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02-18-1992 Council Minutes466 APPROVED BY CITY COUNCIL ON MARCH 10, 1992. CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 18, 1992 The City Council of the City of Orange, California convened on February 18, 1992 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman A venue, Orange, Catifornia. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer 1.3 APPROVAL OF MINUTES - None 1.4 PRESENT A nONSI ANNOUNCEMENTSI INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR - Tape 36 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of February 18, 1992, at Orange Civic Center, Main Library, Police facility at 1107 Nonh 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.ACITON: Accepted declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2.2 Request authorization to approve a Deferred Payment Loan and authorize the City Treasurer to prepare a check in the amount of $12,500.00, Case No. 512. Fund #315-6052-810 (Deferred Loans). (C25oo.G. l.l Deferred Payment)ACTION: Approved.2.3 Request authorization to applyfor an $80,000.00 Grant from the Califonria State Library's Literacy Campaign to continue the Orange Public Library's Literacy Program.C25oo.l) -ACITON: Approved.PAGEl 467 CITY COUNCIL MINUTES February 18, 1992 2. CONSENT CALENDAR (Continued) 2.4 Request authorization to ratify an application for a Library Services and Construction Act Grant for literacy from the Depanment of Education in the amount of $35,000.00. C25oo.l) ACTION: Approved. 2.5 CLAIM FOR DAMAGES FROM: (C32OO.0) 1. "OCTD/GUADALUPE AVILA for an alleged incident occurring on or about June 7, 1991. ACITON: Denied claim and referred to City Attorney and Adjuster. (C3200.0) REMOVED AND HEARD SEPARATELY) 2,6 Award of Bid 912-13, "Pitcher Park Development", to Micon Engineering, IncjShea Business Propenies Goint venture), Placentia, California, in the amount of $393,032. 00;and reject all other bids. (A21oo.0 A. 1913) FUNDS: 321- 7021- 485100- 0200 324-7021- 485100-0200 510- 7021-785100-0200 510-7021-485100- 0200 38, 142.00 100,000.00 222,802.00 32.088.00 State Grant)County Grant)Park Acquisition & Dev.)Park Acquisition & Dev.)Councilwoman Coontz read the following letter from Alice Pitcher:Dear Mayor and City Council:I understand that the Pitcher project is progressing. I am pleased to know that applications of development are in progress. I appreciate all the hard work and the cooperation of the Staff in this undenaking. The committee headed by Joanne Coontz is doing a fine job. Joanne keeps me informed of its progress. I know that it takes time and money to complete this project. I am pleased with the way the grounds are kept up.My only hope is that I will get to see the completion of Pitcher Park in my lifetime. I am now 88 years old, but I am feeling well. At my age, one cannot predict the future. I am livin,g in a Senior Retirement Apanment, which seems best for me.Thanks again for all the work you are doing. It is a big task 468 CITY COUNCIL MINUTES February 18, 1992 2. CONSENT CALENDAR (Continued) Bill Leming, 2720 E. Walnut, addressed the Council expressing concern over the amount of money being spent on this project. Staff indicated this money is earmarked from developer fees, and county and state grants. There is no impact to the City's general fund. He feels the City is in desperate need of lighted fields for youth spons and has been for a number of years and the money might be better spent in that area. MOTION - Coontz SECOND - Spurgeon A YES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer ACTION: Approved.REMOVED AND HEARD SEPARA TEL Y)2.7 Request from the Orangewood Children's Foundation for approval to conduct, and co-sponsor the Seventh Annual Round Orange Race on AprilS, 1992 from 6:00 a.m. until 11:00 a.m. ( p13oo.0.9)NOTE: Councilman Steiner disqualified himself from the vote on this item, due to his involvement with Orangewood Children' s Foundation as Executive Director.It was noted that in recognition of the financial constraints faced by the City this year, the Orangewood Children's Foundation is not asking for a waiver of fees, and is prepared to pay for required City services, even though these fees have been waived for non-profit organizations in the past.MOTION - Coontz SECOND - Barrera AYES - Barrera, Coontz, Spurgeon ABSTAIN - Steiner ABSENT - Mayor Beyer ACITON: Approved.2.8 Request to approve the following appropriations of AB2766 revenue as adopted by Ordinance No. 18-91 (Mobile Source Air Pollution Fund); 1) Construct a bus bay on Tustin Street; 2) Modify Regulation XV Trip Reduction Program Incentives and Expenses; and 3) Provide for related program audit fees. (C25oo.G.5)ACITON: Approved.PAGE 3 469 CITY COUNCIL MINUTES February 18, 1992 2. CONSENT CALENDAR (Continued) 2.9 Request Council approve authorization for advenising to invite bids for a street maintenance project for various streets in the City of Orange. (S4ooo.S.7) ACTION: Approved. 