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08-11-1992 Council MinutesAPPROVED BY CITY COUNCIL ON AUGUST 25, 1992. CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING August 11, 1992 The City Council of the City of Orange, California convened on August 11, 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 July 21, 1992 MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Regular Meeting July 28, 1992 MOTION - Steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Adjourned Regular Meeting July 29, 1992 MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.1. 4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None 1.5 PROCLAMATIONS - None PAGE 1 CITY COUNCIL MINUTES August 11, 1992 2. CONSENT CALENDAR - Tape 58 2. 1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of August 11, 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.2. 3Request Council approve a Cooperative Agreement between the State of California and the City of Orange for the planning and design stages of the Meats Avenue Overcrossing Widening Project at the Costa Mesa Freeway (SR 55). (A2100.0 AGR-1955) FISCAL IMPACT: None. ACTION: Authorized the Mayor and City Clerk to execute on behalf of City. 2.4 Request for consent from legal firm of Best, Best & Krieger to represent Orange Unified School District in their negotiations with the City. (C2500.B) FISCAL IMPACT: None. ACTION: Approved. REMOVED AND HEARD SEPARATELY) 2.5 Claims for damages from: (C3200.0) Mrs. Bernell Henderson Matthew Paul, et al. FISCAL IMPACT: None. MOTION - Barrera SECOND - Steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Denied claims and referred to City Attorney and Adjuster.PAGE 2 CITY COUNCIL MINUTES August 11, 1992 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.6 Request the Council by motion, decrease the expenditure budget for the General Fund 100 and increase the budget for the Asset Seizure Fund 355 in the amount of $72,008.67 for the transfer of a Detective position to the Orange County Regional Narcotics Suppression Program. (C25oo.K) FISCAL IMPACT: The General Fund will save $72,008.67. MOTION - Spurgeon SECOND - Steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.2. 7 Request Council authorize the Agency Board of Directors to approve a letter of financial support to the State Tax Credit AIlocation Committee (TCAC) for the OHDC Walnut-Pixley project. (RA2100. 0 AGR-1924)FISCAL IMPACT: None.ACTION: Approved. 2.8 Request by County of Orange for placement ofa banner at location #5 in the Orange Plaza area to advertise 95th anniversary celebration ofIrvine Regional Park on October 4, 1992,and waive banner installation fee. (p13oo.0.9)FISCAL IMPACT: None.ACTION: Approved. 2.9 Designate Mayor Pro Tem Fred Barrera as the Voting Delegate for the League of California Cities Annual Conference, October 10-13, 1992, with Councilman Bill Steiner as the alternate. (ORI8oo.0.12)FISCAL IMPACT: None.ACTION: Approved.2. 10 Request from County of Orange to waive 60-day notice requirement to use donated space at the Orange Senior Citizens Center at 170 South Olive for the County Health Care Agency's Elder Care Program. (If approved, adopt Resolution No. 8064, Legal Affairs Item 8.11.) (A2100.0 AGR- 1996)FISCAL IMPACT: None.ACTION: Approved.PAGE CITY COUNCIL MINUTES August 11, 1992 2. CONSENT CALENDAR (Continued) 2.11 Request Council relinquish access rights along Chapman Avenue within Tract No. 12417 -AIbertson' s. (S4000.S.3.3)ACTION: Authorized curb cut at approved location. Recordable agreement to be used to document the Applicant's acceptance of the recommendations.MOTION SECOND AYES Steiner Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Items 2.5 and 2.6 were removed and heard separately. AIl other items on the Consent Calendar were approved/denied as recommended.ENDOF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER NON-AGENDA ITEM:Mayor Beyer reported Staff has been asked to plan budget reductions. Full time employees are being asked to help reduce payroll costs by 10"10. He askedCouncilmembers to lead by example and voluntarily cut their salaries by 10"10. (C2500.D)Councilwoman Coontz felt that greater savings could be felt by strictly adhering to budget policies already in place. Council has a special activities expense account, which should also be examined. Councilman Steiner mentioned this reimbursement account has about $1,600 per Councilmember per year. Any furlough program will have to be negotiated with the employees.Richard A. Brown, 830 N. Ross, Santa Ana, Staff member for the Orange County Employees Association, which represents several bargaining units in the City of Orange, addressed the Council. He was disturbed that the Personnel Director felt the City has the unilateral authority to take these actions. He assumed the City would be contacting the Employees Association to commence negotiations on these items. The City Manager clarified it was not the City's intent to take any unilateral action on this item.MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to agendize the matter of the 10"10 reduction in Council stipend forAugust 18, 1992.