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06-09-1992 Council MinutesAPPROVED BY CITY CITY COUNCIL MINUTES OF A REGULAR MEETING COUNCIL ON JUNE 23, 1992. ORANGE, CALIFORNIA June 9, 1992 The City Council of the City of Orange, California convened on June 9, 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 Regular Meeting - May 12, 1992 MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Adjourned Regular Meeting - May 13, 1992 MOTION - Barrera SECOND - Steiner A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Regular Meeting - May 19, 1992 MOTION - Steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved. Regular Meeting - May 26, 1992 MOTION - Barrera SECOND - Steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.PAGEl 1" CITY COUNCIL MINUTES June 9, 1992 1.3 APPROVAL OF MINUTES (Continued) Adjourned Regular Meeting - May 26, 1992 MOTION - Coontz SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Adjourned Regular Meeting - June 2, 1992 MOTION - Steiner SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Presented Resolution No. 8009, expressing appreciation to Maxine C. Staump of the Orange Finance Department for 10 years of loyal and dedicated service.RESOLUTION NO. 8025 A Resolution of the City Council of the City of Orange honoring Chief Merrrill Duncan for serving as Police Chief. (C2500.K) MOTION - Mayor Beyer SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8025 as introduced be adopted and same was passed and adopted by the preceding vote.Presented Resolution No. 8025 to Police Chief Merrill Duncan.1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR-Tape 412 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of June 9, 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.PAGE 2 CITY COUNCIL MINUTES June 9, 1992 2. CONSENT CALENDAR (Continued) ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 2.2 Authorize the Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. ACTION: Approved. REMOVED AND HEARD SEP ARATEL Y) 2.3 Request approval of agreement between the City of Orange and Hazelrigg Risk Management Services, Inc. as the City's Third Party Administrator for Worker's Compensation benefits. (A2100.0 A.1971) FISCAL IMPACT: $95,000.00 is included in the preliminary 1992-93 budget in Fund 730, Self-Insurance, Workers' Compensation Fund, for this contract. This agreement represents an overall savings of more than 10% over the current Administrator's quoted increases.MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2. 4Request for approval of Memorandum of Understanding Concerning Deferral of Construction of the Diemer Pump Station and Temporary Modification of Operation of the Allen-McColloch Pipeline and Agreement for Interim License and Lease of Capacity in Allen-McColloch Pipeline. (A2100.0 A. 1974)FISCAL IMPACT: Potential annual revenues of $40,000 for Water Fund for next six fiscal years.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.5 Request approval of extra work by P & D Technologies, Inc. in the amount of 13,546.50 for extra work on the Main St./SR-22 Fwy. Bridge Widening project.A2100.0 A.1422A)FISCAL IMP ACT: $13,546.50 in additional appropriations in the Santa Ana-Orange Transportation System Improvement Authority Developer Fee Account. ACTION: Approved. PAGE CITY COUNCIL MINUTES June 9, 1992 2. CONSENT CALENDAR (Continued) 2.6 Request approval of extra work by P & D Technologies, Inc. in the amount of 18,444.00 for extra work on the La Veta - Main - Chapman EIR public hearings and approval process. (A2100.0 A.1422A)FISCAL IMPACT: $ 18,444.00 in additional appropriations in the Santa Ana-Orange Transportation System Improvement Authority Developer Fee Account.ACTION: Approved. REMOVED AND HEARD SEPARATELY)2.7 CLAIM FOR DAMAGES FROM: (C3200.0)1. BERTHA M. ROWELL for an alleged incident occurring on or about February 24, 1992.2. RICK STOLTE for an alleged incident occurring on or about May 1, 1992.3. JIMMY TRAHIN for an alleged incident occurring on or about March 8,1992.4. BOONCHOO & SENGDAO VONGRUKSUKDI for an alleged incident occurring on or about March 4,1992.5. PAT PEEKS for an alleged incident occurring on or about January 30,1992.FISCAL IMP ACT: None.Councilman Barrera asked the City Attorney to supply Council with a report on the disposition of the claims against the City on a regular basis. Councilwoman Coontz felt the wording of "alleged incident" should be changed.MOTION - Banrera SECOND - Coontz A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Denied claims and referred to City Attorney and Adjuster.2.8 Request Council authorize an appropriation of $85,000.00 to the City Attorney's budget, Account 100-0301-426100, for Miscellaneous Legal Services. (C2500.B)FISCAL IMP ACT: $ 85,000.00 in additional appropriations in Fund 