2.10 Request approval of a License Agreement with Yen-La Transpon for a three year period for storage of equipment on the vacant lot at 351 N. Anaheim Boulevard. (A21oo. 0 A.644. C)ACITON: Authorized the Mayor and City Clerk to execute the agreement on behalf of the City.2.11 Receive Comprehensive Annual Financial Repon (including audited statements) for the year ended June 30, 1991, and the operating financial repons for the City for the year ended June 30,1991. (C25oo.J.1. 3)ACTION: Received and filed. MOTION SECOND AYES ABSENT Barrera Spurgeon Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Items 2.6 and 2.7 were removed and heard separately. All other items on the Consent Calendar were approved/denied as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - Tape 419 The City Clerk read the following memo from Mayor Beyer to the City Councilmembers regarding Theo Lacy Branch Jail: (OC13ooJ)I have been keeping up to speed on the Theo Lacy Jail situation. With the current circumstances, and our being aware of the County's past track record in situations such as these,we are left with few alternatives. As we have received no indication from County staff that we can trust them ih any negotiations, we should move speedily ahead with the lawsuit.If you have any questions, please feel free to contact me."PAGE 4 470 CITY COUNCIL MINUTES February 18, 1992 3. REPORTS FROM MAYOR BEYER (Continued) Bob Bennyhoff, 10642 Morada Drive, addressed the Council on behalf of the Jail Committee. The committee is anxious for the Council to file a lawsuit against the County on this matter as soon as possible. Councilwoman Coontz indicated Council is working together as a team. If there is a delay, there are reasons for it. Councilman Steiner indicated the entire Council is very strongly committed to protecting the citizens of Orange in terms of a jail expansion or maximum security prisoners being at the jail site. Committing perhaps $.5 million or more of the taxpayers' money for a lawsuit is serious business, no matter how wonhy the cause. Council must consider the likelihood of prevailing in court, before embarking on that course of action. Council wants the best legal representation possible, a good strategic plan and understanding of what direction is being taken. This is good governance. 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - Tape 642 6.1 Repon from Chief of Police regarding random and mandatory drug testing for Police Depanment Employees. Dept. Order No. 111. (C25oo.K)The Police Chief complimented Captain Dean Richards, Lieutenant Ed Tunstall, and Jim Hudson from the Depanment, as well as the City of Orange Police Assocation for their work on this program. The program is being instituted for the protection of Police employees, the City and the community. Orange is one of the fIrst Police Depanments in the County to adopt such a program. Councilman Spurgeon commended the Police Depanment for their self-awareness,making Orange Police Depanment one of the best around.MOTION SECOND AYES ABSENT Spurgeon Coontz Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Moved to receive and file repon. 7. REPORTS FROM CITY MANAGER - None PAGES 471 CITY COUNCIL MINUTES February 18, 1992 8. LEGAL AFFAIRS - Tape 778 8. 1 ORDINANCE NO. 2-92 An Ordinance of the City Council of the City of Orange amending Section 10.67.040 of the Orange Municipal Code to increase Annual Transponation Permit Fees from $70 to $85 and provide for modification of fees by Resolution. (A25oo.0 Transponation Permit Fees) Council was concerned about the fee increase. The City Traffic Engineer indicated these fees are consistent with those charged by Cal Trans. Council asked what rates were being charged by other cities. MOTION SECOND AYES ABSENT Steiner Coontz Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Moved to continue this item to February 25, 1992. Staff to repon back to Council on rates being charged by other cities for this same fee.8.2 RESOLUTION NO. 7955 A Resolution of the City Council of the City of Orange ordering the annexation of uninhabitated territory designated as Annexation No. 402 to the City of Orange. (A3100.0 No. 402)Located at 10706 Meads Avenue.)MOTION SECOND AYES ABSENT Coontz Spurgeon Steiner, Barrera, Coontz, Spurgeon Mayor Beyer That Resolution No. 7955 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 7956 A Resolution of the City Council of the City of Orange accepting a Deed of Gift of the Florence Flippen Smiley Memorial Archives from the Orange Community Historical Society to the Orange Public Library. (A2100.0 A.1912)Councilwoman Coontz indicated this is a very