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 4 CITY COUNCIL MINUTES August 11, 1992 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS - Tape 664 8.1 ORDINANCE NO. 17-92 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. (C2500.F)MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 17- 92 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.2 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 SECOND AYES Barrera Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 20-92 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.3 ORDINANCE NO. 21-92 An Ordinance of the City Council of the City of Orange adding a new chapter 2.80 to the Orange Municipal Code providing for enforcement of the Orange Municipal Code by designated City employees and establishing a reinspection fee to be charged violators who fail or refuse to correct violations of said code. (A2500.0 Code Enforcement)MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 21-92 have first reading waived and same was set for second reading by the preceding vote.PAGE 5 CITY COUNCIL MINUTES August 11, 1992 8. LEGAL AFFAIRS (Continued) 8.4 ORDINANCE NO. 22- 92 An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to 8l10w Mobile Hot Dog Vending Carts as an accessory use in the C- l zone,subject to a Conditional Use Permit. (A2500.0 Mobile Food Handling) MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 22-92 have first reading waived and same was set for second reading by the preceding vote. 8.5 ORDINANCE NO. 23- 92 An Ordinance of the City Council of the City of Orange amending Orange Municipal Code Section 12.65.020 by adding the area described as north and southbound Glassell Street between Katella and Meats and east and westbound Taft Avenue between Shaffer and Batavia to the district contained in that section prohibiting solicitation of employment. A25oo.0 Day Laborers) MOTION SECOND AYES Coontz Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 23-92 have first reading waived and same was set for second reading by the preceding vote.8. 6 RESOLUTION NO. 8059 A Resolution of the City Council of the City of Orange commending and congratulating Pierce Lyden for being the 1992 recipient of the "Golden Boot" award and declaring the 15th of August,1992 as Pierce Lyden Day in the City of Orange. (C25oo.D.5)MOTION SECOND AYES Barrera Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8059 as introduced be adopted and same was passed and adopted by the preceding vote.8.7 RESOLUTION NO. 8060 A Resolution of the City Council of the City of Orange ordering territory designated as Annexation No. 395 (Glen Arran) annexed to the City of Orange. (A3100.0 ANX-395)MOTION SECOND Spurgeon Barrera PAGEl CITY COUNCIL MINUTES August 11, 1992 8. LEGAL AFFAIRS (Continued) AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8060 as introduced be adopted and same was passed and adopted by the preceding vote.8. 8 RESOLUTION NO. 8061 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 92-3 adjusting a lot line of certain property situated at 1065 and 1067 North Granada Drive. C2500.M.16.1 LLA- 92- 3) MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8061 as introduced be adopted and same was passed and adopted by the preceding vote. 8.9 RESOLUTION NO. 8062 A Resolution of the City Council of the City of Orange amending Section 10.30.040A of the Orange Municipal Code to add to Area "A" of the Neighborhood Parking Permit Program certain segments of Maple Ave., and Orange St. (A25oo.0 Parking-Neighborhood Permit) MOTION SECOND AYES Steiner Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8062 as introduced be adopted and same was passed and adopted by the preceding vote. 8.10 RESOLUTION NO. 8063 A Resolution of the City Council of the City of Orange approving formation of, and membership by the City of Orange in, the Local Medical Facilities Financing Authority IV and the execution of Joint Exercise of Powers Agreement relating to the authority. (A21oo.0 AGR-1997)MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8063 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 7 CITY COUNCIL MINUTES August 11, 1992 8. LEGAL AFFAIRS (Continued) 8.11 RESOLUTION NO. 8064 A Resolution of the City Council of the City of Orange waiving 6O-day notice requirement for the County of Orange to use space in an existing building at 170 South Olive, pursuant to Government Code Section 25351(d). (See Consent Calendar Item 2.10.) (A21oo.0 AGR- 1996) MOTION SECOND AYES Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8064 as introduced be adopted and same was passed and adopted by the preceding vote.IcAA* IIll***9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Noise and encroachment problem: Kerry Schuh, 225 S. Grand Street, requested the Council have Staff take care ofa problem she has with the Community Services trailer. The generator from the air conditioning causes too much noise and disturbs her sleep and quality oflife. She reports the trailer is too close to her lot line as well. Council directed the City Manager to prepare a report on this subject for Council agenda next week. (R1200.0)Pearl Waddell, 304 E. AImond #3, also requested Council solve the noise problem, caused by the air conditioning unit in the Community Services Department trailer.A****** A 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.