11-22-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
NOVEMBER 22, 1994
The City Council of the City of Orange, California convened on November 22, 1994 at 4:30 P.M.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 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 NOTE: Mayor
Beyer was present for the Closed Session only.1.3
APPROVAL OF MINUTES Regular Meeting
November 8, 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 2.CONSENT CALENDAR
TAPE 39 2.1 Declaration
of City Clerk Marilyn J.
Jensen declaring posting of City Council agenda of a regular meeting of November 22, 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.PAGE 1
CITY COUNCIL MINUTES NOVEMBER 22, 1994
2. CONSENT CALENDAR (Continued)
2.3 Request Council approve Contract Change Order No. 1 and Final Payment ofHCD Street
Improvements: Olive, Clark and Berkeley, Bid No. 934-26, in the amount of$2,848.92
to R.J. Noble Co. (A2100.0.Agr.
2240)FISCAL IMPACT: Request an additional appropriation of$2,848.92 to Account
No.310-
6055-473300-
1326-00000.ACTION: Approved.2.4 Request Council approve Contract Change Order No. 1
and Final Payment ofHCD Street Improvements: Primrose, Emerald and Halyard, Bid No.
934-25, in the amount of 9,401.44 to R.J.
Noble Co. (A2100.0.Agr.2239)FISCAL IMPACT: Request an additional appropriation of $9,
40 1.
44 to
Account No.310-6055-473300-13 26-00000.ACTION: Approved.2.5 Request Council approve
appropriation in the amount of $40,000.00 fromUnappropriated Reserves
in Park, Acquisition and Development Fund. (C2500.M.4.2)
FISCAL IMPACT:
Appropriate $40,
000.00 in Account No. 510-7021-485100-
0525 portola Ballfields).
ACTION: Approved.2.6 CLAIMS FOR DAMAGES FROM: (
C3200.0)a. Mario Abernathy b. County of
Orange - X-Ref
Eric Feldman c.
County of Orange - X-Ref Peter Kurzweil c. Franklin Wagner
FISCAL IMPACT: None.ACTION: Denied Claims and referred to City Attorney and Adjuster.2.
7 Request Council approve Tract Map No. 14855 and accept dedication of easements,access and
public utilities as offered. Location: South side
of Via Escola,
east of
Auburn Street.
CITY COUNCIL MINUTES NOVEMBER 22, 1994
2. CONSENT CALENDAR (Continued)
2.8 Request Council approve Tract Map No. 14858 and accept dedication of easements,
access and public utilities as offered. Location: South side of Via Escola, east of Weston
Street. Developer: Pacific Ridge Partners. (T4000.0)
FISCAL IMPACT: None.
ACTION: Approved.
2.9 Request Council approve reimbursement agreement with Pacific Ridge Partners for
construction ofLoma Street. (See Resolution No. 8411.) (A2100.0.Agr.2320)
FISCAL IMPACT: GMA3 Funds in the amount of$188,000 made available to developer
with stipulation City and OCTA to be reimbursed by January 1, 2000.
ACTION: Authorized Mayor and City Clerk to execute on behalf of City.
2.10 Request for the installation ofa '4-Way Stop' at the intersection of Cambridge Street
and Maple Avenue. (S4000.S.3.
3)FISCAL IMPACT:
None.ACTION:
Denied.2.11 Request for the installation of a 'Freight Loading Zone' on the east side of Citrus
Street southerly of Chapman Avenue, in front of940 West Chapman Avenue. (S4000.S.3.1.
l)FISCAL IMPACT: Funding for this type of work is provided in #250 TrafficSafety
Fund.ACTION: Approved. Mayor pro tem Barrera abstained from this item due to a
conflict of
interest.2.12 Request Council authorize the closure of the Orange Plaza for the Tree
Lighting Ceremony on Sunday, December 4, 1994 from 4:30 - 7:00 p.m. (S4000.S.4)
FISCAL IMPACT: None.
ACTION: Approved.
2.13 Request Council approve increases in the State of California Used Oil Collection Grants
Funds received and appropriated to Oricom Group as the City's contractor.
A2100.0.Agr.2224.A)
FISCAL IMPACT: All fees paid to contractor from grant funds.
ACTION: Approved.
