04-23-1996 Council Minutesn_-' ~,.\ n",J.'\.i. n_n::'="
V
CITY
COUNCIL MINUTES OF
A REGULAR MEETING ORANGE,
CALIFORNIA April
23, 1996 The
City Council of the City of Orange, California convened on April 23, 1996 at 4:30 P.M. in a Regular
Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.4:
30 P.M. SESSION 1.
OPENING 1.
1PLEDGE OF ALLEGIANCE TO THE FLAG Led
by Girl Scout Troop 755 1.
2 ROLL CALL PRESENT -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None
1.3 APPROVAL
OF MINUTES Regular Meeting - April
9, 1996 MOTION - Barrera SECOND - Slater
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater ACTION: Approved with corrections.Adjourned Regular Meeting -
April 16, 1996 MOTION -
Barrera SECOND - Slater AYES - Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
ACTION: Approved with
corrections.1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS The City
Manager announced that the
purpose of Cablevision of Orange
taping the meeting is to test for sound, camera angles and lighting. The
purchase of equipment and cable casting of the meetings will begin within the next few
months.Resolution No. 8604 was presented to Ralph D. Patterson of the
Orange Fire Department commending him for more than thirty-four years ofloyal and dedicated
service.Resolution No. 8605 was presented to Larry Wampler of the
Orange Fire Department commending him for more than twenty-eight years ofIoyal and
dedicated service.PAGEl r ---
CITY COUNCIL MINUTES April 23, 1996
1.4 PRESENTATIONS/ANNOUNCEMENTSIINTRODUCTIONS (Continued)
National Arbor Day's Tree City USA Award to the City of Orange was presented by Ken
Pemrod, Area Service Forester for the Department of Forestry and Fire Protection in
Riverside.
A Certificate of Recognition was presented to Bruce Thomas, representing Kaiser
Permanente Healthcare Agency, winner of the State of California Waste Reduction Award
Program, 1995.
1.5 PROCLAMATIONS
A Proclamation honoring the Orange Art Association was accepted by Ruth Harmon,
President
Proclamations were presented to Diane Hornsby, CPS, Diana Laboissonniere, CPS, and
Pat Schultz, CPS, honoring Professional Secretaries Week, April 22 through April 26,
1996.
2.CONSENT CALENDAR Tape 700
2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda
of a regular meeting of April 23, 1996 at Orange Civic Center, Main Library, Police
facility at 1107 North Batavia, Eisenhower Park Bulletin Board and a summary televised
on Cablevision of Orange; 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 Council confirmation of warrant registers dated April 5 and 9, 1996.
ACTION: Approved.
AGREEMENTS
2.3 Request Council authorize the extension of the agreement for Paramedic and Emergency
Medical Transportation billing services with Advanced Billing Concepts.
FISCAL IMPACT: This action will continue the current practice of paying Advanced
Billing Concepts at the rate of6.5% of all funds collected.
Discussion: The City Manager recommended the item be continued.
ACTION: Continued.
PAGE 2
r-r--
CITY COUNCIL MINUTES April 23, 1996
2. CONSENT CALENDAR (Continued)
BIDS
2.4 Request Council award Bid No. 956-31 to Roy Allan Slurry Seal, Inc., 11922
Bloomfield Ave., Santa Fe Springs, CA 90670, in the amount of $206,236.18, and
appropriate 46,000.00 to Account No. 590-5013-483300-
3123. (A2100.0 AGR-2590)FISCAL IMPACT: Sufficient funds are budgeted
in Account Nos. 262-5021-483300 -160,236.18 (Measure M Funds). An
additional appropriation is requested from Account No. 590-5013-
483300-3123 - $46,000.00 (Assessment District 86-1).ACTION: Authorized Mayor and
City Clerk to execute on behalf of the City.2.5 Request Council approve
plans, specifications and authorize advertising for bids for the construction of
storm drains at the following locations: (C2500.M.
17)Batavia Street from Walnut Avenue to Angus Avenue.Maple Avenue from
Batavia Street to 1200 feet East (catch basins
only)Walnut Avenue from Hewes
Street to Hamlin Street Meats Avenue at
Featherhill Drive Newport Blvd. at Canyon View (trench recompaction).FISCAL IMPACT: Funds in the amount
of$452,
340 are budgeted in 1995/96 Budget.ACTION: Approved.2.6 Request from the Fire Department
for Council approval to waive formal bid in accordance with Orange Municipal Code
Section 3.08.140(e) "Exceptions to Competitive Bidding Requirements" and negotiate a
contract with Scott Aviation as sole source vendor for purchase of Self Contained Breathing
Apparatus in an
amount not to exceed $245,000.A2100.0 AGR-2591)FISCAL IMPACT: This purchase
has been approved in the 1995/96 Budget, Fund No.
