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01-19-1993 Council MinutesAPPROVED BY CITY COUNCIL ON JANUARY CITY COUNCIL MINUTES OF A REGULAR MEETING 26. 1993. ORANGE, CALIFORNIA January 19, 1993 The City Council of the City of Orange, California convened on January 19, 1993 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 - Mayor Beyer, Barrera, Coontz ABSENT - Spurgeon, Steiner NOTE: Spurgeon, Steiner arrived at 3:05 P.M.1.3 APPROVAL OF MINUTES Special Adjourned Regular Meeting - January 7, 1993 MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ACTION: Approved.1.4 PRESENTA TIONSI ANNOUNCEMENTSI INTRODUCTIONS Resolution No. 8130 was presented to Agnes Marsh on her retirement, and commending her for more than 26 years with the City.1.5 PROCLAMATIONS - None 1.6 REPORTS TAPE 100 ORI800.0. 50.1)Report from the Citizens Ad Hoc Financial Advisory Committee.The ad hoc committee consisted of Lynne Pierson Doti, Bob Breskin and Jim Hansen.The report focused on the problems occurring with the general operating fund, revenues and expenditures. The recommended revenue increases were a 2% utility tax and a transient occupancy tax. To reduce expenses the committee recommended all salaries remain frozen and the hiring freeze be continued through the end of the fiscal year ofJune,1994. Police and Fire reduce their costs and increase user fees. Other recommendations were discussed and are outlined in the report.PAGE 1 CITY COUNCIL MINUTES January 19, 1993 1.6 REPORTS (Continued) The committee further recommended they be replaced by a Task Force Committee, and that changes be made on the way the budget is presented to the public, focusing on revenues and expenditures for a better understanding. The City Council discussed the following aspects of a utility tax: 9 of the 31 cities in Orange County have utility taxes which vary from 1.5% to 6%. Revenues from 1.3 million depending on the size of the City to 12 million dollars in Huntington Beach are generated. The City Manager indicated this tax would include all utilities, water, electric, telephone, cable, etc. This is the type of tax that can be voted on by the City Council and does not require a ballot measure. The following people voiced their concerns in opposition: Carol Walter, 534 N. Shaffer Larry Pore, President of the City of Orange Police Management Association John Whiteley, President of City of Orange Police Association Mayor Beyer announced the recommendations contained in the ad hoc committee's report will be used for a staff report, as well as the input received today, to be presented at the January 26, 1993 Council Meeting, 7:00 P.M. Session. 2.CONSENT CALENDAR TAPE 1506 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting ofJanuary 19, 1993, 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 Request approval of amendment to the Fire Sprinkler Retrofit Agreement between the City and Citibank Corp. (Union Bank Square). (A2100.0-Agr 1387. c)FISCAL IMPACT: None.ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of the City.2.3 Request authorization to purchase Toro 16' rotary mower from Pacific Equipment and Irrigation, Inc. in the amount of $50,644, including sales tax, and waive the formal bid process in accordance with Orange Municipal Code Section 3.08.140. (A2100.0. Agr 2053)PAGE CITY COUNCIL MINUTES January 19, 1993 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: $50,644 is budgeted in the CIP fund for this purchase. ACTION: Approved. 2.4 Request Council approve Tentative Parcel Map 92-195, subject to recommended conditions. (SW corner of Chapman Ave. and Jamboree Road) (C2500.M.16. 1)FISCAL IMPACT: None.ACTION: Approved.2.5 Request authorization for final payment to the Reynolds Group for asbestos- related work during the Civic Center Remodel Project in the amount of $8,315.87. (A2100. 0. Agr 1839)FISCAL IMP ACT: $8,315.87 is budgeted in Redevelopment account 924-9811-481200- 9808 for this purpose.ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.6 Request initial appropriation of $28,467.30 to Account No. 200-2011-449500-9985 Local History Room) to be used exclusively for the furnishing and equipment of a Local HistoryRoom in the new Main Library. (C2500.I)Mayor Beyer reported approximately $ 24,000 was donated from the Centennial Commission. Alice Clark, 205 N. Pine St., read the following breakdown she had obtained from the Finance Department:Feb. 25, 1991,Feb. 28, 1991,July 11, 1991, Nov. 19, 1991,Dec. 9, 1992,TOTAL 50.00 22,417. 30 1,00000 4,00000 1. 00000 28, 467.30 Woman's Club Centennial Commission Historical Society Friends of the Library Friends of the Library FISCAL IMPACT: Approval of this request would require an additional appropriation of 28,467.30 to Account No. 200- 2011-449500-9985 ( Local History Room).MOTION - Mayor Beyer SECOND - Coontz AYES - Spurgeon, Steiner, Mayor CITY COUNCIL MINUTES January 19, 1993 2. CONSENT CALENDAR (Continued) 2.7 Request approval of contract with Ernest Brown and Co., and authorize payment of legal fees in excess of $30,000 for ongoing legal services. (A2100.0.Agr 1862.B) FISCAL IMPACT: Funds are available in Legal Services Account No. 100- 0301-426100 to meet expected expenditures during the current fiscal year.ACTION: Authorized Mayor and City Clerk to execute on behalf of City.2.8 Request from the Caterers' California Special Events Group to conduct the Orange County Art and Jazz Festival on March 27, 1993 from 9:00 a.m. to 6:00 p.m. at the American Way Cultural Center. (p1300. 