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08-22-1995 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA August 22, 1995 The City Council of the City of Orange, California convened on August 22, 1995 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 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG Given by Councilman Mike Spurgeon 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting August 8, 1995 MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon ABSTAINED - Slater ACTION: Approved with the following change on Page 16 - Add to the motion: "These proposals will be addressed by the Fire Chief who will report to Council as they become available. "Adjourned Regular Meeting August 15, 1995. MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved. 1.4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Betsy Dixon read a letter from David F. Dixon, City Manager, announcing that he will officially retire, effective October 22, 1995. Commencing September 3, 1995, he will be on leave to work on recovering from his illness. (C2500. E)Mayor Coontz, on behalf of the Councilmembers, expressed their regrets and indicated Mr. Dixon's tenure has been marked by significant fiscal and organizational challenges.PAGE 1 CITY COUNCIL MINUTES August 22, 1995 Urgent Item - Need for Immediate Action - Retirement of City Manager MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The need to discuss this item arose after the posting of the agenda.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater With regrets, receive and file Mr. Dixon's letter of retirement.Mayor Coontz announced flags throughout the City are flying at half-mast in honor of the diplomats ki\1ed in Bosnia.Resolution No. 8500 forRichard Block of the Orange Public Works Department commending him for more than 32 years ofloyal and dedicated service was not presented due to Mr. Block's absence. The Resolution will be sent to him at a later date.Judy Sollee, President of the International Street Fair, gave a brief update.1.5 PROCLAMATIONS Proclamation was presented to Lorina Vinet, honoring Target Stores for their contributions to the City of Orange.Proclamation was presented to Sara Murietta, President, Orange Branch, American Association of University Women and Sandy Warne, Member of the Board of Directors,Central Orange County YWCA honoring the 75th anniversary of The Women's SufiTage Movement.Mayor Coontz presented acknowledgments to Pam Doss, Rick Kollen, and Shelly Ramirez for their participation and coordination of the Employee Picnic held on August 16, 1995.Mayor Coontz announced the former City Treasurer, Mark Weiss, passed away on August 18, 1995 after a long battle with an illness. The funeral services are scheduled for August 23, 1995 at Forest Lawn. The City has sent flowers to the family.2.CONSENT CALENDAR TAPE 793 2.1 Declaration of Deputy City Clerk, Cassandra 1. Cathcart, declaring posting of City Council agenda of a regular meeting of August 22, 1995 at Orange Civic Center, Main Library, Police facility at 1107 North Batavia !: lid the Eisenl10wer 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.PAGE 2 CITY COUNCIL MINUTES August 22, 1995 2. CONSENT CALENDAR (Continued) 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 August 8, 10 and 11, 1995. ACTION: Approved. 2.3 CLAIMS FOR DAMAGES FROM: (C3200.0) a. Mercury Insurance Group b. Hugo Ramirez FISCAL IMP ACT: None. ACTION: Denied clainls and referred to City Attorney and Adjuster. 2.4 Request to update the Master Schedule of Fees and Charges to include fees for the Site Plan Review as required in the New Zoning Ordinance. This change modifies the current Site Plan Review" fee to "minor" and "major" site plan review fees. (C2500.1.1.0.1) FISCAL IMPACT: No change in the minor/site plan review fee or process. ACTION: Approved. 2.5 RESOLUTION NO. 8509 A Resolution of the City Council of the City of Orange rescinding Resolution No. 8373 and reverting interim City Highway to County Highway. (H1200.0) Intersection: Fairhaven and Yorba ACTION: Approved. 2.6 Request Council approve the expenditure of$30,500.00 to purchase a radio and telephone logging recorder for the Police Dispatch Center. (C2500.K) FISCAL IMPACT: Funds are budgeted in Equipment Repair Account No. 100- 4011-424102 (General Fund).ACTION: Approved.2.7 Request Council approve Consultant Agreement with Orange County Youth and Family Services, not to exceed $75,000.00. (A2100.0.Agr.2l25. B)FISCAL IMPACT: Funds are budgeted in Account No. 100- 4041-427800- 1335 (General CITY COUNCIL MINUTES August 22, 1995 2. CONSENT CALENDAR (Continued) ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.8 RESOLUTION NO. 8508 A Resolution of the City Council of the City of Orange extending the effective date of Resolution No. 8322 between the City of Orange and the City of Orange Police Association to February 29, 1996, and further amending and moduying said Resolution as described herein. (C2500.J.4.2) ACTION: Approved. 