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07-28-1992 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA JULY 28, 1992 The City Council of the City of Orange, California convened on July 28, 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 APPROV AL OF MINUTES Regular Meeting, July 14, 1992 MOTION - Barrera SECOND - Coontz A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presented Resolution No. 8054 to Elwood I. Hayes of the Water Department,commending him for more than thirty-one years of loyal and dedicated service to the City of Orange.1. 5 PROCLAMA nONS - None 2.CONSENT CALENDAR TAPE 170 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda ofa regular meeting of July 28,1992, 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 the Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved. PAGE 1 CITY COUNCIL MINUTES JULY 28, 1992 2. CONSENT CALENDAR (Continned) REMOVED AND HEARD SEPARATELY) 2.3 Approve a Subscription Agreement with the Orange County-City Hazardous Materials Emergency Response Authority in the amount of $24,034.00. (A2100.0.Agr 1246. A)FISCAL IMPACT: Sufficient funds in the amount of $30,000.00 are in Fund 131 Emergency Reserve).MOTION - Spurgeon SECOND - Mayor Beyer A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.4 Requestfrom the Fountain Care Center, 1835 W. La Veta Avenue, to hold a Community Carnival Fundraiser," on August 22, 1992 from 10:00 A.M. to 5:00 P.M., and waive the Business License fees. (P\300.0.9)FISCAL IMPACT: The Business License Fees total $52.00.ACTION: Approved, subject to staff stipulations.2.5 Request for the renewal of the annual contract for Employee Assistance Services provided by LifePlus Foundation through "Resources for Employee Assistance and Comprehensive Health" ( REACH) Program. (A2100.0.Agr 1823.A)FISCAL IMPACT $ 24,000.00 budgeted in Fund 100-1401-426700 (Other Professional and Consulting Services) ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City. 2.6 Request authorization to approve a low interest loan, and authorize the City Treasurer to prepare a check in the amount of $ \3,000.00, Case No. 528. (C2500.G.l.1) FISCAL IMPACT: $\3,000.00 budgeted in Fund 316, Security Pacific Subsidy Expense. ACTION: Approved. 2.7 Claim for damages from: Rudy Munoz C3200.0) ACTION: Denied claim and referred to City Attorney and Adjuster. PAGE 2 CITY COUNCIL MINUTES JULY 28, 1992 2. CONSENT CALENDAR (Continued) MOTION - Coontz SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Item 2.3 was 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 267 3.1 It is recommended that the Council:I) 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 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, continued from July ]4, and 21,1992 Council meetings.(C2500.F)Councilwoman Coontz commented the reports, as presented, are very thorough and indicate a great deal more control. Councilman Steiner commented, since his absence from last Council meeting, he has read all the reports and supports staff's recommendations.MOTION - Steiner SECOND - Coontz A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to accept the financial audit report of Peat Marwick, and the legal audit report of Phillips, Haglund. Haddan and Jeffers to complete the review of the City Treasury operations.ORDINANCE NO. 17-92 (FIRST READING) An Ordinance of the City Council of the City of Orange establishing an Investment Advisory Committee and setting forth the duties and responsibilities of the Treasurer and the Finance Director as to investments of City funds.PAGE 3 CITY COUNCIL MINUTES JULY 28, 1992 3. REPORTS FROM MAYOR BEYER (Continued) MOTION - Spurgeon SECOND - Coontz A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 17-92 have first reading waived and same was set for second reading by the preceding vote.RESOLUTION NO. 8051 A Resolution of the City Council of the City of Orange adopting a Statement of Investment Policy for investment of City Funds.MOTION - Barrera SECOND - Steiner A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8051 as introduced be adopted and same was passed and adopted by the preceding vote.4. REPORTS FROM COUNCILMEMBERS TAPE 343 4.1 Report from Councilwoman Coontz and Councilman Steiner regarding the proposed Reinspection Program (Continued from 7114/ 92) (A2500.0-Housing)Councilwoman Coontz reported this first began with the residential overcrowding study and this program will help address some of those impacts. Staff is proposing a $40.00 fee for a third and all additional inspections conducted on any property. Councilman Steiner remarked this program will focus on repeat violators. The Apartment Association of Orange County concurs with this recommended fee.Mayor pro tem Barrera requested frequent progress reports.Bob Bennyhoff, 10642 Morada Dr. questioned the procedures.MOTION - Barrera SECOND - Coontz A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to adopt the Code Enforcement Inspection Fee Program for the City of Orange to be utilized in situations where enforcement staff is required to complete three or more inspections on property in violation of the Orange Municipal Code.PAGE 4 CITY COUNCIL MINUTES JULY 2S, 1992 OFF AGENDA ITEM Councilman Spurgeon requested staff report to Council on August 11, 1992 concerning the City's attempts and plans to comply with the new ADA regulations, the American Disability Act. Mayor Beyer asked the Assistant City Manager to have staff comply with Councilman Spurgeon's request. