05-19-1992 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 19, 1992
The City Council of the City of Orange, California convened on May 19, 1992 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 - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONSI
ANNOUNCEMENTSIINTRODUCTIONS - None 1.5 PROCLAMATIONS - None
2. CONSENT CALENDAR 2.1
Declaration of City
Clerk Mari!yn J. Jensen declaring posting of City Council agenda of a regular meeting
of May 19, 1992, 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 CLAIM FOR DAMAGES
FROM:1. DAVID HERNANDEZ-AMADOR for
an alleged incident occurring on or about November 4,1991.
2. MARTIN ANDRADE CARRILLO,
T ABITA GARCIA & EVA BARREDA for an incident occurring on
or about Septernber 18, 1991.FISCAL IMPACT: None ACTION:
Denied claim and
referred to City Attorney and Adjuster.PAGEl
CITY COUNCIL MINUTES May 19, 1992
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.3 Letter from Gregory E. Biard, Biard & Crockett Plumbing Services, Inc.
requesting consideration of a charge by the Department of Public Works for
sidewalk damage at 320 S. Olive Street. (C2500.M.8)
Mr. Biard addressed the Council regarding this matter. He maintains the
sidewalk was in terrible shape before they did sewer lateral repairs in the area,
and they should not be held responsible. They feel the rain also caused the
problem. The Street Department Manager and the Inspector contend the bobcat
they used for their work caused the problem. The Appellant had posted a bond
of $375. Street Department Staff indicated $285 would be necessary to make the
repairs.
Corinne Schreck, 446 N. James, indicated she owns property at 416 S. Olive, and
also has a problem with her sidewalk, and it is a real hazard. City Staff told her
it would be four years before it could be replaced.
MOTION - Spurgeon SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Moved to
split the $285.00 cost of the sidewalk repairs with Mr. Biard.2.4 Request
fortemporary suspension of Permit Parking restrictions in Area A,Chapman University Baccalaureate
Ceremony, May 23 & 24,1992.FISCAL IMPACT: None (
54000.5.3.1.2.1)ACTION: Approved.2.
5 Request
Councilapprove an agreement with Orange County Water District and Rock Creek Ranch
for right-of-way and access affecting Prospect Avenue, Bond to
Collins.FISCALlMPACT:
None (A2100.0 A.1965)ACTION:
Authorized the Mayor and City Clerk to execute on behalf of the City.MOTION
SECOND
AYES
Coontz
Barrera
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Item 2.3
was removedand heard separately. All other items on the Consent Calendar were approved/ denied
as recommended.END OF CONSENT
CALENDAR PAGE 2 1-----------
CITY COUNCIL MINUTES May 19,1992
3. REPORTS FROM MAYOR BEYER - Tape 472 3.
1 Appointments to the Planning Commission Mayor
Beyer reported the terms of three Planning Commissioners: Commissioners Master,
Scott and Murphy expired on April 30, 1992 and were readvertised in accordance
with Maddy Act requirements. The Councilmembers who were responsible for
these appointments: Spurgeon, Steiner and Beyer - paper-screened the applications,interviews
were held pursuant to the Maddy Act, and the Councilmembers made the following
recommendations. (C2500.G.2.5)Councilman
Steiner:Councilman
Spurgeon:Mayor
Beyer:reappointment
of Mark Murphy appointment
of Teresa Smith appointment
of Michael Alvarez Mayor
Beyer read letters of commendation which will be sent to Commissioners Master and
Scott, thanking them for their service. Mayor Beyer will recommend Commissioner
Master as Planning Commissioner Emeritus, by a resolution of the Council.
Mayor Beyer recommended resolutions to honor the former Planning Commissioners
for their years of service on the Planning Commission.MOTION
SECOND
AYES
Coontz
Barrera
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to confirm
the reappointment of Mark Murphy and the appointments of Teresa Smith and Mike
Alvarez to the Planning Commission, terms to expire 4/30/96.4. REPORTS FROM
COUNCILMEMBERS - None 5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7.