120-
3021-485100-2509, Self Contained Breathing Apparatus for the purchase of this equipment.Discussion: Barbara
DeNiro, 1118 E. Adams, questioned if$245,000 is for one unit or
more, how many are there now and how many does the City
need?The Acting Fire Chief responded that the department has approximately 50 breathing apparatus units
at this time. This purchase will allow for replacement of those units with
up-to-
date equipment,
and
CITY COUNCIL MINUTES April 23, 1996
2. CONSENT CALENDAR (Continued)
CITIZEN PARTICIPATION PLAN
2.7 Request Council approve a Citizen Participation Plan for Federal Entitlement Programs
including the Community Development Block Grant Program and Home Investment
Partnerships Act Program. (C2500.G)
FISCAL IMPACT: None.
Discussion: Barbara DeNiro, 1118 E. Adams, questioned the low and middle income and
the description of blighted area?
The Director of Community Development explained that low/ moderate and medium
income and blight are definitions dictated by the federal government as it relates to the
Community Development Block Grant Programs. Mrs. DeNiro was invited to discuss the
issue further with the Director of Community Development.
ACTION: Received and Filed.
CLAIMS
2.8 Application to file late Claims: (C3200.0)
FISCAL IMPACT: None.
ACTION: Denied applications ofM. Gelbhar and N. Cutchin for permission to file late
claims and referred to City Attorney and Adjuster.
CONTRACTS
2.9 Request Council approve a final contract change order in the amount of $11,798.88 for
Bid No. 956-04, R & L Sewers, Inc. for work that has been completed. (A2100.0
AGR-
2495)FISCAL IMPACT: Sufficient funds are budgeted in the following
accounts:310-6057-473400-
1810 (Batavia Storm Drain)
310-6055-473400-1811 (
Main Storm
Drain)310-6056-
473400-1811 (Main
Storm Drain)530-
5011-483400-5001 (
Undesignated)2,
293.80 1,493.05 5,467.09 2,544.94 ACTION: Approved.2.10 Request
Council award a Design Contract for the Chapman Avenue and The City Drive
Critical Intersection Improvement Project to Joseph C. Truxaw and
Associates, Inc.
in an
CITY COUNCIL MINUTES
2. CONSENT CALENDAR (Continued)
April 23, 1996
FISCAL IMPACT: Funds are budgeted in the following Capital Improvement Program
accounts:
262-5011-48300-3235 (Measure
M Traf Impv.)550-5011-
48330-3235 (Measure M.PW.
Impv.)284-
5011-483300-
3235 (TSIP
B W.Orange)45,000 24,000 65,000 ACTION: Authorized the Mayor and
City
Clerk to execute on behalf
of the City RESOLUTIONS 2.11 RESOLUTION NO. 8610 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 bingo games upon property situated on
the south side of Kat ell a Avenue between Glassell and
Batavia Streets (548 W. Katella Avenue). (C3300.0 CUP-2134-
95)Conditional Use Permit 2134-95, Name of Applicant: OUSD School Pride Discussion:
Barbara DeNiro, 1118 E. Adams, asked if the resolution needed to include the fact that other groups
are
going to use the facilities, and is the air filtering system required.
The Director of Community Development indicated there is a provision within the resolution that allows
other groups to use the facility.
The air
filtering system is a requirement
and will be complied with.ACTION: Approved.2.12 RESOLUTION NO. 8612 A Resolution of the
City Council of the City of Orange finally accepting the completion of a certain
public work and improvement; Bid No. 956-04; D-117; R & L
Sewers, Inc.;Batavia
Street, Main
Street, Citrus Street and Sycamore/
Santiago Blvd. storm drain.A2100.0 AGR-2495)ACTION: Approved.2.13 RESOLUTION NO. 8613
A Resolution of the City Council ofthe City of Orange making certain
frndings that the use of taxes allocated from the Third Amendment to the Southwest
Redevelopment Project Area outside of the Third Amendment Area for the purpose
oflow and
moderate
income housing
CITY COUNCIL MINUTES
April 23, 1996
2. CONSENT CALENDAR (Continued)
2.14 RESOLUTION NO. 8614
A Resolution of the City Council of the City of Orange authorizing and consenting to aJointPublicHearingoftheCityCouncilandtheOrangeRedevelopmentAgencywith
respect to the proposed Third Amendment to the Southwest Redevelopment Plan.R3500.0.6)
ACTION: Approved.
2.15 RESOLUTION NO. 8615
A Resolution of the City Council of the City of Orange expressing appreciation to CityAttorneyRobertO. Franks for loyal and dedicated service to the City of Orange.C2500.B)
ACTION: Approved.
2.16 RESOLUTION NO. 8616
A Resolution of the City Council of the City of Orange reciting the fact of the PrimaryMunicipalElectionheldonMarch26, 1996, declaring the result and such other matters asprovidedbylaw. (El100.0)
ACTION: Approved.
URGENT REQUEST - ITEM 2.17 MOTION -
Slater SECOND - Barrera
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that the need
to discuss the item arose after the posting of the agenda and add Item 2.17 totheConsentCalendar.2.17 Request Council
approve a temporary suspension of permit parking restrictions within Permit Parking 'A' (downtownresidentialarea) on Saturday, May 4th and Sunday, May 5th, 1996 for thescheduledGoghVanOrangeevent, in order to prevent a probable parking hardship within theneighborhoodMOTION - Murphy SECOND - Barrera
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater ACTION: Approved.PAGEl I--r-u-
RESOLUTION NO. 8616
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RECITING THE FACT OF THE
PRIMARY MUNICIPAL ELECTION HELD ON
MARCH 26, 1996, DECLARING THE RESULT AND
SUCH OTHER MA TIERS AS PROVIDED BY LAW.
