11-12-1991 Council MinutesAPPROVED BY CITY COUNCIL ON NOVEMBER 26, 1991 291
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
NOVEMBER 12, 1991
The City Council of the city of orange, California, convened this
12th day of November, 1991 at 3:00 P.M. in a Regular Meeting in the
council Chambers. 300 E. Chapman Avenue. Oranae. California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1. 2 ROLL CALL
PRESENT - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
steiner 1.3
APPROVAL OF MINUTES Regular Meeting -
October 15, 1991.MOTION - Barrera SECOND -
Coontz AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - steiner ACTION: Approved.Adjourned Regular
Meeting - October 16,
1991.MOTION -
Beyer SECOND - Barrera AYES - Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT -
steiner ACTION: Approved.
Regular Meeting - October 22, 1991.MOTION - Spurgeon
SECOND - Barrera AYES -
Barrera, Mayor
Beyer, Coontz, Spurgeon ABSENT - steiner ACTION:
Approved.Adjourned Regular
Meeting - October 29,
1991.MOTION - Barrera SECOND - Coontz AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT -
steiner ACTION: Approved.Page 1
292
CITY COUNCIL MINUTES NOVEMBER 12, 1991
1.4 PRESENTATIONS/ANNOUNCEMENTS i INTRODUCTIONS
The Library Director introduced Cindy Mediavilla, new Main
Library Manager.
1.5 PROCLAMATIONS - None 2.
CONSENT CALENDAR 2.
1 Declaration of City Clerk Marilyn J. Jensen declaring posting of
City Council Agenda of a regular meeting of November 12,1991,
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 Authorize the Mayor and Director of Finance to draw warrants on
City Treasurer in payment of demands.ACTION:
Approved.2.
3 Request from Orange High School to waive enforcement of permit parking
restrictions on certain streets in Parking Permit Area A (
200-400 blocks E. Walnut Ave., 300-500 blocks N.
Shaffer st., 400-500 blocks N. Harwood st.), on 11-
16-91 (or on 11-23-91 in case of
inclement weather) for their annual
swap meet. (
54000.5.3.1)ACTION: Approved.2.4 Request to connect to
City sewer; Aaron Tyner,
10401 Meads
Avenue. (C2500.M.3)ACTION: Approved.2.5 Request approval for an appropriation
for $1,471,557 and award a contract to Tracy
and Ryder Landscape, Inc., for Assessment District
86-1 Santiago Hills Street Scenes
Landscape Development and Landscape Maintenance District
86-2 Renovation; Bid No. 912-12.
Funding: 590-5013-485100 Assessment
District Bond) $1,355,357.00;550-
5011-483300-3415-00211 (Rancho Santiago Community College)116,200.
00. (A2100.
0.A.
CITY COUNCIL MINUTES NOVEMBER 12, 1991
293
2. CONSENT CALENDAR (Continued)
2.6 CLAIMS FOR DAMAGES FROM:
a. GREG AVERY, for an alleged incident occurring on or about
August 12, 1991.
b. EAGLE IRON CONSTRUCTION, for an alleged incident occurring
on or about March 15, 1990.
c. CRAIG A. GIRETH, for an alleged incident occurring on or
about February 20, 1991.
d. DIEGO MEDINA, for an alleged incident occurring on or
about February 19, 1991.
e. ERNEST PETTWAY, for an alleged incident occurring on or
about April 17, 1991.
f. ANTONIO RODRIGUEZ, for an alleged incident occurring on or
about September 18, 1991.
g. GEORGE ANDE, for an alleged incident occurring on or about
August 25, 1991.
h. DALTON ENTERPRISES, INC., for an alleged incident
occurring on or about June 29, 1991. (C3200.0)
ACTION: Denied claims and referred to the City Attorney and
Adjuster.
2.7 Authorize receipt of $5,000 in Federal Library Services and
Construction Act funds, administered by the California State
Library, for the grandparents and books program at the Main
Library, with allocation of funds to:
200-2011-427601-9972 (Printing &
Binding) $500.00 200-2011-443101-
9972 (Library Books) $4,000.