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.PAGEl CITY COUNCIL MINUTES August 11, 1992 11. RECESS (Continued) 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. The City Attorney announced Council would also be discussing City of Orange vs. Crawford Hills, Orange County Superior Court Case 68 09 09. 7:00 P.M. SESSION 12. INVOCATION Given by Pastor Stephen Janssen, 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 13. 1 PROTEST HEARING FOR ANNEXATION NO. 400 ACRE PLACElMEADS:The protest hearing for Annexation No. 400, Acre Place/Meads, as directed by the Local Agency Formation Commission on June 3, 1992 has been continued from July 14, 1992 to this time.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 often parcels. The location of the subject territory is easterly of Meads Avenue in the Orange Park Acre area. (A3100.0ANX- 400)Tape-1490 MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke:Norman Brock, 10351 Acre Place. Mr. Brock requested another continuance, for the reason they are trying to get bids on bringing the private street up to City standard.PAGEt T------ CITY COUNCIL MINUTES August 11, 1992 13. PUBLIC HEARINGS (Continued) Bob Bennyhoff, 10642 Morada Drive, agreed Council should give him any additonal time required. He felt the way this was handled would have an affect on the potential annexation of Orange Park Acres into the City. The Director of Public Works agreed extra time was needed for the Street Department Manager to talk with the residents about what needs to be done to bring the street up to standard. THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED. MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue this hearing to September 8. 1992.A.*13.2 APPLICATION TO OPERATE A TAXI BUSINESS, A-AAA YELLOW CAB, INC.:Time set for a public hearing on petition by the A-AAA Yellow Cab, Inc. to request consideration of an application to operate a taxi business in the City of Orange. (p1300.0.4) Tape 2118 The Revenue Manager reported in January, 1989 Council denied an application for additional taxi service. Since that time, the City Clerk and the Finance Department Business License Division have not had any complaints about the level of taxicab service in the City of Orange.MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke in favor of approval:Mike Casey, General Manager A-AAA Yellow Cab. The following people spoke in opposition: Larry Slagle, 1619 E. Lincoln, Anaheim, President Yellow Cab Company of Northern Orange County. THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED. MOTION SECOND AYES Spurgeon Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to deny the application.A.**".PAGE 10 CITY COUNCIL MINUTES August 11, 1992 14. PLANNING AND ENVIRONMENT 14.1 Status report from the Director of Community Services regarding landscape maintenance problems for Landscape Maintenance Assessment District 82-1 located westerly of Meats Avenue in the vicinity ofMarywood and Shadowridge St. (Continued from6/23/92 and 7/28/ 92.)TlI00.0.0 TAD-82- 1) Tape 2650 MOTION SECOND AYES Barrera Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to direct Staff to implement the landscape improvements of the short term plan for Landscape Maintenance Assessment District 82-1 (Shadow Ridge).15. ORAL PRESENTATIONS Anti-Abortion brochure: Susan Guilford, 3046 E. Gainsborough, addressed the Council regarding an anti-abortion brochure left on her doorstep Saturday morning which she found extremely offensive. She asked if anything could be done about this, since it could be a problem in the hands of children.The City Attorney did not think there was a City ordinance covering this, but there may be a State Code covering distribution of material to minors.Janelle Chu, 12692 Dunas, Santa Ana, expressed the same concern. She was concerned about young children seeing this material, because of the offensive pictures. She reported this to the Board of Supervisors. Their office was going to report this to the State. It is a non-profit organization, and if enough complaints were registered against this type ofliterature, their non-profit status may be reviewed.AIice Clark, 205 N. Pine Street, agreed with the offensive nature of this literature and asked for an address to write expressing disapproval. 16. ADJOURNMENT MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to adjourn at 8:00 p. m.nAt6r~~~Marilyn 1. Jens , C. . C City Clerk PAGE