07-14-1992 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
July 14, 1992
The City Council of the City of Orange, California convened on July 14, 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 -
June 16, 1992.MOTION - Barrera SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon ACTION: Approved.Adjourned Regular Meeting - June
17, 1992.
MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon ACTION: Approved.
Adjourned Regular Meeting - June 19, 1992 MOTION - Steiner
SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
ACTION: Approved.Regular
Meeting - June 23,
1992.MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera,
Mayor Beyer,
Coontz, Spurgeon PAGEl
CITY COUNCIL MINUTES July 14, 1992
1.3 APPROVAL OF MINUTES (Continued)
ACTION: Approved.
Adjourned Regular Meeting - June 29, 1992 MOTION -
Barrera SECOND - Spurgeon
AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon r-..ACTION: Approved.1.
4
PRESENTATIONS! ANNOUNCEMENTS!
INTRODUCTIONS a. Resolution No. 8040
was scheduled to be presented Marcia Dale, commending her for more than 16 years
of dedicated and loyal service to the City of Orange. Due to a family emergency, Ms. Dale was
not present to accept.b. The Certificate of
Achievement for Excellence in Financial Reporting for the year ended June 30, 1991,
for the Comprehensive Annual Financial Report given by the Government Finance Officers Association
of the United States and Canada was presented to the Director of
Finance, Ted Schoettger, who accepted the award on behalf of the City of Orange.1.5
PROCLAMATIONS - None
2. CONSENT CALENDAR - Tape 145
2.1 Declaration of City Clerk
Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of July 14, 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 Authorize Mayor and Director
of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.r-..2.
3 Request
Council approve
an
agreement with Mr. and Mrs. Jiwan D. Sachdeva and Arvin Sachdeva to connect 7632 Santiago Canyon
Road to the underground storm drain on Kennymead Street. (A2100.0 A.1982)
PAGE 2
CITY COUNCIL MINUTES July 14, 1992
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None.
ACTION: Authorized Mayor and City Clerk to execute on behalf of City and request City
Clerk to record agreement with County Recorder.
r--
2.4 Approve lease agreement between the City of Orange and Friendly Center, Inc. for use of
City facilities at Killefer Park. (A2100.0 A.1633.A)
FISCAL IMPACT: None.
ACTION: Approved.
2.5 CLAIM FOR DAMAGES FROM: (C3200.0)
a. Diane Van Gerichten.
FISCAL IMPACT: None.
ACTION: Denied claim and referred to City Attorney and Adjuster.
2.6 Approve three (3) year agreement between the City of Orange and Orange Elderly
Services, Inc. for elderly services. (A2100.0 A.974.H)
FISCAL IMPACT: $17,890.00 per month budgeted in Fund 210.
ACTION: Approved.
2.7 Request for approval of amended and restated Alien-McColloch Pipeline
Sublease Agreement between the City of Orange and the Municipal Water District of
Orange County. (A2100.0 A.421.
D)FISCAL IMPACT: Potential Annual Water Fund Savings of $60,000.00 in
bond redemption
costs.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.8 Approve Acknowledgment and Release submitted by Southeast Resource
Recovery Facility (SERRF) in connection with SERRF's agreement to dispose of
controlled r-- substances. (C2500.
K)FISCAL IMPACT:
None.ACTION: Approved and authorized the Chief of Police to execute on behalf of the
City.
CITY COUNCIL MINUTES July 14, 1992
2. CONSENT CALENDAR (Continued)
2.9 Request Council approve a request from the County of Orange to change Chapman
Avenue to Irvine Park Road, east of Jamboree Road. (See Legal Affairs Item 8.6,
Resolution No. 8050.) (S4000.S.3.6)
FISCAL IMP ACT: None.
ACTION: Approved.
2.1 0 Request Council approve the execution of escrow and related papers concerning the
acquisition of property located at 625 W. La Veta Avenue. (p2500.0.1)
FISCAL IMPACT: $197,500.00 budgeted in Fund 272, Transportation System
Improvement Program Development Fee Area B Fund.
