mayor and City
Council. The Director of Public Works commented that Southern
California cannot allow its major water importer to go broke. There
will have to be a balance between their being able to stay solvent
and meet their obligations and the rates that have to be passed
along. This item was brought to the attention of the Council so they
would know that staff is working to come up with indices that could
be used in future water rate increases, as had been suggested by
Councilman Spurgeon.
Mayor Beyer commented this is MWD's reward for conservation.
Councilwoman Coontz asked if there were projections this would
happen. The Director of Public Works indicated that Staff knew this
might be a possibility. Councilwoman Coontz mentioned this is a
problem for business and industry, and especially for people on fixed
incomes.
Councilman Spurgeon mentioned he had looked at the table of water
rates printed in the newspaper for all the cities in Orange County.
The City of Orange, even with the recent raise in rates earlier this
year, was still the fifth lowest in the County, out of about 20-
30 entities. He hoped that if and when this rate increase hits,
Orange would still be in this fifth lowest position as far as
rates.MOTION - Barrera
SECOND - Spurgeon AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to
receive and file report.7. REPORTS
FROM CITY MANAGER 8.LEGAL
AFFAIRS TAPE 3642 8.1
ORDINANCE NO. 19-91 S4000.S.3.1)An
Ordinance of the City Council of the City of Orange prohibiting parking
on public streets on specified days and at specified times for
the purpose of street sweeping.MOTION -
Mayor Beyer SECOND - Barrera
AYES - Barrera, Mayor
Beyer, Coontz, Spurgeon NOES - Steiner That Ordinance
No. 19-91
have second reading waived and be adopted and same was passed
and adopted by the preceding vote.Page 16
268
CITY COUNCIL MINUTES OCTOBER 15, 1991
8. LEGAL AFFAIRS (Continued)
8.2 RESOLUTION NO. 7889 A.2100.0 A.1865 A.1866 A.1867 A.1868)
A Resolution of the City Council of the city of Orange directing
initiation of proceedings under the Mello-Roos Community
Facilities Act of 1982 and employing consultants in connection
therewith.Community Facilities Dist. No. 1991-1 Serrano
Heights Project)MOTION -
Coontz SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 7889 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 Corinne
Schreck, 446 N. James, addressed the Council regarding the Orange
Villa Apartments, where the fencing is blocking off one of the streets.
It has been repaired recently, but children are crawling under
the fence and squeezing between the gates when they are closed.
She is afraid someone will get hurt and wants the fence secured
more permanently. The City Manager will check into the matter.
Mayor Pro Tem Barrera mentioned another fence that should be fixed,
on the corner of McPherson and Spring, where the Resource Center
is located. That fence has been lifted. The City Manager was asked
to have this fence checked as well.RECESS
The
city Council recessed at 5:10 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 Oranqe vs. Donald Greek, Orange County Superior Court Case
No. 64 27 01.b.
To consider and take possible action upon personnel matters pursuant
to Government section 54957.c.
To confer with its attorney regarding potential litigation pursuant
to Government Code section 54956.9(b) (1).Page
17
CITY COUNCIL MINUTES OCTOBER 15, 1991 269
7:00 P.M. SESSION
11.INVOCATION - given by Ron Thompson, city Manager 11.
1 PLEDGE ALLEGIANCE TO THE FLAG 11.
2 ANNOUNCEMENTS Mayor
Beyer announced the City Council voted 5-0 to extend the City
Manager's contract to August 31, 1994.
11.3 INTRODUCTIONS - None 11.
4 PROCLAMATIONS - None 11.5
PRESENTATIONS TAPE 3857 First and
Second Quarter, 1991 Business and Industry Beautification Awards were
presented by Tito Parola, Committee Chairman, as follows: (ORI800.