Page 3
CITY COUNCIL MINUTES NOVEMBER 22,1994
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.14 Request Council approve a construction contract with Ecology Construction, Inc. in the
amount of $31,860.00 for installation of three fire hydrants at Orange Mobile Home Park,
1931 E. Meats Avenue. (A2100.0.Agr.2321)
FISCAL IMP ACT: Funded in current fiscal year by Council approval on June 28, 1994,
Bid No. 945-03, Account No.
914-9805-475100-9176.The City Council commended the Fire and Water Departments for
their solutions to
this long standing
problem.MOTION - Coontz
SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.15 Request Council accept donation of $1,000.00 from Horizon Communications and
authorize that $500.00 of this money be spent to help support a volunteer brunch.
C2500.K)
FISCAL IMPACT: $500.00 to be allocated to the General Fund and $500.00 to be
allocated to the Orange Neighborhood Watch Account No. 100-
4011-441600.Discussion: The City Manager commented the volunteer brunch was
for the Neighborhood
Watch volunteers.
ACTION: Approved.2.16 Request Council authorize the purchase of a specialized computer program
for Police report writing and data entry. (
C2500.K)FISCAL IMPACT: This project is funded in Account No.
120-4011-491601-2231
using revenues
from Proposition 172.ACTION: Approved.2.17 Request Council approve purchase of db:Portfolio
cash management software to replace MoneyMax software currently being used on
a rental basis. (C2500.F)FISCAL IMP ACT: Transfer of existing appropriations will result
in a savings of over 35,000.
00 over
a five-
CITY COUNCIL MINUTES NOVEMBER 22, 1994
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
Item 2.14 was
removed and heard separately. Mayor pro tem Barrera abstained from item 2.11. All remaining
items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR
BEYER 3.1 Appointment of
Vince Ferragamo to the Parks, Recreation and Cultural Arts Advisory Commission, term to
expire 11/30/96. (ORI800.0.10)MOTION SECOND AYES ABSENT
Approved.
Spurgeon
Murphy
Spurgeon,
Barrera,
Coontz, Murphy
Mayor
Beyer 4. REPORTS FROM COUNClLMEMBERS -
None 5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE
150 5.1 Accept with regrets the resignation of
Mara Brandman from the Orange Public Library Board of Trustees and instruct the City
Clerk to advertise the vacancy pursuant to Maddy Act requirements. (C2500.I.l)MOTION SECOND
AYES ABSENT Approved.Murphy Coontz Spurgeon,
Barrera,
Coontz,
Murphy
Mayor
Beyer
5.
2 Accept
with regrets the resignation of
Mara Brandman from
the Orange Park Acres Planning Committee and instruct the City Clerk to advertise the
vacancy pursuant to Maddy Act requirements. (ORI800.0.26.1)Page 5
CITY COUNCIL MINUTES NOVEMBER 22, 1994
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION
SECOND
AYES
ABSENT
Approved.
Murphy
Coontz Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
5.3 Accept
with regrets the resignation of David V. Hart from the Official Old Towne Steering Committee and
instruct the City Clerk to advertise the vacancy pursuant to Maddy Act requirements. (
ORI800.0.16)MOTION SECOND AYES
ABSENT
Approved.
6.
Spurgeon
Barrera
Spurgeon,
Barrera, Coontz,
Murphy Mayor
Beyer ADMINISTRATIVE REPORTS TAPE 196
6.1 Appointment
of City Treasurer. (C2500.
F)The City Manager reported, since the resignation
of Mark Weiss as City Treasurer, effective October 28, 1994, the Government Code process
allows the Council to appoint or call an election to fill the vacancy. Helen Walker, Treasurer
candidate who ran in the 1992 election and lost by a few votes, was contacted. Mrs. Walker hasconfirmedshewouldbepleasedtoaccepttheappointmentasCityTreasureronapart-
time basis, approximately 8-10 hours per week. Mrs.Walker would assume the Treasurer's duties and be compensated based on the Orange Municipal Code. The City Manager recommendedCouncilconsidertheappointmentofHelenWalkerasCityTreasurertofillthe
unexpired term of Mark Weiss.Councilwoman Coontz indicated background material
on Mrs. Walker needs to be provided for the community at large.CouncilmanMurphycommentedhewould
abstain from voting on the appointment based on a possible conflict of interest. Mrs.