100, General Fund.ACTION: Approved. PAGE 4 I --- CITY COUNCIL MINUTES June 9, 1992 2. CONSENT CALENDAR (Continued) 2.9 Request Council approve the new 60 month lease agreement between the City of Orange and Orange Children and Parents Together, Inc. and authorize a budget appropriation of $25,000.00 accumulated from prior year rental payments to account 150-1311-471200 (Buildings and Improvements). (A2100.0 A.1972)FISCAL IMPACT: $25,000.00, from Fund 150, Head Start Preschool Fund Unappropriated Reserves. ACTION: Approved.REMOVED ANDHEARD SEP ARA TEL Y)2.10 Approve 1992-93 Animal Control Contract with the County of Orange. (A2100.0 A.135.DFISCAL IMPACT: $312,518.00 proposed to be budgeted in Fund 100, General Fund, in Fiscal Year 1992- 93.MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.11 Approve contract with Yorba Park Medical Group and related parties for the exchange of unused City property for improved street right-of- way. (A2100. 0 A.1889)FISCAL IMPACT: $100,000.00 is included in the preliminary 1992-93 budget in Fund 260, Street Improvement Fund, on this project.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. MOTION SECOND AYES Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Items 2.3, 2.7 and 2.10 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 - None CITY COUNCIL MINUTES June 9, 1992 4. REPORTS FROM COUNCILMEMBERS Mayor Pro Tern Barrera asked to have the Library Joint Use Project agendized. MOTION SECOND AYES Spurgeon Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to agendize the Library Joint Use Project for June 16, 1992, 3:00 p.m. Session.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS - Tape 712 8.1 ORDINANCE NO. 8- 92 A2500.0 Occupancy)An Ordinance of the City Council of the City of Orange adding Chapter 8.06 establishing Residential Housing Occupancy standards to the Orange Municipal Code.MOTION SECOND AYES Coontz Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to take the following actions at the recommendation of Staff:1. Remove the second reading from the Agenda unti! the Supreme Court addresses the Fourth District Court of Appeals ruling in the Santa Ana case (5-28-92) that cities do not have the power to adopt ordinances regulating residential occupancy.2. Authorize the City Attorney's office to file or participate in an amicus brief in the Santa Ana case before the Supreme Court.3. Authorize the Council Committee to study and report on options for seeking to have the State legislature eliminate the pre-emption by new legislation that would allow local regulation of housing occupancy or set a more reasonable State occupancy standard, and direct Staff to assist the Committee.4. Direct Staff to return to the June 16, 1992 Council Meeting with the results of the study and evaluation of the proposed (1) Uniform Inspection Procedures; (2)Education Program for property managers and owners.5. Direct Staff to return to the June 23,1992 Council Meeting with the results of the study and evaluation of the proposed (1) Reinspection Program and (2) Business License/Data Base Program PAGE 6 CITY COUNCIL MINUTES June 9, 1992 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO. 8018 RA2100.0 A.1975) A Resolution of the City Council of the City of Orange consenting to approving the purchase by the Orange Redeveloprnent Agency of property located at 4649 East Walnut Avenue and the execution of an agreement for sale of property, leases and related documents pertaining to said property. FISCAL IMPACT: $414,000 in additional appropriations in Fund 923, Southwest Redevelopment Project Area Taxable Housing Set-Aside Fund. MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8018 as introduced be adopted and same was passed and adopted by the preceding vote.8. 3 RESOLUTION NO. 8019 C2300.IQueen Anne)A Resolution of the City Council of the City of Orange denying a variance to allow less than code required street sideyard building setback and code required vehicular backup distance, upon property situated at 222 East La Veta Avenue Variance 1929-92 Applicant: Queen Anne House, Old Towne Preservation Association The following people spoke: Donald A. LeJeune, 440 W. Main St., Tustin 92680. Mr. Le Jeune is interested in moving the Queen Anne House to Tustin. The Director of Economic Development will get in touch with him. MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSTAINED - Mayor Beyer That Resolution No. 8019 as introduced be adopted and same was passed and adopted by the preceding vote. NOTE: Mayor Beyer abstained from participation in the decision on Resolution Nos.8019 and 8020 because he owns property within 300 feet of the site in question.PAGE 7 I CITY COUNCIL MINUTES June 9, 1992 8. LEGAL AFFAIRS (Continued) 8.4 RESOLUTION NO. 8020 C2300.I Queen Anne) A Resolution of the City Council of the City of Orange denying a Conditional Use Permit to allow the move-on of an existing structure upon property situated at 222 East La Veta Avenue.Conditional Use Permit 1974-92 Applicant: Queen Anne House, Old Towne Preservation Association MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera, Coontz, Spurgeon ABSTAINED - Mayor Beyer That Resolution No. 8020 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTIONNO. 