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08-17-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA AUGUST 17, 1993 The City Council of the City of Orange, California convened on August 17, 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 - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT - None 1.3 APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR - Tape 35 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of August 17, 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 City Council authorization for advertising to invite bids for Street Maintenance 1993-94--Various Streets. (S4000.0) FISCAL IMP ACT: Project is budgeted through Measure M funds.ACTION: Approved.2.3 Request City Council authorize the purchase of an Automated Fuel System from Rapac Network International, Inc., Englewood New Jersey, in the amount of $187.351.00.A2100.0AGR-2123) FISCAL IMPACT: Funds are budgeted in Fund 720-1331-481301-9858 (Maintenance Management). ACTION: Approved. PAGE 1 CITY COUNCIL MINUTES AUGUST 17, 1993 2. CONSENT CALENDAR (Continued) 2.4 Request City Council approve a Cooperative Agreement between the City of Orange and the City of Anaheim to widen the State College Boulevard and Orangewood Avenue intersection. (A2100.0 AGR- 2124)FISCAL IMPACT: $192,500 in budgeted in the Traffic Improvement Fund for this project.ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of the city.2.5 Acknowledge receipt ofletter from Holy Family Cathedral announcing their annual Fiesta-Old California Days" will be held on September 24,25, and 26, 1993. (C3500.0) FISCAL IMP ACT: None. The Fiesta Committee is obtaining their own security guards, and no fees are waived. ACTION: Received and filed. 2.6 CLAIMS FOR DAMAGE FROM: (3200.0) I. CALCOMP Insurance Company 2. Atlas Assurance 3. La Veta Monterey Condominium Assoc. and Robert Segesta ACTION: Denied claims and referred to City Attorney and Adjuster. 2.7 Request that the City Council accept the refund from the State of California for P.O.S.T. approved training and instruct the Director of Finance to deposit the amount of 19,961.34 into the account for P.O.S.T. training, 1993-94. (C2500. K)FISCAL IMPACT: None. These are reimbursed funds from expenses incurred in the 1992/93 fiscal period.ACTION: Approved.2.8 Request that the City Council approve the agreement between the City of Orange and Orange County Youth and Family Services graffiti abatement and juvenile diversion.A2100.0 AGR-2125)FISCAL IMPACT: $78,000.00 from the General Fund has been previously appropriated by Council action in the fiscal year 1993 -94 budget of the Police Department.ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of the City. CITY COUNCIL MINUTES AUGUST 17, 1993 2. CONSENT CALENDAR (Continued) 2.9 Request authorization to approve a Housing Accessibility Program Grant and authorize the Finance Department to prepare a warrant. (C2500.G.l.3.4) FISCAL IMPACT: Funds are available in Account No. 316-6053- 427800-1222 (Housing Accessibility Program Grant) Case No. 561-$ 1,464. 00.ACTION: Approved.REMOVED AND HEARD SEPARATELY.)2.10 Recommendation to formally adopt Economic Development Strategy, establish an Economic Development Partnership, and approve 1993-94 Implementation Plan.Reference: Williams- Kuebelbeck & Associates Report) (R3500.0)FISCAL IMPACT: Formal adoption of the strategy, the establishment of the Orange Economic Development Partnership and approval of the implementation plan will not impact city revenues in any way. A separate agency agenda item allows for an appropriation of funds to implement the Economic Development Program.Brent Hunter, Executive Director, Orange Chamber of Commerce, 80 Plaza Square,agreed to a continuance of this item to the September 14, 1993 Council meeting.Ellen Bonneville, Acting Executive Director, Orange Redevelopment Agency, indicated a continuance would not be a hardship.MOTION - Beyer SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to continue this item to September 14, 1993,3:00 p. m. session.REMOVED AND HEARD SEPARATELY.)2.11 Request from the Acting Finance Director for authorization to cease collection efforts for Uncollectible Receivables and approve write-off of certain AccountsReceivables. C2500.J.l) FISCAL IMPACT: None.Council discussion ensued regarding the excessive amount of uncollected receivables in the Paramedic Program and other fees associated with this item, and suggested the Finance Department Staff find alternate ways to lower the writeoffs. MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy PAGE 3 CITY COUNCIL MINUTES AUGUST 17, 1993 2. CONSENT CALENDAR (Continued) ACTION: Approved with the proviso that the Finance Department Staff report back before the end of this year on ways to lower the percentage of writeoffs. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2. 10 and 2.11 were removed and heard separately. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER URGENT ITEM MOTION - Beyer SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the need to take action on the following item arose after the posting of the agenda.MOTION - Beyer SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to appoint a City Council Personnel Committee to help select a new City Manager, with Mayor Beyer and Councilman Spurgeon representing the Council. ( OR1800.0.9I)URGENT ITEM MOTION - Beyer SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the need to take action on the following item arose after the posting of the agenda.MOTION - Beyer SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to establish an Affordable Housing Plan Task Force, and to appoint Councilman Mark Murphy and Planning Commissioner Randy Bosch to serve on said task force. (ORI800.0. 25.1)PAGE 4 CITY COUNCIL MINUTES AUGUST 17, 1993 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS Tape 744 8.1 ORDINANCE NO. 11-93 An Ordinance of the City Council of the City of Orange amending the Orange Municipal Code to add Chapter 17- 37 permitting a density bonus and other incentives for affordable housing pursuant to state law. (A2500.0 Density)MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Ordinance No. 11- 93 have second reading waived and be adopted and same was passed and adopted by the preceding vote.9. RECESSED TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer Street, requested a copy machine be made available for the public to make their own copies, rather than paying the fees the City charges, which she feels are excessive. The City Clerk and City Manager to report to Council on September 14, 1993 on possible alternatives.11. RECESS The City Council recessed at 3 :35 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 Capital Corporation, U.S. District Court Case No. 92 2152 SFW National Advertising vs. City of Orange, CV85-4968-TJH 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 relation matters pursuant to Government Code Section 54957.6.d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956. 9 (b)(I).PAGE 5 CITY COUNCIL MINUTES AUGUST 17, 1993 11. RECESS (Continued) e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. f. 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 - The audience was asked to pause for a moment of silent reflection.12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS - None.12.3 INTRODUCTIONS - None.12.4 PROCLAMATIONS - None.12.5 PRESENTATIONS - None. 13. PUBLIC HEARINGS - Tape 940 13.1 UNDERGROUND UTILITY DISTRICT NO. 14, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider a the designation and adoption of Underground Utility District No. 14 requiring the removal of poles, overhead wires and associated overhead structures. (C2500.M. 13 UUD-14)The area being considered is generally located on Tustin Street from Southern Pacific Railroad right-of-way to Katella Avenue, and Katella Avenue from Tustin Street to Cambridge Street.MAYOR BEYER OPENED THE PUBLIC HEARING.Ashok Basasgekar, Senior Civil Engineer, presented the Engineer's Report.Pat Buttress, representing Southern California Edison Company, 531 E. Chapman Avenue,indicated she had spoken with several property owners in the area that were in favor of this project.