08-24-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 24, 1993
The City Council of the City of Orange, California convened on August 24, 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 Regular Meeting -
August 10, 1993 MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS - None
1.5 PROCLAMATIONS Proclaiming September 6, 1993
as "Try American
Day" - Phil Giraldin and Rick Muth,Board Members of USA Owned, were present to
accept the proclamation.2.CONSENT CALENDAR TAPE 165 2.1 Declaration
of City Clerk Marilyn J.
Jensen declaring posting of City Council agenda of a regular meeting of August 24,
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 Authorize Mayor and Director of Finance
to draw warrants on City Treasurer in payment of demands.ACTION: Approved.PAGE 1
CITY COUNCIL MINUTES August 24, 1993
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.3 Request for short term parking on the west side of Citrus Street adjacent to Sunland
Credit Union located at 1010 W. Chapman Avenue. (S4000.S.3.1.1)
FISCAL IMPACT: None.
The Traffic Engineer was asked to explain a resident's request to the Traffic Department
concerning trucks from Higgins Furniture Store that back out onto the street. It was felt
there should be some type of parking prohibition opposite the driveway in order for
people to traverse the street. The Traffic Engineer commented at the Traffic Commission
meeting no one spoke about the Higgins problem.
MOTION - Coontz SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy ACTION: Denied.2.
4 Request
forthe installation of a 'I-Way' Stop control device at the intersection of Grand Street
and Trenton Avenue. (S4000.S.3.3)FISCAL IMP
ACT: Funds are provided in the #250 Traffic Safety Funds.ACTION: Approved.
2.5
Request for the installation of a 'driveway vision zone' at 739 N. Batavia Street.S4000.S.
3.1.1)FISCALIMPACT:
Funds are provided in the #250 Traffic Safety Funds.ACTION: Approved.
2.6
Request for the installation of '20 Minute' Parking adjacent to 171 S. Anita Drive.S4000.S.
3.1.1)FISCALIMPACT:
None.ACTION: Denied.
2.7
Request for the installation of a 'protected left-turn' phase at the intersection of Glassell
Street and LaVeta Avenue. (S4000.S.3.3)FISCAL
IMPACT: Funds are provided in the #250 Traffic Safety funds.ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES August 24, 1993
2. CONSENT CALENDAR (Continued)
2.8 Authorize the agreement with Great Western Bank regarding the City's Deferred
Compensation Program. (A2100.0.Agr.1182.C)
FISCAL IMPACT: None.
ACTION: Authorized the Treasurer and Acting Finance Director to execute on behalf of
the City.
2.9 Authorize the Mayor and City Clerk to execute an otTer for the purchase of property
located at 488 S. Glassell Street. (A2100.0.Agr.2130)
FISCAL IMPACT: Funds to be transferred from Fund #262 to Account No. 262-
5011-
471102-4012.
ACTION: Approved.2.10 CLAIM FOR DAMAGES FROM: (
C3200.0)1. Hung
Thien Tran 2.
Annie Jackson ACTION: Denied claim and referred to City Attorney
and Adjuster.REMOVED AND
HEARD SEPARATELY)2.11 Approve and authorize the award of Bid Number 923-20, Storm
Drain and Sewer Pipe Inspection System, to Cues, Orlando, Florida, in the amount
of $110,700.A2100.
0.Agr.2131)FISCAL IMPACT: Fund
220-5022-783400-4015 (Sanitation Capital)Michael Feeney, 2045 Las Lomitos, Hacienda
Heights, protested
the award of Bid Number 923-20.The City Attorney opined that within the
bid specifications the City will accept alternate bids. It also states the City may reject alternate bids
if the City finds major exceptions to the equipment in the specifications. It appears in
this case the low bidder complied with the specifications for submitting the alternate
bid. Therefore, if the Council desires to accept the alternate bid, it could be awarded to
Cues and be legally permissible. Since this bid is considerably lower in price, Council could easily make
a finding that it would be
in the public
interest to do
so.MOTION - Barrera SECOND - Murphy AYES - Spurgeon, Barrera,
Mayor Beyer,
CITY COUNCIL MINUTES August 24, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Approved the award of Bid Number 923-20 to Cues, Orlando, Florida, in
the amount of$IIO,
700.REMOVED AND HEARD
SEPARATELY)2.12 Approve funding appropriation for Fiscal year 1992/93 Budget
Expenditures.C2500.J.1.