REPORTS FROM CITY MANAGER - None
PAGE 3
CITY COUNCIL MINUTES May 19, 1992
8. LEGAL AFFAIRS - Tape 969 8.
1 ORDINANCE NO. 9-92
An Ordinance of the City Council of the City of Orange amending Section 17.06.020 of
the Orange Municipal Code and approving the reclassification of property situated on
the south side of Meads Avenue between Orange Park Boulevard and Ridgeline Golf
Course. (Z1500.0 PZC-
1148)Pre-Zone Change 1148 - Applicant Keith W.
Naylor
MOTION
SECOND
AYES Steiner
Coontz
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Ordinance No. 9-92 have second reading waived and be adopted and same was
passed and adopted by the preceding vote.
8.2 ORDINANCE NO. 10-
92 An Ordinance of the City Council of the City of Orange adding Chapter 12.66 of
Title 12 to the Orange Municipal Code prohibiting encampment and camping on the
public streets or public property. (A2500.0
Camping)
MOTION
SECOND
AYES
Spurgeon
Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Ordinance No. 10-92 have amended first reading waived and same was set
for second reading by the preceding
vote.8.3 ORDINANCE NO.
6-92 An Ordinance of the City Council of the City of Orange amending Section 17.06.
020 of the Orange Municipal Code and approving the reclassification of
property situated north of the City of Villa Park, south of Anaheim Hills (City of Anaheim), west
of the future extension of Lorna Street and east of Meats Avenue. (Z1500.0
ZCG 1142-91)Zone Change 1142-91 -
Southridge
Development
Company
MOTION SECOND
AYES Barrera
Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Ordinance No. 6-92 have first reading waived and same was set for
second reading by the preceding
vote.PAGE
CITY COUNCIL MINUTES May 19, 1992
8. LEGAL AFFAIRS (Continued)
8.4 RESOLUTION NO. 7989
A Resolution of the City Council of the City of Orange upholding the recommendation
of the Planning Commission of the City of Orange and approving the reclassification of
property situated north of the City of Villa Park, south of Anaheim Hills (City of
Anaheim), west of the future extension of Lorna Street and east of Meats Avenue.
A1500.0 ZCG 1142-
91)Zone Change 1142-91 - Southridge Development
Company
MOTION
SECOND
AYES Coontz
Barrera Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 7989 as introduced be adopted and same was passed and adopted by the
preceding vote.8.5
RESOLUTIONNO. 7990 A Resolution
of the City Council of the City of Orange upholding the recommendation of the
Planning Commission of the City of Orange and approving the subdivision of property situated
south of the future extension of Via Escola and 1500 feet east of Meats Avenue. (Z1500.
0 ZCG 1142-91)Tentative
Tract 14593 - Southridge Developrnent Company MOTION SECOND
AYES
Steiner
Barrera
Steiner, Barrera,
Mayor Beyer,
Coontz, Spurgeon That Resolution No. 7990 as
introduced be adopted and same was passed and adopted by the preceding vote.8.
6 RESOLUTION NO. 7991
A Resolution of the City
Council of the City of Orange upholding the recommendation of the Planning Commission of
the City of Orange and approving the subdivision of property situated north of the
future extension of Via Escola and south of Anaheim Hills. (AI500.0 ZCG 1142-
91)Tentative Tract 14549 - Adm.
Adjustment 91-26 - Southridge Development Company MOTION SECOND AYES T----Spurgeon
Coontz
Steiner,
Barrera,
Mayor
Beyer,
Coontz,
Spurgeon PAGE 5
CITY COUNCIL MINUTES May 19, 1992
8. LEGAL AFFAIRS (Continued)
That Resolution No. 7991 as introduced be adopted and same was passed and adopted
by the preceding vote.
8.7 RESOLUTION NO. 7992
A Resolution of the City Council of the City of Orange upholding the recommendation
of the Planning Commission of the City of Orange and granting a Conditional Use
Permit to allow development of 36 acres with 359 condominium units upon property
situated south of the future extension of Via Escola and 1500 feet east of Meats Avenue.
AI500.0 ZCG 1142-
91)Conditional Use Permit 1932-91 - Southridge Development
Company
MOTION
SECOND
AYES Barrera
Spurgeon
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 7992 as introduced be adopted and same was passed and adopted by
the preceding vote.8.
