09-21-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
SEPTEMBER 21,1993
The City Council of the City of Orange, California convened on September 21, 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
APPROVALOF MINUTES Adjourned Regular
Meeting September 8, 1993.MOTION - Barrera
SECOND - Murphy AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTATIONS/
ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Beyer introduced Interim City
Manager, William F. Cornett.1.5 PROCLAMA nONS Proclamation
declaring September 21, 1993 "
Finance Department Employees'Appreciation Day" was accepted by
Jeanne Arehart, Acting Finance Director, on behalf of the Finance Department.Proclamation declaring
the month of
September as "Literacy Month" was accepted by Gary Wann, Director of the
Library/Community Services and Roseanne Miller, Literacy Coordinator.2.CONSENT CALENDAR TAPE
226
2.1 Declaration of City
Clerk, Marilyn J. Jensen declaring posting of City Council agenda ofa regular meeting of September 21,
1993, at Orange Civic Center, Main Library, Police facility at ll07 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.PAGE 1
CITY COUNCIL MINUTES SEPTEMBER 21, 1993
2. CONSENT CALENDAR (Continued)
2.2 Request for approval of special event - Holy Family Cathedral Parish annual Parish Fiesta on
September 24-26, 1993. (P1300.0.9)
FISCAL IMPACT: None. All fees will be paid.
ACTION: Approved.
2.3 Request for approval of special event - St. Norbert's Church to hold annual fundraising festival
on October I, 2 and 3, 1993. (PI300.0.9)FISCAL
IMPACT: None. All fees will be paid.ACTION:
Approved.2.
4CLAIM FOR DAMAGES FROM: (C3200.0)Gary
Truitt.FISCAL
IMPACT: None.ACTION:
Denied claim and referred to City Attorney and Adjuster.2.
5 Authorize receipt of $91,937.00 in California Library Literacy Services Grant funds for the
purpose of continuing Partners in Reading, the Orange Public Library Literacy Program,
and to allocate the funds to Activity 200 I. (C2500.I)FISCAL
IMPACT: Increase in funds to Activity 2001.ACTION:
Approved.2.
6 Request from Orange Unified School District for waiver of banner permit fees for Red Ribbon
Week, October 23-31,1993. (P1300.0.9)
FISCAL IMPACT: None.
ACTION: Denied waiver offees.
2.7 Request for the installation of red curb markings on the east side of the driveway located
at 1110 E. Almond Ave. (S4000.S.3.1.l)
FISCAL IMPACT: Funding for this type of work is provided through the #250 Traffic
Safety budget.
ACTION: Approved.
2.8 Request for the installation of 40 feet of red curb for the OCTA bus stop located on the
south side of Almond Ave., 150 feet easterly of Glassell St. (S4000.S.3.1.l)
Page 2
CITY COUNCIL MINUTES SEPTEMBER 21,1993
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funding for this type of work is provided through the #250 Traffic
Safety budget.
ACTION: Approved.
2.9 Request for the removal of red curb markings adjacent to Trinity Episcopal Church,
located at 2400 N. Canal St. (S4000.S.3.1.1)
FISCAL IMPACT: Funding for this type of work is provided through the #250 Traffic
Safety budget.
ACTION: Approved.
2.10 Request Council approve Administrative Agreement No. 92-061; Santiago Canyon
Road from Windes Drive to Newport Boulevard. (A2IOO.0.Agr.2017.
1)FISCAL IMP ACT: Funding has been budgeted in the Gas Tax Fund for this
project.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.11 Request Council award a contract in the amount of $159,865.50 to Nobest, Inc.
for Chapman Avenue from Santiago Creek to Yorba Street. (A2IOO.0.Agr.
2135)FISCAL IMPACT: $160,000.00 is budgeted in the Measure M Fund and $40,000.00
is budgeted in the TSIP Area C Fund for this
project.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.12 Request to award Bid #934-03 for the street wideninglreprofiling
improvements for Cambridge St. at Collins Ave., and for Shaffer St. at Collins Ave. - S.P. 3053 Phase II,
in the City of Orange, to Sully-Miller Contracting Company in the amount of $226,
480.50 and reject all other bids. (A2IOO.0.