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 660 5.1 Recommendation by Mayor Beyer to form a Committee for Attracting and Retaining Large and Small Businesses in Orange with representatives as follows, terms to expire 7/31/94: (Continued from 7114/92) (ORlS00.0.17.1) Mayor Beyer Councilman Spurgeon Representatives from the Chamber of Commerce One or two Community members to be named MOTION - Mayor Beyer SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to remove this item from the Agenda. The Chamber of Commerce already has a similar existing committee.5.2 Reappointment of Carolyn V. Cavecche by Mayor Beyer to the Community Video Advisory Board, term to expire 7/31/94. (ORISOO.0.2S)MOTION - Mayor Beyer SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Approved the reappointment of Carolyn V. Cavecche.5.3 Reinstate the Orange County Housing Authority (OCHA) Advisory Committee and appoint Darlene R. Chandler as the official City Representative, with Mary Ellen Laster as the alternate for a 2-year term, expiring 6/30/94. (OR1S00.0.3.2)PAGE 5 CITY COUNCIL MINUTES JULY 28,1992 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) MOTION - Coontz SECOND - Spurgeon A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Approved the reinstatement of the Orange County Housing Authority Advisory Committee and appointments as listed.5.4 Reappointment ofMartha McEwan by Mayor Beyer to the Orange Public Library Board of Trustees ( Term to expire 6/30/95). (C2500.I.l)MOTION - Mayor Beyer SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Approved the reappointment of Martha McEwan as listed.OFF AGENDA ITEM:Mayor Beyer announced he, Mayor pro tern Barrera and Mrs. Barrera travelled to Los Angeles and rode on the Metro Link Train, which is the train that will be stopping in Orange in the near future.6. ADMINISTRATIVE REPORTS - None 7.REPORTS FROM CITY MANAGER TAPE 814 7.1 Request from the Olive Crest Treatment Center for abused children for the City of Orange to become a party to a Joint Powers Agreement for the purpose of financing a project known as the "Local Medical Facilities Financing Authority III." (Continued from 7/21/92) (C2500J.I)The City Attorneycommented the tinancial exposure to the City would be very remote under the conditions set forth in the project, and further explained the conditions that guarantee the bonds. If Council approves the request, a resolution will be presented at the August I I, 1992 Council meeting for participation in the joint powers authority.Beverly Nestande, 1800 E. Heim Ave., Orange, representing Olive Crest thanked Council for their support.PAGE 6 CITY COUNCIL MINUTES JULY 28,1992 7. REPORTS FROM CITY MANAGER (Continued) MOTION - Spurgeon SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve the request.URGENT ITEM Mayor Beyer indicated the request for a License Agreement to place a trailer on the Albertson's property at Chapman and Prospect has been recommended by the City's Task Force to help solve problems in the area.MOTION - Mayor Beyer SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that the need for approval of a license agreement arose after the posting of the Agenda.MOTION - Mayor Beyer SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve the license agreement with Albertson's Inc., appropriating 4,526.00 from the General Fund, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.Council members requested a report from the Police Chief as to the success of this project, how the trailer will be used, and progress reports. It was noted the trailer can be moved from site to site depending on the area and problems.8.LEGAL AFFAIRS 1315 8.1 ORDINANCE NO. 18- 92 An Ordinance of the City Council of the City of Orange adding new Chapter 2.10 to Title 2 of the Orange Municipal Code relating to campaign reform. (A2500.0)MOTION - Spurgeon SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon PAGE 7 CITY COUNCIL MINUTES JULY 28, 1992 8. LEGAL AFFAIRS (Continued) That Ordinance No. 18-92 have seconding reading waived and same was passed and adopted by the preceding vote.8.2 ORDINANCE NO. 19-92 An Ordinance of the City Council of the City of Orange repealingChapter 12. 48 of Title 12 of the Orange Municipal Code and adding completely revisedChapter 12. 48 to Title 12 pertaining to park regulations. ( A2500.0-Parks)Discussion: The City Attorney reported there is a provision in the Ordinance that states, in effect, this ordinance will become effective October 27, 1992, which is 90 days from today's date. Mayor Beyer reiterated the 90 days can always be extended if another site is not found. MOTION - Coontz SECOND - Steiner A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 19-92 have second reading waived and same was passed and adopted by the preceding vote.8.3 ORDINANCE NO. 20-92 An Ordinance of the City Council of the City of Orange amending Municipal Code Sections pertaining to condominium projects and establishing a minimum number of units for condominium developments and conversions. (A2500. 0 Condominiums)MOTION - Coontz SECOND - Spurgeon A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 20-92 have tirst 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 - None PAGE 8 CITY COUNCIL MINUTES JULY 28, 1992 11. RECESS The City Council recessed at 4:05 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 Dish'iet Court Case No. 92 2141 SVW. Serrano liTigation District vs. City of Orange, District Comi of Appeal for the Fourth District, Case GOII667. City of Ol'ange Administmtive Complaint against Sen'ano In'igation District, in regard to the license nllmbel's 2347,2348 and 2349, and Permit No. 19036. City of Omnge vs. Crawford Hills Associates, Orange County Superior Court Case No. 680909. 