Walker served as Councilman Murphy's campaign treasurer in the recent election.MOTION - SpurgeonSECOND - Barrera AYES -
Spurgeon, Barrera, Coontz,
ABSTAINED - Murphy ABSENT -
Mayor Beyer Page 6
CITY COUNCIL MINUTES NOVEMBER 22, 1994
6. ADMINISTRATIVE REPORTS (Continued)
Moved to appoint Helen Walker as City Treasurer.
NOTE: Mrs. Walker will be sworn in at the November 29, 1994 Adjourned Regular Meeting,Oath of Office Ceremony.
7. REPORTS FROM CITY MANAGER - None 8.
LEGAL AFFAffiS TAPE 302 8.
1 RESOLUTION NO. 8404 A
Resolution of the City Council of the City of Orange amending Resolution No. 8362 of the Executive
Management, Staff Management and Labor Confidential Employees deleting the classifications
of Economic Development Operations Manager and Redevelopment Project Manager,
establishing the classification of Development Specialist at Salary Range 507, $4471-5734,
outlining severance provisions, and authorizing Staff to amend Position Control to reflect approved
changes to positions effective November 22, 1994. (C2500.G)MOTION
SECOND
AYES
ABSENT
Murphy
Coontz
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer That
Resolution No. 8404
as introduced be adopted and same was passed and adopted by the preceding vote.8.2
RESOLUTION NO.
8405 A Resolution of the
City Council of the City of Orange amending Resolution No. 8354 for the Orange Supervisory and Management
Unit deleting the classifications of Business Development Officer, Real Estate Officer, and Economic Development Assistant II, approving severance provisions, and authorizing Staff
to amend Position Control to reflect approved changes to positions effective November 22,
1994. (C2500.G)MOTION SECOND AYES ABSENT
Murphy
Coontz
Spurgeon,
Barrera,
Coontz,
Murphy Mayor
Beyer That Resolution No. 8405
as introduced be
adopted and same was passed and adopted by the preceding vote.Page 7
CITY COUNCIL MINUTES NOVEMBER 22, 1994
8. LEGAL AFFAffiS (Continued)
8.3 RESOLUTION NO. 8406
A Resolution of the City Council of the City of Orange amending Resolution No. 8350 for the
Professional, Technical and Clerical Unit deleting the classifications of Economic DevelopmentAssistantIandEconomicDevelopmentSpecialist, approving severance provisions, and
authorizing Staff to amend Position Control to reflect approved changes to positions effectiveNovember22, 1994. (C2500.G)
MOTION
SECOND
AYES
ABSENT
Murphy
Coontz Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8406 as introduced be adopted and same was passed and adopted by the preceding vote.8.
4 RESOLUTION
NO. 8409 A Resolution of
the City Council of the City of Orange finally accepting the completion of a certain Public WorkandImprovement; Bid No. 934-25, RJ. Noble Company; HCD Street Improvements: Primrose,
Emerald and Halyard. (A2100.0.Agr.2239)MOTION SECOND
AYES
ABSENT
Barrera
Spurgeon
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer That Resolution No.
8409 as introduced
be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO.
8410 A
Resolution of the City Council
of the City of Orange finally accepting the completion of a certain Public Work and Improvement, BidNo. 934-26, RJ. Noble Company, HCD Street Improvements: Olive, Clark and Berkeley. (
A2100.0.Agr.2240)MOTION SECOND AYES ABSENT Spurgeon
Murphy
Spurgeon,
Barrera,
Coontz,
Murphy Mayor
Beyer That
Resolution No. 8410 as introduced
be adopted and
same was passed and adopted by the preceding vote.Page 8
CITY COUNCIL MINUTES NOVEMBER 22, 1994
8. LEGALAFFAmS (Continued)
8.6 RESOLUTION NO. 8411
A Resolution of the City Council of the City of Orange requesting GMA Funds from the OrangeCountyTransportationAuthorityfortheconstructionoftheLomalImperialHighwayConnection.