WHEREAS, a Primary Election was held and conducted in the City of Orange on
Tuesday, March 26, 1996, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided
by law; that voting precincts were properly established; that election officers were
appointed and that in all respects the election was held and conducted and the votes were
cast, received and canvassed and the returns made and declared in time, form and manner
as required by the provisions of the Elections Code of the State of California for the
holding of elections in General Law Cities; and
WHEREAS, pursuant to Resolution No. 8556 adopted November 28, 1996, the
County Election Department canvassed the returns of the election and has certified the
results to this City Council, the results are received, attached, and made a part hereof as
Exhibit A".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange, California does resolve, declare, determine, and order as follows:
SECTION I:
That the whole nwuber of votes cast in the City including absent voter ballots was
24,300.
That the measures voted upon at the election are as follows:
HH Shall the office of City Treasurer be appointive?
II Shall the office of City Clerk be appointive?
SECTION II:
That the nwuber of votes given at each precinct for and against the measures were as
listed in Exhibit "A" attached.
I'
SECTION III:
That as a result of the election (i) the measure relating to the appointment of the City
Treasurer did not cany and shall not be deemed adopted and ratified; and (ii) the measure
relating to the appointment of the City Clerk did not cany and shall not be deemed adopted
and ratified.
SECTION IV:
The City Clerk shall enter on the records of the City Council of the City, a statement
of the result of the election, showing: 1) The whole number of votes cast in the City; 2)
The measures voted upon; 3) The number of votes given for and against each measure.
SECTION V:
That the City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions.
ADOPTED this 23rd day of April 1996.
ORIGINAL SIGNED BY
JOANNE COOfiTZ
Mayor Joanne Coontz
ATTEST:
C """'"'I~'fJ L C'l''''~''''''l myT\: ._~, "
1 .,...~ '.J:. .... '. ',; ". -I,.,' _.... ',- .,..1 ,,!
0;"; ~ '" -1 ,"...-I},-"). 1.""-" .......CA5S~J~OBA
J. CATHCART City Clerk of
the City of Orange I hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 23 rd day of April , 1996, by
the following vote:AYES: COUNCIL MEMBERS: ~
lurphy,Barrera,Mayor Coontz,Spurgeon,Slater NOES: COUNCIL MEMBERS:
NONE BSENT: COUNCIL MEMBERS:
NONE ORIGINAL SIGt,!ED
BY CA~SANDRAJ.CATHCART
City Clerk of
the City of Orange Reso.No.8616
2-ROF:ajj
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CERTIFICATE OF REGISTRAR OF VOTERS TO RESULt:,
OF THE CANVASS OF THE ELECTION RETURNS '"
STATE OF CALIFORNIA)
ss.
COUNTY OF ORANGE )
1, Rosalyn Lever, Registrar of Voters of Orange County, do hereby certify
the following to be a full, true and correct Statement of the Vote for the
election listed below, consolidated with the Primary Election held on March, 26
1996.
CITY OF ORANGE MUNICIPAL ELECTION
MEASURE HH
YES 8,730
NO 12,428
MEASURE II
YES 9,091
NO 12,018
PRECINCT BALLOTS CAST:
ABSENTEE BALLOTS CAST:
TOTAL BALLOTS CAST:
17,718
6,582
24,300
I hereby certify that the number of votes cast is as set forth above and
appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 11th day of April, 1996.
7 /~
b~..
c~z-<1. '..
j....... ~.
ROSALYN
LEVER
Registrar of
Voters Orange County
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PRIMARY BLBCTION, MARCH 26, 1996
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CITY COUNCIL MINUTES April 23, 1996
2. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Item No. 2.
3 was removed from the agenda. Item Nos. ,2.6,2.7, and 2.11 were removed and heard separately.
Item No. 2.17 was added as an Urgent Item. All other items on the Consent Calendar were
approved as recommended. (S4000. S.3.1.1)END OFCONSENT
CALENDAR 3. REPORTS FROM
MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS Tape 879 5.1 Reappoint the following
Planning Commissioners, term to expire April 30, 2000:C2500.G.2.5.1)
Randy Bosch, Teresa Smith and
Ben Pruett Mayor Coontz reported the term
of Randy Bosch will not be considered at this time, indicating his term will not expire until
December, 1996.MOTION SECOND AYES Barrera Spurgeon
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater Moved
to reappoint Teresa Smith and Ben Pruett
to the Planning Commission and letters of appreciation be sent on behalf of the Council.
6.ADMINISTRATIVE REPORTS Tape 912 6.1 Treasurer'
s Report - March, 1996 (C2500.
F)The Finance Directorreported the invested balance for March 31,
1996 was $107.3 million, a decrease of $2. 7 million fromthe prior month.