00 200-
2011-443400-
9972 (Craft Supplies) $500.
00 ACTION: Approved.C2500.I)REMOVED AND HEARD SEPARATELY)2.8 Authorize
receipt of $4,000 in Federal Library Services
and Construction Act funds, administered by the California
State Library, for a grant to serve Spanish-speaking
immigrant populations at the El Modena
Branch Library,
with allocation of funds to 200-2031-443101-9973 (Library Books).C2500.I)Mayor
pro tem Barrera asked if the monies in Items 2.7, 2.
8 and 2.9 would be used to purchase
books in Spanish. The Library Director indicated
these monies can be used for Spanish materials if the
materials are available.Communications are being sent to the State informing
them of
this problem with the hope monies will be allocated to publish
these materials.Mayor pro tem Barrera announced he would send
an invitation to
Gary strong, State
Librarian, to visit the City'S library.
MOTION - Barrera SECOND -
Spurgeon AYES -
Barrera, Mayor
294
CITY COUNCIL MINUTES NOVEMBER 12, 1991
2. CONSENT CALENDAR (Continued)
2.9 Authorize receipt of $29,910 in Federal Library Services and
Construction Act funds, administered by the California State
Library, for the third year of the Friendly stop program, with
allocation of the funds to 200-2013-413102-
9925 (Seasonal and Temporary
Workers). (C2500.
I)ACTION: Approved.2.10 Request to approve a Collective Defense
Agreement with certain county sanitation Districts of Orange County. (A2100.
0.A.1880)ACTION: Authorized Mayor and City Clerk
to execute agreement on behalf
of the city.2.11 Request Council approve the appraisal report prepared
by W. J.Carlson Associates, dated October 15,
1991, covering the property located at 7356 East
Santiago canyon Road.A2100.
0.A.
1672)ACTION:Approved.
MOTION - Barrera SECOND -
Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon
ABSENT - steiner Item
2.8 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 TAPE 177 A2500.
01 OFF-
AGENDA ITEM
Mayor Beyer announced a request had been received from the Chamber of
Commerce to amend the City ordinance on special promotion signs.
Mayor Beyer reported on his memorandum, dated November 12, 1991:
RECOMMENDATION: That the Council take action, by motion,
instructing staff to, 1) allow the use of banners between November
19, 1991 and January 10, 1992, exempt from ordinance time limits and
2) waive banner permit fees for the same time period.
BACKGROUND: On October 21, 1991 the Chamber of Commerce president,
Bill Reinking, wrote the attached letter to our Community Development
Department proposing changes to the city ordinance for special
romotion signs. The Chamber proposes to liberalize the banner and
special promotion regulations. The Chamber's letter states that
many members of the business community have suffered greatly during
this current and ongoing recessionary period." The Chamber states
further that, "it is our consensus that some relief in signage
restrictions would help some of these businesses recover."
Page 4
295
CITY COUNCIL MINUTES NOVEMBER 12, 1991
3. REPORTS FROM MAYOR BEYER (Continued)
The council is most assuredly very concerned about the economic
health of the community and eager to take supportive actions which
are in the best interest of the entire community.
with support of the council, I would propose that merchants
throughout the city be allowed to use banners from November 19, 1991
to January 10, 1992 without need for any fee or application. This
time period would be considered in extension an the normal 45 day per
year maximum time. Each banner would need to meet the normal health
and safety requirements for size, placement and number.
The council will certainly need the support of the Chamber of
Commerce in notifying and explaining to the business community the
opportunity being offered. The support and cooperation of the
Chamber will also be needed on January 11, 1992 when the time period
ends."
Mayor Beyer commented the proposed relaxing of the sign ordinance
would not include large balloons. They are still not acceptable.
Bill utter, representing the Chamber of Commerce, commented the
ordinance modification is to take advantage of the Christmas buying
season and post Christmas sales. After that time, the original
ordinance would go back into effect.
Council comments ensued relative to the matter being reviewed after
January 11, 1992, and further action could be contemplated if
necessary. The sign ordinance revision, with the assistance of the
Chamber of Commerce took approximately seven years and concern was
expressed that this would not dismantle the sign ordinance.