l)FISCAL IMPACT: Appropriation from General Fund Reserves: $91,000 into
Account No. 210-7016-426700 RecreationlEducational Classes; $55,540 into
Account No. 210-7022-42230
I Park Maintenance/Electricity.Councilwoman Coontz commented the report contains items
regarding the contracting out ofRecreationlEducational Classes, savings and fees in
Community Services. This should be discussed at the StudySession scheduled for 5:
30 P.M.
tonight MOTION - Coontz
SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz,
Murphy ACTION: Moved to accept the report and continue discussion of the
Community Services items at the 5:30 P.M. Study
Session.MOTION - Spurgeon
SECOND - Barrera AYES -
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2.
3, 2.11 and 2.12 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 TAPE 562 3.1
Revisit the closure of the Resource Center. (Continued from August 10, 1993)C2500.N)
Police Captain
Robertson reported with the combination of the Resource Center, the foot patrol team, and
the private center at the MapleNine Complex there has been a decline from the severe problem that
was occurring two years ago. Approximately 75% of the people still loitering are repeat offenders,
and they are cited. The main problem currently is people coming into the area and picking
up the people for work. The business community along Chapman Avenue is seeing a decrease of
day laborers on the street. However, there is a slight increase of day laborers in the County areas,
where the City is not getting any enforcement cooperation from the County.PAGE 4
CITY COUNCIL MINUTES August 24, 1993
3. REPORTS FROM MAYOR BEYER (Continued)
If the Resource Center is closed, the day laborers in front of the Center now will go back to
standing on Chapman Avenue again. Approximately 80% are illegal, undocumented workers.
Police Chief Robertson commented if the Resource Center closes, it will eliminate one step in the
process to solve the problem. This directly relates to the cost which are unknown at this time.
Without the Resource Center, concern was expressed that this might create a situation where the
ordinance will be lost. If this is the case, an area needs to be specifically designated for them to
stand. Approximately $42,000 per year on overtime is spent enforcing the ordinance primarily
along Chapman Avenue.
The Director of Community Services reported the center is a full service center with literacy and
other programs. The center is the model program for Southern California.
Carmine Saldana, 1903 N. Shaffer, Resource Center Supervisor, reported there are approximately
3,800 males and 700 women registered at the center. Ms. Saldana commented there are
volunteers at the center that can assist with grant applications and additional outside funding. Ms.
Saldana felt six months would be an appropriate time period for this effort.
The City Attorney opined the grants would be different from an outright cash donation from other
sources. The grant writing and applications could go through the Community Services and the
City Manager's Office. There is an opportunity to set policy guidelines on the grants.
The following people spoke in favor of keeping the Resource Center open:
Bob Bennyhoff, 10642 Morada Dr.
Diane Beverly, 170 N. Prospect
Mayor Beyer announced he had received three phone calls and six letters in favor.
Speaking in opposition:
Richard Avar, Fountain Valley, United We Stand America
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved that beginning
September I, ] 993 the Resource Center shall be left open for a six month trail period. After
that time, Council will reconsider the issue. During this time, the Resource Center Supervisor is
to apply for grants and outside funds. Monthly updates are to be sent to Council by the
Police Chief and the Resource Center Supervisor, and are to include the types of grants and the
legal aspects of collecting the funds.4. REPORTS FROM
COUNCILMEMBERS - None 5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS _ None PAGE 5
CITY COUNCIL MINUTES August 24, 1993
6. ADMINISTRATIVE REPORTS - None 7.
REPORTS FROM CITY MANAGER - None 8.LEGAL
AFFAIRS TAPE 1790
8.1
RESOLUTION NO. 8225 A Resolution
of the City Council of the City of Orange upholding the recommendation of the Planning commission
ofthe City of Orange and approving a General Plan Amendment request to amend the
Housing Element of the General Plan. (C2300.E)General Plan
Amendment 5-93 Applicant:
City of Orange.MOTION
SECOND
AYES
Barrera
Coontz Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy That Resolution No
8225 as introduced be adopted and same was passed and adopted by the preceding vote.8.