The decrease was due because of two large semi-annual debt service payments made on behalf of the
Redevelopment Agency. March and November had lower invested balances due to semi-annual
property tax payments being received in the following month. As of the end
March, the Local Agency Investment Fund balance was 2.6 million. The portfolio yield maturity is
2.05 years, and the market value is 98.65% of book value, slightly down from February.PAGE 7 1--
CITY COUNCIL MINUTES April 23, 1996
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Murphy
Spurgeon Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
accept the report.7.REPORTS
FROM CITY MANAGER Tape 1000 7.1
Report on the County of Orange's Bankruptcy Plan of Adjustment and consideration by
the Council to vote in favor or in opposition to the Plan. (C2500.F)The Assistant
City Attorney reported that the vote will be on a plan of adjustment the County proposes to
file which will bring it out of its bankruptcy. The plan of adjustment is the how,when, and
how much creditors get paid. The City has claims in various classes, and is required to vote in
each class. One class of claims is presently in dispute, and it's estimated that approximately $134,
000 could be in this classification. The cities' subcommittee and its counsel has recommended
delay of the voting as long as possible, however, the votes must be in by April 29th. It
was recommended to wait and see if anything happens within the next 24 hours.The following
three alternatives were explained: 1) The Council and Redevelopment Agency can vote yes
on all classes of claims; 2) the city could vote yes on all classes of claims that are covered by
the joint agreement which the City Council recently approved and vote no on the class of claim
where the claims are in dispute; and 3) the City can vote yes if a resolution is not reached by tomorrow,
on all classes of claims covered by the Joint Agreement, and authorize the City Manager to
vote as appropriate on the remaining disputed class. This would enable the City to wait until
April 29th to see if a stipulation could be reached between the Cities and the County as to the
last class of claims.The Assistant
City Attorney explained if the claims are treated in the B-26 category, they would be
paid in full. However, if the claims are treated in the B-27 category, only 52.4% would be
received. These two categories are in different classes of claims. He indicated the B-27
class vote would reserve the right of the City to claim that the claims in dispute are in B-
26, however,to the extent the County takes the position that the claims are in the B-27 category,
then the
vote is no.The Assistant City Attorney reported that the cities' subcommittee represents the
interest of the municipalities and the subcommittee's are represented by Paul Glassman,
a bankruptcy attorney.He represents the City of Orange and his recommendations are based on
his conversation with Mr. Glassman and his review
of
the
Plan.
MOTION SECOND
AYES Barrera
Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Moved to continue this issue to April 24, 1996 Adjourned Regular Meeting, 4:30 p.m. Session.
PAGES
r~-
CITY COUNCIL MINUTES April 23, 1996
7. REPORTS FROM CITY MANAGER (Continued)
7.2 Report on the Management Information System Computer Phased ImplementationPlanrelativetoexistingandproposedbudget. (C2500.J.2)
MOTION - Spurgeon SECOND -
Coontz AYES - Barrera,
Mayor Coontz, Spurgeon, Slater ABSTAINED - Murphy Moved
to continue this
item to May 14, 1996 Council meeting.8. LEGAL AFFAIRS 8.
1 ORDINANCE NO.
12-96 An Ordinance of
the City Council of the City of Orange amending Section 2.50.020 of the Orange Municipal Code relatingtodutiesoftheInvestmentOversightCommittee. (A2500.0)MOTION SECOND AYES
Barrera
Murphy
Murphy,
Barrera, Mayor
Coontz,
Spurgeon, Slater Moved that Ordinance No. 12-
96 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.9. RECESS TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole
Walters, 534 N.
Shaffer, asked why the Investment Officer position wasn't considered before Measures HH and
II were placed on the March 26th baIlot.The City Manager responded
it was Council's desire to give Orange citizens another opportunity,to vote on theissue, in view of the bankruptcy.Sandy Garcia, 4625 E.
Walnut, expressed concern with graffiti, loitering, and overgrown weeds on Agency-owned property
in her neighborhood.The Housing Rehabilitation
Manager, indicated a public hearing has been scheduled for May 14,1996 for the
sale of the property. Measures have been taken to have the lawn mowed. Ms.Garcia was asked
to remove her horses from the property due to liability issues, acknowledging that Ms. Garciahadbeenmaintainingtheproperty.Mayor Coontz requested
that staff follow through with maintaining the property until escrow closes.PAGES I -~
r--- ------ -
CITY COUNCIL MINUTES April 23, 1996
11. RECESS
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Murphy The City
Council recessed to a Closed Session at 5:45 p.m. to discuss the items listed on the agenda, Item
a was deleted.The City
Council will recess to a Closed Session for the following purposes:a. Conference
with Legal Counsel - anticipated litigation.Initiation of litigation
pursuant to Government Code Section 54956.9(c) (one potential case).b. Conference with
Labor Negotiator pursuant to Government Code Section 54957.6:City Negotiator: Personnel
Director.Employee Organization: All
Employee Organizations (List Available in Personnel Office).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 12.1 INVOCATION
Mim Krisher, Member
of the Senior Citizens Center 12.2 PLEDGE
OF ALLEGIANCE TO THE FLAG Led by Councilman
Spurgeon 12.3 ANNOUNCEMENTS -
None 12.4 INTRODUCTIONS - None
12.5 PROCLAMATIONS - None 12.
6 PRESENTATIONS - None PAGE 10
I-II
CITY COUNCIL MINUTES April 23, 1996
13.PUBLIC HEARINGS Tape 2190
13.1 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND HOME INVESTMENT PARTNERSHIPS ACT PROGRAM, CITY OF
ORANGE:Time set for a public hearing on petition by the City of Orange to consider
funding recommendations regarding the City of Orange 1996-97 Community Development
Block Grant CDBG) Program and the HOME Program. The City is proposing to
allocate approximately 1,506,000 of 1996-97 CDBG funding and $224,000 of carryover CDBG funding to
a variety of community development activities. Also proposed is approximately $400,
000 in Home Investment Partnerships Act funding be allocated for
rental rehabilitation activities.C2500.