8 RESOLUTION NO. 8007 A
Resolution of the City Council of the City of Orange giving preliminary approval to the "
Engineer's Report" for Landscape Maintenance Assessment District 86-2 and
declaring its intention to provide for an annual levy and collection of assessments in
that special maintenance district and setting a time and place for public hearing to
receive evidence on the foregoing matters. (L1200.0 LMA-
86-
2)
MOTION
SECOND
AYES Spurgeon
Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Resolution No. 8007 as introduced be adopted and same was passed and adopted
by the preceding vote.
8.9 RESOLUTION NO. 8008
A Resolution of the City Council of the City of Orange giving preliminary approval to
the "Engineer's Report" for Landscape Maintenance Assessment District 82-1
and declaring its intention to provide for an annual levy and collection of assessments
in that special maintenance district and setting a time and place for public hearing
to receive evidence on the foregoing matters. (L1200.0
LMA-
82-
1)MOTION
SECOND Coontz
Barrera PAGE
CITY COUNCIL MINUTES May 19, 1992
8. LEGAL AFFAIRS (Continued)
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 8008 as introduced be adopted and same was passed and adopted by
the preceding vote.8.
10 RESOLUTION NO. 8009 A
Resolution of the City Council of the City of Orange expressing appreciation to Maxine
C. Staump of the Orange Finance Department for 10 years of loyal and dedicated
service. (C2500.].1)MOTION
SECOND
AYES
Coontz
Spurgeon
Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 8009 as introduced be adopted and same was passed and adopted by the
preceding vote.8.11
RESOLUTION NO. 8012 A Resolution
of the City Council of the City of Orange upholding the recommendation of the
Planning Commission of the City of Orange and adopting a General Plan Amendment for
property situated along Santiago Creek west of Tustin Street.General Plan
Amendment No. 1-92 - Santiago Creek Associates (C2300.E GPA-1-92)
MOTION
SECOND
AYES
Barrera Spurgeon
Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 8012 as introduced be adopted and same was passed and adopted by the
preceding vote.8.12
ORDINANCE NO. 11-92 An
Ordinance of the City Council of the City of Orange amending Section 17.06.020 of the
Orange Municipal Code and approving the reclassification of property situated along
Santiago Creek west of Tustin Street. (Z1500.0 ZCG-1152-
92)Zone Change No. 1152-92 - Santiago Creek
Associates
MOTION
SECOND
AYES
r-Barrera
Steiner Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon PAGE 7
CITY COUNCIL MINUTES May 19, 1992
8. LEGAL AFFAIRS (Continued)
That Ordinance No. 11-92 have first reading waived and same was set for
second reading by the preceding
vote.8.13 ORDINANCE NO.
12-92 An Ordinance of the City Council of the City of Orange approving and
adopting a Development Agreement with Santiago Creek Associates for the
development of approximately 37 acres of land lying generally along Santiago Creek west
of Tustin Street. (A2100.0
A.
1966)
MOTION
SECOND
AYES
Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon That Ordinance No. 3-92 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 PRESENTATIONS Measure Y - Santiago Creek
Greenway:Carole Walters, 534 N. Shaffer, reported to Council that Kathy King is
misleading citizens by stating they want to pass the Greenway bond measure because there
are homes in the Depot area they would like to move
there.Corinne Schreck, 446 N. James, confirmed that Kathy King spoke at a Republic
Women luncheon today, and presented only their side to the
issue.Council directed the City Manager to have political signs removed from the
public
right-
of-way.
t******.11. RECESS The City Council recessed at 3:55 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. Steven D. Wymer, et al. United
States District Court Case No.
92 2141 SVW b. To confer with its attorney to decide whether to initiate
litigation pursuant to Government CodeSection
54956.9(
c).
PAGE
CITY COUNCIL MINUTES May 19, 1992
11. RECESS (Continued)
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 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 dosed session.