8021 C2500D.5)AResolution of the City Council of the City of Orange commending Rt. Rev. Msgr.John F. Sammon, P.A. upon this 50th year of priesthood.MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8021 as introduced be adopted and same was passed and adopted by the preceding vote. 8.6 RESOLUTION NO. 8022 54000.5.4)A Resolutionofthe City Council of the City of Orange giving notice of the intent to vacate and abandon portions of the right-of-way easement, former Chapman Avenue,County Park Road and Santiago Canyon Road between the current alignments of Santiago Canyon Road, Newport Boulevard, Chapman Avenue and Jamboree.MOTION SECOND AYES Steiner Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8022 as introduced be adopted and same was passed and adopted by the preceding vote. PAGES CITY COUNCIL MINUTES June 9, 1992 8. LEGAL AFFAIRS (Continued) 8.7 RESOLUTION NO. 8023 A2100.0 A.1852) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement, Bid No. 912- 1 FISCAL IMPACT: $335,046.00 budgeted in Restricted Public Works Capital Improvement Funds. MOTION SECOND AYES Coontz Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8023 as introduced be adopted and same was passed and adopted by the preceding vote.8. 8 RESOLUTION NO. 8024 54000.5.3.5)A Resolution of the City Council of the City of Orange commending and congratulating Ann Moulds for being named Crossing Guard of the Year, 1991-1992. MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8024 as introduced be adopted and same was passed and adopted by the preceding vote.8.9 RESOLUTION NO. 8026 C2500.C)A Resolution of the City Council of the City of Orange recognizing Marilyn J. Jensen,City Clerk, receiving the City Clerk's Association of California President's Award of Distinction in the category of Records Management at their Annual Conference on Apri!30, 1992.MOTION SECOND AYES Mayor Beyer Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8026 as introduced be adopted and same was passed and adopted by the preceding vote. PAGE 9 CITY COUNCIL MINUTES June 9, 1992 8. LEGAL AFFAIRS (Continued) 8.10 RESOLUTION NO. 8027 A2100.0 A.1968) A Resolution of the City Council of the City of Orange authorizing the execution of a cooperative agreement with the Orange Redevelopment Agency relating to public improvements - ornamental street lighting on Glassell Street from Culver Avenue to La Veta Avenue.FISCAL IMPACT: $31,000.00 transfer from projects budgeted in Fund 254.Transportation System Improvement Program Area B Fees; $5,224.00 transfer from a project budgeted in Fund 251, Traffic Safety Fund; and $31,000.00 budgeted in Fund 920, Southwest Redevelopment Project Area Tax Exempt Funds.MOTION SECOND AYES Steiner Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8027 as introduced be adopted and same was passed and adopted by the preceding vote.ltlt******9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS - None 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. U.S. Dist. Ct. Case No. 92 2141 SVW.City of Orange vs. County of Orange, Org. Cty. Sup. Ct. Case No. 68 1889.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).PAGE 10 CITY COUNCIL MINUTES June 9, 1992 11. RECESS (Continued) 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. 7: 00 P.M. SESSION 12. INVOCATION - Given by Taft L. Mitchell, Senior Minister, North Orange Christian Church. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS 12.3 INTRODUCTIONS 12.4 PROCLAMATIONS 12.5 PRESENTATIONS New Planning Commissioner Teresa Smith was sworn in, and appointments of Michael Alvarez and Mark Murphy were confirmed.Resolution No. 8026 was presented to Marilyn J. Jensen, City Clerk.PAGE 11 CITY COUNCIL MINUTES June 9, 1992 13. PUBLIC HEARINGS 13.1 GENERAL PLAN AMENDMENT 2-92, ZONE CHANGE 1150-92,CONDITIONAL USE PERMIT 1960-92, ADMINISTRATIVE ADJUSTMENT NO. 92-9,ORANGE HOUSING DEVELOPMENT CORPORATION:Tape 1796( C2300.E GPA 2-92)Time set for a public hearing on petition by the Orange Housing Development Corporation to consider a project consisting of the following requests which will facilitate development of a 2-story, 15 unit senior citizen's housing project. Subject property is located on the northeast corner of Almond A venue and Pixley Street.1) Amendment to the Land Use Element of the City's General Plan to change the land use designation of the