Agr.2136)FISCAL IMPACT: This contract is to be funded through a combination ofTSIP
Area B and Measure M funds
as follows TSIP Area B
Funds -a) Cambridge St. at Collins
Ave.100,000.00 Fund #
284-5032-483100-6020 49,
800.00 Fund #284-5032-783100-
6020 b) Shaffer St. at
Collins Ave.56,
325.00 Fund #284-5032-
783100-6021
CITY COUNCIL MINUTES SEPTEMBER 21,1993
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.13 Request for Sound Vehicle Permit from St. John's Lutheran Church for Saturday,
September 25, 1993 from 11:30 a.m. - I :30 p.m. and 4:30 - 6:30 p.m. (p1300.0.9)FISCAL IMPACT:
None.Reverend Phillip
Sipes, St. John's Lutheran Church, 154 N. Shaffer, spoke in favor of the request.MOTION -
Coontz
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy ACTION: Approved.MOTION - Barrera SECOND -
Spurgeon AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy
Item 2.13 was removed and heard separately,
all other items on the Consent Calendar were approved as recommended END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR
BEYER - None 4. REPORTS
FROM COUNCILMEMBERS Councilwoman Coontz gave the following
statement: "At our last
Council meeting, I brought up a question about agendizing an item. I apologize, Mr.
Mayor, for apparently not understanding what the policy of the Council was. I based
my request on past situations where sometimes very important issues have been brought forth and discussed. As
far as the writing of the request, I wanted to be sure that when I addressed it,
I used the right words and expressed myself, so I did write it out. Copies were not made, but copies
were requested, and anyone that wanted them, a staff person gave it to them later.For Councilman
Spurgeon, this is because I read a
newspaper feature. I did not mean this in the political sense, but certainly continuing to look, as I
always have, after the interests of the taxpayer. It was just a matter of trying to
agendize something. I hope at a future date, we can agendize the issue which is left hanging."Page 4
CITY COUNCIL MINUTES SEPTEMBER 21,1993
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 345
5.1 Report from Community Video Advisory Board regarding C-SPAN broadcast
on government channel. (OR1800.0.
28)The Assistant City Manager reported the Community Video Advisory Board recommended
that Cablevision of Orange be permitted to use Channel 19, the City Government Channel, to show
C-SPAN during the times that it is preempted on Channel
98.Pat Buttress, committee member, indicated Cablevision of Orange was contacted and this was
the only option
available.
MOTION
SECOND
AYES Barrera
Murphy Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
approve the request, but to reconfirm there is not a current legal alternative to a single channel placement
for C-SPAN.6.
ADMINISTRATIVE REPORTS - None 7.REPORTS
FROM CITY MANAGER TAPE 516 7.1
Report from City Manager and City Clerk on copy machine for public use.Continued from
9/14/93,) (C2500.C)The City
Clerk recommended the present charge and procedure for researching and making copies of
records be maintained. If the City Council makes the determination that the charge is not a
significant revenue producer, and desires to not recover costs involved in the production of a copy
of an original document, then it is suggested they reduce the charge to a flat .25 cents per page.Council
discussed
the possibility of deciding the size of a standard or average size document and proposed that
the per page cost would rise slightly. As an example, if the first page would be 75 cents and
40 cents thereafter, the break-even point would hit more quickly.Carole
Walters, 534 N. Shaffer St., commented she did not know about the imaging system. Mrs.Walters
asked what the fee for copies will be.MOTION
SECOND
AYES
Coontz
Murphy Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy PageS
CITY COUNCIL MINUTES SEPTEMBER 21, 1993
7. REPORTS FROM CITY MANAGER (Continued)
Moved to change the fee based on a determination of the average per page cost based on the
number of copies that are requested for a standard sized document. The City Clerk and Revenue
Manager were instructed to begin the analysis and construct the fee structure.
8.LEGAL AFFAIRS TAPE 864
8.1 RESOLUTION NO. 8227
A Resolution of the City Council of the City of Orange amending Resolution No. 5620 pertaining
to the administration, investigation, allowance, compromise and settlement of occurrences
involving civil liability to the City. (C2500JA.2I)
MOTION
SECOND
AYES
Barrera Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved that Resolution
No. 8227 as introduced be adopted and same was passed and adopted by the preceding vote.
8.2 RESOLUTION
NO. 8240 A Resolution of
the City Council of the City of Orange expressing appreciation to City Manager Ronald L. Thompson
and commending him for his outstanding record of service to the City of Orange. (C2500.E)
MOTION SECOND AYES
Mayor
Beyer
Coontz
Spurgeon, Barrera, Mayor
Beyer, Coontz,
Murphy Moved that Resolution No. 8240 as
introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION
NO. 8241 A
Resolution of the City Council
of the City of Orange amending the Orange Supervisory and Management Association Resolution No. 7673 to
add the classifications of Business Development Officer, Position No. 913 in Fund
930-9821 and Real Estate Officer, Position No. 898 in Fund 930-9821 effective September 21,
1993.C2500.J.4.1)
MOTION SECONDAYES Spurgeon
Barrera
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
Page 6
CITY COUNCIL MINUTES SEPTEMBER 21, 1993
8. LEGAL AFFAIRS (Continued)
Moved That Resolution No. 8241 as introduced be adopted and same was passed and adopted by
the preceding vote.