2 RESOLUTION
NO. 8226 A Resolution ofthe
City Council of the City of Orange upholding the recommendation of the Planning Commission of
the City of Orange and approving modifications to the Housing Element.General Plan Amendment
5-93 Applicant: City
of Orange MOTION SECOND
AYES
Spurgeon
Murphy
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved to remove Resolution
No. 8226 from the Agenda. The City Attorney commented this was a duplicate of Resolution
No. 8225.8.3 RESOLUTION NO.
8228 A Resolution of the
City Council of the City of Orange ordering territory designated as Annexation No. 403 _ (North
Orange Christian Church) annexed to the City of Orange.A3l00.0.)MOTION SECOND
AYES Spurgeon
Murphy
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
PAGE 6
CITY COUNCIL MINUTES August 24, 1993
8. LEGAL AFFAIRS (Continued)
That Resolution No. 8228 as introduced be adopted and same was passed and adopted by the
preceding vote.
8.4 RESOLUTION NO. 8229
A Resolution of the City Council of the City of Orange ordering territory designated as
Annexation No. 405 - (Graves - 8582 Palm Avenue) annexed to the City of Orange. (A3IOO.O)MOTION SECOND
AYES
Coontz
Murphy
Spurgeon, Barrera,
Mayor
Beyer, Coontz, Murphy That Resolution No. 8229
as introduced be adopted and same was passed and adopted by the preceding vote.8.5
RESOLUTION NO.
8230 A Resolution of the
City Council of the City of Orange ordering territory designated as Reorganization No. 108 - Loma/
Southridge detached from the City of Anaheim and annexed to the City of Orange. (A3IOO.
0)MOTION SECOND AYES Coontz Murphy
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy That
Resolution No. 8230 as introduced be adopted
and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 8231 A
Resolution of
the City Council of the
City of Orange overturning the decision of the Zoning Administrator and granting Variance No. 1952-93 to
permit an additional sign along the frontage of property located at 1140 W. La
Veta Avenue. (V1300.0)Owner: St. Joseph's Hospital MOTION SECOND
AYES Murphy Spurgeon Spurgeon, Barrera,
Mayor
Beyer,
Coontz,
Murphy That
Resolution No.
823] as introduced be adopted and same
was passed and adopted by the preceding vote.PAGE 7
CITY COUNCIL MINUTES August 24, 1993
8. LEGAL AFFAIRS (Continued)
NOTE: Councilman Spurgeon announced he has a conflict of interest on Resolution No. 8199
and Ordinance No. 9-93. Councilman Spurgeon left the podium at 4:05
P.
M..8.7 RESOLUTION NO.
8199 A Resolution of the City Council of the City of Orange overruling the recommendation of
the Planning Commission of the City of Orange and approving Negative Declaration
1425-93,General Plan Amendment 3-93 and Zone Change 1159-93. (Continued from
6/22/93 and 7/
27/93). (ZI500.