Mayor Beyer instructed the city Clerk to place this issue on the
November 19, 1991 Agenda, 3:00 P.M. Session.
4.
TAPE 368
A3100.0)
5.1 Report from city Clerk reaardina the percent of protests
certified for Annexation Nos. 392. 393 and 394 (Fairhaven Islands).
See Resolutions 7902. 7903 and 7904. paaes 11-
12.)REPORTS FROM COUNCILMEMBERS - None
The city Clerk reported when the signatures on the petition were
submitted to the county of Orange Registrar for verification, she was
cautioned the petition was irregular in format, and this format would
not be acceptable to the County. Names should have been printed,
Page 5
2,96
CITY COUNCIL MINUTES NOVEMBER 12, 1991
5. REPORTS FROM CITY CLERK (Continued)
signed, address, date and the annexation number. There were manyinvalidprotestsduetopeoplenotgivingproperregistration. Also
signatures were refused because they did not match the signature on
file. The County allowed the petition to go forward, however, but
the additional research work was done by the City Clerk's Office to
verify annexation numbers.
Also, many people called expressing confusion, thinking if they
signed the petition, it would guarantee an election. An election
would probably be the fairest way to guarantee the registered voters
a chance to voice their opinion.
The city Clerk further reported the election, if approved, would cost
approximately $3,000.00 to 5,000.00, which is included in the City
Clerk's Election fund this year. By eliminating some overtime, it
could be funded from the City Clerk's Budget without seekingadditionalfunds.
Election dates for 1992 open to Council are, April, June or November.
No funds would be saved if the election were to be included in the
November General Municipal Election because it would cost
approximately $4,000 an issue and not be a mail ballot election.
The following results were certified by the City Clerk:
Annexation 392
Registered
Voters
Property Owners
Assessed Value
Total Eliaible Valid Protests value of protests
172
99
9,109,020
64
73
7,080,708
37.2
73.7
77.7
The County Registrar certified that 88 individuals signed protests,
24 signatures were disqualified, including 1 duplicate signature.
Annexation 393
Registered
Voters
Property Owners
Assessed Value
86
48
4,308,450
26
24
2,657,559
30.2
50
61. 7
The County Registrar certified 38 individuals signed protests, 12
signatures were disqualified, including 3 duplicate signatures.
Annexation 394
Registered
Voters
Property Owners
Assessed Value
275
146
15,894,139
63
81
8,009,268
22.9
55.5
50.4
The County Registrar certified 103 individuals signed protests, 40
signatures were disqualified, including 12 duplicate signatures.
Page 6
297
CITY COUNCIL MINUTES NOVEMBER 12, 1991
5. REPORTS FROM THE CITY CLERK (Continued)
Mayor Beyer recognized the following speakers:
Edwin Drinkwater, 12862 Dunas Road, commented they were not provided
adequate time to perform the protest hearing. According to the State
of California Code section 56154, it requires at least 15 days
between the date of published notice of the hearing and the date of
the hearing. The notices sent out, did not allow that time, it was
only 12 days. As a result of this there were many signatures that
were disregarded because they did not fall within that time frame.
It is requested a new protest hearing be scheduled, meeting the
requirements of section 56154.
Neil Harkleroad, 10562 Mira Vista, Santa Ana, representing the
Foothill Communities Association, their the primary concern is to see
that the annexation procedures are carried through and represent the
best interests of the people being annexed. The notice sent out to
the voters in the area has a paragraph dealing with procedures for
accumulating petitions either from the registered voters or from the
landowners. It failed to clearly point out what the advertising date
was, it merely said, the advertised date. Unless the people in the
area make it a point to go down and search for where it was
advertised they have no way of knowing what the advertised date was.
The second failure was the protest petitions were carried out in good
faith and followed through by obtaining protests by the landowners as
the letter allowed them to do. However, after the City received
this, it is now indicated the landowners have a different procedure
for annexation than if they were to have had the voters signatures.
This subject was not addressed in the letter and should have been in
order to have made a judgement as to what course to take.