OC1300.D.1 - A2100.0.Agr.2320)MOTION
SECOND
AYES
ABSENT
Coontz
Barrera Spurgeon,
Barrera, Coontz,
Murphy Mayor Beyer That Resolution
No. 8411 as
introduced be adopted and same was passed and adopted by the preceding vote.8.7 RESOLUTION
NO. 8412
A Resolution of the City
Council of the City of Orange amending Resolution No. 8362 relating to the classification, compensation, and termsofemploymentofdesignatedManagement, Staff Management, and Labor Confidential employees
to adjust the salary range for Public Works Director/City Engineer from Salary
Range 584, $6564-$8418, to Salary Range 604, $7253-9301, and further authorizing city
staff to adjust the Fiscal Year 1994-95 budget to reflect this change and fund Position
No. 74, Assistant Finance Director effective November 22, 1994.C2500.M - C2500.J.
1)MOTION - Barrera SECOND - Murphy AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor
Beyer That Resolution No. 8412 as
introduced be adopted and
same was passed and adopted by the preceding vote.8.8 ORDINANCE NO. 12-94 An
Ordinance of
the City Council of the
City of Orange setting cable television customer service standards in accordance with the Cable Television Consumer
Protection and Competition Act of 1992 and California Video Customer Service Act. (A2500.
0-Cabletelevision)DISCUSSION: The Assistant City Attorney reported Ordinance
No. 12-94 adopts standards set forth in the regulations of the
Federal Communications Commission and also a State law found in the Video Customer Service Act. By
adopting the State law the City will be permitted to impose monitary penalties which are included intheStatelawforviolationsofthecustomerservicestandards. Some of the standards are
in the City's current franchise. The City has adopted the strictest standards that are available. This
will give the City a barometer for measuring Page 9
CITY COUNCIL MINUTES NOVEMBER 22, 1994
8. LEGAL AFFAIRS (Continued)
compliance by the cable operator with various standards that are required throughout the cable
industry. It will also allow the City to impose civil penalties which are graduated depending onthenumberofbreachesofthestandards. It will not allow the City to prosecute criminally or
provide for any other remedies.
The following people spoke in opposition to the Playboy Channel 44 and Hot Spot Channel 45
offered by Cablevision of Orange:
Raymond Mulligan, Attorney, 1915 W. Orangewood Ave., #200, representing a number of
citizens
Evelyn Bradley, 11913 Arley Ave., Norwalk, Principal of the Trinity Lutheran Christian School
in Anaheim at 4101 E. Nohl Ranch Rd., Anaheim
Chuck and Kathy Davis, 3644 E. Green Garden Lane
Jim and Ann Doyle, 2003 Ivy Hill Lane
Elaine and James Jumpe, 2420 Maple Grove Rd.
Frank Allen, 1760 Natalie PI., Oxnard
Tamara Koch, 3648 E. Green Garden Ln.
Margie Garcia, 11412 Midwick PI., Garden Grove
Vince Ferragamo, 6715 Horseshoe Rd.
Ann Harris, 2904 E. Athens
Beverly Nestande, 1800 E. Heim Ave.
Kathy Winn, 2567 Glen Canyon Rd.
Their concerns were expressed as follows:
First amendment rights also protect children.
Notices sent by Cablevision of Orange indicated, "If you object to the material on Channels 44and45," it did not say obscene material. Cablevision should reword the notices to make it clearthisisadultprogrammingandobjectionablematerial.
Mr. Doyle submitted a copy ofan unedited tape showing Channel 44 and 45.
The picture is scrambled but the audio is pornography and hard-
core.The City of Oxnard has a signal that will allow only those customers that want the porn
stations to be able to receive
them.There needs to be a timeline for responses to and from Time-Warner. The pace istooslow.This situation should be a priority
for Councilmembers.The traps do
not work.Mrs. Davis indicated she had contacted the FCC regarding responsibility. The FCC
indicated the City Council was the right place. There is a possibility of a new cable company
coming into Orange. The goal is to have the channel completely black with no sound and novisual. Mrs.Davis requested a deadline and if Cablevision has not done anything, to file acourtinjunctionagainstCablevisiontoceaseanddesistbecauseoftheharmfulmatterthatiscoming acrosstothechildrenof
this community.
