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12-21-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA December 21, 1993 The City Council of the City of Orange, California convened on December 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, Coontz, Murphy ABSENT - Mayor Beyer 1.3 APPROVALOF MINUTES - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR - Tape 83 All matters on the Consent Calendar are considered by the Council to be routine and will be enacted by one motion unless a Councilmember requests separate action, discussion, or removal of the item.This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing in the following agenda.PUBLIC PARTICIPATION: At the conclusion of the meeting on items listed on this agenda, members of the public may address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council.2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of December 21, 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 1"'-------- CITY COUNCIL MINUTES December 21, 1993 2. CONSENT CALENDAR (Continued) 2.3 Request authorization to approve a Homeowner Participation Program Grant and authorize the Finance Department to prepare a warrant in the amount of $1,137.50. C2500.G.1.3.1) FISCAL IMPACT: Funds are available in Account No. 316- 6053-427800-1221 Homeowner Participation Program). Case # 566.ACTION: Approved.2.4 Authorize and approve the award of Bid No. 934-10, Construction of Water Well #24, to Layne-Western Co., Chino, CA in the amount of $181,029.00 and reject all other bids.A2100.0 AGR-2178)FISCAL IMPACT: $181,029.00 is budgeted in Water Capital Projects.ACTION: Approved.2.5 CLAIM FOR DAMAGES FROM (C3200. 0)Kathleen Anne Zeyak Bonnie Tipton-Eggman Moises Garcia FISCAL IMPACT: None.ACTION: Denied claims and referred to City Attorney and Adjuster.2.6 Request to upgrade one part- time Librarian II (Literacy Coordinator) Position # 158, to full-time status with benefits. (C2500.1)FISCAL IMP ACT: Funding for this position is provided through grants.ACTION: Approved.REMOVED AND HEARD SEPARATELY.)2.7 Ratification of City Manager's response regarding time of performance of certain obligations pursuant to the Development Agreement between the City of Orange and Woodcrest Development, Inc. (A2100. 0 AGR-1416. B)FISCAL IMPACT: None.MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy CITY COUNCIL MINUTES December 21, 1993 2. CONSENT CALENDAR (Continued) ACTION: Received and filed report. Council requested an update by mid-February on the extension of Serrano, which has been in question for 10 years. They also want a yearly update on the status of the development agreement, with demonstration of financial ability of applicant to construct Serrano and timetable to perform.2.8 Request Council accept proposal to study possible re-organization of Crawford Hills Assessment District No. 90-1. (Tl100. 0.1 ASD-90-1)FISCAL IMP ACT: None. All costs to be paid by BA Properties.ACTION: Directed staff to have draft assessment report prepared and a review of District Official Statement.2.9 Request Council approve transfer of$30,000.00 from Fund No. 100-5011-427800 to 100-5011-471301 and $14,900. 00 from Fund No. 100-5011-424102 to 100-5011-471301 and appropriate said funds to facilitate the purchase of an electrostatic plotter. (C2500.M) FISCAL IMPACT: No net impact on budget.ACTION: Approved. MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Item 2.7 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 3.1 Status report from Mayor Beyer on EI Toro Marine Base reuse. (C2500.D.l)None.3.2 Reappointment of Mayor Pro Tern Fred L. Barrera to the Orange County Vector Control District for a two-year term to expire on 12/ 31/95. (OR1800. 0.3.20)MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to confirm CITY COUNCIL MINUTES December 21, 1993 4. REPORTS FROM COUNCILMEMBERS - None.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.6. ADMINISTRATIVE REPORTS - Tape 183 6.1 Approve proposed fee increases in Recreation Programs. (C2500.J.1.0.1)The City Manager asked how much of the revenue would be coming in this fiscal year. The Community Services Manager indicated it was about one-half. He did not have the exact figures,but will get them.Bill Leming, representing the Orange Youth Council, indicated they are satisfied with the new fee structure.FISCAL IMPACT: $ 144,000.00 in revenue to the General Fund.MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to approve all fee increases, except for aquatics, pending contractual arrangements with the Orange Unified School District on pool maintenance, which are expected in the near future.Council requested a report on the effect of the fee increases as far as enrollment.6.2 Cooperative Agreement with Orange County Transportation Authority for improvements to the Fairhaven Bridge at the SR-55 (Costa Mesa) Freeway. (A2100.0 AGR-2179)FISCAL IMP ACT: The City's share ($677,000.00) will be provided through: #284 TSIP Area B 383,000.00); and # 550 GMA-7 ($294,000.00).MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved the conditions of the Cooperative Agreement between the City of Orange and OCT A for the Fairhaven overcrossing and authorized the Mayor and City Clerk to execute on behalf of the City, with disposition of funds as indicated above.7. REPORTS FROM CITY MANAGER 7.1 Report from City Manager regarding the Contract Fire Services in Orange County -History and Analysis. (Continued