0)Zone Change 1159-
93 General Plan Amendment
3-93 Applicant: City of Orange Discussion: The City Attorney was asked to explain
the mitigation measure on conditional use permit requirements for R-2-610ts outlined in
Resolution No. 8199 B4, Page 2. The City Attorney opined this section directs staff
to prepare an ordinance requiring a conditional use permit for any development project that would result in
more than two dwelling units on any R-2-6 lot in the City. Pending this ordinance,
if Council decided to go ahead with the subject mitigation measure no building permits
would be issued for any construction or improvements in connection with the Culver
Street Zone Change until there was a public hearing.Councilman Murphy
commented the mitigation measure outlined in Resolution NO.8 8199 applies only to those properties that
are subject to Zone Change 1159-93. Today's action will put this interim measure on the subject
properties should there be a request for more than two units to be built on one of these properties in
an interim period until such time there could be a separate public hearing for this to be
applied to the entire R-2-6 zone. The
City Attorney and Director of Community confirmed this was a correct understanding.The Assistant
City Attorney commented the reason the proposed ordinance would have to apply to the entire R-2 Zone throughout
the City was because of the Council's desire to not create a new overlay. In order to do that
an amendment would have to be made to the entire zone. It's still not predeciding any
issue on that regard. The Council could at that time determine that it wanted to change
and go to an overlay if they did not like the City-wide applications.The Deputy City Clerk
read a letter
from Shannon 1. Tucker, 556 East Culver Ave, in support of Resolution No. 8199.David Hart,
1249 E. Palm, spoke in opposition
to tying
CITY COUNCIL MINUTES August 24, 1993
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
NOES
ABSENT
Barrera Mayor
Beyer Barrera, Mayor
Beyer, Murphy Coontz Spurgeon That
Resolution No.
8199 as
introduced be adopted and same was passed and adopted by the preceding vote.Councilwoman Coontz gave
the following
comments: "I voted against the application for the zone change for a number
of reasons. In trying to fix the resulting problem, and I think we should have gone through a reconsideration
process to discuss all the aspects of the previous decision instead of pursuing and attaching
a new ordinance. We have just convoluted the problem. What we are now dealing with
is the opening up of a can of worms with a new policy that we're devising for the entire City
of Orange. I can't agree this is the procedure to take. "NOTE: The following item was
added as an addendum to the agenda, and posted within the 72 hour notice requirement.8.8
ORDINANCE NO. 9-
93 An Ordinance of the
City Council of the City of Orange amending Section 17.06.030 of the Orange Municipal Code and
reclassitying property situated on the south side of Culver Avenue between Shaffer Street and
Cambridge Street and certain adjoining parcels on the east side of Shaffer Street and the
west side of Cambridge Street to the R-2-6 classification. (ZI500.0)Zone Change
1159-93 Applicant:
City of Orange MOTION
SECOND
AYES
NOES
ABSENT
Barrera
Mayor Beyer
Barrera, Mayor Beyer,
Murphy Coontz Spurgeon That Ordinance
No. 9-
93 have
first reading waived and same was set for second reading by the preceding vote.NOTE: Councilman Spurgeon
returned to
the podium at 4:30 P.M.9. RECESS TO THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY PAGE 9
CITY COUNCIL MINUTES August 24, 1993
10. ORAL PRESENTATIONS
Bob Bennyhoff, 10642 Morada Dr., requested information on what will happen to Loma Road
when the developer paves it up to the Southern California Edison easement, since there is another
one-half mile that will not be
completed?The Traffic Engineer indicated he will submit a report for the September 14, 1993
agenda.11.
RECESS
MOTION
SECOND
AYES Barrera
Mayor Beyer Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
recess at 4:40 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:National Advertising
vs the City of Orange, U.S. District Court Case No. 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) (1).
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.
NOTE: Due to an expected lack of quorum there was no 7:00 p.m. Session
PAGE 10
CITY COUNCIL MINUTES August 24, 1993
ADJOURNMENT
MOTION
SECOND
AYES
Spurgeon Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
adjourn at 7:25 P.M. from Closed Session, cancel the Study Session and adjourn to a Study Session,
August 31, 1993 at 5:00 P.M. in the Weimer Room to discuss proposed adjustments to
the Parks and Recreation Fees prepared by staff and consultant Ron Rothschild and also
discuss some money-saving measures assigned to staff earlier by the Council.M~
cilyn J. Jensen MARILYN
J. JENSEN, CMC CITY
CLERK BY, ~
nt(dACMT CASSANDRA
J. CAT ART DEPUTY
CITY CLE PAGE
11