2.9 Request Council approve the award of Bid No. 945-25 to Pitt-Des Moines, Inc. of Sacramento, CA in the amount of $1,435,000.00 for the construction of Water Reservoirs No. 9A and 10 located in the northeast Orange area in the hills east of theLorna Street/Imperial Highway intersection. (C2100.0. Agr.2464)FISCAL IMPACT: Funds are budgeted in Account No. 601-8061-484400-8316,Reservoir No. 9A, $727,500 and Account No. 601-8061-484400-8317, Reservoir No. 10,707,500 (Water Capital Fund).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.10 Request Council approve contract with The ORICOM Group, for implementation of the City's Used Oil Recycling Block Grant program from the California Integrated Waste Management Board for 1995-96. (A2100.0.Agr.2224.B)FISCAL IMP ACT: All fees for program development and management will be paid from grant moneys received into revenue accounts. Used Oil Block Grant: Revenue Account No. 220-ooo< J-262900-{)()()(H)()150 ($ 40,387.00), Expenditure Account No. 220-5022-427100-0000-00150 ($40,387. 00).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.11 Request Council approve Tract No. 14577. (T4000.0) Location: North side of Lincoln Ave. :t 900' East of the Centerline ofGlassell Street Parcel size: 0.57 Acres Number of Lots: 1 Numbered lot and Lincoln Avenue Developer/Applicants: CITY COUNCIL MINUTES August 22, 1995 2. CONSENT CALENDAR (Continued) 2.12 Request Council reject all bids received for bid number 956-01, Construction of Santa Fe Depot Park Development and re-advertise. (C2500.M. 4.17)FISCAL IMPACT: None. ACTION: Approved.2.13 Request from Kenneth E. Johnson, Sr., owner of a residential parcel located at 15536 Cully Drive, in the unincorporated County of Orange, to connect to the City sewer system. (A2100.0. Agr.2465)FISCAL IMP ACT: None.ACTION: Approved and authorized Mayor and City Clerk to execute agreement on behalf of the City.2.14 Request Council approve the award of Bid No. 956-02, Furnish and Deliver Ductile Iron Pipe and Fittings, to U.S. Pipe and Foundry, Brea, CA. in the amount of $ 210,611 and reject all other bids. (A2100. 0.Agr.2466)FISCAL IMPACT: Funds are budgeted in Account No. 600-8041- 474501 (Transmission and Distribution Mains).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.15 Request to establish a 'speed limit' on Via Escola between Lorna St. and Meats Ave.S4000.S.3.4)FISCAL IMPACT: Funds are budgeted in Traffic Safety Account No. 100-5032-427100 Contractual Services).ACTION: Directed the City Attorney to prepare an Amendment to Ordinance No. 5-94 establishing the speed limit on Via Escola between Lorna St. and Meats Ave. at 40 Miles Per Hour.2.16 Request for the installation of'30 Minute' limited time parking on the west side ofGrand St. south of Chapman Ave. (S4000.S.3.1.1)FISCAL IMPACT: Funds are budgeted in Traffic Safety Account CITY COUNCIL MINUTES August 22, 1995 2. CONSENT CALENDAR (Continued) REMOVED FROM THE AGENDA) 2.17 Request for the installation of 'NO PARKING AT ANY TIME' restrictions on both sides of Old Camp Rd. north of Canyon View Ave. FISCAL IMPACT: Funds are budgeted in Traffic Safety Account No. 100- 5032-427100 Contractual Services).ACTION: This item was removed from the agenda and referred back to the City Traffic Commission for alternative solutions.2.18 Request for the installation of a 'continuous left-turn' lane on Eckhoff St. between Orangewood Ave. and CollinsAve. (S4000. S.3.3)FISCAL IMPACT: Funds are budgeted in Traffic Safety Account No. 100-5032- 427100 Contractual Services).ACTION: Approved.2.19 Request for a curb-side 'handicapped' parking stall in front of the apartment building located at241 N. Oak St. (S4000.S.3. 1.1) FISCAL IMP ACT: None.ACTION: Denied.2.20 Request for 'red curb' markings at the intersection of Washington Ave. andWayfield St.S4000.S.3.1.1)FISCAL IMPACT: Funds are budgeted in Traffic Safety Account No. 100-5032-427100 Contractual Services).ACTION: Approved.2.21 Request for the temporary suspension of permit parking restrictions within Permit Parking Area 'A' (downtown residential area), on Thursday, August 31, 1995 andTuesday, September 5,1995. ( S4000.S. 3.1.2)FISCAL IMPACT: None.ACTION: Approved.2.22Request Council approve Amendment 4 to Santa Ana/Orange Transportation System Improvement Authority ( TSIA) Agreement reducing required elected officials' meetingsto one per CITY COUNCIL MINUTES August 22, 1995 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: None. ACTION: Approved and authorized Mayor and City Clerk to execute on behalf of the City. 2.23 Request Council authorization to invite bids for construction of SP 3151 - Street Maintenance 95-96, various locations and municipal parking lot maintenance. S4000.S.7) FISCAL IMPACT: Funds are budgeted as follows: $800,000 in Measure M funds and 200,000 in Account No. 540-5011-485100-9609 ( Municipal Parking Lots).ACTION: Approved.2.24 Designate Mayor Coontz as the voting delegate for the League of California Cities Annual Conference, October 22-24, 1995. Voting alternate Councilmember to be determined by seniority and availability. (ORI800. 