02-08-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 8, 1994
The City Council of the City of Orange, California convened on February 8, 1994 at 3:00 P.M. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1.OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Barrera, Coontz, Murphy ABSENT -
Mayor Beyer 1.3
APPROVAL OF MINUTES Regular Meeting
January 18, 1994.The City
Attorney reported, after reviewing the motion concerning Item 13.1, Tait &Associates for
Thrifty Oil, Page 8 of the minutes, it was recommended the motion be changed to
clearly reflect Council's intent at the public hearing.MOTION - Coontz
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer ACTION: Moved
to approve the January
18, 1994 Council minutes with the following wording change to the motion: MovedtocontinuethisapplicationanddecisiontoFebruary15, 1994,7:00 P.
M. Session with direction to staffand request the City Manager to require all departments involved topreparetoanswerquestionsregardingcriterianeededforrequiredfindingsintheeventCouncilvotedtodenytheapplicationorappropriateconditionstoimposeinthe
event Council voted to approve the application.Regular Meeting January 25, 1994.MOTION -
Murphy SECOND - Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy
ABSENT - Mayor Beyer
ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS _ None 1.5
PROCLAMATIONS - None
PAGE 1 I
CITY COUNCIL MINUTES February 8, 1994
2.CONSENT CALENDAR TAPE 116
2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a
regular meeting of February 8, 1994, at Onmge Civic Center, Main Library, Police facility
at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being
in the City of Orange and freely accessible to members of the public at least 72 hours
before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment
of demands.
ACTION: Approved.
2.3 Request Council approve Contract Change Order No.2 in the amount of $34,045.00 for
an increase in earthwork quantities; Chapman Avenue from Yorba Street to Santiago
Creek; Nobest, Inc.; Bid No. 934"()2. (A21oo.0.Agr.2135)
FISCAL IMPACT: $31,645.00 has been budgeted in ChapmanlYorba Intersection Funds
for this project. $10,000.00 in Arterial Street Maintenance Funds are budgeted and are
requested to use for this project.
ACTION: Approved.
2.4 Request Council award a contract in the amount of $505,388.97 to R. J. Noble Company
for street maintenance at various locations; Bid No. 934-12. (AI00.0.Agr.
2189)FISCAL IMPACT: $87,000.00 is budgeted in Arterial Street Maintenance; $100,000.
00 is budgeted in Canal Street Reconstruction; $200,000.00 is budgeted in Local
Street Reconstruction; and $118,388.97 is budgeted in Local Street Maintenance for this
project.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.5 Reject Bid Number 934-11, Softball, Basketball Officials Services and re-
bid for Softball Officials
only. (B4100.0)FISCAL
IMP ACT:
None.ACTION: Approved 2.6 Request Council approve a contingency fee agreement with the law
firm of Howarth &Smith for litigation services. (A21oo.
0.Agr.2190)FISCAL IMP ACT: This is a contingency fee agreement and no
payment for attorney services is due unless there is recovery for the City. Sufficient funds
provided in
Account No.
100-
CITY COUNCIL MINUTES February 8, 1994
2. CONSENT CALENDAR (Continued)
ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of the
City.
2.7 CLAIM FOR DAMAGE8 FROM: (C32OO.0)
Maria Carmen Lara
FISCAL IMPACT: None.
ACTION: Denied claim and referred to the City Attorney and Adjuster.
2.8 Request for the extension ofa 'no parking' zone located between 149 and 203 E. Lincoln
Avenue. (S4000.S.3.1.1)
FISCAL IMP ACT: This type of work is provided for in the department's normal
operating budget utilizing Traffic Safety Fund #250.
ACTION: Approved
2.9 Request for the removal of 'no parking anytime'restrictions on both sides of Walnut Ave.
west of Prospect St. (84000.8.3.1.1)
FISCAL IMP ACT: None.