valuable gift and should be acknowledged as such.PAGEG 172 CITY COUNCIL MINUTES February 18, 1992 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Coontz Spurgeon Steiner, Barrera, Coontz, Spurgeon Mayor Beyer That Resolution No. 7956 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 ORDINANCE NO. 3-92 An Ordinance of the City Council of the City of Orange ordering the submission of a proposition of incurring bonded debt for the pupose of the acquisition and improvement of real propeny lying generally along Santiago Creek between Han Park and Tustin Street for a municipal park to the qualified voters for the City of Orange at an election to be held for that purpose.C25oo.D Santiago Creek)MOTION SECOND AYES ABSENT Steiner Coontz Steiner, Barrera, Coontz, Spurgeon Mayor Beyer That Ordinance No. 3- 92 have second reading waived and 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 - Tape 1320 Hot Dogger:Ed Dan of Unique Catering, a.k. a. The Hot Dogger, 1011 W. Taft, addressed the Council to determine what had become of his request to put a hot dog kiosk in front of Home Depot. It has been about seven months since Staff was requested to come back with a repon. Councilman Steiner and Barrera felt this matter could be decided by Council in the near future and asked Staff to come back with a repon as soon as possible.Term Limits:Carole Walters, 534 N. Shaffer, addressed the Council to express her suppon of Council term limits.PAGE 7 473 CITY COUNCIL MINUTES February 18, 1992 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). b. To confer with its Attorney to decide whether to initiate litigation pursuant to Government Code Section 54956.9(c). c. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b) (1). d. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. e. To meet and give directions to its authorized representatives regarding labor relation matters pursuant to Government Code Section 54957.6. 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 - given by Bud Pearson, Pastor, Orange Coast Community Church.12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None Mayor Pro Tem Barrera introduced Gina Shaffer, new reponer for the Orange County Register,nowassigned to the City of Orange.12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None PAGES 474 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS February 18, 1992 13.1 PROTEST HEARING FOR ANNEXATION NO. 392, FAIRHA YEN ISLANDS: Time set for a protest hearing for Annexation No. 392, Fairhaven Islands, Area B, as directed by the Local Agency Formation Commission on September 11,1991. (A31oo.0 No. 392) The propeny is comprised of 35.52 acres and is located nonherly of Fairhaven Avenue, easterly of Yorba Avenue to Laurinda Lane. The Annexation Coordinator reponed on October 8, 1991, the City Council held protest hearings for the three Fairhaven proposed annexation areas: No. 392, 393 and 394. Before the Council could adopt resolutions to set these annexations for an election, some residents and owners challenged the proceedings on grounds that not enough notice had been given, and therefore, the protest hearings were invalid. On November 26th, the City Council ordered that these hearings be re-noticed for a 6O-day period prior to the public hearings. The City Clerk has since re-noticed the public hearings and set them for this date.LAFCO has made it quite clear that they want the cities to follow the goals of the County Board of Supervisors and LAFCO, that all County island areas be incOlporated by their respective cities. The benefits to the homeowners of coming into the City of Orange are: propeny taxes would remain the same, water rates are 33% less, and sanitation and garbage pickup fees are less.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The following people spoke against the annexation:Richard Layton, 12951 Malena Drive.Conrad Poppenhusen, 12791 Malena Drive.Ruth Thomas, 12952 Wheeler Place.Georgann McKee, 12791 Wheeler Place.They feel a majority of homeowners are opposed to this annexation.In favor of the annexation: None.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED. MOTION SECOND AYES ABSENT Coontz Steiner Steiner, Barrera, Coontz, Spurgeon Mayor Beyer PAGEt 475 CITY COUNCIL MINUTES February 18, 1992 13. PUBLIC HEARINGS (Continued) Moved to direct the City Clerk to verify signatures and repon back within 30 days with an appropriate resolution, based on the percentage of protests received. 13.2 PROTEST HEARING FOR ANNEXATION NO. 393, FAIRHA YEN ISLANDS: -Tape 2170 Time set for a protest hearing for Annexation No. 393, Fairhaven Islands, Area C, as directed by the Local Agency Formation Commission on September 11,1991. (A31oo.0 No. 393)The propeny is comprised on 18.32acres and is located nonherly of Fairhaven A venue, easterly of Laurinda Lane to Prospect Avenue.