0.12)ACTION: Approved.2.25 Request authorization to approve Housing Accessibility Program Grant and authorize the Finance Department to prepare a warrant in the amount of$l,OOO.OO. (C2500. G.1.3.4)FISCAL IMP ACT: Funds are available in Account No. 316-6053-427800-1222 (Housing Accessibility Program Grant) for Case No. 591.ACTION: Approved.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Item 2.17 was removed from the agenda; the remaining items on the Consent Calendar were approved as recommended.Urgent Item - Law Appreciation Day, Hold Harmless Agreement (C2500.K) MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that the need to discuss this item arose after the posting of the Agenda. Request from the Joint Powers Authority to have the City sign a hold harmless agreement in connection with the Law Appreciation Day activities at the Northnet Center. PAGE 7 CITY COUNCIL MINUTES August 22, 1995 2. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the hold harmless agreement in connection with the Law Appreciation Day activities on August 27, 1995, and authorize the Chief of Police or his designee to sign that as long as the form is approved by the City Manager and City Attorney.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS 6.1 Report on Orange County Investment PooL (C2500.F)Mayor Coontz reported she had sent a letter to the Sacramento Legislative Delegation on the City of Orange's position and principles for bankruptcy recovery. Several of the principles are as follows:1. In accordance with voter sentiment in rejecting Measure R in June, the first principle is that tax, fee, charge or rate increases should not be any part of the bankruptcy recovery solution whatsoever.2. Municipal revenues should not be used to bailout the criminal acts of the former County Treasurer.3. The largest possible portion of the solution should come from within Orange County government itself Asset sales and cash assets and revenues of the County Harbors, Beaches and Parks District, Flood Control District, Road Fund, Redevelopment Funds, etc., should be looked at first to pay those owed money by the County.We note with interest that the proposed County budget for 1995/96 still proposes a County government work force of5.82 employees per 1,000 residents. This is after having recently transferred fire protection responsibility to an independent agency. County government's 1995/96 per capita staffing is 8% more than that of our full service City which provides fire protection.4. Municipal pool investors should retain at least a partial priority position with respect to litigation proceeds. While we support the concept of moving our secured position behind that of other County creditors such as schools, we firmly believe that the municipal pool investors should retain some type of priority claim to litigation proceeds.PAGE 8 CITY COUNCIL MINUTES August 22, 1995 6. ADMINISTRATIVE REPORTS (Continued) Through this compromise, the City's position has been changed and there is a danger the City will not be receiving the 20% that is owed. However, in the compromise, the cities and agencies had to recognize that if they did not go along with the compromise there would be every indication that sales and property taxes would be taken again from the City of Orange. Carole Walters, 534 N. Shaffer, commented she has been attending the Orange County Transportation Authority meetings and will ask at their next meeting that the board be investigated. There are County Supervisors, Councilmembers and Mayors from other cities that sit on this board as well as the League of California Cities Board. No one is helping the County get out of the bankruptcy problems; they are only out for themselves. The League of California Cities is not doing the City of Orange any favors and the City should not give them any money. 