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05-24-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA MAY 24, 1994 The City Council of the City of Orange, California convened on May 24, 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, Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon, Barrera (arrived at 3:05 P.M.)1.3 APPROVAL OF MINUTES Regular Meeting May 10, 1994.MOTION - Coontz SECOND - Murphy AYES - Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon, Barrera ACTION: Approved. Regular Meeting May 17, 1994.MOTION - Murphy SECOND - Coontz AYES - Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon, Barrera ACTION: Approved.1.4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTION Police Chief Robertson gave anupdate on the recent homicide investigation which occurred at the Australian Beach Club. The suspect was apprehended in Quincy,California, and is being flown to Fullerton Airport today to be taken to the Santa Ana jail for arraignment.1.5 PROCLAMATIONS Proclamation honoring Kiwanis International on their 40th birthday was presented to former Mayor, Don Smith, Charter Member of Kiwanis International.PAGE 1 CITY COUNCIL MINUTES MAY 24,1994 2.CONSENT CALENDAR TAPE 303 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of May 24, 1994, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. 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 appropnatlOns for current balances in existing Police Department donation revenue accounts for Canine and SWAT, and Gangs. FISCAL IMP ACT: None. These funds have been donated to the Police Department with a specific request for their use. (C2500.K) ACTION: Approved. 2.4 Request Council approve an agreement with James and Susan Knight to connect 16582 Buena Vista Avenue to City-owned sewer. (A2100.0.Agr. 2220)FISCAL IMP ACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.5 Request Council approve an agreement with William and Alberta Henness to connect 16572 Buena Vista Avenue to City-owned sewer. (A2100.0. Agr 2221)FISCAL IMP ACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.6 Request Council approve an agreement with John and Linda Crary to connect 8632 Palm Avenue to City-owned sewer. (A2100. 0.Agr.2222)FISCAL IMP ACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.7 CLAIM FOR DAMAGES FROM: (C3200.0)C. K. Pump and Dewatering Corp., dba C. K. CITY COUNCIL MINUTES MAY 24,1994 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: None. ACTION: Denied claim and referred to City Attorney and Adjuster. 2.8 Request Council approve an Agreement with Larry Faber for drainage improvements at 2238 N. Shaffer Street. (A2100.0.Agr.2223) FISCAL IMP ACT: Sufficient funds have been budgeted in Account No. 530- 5011-483400-5381 (Storm Drain - Orange-Olive) $100,000.00. No additional appropriation is requested.Action: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.9 Request Council authorize transfer of $28,248.31 from California Literacy Campaign Grant regular salaries account to accounts: Professional and Consulting Services,Printing, General Office Supplies, Miscellaneous Materials and Supplies, andPostage. C2500.I)FISCAL IMPACT: Transfer $28,248.31 from Account No. 200-2001- 411102-9912 Regular Salaries) to:14,248. 31 - Account No. 200-2001-426700-9912 5,000.00 - Account No. 200-2001- 427601-9912 1,000.00 - Account No. 200-2001-441101-9912 7,000.00 - Account No. 200-2001-441600-9912 1,000.00 - Account No. 200-2001- 421200-9912 The transfer of these funds will enable the Literacy program to conduct various workshops and training prior to the end of the fiscal year.ACTION: Approved.2.10 Request forthe removal of theschool crosswalk at the intersection of Collins Avenue at California Street/Lynn Drive. (S4000.S. 3.5)Discussion: Councilmembers asked if the height of the warning flashers could be lowered to the same height as the flashers located on Glassell Street in front of Holy Family Church. People tend to ignore the flashers when they are placed too high. The Traffic Engineer indicated there would be no problem to adjust the height.FISCAL IMPACT: Funds are not currently available for implementation of the recommended improvements. Funding for the work will be included in the fiscal year 1994/95 Capital Improvement Program.ACTION: a. Denied the removal of the school crosswalk. b. Approvedthe installation of a CITY COUNCIL MINUTES MAY 24, 1994 2. CONSENT CALENDAR (Continued) MOTION - Barrera SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy All items on the Consent Calendar were approved/denied as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4.REPORTS FROM COUNCILMEMBERS TAPE 1135 Councilman Murphy requested the City Manager and staff return to Council with a report regarding a potential schedule for Council meetings with alternative starting times. It was suggested having two meetings per month with the third being optional. Also, explore options on starting the sessions later in the day so more people will be able to attend.Councilwoman Coontz indicated instead of changing the ordinance that regulates the meetings and times, meetings could be canceled. Further, it was suggested to include in the report a review of what has occurred in the past when meetings were scheduled at a later time.