G.1.3)The Housing Rehabilitation Manager gave an overview of the Program, indicating
that within the next few days the City wilI know how much funding will be provided by HUD.
The process to determine funding requires the Committee review numerous applications, as
well as hear presentations from non-profit agencies and City departments. Ms.
Laster introduced and thanked
members of the Committee.According to guidelines set by the Department of Housing and Urban
Development, no more than 15% of funds can be spent annually for a public service activity; no
more than 20% for administration costs; and the balance is allocated for bricks and mortar
type activities. If agencies apply for funding more than more year in a row, they are not always
recommended for funding, in order to eliminate the possibility of agencies becoming dependent on the
City and not self-sufficient. Requests currently exceed $3 million, and it is anticipated only $1,
730,000 will be received from HUD. Non-profit agencies located in Orange that may
assist the entire county, will only be funded the portion of money
necessary to assist Orange
residents.1996/97
Funding RequestsREOUESTINGAGENCIESFUNDINGRECOMMENDA
nON
CITY DEPARTMENTS
AMOUNT OF REOUEST Community Development
Administration and Contingency 283,608 Fair RonsingCOlmcil (
Fair Ronsing
Program)17,592 Community Senices
Graffitti Removal Program 40,000 Prospect Schoo\lKilleferlE1
Camino
Park Community 37,000 Program Partners in Reading
Adult Literacy Program 20,000 Restoration of Public Restroorns at
Main Library (
ADA)75,
000 PAGE
11 183,
608 17,
592
26,000
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
Fire
Fire Prevention Specialist-Code Enforcement! Public
Education Police - Footbeat Officer
Public Works
ADA Improvements - Curb Ramps (various locations)Sewer
Replacement (Shaffer Street)Sewer
Replacement (Main Street)Storm
Drain Construction (Palm Avenue/Orange St. to Center St.)Storm
Drain Construction (Palm Avenue and Glassell Street)Street
Light Construction (Orange/Grand Sts. & Palmyra/Culver Aves.)Street
Reconstruction (Cherry Drive & Emerald Drive)Street
Reconstruction (Adams Avenue)Street
Reconstruction (Lime Street)Street
Rehabilitation (Oak Street)Street
Rehabilitation (Wayfield Street)Street
Rehabilitation (Mt. Vernon Avenue)Street
Rehabilitation (Park Lane)Street
Reconstruction (Martha Avenue)Street
Rehabilitation (Maple Avenue)Street
Rehabilitation (Olympia Street)Street
Rehabilitation (Vine Avenue)Waterline
Replacement (Highland St., Adams and Taft Aves.)Subtotal
NON-
PROFIT AGENCIES
Assessment and Treatment Senices Center
Youth COWlseling
Assistance League of Orange
Dental Health Center
April 23, 1996
67,168 60,000
73,343 60,000
230,000 230,000
231,800 231,800
319,500 319,500
126,200 126,200
211,200 211,200
100,000 -0-
124,000 53,400
115,000 ..0-
35,000 "44,530
98,000 ..0-
98,000 -0-
37,500 -0-
48,700 -0-
34,500 -0-
54,600 -0-
38,100 -0-
41,900 -0-
255000 -0-
2812.711 $1.675.830
8,800 4,420
6,351 4,000
PAGE 12
CITY COUNCIL MINUTES April 23, 1996
13. PUBLIC HEARINGS (Continued)
Community Service Programs, IDe.