6.2 Treasurer's Report for July, 1995. (C2500.F) MOTION SECOND AYES Barrera Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file.6.3 Report from Director of Community Development requesting Council consideration of the Affordable Housing Agreement between the Orange Redevelopment Agency and Forest City Properties pertaining to the financing and rehabilitation oftbe Villa Santiago Apartments. ( R3500.0)RESOLUTION NO. 8502 A Resolution of the City Council of the City of Orange finding that the use of Low and Moderate Income Housing Funds to assist in the financing of the proposed 260-Unit Villa Santiago Apartments Project is of benefit to the Redevelopment Projects.MOTION SECOND AYES Murphy Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8502 as introduced be adopted and same was passed and adopted by the preceding vote.MOTION SECOND AYES Murphy Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to authorize the Agency Board to appropriate funding in the amount of$7,500,OOO for the purposes set forth in the Affordable Housing Agreement between the Orange Redevelopment Agency and Forest City Properties Corporation. PAGE 9 CITY COUNCIL MINUTES August 22, 1995 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS 8. 1 ORDINANCE NO. 14-95 An Ordinance of the City Council of the City of Orange amending Chapter 10.06 of the Orange Municipal Code regarding the City Traffic Commission. (ORI800.0.19) MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 14-95 have first reading waived and same was set for second reading by the preceding vote. 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Barbara DeNiro, 1118 E. Adams, thanked Mayor Coontz and the Councilmembers for their donations to a garage sale held on August 19, 1995 for Corinne Schreck's daughter who has cancer. Mrs. DeNiro showed Council a hand knitted cap sent to her from a lady she met at a Ducks game. Carole Walters, 534 N. Shaffer, commented when she writes a letter she always places her name on the letter. Mrs. Walters read portions from a newspaper editorial which questioned if it would take 12 more firefighters for the paramedic/ambulance program? Are we putting ambulance companies out of service? Also, concern was expressed about the water bill that includes these charges being easy for Council to increase.The Fire Chief reported the editorial contained inaccurate information. The Fire Department's existing staffing level will be providing the service as an additional work load combined with all their other duties. The issue of6 personnel was addressed in budget hearings on June 28, 1995.Those positions had been left for the last 1-1/2years. These six were brought back as existing staff and they will be redeployed on these units along with other existing staff. They would fight fires and do inspections, swift water rescue, urban search and rescue, truck and engine work, as well as all the medical emergencies. There are no additional 12 that are specialized delivering ambulance service as the editorial indicates.The ambulance companies will not be out of business. They will do interfacility transports. The Fire Department will no longer use them as a primary responder for 911 calls.PAGE 10 CITY COUNCIL MINUTES August 22, 1995 10. ORAL PRESENTATIONS (Continued) ChiefRudat explained the Fire Department in conjunction with the Finance Department has built in cost controls and reporting standards that will be brought back to Council and the public to show fiscally that the program is working. The subscription service fee will not be increased. Council discussed the possibility of reducing the subscription service fee which will be part of the report brought back to Council. Mrs. Walters announced a man's and woman's bicycle will be rafiled off at the next garage sale scheduled for October 7, 1995 which is to raise funds for Corinne Schreck's daughter who has cancer. 11. RECESS Add to Closed Session Agenda the appointment of an Acting City Manager MOTION SECOND AYES Mayor Coontz Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council determined the need to discuss the item arose after the posting of the agenda and there is a need for immediate action.MOTION SECOND AYES Mayor Coontz Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 5:40 p.m. to aClosed Session for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):City of Orange vs. James Daum, et al., Orange County Superior Court Case No. 73-86-30.NOTE: Item b. was deleted from Closed Session.b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City Negotiator: Acting Personnel Director Employee Organization: All Employee Organizations (List Available in Personnel Office).c. Public Employee Appointment Title: City Clerk d. Appointment of Acting City Manager e. 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 11 CITY COUNCIL MINUTES August 22, 1995 7:00 P.M. SESSION 12. INVOCATION Father John Janze, St. Norbert's Church 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG Given by Councilman Mike Spurgeon 12.2 ANNOUNCEMENTS Mayor Coontz announced that during Closed Session Council unanimously appointed Cassandra 1. Cathcart to fill the unexpired term for City Clerk. Mayor Coontz administered the Oath of Office to Cassandra J. Cathcart. 