It is recommended the best course of action is to withdraw the
annexation action.
william L. Hatch, 12861 Dunas, commented the public notices should be
published in a major newspaper like The Register in the Metro
Section, to reach as many people as possible. Mr. Hatch asked what
are the City's plans for the areas if annexed? A street sweeper or
tree trimming will not be enough. The area is already serviced by
the Sheriff's department. will there be street lights installed or
water pipe repair?
Carol McCauley, 13591 Saigon Lane, Santa Ana, a neighbor of the area,
commented the people have shown they do not want to be annexed. Do
not waste any more time or money on an election.
The City Attorney reported in addition to the procedural problems, in
connection with the substance of notice not being sufficient, this
has to do with information on percentages of voters and/or landowners
needed to defeat the annexation, it was opined this complaint is
without merit. The statement sent out is correct. The other
complaint is the 12-day notice, rather than 15 and published in
the Page
298
CITY COUNCIL MINUTES NOVEMBER 12, 1991
5. REPORTS FROM THE CITY CLERK (Continued)
Orange City News on about the 12th day. This appears to be true and
the question is how would you cure the defect. One speaker
commented there should be a new hearing, the other speaker felt the
whole matter should be withdrawn. The latter would not be
recommended, because some people are pro annexation, others are anti
annexation. We have heard from the anti-annexation supporters
today,and this has gone through a process and needs to be concluded
by curing the
defect.The City Attorney opined the protest hearing should be reopened.
He indicated he received notice from the petitioners this
morning regarding the improper notice. There is some question as to
whether they have waived that objection by not raising it at the October
8,1991 protest hearing. This needs to be researched, as well as
the question of whether there was a lack of actual prejudice
sufficient to overcome statutory defect in the notice period. The
question would be, if Council acted today to send this to an election,
who would be prejudiced by having an election by the people who
are interested in the outcome of the
election.The next question, is can the City reopen the hearing in light of
the rights of the pro-annexation in addition to the petitioners
who filed with LAFCO. The answer is yes, the City of Tustin went
through this procedure and reopened their public hearing because
of some
procedural defect.The City Attorney felt the matter should be continued
to allow research on the questions raised. The recommendation is
to renotice and have a new protest public
hearing again.Council commented on bring this to a conclusion from
a legal standpoint. The bottom line will be the results of
the
election itself.MOTION -
Coontz SECOND - Barrera
AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
steiner Moved to
continue this issue to the November 26, 1991 Agenda, 3:00 P.M.
Session.6. REPORTS
FROM BOARDS. COMMITTEES AND COMMISSIONS 6.1
Nomination of Opal Patton to the Area Aaencv on Aaina - Senior citizens Advisorv Council. (
OR1800.0.12.3)MOTION - Mayor Beyer
SECOND - Barrera AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - steiner Moved to ratify the
nomination of Opal
Patton.Page 8
299
CITY COUNCIL MINUTES NOVEMBER 12, 1991
6. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued)
6.2 Appointment bv Mavor Bever of David Hart to the Official citv
Old Towne Steerina Committee. term to expire 9/30/93.
MOTION - Mayor Beyer SECOND -
Barrera AYES - Barrera,
Mayor Beyer ABSTAINED - Coontz, Spurgeon
ABSENT - steiner OR1800.0.
16)Moved to
ratify the appointment
of David Hart NOTE: Councilwoman Coontz abstained from
voting due to the ongoing legal review authorized by the
City Council.Councilman Spurgeon deferred to the
City Attorney indicating Mr. Hart is his blood relative. The
City Attorney advised there is no financial conflict of interest in
this case, but it is discretionary upon the councilmember to abstain
in a situation of this type.The City Attorney advised the
vote would carry because these are not disqualifications based on financial interests.
They are here for the quorum.6.3 Reappointment
of Randv
Bosch as Advisorv Member to the East Oranae 1490 Acre Specific Plan #
1 steerina Committee. term to expire 9/30/93. (OR1800.0.