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.
2.11 Request Council approve Lot Line Adjustment LL 92-3; 1065 and 1067 N.
Granada Drive. (C2500.M.16.1
LLN-92-3)
FISCAL IMPACT:
None.ACTION: Approved.2.12 Request Council approve the execution of a Grant Deed to
Robert Gnewuch, Diane Gnewuch and Helen McKerley for approximately 446 square feet of
land located near Walnut Avenue, east of Milford
Road. (04000.0)
FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf
of the City.2.13 Request Council approve the execution of an Easement Deed
to Southern California Edison Company for electric service to Water Wel1 #23 at 3142
E. Walnut
Avenue.04000.0)
FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf
of
the
City.
MOTION SECOND
AYES Barrera
Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
A.A.A.A*
PAGE 4
CITY COUNCIL MINUTES July 14, 1992
3. REPORTS FROM MAYOR BEYER
3.1 It was recommended that the Council:
1) Accept the financial audit report from KPMP Peat Marwick and the legal audit report
from Phillips, Haglund, Haddan and Jeffers to complete the review of the City's treasury
operations and investment policies, and
2) Direct Staff to prepare a Statement of Investment Policy, ordinances and resolutions
which incorporate all of the pertinent recommendations of the legal and financial audits and
agendized for the July 21, 1992 Council meeting.
MOTION
SECOND
AYES
Coontz Steiner
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to continue
this item to July 21, 1992.4. REPORTS FROM
COUNCILMEMBERS 4.1 Report
from Councilwoman Coontz regarding the status of Emergency Preparedness for the City of
Orange. (C2500.E.6)Councilwoman Coontz requested
the Office of Emergency Services address the actual operational programs of the
City's Emergency Plan. She wants the final written document completed and activated. The City
Manager indicated he was confident the City of Orange can respond to any type of disaster.
MOTION SECOND AYES
Barrera
Coontz
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon Moved to receive and file report.
4.2 Report from the Department
of Community Development regarding the results of the study and evaluation of the proposed
Reinspection Program; and the Business LicenselData Base Program. (Continued from 6/23/92.
See Legal Affairs Item 8.1, Ordinance No. 15-92.) Tape 816 The following people spoke
in
opposition to this program:Dick Kinder, 1342 E. Hickory
Lane.Flo Kinder, 1342 E. Hickory
Lane.Geneva Fulton, 1801 N. Greenleaf,
Santa Ana.Joe Wilhelm, 469 S. Center
Street Alice Clark, 205 N. Pine
Street.Corinne Schreck, 446 N. James.
PAGEl
CITY COUNCIL MINUTES July 14, 1992
4. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION
SECOND
AYES
Steiner Coontz
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to withdraw
action on the proposed business license tax.r--.MOTION SECOND
AYES
Coontz
Barrera
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon Moved to direct Staff to study
alternative methods of obtaining information for the City's housing data base.MOTION SECOND AYES Steiner
Coontz Steiner,
Barrera,
Mayor
Beyer,
Coontz, Spurgeon
Moved to
direct Staff to return to the July
28, 1992 meeting with the Reinspection Program.4.3 Councilman Steiner requested permission to leave the
State from July 19-26, 1992.MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor
Beyer,
Coontz,
Spurgeon
Moved to
approve request
of Councilman Steiner to leave the State
from July 19-26, 1992.AA.lIilI.A..s. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.1 Appointment
by Mayor Beyer of Sandy Milo to
the Orange International Street Fair Board to fill vacancy created by the resignation of Hank
Mascolo. Term to expire 12131/92.ORI800.0.60)MOTION SECOND AYES Spurgeon Barrera Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon
r--.