8.4 RESOLUTION NO. 8242
A Resolution of the City Council of the City of Orange amending the Professional, Technical and
Clerical Resolution No. 7614 to add the classification of Economic Development Specialist,
Salary Range 441 ($3217-$4125), Position No. 487 in Fund 930-9880 effective September
21,1993. (C2500.J.4.
5)
MOTION
SECOND
AYES Spurgeon
Coontz Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved that
Resolution No. 8242 as introduced be adopted and same was passed and adopted by the preceding
vote.8.5
ORDINANCE NO. 12-93 An
Ordinance of the City Council of the City of Orange establishing a cost reimbursement system and
a fee for improper use of the 911 system. (A2500.0)MOTION
SECOND
AYES
Coontz
Murphy Spurgeon,
Barrera,
Mayor Beyer, Coontz, Murphy Moved that Ordinance
No. 12-93 have second reading waived and be adopted and same was passed and
adopted by the preceding vote.8.6
ORDINANCE NO. 13-93 An
Ordinance of the City Council of the City of Orange amending Chapter 10.10 of the Orange Municipal
Code regarding use of bicycles by police officers. (A2500.0)MOTION
SECOND
AYES
Barrera
Murphy Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved that Ordinance No.
13-93 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 PRESENTA
TIONS - None Page 7
CITY COUNCIL MINUTES SEPTEMBER 21, 1993
11. RECESS
MOTION
SECOND
AYES
Murphy
Barrera Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
recess at 3:40 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:City of
Orange vs. County of Orange, Orange County Superior Court Case No. 68 18 89.Prosser vs.
City of Orange, Orange County Superior Court Case No. 69 92 57.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 Code Section 54956.
9(b)(I).e. To
consider and take possible action upon personnel matters pursuant to Government Code Section 54957.
NOTE: The
City Attorney removed Item f 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
Given by
Ron Thompson, retiring City Manager 12.1
PLEDGE OF ALLEGIANCE TO THE FLAG 12.2
ANNOUNCEMENTS Councilman Murphy
requested permission to leave the State because of business responsibilities.MOTION SECOND
AYES
Barrera
Spurgeon
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved to approve the request.
12.3 INTRODUCTIONS - None 12.
4 PROCLAMATIONS - None Page 8
CITY COUNCIL MINUTES SEPTEMBER 21,1993
12.5 PRESENTATIONS - None Resolution
No. 8234 was presented to Mr. Ken Diel commending him for heroic action in rendering
assistance to officers in foot pursuit of a fleeing suspect.Resolution
No. 8235 to Ms. Carol Mendez commending her for heroic action in rendering lifesaving
aid to ten-month old Jonathan Rivas will be sent to Ms. Mendez, since she was unable
to attend the Council meeting.
Resolution No. 8236 was presented to Ms. Linda Miller commending her for heroic action as she
assisted in lifesaving efforts to ten-month old Jonathan
Rivas.Resolution No. 8237 was presented to Ms. Gayle Lewis commending her for heroic action
in rendering lifesaving aid to ten-month old
Jonathan Rivas.13.PUBLIC HEARINGS
TAPE 1311 13.1 GENERAL PLAN AMENDMENT 8-93, ZONE CHANGE
1164-93, CITY
OF ORANGE: (C2300.E)Time set for public hearing on petition by the City of Orange to consider a
request to adopt a specific plan for the Santa Fe Depot Area which includes a general
plan amendment to redesignate the project area from Industrial to Old Towne Mixed Use and Medium
Density Residential (15 to 24 dwelling units per acre). In addition, a zone change is
proposed from M-l (Light Manufacturing), C-2 (General Business), and R-
3 (Residential Multiple Family) Districts to a Specific Plan designation that identifies
locations of Multiple Family Residential, Mixed Use,Commercial, Public Facilities, Open Space-
Park and Light Industrial. Subject property consists of approximately 31.6 net acres (
approximately 93) parcels including and surrounding the Historic
Santa Fe Railroad Depot (184 N. Atchison Street).The study area is located generally on the
north and south sides of Chapman Avenue between Pixley and Olive Streets, both sides of the 100
and 200 blocks of North Cypress and Lemon Streets, the east side of the 100 block of north Pixley Street and
the east side
of the 300 block of north Cypress Street.NOTE: In compliance
with the California Environmental Quality Act (CEQA), Negative
Declaration 1435-93 has been prepared
for this project.MAYOR BEYER OPENED THE PUBLIC HEARING.The
Administrator of Advanced Planning reported the Planning Commission recommended changing the General
Plan on
CITY COUNCIL MINUTES SEPTEMBER 21, 1993
13. PUBLIC HEARINGS (Continued)
from Industrial to Old Towne Mixed Use, and to rezone that portion from M-l to
Light Manufacturing to C-2 General Business District to a Specific Plan designation
that identifies locations for Mixed Use, Commercial, Public Facilities and Open Space.