67)MOTION - Coontz SECOND - Spurgeon AYES -
Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT -
steiner Moved to ratify the appointment of
Randy Bosch.TAPE
1356 A4000.0 DRB 4-91)6.4
Desian Review
Board Appeal No. 4-
91. the denial of buildina elevations and the subseauent installation of a
metal structure at an industrial facility located at 1951 N. Batavia
Street (N.W. corner at Grove Ave.). Applicant/Appellant: Oranae Disposal Services.
Inc.The Manager of Current Planning reported this
concept was originally approved in 1989 with a conditional use
permit and a review by the Design Review Board, and approved. Subsequent to
that in 1991 building plans were submitted to build the
structure. The plans were larger than what was originally proposed, and
changed some of the circulation patterns onsite. Because of this, staff
wanted it to go back to the Planning commission for review.
The applicant also changed the building materials from concrete to
metal. The process staff is following now, is DRB would
review the project before it goes to the Planning Commission, but because
it was already scheduled Page 9
JOO
CITY COUNCIL MINUTES NOVEMBER 12, 1991
6. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued)
for the Planning Commission, and the design issue was not known until
the last minute, this item slipped through and went to the Planningcommission. The Planning Commission passed a condition that the
project go to DRB to review the elevations.
The Design Review Board felt the 45 ft. tall building and increased
size was something that they could not support and recommended
certain elements be stepped back and the landscape submittal be
further modified to reflect the change in the building.
The applicant agreed to modifications in the landscaping, however the
metal wall construction accommodates the site's construction
limitation better, requiring less equipment and construction time.
The project is located within the industrial zone with existing metal
buildings to the north and west of the site, and one existing on the
site currently. The proposed wall panel is flat, it has no ribs and
will not appear to be a traditional metal looking building. The
height of the building is both a function of the small site and the
operation which takes place within the building. The heightmaximizesthelimitinthezone, but is setback 150 ft. from the
street line offsetting the building's tall appearance.
Mark Mattias, 1556 Conejo, Fullerton, J. R. Miller & Associates,
architecture firm, representing the appellant commented all other
cities have the same type of building. They are easy to maintain and
keep clean, a more efficient structure.
Council commented this is the City's resource recycling facility.This has been in the process since 1987 going through the County,
State and local jurisdictions. Other cities have this type of
building which is state of the art. Anaheim Disposal has the exact
same building.
MOTION
SECOND
AYES
ABSENT
Mayor Beyer Coontz
Barrera, Mayor
steiner Beyer, Coontz,
Spurgeon Moved
to uphold the
appeal.7.ADMINISTRATIVE REPORTS TAPE
1632 TIIOO.0.
2)7.
1 Report on
City of Oranae Policy Guidelines for the use of public financina mechanisms to
finance public facilities. (See Resolution No. 7905. paae
12.)Mayor Beyer read the
following statement: "Woodcrest Development and The Irvine Company following
initial review of the proposed policy guidelines have requested continuationofthisitemtoallowforadditionaltimetounderstand
and discuss these proposed policies prior to Council action. I understand the City Manager has had some discussions with Woodcrest concerning
continuance and would therefore recommend this item be
continued until such time as Mr. Thompson is Page 10
501
CITY COUNCIL MINUTES NOVEMBER 12, 1991
7. ADMINISTRATIVE REPORTS (Continued)
ready to place it back on the Agenda. During that continuance there
would be a possibility of the bond counsel meeting with Woodcrest and
The Irvine Company to go over the situation as it now exists."
councilwoman Coontz remarked the Building Industry Association had
called and were interested in being notified. Also, it was suggested
a study session be scheduled after the council committee meets with
the steering committee of the Irvine properties.
MOTION - Barrera SECOND -
Spurgeon AYES - Barrera,
Mayor Beyer, coontz, Spurgeon ABSENT - steiner I
I I Moved
to
continue
this
item to no date certain, but that the BIA and others interested in this
item be notified when scheduled.8. REPORTS FROM CITY
MANAGER k'9.LEGAL AFFAIRS
TAPE
1719 9.1
RESOLUTION NO.
