Loading...
08-20-1991 Council MinutesAPPROVED BY CITY COUNCIL ON SEPTEMBER 10, 1991.167 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA AUGUST 20, 1991 The city Council of the City of Orange, day of August, 1991 at 3:00 p.m. in the Chapman Avenue. Oranqe. California. California convened this 20th Council Chambers, 300 E. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner, Barrera (arrived at 3:15 p.m.)1.3 APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 44 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of August 20, 1991,at Orange civic Center, Main Library, New Police Facility at 1107 N. 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 Request authorization to approve a Homeowner Participation Grant and authorize the city Treasurer to prepare a check in the amount of $1,000 ( Case # 505). (C2500.G.1.1)ACTION: Approved.2.3 Request authorization to approve a Code Enforcement Grant and authorize the City Treasurer to prepare a check in the amount of $5,000 (Case # 21). ( C2500.G.1.1)ACTION: Approved.2.4 Request authorization to approve a Deferred Payment Loan and a Housing Accessibility Grant and authorize the City Treasurer to prepare a check for the following:25,000 - Deferred Payment Loan 1,500 - Housing Accessibility Grant (Case # 489) (C2500.G.1.1)ACTION: Approved.Page 1 168 CITY COUNCIL MINUTES AUGUST 20, 1991 2. CONSENT CALENDAR (Continued) 2.5 Request authorization to approve a Housing Accessibility Program Grant and authorize the City Treasurer to prepare a check in the amount of $1,500 (Case # 502). (C2500.G.1.1) ACTION: Approved. 2.6 Request authorization to approve a Homeowner Participation Grant, and authorize the City Treasurer to prepare a check in the amount of $2,000 (Case # 501). (C2500.G.1.1) ACTION: Approved. 2.7 CLAIM FOR DAMAGES FROM:C3200.0) a. MINA LACHMAN for an alleged incident occurring on or about April 27, 1991. b. JEANINE FUCCI for an alleged incident occurring on or about May 1, 1991. c. BARBARA SAPP for an alleged incident occurring on or about March 20, 1991. ACTION: Denied claims and referred to City Attorney and Adjuster. 2.8 Designate Mayor Beyer as the voting Delegate for the League of California cities Annual Conference, October 13-16, 1991, with Mayor pro tem Barrera as the alternate. (OR1800.0. 12)ACTION: Approved.2.9 Request to cease collection efforts for uncollectible receivables. (C2500.J. 1)ACTION: Approved.2.10 Approve authorization connect 16732 E. Main to city owned sewer.of agreement with M. Barbara Ramer to Street in unincorporated County territory A2100.0 A. 1835)ACTION: Authorized the Mayor and city Clerk to execute the agreement on behalf of the City.2.11 Request Council approve and authorize the donation of one surplus Police vehicle to Golden West College to be used as a training tool in their Police Academy program. (P2500. 0)ACTION: Approved.Page 169 CITY COUNCIL MINUTES AUGUST 20, 1991 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.12 Request from Children's Hospital of orange County to hang 18 banners from the existing hardware on traffic lights at the corners of Main and La Veta; Main and Almond; and Main and Chapman Avenue. The banners will hang from September 15th to October 15, 1991 to announce the grand opening of the new CHOC building. (A2500.0 Signs, Banners) The following people spoke: Maureen Williams, Dir. Public Relations, CHOC, 455 S. Main st. Ms. Williams commented that CHOC wants the community to know what they are all about. They are a not-for- profit community resource, and this is a once-in- a-lifetime event. There are two other locations they would also like to put the banners:at Main St./Main Place and Main st./Culver. The banners would be like the Olympic torch banners which are currently being displayed. They have a budget to pay for installation. They would be displayed from about September 27 to october 15,rather than from September 15, as listed in the agenda.council questioned whether it is dangerous to put these on traffic signals, and in the Plaza area. The Traffic Engineer reported special street lights were made and installed to accommodate banners when the Plaza was rehabilitated a few years ago. The torch banners were installed on the traffic signals in such a way that they would not pose a safety hazard. Council felt a policy on banners should be established through a code, since requests of this type come to council frequently.MOTION - Barrera Moved to amend the request to display the banners to include the two additional locations.Motion died for lack of a second. MOTION - Mayor Beyer SECOND - Coontz AYES - Mayor Beyer, Coontz, Spurgeon NOES - Barrera ABSENT - Steiner ACTION: Approved the request to display the banners at locations requested on the agenda. Directed Traffic and Planning Department Staff to work together and initiate an ordinance amendment to cover banner display.Page 3 170 CITY COUNCIL MINUTES AUGUST 20, 1991 2. CONSENT CALENDAR (Continued) 2.13 Request Council approve the addition of one Assistant city Attorney position to the 1991-92 position control and authorize staff to appropriate funding from Outside Legal Services to the City Attorney's budget to fund the position. (C2500. B)ACTION: Approved.MOTION - Coontz SECOND - Spurgeon AYES - Mayor Beyer, Coontz, Spurgeon ABSENT - steiner, Barrera (arrived at 3:15 p.m.)Item 2.12 was removed and heard separately. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER 3.1 Report from Mavor Bever reqardinq for the operation of the Santa Ana and Armories for the homeless this winter.an appropriation of $ 5.000.00 Fullerton National Guard OC1300.H)The Senior Assistant from the City Manager's office reported the County of Orange has requested contributions from cities in the County to assist in providing security at the National Guard Armories in the winter, when they are open for the homeless. The City of Orange has contributed $ 5,000 to this trust fund set up by the county to pay for security for the last two years. The County Board of Supervisors may be considering not funding this program. It was recommended to make the appropriation, but withhold payment until the County commits to the program.Mayor Pro Tem Barrera was reluctant to support this, without knowing how Orange benefited from this.MOTION - Spurgeon SECOND - Coontz AYES - Mayor Beyer, coontz, Spurgeon NOES - Barrera ABSENT - steiner Moved to approve the appropriation of $5,000 for the operation of the Santa Ana and Fullerton National Guard Armories for the homeless this winter, subject to funding of this program by the County of Orange.Page 4 171 CITY COUNCIL MINUTES AUGUST 20, 1991 4.REPORTS FROM COUNCILMEMBERS TAPE 652 4.1 Report from Councilwoman Coontz on the Auqust 8. 1991 Oranqe Countv Inteqrated Waste Manaqement Commission meetinq. OR1800.0.3.14) MOTION - Spurgeon SECOND - Coontz AYES - Barrera, Mayor Beyer, coontz, Spurgeon ABSENT - Steiner Moved to receive and file report.5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 860 5.1 Appointment of the followinq to the Recreational Trails Master Plan Committee as alternates: ( OR1800.0.19.5)Mary Anne Skorpanich Sharon Spoolstra Graham Littreil MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Moved to approve the aforementioned alternates to the Recreational Trails Master Plan Committee.5.2 Accept Jeff Marta's resiqnation with reqrets from the Community Development Block Grant Committee. and instruct the citv Clerk to beqin Maddv Act requirements to fill the vacant position.OR1800.0.8.3)MOTION - Coontz SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner Moved to accept with regrets the resignation of Jeff Marta from the Community Development Block Grant Committee and instructed the City Clerk to advertise the position pursuant to Maddy Act requirements.6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None Page 5 172 CITY COUNCIL MINUTES AUGUST 20, 1991 8.LEGAL AFFAIRS TAPE 895 8.1 RESOLUTION NO. 7864 T4000.0 No. 14510) 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 on the north side of Taft Avenue, 500 feet west of Tustin Street (1515 East Taft Avenue). Tentative Tract No. 14510, Clow & Clow, Inc.) MOTION - Coontz SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7864 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 7865 T4000.0 No. 14510)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 the creation of three lots without direct access to a public street and modificaiton to previously approved Conditional Use Permit No. 261 establishing a church use upon property situated at 1515 East Taft Avenue.Conditional Use Permit 1908- 91, Clow & Clow, Inc.)MOTION - Spurgeon SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner That Resolution No. 7865 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 7868 C2500.M. 15)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 relocation of trees at historic Hewes Park.MOTION - Spurgeon SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner That Resolution No. 7868 as introduced be adopted and same was passed and adopted by the preceding vote.Page 6 173 CITY COUNCIL MINUTES AUGUST 20, 1991 9.ORAL PRESENTATIONS TAPE 916 Alice Clark, 205 N. pine Street, addressed the Council regarding a problem in her area with traffic speeding way over the limit of 25 m.p.h. She wants additional speed limit signs posted on Maple. She feels there should be a stop sign at Maple/Harwood and Cambridge/Maple should be a 4-way stop.Council directed the Traffic Division to investigate the area on Maple from Cambridge to Harwood, with the possibility of stop controls. Additional speed limit signs are to be posted.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY. 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:Potlatch Corporation vs. The cities of Aqoura Hills, et aI, united States District Court Case No. CV 90- 3122 AAH.b. To confer with its attorney regarding potential litigation pursuant to Government Code section 54956.9( b) (1).c. 