property from Industrial to Medium Density Residential (15-24 dwelling units per acre);2) Zone Change 1150-92 to change the zoning classification of a portion of the property from M-l (Light Manufacturing District) to R-3 (Residential - Multiple Family District);3) Conditional Use Permit 1960-92 to allowa senior citizen housing development in accordance with Chapter 17.35 of the Orange Municipal Code; and 4) Administrative Adjustment Permit 92-9 to allow a 4-foot encroachment of a porch cover into the code required front yard setback area.NOTE: Negative Declaration 1405-92 has been prepared to address the environmental impacts of this project.Linda Boone, Executive Director, Orange Housing Development Corporation, spoke representing the Applicant, in favor of approval of the project.MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke in favor of the project:Glenn Shemm, owner of property at 606 and 608 W. Almond.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.Councilman Spurgeon reported that he and Councilwoman Coontz are now ex officio,non-voting members of the Board of Directors of Orange Housing Development Corporation, on the advice of Special Counsel, so they can vote issues such as this without a conflict of interest.MOTION -Coontz SECOND -Spurgeon A YES -Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon CEQA Finding: Moved to accept the findings of the Environmental Review Board to file Negative Declaration 1405- CITY COUNCIL MINUTES June 9, 1992 13. PUBLIC HEARINGS (Continued) Moved to approve General Plan Amendment 2-92 as outlined in Planning Commission Resolution No. PC-29- 92.MOTION - Coontz SECOND -Spurgeon A YES -Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve Zone Change No. 1150-92 as outlined in Planning Commission Resolution No. PC- 30-92.MOTION -Coontz SECOND -Spurgeon A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve Conditional Use Permit No. 1960-92 and Administrative Adjustment 92-9 as outlined in Planning Commission Resolution No. PC-31-92.Jt.***13.2 1991 UNIFORM FIRE CODE, CITY OF ORANGE: (A2500.0 Fire Code)Time set for a public hearing on petition by the City of Orange to consider adoption of the 1991 Uniform Fire Code and the 1992 supplements with local amendments as the City' s Official Fire Code.MAYOR BEYER OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, THE PUBLIC HEARING WAS CLOSED.ORDINANCE NO. 14-92 An Ordinance ofthe City Council of the City of Orange amending Chapter 15.32 of the Orange Municipal Code by adopting the 1991 Edition Uniform Fire Code with amendments thereto, including certain appendices, the 1992 accumulative supplement to said code and standards.MOTION - Steiner SECOND -Barrera A YES -Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 14-92 have amended first reading waived and CITY COUNCIL MINUTES June 9, 1992 13. PUBLIC HEARINGS (Continued) 13.3 1991 EDITION OF THE UNIFORM BUILDING CODE AND OTHERS, CITY OF ORANGE: (A2500.0 Building Code) Time set for a public hearing on petition by the City of Orange to consider the adoption of the following: 1991 Edition of the Uniform Bui!ding Code, and Building Standards 1991 Edition of the Uniform Housing Code 1991 Edition of the Uniform Mechanical Code 1991 Edition of the Uniform Plumbing Code 1991 Edition of the Uniform Code for the Abatement of Dangerous Buildings 1990 Edition of the National Electrical Code with certain amendments MAYOR BEYER OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE PUBLIC HEARING WAS CLOSED. ORDINANCE NO. 13- 92 An Ordinance of the City Council of the City of Orange amending Chapter 15.04 of the Orange Municipal Code by adoption of the 1991 edition of the Uniform Bui!ding Code with certain amendments; amending Chapter 15.08 of the Orange Municipal Code by adopting the 1991 edition of the Uniform Housing code, with certain amendments;amending Chapter 15.12 of the Orange Municipal Code by adopting the 1991 edition of the Uniform Mechanical Code with certain amendments; amending Chapter 15.16 of the Orange Municipal Code by adopting the 1991 edition of the Uniform Plumbing Code with certain amendments; amending Chapter 15.20 of the Orange Municipal Code by adopting the 1991 edition of the Uniform Code for Abatement of Dangerous Buildings with certain amendments; amending Chapter 15.24 of the Orange Municipal Code by adopting the 1990 edition of the National Electrical Code with certain amendments. MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 13-92 have amended first reading waived and same was set for second reading by the preceding vote. 14. PLANNING AND ENVIRONMENT - None PAGE 14 CITY COUNCIL MINUTES June 9, 1992 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to adjourn at 7:40 p.m.1?t.,~) #cG~ MarilynJ. Jen, C .cpt City Clerk PAGE 15