ACTION: Denied
2.10 Request Council authorize the Police Department to proceed with a pilot laptop computer
program and transfer current appropriation ofSloo,ooo.OOfi'om. As. Seizure Fund 355
to General Fund 100. (C25oo.K)
FISCAL IMPACT: Funds are currently budgeted in the Asset Forfeiture Fund 355 for the
pilot laptop computer program. It is recommended that the appropriation of $1 00,000.00
be transferred from Fund 355 to Fund 100. It iunticipated that-savings realized in
the Police Department budget will offset this
appropriation..ACTION:
Approved REMOVED AND HEARD
SEPARATELY)2.11 Request Council approve an amendment to Resolution No. 8196 to waive the fee of$3.
00 per child for the "Kids Print Program" ifalternate funding is found. (C25oo.
K)FISCAL IMPACT: By waiving the fees, the maximum loss will be $6,000 per
year.The Police Chief explained they would approach thePT A and service clubs for
alternative funding to make up for the shortfal1. There will be a smaIl token fee, however, nochildwillbeturnedawayfromparticipatinginthe
program.PAGE
3
CITY COUNCIL MINUTES February 8, 1994
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
ACTION: Approved.r-..MOTION -
Murphy SECOND -
Spurgeon
AYES - Spurgeon, Barrera,
Coontz, Murphy ABSENT -
Mayor Beyer Item 2.11 was
removed and heard separately;
all remaining items on the Consent Calendar were approved/denied as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM MAYOR
BEYER- None 4. REPORTS
FROM COUNCILMEMBERS NON-AGENDA ITEM City
tax on Commercial and
Industrial Rental
Properties Councilman Murphy requested the City Manager to
submit a status report on this issue. The Chamber of Commerce had also expressed an
interest. The ordinance was adopted in 1958 but has not been enforced for a number
of years.Th~ City Manager indicated the problem was
there were two fees being assessed. One fee for the rental of the building and one fee
for the business being operated. The rental of the building under those circumstances would be where the owner
may have incorporated, and the b\,Jilding is a part of the corporateentity, therefore the license
collector is required to extract a fee.Council comments ensued relative to this issue
being brought up during past budget sessions. A previous councilmember had prevented this ordinance from
being carried out. It was a directive r-..to the Finance Department. The rest of
the Council was not aware of this directive.The City Manager was instructed to present
a status report at the February 22, 1994 Council meeting.5. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS -
None 6. ADMINISTRATIVE REPORTS - None PAGE 4 r
CITY COUNCIL MINUTES February 8, 1994
7. REPORTS FROM CITY MANAGER
7.1 Update on Emergency Preparedness Plan. TAPE 407
C2500.E.6)
The City Manager reported a synopsis of the plan should be provided to Council that is
immediately understandable for those who are called upon in an emergency episode. There needs
to be an update of dates, names and phone numbers which should also be reviewed periodically.
Also, recent laws and mandates should be included in the plan. There is nothing in the plan that
mentions volunteers, but the City ordinan<:e relates to volullteen. The plan needs tel address the
role of the volunteer.
Councilwoman Coontz reported dates for drills should be calendarized, with a timeline of events.
Further, the City Hall buildings need to be inspected for earthquake safety. A memo was received
from the Building Department indicating the Main Library had been inspected and is in good
condition. Inspections will be conducted on all buildings.
Mayor pro tem Barrera reported the Senior Center has noticeable fractures above the north door,
and requested this building be inspected.
Bob Bennyhoff, 10642 Morada Dr., asked what employee was in charge of the program. Fire
Chief Rowlett indicated it is Fire Marshall Clevenger who will be incorporating the changes in the
plan.
Councilmembers expressed concerns regarding the tying down of all office equipment,
workstations and bookshelves at the libraries for earthquake safety precautions.
8.LEGAL AFFAIRS TAPE 815
8.1 RESOLUTION NO. 8301
A Resolution of the City Council of the City of Orange partially approving a zone change requestfromM-l (Light Manufacturing), C-2 (General Business) and R-3 (
Residential Multiple Family)to a specific plan designation that identifies locations for multiple family,
residential mixed use,commercial, public facilities, open space park and light industrial on property located
on the north and south sides of Chapman Avenue between Pixleyand Olive Streets., both sides of
the 100 and 200 blocks of North Cypress and Lemon Streets, the east side of the 100 block
of North Pixley Street and the east side of the 300 block of North Cypress
Street. (Z1500.0)
Zone Change 1164-
93
City
of
Orange
MOTION SECOND
AYES ABSENT
Coontz Spurgeon Spurgeon, Barrera, Coontz,
Murphy Mayor Beyer
PAGE 5
I
CITY COUNCIL MINUTES February 8, 1994
8. LEGAL AFFAIRS (Continued)
That Resolution No. 8301 as introduced be adopted and same was passed and adopted by the
preceding vote.