0.8.6)commercial Doubletree
Hotel
100 S.
The City Drive Hilton suites
400 N.
State College Non-Profit
Holy
Family Cathedral Parish 566
S. Glassell Street Apostolic
Church 259
S. Park Street Refurbished
Olde
Cambridge Market & Deli 135
S. Cambridge Street Kentucky
Fried Chicken 708
N. Tustin Street Industrial
Island
Products 393
N. cypress Street Office
Associated
Laboratories 806
N. Batavia Street IBS
Management, Inc.1740
W. Katella Avenue Scott
Yuing Ting Yuan 3138
E. Chapman Avenue Page
18
270
CITY COUNCIL MINUTES OCTOBER 15, 1991
12. PUBLIC HEARINGS
12.1 APPEAL NO. 390. CONDITIONAL USE PERMIT NO. 1922-91. MIGUEL
A.EIZENGA: (A4000.0 No.
390)Time set for a public hearing on petition by Miguel A. Eizenga
to appeal the decision of the Zoning Administrator on September 5,
1991,denying Conditional Use Permit No. 1922-91 to allow
the on-premise sale of beer and wine in conjunction with the
operation of an existing restaurant, Taqueria El Guerito, located at
2815 E. Chapman Avenue. The subject property is zoned
C-
l (Limited Business District).NOTE: This project is categorically exempt
from the provisions of the California Environmental Quality Act (
CEQA) per state
CEQA Guidelines, section 15303.THE APPELLANT STATES THE
FOLLOWING REASON FOR APPEAL:The denial of my Conditional Use
Permit Application (CUP # 1922-91)is depriving my restaurant business of
the same privileges that are enjoyed by other restaurants in the area
under
the same C-l zone classification."The CUrrent Planning
Administrator reported the restaurant has an inside seating capacity
for approximately 20 people. Outdoors, there is a patio area that seats approximately 16.
In order to get to the patio area, you must leave the
restaurant and walk around. There is no direct access from the
restaurant. The Applicant is proposing to serve beer and wine only to
the interior portion of the restaurant.A protest letter was
presented to the zoning Administrator. A similar letter was also forwarded
to the Dept. of Alcoholic Beverage Control. The Zoning Administrator
denied the application, based on a number of reasons, primarily because
the nature of the restaurant is one of takeout, rather than a
sitdown restaurant. It was the zoning Administrator's opinion that
this situation might lead to people walking off premises with
open containers of beer and wine.Councilman spurgeon asked if the
Appellant's allegation is true. The Current Planning
Administrator indicated other restaurants in the area serve beer and wine, but the setup
is different from the one in question. Councilwoman
Coontz commented that other businesses, not just restaurants, with small
sandwich counters sell beer and wine.Some of them have outdoor seating, but
the signs say they are not allowed to bring alcohol
into the area. The CUrrent Planning Administrator indicated Staff had
not done any research on other businesses like this, to see if
there was a problem with open
containers of alcohol leaving the premises.
MAYOR BEYER
CITY COUNCIL MINUTES OCTOBER 15, 1991
271
12. PUBLIC HEARINGS (Continued)
The following people spoke in opposition to the application:
Jean Stevens, 2740 Sherman Avenue.The
following points were made:The
people inside the restaurant would not be able to tell if someone was
drinking on the patio, because of the setup.They do
not feel there is adequate control when people leave the restaurant.They are
concerned
about minors who come to this establishment,which is more of
a takeout place, than a restaurant.The Appellant spoke in
favor of the appeal:Miguel Eizenga, owner of
the restaurant at 2815 E. Chapman Ave.He made the following points:
He feels there is complete
visibility, and he feels he can control the area.He and his brother
work at
the business and they know how to handle it.THERE BEING NO FURTHER SPEAKERS,
MAYOR BEYER
CLOSED THE PUBLIC HEARING.Mayor Pro Tem Barrera felt that
beer
complimented this type of food,and it would probably inspire his business
to be able to sell beer with his food. The zoning allows it,
so if the Appellant feels it can be controlled, it should be allowed.
He would support it, since with any type of violation, he could
lose his permit.Councilman steiner asked Staff why the CUP
is required, since it is a commercial land use designation. The Current Planning
Administrator indicated a CUP is reviewed by the
Zoning Administrator for any application for beer and wine, before the
ABC will issue a license.Councilman steiner clarified there is accountability from
ABC, if there are any violations, and the City
of Orange. Councilman Spurgeon commented the ABC cannot be counted
upon for enforcement purposes, because they are having about two-
thirds of their staff cut, including many of their enforcement
people. Enforcement will primarily have to be done by
the city of Orange.MOTION - Mayor Beyer SECOND - Spurgeon AYES -
Mayor Beyer, Spurgeon NOES -
Steiner, Barrera, Coontz
Moved to deny Appeal No.