7899 A Resolution of the
City council of the City of Orange upholding the recommendation of the Planning
commission of the City of Orange denying a Tentative Parcel
Map to convert a duplex apartment into two condominium units upon property
located at 256-258 S. Foley Place.C2500.M.16.
1)Tentative Parcel Map
90-346. Nagui Mankruse.MOTION - Coontz
SECOND - Spurgeon AYES -
Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT - steiner That Resolution No.
7899 as introduced
be adopted and same was passed and adopted on the preceding vote.
9.2 RESOLUTION NO. 7898 A
Resolution of the City Council
of the city of Orange of intention to establish a community facilities district
and to authorize the levy of special taxes pursuant to
the Mello-Roos Community Facilities Act of 1982. (TIIOO.0.
2)community Facilities District No. 91-
2 (Serrano Heights Public Improvements) .MOTION - Coontz SECOND -
Barrera
AYES - Barrera, Mayor
Beyer, Coontz, Spurgeon
ABSENT - steiner Page 11
02
CITY COUNCIL MINUTES NOVEMBER 12, 1991
9. LEGAL AFFAIRS (Continued)
That Resolution No. 7898 as introduced be adopted and same was passed
and adopted by the preceding vote.
9.3 RESOLUTION NO. 7900
A Resolution of the City Council of the city of Orange of intention
to incur bonded indebtedness of the proposed City of Orange Community
Facilities District No. 91-2 (Serrano Heights public
improvements)pursuant to the Mello-Roos Community Facilities Act
of 1982.TIIOO.
0.2)Community Facilities District No. 91-2 (
Serrano
Heights
Public
Improvements).
MOTION
SECOND AYES
ABSENT Barrera Mayor
Beyer Barrera, Mayor
Steiner Beyer,
Coontz, Spurgeon That
Resolution No. 7900 as introduced be adopted and same was passed and
adopted by the preceding vote.9.
4 RESOLUTION NO. 7890 A
Resolution of the City Council of the City of Orange granting Appeal
No. 390 and approving Conditional Use Permit No. 1922-91.
Appellant: Miguel A. Eizenga. (A4000.0)
MOTION - Barrera SECOND -
Coontz AYES - Barrera,
Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Moved
to continue Resolution
NO. 7890 to November 19, 1991 due to a 3-2 vote at
the public hearing.9.5 RESOLUTION
NO. 7902 A Resolution of
the City Council of the City of Orange ordering territory designated as
Annexation No. 392 be annexed to the City of Orange, subject to
an election to be held April 14, 1992.A3100.0)Unincorporated
territory located
generally north of Fairhaven Avenue and east of
Yorba st.)MOTION - Mayor Beyer
SECOND - Spurgeon AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - Steiner Moved to continue to
November 26, 1991
Agenda, 3:00 P.M. Session.Page 12
CITY COUNCIL MINUTES NOVEMBER 12, 1991
303
9. LEGAL AFFAIRS (Continued)
9.6 RESOLUTION NO. 7903
A Resolution of the City Council of the city of orange ordering
territory designated as Annexation No. 393 be annexed to the city of
Orange subject to an election to be held April 14, 1992.
A3100.0)
Unincorporated territory located generally north of Fairhaven Avenue
and west of Prospect st.)
MOTION - Spurgeon SECOND -
Coontz AYES - Barrera,
Mayor Beyer, Coontz, spurgeon ABSENT - Steiner Moved
to continue to
November 26, 1991 Agenda, 3:00 P.M. Agenda 9.7 RESOLUTION NO.
7904 A Resolution of the
City Council of the City of Orange ordering territory designated as Annexation
No. 394 be annexed to the city of Orange subject to an
election to be held April 14, 1992.A3100.0)Unincorporated territory
located generally
north of Fairhaven Avenue and east of Prospect
st.)MOTION - Coontz SECOND - Spurgeon
AYES - Barrera, Mayor
Beyer, coontz, spurgeon
ABSENT - steiner Moved to continue to November
26, 1991 Agenda,
3:00 P.M. Agenda.9.8 RESOLUTION NO. 7905 A Resolution of
the city Council of the
policy guidelines for the use of public finance
public facilities.city of Orange adopting financing
mechanisms to TIIOO.