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.RESOLUTION NO. 8224 A Resolution of the City Council of the City of Orange establishing Underground Utility District No. 14.MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy PAGE 6 CITY COUNCIL MINUTES AUGUST 17, 1993 13. PUBLIC HEARINGS (Continued) That Resolution No. 8224 as introduced be adopted and same was passed and adopted by the preceding vote. Motion to include approval of Option 4 in Engineer's Report: Construct and maintain City-owned metered street lighting per City standards (27 street lights). This will require budgeting $150,000.00 in Fiscal Year 1995-96 for construction. Annual energy costs will be approximately $2, 700.00.13.2 CONDITIONAL USE PERMIT 2026- 93--TEXACO REFINING & MARKETING, INC. - Tape 1253 Time set for a public hearing on petition by Texaco Refining & Marketing, Inc. to consider the sale of packaged beer and wine from existing retail space at an automotive service station at 1815 N. Tustin Street, a parcel situated at the northeast corner of TustinStreet and Taft/Briardale Avenues. The property's zoning classification is C- TR (Limited Business District, Tustin Street Redevelopment Project Area). (C3300.0)NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines, Section 15301.Mayor Beyer read a letter from Tait & Associates, Inc. representing the applicant, requesting a continuance to September 14, 1993. MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue the public hearing to September 14, 1993, 7:00 p.m. Session. 13.3 MODIFICATIONS TO CONDITIONAL USE PERMIT 1932-91 AND TENTATIVE TRACT MAP 14593, PACIFIC RIDGE PARTNERS: Tape 1285 Time set for a public hearing on petition by Pacific Ridge Partners to consider a request to modifY the site plan approved in conjunction with Conditional Use Permit 1932-91 and to revise the conditions of approval for both Tentative Tract Map 14593 and Conditional Use Permit 1932-91.The current proposal is to redesign the westerly 21. 6 acres of a 36 acre site as a Planned Unit Development, to provide single family detached housing on individual lots a minimum of3,600 sq. ft. in size, and a common recreation facility. This proposal retains the condominium and apartment development originally approved on the easterly portion of the site plan. Subject property is a portion of the Southridge Planned Community, located east of Meats Avenue, CITY COUNCIL MINUTES AUGUST 17, 1993 13. PUBLIC HEARINGS (Continued) ofCerro Villa Drive, south of the City of Anaheim, and west of the proposed connection ofLoma Streetllmperial Highway. The area of development subject to this request is on the south side of the planned extension of Via Escola, easterly of its current terminus. (C3300.0 CUP- I932-9I)NOTE: The environmental impacts of this project have been evaluated under previously certified Environmental Impact Report No. 854.MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported the Planning Commission recommended approval of the requests, and acknowledged this is not a traditional low densitysinglefamilydevelopment, but rather an alternative to low medium density and is a plannedunitdevelopmentwithadditional amenities provided.The following people spoke in favor:Scott Stowell, 1565 West MacArthur Blvd, Costa Mesa, representing Pacific Ridge Partners,commented on the project.Bob Bennyhoff, 10642 Morada Drive, commented that if the City does not do something about affordable housing, the State or the Federal Government will. Concern was expressed thatitmaybeoneyearbeforetheLomaRoad is finished.MAYOR BEYER CLOSED THE PUBLIC HEARING.Council discussion ensued that without the development standards the small lots would not be as acceptable. It was suggested that landscaping be used in the area to soften the effect of the development located on the ridges. MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that EIR No. 854 has been completed in compliance with CEQA as approved, and no further environmental review is required.MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve modification to Conditional Use Permit No. 1932-91 as outlined in Planning Commission Resolution No. PC-32-93.PAGE 8 CITY COUNCIL MINUTES AUGUST 17, 1993 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve modification to Tentative Tract Map 14593 as outlined in Planning Commission Resolution No. PC-33-93.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - Tape 2065 Ray Cross, 1804 E. Mayfair, complained to the Council about leaf blowers. He was referred to the Director of Community Development for updates on the leaf blower ordinance. He also suggested the EI Toro base as a possible site for a prison.16. ADJOURNMENT The City Council adjourned at 7:54 p.m to a Study Session on Tuesday, August 24, 1993 at 5:30 p.m. in the Weimer Room regarding Parks and Recreation fees studied by Ron Rothschild and the status of money saving measures assigned to Staff earlier.Marilvn 1. Jensen MARlL YN 1. JENSEN, C.M.C.CITY CLERK By: ~ AfArAl~ ~c:.~ tAr CASSANDRA CATHCART, .M. C.DEPUTY CITY CLERK PAGE 9