Moved
to confirm
the appointment
of Sandy Milo to the Orange International Street
Fair Board.PAGEl
CITY COUNCIL MINUTES July 14, 1992
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
Continued)
5.2 Appointment of Brent Hunter to the Business and Industry Beautification Awards
Program Committee, replacing Bud Trainer. (OR1800.0.8.6)
MOTION SECOND
AYES
Barrera
Mayor Beyer
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to confirm the
appointment of Brent Hunter to the Business and Industry Beautification Awards Program Committee.5.
3 Appointment by
Mayor Beyer of Carol Walters to the Official Old Towne Steering Committee, term to expire
7/31/94.MOTION SECOND AYES Spurgeon
Steiner
Steiner,
Barrera,
Mayor Beyer,
Coontz, Spurgeon
Moved to continue this item to July
21, 1992 to comply with Maddy Act requirements.5.4 Recommendation by Mayor Beyer to
createan ad hoc committee on Relocation of the Feeding Program from Hart Park, with representatives
as follows and Terms to expire 7/31/94:ORI800.0.22.4)Mayor BeyerMayor
Pro Tem Barrera Lorna
DeShane Other
Community members to be
named MOTION
SECOND AYES Steiner Spurgeon Steiner, Barrera,
Mayor
Beyer,
Coontz,
Spurgeon Moved
to approve
the formation of a committee on Relocation
of the Feeding Program from Hart Park, with the aforementioned representatives.5.5 Recommendation by Mayor
Beyer to form Committee for
Attracting.llDd Retaining Large and Small Businesses in Orange, with Representatives as follows, and
terms to expire 7/31/94:Mayor Beyer Councilman Spurgeon Representatives from the Chamber ofCommerce
One or
two Community
members to be named PAGET
CITY COUNCIL MINUTES July 14, 1992
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
Continued)
MOTION
SECOND
AYES
Barrera Steiner
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to continue this
item to July 28, 1992.IlIA**IlIIl1Il1*6. ADMINISTRATIVE
REPORTS - None
7. REPORTS FROM CITY MANAGER -
None 8. LEGAL AFFAIRS - Tape 1542 8.
1 ORDINANCE NO. 15-92. (A2500.
0 Housing)An Ordinance of the City Council
of the City of Orange adding Section 5.14.185 to the Orange Municipal Codepertaining to a Business
License Tax upon the business of renting four or more residential dwelling units located within the
City. (Continued from 6/23/92.)MOTION SECOND AYES Mayor Beyer Barrera
Steiner,
Barrera,
Mayor
Beyer, Coontz, Spurgeon
Moved to
withdraw this ordinance from the Agenda.8.
2 ORDINANCE NO. 16-92 (A2500.0 Hazardous
Materials-Waste Mgmt. Plan)An Ordinance of the City Council of
the City of Orange regulating the siting and development of off-site hazardous waste facilities pursuant to.
the California Health and Safety Code and the Orange County Hazardous Waste Management Plan.
MOTION SECOND AYES Steiner Spurgeon Steiner,
Barrera,
Mayor
Beyer,
Coontz, Spurgeon
That Ordinance
No. 16-92 have first reading waived
and same was set for second reading by the preceding vote.8.3 RESOLUTION NO. 7930 (C2300.
E Circulation
Element)
A Resolution of the City Council of the City
of Orange concerning the status of the Circulation Element for the City of Orange.PAGEl
CITY COUNCIL MINUTES July 14, 1992
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Barrera Coontz
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon r'o That
Resolution No. 7930 as introduced be adopted and same was passed and adopted by the preceding vote.8.
4 RESOLUTION
NO. 8048 (C2500.N.3)A Resolution of
the City Council of the City of Orange approving the application for grant funds from the Orange
County Urban Parks Program for the development of the EI Camino Park Gymnasium-Community Building
Project.MOTION SECOND
AYES
Steiner
Barrera
Steiner, Barrera,
Mayor Beyer,
Coontz, Spurgeon That Resolution No. 8048 as
introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION
NO. 8049 (
C2500.N)A Resolution of the City
Council of the City of Orange approving the application for grant funds from the Orange County Urban
Parks Program for the development of the Handy Park Ball Field Lighting Project.MOTION SECOND AYES
Mayor Beyer
Barrera
Steiner,
Barrera,
Mayor Beyer, Coontz,
Spurgeon That
Resolution No. 8049 as introduced be adopted
and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 8050 (S4ooo.