0.2)MOTION - Coontz
SECOND - Barrera AYES -
Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT -
steiner Moved to
continue Resolution No. 7905 to no date
certain.Page 13
J 04
CITY COUNCIL MINUTES NOVEMBER 12, 1991
9. LEGAL AFFAIRS (Continued)
9.9 RESOLUTION NO. 7906
Approving the reclassification of one Administrative Analyst I/II
position, Range 436 ($3138-4024) in the Community Services
Department to community Services Manager, Range 487 ($4047-
5189) effective November 4, 1991, and directing staff to amend the
Budget and position Control System to reflect
these changes.Discussion: council inquired about budgetary effects.
The city Manager reported this individual will receive a 5% raise, but
will be done within the overall budget of the department. The
other position is being abolished and no more positions will
be added.MOTION -
Coontz SECOND - Barrera
AYES - Barrera, Mayor Beyer, Coontz, spurgeon ABSENT -
steiner That Resolution
No. 7906 as introduced be adopted and same was passed and adopted
by the preceding vote.10. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.ORAL
PRESENTATIONS - None J 12. RECESSED
AND
COUNCIL RECONVENED AT THE 7:00 P.M. SESSION MOTION - Mayor Beyer
SECOND - Barrera AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - steiner The city Council recessed
to a Closed
Session at 4:15 P.M. for the following purposes:a. To confer with its
attorney regarding
pending litigation pursuant to Government Code Section 54956.9(
a), to wit:Structural Steel Fabricators vs. citv of Oranae,
orange county superior Court Case No. 60 74 97,
4th civ. Case No. G010153.Thriftv oil vs. citv of Oranae, orange
County superior Court Case No. 64 42 96.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.Page 14
305
CITY COUNCIL MINUTES NOVEMBER 12, 1991
7:00 P.M. SESSION
13.INVOCATION - Father Philip schuyler, Church of st. Mary Magdalene
13.
1 PLEDGE ALLEGIANCE TO THE FLAG 14.
PUBLIC HEARINGS TAPE
2155 A4000.
0)APPEAL
NO. 377. CONDITIONAL USE PERMIT NO. 1850-90. MAYOR
BEYER:
14.1
Time set for a public hearing on petition by Mayor Beyer to appeal
the decision of the Zoning Administrator on June 14, 1990 to approve
Conditional Use Permit 1850-90, applicant, Thrifty oil Company,
which will allow the renovation and conversion of an existing
service station to be used as a mini-market and to allow the retail
sale of beer and wine in conjunction with the sale of motor
fuel. Subject property is classified O-P (Commercial-
Professional), with a general plan land use designation of General Commercial.
It is located at the northwest corner of Katella Avenue and
Cambridge Street (
825 E.Katella Avenue).This project is categorically exempt
from environmental review per
CEQA Guidelines, section 15301.THE APPELLANT STATES THE
FOLLOWING REASONS FOR APPEAL:The Council in the past has expressed concerns
regarding the sale of beer and wine in conjunction with the sale
of motor vehicle fuel.Staff has already been directed to
draft an ordinance amendment,which would enable the City Council to be the
final approval body for such items. This application merits review
by the City Council."NOTE: Joshua Kaplan, Attorney for the
Applicant, has requested a continuance
to January 14, 1992.Mayor Beyer recognized Joshua Kaplan, Attorney
for the applicant, who commented the Superior Court set aside the City
Council's denial of the application, sustaining Mr. Beyer's
appeal, and remanded the matter back to the Council for a rehearing. This
occurred on July 8,1991 and the Superior Court ordered this matter
be heard upon proper notice to the petitioner. Mr.