7:00 P.M. SESSION
12. INVOCATION
Given by Pastor Adele Langworthy, First Presbyterian Church of Orange
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 1580 13.1 APPEAL
NO. 396, VARIANCE NO. 1920-91, McDONALDS CORPORATION:The public
hearing on petition by McDonald's Corporation to appeal the decision by the Planning
Commission on December 16, 1991, approving Variance No. 1920-91 to allow
the expansion of an existing fast food restaurant without increasing the nurnber of
parking spaces on the property has been continued from Apri!14, Apri!28, and May 12,
1992 to this time. The appeal is regarding condition of approval #3, requiring right-of-
way dedication and improvements. Subject property is located at 1839 West
Chapman Avenue. (A4000.0 APP-
396)NOTE: This project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section
15301.PAGE
CITY COUNCIL MINUTES May 19, 1992
13. PUBLIC HEARINGS (Continued)
APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
McDonald's Corporation is appealing the decision of the Planning Commission on
December 16, 1991. The Variance application was to allow upgrading of the restrooms
to meet UBC standards and extension of the drive-thru booth to increase speed
of service, neither of which will increase sales at this location. Therefore, Condition #
3 requiring a 10 ft. ROW dedication plus improvements cannot be financially
supported by the project. We are, therefore, requesting approval of the Variance without
this
condition.THE PUBLIC HEARING IS
CLOSED.NOTE: Appeal was withdrawn: May 13,
1992.
MOTION
SECOND
AYES Barrera
Coontz
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved
to accept the withdrawal of the appeal.13.
2 UNREINFORCED MASONRY BUILDINGS, CITY OF ORANGE:Time
set for a public hearing on petition by the City of Orange to consider the enactment
of an ordinance mandating the strengthening of unreinforced masonry bui!
dings as required by State Law. The ordinance sets forth technical and administrative
requirements for seismic retrofitting of unreinforced masonry bui!dings.C2500.
GA)FISCAL
IMPACT: $2,000,000 budgeted in Fund 928, Southwest Redevelopment Project Area,
Commercial Loan Program Funds and $42,000.00 from Unappropriated Fund 100,
General Fund Reserves.The
Director of Community Development reported in October, 1989 Council approved a
contract with Mel Green and Associates to initiate the preparation of the technical document.
Since that time, they have worked with a Council committee, had Study Sessions
and the intense cooperation of a group of property owners in the downtown area,
led by Mike Alvarez. The material was prepared in cooperation with them, as well
as the Community Development Department's Economic Development, Building,and
Planning Divisions and the City Attorney's office.PAGE
10 r--'-
CITY COUNCIL MINUTES May 19, 1992
13. PUBLIC HEARINGS (Continued)
The ordinance addresses the strengthening of the buildings themselves, while still
respecting the historic importance of the structures. There is the first phase of a
financial support package, a Seismic Engineering Report Purchase Program to get to a
stage where all the property owners have an engineered and designed plan ready to
start construction. There is also a policy statement put together through a great deal of
negotiation between the property owners and the City to clearly document the
understandings of both parties, and make sure that there is commitment on both sides
to complete Phase II and actually get the construction finished.
The Redevelopment Agency has budgeted $2 million towards this project. The
Engineering Report Purchase Program that Council is being asked to approve is taken
from that amount, and will cost about $400,000. The remainder will be for Phase II,
actual construction.
Council asked if the $42,000 had been budgeted. The Director of Community
Developrnent reported it has not been budgeted. It addresses properties outside the
Redevelopment project area.
NOTE: Mayor Pro Tern Barrera disqualified himself, due to a financial conflict of
interest. The City Attorney reported he holds a position on the Board of Directors of
Orange National Bank, which occupies the building that will be affected by any
decision of the City Council in connection with unreinforced masonry. That decision
may require the bank to undergo major construction. It is reasonably foreseeable that
the decision would have a material financial affect on the Orange National Bank, which
is a source of his income.
Mayor Beyer mentioned that he is an Advisory Director of the Orange National Bank,
but does not realize any financial benefit from this position. The City Attorney opined
this was not a conflict of interest.
Council commended Mike Alvarez and his committee, as well as involved City Staff
members, for all the hard work on this project.
MAYOR BEYER OPENED THE PUBLIC HEARING.
The following people spoke in favor of approval:
Michael Alvarez, 360 S. Glassell, representing the owners affected by this State-
mandated seismic ordinance.
Tom Ryan, 345 E. Jackson, representing St. John's Lutheran Church.
Alice Clark, 205 N. Pine Street, representing the Orange Tax Payers Association.
Bob Breskin, 200 E. Chapman Avenue.
Scott Mather, 180 S. Cypress, Development Director for St. Vincent de Paul.