8.2 RESOLUTION NO. 8302
A Resolution of the City Council of the City of Orange partiaIly approving a request to change the
General Plan from industrial to Old Towne mixed use and medium density residential (15 to 24
dweIling units per acre) on property located on the north and south sides of Chapman Avenue
between Pixley and Olive Streets, both sides of the 100 and 200 blocks of North Cypress and
Lemon Streets, the east side of the 100 block of North Pixley Street and the east side of the 300
block of North Cypress Street (Santa Fe Depot Specific Plan Area). (C2300.E)
General Plan Amendment Land Use Element 8-
93 City of
Orange
MOTION
SECOND
AYES
ABSENT Coontz
Murphy
Spurgeon, Barrera, Coontz, Murphy Mayor
Beyer That Resolution
No. 8302 as introduced be adopted and same was passed and adopted by the preceding vote.
8.3
RESOLUTION NO. 8303 A Resolution
of the City Council of the City of Orange approving Lot Line Adjustment LL 93-4 adjusting
a lot line of certain real property situated at Lots 17 and 18 of Tract No. 2265.C2500.
M.16.1)Owners:
Dorothy Green, and Emmanuel and Sara Gohil MOTION
SECOND
AYES
ABSENT
Spurgeon
Murphy Spurgeon,
Barrera,
Coontz, Murphy Mayor Beyer That
Resolution No. 8303
as introduced be adopted and same was passed and adopted by the ~preceding vote.8.4
RESOLUTION NO
8305 A Resolution of the
City Council of the City of Orange electing to be subject to Public Employees'Medical and Hospital Act
with respect to members of the Police Management Association and setting the employer's
contribution at the amount prescribed by Section 22825 of the Government Code. (11200.0.3.
1)I PAGE 6 II
CITY COUNCIL MINUTES February 8, 1994
8. LEGAL AFFAmS (Continued)
MOTION
SECOND
AYES
ABSENT
Murphy
Spurgeon Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8305 as introduced be adopted and same was passed and adopted by the preceding vote.8.
5 RESOLUTION
NO. 8306 A Resolution of
the City Council of the City of Orange electing to be subject to Public Employees'Medical and Hospital
Act with respect to members of the City of Orange Police Association and setting the employer'
s contribution at the amouat prescribed by Section 22825 of the Government Code. (11200.0.
3.1)MOTION SECOND AYES
ABSENT
Coontz
Murphy
Spurgeon,
Barrera, Coontz,
Murphy
Mayor Beyer That Resolution No.
8306 as introduced
be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO.
8307 A
Resolution of the City Council
of the City of Orange electing to be subject to Public Employees'Medical and Hospital Act with respect
to members of the Orange City Firefighters Inc., Local 2384 of the International Association of
Firefighters, AFL-CIO setting the employer's contribution at the amount prescribed
by Section 22825 of the Governrnent Code. (11200.3.1)MOTION SECOND AYES ABSENT Spurgeon
Barrera
Spurgeon,
Barrera,
Coontz,
Murphy Mayor
Beyer Moved
to continue this resolution indefinitely.
8.7 RESOLUTION
NO. 8308 A Resolution of the
City Council of the City
of Orange electing to be subject to Public Em'ployees'Medical and Hospital Act with respect to City Council
members anq setting the employer's contribution at the amount prescribed in Section 22825 of
the Governrnent Code. (11200.0.3.1)PAGE 7 f
CITY COUNCIL MINUTES February 8, 1994
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
ABSENT
Murphy
Coontz Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8308 as introduced be adopted and same was passed and adopted by the preceding vote.8.