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 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 Pastor David Daniel, Calvary Chapel 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS Mayor Beyer announced the City Council attended a press conference at the Doubletree Hotel, between sessions, regarding the Business Retention Plan from the Chamber of Commerce. 12.3 INTRODUCTIONS - None 12. 4 PROCLAMA TIONS - None 12.5 PRESENTATIONS - None PAGE 9 CITY COUNCIL MINUTES JULY 28,1992 13. PUBLIC HEARINGS TAPE 1711 13.1 APPEAL NO. 401, VARIANCE NO. 1932-92, BEAM AND ASSOCIATES FOR ST. JOSEPH HOSPITAL: (MOOO. O)Time set for a public hearing on petition by Beam and Associates for St. Joseph Hospital to appeal the decision by the Zoning Administrator on June 4, 1992 denying Variance No. 1932-92, a request to erect three (3) freestanding signs along the front of the newly constructed St.Joseph Medical Plaza office complex. The Variance application is to allow more than one ( 1)freestanding sign along the property street frontage. The property is currently zoned C-l Limited Business District) and is located at 1140 West La Veta Avenue.NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section 15303.APPLICANT STATES THE FOLLOWING REASONS FOR THE APPEAL:St. Joseph Medical Plaza is not a typical medical office building in that the first three floors are an ambulatory care center which is an adjunct of the hospitaland wi\l have two magnetic resonance imaging machines (MRI). Previously this kind of facility would be referred to as an outpatient clinic. In addition, there will be several specialized group medical practices located on the top five floors. These include The Breast Care Center and The Orthopaedic Surgery Medical Group. It is important to have signage that will prevent confusion in the patient's mind as to the location of these essential hospital services that are not on the main campus and whose parking is behind the building. Otherwise, unnecessary traffic will be generated in this already busy area."MA YOR BEYER OPENED THE PUBLIC HEARING.Robin Ravgiala, representing St. Joseph's Hospital, 1100 W. Steward Dr., Orange, spoke in favor of the appeal, and explained the dimensions and contents of the signs.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon CEQA Finding: Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines, Section 15303.MOTION SECOND AYES Spurgeon Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to sustain the appeal.PAGE 10 CITY COUNCIL MINUTES JULY 28, 1992 13.2 PUBLIC HEARINGS (Continued) TAPE 2017 13.2 ORDINANCE AMENDMENT 2-92, MOBILE FOOD VENDING CARTS,CITY OF ORANGE: (A2500.0 Mobile Food Handling)Time set for a public hearing on petition by the City of Orange to consider Ordinance Amendment 2-92, a proposed amendment to those sections of the Zoning Ordinance ( Title 17)of the Orange Municipal Code) adding mobile food vending carts to the listing of allowable uses in the OP, C-I, C-TR, M-l and M- 2 zones and/or other districts.NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303. MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke:Ed Dart, 1011 W. Taft, requested the signage be limited to the size of the cart, and is opposed to the CUP process.Lois Barke, 2022 Spruce, in favor of the CUP process, to look at each location separately Herb Barke, 2022 Spruce, commented it is unfair to sandwich shops already in these areas.Bob Bennyhoff, 10642 Morada Dr., commented in favor of retaining the CUP process.Jenny Lin, 526 W. Katella, felt the hot dog carts would interfere with established businesses.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon CEQA Finding: Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA). MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to adopt Ordinance Amendment No. 2-92 as outlined by the Planning Commission in Resolution No. PC-36-92, with the inclusion of a statement that this is to be looked upon as an accessory use, and the conditional use permit be reviewed at the end of CITY COUNCIL MINUTES JULY 28, 1992 14. PLANNING AND ENVIRONMENT TAPE 2761 14.1 Status Report from the Director of Community Services regarding landscape maintenance problems for Landscape Maintenance Assessment District 82-11ocated westerly of Meats Avenue in the vicinity of Marywood and Shadowridge St. (Continued from6/23/ 92) MOTION SECOND AYES Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue this item to August 11, 1992, as requested by staff.15. ORAL PRESENT A TlONS - None 16. ADJOURNMENT MOTION SECOND AYES Barrera Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon The City Council adjourned at 7: 45 P.M. to ajoint Adjourned Regular Meeting with the Planning Commission and the Parks and Recreation Commission on July 29, 1992 in the Weimer Room from 4:30 to 5:30 P.M. to discuss the proposed Recreational Trails Master Plan; and to August 10, 1992 at 4:00 P.M. at the Emergency Operating Center to discuss the Emergency Operating Plan.Redevelopment Agency will adjourn to an Adjourned Regular Meeting, August 5, 1992 in the Orange Economic Development conference Room at 3:30 P.M to discuss economic procedures and projects.1Jt~y,J/~~4fPAV MARILYN . JE ' N C, CITY CLERK PAGE 12