PAGE 11
CITY COUNCIL MINUTES May 19,1992
13. PUBLIC HEARINGS (Continued)
They made the following points:
The cornerstone for revitalizing the Plaza will be the seismically strengthened buildings,
once they are completed.Historic
buildings are a reminder of our legacy. They point the way to the future,built
on a foundation of the past.St.
John's Lutheran Church is anxious and ready to begin construction on the changes to
the school over the summer months, while the children are on vacation. The Director of
Community Development indicated his request would be accommodated by Staff.Without
the assistance of the City, many owners would not be able to do the retrofitting.
Many bui!dings would be lost to the City. We would lose real property tax
revenue, sales tax, business licenses, jobs, and a basis of Old Towne Orange.The
major problem of this retrofitting is that after it is done, the value of the buildings have
not increased, nor has the rental value. The only thing that has increased is the cost
to maintain the building and property.St.
Vincent de Paul representatives requested Council approve the funds of $42,000 for
the area outside the Redevelopment area.THERE
BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.ORDINANCE
NO. 7-92
An Ordinance of the City Council of the City of Orange mandating the strengthening of
unreinforced masonry bui!dings as required by State law.
MOTION - Coontz SECOND -
Spurgeon A YES -
Steiner, Mayor Beyer, Coontz, Spurgeon DISQUALIFIED - Barrera That
Ordinance No. 7-
92 have first reading waived and same was set for second reading by the
preceding vote.RESOLUTION NO. 8010
A Resolution of
the City Council of the City of Orange adopting a policy statement regarding the enforcement
of required seismic retrofitting of unreinforced masonry buildings and financial
incentives for preservation.MOTION - Coontz SECOND -
Spurgeon A YES -
Steiner, Mayor Beyer,
Coontz, Spurgeon DISQUALIFIED - Barrera That Resolution No. 8010
as introduced be
adopted and same was passed and adopted by the preceding vote.PAGE 12
CITY COUNCIL MINUTES May 19, 1992
13. PUBLIC HEARINGS (Continued)
MOTION - Coontz SECOND -
Steiner AYES - Steiner,
Mayor Beyer, Coontz, Spurgeon DISQUALIFIED - Barrera Moved
to authorize the
Community Development Department Staff to explore financial incentive programs to assist
property owners in retrofitting their unreinforced masonry bui!dings as follows:
a. To explore and
create financial incentive programs to aid property owners with seismic rehabilitation
construction costs in an amount not to exceed the Redevelopment budgeted amount.b.
To inform owners
on where to find information on local, state or federal tax incentives.c.
To allocate $2,
000 from Redevelopment Agency funds to provide out-of-pocket expenses of
local architectural firms who have volunteered their services to produce historical street
elevations. This initial expenditure will cover photographic costs in providing
preliminary architectural design services as a first stage to promote restoration of plaza
bui!ding facades.MOTION - Coontz SECOND -
Steiner AYES - Steiner,
Mayor Beyer, Coontz,
Spurgeon DISQUALIFIED - Barrera Moved to approve the
allocation of funding
in the amount of $42,000 in the 1992-93 budget from Unappropriated General Reserves, to
implement the Seismic Engineering Report Purchase Program for those properties
outside Redevelopment Project areas.13.3 RESIDENTIAL HOUSING OCCUPANCY STANDARDS,
CITY OF ORANGE:Time set for a public hearing
on petition by the City of Orange to consider a proposed enactment of an ordinance to establish
residential housing occupancy standards to the Orange Municipal Code.MOTION SECOND AYES
Steiner Coontz Steiner,
Barrera,
Mayor
Beyer,
Coontz, Spurgeon
Moved to
continue this item to May 26, 1992,
at the request of Staff.t*******14. PLANNING AND ENVIRONMENT - None PAGE 13
CITY COUNCIL MINUTES May 19, 1992
15. ORAL PRESENTATIONS - None 16.
ADJOURNMENT MOTION
SECOND
AYES
Mayor
Beyer Spurgeon Steiner,
Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to adjourn
at 7:45 p.m.M~rilyn ,1 ,
1anaDn r M r.Mari!yn J.
Jensen, C.M.C.City Clerk e
Beyer, Mayor
BY:&~fi/4dl&--(!~
c.u:f-Cassandra Cathcart, C.M.
C.Deputy City Clerk PAGE
14