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 11. INVOCATION - Reverend Carl Lutz, st. Pauls Lutheran Church 11.1 PLEDGE ALLEGIANCE TO THE FLAG 11.2 ANNOUNCEMENTS - None 11.3 INTRODUCTIONS Mayor Beyer introduced Marc Jabousek from Boy Scout Trout 152, who is working on his citizenship in the Community badge. 11.4 PROCLAMATIONS - None 11. 5 PRESENTATIONS - None Page 7 174 CITY COUNCIL MINUTES AUGUST 20, 1991 12.PUBLIC HEARINGS TAPE 1490 12.1 ORDINANCE AMENDMENT NO. 1-91. KEEPING OF MINIATURE LIVESTOCK AND EXOTIC PETS. CITY OF ORANGE: (A2500. 0)Time set for a public hearing to consider Ordinance Amendment No.1-91 to amend various sections of the Orange Municipal Code to add provisions regarding the keeping of miniature livestock and exotic pets on residentially zoned property.NOTE: Negative Declaration 1369-91 has been prepared for this project.The Administrator of Current Planning reported in August, 1990, the city Council directed Staff to prepare a report on the impact of miniature livestock and large snakes to be kept in the city's mUlti-family and smaller lot- size single family residential zones.At the culimination of the study, Ordinance Amendment 1-91 was drafted by Staff. The Planning commission held two public hearings and one study session on this subject. In addition, a great deal of Staff time went into the research of the various types of animals that could be considered under this ordinance.The Planning commission recommended the city Council deny, or not continue with the proposed Ordinance Amendment 1-91, but rather leave the City's ordinance relating to animals the way it is, keeping regulations on livestock, exotic pets and large snakes the way the ordinance currently addresses them.MAYOR BEYER OPENED THE PUBLIC HEARING.Council asked the Administrator of Current Planning to reiterate the size of the lots which allow these types of animals in the existing ordinance. The lot size must be 1/2 acre or 20,000 square feet or larger according to the existing ordinance.A letter was received from Sarah Dunkel, 10711 S. Meads, in support of the amendment.The following people spoke in favor of the amendment:Stephen Heilman, 1429 E. Oakmont. Donna Heilman, 1429 E. Oakmont.Jo Trumbo, 3015 E. La Veta.Dale Trumbo, 3015 E. La Veta.Bob Bennyhoff, 10642 Morada Drive.They made the following points:If the neighbors have no objection, pygmy goats should be allowed.There is quite a size difference between a horse, which weighs about 1,000 pounds, and a pygmy goat, which weighs less than 100 pounds. Pygmy goats do not jump fences like a dog. Females do not have odors and make less noise than a dog.Goats do not have fleas, which is a problem with dogs.Page 8 1 7" 175 CITY COUNCIL MINUTES AUGUST 20, 1991 12. PUBLIC HEARINGS (Continued) Ordinances have been approved in certain cities allowing pot-bellied pigs. Pygmy goats make wonderful pets. They are safe with children,easy to take care of and very enjoyable.Any pets cause a certain amount of problems, but dogs cause more problems than pygmy goats.It would be easy for Council to deny this, but some people feel they should be allowed, that they are easier to care for than a dog or cat.Thefollowingpeople spoke in opposition to the amendment:Marilyn Jensen, 1202 E. Mayfair Ave.She made the following points:The pygmy goats do have an odor, especially when families of them are allowed.The lots in Orange are too small to allow these animals.Council asked where the burden would fall as to enforcement: would it be County Animal Control orCityCodeEnforcement? The Current Planning Administrator reported this question is one of the reasons the Planning Commission recommended denial. ItwouldfallonourCodeEnforcementtodetermineifthe animal was in compliance with the City Ordinance. The County'sregulationsforsanitarykeepingofanimalswouldalsoapply.Council feltthatstaffingproblemswould be created for both the City and County, if the Ordinance Amendment is approved. Council also commented this issue was studied very thoroughly and carefully,with a great deal of Stafftimeinvested, and testimony of expert witnesses.THERE BEING NO OTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION - Coontz SECOND - Beyer AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner Moved to uphold the Planning Commission recommendationthattheNegative Declaration does not adequately address the impacts on surrounding residences and the residential community of Orange as a whole.MOTION - Beyer SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner Moved to deny Ordinance Amendment 1-91, and retain the City's present ordinances regarding animals.Page 9 176 CITY COUNCIL MINUTES AUGUST 20, 1991 13. PLANNING AND ENVIRONMENT - None 14. REPORTS FROM COUNCILMEMBERS - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner Moved to adjourn at 7:50 p. m.pe:~~MARILYN J. SE ., C TY CLERK B, ~/G ~YOR:Page 10