8 ORDINANCE
NO. 4-94 An Ordinance
of the City Council of the City of Orange enacting the Santa Fe Depot Area Specific Plan
by amending Section 17.06.020 of the Orange MuBieipalCode and approving the reclassification of
property located on the north anllllOUth sides of Chapman Avenue between Pixley and
Olive Streets, both sides of the 100 blocks of North Cypress and Lemon Streets and the east
side of the 100 block of North Pixley Street. (ZI500.0)Zone Change
1164-93 City
of Orange MOTION
SECOND
AYES
ABSENT
Barrera
Spurgeon Spurgeon,
Barrera, Coontz,
Murphy Mayor Beyer That Ordinance
No. 4-94
have first reading waived and same was set for second reading by the preceding vote.9. RECESS
TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Art
Eastman, AAMCO Transmission
dealer, 1753 Batavia, announced a new program to get guns off the streets called, "
Guns for Discount". Participants will receive an AAmco service credit.The kickoff event will
be held February 14, 1994 at the Orange Police Building, at 10:00 AM.,1107 N. Batavia, Orange.
Corinne Schreck, 446 N.
James, asked if there had been any ordinances over the past 5 to 7 years that were obsolete. The
City Attorney remarked that ordinances are updated and amended.However if there are
ordinances that are obsolete, they would have to be repealed by Council.The last complete revision
of ordinances was done in 1973.Dave Ault, 1131 N.
Bluegum Avenue, Anaheim, representing Taorminia Industries, complained about their drop-off
bins being impounded while situated on State property. Mr. Ault requested the return of
the impound fee of$l, 540.00, and upon receipt of the City's check for his services,Mr. Ault will
donate the City's check back to the Kids Print Program.I PACE 8
CITY COUNCIL MINUTES February 8, 1994
10. ORAL PRESENTATIONS (Continued)
Ault further requested the City call Taorminia Industries if there is a problem with the placement
of the drop-off bins in the future to prevent the charge of impound fees. The City Manager
was directed to discuss this problem with Mr.
Ault.Carole Walters, 534 N. Shaffer, complained there is confusion when the public hears
from employees that Council is directing staffinstead of the City Manager. The City
Manager explained the Council/City Manager form of government. The City Manager oversees
the Department Heads and their functions, with the exception of the City Clerk and the
City Treasurer. The City Manager is accountable to the City
Council.Mrs. Walters commented a resident had called her indicating they had planted an
unauthorized tree in their parkway. Mrs. Walters felt the penalty, a misdemeanor for planting an
unauthorized tree was too harsh and should be changed. (C25oo.M.
15)Mayor pro tem Barrera instructed the City Manager to review the
situation.Mrs. Walters also asked if the Council Chambers was earthquake
proof?Mayor pro tem Barrera indicated the building was on the list for
inspection.11.
RECESS The City Council recessed at 4:00 P.M. to a Closed Session for the following
purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code
Section 54956.9(a), to
wit:City of Orange vs. Refco Securities, Inc., NASD Arbitration No.
92-03685.City of Orange vs. Moreland & Associates, Orange County Superior Court Case
No. 70-13-96.b. To confer with its attorney to decide whether to initiate
litigation pursuant to Government Code
Section 54956.9(c).c. To meet and give directions to its authorized representative
regarding labor relations matters pursuant to Government
Code Section 54957.6.
Item d was deleted.e. To consider and take possible action upon personnel matters
pursuant to
Government Code Section 54957.
Item f was deleted.g. 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
CITY COUNCIL MINUTES February 8, 1994
NOTE: The City Council recessed at 5:45 P,M, to a Study Session ill the Weimer Room
regarding Traffic Engineering Surveys and Posted Speed Limits.
12. ADJOURNMENT
NOTE: Due to an expected lack of quorum there was no 7:00 P,M. Session.
MOTION
SECOND
AYES
ABSENT
Barrera Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
The City Council
adjourned at 6:45 P.M.d~&~/2~~MARILYN
1.%NS ,CITY CLERK GENE
BEYER GENE
BEYER MAYOR
BY:FRED
L.
BARRERA
MAYOR PRO TEM
PAGE 10