390, based on the same
concerns of the Zoning Administrator. MOTION LOSES.Page 20
272
CITY COUNCIL MINUTES OCTOBER 15, 1991
12. PUBLIC HEARINGS (Continued)
Council discussed whether to make a condition that the CUP be
reviewed at a specific later date. It was mentioned this matter can
be brought back to the Council for action, or reversal of the CUP at
any point. Putting a time limit on it seemed to be a moot point.
MOTION - steiner SECOND -
Barrera AYES - Steiner,
Barrera, Coontz NOES - Mayor Beyer,
Spurgeon Moved that Appeal No.
390, Conditional Use Permit No. 1922-91, be approved, with the
four conditions recommended by Staff as follows:1. All alcoholic
beverages shall be consumed entirely within the restaurant building,
and not in the outdoor patio area.2. The business
shall be maintained as a bona-fide restaurant.3.
Compliance
with all Alcoholic Beverage control requirements.4.
If
not utilized, Conditional Use Permit 1922-91 will expire
in two years from the approval date.13.
PLANNING AND ENVIRONMENT TAPE 5333 13.
1 Request for the installation of NO STOPPING ANYTIME-TOW AWAY
restrictions to facilitate the installation of traffic signals and
left turn lanes in proximity to the following intersections:
S4000.S.3.7)
1) Collins Ave. at Shaffer st.
2) Collins Ave. at Cambridge st.
The Traffic Engineering Technicians reported the issue before Council
is not whether the signals are to be installed. These are already in
the Capital Improvement Program for this fiscal year. Both of these
intersections meet the minimum warrants for signalization, based on
minimum vehicular volume and accident experience. Installation of
these signals has been on the CIP for some years, and they are
currently scheduled for 1991/92 installation. As part of this
project, left turn lanes should be added on all approaches to the
intersection to improve traffic safety and provide acceptable levels
of service. The Traffic Division Staff has looked at all the various
alternatives.
Page 21
273
CITY COUNCIL MINUTES OCTOBER 15, 1991
13. PLANNING AND ENVIRONMENT (Continued)
In order to provide the necessary travel lanes within the existing
right-of-way, on-street parking would need to be removed
for at least 350 feet on each of the Collins legs and 280 feet on
each of the Shaffer Street/Cambridge legs. There is one variation
to that, at the easterly end of the project, where they
are recommending some additional parking restrictions at Waverly, in order
to also provide a short left turn
pocket at Waverly.The parking removal and installation of left-
turn lanes was reviewed by the City Traffic Commission.
They are recommending Council approve implementation of this project,
with the left-turn pockets.At the Traffic Commission
meeting, several other
options were discussed, as follows:No project - no parking removal,
no signal installations and continue to
operate with 4-way stops.Limited parking removal - remove parking
on Collins Ave. only and restrict left turns on Shaffer st.
and Cambridge st.
in conjunction with signalization.Left turn restrictions
during the peak hours.No left-turn restrictions -
provide signalization without any parking removal or left-turn
pockets, and restrict
left turns on all approaches.Councilwoman Coontz indicated she was
confused in reading the staff report on this item, as to
whether the Traffic Commission actually made a recommendation and if so,
what the recommendation was. Also,what the expectations are
for the different alternatives. The Traffic Engineering Technician
clarified the Traffic Commission's recommendation is to restrict the
parking as outlined, and install left-turn pockets
on all approaches, at both intersections.Traffic studies show traffic volume is
high all day long, not just during peak hours. Mayor Pro Tem
Barrera asked about the dip on Cambridge at COllins, and whether
anything would be done about this when the traffic signal
was installed. The city Traffic Engineer reported they would like to see
a major conversion of cross gutters and the change to those
similar installed at Shaffer and Cambridge.Whether this is done depends on
Council's
decision on the matter before them.Councilwoman Coontz commented
the City has a Traffic Commission,which deals with these
situations regularly. She felt Council was being asked to sit as
the Traffic Commission. Staff indicated the Traffic Commission did get
into the various alternatives and their recommendation is to reject
these other options. At Council's request, the various
alternatives reviewed by the
Traffic Commission
274
CITY COUNCIL MINUTES OCTOBER 15, 1991
13. PLANNING AND ENVIRONMENT (Continued)
Councilwoman Coontz asked about enhanced intersections. The Traffic
Division Staff indicated they were not warranted in this case.