0.9)FISCAL IMPACT: Police and Fire fees waived. ACTION: Approved.MOTION - Steiner SECOND - Spurgeon AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Item 2.6 was removed and heard separately, all other item on the Consent Calendar were approved as recommended.URGENT ITEM REQUEST MOTION - Mayor Beyer SECOND - Steiner A YES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That the need for this item arose after the posting of the agenda.Bill Utter, representing the YMCA requested the $37.50 fee, plus police and fire fees be waived for their M-Car Grand Prix fundraiser scheduled for January 23,-24, 1993 at The City Shopping Center. (P1300.0.9)MOTION - Barrera SECOND - Spurgeon A YES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to waive the fees as requested.END OF CONSENT CALENDAR PAGE 4 CITY COUNCIL MINUTES January 19, 1993 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS URGENT ITEM - Mayor pro tern Steiner's appointments to the La Veta Study Committee MOTION - Mayor Beyer SECOND - Spurgeon AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved that this item arose after the posting of the agenda.Mayor pro tern Steiner announced the following appointees to the La Veta Study Committee: Ralph Zehner and Will Chambers.MOTION - Spurgeon SECOND - Barrera A YES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to approve the appointments.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 1694 8.1 RESOLUTION NO. 8136 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the General Plan Classification of property situated westerly of future Crawford Canyon Road and approximately 1500 feet northerly of Chapman Avenue. (C2300.E)General Plan Amendment 3-92-A Applicant City of Orange MOTION SECOND AYES Coontz Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8136 as introduced be adopted and same was passed and adopted by the preceding vote.PAGES CITY COUNCIL MINUTES January 19, 1993 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO. 8137 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the reclassification of property situated westerly of future Crawford Canyon Road and approximately 1500 feet northerly of Chapman Avenue. (ZI500.0) Zone Change 1155- 92 Applicant: City of Orange MOTION SECOND AYES Barrera Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8137 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 8138 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving General Plan Classification of property situated east and west of Manchester Avenue, north of Compton Avenue. ( C2300.E)General Plan Amendment 3-92-B Applicant: City of Orange MOTION SECOND AYES Coontz Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8138 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 8139 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the reclassification of property situated east and west of Manchester Avenue, north of Compton Avenue.ZI500.0)PAGE 6 CITY COUNCIL MINUTES January 19, 1993 8. LEGAL AFFAIRS (Continued) Zone Change 1154- 92 Applicant City of Orange MOTION SECOND AYES Spurgeon Steiner Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8139 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTIONNO. 8140 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the reclassification of property situated east of Water Street, north and south of Almond Avenue.ZI500.0) Zone Change 1135-92 Applicant: City of Orange MOTION SECOND AYES Spurgeon Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8140 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 Bob Bennyhoff, 10642 Morada Dr., questioned why the special assessment district issue was included in the first Ad Hoc Committee's report, and was not addressed in the report presented at this Council meeting? The City Manager did not know and referred Mr. Bennyhoff to Ms. Doti.Carol Walters, 534 N. Shaffer St., commented the members on the boards, committees and commissions should be retained instead of deleting them. The Mayor remarked the recommendation from the Ad Hoc Committee was to sunset the committees that are not useful. Ms. Walters asked when the Planning Commission appointment would be made?Mayor Beyer announced it would be made within the next few weeks.PAGE 7 CITY COUNCIL MINUTES January 19, 1993 11. RECESS The City Council recessed at 4:10 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 Orange vs. DLO Securities, et aI, United States Court Case No. SA CA92-862AHS ( RWRX)NOTE: The City Attorney added the northwest corner of Chapman and Main Street,Jeff Garner.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.d. To confer with its attorney regarding potential litigation pursuant to Government Section 54956.9(b)( I).e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.f. To give instructions to its negotiator in connection with the purchase, sale, exchange or lease of real property pursuant to Government code Section 54956. 8.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 session.7:00 P.M. SESSION 12. INVOCATION - Helen Walker, President, Soroptimist International of Orange. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS- None 12.3 INTRODUCTIONS - None 12. 4PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13. PUBLIC HEARINGS TAPE 2096 A3100. 0)13. 1 PROTEST HEARING FOR ANNEXATION NO. 396, ORANGE PARK BOULEVARD:Time set for a protest hearing for Annexation No. 396, Orange Park Boulevard, as directed by the Local Agency Formation Commission on November 4, 1992.Proceedings for the annexation were initiated by a registered voter petition. The area consists of 29. 23 acres located southeasterly of westerly Orange Park Boulevard and Santiago Canyon Boulevard in the Orange Park Acre area.PAGE 8 CITY COUNCIL MINUTES January 19, 1993 13. PUBLIC HEARINGS (Continued) MAYOR BEYER OPENED THE PUBLIC HEARING. The Annexation Coordinator reported two years ago citizens in the annexation area petitioned the City Council to be annexed into the city. At that time they had approximately 15 signatures, which was one-half of the registered voters in the area.Since then the proposal has been approved by LAFCO.The residents in this area were told they are responsible to pay for sewer hookups, and since most of the residents are in favor, there will not be any election costs.The City Clerk reported there have been not been any protests filed.Speaking in support:Mara Brandman, 7319 Equitation Way G. L. Skip Raymond, 1012 E. Adams St., representing the Salem Lutheran Church,19952 Santiago Canyon Rd., Orange, asked for reassurance that their facilities and uses for the church will not require any retrofitting or compliance with current zoning or building codes.The Administrator of Current Planning commented, if there are nonconforming uses existing on the church site, with the City's current ordinance, they would be allowed to continue as they are, unless the Church were to go into some discontinuance. lf the annexation takes place, the City would want to proceed with a survey to identify what is in the area and concerns to be registered, if any. What is existing now can remain,however, if it is different that what the zoning ordinance allows, it could not expand without going through the public hearing process.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Mayor Beyer Steiner Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to direct the City Clerk to verify signatures and report back within 30 days with an appropriate resolution, based upon the percentage of protests received.PAGE 9 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) January 19, 1993 MOTION SECOND AYES Coontz Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to direct staff to draft an appropriate resolution based on the percentage of protests received.TAPE 2381 A4000. 0)13. 2 APPEAL NO. 406, VARIANCE NO. 1942-92, GREER ENGINEERING FOR CHEVRON:Time set for a public hearing on petition by Greer Engineering to appeal the decision by the Zoning Administrator on November 19, 1992 denying Variance 1942-92 to allow a ground sign which exceeds the maximum 15 foot height limit and to allow the price portion of the sign to exceed the maximum 24 square foot sign area permitted by Orange Municipal Code Section 17.78.100. The project site is located at the northeast corner of Chapman and Prospect Avenues (3301 E. Chapman Avenue).NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301.APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:The decision of the Zoning Administrator places Chevron at an unfair disadvantage with its competitors. The decision denies Chevron sign visibility currently enjoyed by their competitors. These other service stations were able to install signs over the currently allowed height of 15 ft. prior to the adoption of the new sign code."MAYOR BEYER OPENED THE PUBLIC HEARING.The Administrator of Current Planning reported the appellant is proposing a sign that is 30 ft., 7-1/2 inches tall and 142 sq. ft., of which 63 sq. ft. incorporates a price sign into the design. The proposed sign also overhangs the public right-of-way by two feet.Speaking in favor:Robert Fiscus, 2050 E. Santa Cruz, Anaheim, representing Chevron, commented the increase in the sign's height is needed to be more competitive due to the proximity of other service stations in the area. The proposed sign is a standard sign for Chevron.Mr. Fiscus explained the sign would be moved so it would not overhang the public right-of-way. As another compromise, Chevron would bring the sign height down to CITY COUNCIL MINUTES January 19, 1993 13. PUBLIC HEARINGS (Continued) The City Clerk announced a postcard was received from Gail F., Diane, and Ed Beverly, 170 N. Prospect Ave., Orange, in opposition. THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Spurgeon Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved that this project is categorically exempt from the provisions of the California Environmental Quality Ace (CEQA) per CEQA Guidelines Section 15301.MOTION SECOND AYES NOES Spurgeon Coontz Spurgeon, Steiner, Mayor Beyer, Coontz Barrera Moved to deny Appeal No. 406.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to adjourn at 7:40 P.M. to an Adjourned Regular Meeting, January 26,1993 at 1:30 P.M. in the Weimer Room to discuss the Ad Hoc Committee's report and the 93/94 Budget Policy Directives.UA"r~ ~A2/4Y'MARILYN ENS , C CITY CLERK GENEB ~ MAYPAGE 11