12.3 INTRODUCTIONS - None 12. 4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13. PUBLIC HEARINGS 13.1 CONDITIONAL USE PERMIT 2113-95, ORANGE ELDERLY SERVICES, INC.Time set for a public hearing on petition by the Orange Elderly Services, Inc., to consider Conditional Use Permit 2113-95 to allow weekly bingo games to be conducted at the Orange Senior Center located at 170 S. Olive Street.NOTE: This project is categorically exempt from California Environmental Quality Act (CEQA)per State CEQA Guidelines Section 15323.NOTE: Councilman Slater gave the following reasons for not participating on this item: "Within a half block I managed an apartment building which I gave up four months ago. Unfortunately due to the law that is still an issue and will be for a little while. The other issue is I just closed escrow on a home just a half block away, and due to both of those reasons, unfortunately, I need to abstain."MAYOR COONTZ OPENED THE PUBLIC HEARING.The Director of Community Development reported the weekly bingo games are a fund-raiser for the organization. They will be scheduled as public events from 6:30 to 10:30 p.m. each Friday evening. It is estimated the attendance will be approximately 200 to 250. Adequate parking will be provided in the Senior Center lot and the adjacent public parking lots. Regarding smoking, State laws address smoking in public places and these laws must be complied with. There are separate rooms for smoking and non-smoking with ventilation systems.PAGE CITY COUNCIL MINUTES August 22, 1995 13. PUBLIC HEARINGS (Continued) The Planning Commission recommended approval of the CUP with conditions. The Director of Community Development answered the following concerns from Council. There are approximately four or five active bingo operations in the City at this time. A list will be provided to Council which will include the length of time they have been in operation. Keith Regan, Executive Director of the Orange Senior Center, reported that over the last several years the current support annual campaign has come short of the goal. The surplus funds are dwindling causing a hardship on the center and programs that are offered. By having bingo there will be a steady flow of cash which would place the center on firm financial ground. Bill Lis, representative ofISS Energy Services, commented that four filtering devices will be installed that will keep the air pure and meet OSHA requirements. This will cost approximately 20-23,000.00. The people operating bingo will cover these costs.Speaking in opposition:Barbara DeNiro, 1118 E. Adams, commented she had called senior centers in Garden Grove,Tustin, Santa Ana, Placentia, Irvine, Anaheim, Y orba Linda, Huntington Beach and Brea and they are all non-smoking facilities. They all have survived in this atmosphere and have services provided. Concern for the general welfare should be shown to the users of the facility. Smoke free work places have lower cleaning costs, less damage to furniture and equipment and less risk of fire and other accidents.Nick D'Amico, 160 N. Wheeler, commented there are other ways to raise money for the center and cited the Orange County American Italian Renaissance Foundation's fund-raiser efforts.S peaking in favor:Mary Henderson, 301 S. Glassell St., #224, commented the center needs to become more financially independent and bingo meets this need.Walter Rohrn, 19278 Canyon Rd., Villa Park, President of Orange Elderly Services, remarked the fund drive last year was very disappointing. The people involved in these operations have researched this and will overcome any problems with smoking.Mr. Regan explained that the people attending bingo games were a different group than the seniors that regularly attend the center. Also, the ventilation system is designed to eliminate the smoke within one hour after the last smoker has left the building. There will be no smoke left in the building. The seniors will not be back into the building until two days later. There is a monitoring system in place to make sure this system is operating correctly. The system will be covered through a contract on a two-three year basis in order not to have CITY COUNCIL MINUTES August 22, 1995 13. PUBLIC HEARINGS (Continued) Bingo will bring in approximately $5,000 per month. The goal is to return to the City at the end of the contract and, with the revenues that are generated from bingo games, which are estintated at $50-60,000 annually, negotiate a figure to be taken from those revenues and deducted from the 211,000 that the Orange Elderly Services has received from the City for the last two years.