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 411 5.1 Request from the Traffic Commission for the installation of 'No Parking Anytime'restrictions on Cambridge Street between Almond and Chapman Avenues. (S4000.S.3.1.1)FISCAL IMP ACT: Funding for this type of work is provided in the department normal operating budget under Fund No. 250-5032-427100.The Assistant Traffic Engineer reported the request was initiated by the residents to reduce parking conflicts, increase pedestrian and bicycle safety. The Traffic staff completed studies involving parking, traffic counts, and pedestrian movements in the area. The studies were presented to the Traffic Commission which indicated volume has increased from approximately 6,000 cars to 9,000 cars a day on Cambridge over the past year; there is more bicycle traffic today than there was one year ago; and there is considerable more parking demand on Cambridge especially on the north end which has resulted in an increase in pedestrian crossings. The Traffic Commission made the following recommendations:a. Deny the request for 'No Stopping Anytime' restrictions on Cambridge Street between Almond and Chapman Avenues.b. Re- implement the 'No Parking 7:30 - 9:00 a.m. and 2:30 - 4:00 p.m. on School Days' on both sides of Cambridge Street between Almond and Chapman Avenues.Page 4 CITY COUNCIL MINUTES MAY 24, 1994 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) c. Accept request for driveway vision zones pursuant to approval by the City Traffic Commission. d. Approve the installation of red curb markings in the transition areas on Cambridge Street. The following people spoke in favor of the Traffic Commissions' recommendations: Gil Larrimore, 180 S. Cambridge Maria Szegiowska, 143 S. Cambridge Gary Meserve, 153 S. Cambridge Richard Carlson, 159 S. Cambridge Their comments were expressed as follows: The neighbors have a right to park in front of their homes and do not want to give up their parking. Parking from the restaurant which is open seven days a week from 10 to 11 :00 P.M. has caused problems. People park their cars in the driveway approaches and in some cases in front of the driveways. This has also caused hazardous situation with school children traversing the bicycle lanes. Recommended the bikeway to be reinstalled. The City's Business License Manager conveyed to Mr. Carlson the restaurant is not licensed to operate for businesses and gatherings. This is advertised in their brochure and The Register newspaper. This is generating 40 cars on the weekends, and if the vision zones are implemented the cars will overflow into the nearby streets. Councilwoman Coontz indicated the City Traffic Engineer had recommended to the owner of the restaurant that he seek outside parking. The Assistant Traffic Engineer reported this has been suggested but was unsure of the follow through. The Assistant Traffic Engineer reported a plan will be developed incorporating the recommendations and the residents will be contacted to participate. The plan will be presented to the Traffic Commission for approval. MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the Traffic Commissions' recommendations "a" through "d" as listed in the minutes. Item " d" was amended to include the transition areas on both sides of Cambridge Street directly south of Chapman Avenue.The City Manager was instructed to follow through with the concerns and complaints presented by the neighbors. All speakers to be notified if this item returns to Council for action.Page 5 CITY COUNCIL MINUTES MAY 24, 1994 6. ADMINISTRATIVE REPORTS The Director of Public Works announced the approval of the Oracom Agreement will be scheduled for the May 31, 1994 Adjourned Regular Council Meeting. Oracom is the contractor for the City's used oil recycling collection program. 