CSPlDrug Cow1 Clinic Orange COWlty 7,486 .7,480
Council of Orange County Society of St. Vincent De Paul
Friends Outside At-risk Youth 12,500 -<l-
Dayle McIntosh Center for the Disabled
Emergency Shelter Program 8,238 -<J-Episcopal
Senice Alliance Day
Activity Center 20,000 -<J-BeaconHouse -
Administration 20,000 -<J-Martha House - Administration20,
000 -<J-Food Distribution Center Purchase & Installationof
a Motorized Conveyor
Belt & Scale 16,331 .13,500 Helping Our Mentally 1lI Experience Success (
RO.M.E.S.)Esplanade Home Rehabilitation 4,286 4,
280 Riley House Rehabilitation 985 990The
John Henry Foundation Structural & Property
Maintenance for Three Group
Homes 10,000 -<J-Lampson Elementary School Heart to HeartProgram -
Family Resource Center
12,000 -<J-Lestonnac Free Clinic Expansion of Diabetes Awareness Program77,
616 -<J-Mariposa
Women's Center The Mariposa Parenting Education Program5,
000 -<l-Mental Health
Association of Orange County Renew Outreach (City of Orange
Phase) 19,525 -<J-Olive Crest
Homes and Services for Abused Children Refurbishment of GroupHomes
12,000 6,000 Orange Children & Parents Together,
Inc.Study Club 11,805 -<J-PAGE 13
CITY COUNCIL MINUTES April 23, 1996
13. PUBLIC HEARINGS (Continued)
Orange County Council on Aging
Long Term Care Ombudsman Service 5,000 5,000
Orange County Homeless Issues Task Force (OClllTF)
OCHlTF Community Education & Awareness Program, Interfaith
Shelter Network, and Orange County Employment Action Network
7,500 J-Orangewood
Children's Foundation OIl
My Own" Emancipation Program 20,000 J-OrangeYMCA
Urban Peace
Corps 4,250 4,000 STOP-GAP
Life
Journeys Workshop for Seniors 4,500 4,500 YMCA
of Orange County Community Counseling Services Home
Environment Learning Program (HELP)17,589 0-Subtotal
S331.762 S54.170 GRAND
TOTAL S3.144.473 SI.730.000 Indicates
Public Service Activities totaling cap of$225,900 Original
request was underestimate MAYOR
COONTZ OPENED THE PUBLIC HEARING.The
following individuals expressed their appreciation to Council and the CDBG Program Committee
for providing funding to their agencies:Suzanne
Counts, 247 S. Rosalind Drive, representing the Assistance League of Orange.Barbara
Filippone, 16842 Von Karman, Irvine, representing Community Service Program (CSP),Inc.
She spoke also on behalf of Judge David McKeck of the Superior Court by extending a personal
invitation to Council to attend a session of the drug court in Santa Ana.Melinda
Guinaldo, 781 N. Carhart Avenue, Fullerton, Executive Director of Assessment and Treatment
Services Center.Henry
Lamb, 777 So. Main, presented information to the Council on the Friends Outside Program,
ajob opportunity program for at-risk youth and ex-offenders. Mr. Lamb requested
that Friends Outside be considered if contingency funds are available at a later
time.PAGE
CITY COUNCIL MINUTES
April 23, 1996
13. PUBLIC HEARINGS (Continued)
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLICHEARING.
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
approve the proposed City of Orange 1996-97 Community Development Block Grant CDBG) Program as detailed on Attachment 1.MOTION
SECOND
AYES
Spurgeon
Murphy Murphy,
Barrera,
Mayor Coontz, Spurgeon, Slater Moved to authorize
staff to request and receive $1,506,000 in 1996-97 CDBG funding from the United StatesDepartmentofHousingandUrbanDevelopment, and reallocate carryover from prior yearsintheamountof $224,000 for a total Fiscal Year 1996-97 budget of$I,730,000.MOTION
SECOND
AYES
Spurgeon
Murphy Murphy,
Barrera,
Mayor Coontz, Spurgeon, Slater Moved to authorize
staff to request and receive $400,000 in the 1996-97 HOME Investment Partnerships ActfundingfromtheUnitedStatesDepartmentofHousingandUrbanDevelopmentforFiscalYear1996-97.NOTE:
Item 13.3was heard before Item 13.2 to allow additional time for a video presentation by theappellant.13.
3 CONDITIONAL USE PERMIT 2139-95, VARIANCE 1008-95, STEVE
LORITZ:Tape2800TimesetforapublichearingonpetitionbySteveLoritztoconsiderConditionalUsePermit2139-95 to aIlow construction ofan accessory second housing unit and Variance No. 1008-95 to allow the accessory second unit and the total area of all accessory structurestoexceedthemaximumsquarefootageallowedbycode. The project is located at 6909EastOakLane.
C3300.0 CUP-2139-95)NOTE: This project is categorically exempt from theprovisionsoftheCaliforniaEnvironmentalQualityActper
State CEQA Guildelines Section 15303.The Director of Community Development reported the property islocatedintheOrangeParkAcresarea, a 1 1/2 acre parcel on the north side of Oak Lane, whichisaprivatestreet. The zoning of the area is R-I-40, one acre lots. He referred toanExhibitofthesiteplanandelevationsoftheaccessorystructure. A garage stablestoragebuildingwasproposedtobebuiltatonetimeontheproperty. The accessory second unit is 2900 sq.
ft. and
CITY COUNCIL MINUTES April 23, 1996
13. PUBLIC HEARINGS (Continued)
size of an accessory structure. Accessory structures are allowed to be 50% of the size of the
primary structure on the lot. The owner intends to use the accessory structure as a residence
while he's reconstructing the primary residence. The accessory second unit is 798 sq. ft.and the
residential portion is about 900 sq. ft. The garage stable and storage areas take up a large
majority of the 2900 sq. ft. The second unit will be allowed to be used as a rental; one of the
residential units will be owner occupied, as required by state law.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Bob Bennyhoff, 10642 Morada Drive, stated that the Orange Park Acres Homeowners
Association has studied and approved the project.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Murphy Slater
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that the
project is categorically exempt from the provisions of the California Environmental Quality Act
per State CEQA Guidelines Section 15303.MOTION SECOND AYES
Murphy
Slater
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to approve Conditional Use
Permit 2139-95 as outlined in Planning Commission Resolution No. PC-6-
96.MOTION SECOND
AYES
Murphy
Slater
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to approve Variance No.