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.Council commented the Senior Center is an integral part of the community with wonderful programs for the seniors. It was announced the Orange Firefighters recently bought a freezer for the center. MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that this project is categorically exempt from California Environmental Quality Act CEQA) per State CEQA Guidelines Section 15323.MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Conditional Use Permit 2113-95 as outlined in Planning Commission Resolution No. PC- 21-95.13. 2 ORDINANCE AMENDMENT 3-95, PARKING REQUIREMENTS FOR ACCESSORY SECOND UNITS: Time set for a public hearing on petition by the City of Orange to consider Ordinance Amendment 3-95 to amend provisions contained within Sections 17.10.040 and17.32.040 of the Orange Municipal Code, regarding development standards for accessory second housing units. This amendment is proposed to respond to recent changes in the State law regarding parking requirements for accessory second units.NOTE: This amendment is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303.MAYOR COONTZ OPENED THE PUBLIC HEARING.The Director of Community Development reported that current requirments are two parking spaces for each of these accessory second units. State law amendments which take effect this year indicate the City can no longer require two per unit, but require one per unit. The State is suggesting allowing tandem parking and parking within setback areas as part of granny flat units.PAGE CITY COUNCIL MINUTES August 22, 1995 13. PUBLIC HEARINGS (Continued) The City can avoid having to implement that requirement if the City can demonstrate that the City does not allow those things in other areas of the City. The City does not allow tandem parking or required parking in setback areas in any residential zones. The Planning Commission held a public hearing on June 19, 1995 and recommended approval of the ordinance amendment. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Spurgeon Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that this amendment is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA) per CEQA Guidelines Section 15303.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Ordinance Amendment 3- 95 as outlined in Planning Commission Resolution No. PC-20-95.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Judi Lee, 1046 N. Orange Street, complained about the poor condition of the railroad tracks on Glassell between Katella and Taft.Norm Phillips, 348 Redwood, complained about several railroad track locations in the City that have not been maintained. Mr. Phillips passed out pictures of the tracks.The Director of Public Works reported that the department has been in contact with Southern Pacific Railroad and it was indicated to them that they were to begin repair on the tracks.However nothing has been started. It was recommended that Council send a letter to Senator Lewis.Mayor Coontz suggested a letter writing campaign by the City and also from the interested citizens.Mayor Coontz directed the Public Works Director to report back to Council on this issue on or before the September 12, 1995 Council meeting.PAGE 15 CITY COUNCIL MINUTES August 22, 1995 15. ORAL PRESENTATIONS (Continued) Carole Walters, 534 N. Shaffer, reported the street sweepers had swept in front of Orange High School at 6:15 a.m. She asked how could they sweep at 6:14 a.m. one week and the next week sweep at 9:30 a.m. Mrs. Walters asked if the sweepers could sweep in front of Orange High School earlier because the students cannot use the parking spaces. The Director of Public Works advised that the street sweepers are on a structured schedule and are not to operate in a residential zone before 7:00 a.m. There is alternate sweeping times in that area. Mayor Coontz suggested Mrs. Walters discuss this issue with the Director of Public Works. Mrs. Walters suggested to the City Council that when the City searches for a new City Manager that a background check, including a valid driver's license, is completed. Mayor Coontz advised she is researching the Administrative Manual on this issue and it will be brought to Council as an agenda item. Larry Bonham, 332 S. Olive St., gave a tribute to his friend, Andy Dimitriu. RECESS MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 8:40 p.m. to a Closed Session to further discuss those agenda items previously announced before the closed session.16. ADJOURNMENT MOTION SECOND AYES Mayor Coontz Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 9:10 p.m.fk~A4~~~f CASSANDRA 1. ' ATHCART, CMC CITY CLERK I {.; ',' ,JOANNE C. COONTZ./MAYOR / PAGE 16