7. REPORTS FROM CITY MANAGER- None 8.LEGAL AFFAIRS TAPE 1109 8.1 RESOLUTION NO. 8333 A Resolution of the City Council of the City of Orange declaring surplus that certain vacant parcel of real property situated on the south side of Santiago Canyon Road across from Hunters Way and setting forth the conditions for sale of said property. (p2500.0.1) MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8333 as introduced be adopted and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 8336 A Resolution of the City Council of the City of Orange approving an application for grant funds for the California Integrated Waste Management Board for local government Used Oil Opportunity Grant Program to expand existing program for certified collection of used oil and accompanying education of residents. (C2500.M.1.1)MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8336 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 8337 A Resolution of the City Council of the City of Orange upholding the recommendation of the Zoning Administrator of the City of Orange and granting a Conditional Use Permit to allow the off-sale of beer and wine in conjunction with the sale of motor fuel upon property situated at 1234 Main Street. (C3300.0) Applicants: Grady Hanshaw and Bob Hancock Conditional Use Permit No. 2048-94 Page 6 CITY COUNCIL MINUTES MAY 24, 1994 6. ADMINISTRATIVE REPORTS (Continued) MOTION SECOND AYES NOES Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8337 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 ORDINANCE NO. 9-94 An Ordinance of the City Council of the City of Orange amending the Orange Municipal Code by adding Chapter 5. 43 to Title5 pertaining to Tattoo Parlors. (A2500.0)MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 9-94 have second reading waived and be adopted and same was passed and adopted by the preceding vote. 8.5 ORDINANCE NO. 10- 94 An Ordinance of the City Council of the City of Orange amending Section 17.90.030 of the Orange Municipal Code relating to length oftime a legal non-conforming residential structure may be replaced. ( A2500.0)MOTION SECOND AYES Barrera Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 10-94 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 Bob Bennyhoff, 10642 Morada Dr., asked the status of the Fire Chief?The City Manager remarked the Fire Chief is out on medical leave until the end of June. At that time he plans to retire. In the interim, Dave Rudat has been appointed as acting Fire Chief.Howard DeCruynaere, President of the Santiago Creek Greenway Alliance Committee, expressed comments in support of Proposition 180 for parks and wildlife.Page 7 CITY COUNCIL MINUTES MAY 24, 1994 10. ORAL PRESENTATIONS (Continued) Carole Walters, 534 N. Shaffer, commented in opposition to Proposition 180 indicating it will cost the taxpayers a lot of money. Corinne Schreck, 446 N. James, commented if people are going to use this type offorum to discuss their views on ballot propositions, both pros and cons should be presented. Mrs. Schreck felt this not the right forum to be doing it in. 11. RECESS MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 3:55 P.M. to a Study Session in the Weimer Room regarding the 1994/95 Budget.MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recess at 5: lOP .M. to a Closed Session for the following purposes:a. Conference with Legal Counsel--existing litigation pursuant to Government Code Section 54956.9(a), to wit:L. Bazan vs. City of Orange, Orange County Superior Court Case No. 71-32-24.Gutierrez vs. City of Orange, Orange County Municipal Court Case No. 28-08- 20.City of Orange vs. Insurance Co. of North America, Orange County Superior Court Case No. 71-84-93.National Advertising vs. City of Orange, United States District Court Case No. CV 85-4968 Tlli(Kx).The following litigation cases were deleted from Closed Session:City of Orange vs. Moreland and Associates, Orange County Superior Court Case No. 70-13-96.City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685.b. Conference with Legal Counsel--anticipated litigation. Initiation oflitigation pursuant Government CITY COUNCIL MINUTES MAY 24,1994 11. RECESS (Continued) NOTE: This item was deleted from Closed Session: Significant exposure to litigation pursuant to Government Code Section 54956.9(b). (One potential case.) c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. City Negotiator: Orv Placial, Personnel Director. Employee Organizations: Supervisory and Middle Management; Professional, Technical and Clerical; Water; and Executive Management, Staff Management & Labor Confidential. d. 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. 12. ADJOURNMENT MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 5:55 P.M. to a Joint Study Session with the Planning Commission on Tuesday, May 31, 1994 at 4:00 p.m. in the Weimer Room regarding: a. Preliminary Seven-Year Capital Improvement Program, and b. Draft Affordable Housing Plan.st~~MARILYN 1. NSIlN",CITY CLERK Gene Beyer GENE BEYER MAYOR FRED L. BARRERA MAYOR PRO TEM Page 9 CITY COUNCIL MINUTES MAY 24, 1994 7:00 P.M. SESSION NOTE: DUE TO AN EXPECTED LACK OF QUORUM, THERE WILL BE NO 7:00 P.M. SESSION. 13. INVOCATION 13.1 PLEDGE OF ALLEGIANCE TO THE FLAG 13.2 ANNOUNCEMENTS 13.3 INTRODUCTIONS 13.4 PROCLAMATIONS 13.5 PRESENTA TIONS 14. PUBLIC HEARINGS 15. PLANNING AND ENVffiONMENT 16. ORAL PRESENTATIONS 17. ADJOURNMENT Page 10