The Planning Commission also recommends retaining the existing General Plan Designation
ofIndustrial on that portion of the study area north of Maple Avenue and retain the existing
M-l Light Manufacturing zoning on that portion of the study area north of Maple
Avenue. It was recommended that staff look at alternative uses for the area north
of Maple Avenue.In a separate, but related action, the Planning Commission recommended that
no consideration be given for an extension of Maple Avenue under the railroad tracks because
of the destructive nature of such an action on the Santa Fe Depot area as well as the
surrounding residential areas.The Administrator of Advanced Planning indicated staff has reviewed possible
alternative uses for the area north of Maple Avenue, and do not find any appropriate use or economic
uses for that property. It was suggested the mixed use concept be kept in mind even though
Council may want to rezone only the southern portion of the area. The mixed use idea be kept as a
long term intent,and staff be directed to continue to work with property owners in the northern
portion of the study area bringing back to Council and the Planning Commission a residential
project for a General Plan Amendment and amendment to
the Specific Plan.The
following people spoke:Carole Walters, 534 N. Shaffer, asked how many units are proposed in
the housing development located in the Santa
Fe Depot area?The Administrator of Advanced Planning commented the proposed
plan would accommodate approximately 300 units. The density is 15 to 24 dwelling units per acre for
the entire area.Ms. Walters felt it was wrong to have high density in this area when Council
has just downzoned the neighborhood next
to this project.Ron Freidas, 349 N. Olive, asked if the Anaconda Building
will be rezoned?The Administrator of Advanced Planning indicated the
Planning Commission recommendation was to only rezone the first block between Chapman and Maple Avenue
at this time.Javier Solario, 185 N. Cypress, asked if the three houses located at the north
corner of Cypress Street
would be
CITY COUNCIL MINUTES SEPTEMBER 21,1993
13. PUBLIC HEARINGS (Continued)
The Administrator of Advanced Planning commented the three houses on the east side of
Cypress, south of Maple Avenue in the long term would be replaced by some type of commercial
use.
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Coontz Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to accept
Negative Declaration 1435-93 according to the Planning Commission recommendations.MOTION
SECOND
AYES
Coontz
Barrera
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved to partially approve General
Plan Amendment 8-93 as outlined in Planning Commission Resolution No. PC-45-
93.MOTION SECOND
AYES
Coontz
Murphy
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved to partially approve Zone
Change 1164-93 as outlined in Planning Commission Resolution No. PC-45-93.
MOTION SECOND
AYES
Coontz
Murphy
Spurgeon, Barrera,
Mayor
Beyer, Coontz, Murphy Moved that no consideration
be given to an extension of Maple Avenue as an underpass under the Atchison, Topeka and Santa
Fe Railroad tracks. Also, the Planning staff was directed to continue to work with property
owners in the area north of Maple Avenue to develop specific projects to be presented to the
Planning Commission and Council for public hearings.14. PLANNING AND ENVIRONMENT -
None Page 11
CITY COUNCIL MINUTES SEPTEMBER 21, 1993
15. ORAL PRESENT A nONS
Gilbert Robles, 437 N. Center St., indicated his 91 year old mother lives at this address and the
area has become rundown. The houses Chapman University owns are the worst on the block.
Mr. Robles has a parking permit, yet has a hard time finding a parking space. Emergency and
repair vehicles cannot find places to park because of student parking. If parking tickets are given,
the judges are not enforcing the laws because a parking sign on that block has been removed.
Mayor Beyer instructed the Police Chief to investigate the problem.
Paul Stokker, 463 N. Center, complained about front lawns not being watered, couches on the
front lawns, beer bottles and trash.
Mayor Beyer instructed the Code Enforcement Division to investigate. Also this will be brought
to the attention of the Council/Chapman University Liaison Committee.
Carole Walters, 534 N. Shaffer, commented Chapman does not care and are not good neighbors.
The City should charge Chapman a fee for not keeping up their property.
16. ADJOURNMENT
MOTION
SECOND
AYES
Murphy Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy The City Council
adjourned at 755 P.M.gg-ftU~CITY
CLERK
Page 12