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The following people spoke in opposition:Edwin Drinkwater, 12862 Dunas Road.Edward Heffner, 12891 Fieldstone Drive.The following people spoke in favor:Norman Kohl, 17972 Romelle Ave.Joe Fialkoff, 17881 Romelle Avenue.Chester Stearns, 12931 Prospect.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.MOTION SECOND AYES ABSENT Coontz Steiner Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Moved to direct the City Clerk to verify signatures and repon back within 30 days with an appropriate resolution based on the percentage of protests received.PAGE 10 476 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) 13.3 PROTEST HEARING FOR ANNEXATION NO. 394, FAIRHA VEN ISLANDS:-Tape 2724 February 18, 1992 Time set for a protest hearing for Annexation No. 394, Fairhaven Islands, Area D, as directed by the Local Agency Formation Commission on September 11,1992. (A31oo.0 No. 394)The propeny is comprised on 43.33acres and is located nonherly of Fairhaven Avenue, easterly of Prospect Avenue to westerly of Woodland A venue.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The following people spoke in opposition:Richard Bates, 12752 Dunas Road.Edwin Drinkwater, 12862 Dunas Road.Manin Novak, 12841 Dunas Road.William Hatch, 12861 Dunas Road.The following people spoke in favor:Joe Vockovich, 12641 Swidler Place.Ronald Dryrnan, 12971 Loretta.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.MOTION SECOND AYES ABSENT Steiner Coontz Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Moved to direct the City clerk to verify signatures and repon back within 30 days with an appropriate resolution, based on the percentage of protests received.MOTION SECOND AYES ABSENT Spurgeon Steiner Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Moved to direct Staff to provide a complete analysis of the costs to the City for these .annexation hearings.PAGE 11 4.77 CITY COUNCIL MINUTES February 18, 1992 13. PUBLIC HEARINGS (Continued) Council asked for clarification on when the resolutions would be returned. The City Clerk indicated the resolutions will be on the March 17th agenda, 7:00 p.m. Session. The City Attorney reviewed the rules on annexation. 13.4 APPEAL NO. 395, CONDITIONAL USE PERMIT 1945-91, COUNCILWOMAN COONTZ:Time set for a public hearing on petition by Councilwoman Coontz to appeal the decision by the Zoning Administrator on December 12, 1991 to approve Conditional Use Permit 1945-91,Petitioner, George Lazamk; to allow an on-sale beer and wine license in a restaurant located in the C-l (Limited Business) District. Subject propeny is located on the nonh side of Chapman A venue between Prospect Street and Esplanade Street (3533 E. Chapman Avenue, Suite E). A4ooo.0 No. 395)NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section 15301.APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:The neighbors in the area are concerned that this proposal will adversely affect the welfare of the surrounding residential community."Councilwoman Coontz read the following letter into the record, at the request of the Applicant:To: Honorable Mayor and City Council Members:With reference to Appeal #395 of 12/23191 submitted by Councilwoman Joanne Coontz,neighbors in this area have been concerned that the sale of beer and wine in a restaurant at 3533 E. Chapman, Suite E, Orange, would affect the surrounding neighborhood adversely.However, after a discussion with Chief of Police Merrill Duncan about our concerns, we are not pressing for a denial of said beer and wine license at this time. Obviously, if an adverse situation develops, we feel obligated to protest same.Personally, our neighbor actions should be directed to solving the deteriorating condition of our neighborhood. This is due to the negative impact of overcrowding, criminal activities, and health problems in the Orange Park Villas apanment project at 3138 E. Maple Ave., Orange.Thanking you,Herben 478 CITY COUNCIL MINUTES February 18, 1992 13. PUBLIC HEARINGS (Continued) Mayor Pro Tem Barrera asked if anyone was present in the audience to speak to this Issue. There was no one present. MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Coontz, Spurgeon Moved to withdraw Appeal No. 395, at the Applicant's request, for the reasons given in his letter.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION SECOND AYES ABSENT Spurgeon Barrera Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Moved to adjourn at 8:10 p.m. to a Work Study Session regarding 5,000 Square Foot Single Family Residential Lots, Planned Community Zones and a Planned Unit Development Ordinance, February 19, 1992 in the Weimer Room at 4:30 p.m.GENE BEYER MAYOR 1Juu~~~~~MARILYN J. J SEN, C CITY CLERK BY: ~. ~ 1J--. wu BARRERA, MAYOR PRO TEM PAGE 13