from 12-14-93.) ( C2500.H)PAGE 4 CITY COUNCIL MINUTES December 21, 1993 7. REPORTS FROM CITY MANAGER (Continued) MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to continue this item to January 11, 1994 for consideration by a full Council.7.2 Report from City Manager regarding expenditure of$330,000.00 for North Net Communications Computer-Aided Dispatch Records Management System replacement.Continued from 12- 14-93.) (C2500.H)MOTION - Spurgeon SECOND - Murphy A YES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Approved the expenditure of$330, 000.00 for North Net Communications Computer-Aided Dispatch Records Management System. Approved a loan of $330,548.00 from the General Fund to the Fire Facility Fee Funds to pay the City's share of the purchase of the CAD/RMS and relocation ofthe center. 8. LEGAL AFFAIRS - Tape 1003 8.1 RESOLUTION NO. 8274 A Resolution of the City Council of the City of Orange amending Police Management Association Resolution No. 7498 to eliminate the classification of Police Records Manager at salary range 474, $3793 to $4863, and furthermore amending Resolution No. 7497 of the City of Orange Police Association to add the classification of Police Records Supervisor at salary range 434,3107 to $3984. (Continued from 12-14-93.) (C2500J.4.2.1)MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to continue this item to January 11,1994.8.2 RESOLUTION NO. 8282 A Resolution of the City Council of the City of Orange expressing appreciation to John K. French of the General Services Department and commending him for more than thirty-two years ofloyal and dedicated service. (C2500J.3)PAGE 5 CITY COUNCIL MINUTES December 21, 1993 8. LEGAL AFFAIRS (Continued) MOTION - Murphy SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer That Resolution No. 8282 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 8283 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 923-08; R. J. Noble Company; Glassell Street from Lincoln Avenue to Santa Ana River. (A2100.0 AGR-2034)MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer That Resolution No. 8283 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 8284 A Resolutionof the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 923-16; Southern California Underground; Orange Street Storm Drain, Chapman Avenue to Palm Avenue. (A2100.0 AGR-2077)MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer That Resolution No. 8284 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 8285 A Resolution of the City Council of the City of Orange amending Resolution No. 7878 relating to the classification and compensation and terms of employment of designated executive management, staff management and labor confidential employees moditying the salary level for Accounting Manager from Range 466, $3,644 to $ 4,673, to Range 496, $4,232 to $5,427 pursuant to reorganization of the Finance Department. (C2500. J.4.6)PAGE 6 CITY COUNCIL MINUTES December 21, 1993 8. LEGAL AFFAIRS (Continued) MOTION - Murphy SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer That Resolution No. 8285 as introduced be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 8286 A Resolution of the City Council of the City of Orange amending Resolution No. 7613 of the Operations and Maintenance unit to extend the effective date of the agreement through September 24, 1994 and incorporate the attached addendum to the Memorandum of Understanding between the City of Orange and the Operations and Maintenance unit effective October 1, 1993 through September 24, 1994. (C2500J. 4.4)MOTION - MurphySECOND - Spurgeon A YES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer That Resolution No. 8286 as introduced 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 Frank Elfend, Elfend and Associates, 610 Newport Center Drive, Suite 1290, Newport Beach,expressed his frustration to Council in dealing with Redevelopment staff on the Villa Santiago Apartments project, which has been in the works for over a year. His client wants a schedule and meaningful negotiations to take place so an agreement can be worked out. (See Item "a" on Redevelopment Agenda under Recess.) Council directed Staff to come back on January 11, 1994 with deal points/key issues and status of project.Carole Walters, 534 N. Shaffer Street, urged Council to encourage Staff action on Villa Santiago Apartments.Corinne Schreck, 446 James, was surprised it has taken a year to get this project off the ground.The area needs attention very badly and she requested the project be hastened along.Pat Buttress, Southern California Edison Company, 531 E. Chapman Avenue, gave Council an update on the Loma Street extension. It will be completed ahead of schedule, by the end of February.PAGE 7 CITY COUNCIL MINUTES December 21, 1993 10. ORAL PRESENTATIONS (Continued) Carole Walters, 534 N. Shaffer, requested an update on the bus stop situation in the Glasselll Almond area. The City Traffic Engineer reported he has met with senior citizens' representatives and reached an agreement which they are happy with. This solution will be reviewed by the Traffic Commission and then come to the Council, hopefully in late January. Fred Krebs, 1100 E. Mardell, reported he is working with gangs at Hart Park. He requested a desk or work space so he can get some things done related to this. Council referred him to the City Manager. 