Kaplan waited until approximately August 5th, and inquired in writing when the
matter would be set,with no response. He inquired again in writing
on September 19th as to when the matter might be set. He
received a letter dated September 26th advising that it looked like it
might be set for November 12th but that he should await
getting formal notice because that date was not yet finalized. 35 days
later he received the notice that the matter was set today, giving us
8 working days
notice of this hearing.He sent two letters, one to the City Attorney and
one to the city Clerk's office previously which requested this
matter be continued to the first available date due to the fact we do
not believe that when the city knew for approximately four months that
it was
306
CITY COUNCIL MINUTES NOVEMBER 12, 1991
14. PUBLIC HEARINGS (Continued)
Superior Court to hold a hearing on this matter that it
give us 8 days notice of when the hearing will happen.
had sufficient opportunity to prepare for this hearing.
indicated he was unavailable due to court appearances.
is fair to
He has not
Mr. Kaplan
The City Attorney reported his office understood Special Counsel had
cleared the November 12th date, however it was learned subsequently
the date had not necessarily been agreed to by all parties. It is
recommended the hearing be continued to January 14, 1992, which is
the first available date Council has in 1992.
MOTION
SECOND
AYES
ABSENT
Mayor Beyer Coontz
Barrera, Mayor
Beyer, Coontz, Spurgeon Steiner Moved to
continue this
item to January 14, 1992.TAPE 2396 R3500.0)
14.2
JOINT PUBLIC
HEARING. ANNUAL MEETING OF THE ORANGE REDEVELOPMENT AGENCY:Time set
for a
pUblic hearing regarding the Orange Redevelopment Agency's Annual Meeting.
MAYOR BEYER OPENED THE
JOINT PUBLIC HEARING.The Administrator of the
Economic Development Division presented the annual report outlining the
statement of accomplishments and future goals. It was emphasized
the increased activity in the area of affordable housing.Mayor Beyer
complemented the
staff of the Economic Development Division on their AnnualReportcompletedinanexcellent,professional manner. The report
generated compliments from the City of Anaheim, that they
wished they could do things in their Redevelopment Program similar to
what Orange has done on Tustin Street to help improve
businesses.Barbara DeNiro, 1118 E.
Adams, regarding Tustin Street Redevelopment area was initially started
to help the Mall of Orange, and so far it has not been too
successful in drawing big business. Concern was expressed where the money
was coming from, especially in these recessionary times and if
Council is being frugal.THERE BEING NO FURTHER
SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.Page 16
CITY COUNCIL MINUTES NOVEMBER 12, 1991
307
14. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 7901
A Resolution of the city Council of the city of Orange receiving the
Annual Report of the Orange Redevelopment Agency.
MOTION - Barrera SECOND -
Spurgeon AYES - Barrera,
Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner That
Resolution No. 7901
as introduced be adopted and same was passed and adopted by the
preceding vote.15. PLANNING AND ENVIRONMENT -
None 16. REPORTS FROM COUNCILMEMBERS - None
17. ORAL PRESENTATIONS John Dulebohn, 185
N. McPherson, who
lives across the street from the Resource Center, complained about trash collecting
around the area,people living in their cars, cars
parked illegally, and people repairing cars. Mr. Dulebohn.felt the
Resource Center was helping 95% of the people, however the
other 5% were causing these problems.It was suggested hiring some of
the workers to keep the area clean.Limited parking would take care of
some of the problems.Council discussed the fact that people
have kicked a hole in the corner of the north fence in
the area and they need a gate in the back of the stone wall for
safety reasons. However, this is private property. The manager of the Resource
Center is trying to instill a sense of pride in all the
people using the center to keep it litter free.Mayor Beyer instructed the City
Manager
to investigate the matter.Maxine Quirk, 331 N. Olive, spoke
on what it is like to be homeless and requested Council seek better solutions
to this problem.Mayor Beyer commented st. Vincent De
Paul is trying to find a solution for the homeless people. In
the winter they can now go to Fullerton to the Armory for shelter.
Page 17
308
CITY COUNCIL MINUTES NOVEMBER 12, 1991
18. ADJOURNMENT
MOTION - Mayor Beyer SECOND -
Barrera AYES - Barrera,
Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner Movedtoadjournat
7:45 P.M. to a Closed Session, Nove::,er 19, 1991 at 1:30 P.M.4A~&?4?'~rotA ILYN
J. S C.. CITY CLERK GENE BEYER lAYOR BY~~.-,ED
BARRERA, MAYOR
PRO
TEM
Page
18