S.3.
6)A Resolution of the City Council of the
City of Orange changing Chapman Avenue, between Jamboree Road and the east City limits, to
Irvine Park Road. (See Consent Calendar Item # 2.9.)MOTION SECOND AYES Coontz Barrera Steiner, Barrera, Mayor
Beyer,
Coontz,
Spurgeon
That Resolution
No. 8050
as introduced be adopted and same was
passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY PAGEl
CITY COUNCIL MINUTES July 14, 1992
10. ORAL PRESENTATIONS
Police Cars: Carol Walters, 534 N. Shaffer, asked if the police cars were going to be repainted
back to white again, as she read recently in the newspapers. Chief Robertson said there were no
plans to go back to all white cars. They plan to continue their program of repainting the cars to
black and white.
Theo Lacy Jail: Bob Bennyhoff, 10642 Morada Drive, reported as a member of the Jail
Committee that the County Board of Supervisors authorized an application to the State for $12
million to build two more barracks to Theo Lacy, adding 525 prisoners if they single-bunk
it,1,050 more prisoners if they double-bunk it. They are proceeding with their short-
term plan to add more prisoners
to Theo Lacy.Rental Unit Infonnation: Flo Kinder, 1342 E. Hickory Lane, suggested the
City could get information on rental units in the City of Orange through the Water
Department, because the landlord is billed and the bill describes the
number
of units.
a***_..11. RECESS The City Council recessed at 4:10 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.922141 SVW.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 CodeSection 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 closed
CITY COUNCIL MINUTES July 14, 1992
7:00 P.M. SESSION
12. INVOCATION
Given by Rev. Dr. J. Stewart Kreiss, First United Methodist Church.
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS A Proclamation
was presented to Georgia Cashman honoring her contributions.12.5
PRESENTATIONS - None 13. PUBLIC HEARINGS -
Tape 2050 13.1 PROTEST HEARING
FOR ANNEXATION NO. 395, GLEN ARRAN STREET:Time set for a
public hearing for Annexation 395, Glen Arran Lane, as directed by the Local Agency Formation Commission on
June 3, 1992. (A3100.0 ANX-395)Subject property is
located southeasterly of Rancho Santiago Boulevard, and south of Santiago Canyon Road in
the Orange Park area.MAYOR BEYER OPENED
THE PUBLIC HEARING.The following people
spoke in favor of the annexation:Shirley Grindle, 19051
Glen Arran.MINUTE ORDER: Ms.
Grindle wanted it clarified on the record that regular Orange Disposal trash trucks would
not come up their private street, which they are responsible for maintaining.The Director of
Public Works indicated the solid waste contractor currently providing service in that area can
provide the service for up to five. years, unless it is agreed to terminate that service earlier. The City'
s Solid Waste Staff Representative went with Orange Disposal to the area to review the access.
They have determined they would not want to put large trash trucks on the r-.. street and
it would not be safe to do so. Orange Disposal has agreed they will continue to collect trash through the
use of smaller trucks in their fleet. When this area switches over to the City's solid waste services,
they would continue to be serviced with smaller vehicles, pickups, etc.THERE BEING NO
FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.PAGE 11
CITY COUNCIL MINUTES July 14, 1992
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Barrera Coontz
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon r--.Moved to
approve
Annexation No. 395, Glen Arran Street.1lI*.AIlIAIlI*13.