11. RECESS The City Council recessed at 4:00 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 Securities, Inc., NASD Arbitration No. 92- 03685 Dewain Snapp vs. City of Orange, et al. OCSC Case No. 70 50 24.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)( 1).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.PAGE 8 1""-- CITY COUNCIL MINUTES December 21, 1993 7:00 P.M. SESSION 12. INVOCATION Given by Senior Minister Taft L. Mitchell, North Orange Christian Church. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS Mayor Pro Tem Barrera reported Council has taken action by unanimous vote to extend the contract ofInterim City Manager Bill Cornett until February, 1994. 12.3 INTRODUCTIONS - None.12. 4PROCLAMATIONS - None.12.5 PRESENTATIONS - None.13. PUBLIC HEARINGS - Tape 1850 13.1 PUBLIC HEARING AND ADMINISTRATIVE REPORTS REGARDING HOME OCCUPATION AND TRUCK PARKING REGULATIONS: (A2500.0)A ORDINANCE AMENDMENT 3- 93, HOME OCCUPATIONS, CITY OF ORANGE:The public hearing on petition by the City of Orange to consider a proposed ordinance amendment adding provisions to the Orange Municipal Code, Title 17 - Zoning Ordinance, to modifY the City's Home Occupation Use standards has been continued from November 9,1993.NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305.THE PUBLIC HEARING WAS REOPENED.The following people spoke in favor of changing the ordinance on Home Occupations:Casey Burns, 837 E. Adams Ave.Roger Stafford, 816 E. Wilson.Jack Payne, 807 E. Adams The following people spoke in opposition:Marilla Hamor, 839 S. Oakwood.Alice Clark, 205 N. Pine Street.Corinne Schreck, 446 N. James.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.PAGE 9 CITY COUNCIL MINUTES December 21, 1993 13. PUBLIC HEARINGS (Continued) MOTION - Murphy SECOND - Spurgeon AYES - Spurgeon, Coontz, Murphy ABSENT - Mayor Beyer NOES - Barrera Moved that this item is categorically exempt from the provisions ofthe California Environmental Quality Act per CEQA Guidelines Section 15305.MOTION - Murphy SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to deny Ordinance Amendment 3-93.B. Consideration of Ordinance Amendment regulating the parking and storage of trucks and other equipment within residential zoned areas both on the public streets and on private property.MOTION -Murphy SECOND -Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to accept this report and set the proposed ordinance amendment for first reading at the next available Council meeting.C. Report from the Police Department on current regulations regarding truck parking on residential streets.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to receive and file report.PAGE 10 I CITY COUNCIL MINUTES December 21, 1993 13. PUBLIC HEARINGS (Continued) 13.2 CONDITIONAL USE PERMIT 2028-93, TAlT & ASSOCIATES (FOR THRIFTY OIL): (C3300.0 CUP-2028-93)The public hearing on petition by Tait & Associates (for Thrifty Oil) to consider Conditional Use Permit 2028-93, a request to sell beer and wine within the retail sales area of an existing automotive service station has been continued from November 16, 1993.The property is zoned C-TR (Commercial-Tustin Redevelopment District), and the off premise sale of beer and wine in conjunction with the sale of motor fuel is allowed subject to the issuance of a conditional use permit. Subject property is located at the southeast corner of Tustin Street and Heim Avenue (2493 N. Tustin St.).NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA) per CEQA Guidelines Section 15301.THE PUBLIC HEARING WAS OPENED.The following people spoke in favor of the project:Joshua Kaplan, 9171 Wilshire Blvd., Beverly Hills, attorney for Thrifty Oil Company.Richard Tait, Tait & Associates, 800 N. Eckhoff St.The Applicant is proposing to erect a security gate to protect the residents of the adjoining condominium project. They offered to construct a 6 foot high block zoning wall. They will also erect security lighting on the premises, landscaping and signage. Thrifty is commiting to prevent loitering in the area. Their employees go through special training to handle the sale of alcoholic beverages and they indicated there would be someone there who speaks English. The following people spoke in opposition:Ilse Apodaca, 2525 Bourbon PI.Steven Pritt, 1800 E. Heim Ave #33. Florence Blakely, 1800 E. Heim #36. Darryl Harper, 1800 E. Heim #41.The Police Chief indicated this area is a high crime area. If the Conditional Use Permit was granted, they would probably protest the issuance of the ABC license. He also indicated any additional ABC license results in additional crime, but not always in the immediate surrounding area. MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer CITY COUNCIL MINUTES December 21, 1993 13. PUBLIC HEARINGS (Continued) Moved to continue this hearing to January 18, 1994. Thrifty Oil representatives to meet further with residents in the area to try to alleviate their concerns and present their proposal for the use of a security gate. Council directed Staff to explore the feasibility of the use of a security gate for this complex. Council asked for Staff clarification on how they can exercise their control over this situation as a City. 14. PLANNING AND ENvmONMENT - None.15. ORAL PRESENTATIONS - None.16. ADJOURNMENT MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer The City Council adjourned at 8: 55 p.m.1r{7i~jJ~ ~ ~Maril J. Jen nCity Clerk Gene Beyer Gene Beyer Mayor Bk~ Fred L. Barrera Mayor Pro Tem PAGE 12 r--