The following people spoke in opposition to the project:
Robert S. Pike, Jr., 495 E. Collins Avenue.Derrick
Grainger, 425 E. Collins Avenue.Carol Walters,
534 N. Shaffer.Meriba Falcon, 890
N. Cambridge.Debbie Sims, 825 E.
Collins.Julie Wiseman, 720 E. Collins.
They made the following points:Council
can reconsider the signalization issue.
A petition with 82 names of people
living in the area who are opposed to the project was presented.Badly needed
parking will be lost by residents.
Noise pollution will be increased.Property values will be
decreased.The neighbors claim the majority
are opposed to the project.They
claim there is no demonstrated need for the project.There has
been no increase in volume of traffic over the past few
years.Signalization will increase the speed of the accidents and make them much more
serious.
The area is entirely R-l and since it is residential,
it should not have
signals.It will be difficult for the residents to get out of their
driveways.Council should
consider the neighbors opinions, since they have to live with the situation.The
people
using the streets will try to outspeed the lights,which could
be dangerous, especially for
the children around the schools in the area.From the corner of
Cambridge on Collins all the way to Glassell,there are
no posted speed limit
signs. Perhaps it should be posted to slow some of the traffic down.
When the signals go in, Collins will end up being another Katella
or Chapman Avenue, turning a residential neighborhood
into a more commercial area.Where would the residents park, if the street
parking is taken away? The City Traffic Engineer agreed the
removal of
parking would be a hardship to the residents. This project has been
under discussion for about 15 years, and parking has always been
the issue. He said the homes affected by this would have
only four parking spaces, rather than the usual six for residences (
2 in garage, 2 in driveway, 2 on the street).Alice Clark,
205 N. Pine Street, asked for clarification of the Traffic Commission
recommendation.Barbara DeNiro, 1118 E. Adams, asked if
Katella's being prepared as a super street would have any affect
on Collins. The
City Traffic Engineer indicated the type of traffic Katella serves is quite
different. It is through traffic, going freeway to freeway.Page 23
CITY COUNCIL MINUTES OCTOBER 15, 1991
275
13. PLANNING AND ENVIRONMENT (Continued)
The City Traffic Engineer indicated turn restrictions cause the
distribution of traffic to be changed in an area. People find
alternative routes.
The following people spoke in favor of the project:
Hartford Smith, 750 N. Pine.Earl
Struck.Charles Bradley,
638 E. Collins.They made the
following points:These traffic signals
will improve safety for all Orange residents.These intersections are
very
dangerous, with many accidents, and something needs to be done.
We should listen to the
City's Traffic experts and their recommendations.Councilwoman Coontz felt there were
too
many options to consider.The petitions came after the Traffic
Commission met. She felt Council needs a study Session with
the Traffic Commission.Councilman Spurgeon commented that the Traffic
commission minutes indicate the matter was reviewed in
November, 1989. He asked why it had taken so long for the
matter to get to Council, and whether anything had happened in the interim.
The city Traffic Engineer mentioned one of the reasons was
they were asked to come up with additional options. Councilwoman Coontz felt people
will go through traffic lights just as easily as
they go through stop signs.Whatever is done, safety is a
concern.The city Traffic Engineer indicated safety
is a major concern at each of these intersections. The principal reason
for changing a 4-way stop to a traffic signal
deals with the efficiency of the 4-way stop. The 4-way
stop should be the safest. The accident history at these intersections has
increased. There were the same number of accidents in the
first six months of 1991 as the whole year of 1990.Councilman Steiner felt
there would be nothing gained by continuing the matter. The
Traffic Commission and Staff have both made recommendations to Council.