2 PROTEST
HEARING FOR ANNEXATION NO. 400 ACRE PLACElMEADS:Time set for
a protest hearing for Annexation No. 400, Acre PlacelMeads, as directed by the Local Agency Formation
Commission on June 3, 1992. Proceedings for the annexation were initiated by a
registered voter petition for four parcels. LAFCO added the remainder of the Acre Place parcels to
the annexation area for a total of ten parcels. The location of the subject territory is easterly of
Meads Avenue in the Orange Park Acre area.MOTION SECOND AYES
Mayor
Beyer
Steiner
Steiner, Barrera, Mayor
Beyer, Coontz,
Spurgeon Moved to continue this hearing to
August 11, 1992 at the request of the Applicants.1lI*.*.***13.3 JOINT PUBLIC HEARING,
OWNER
PARTICIPATION AGREEMENT, TRW:Time set for a joint public
hearing with the Orange City Council to consider the disposition of a subleasehold interest in certain real property
by the Agency to TRW, Inc., Information Systems and Services Division, a Corporation, the
City, a partnership and Tishman Parkway Venture, a partnership. (p2500.0)MOTION SECOND AYES
Barrera Steiner Steiner,
Barrera,
Mayor
Beyer,
Coontz, Spurgeon
Moved to
withdraw this item from the Agenda to
allow further discussions with all parties.r-.fI.**PAGE 12
CITY COUNCIL MINUTES July 14,1992
13. PUBLIC HEARINGS (Continued)
13.4 VACATE AND ABANDON PORTIONS OF A PUBLIC STREET, CITY OF
ORANGE: Tape 2543
Time set for a public hearing on petition by the City of Orange to consider vacating and
abandoning portions of former Chapman Avenue/County Park Road and Santiago Canyon Road
lying between and/or adjacent to the current alignments of Santiago Canyon Road, Newport
Boulevard, Chapman Avenue and Jamboree Road. Right-or-way easements for
which this abandonment are proposed are surplus to present needs for street uses or for
future needs.S4OOO.
S.4)MAYOR BEYER OPENED THE
PUBLIC HEARING.THERE BEING NO SPEAKERS, THE PUBLIC HEARING
WAS CLOSED.RESOLUTION
NO. 8047 A Resolution of the City Council of the City of Orange ordering the vacation and
abandonment of portions of formerChapman Avenue/County Park Road and Santiago Canyon
Road lyingbetween and/or adjacent to the current alignments of Santiago Canyon
Road, Newport Boulevard, Chapman Avenue and
Jamboree
Road.
MOTION
SECOND AYES
Barrera Coontz
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 8047 as introduced be adopted and same was passed and adopted by the preceding
vote.13.
5 CONDITIONAL USE PERMIT 1969-92, MARY JO COOMBS, TRUSTEE:
Time set for a public hearing on petition by Mary Jo Coombs, Trustee, to consider Conditional
Use Permit 1 %9-92 to allow the operation of a self-storage facility with a caretaker'
s residential unit within the M-2 (Industrial) District. Subject property is located on the south
side of Collins Avenue between Cypress and Parker Streets, west of the Santa Fe Railroad
right-of-way (500 W.
Collins Ave.). (C33OO.0 CUP-1969-92)NOTE: In compliance with
the California Environmental Quality Act, Negative Declaration
1409-92 has been prepared for
this project.MAYOR BEYER OPENED THE PUBLIC HEARING.THERE
BEING NO
CITY COUNCIL MINUTES July 14, 1992
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Spurgeon Coontz
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon CEQA Finding: Moved
to accept the findings of the Environmental Review Board to file Negative Declaration 1409-
92.MOTION SECOND
AYES
Spurgeon
Coontz
Steiner, Barrera,
Mayor Beyer,
Coontz, Spurgeon Moved to approve Conditional Use
Permit 1969-92 as outlined in Planning Commission Resolution No. PC-39-
92.14. PLANNING
AND ENVIRONMENT 15. ORAL
PRESENTATIONS - None 16. ADJOURNMENT MOTION
SECOND AYES
Barrera
Spurgeon
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon Moved to adjourn at 7:45
p.m.v;~r2~~MarilynJ. Je en,. ..
City ClerkPAGE14