2008-95 as outlined in Planning Commission Resolution No.PC-7-96.13.
2
APPEAL NO. 428, MINOR SITE PLAN REVIEW 3-95, TONY ALVES: Tape 3100 Tinle
set for a public hearing to consider an appeal of the Planning Commission's decision to uphold
the Staff Review Committee's approval of the Minor Site Plan Review No. 3-95 aIlowing
construction and operation of a minor auto repair and service facility. The site is zoned C-l and
is located at the southwest corner of Pearl Street and Rancho Santiago Boulevard. (A4000.0
APP-
428)
T-
CITY COUNCIL MINUTES April 23, 1996
13. PUBLIC HEARINGS (Continued)
NOTE: This project is categoricaIly exempt from the provisions of the California Environmental
Quality Act per Section 15303 of the State CEQA Guidelines.
The Director of Community Development reported the property is approximately 15,000 sq. ft.
and referred to a site plan and elevation map which ilIustrated the proposal. The auto repair
building is approximately 5,000 sq. ft. and would include five service bays, as well as office and
storage located within the building. There is a walled parking and vehicle storage area to the
south of the building. Auto repair is a permitted use in the C-l zone, so the City's evaluation
of the project is limited to site planning and building design elements
only.The Staff Review Committee determined the impacts of the use on this property would be
noise and traffic. Changes were made to the proposal and were complied with by the applicant.
The building was oriented to have the service bays facing the south, away from residential uses
to minimize noise impacts on the neighbors. There are no openings on the northwest or east sides
of the building, to contain the noise within the
structure.All vehicles on the property will be stored behind a six foot block waIl on the property, and
the location is gated, to visually contain the auto repair, vehicle storage and similar uses within
the property. There is an approximate 10 foot setback from the property line on Pearl Street,
with additional landscaping from the property line to the sidewalk, as well as an additional six
foot setback from the sidewalk to the
curb.Conditions were added to limit the auto repair activities and hours of operation. The minor
site plan review is a new process which allows for an appeal process for smaller projects, which
did not formerly exist. The following four conditions were added by the Planning Commission: (
1)Required relocation of electric room door to the east elevation of the building facing
Rancho Santiago, with no entry door into the remainder of the building from the electrical room; (2)
a minimum of the equivalent of acoustical insulation in the form of applied baths on all interior
waIls of the service bay room above the height of 4 feet be installed, with the equivalency of an
STC rating of 45 in addition to the rating of the walls themselves, and at the ceiling as well; (3)
that similar insulation be installed in the ceiling space of the parts room; and (4) that a whisper
quiet type compressor be required, including an intake silencer and enclosure for the air compressor
be installed within a sound insulated room with sound sealed doors within the parts storage
room.The Director of Public Works addressed Council concerns regading traffic conditions in
the proposed project area. The current traffic volume on Rancho Santiago is approximately 7,
400 vehicles per day and has been stable for years. It is projected to increase to approximately 8,
000 per day by the year 2010. This project will generate about 100 trips per day. He confirmed
that traffic categories A -Fare ranges of service levels for particular roadways, F being a gridlock
and A being a free-
flow condition.MAYOR COONTZ OPENED THE
PUBLIC HEARING
PAGE 17
CITY COUNCIL MINUTES April 23, 1996
13. PUBLIC HEARINGS (Continued)
Duke Howenshell, applicant, commented that all requirements of the Site Review Committee and
Planning Commission have been met. He indicated that he will be good neighbor and respect the
neighbors concerns, and his business will be beneficial to the community. Mr. Howenshell
explained the great lengths and efforts he had gone through with the Site Review Committee and
the Planning Commission to get a workable plan and minimize the impact on the community. The
lights proposed are incandescent lights which would be approximately 4 feet from the roof which
shine out to the parking lot, away from the residences.
The following individuals spoke in opposition:
Jeanette Palacio, 18931 Pearl Street,
John Delgado, 18971 Pearl Street
Mike Aguilera, 18961 Pearl Street
Their concerns were an follows:
The project will generate an increase in traffic and noise; dissatisfaction with staff's notification
process for the proposed facility; lighting that would affect the neighborhood; the hours of
operation should be changed; the area should be landscaped; and parking restrictions should be
imposed on Pearl Street.
Speaking in support of the project:
Bob Bennyhoff, 10642 Morada Drive, spoke in support of the project.
Letters received from the East Chapman Improvement Committee, recommending the project's
operational hours be from 8:00 a.m. to 6:00 p.m. due to its location adjacent to a residential
neighborhood.
Rebuttal in favor: Duke Howenshell commented the project will be a benefit to the community.
The proposed lights will be installed to shine out to the parking lot facing south away from the
residents.
Council discussion ensued regarding their commitment to give adequate notice to the East
Chapman Improvement Committee allowing them tinle to review applications and forward their
recommendations to the Council. The committee did not receive adequate notice and felt rushed.