CITY COUNCIL MINUTES NOVEMBER 22, 1994
8. LEGAL AFFAIRS (Continued)
Mrs. Jumpe gave the following addresses for citizens to write and voice their opinions: Board of
Directors Joe Collins, Chairman, Time-Warner Corp., 301 Stamford Place, Stamford CT,
06902-6732, and Mrs. Casasanta's boss, Gayle Greer, Time-Warner Corp., National
Division, 116 Inverness Dr. East, Suite 105, Englewood,
Co, 80112.Cablevision has a contract with Playboy which is up for renegotiation in one
month. This contract does not have to be renewed. This is
a solution.Speaking for Cablevision
of Orange:Kristy Casasanta, General Manager, 154 N. Glassell, commented the message on the
invoice can be reworded and effective with the next billing. Technical solutions are being reviewed
at this time. It is felt trapping is the solution
for now.Ken Eldridge, 154 N. Glassell, commented on the technical aspects of the traps and
the operation at the City
of Oxnard.Council discussion ensued relative to encouraging citizens to write letters
to Time-Warner,removing the programming before 9 PM and changing the location
of the station.The Assistant City Attorney commented the City will continue to
have discussions with Cablevision of Orange's attorney on this matter and agree with the community that
there needs to be some affirmative blocking of the sexually explicit programming. The way
the programming is to arrive into the home is when a subscriber requests it and puts a device on
their television to unscramble it. The City, State and F ederallaw
also require this.The Assistant City Attorney indicated a staff forum will be scheduled to look
at possible remedies and what outcomes, benefits and downfalls could occur, and making
a knowledgeable decision about when deadlines should be set. At the December 13, 1994 Council meeting
some of the remedies
will
be
presented.
MOTION
SECOND AYES
ABSENT Spurgeon
Barrera Spurgeon, Barrera, Coontz, Murphy
Mayor Beyer That
Ordinance No. 12-94 have first reading waived and same was set for second reading by the
preceding vote.
8.9 ORDINANCE NO. 20-
94 An Ordinance of the City Council of the City of Orange amending the Redevelopment Plan for
the Tustin Street Redevelopment Project in accordance with Health and Safety Code
Section 33333.6. (R3500.0.
4)Page
CITY COUNCIL MINUTES NOVEMBER 22, 1994
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
ABSENT
Murphy Spurgeon
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer That
Ordinance No. 20-
94 have second reading waived and be adopted and same was passed and adopted by the
preceding vote.8.10 ORDINANCE
NO. 22-94 An Ordinance
of the City Council of the City of Orange amending the Redevelopment Plan for the Southwest Redevelopment
Project in accordance with Health and Safety Code Section 33333.6.R3500.0.
5)MOTION SECOND
AYES
ABSENT
Coontz
Spurgeon
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer That Ordinance No.
22-94 have
second reading waived and be adopted and same was passed and adopted by the preceding vote.
8.11 ORDINANCE NO. 23-
94 An Ordinance of the
City Council of the City of Orange amending the Redevelopment Plan for the Northwest Redevelopment Project in
accordance with Health and Safety Code Section 33333.6.R3500.0.7)MOTION
SECOND AYES ABSENT
Murphy
Barrera
Spurgeon,
Barrera,
Coontz, Murphy
Mayor Beyer
That Ordinance No. 23-94
have second reading
waived and 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 Tom O'Neill, 870
N. Lynn, spoke
on therecent pedestrian deaths that have occurred in the City and asked what the City's priorities
are? Mr. O'Neill requested where schools are located morePolice Officers should be there to write
tickets.Page 12
CITY COUNCIL MINUTES NOVEMBER 22, 1994
10. ORAL PRESENTATIONS (Continued)
Regarding the reservoir on the comer of Hewes and Katella owned by the Orange CountyMunicipalWaterCompany, the City should try to develop it, either as a passive water activity or
for fishing.
Mr. O'Neill expressed opposition to the Playboy Channel calling it a public nuisance.
Carol Walters, 534 N. Shaffer, requested that the Code Enforcement procedures be restructured.
Anyone making a complaint should have to give their name and address for public recordsx.
11. RECESS
MOTION
SECOND
AYES
Murphy
Barrera Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy The City
Council recessed at 6:30 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):
City of Orange
vs. Orange County Sheriff, Orange County Superior Court Case No. 72 97 18.NOTE: This item
was deleted from Closed Session. City of Orange vs. United Pacific Insurance Company, et
aI., Orange County Superior Court Case No. 72 42 36.b. Conference with
Legal Counsel - anticipated litigation.Initiation oflitigation pursuant to
Government Code Section 54956.9(c) (one potential case).Significant exposure to litigation
pursuant to Government Code Section 54956. 9(b) (one potential case).c. To considerand
take possible action upon such other matters as are orally announced by the City Attorney, City Manager
or City Council prior to such recess unless the motion to recess indicates any of the
matters will not be considered in Closed Session.7:00 P.M.