Councilwoman Coontz commented that generally Council has
the opportunity to review matters of this nature in a
Study Session beforehand, which in this case was not done. Councilman Spurgeon
commented the Traffic commission has not had a chance
to review the additional options which were developed by Traffic Division Staff.
MOTION - Barrera SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spwtgeon Moved to continue the matter to
a Joint Study Session with the Traffic commission on December 5th, and
the December 10th city Council meeting.Page 24
27t>
CITY COUNCIL MINUTES OCTOBER 15, 1991
14. REPORTS FROM COUNCILMEMBERS - None 15.
ORAL PRESENTATIONS TAPE 2-1475
15.1 Presentation by Ted Foltz, President, Santiago Creek Estates
Homeowners' Association, 692 N. Adele, Orange, regarding problems in
their mobile home park. (Continued from 10/8/91) (MI800.M.l)
Ted Foltz, 692 N. Adele #50, Santiago Creek Estates, said they have
127 mobile homes with 230 residents and only a part-time manager.
In 1988, the same group addressed the Council. At that time, they
had no on-site manager. The owner appointed a family member
as a resident full-time manager. However, he is only there
on a part-time basis. He has not been able to enforce any
of the rules and regulations the homeowners have
agreed to abide by.They want a full-time manager who
will control and maintain what happens in the park. He makes no
decisions: the decisions are made by Mrs. Hu, the owner. Council asked
if Mrs. Hu was available on-site occasionally. Mr. Foltz indicated
in the past, she did not respond to correspondence, so he has made
it a habit to send letters via registered mail. She
refuses to negotiate with the homeowners.Councilman Steiner felt it was a
violation of the Health and Safety Code for
there to be no manager present.The following people
spoke on behalf of the homeowners:Vaughn
Andrews, Santiago Creek Estates #84.
The following points were made:The park has deteriorated from a five-
star park, to
a 'no-star park' in quality.The
facilities are in terrible condition.There is a conflict of interest as to
who is the manager.They are paying top-notch rent and this should
be the
finest park in Orange.They are asking for guidance from the council as
to
how to proceed.Kathryn Hu, 692 N. Adele Street #47, owner and
manager of the property, also addressed the Council. Mrs. Hu stated
she did not know why Mr. Foltz was coming to council. She
invited Council to visit the park. The Resident Manager is her brother,
and he cannot be there
all the time.Council directed the City Manager, Code
Enforcement, the City Attorney and appropriate City Staff to determine if
there are any Health and Safety Code violations. Depending upon
the outcome, they will be in touch with Mrs. Hu, or her
legal representative. Council and Staff will visit the park for
an
on-site
277
CITY COUNCIL MINUTES OCTOBER 15, 1991
15. ORAL PRESENTATIONS (Continued)
Carol Walters, 534 N. Shaffer, asked the Council why Chapman
University is not using the parking underneath the new dorm. Mayor
Beyer indicated he would be visiting there and will find out. The
neighbors are wondering how much light is going to be shining in
their houses when cars come up. Chapman is not answering their
questions. City Staff takes Chapman at their word, and she does not
feel Chapman is being up front with Staff. Council asked the City
Traffic Engineer to assess the light hitting the neighboring houses.
There is another issue with the college students and the permit
parking. A girl had a black permit like the neighbors have. She
said her boyfriend had an extra one and gave it to her. She offered
to work with the city next year to have the college kids issued a
different color for a certain year. She is having a problem with
kids parking across her driveway at 2:30 p.m. This is at the end of
school, with Orange High School students. Mayor asked the Police
Dept. Staff to check this situation for her.
Alice Clark, 205 N. pine Street, indicated she would not be able to
attend the Study Session on October 16, but wanted to be sure the EIR
takes care of any great influx of traffic on Cambridge Street.
ADJOURNMENT
MOTION - Barrera SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon The City Council
adjourned at 9:50 p.m. to a Joint Study Session,October 16, 1991
at 6:30 P.M. in the Weimer Room for a presentation by P & D
Technologies on the Draft Report and citizens' responses to the LaVeta Ave./
W. Chapman Ave./Main st. Widening Study Environmental Impact Report.9?
7~/t'
A'~~. ~~~MARIL NJ.
J EN'f;MC. I YLERK Page 26