The Director of Community Development acknowledged that the committee's review and
response time is short. For future projects on East Chapman, every effort will be made to mail
notices to this committee in a timely manner. It was further clarified that even if there is a
County/City line involved in a project, notices will be mailed to all property owners regardless of
what jurisdiction the property is located.
PAGE 1S
r I
CITY COUNCIL MINUTES April 23, 1996
13. PUBLIC HEARINGS (Continued)
In response to Councils concerns, the Director of Community Development reported that prior to
the implementation of the Minor Site Plan Review process, applications similar to this would have
undergone a staff review process. The current process aIlows an opportunity for public input to
ensure as much public consideration as possible.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
NOES
Murphy
Slater Murphy,
Mayor Coontz, Slater Barrera, Spurgeon
Moved that CEQA
finding that this project is categorically exempt from the provisions of the California Environmental Quality
Act per Section 15303 of the State CEQA Guidelines.MOTION SECOND AYES
NOES
Murphy
Slater
Murphy,
Mayor
Coontz, Slater
Barrera, Spurgeon Moved to uphold
the Planning Commission
recommendation to deny Appeal No. 428 and uphold the Staff Review Committee approval of
Minor Site Plan Review 3-95.MOTION SECOND AYES Mayor Coontz
Murphy
Murphy,
Barrera,
Mayor Coontz, Spurgeon,
Slater Moved
to direct staff to work with the
County on traffic problems on Rancho Santiago; review OCTA's schedule and parking on Rancho Santiago
to consider another site where the bus can stop; consider placing the new turn signal additions
to that intersection a high priority, include it on the Capital Improvement Plan, moving it to
the top; any other traffic improvements be researched by the Director of Public Works that
would relieve traffic in the area; and returning to Council with a preliminary information plan within 30
days.Mayor pro tern Barrera stated the following for
the record: "I am voting against the project, not for the use, but on account of the
safety of the neighborhood. I think it's going to intensifY it and I will be happy that the study is
being done. I wish the study had been done first, but since this is happening, I'm voting against it for that
reason. "Councilman Spurgeon gave the following comments for the
record: "My concern is safety, more importantly, not that I'm trying to compare
it on the same level as safety, but I am concerned about the notification process that we've had.
I think some parts of it were flawed to start with because of the County/City boundaries. I think
that I voted two years ago for the Goodyear project because I thought it was a good
project. I still think it is a good project today. I have no doubt that this will be a good project,
if the conditions are met, but I have concerns. I have tried 1-- r PAGE 18
CITY COUNCIL MINUTES April 23, 1996
13. PUBLIC HEARINGS (Continued)
to reinforce what few Committee's we have left, that when we went through this streamlining
process, and I feel that I personally owe it to Mr. Torres, especiaIly whom I've seen on a number
of occasions, to try to reinforce the importance of that Committee and the notification procedures
it has received. I am very pro-business and try to understand the compatibility between
these problems - between neighbors and businesses, but I do have concerns about the integrity of the
notification process when we have these unusual situations come up with County vs. City. I
would hope in the future that we would do our best."
14. PLANNING AND ENvmONMENT - None 15.
ORAL PRESENTATIONS Richard
Elgas, 1032 Cumberland, submitted a petition signed by families concerned with the intolerable
living conditions caused by roller hockey Super Sports facility. He addressed the issues
of golf baIls that present a danger; the noise created by a prolonged buzzer late at night;alcoholic
beverages, amplified music and announcements; backhoes and trenchers operating at early
morning hours;, loud screaming and profanity at late evening hours, lights left on all night,and
vandalism.. He requested Council consider their concerns. (C3500.0)Steven
Edwards, 1106 Cumberland, reiterated the concerns expressed by Mr. Elgas with the Super
Sports facility.The
Director of Community Development reported he had numerous discussions with Mr. Elgas and
other neighbors, as well as the prime operator of the facility. There are a number of problems that
need to be resolved. He indicated the hours of operation were not being adhered to, and the Police
Department is monitoring that situation. A status report will be brought back to Council within
two weeks.Mayor
Coontz and Councilman Slater will visit the facility. Mayor Coontz requested a list of conditions
and information from the Police Chief relative to what situations needs to be evaluated;and
the recourses.The
City Manager confirmed that the Director of Community Development sent an initial letter of notification
to Super Sports advising them they are expected to comply, and one of the issues is to return
to Council to review the CUP. A letter was also sent to the Superintendent of the School District.
PAGE
20 11----
I
CITY COUNCIL MINUTES
April 23, 1996
16. ADJOURNMENT
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgoen, Slater The City
Council adjourned at 9:00 p.m. to an Adjourned Regular Meeting, April 24, 1996 at 4:30p.m. in the Council Chambers to consider Appeal No. 431, Urban Retail Properties Co.relating totheCityCenterMillsProjectandconsiderationoftheCountyofOrange's Bankruptcy Plan ofAdjustment.a.14f/
fdJ~ ~(~d/'~CASSANDRA J(tATHCART, CMCCITY CLERK
JOANNE C.
COONTZ MAYOR PAGE
21
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