SESSION 12. INVOCATION John Woodward,
YMCA Board
of Directors 12.1 PLEDGE OF
ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None
12.3 INTRODUCTIONS - None Page
13
CITY COUNCIL MINUTES NOVEMBER 22, 1994
12.4 PROCLAMATIONS - None 12.
5 PRESENTATIONS - None 13. PUBLIC
HEARINGS 13.1
ZONE CHANGE 1171-94, PACIFIC RIDGE PARTNERS:3956 (
ZI500.0)TAPE
Time
set for a public hearing on petition by Pacific Ridge Partners to consider a request for a zone change
to amend certain development standards contained within the" Southridge Development Plan"
text with regard to multi-family development. The Belmont (formerly known as
Southridge), consists of258.6 acres located north of the Southern California Edison transmission
lines between Loma Avenue and Meats Avenue.
NOTE: This item is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per CEQA Guidelines Section 15305.
MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.
The Director of Community Development reported this is an amendment to a prior approved
residential tract map. There are no major issues with the request.
THERE BEING NO SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
ABSENT
Murphy
Coontz Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
Moved that this
item is categorically exempt from the provisions of the California Environmental Quality Act, per
CEQA Guidelines Section 15305.MOTION SECOND AYES
ABSENT
Murphy
Coontz
Spurgeon,
Barrera,
Coontz, Murphy
Mayor Beyer Moved to approve
Zone Change 1171-
94 as outlined in Planning Commission Resolution No.PC-37-94.TAPE 4023
13.
2 JOINT
PUBLIC HEARING, ANNUAL MEETING OF THE ORANGE REDEVELOPMENT AGENCY: (R3500.
0)Time set for
a joint public hearing regarding the Orange Redevelopment Agency's Annual Meeting.Page 14
CITY COUNCIL MINUTES NOVEMBER 22, 1994
13. PUBLIC HEARINGS (Continued)
MAYOR PRO TEM BARRERA OPENED THE JOINT PUBLIC HEARING.
The City Manager reported the Annual Report identifies the Northwest Project Area, Southwest
Project Area and the Tustin Street Project Area and the successes, goals and objectives of the
three project areas.
The focus has been creating a new Economic Development Department which makes the
Redevelopment Agency more important because the perspective will be much wider. The reportnotestheactivitiesthroughouttheyearandthenewbusinessesthatcameintotheCity.
The Implementation Plan addresses the requirements within AB 1290 which states the plan must
be reviewed at least every five years. The review is completed by project area and specific as it
relates to programs, goals and tasks for the next 4-5 years. There is a lot of activity in theprivatesectoratthistime. There are expansions that will take place from two or three of themajoremployersintheCitywhohavecompaniesthatsellproducts. This past year the Citygenerated18.5 million dollars and the gross taxable sales are 1.8 billion dollars. The diversified
economic base within the City of Orange is its strength and as the malls expand, the City will do very
well.New businesses are constantly being recruited with every effort being made to retain what
the City has and assist those businesses that are here to
expand.Barbara DeNiro, 1118 E. Adams, asked if anything is scheduled to be done about the post
office on Tustin Street. Also, how long will Redevelopment go
on?The City Manager commented traffic circulation improvements are being discussed which
include a
signal.Redevelopment will go to the year
2009.Bob Bennyhoff, 10642 Morada Dr., asked about the possible inclusion of Chapman Avenue
from the 55 Freeway to Rancho
Santiago?The City Manager indicated this is being discussed with the new Economic DevelopmentDirectorandwillbeexploredwithinthenextsixmonths. It is planned to have it stand
alone.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSEDTHEPUBLIC
HEARING.RESOLUTION NO.
8408 A Resolution of the City Council of the City of Orange receiving and authorizing the filing oftheAnnualReportoftheOrangeRedevelopment
Agency.Page
CITY COUNCIL MINUTES NOVEMBER 22, 1994
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
ABSENT
Spurgeon Coontz
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer That
Resolution No. 8408
as introduced be adopted and same was passed and adopted by the preceding vote.TAPE 4526
13.3
ORDINANCE AMENDMENT
3-94, ALCOHOLIC BEVERAGE CONTROL REQUIREMENTS: (A2500.0-
AMD 3-94)Time
set for a public hearing on petition by the City of Orange regarding a proposal to amend the zoning
ordinance to revise the review process for conditional use permits for the sale of alcoholic beverages.
Amendment to the following Orange Municipal Code Chapters is proposed: 17.42 C-1, Limited Business), 17.43 (C-TR., Limited Business, Tustin Redevelopment), 17.44 (
C-2,General Business), 17.80 (Alcoholic Beverage Control); 17.92 (Conditional Use
Permits and Variances); and 17.94 (
Zoning Administrator).NOTE: The project is categorically exempt from the provisions of the
California Environmental Quality Act per State CEQA Guidelines,
Section 15061.MAYOR PRO TEM BARRERA OPENED THE
PUBLIC HEARING.The Director of Community Development reported currently public hearings are held
by the Zoning Administrator, and other types of alcohol hearings are held by thePlanningCommission.The purpose of this amendment is to consolidate those responsibilities into one hearing
body, the Planning Commission. This proposal is one part of integrating the land useandcommunity
security issues.The Director of Community Development was asked to explain further because
of several restaurants that have applied for ABC permits but have not received them. There isaprocesswhichincludestheconditionalusepermitandalsoincludestheStateAlcoholic
Beverage Control Agency. Council is aware part of the State ABC process involves the PoliceDepartmentandtheirattentiontotheoverconcentrationandhigh
crime areas.Councilwoman Coontz indicated Hassans Restaurant has applied for an ABClicense. However there was a complaint filed with the ABC that there was too much noise. It was asked,
will the City take a proactive stance to prohibit or support ABC licenses, and will the Citygetinvolvedwherethereisinaccurateinformation. Also, would the CommunityDevelopmentDepartmenthandlethistype
of situation.The Director of Community Development commented that specific complaint did notgothroughtheCommunityDevelopmentDepartment. Through the public hearing process conditionswillbeattachedtotheapprovalthatrequirethecooperationofthePoliceand
Community Development
CITY COUNCIL MINUTES NOVEMBER 22, 1994
13. PUBLIC HEARINGS (Continued)
departments. It will attempt to place the Planning Commission or Council, whomever is the final
authority, in control over whether there s a further protest to the ABC Licensing Board in the
future.
THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE
PUBLIC HEARING.
MOTION
SECOND
AYES
ABSENT
Murphy
Barrera Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
Moved that the
project is categorically exempt from CEQA per State CEQA Guidelines Section 15061.MOTION SECOND
AYES
ABSENT
Murphy
Spurgeon
Spurgeon,
Barrera, Coontz,
Murphy Mayor
Beyer Moved to approve Ordinance
Amendment 3-94
as outlined in Planning Commission Resolution No. PC-38-94.14. PLANNING
AND ENVIRONMENT -
None 15. ORAL PRESENTATIONS Barbara DeNiro,
1118 E. Adams,
asked about Consent Calendar Item 2.3 on the Redevelopment Agendaconcerning Home Depot'sagreementwiththeCity. Ms. DeNiro asked Council to explain how much was the appropriationoffundsandwhatisaperformancecredit.The City Manager responded there
is a Disposition and Development agreement signed by the City and Home Depot in
1991 which indicated if they would move to Orange the City would assist them in writing down
the cost of property on Katella. Home Depot will generate approximately $400,000 to $500,
000 sales tax per year. The City gives back a portion of the sales tax. They have exceeded
their threshold every year. The agreement is for a period of 15 years or until a total
of$1,594,000 has been paid.Page 17
r.
CITY COUNCIL MINUTES
16. ADJOURNMENT
MOTION
SECOND
AYES
ABSENT
Spurgeon Barrera
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer lOVEMBER22,
1994 The City
Council adjourned
at 7:40 p. m. to an Adjourned Regular Meeting, November 29, 1994 at 7:00 p.
m. for the Oath of Office Ceremony.Q&yA;~MARILYN. ffiNS ,
CMCCITY
CLERK Gene Beyer
GENE BEYER
MAYOR Bdr~_(
REDB RA
MAYOR
PROTEM Page
18