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01-25-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA JANUARY 25, 1994 The City Council of the City of Orange, California convened on January 25, 1994 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 3:00 P.M. SESSION 1.OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT - None 1.3 APPROVAL OF MINUTES Special Meeting January 9,1994.MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.Regular Meeting January 11, 1994. MOTION - Murphy SECOND - Mayor Beyer AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.Adjourned Regular Meeting January 16, 1994. MOTION - Barrera SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.Adjourned Regular Meeting January 17, 1994.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.PAGE 1 CITY COUNCIL MINUTES JANUARY 25, 1994 1.4 PRESENTATIONSI ANNOUNCEMENTS! INTRODUCTIONS - None 1. 5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 100 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of January 25, 1994, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. ACTION: Approved. 2.3 RequestCouncil approve a Retainer Agreement with Shernoff, Bidart and Darras for insurance litigation service. (A2100.0.Agr.2185)FISCAL IMP ACT: This is a contingency fee contract and no payment for attorney services are due unless there is a recovery for the City. Sufficient funds are in account 100-0301- 426100 for cost of litigation and expert witness fees. ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City. 2.4 CLAIM FOR DAMAGES FROM: (C3200.0) Linda and Gary McClure FISCAL IMPACT: None. ACTION: Denied claim and referred to City Attorney and Adjuster. 2.5 Request Council award a contract in the amount of $1,781,462.92 to Sully Miller Contracting Company for street improvements on Villa Park Road from Lemon Street to Linda Vista Street and Santiago Canyon Road from Linda Vista Street to Hunters Way;Bid No. 934-13. (A2100.0.Agr. 2186)FISCAL IMPACT: Funds are available under Account Numbers 550- 5011-783300- 3904- CITY COUNCIL MINUTES JANUARY 25, 1994 2. CONSENT CALENDAR (Continued) 550-5011-783300- 3905- 00216 and 00217, 550-5011-783300-3014-00217,272-5011-783300-3014 and 271-5011-793300- 3905.ACTION; Authorized Mayor and City Clerk to execute on behalf of the City.2. 6 Request Council approve Agreement No. D91-242 between the City of Orange and the County of Orange for the Glassell Street Bridge. (See Resolution No. 8292, Item 8.1.)A21 OO.0.Agr.0343 .L2)FISCAL IMP ACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City. 2.7 Request from Old Orange Antiques Dealers Association to hold its 18th annual Antique Faire on February 19, 20, and 21, 1994. (p1300.0. 9)FISCAL IMP ACT: None. All fees will be paid.ACTION: Approved.MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER 3. 1 StatuI report from Mayor Beyer on EI Toro Marine Base reuse.Mayor Beyer reported there was no update at this time. 4.REPORTS FROM COUNCILMEMBERS TAPE 125 NON-AGENDA ITEM - DISASTER PREPAREDNESS PROGRAM Councilwoman Coontz commented there has not been an update to the City's Emergency Preparedness Plan for approximately one year. Because of the recent changes in personnel, the City employees need to know what their responsibi1ities are if a disaster was CITY COUNCIL MINUTES JANUARY 25,1994 4. REPORTS FROM COUNClLMEMBERS (Continued) The Assistant Fire Chief reported since the document has been published, there have been no drills. However prior to that there were three drills with Department Heads at the emergency center located in the Police Department. It was further reported the Fire Marshall is now responsible for the disaster plan and to recover reimbursements from FEMA for the recent fires and the Fire Department's participation in the Los Angeles earthquake. Council instructed the City Manager to work with departments, with coordination by the Fire Department, and provide a report on the update of the emergency plan for the February 8, 1994 Council meeting. 5. REPORTS FROM BOARDS, COMMlITEES, AND COMMISSIONS TAPE 395 5.1 Accept with regrets the resignation o(Norman Hower (rom the City Traffic Commission and instruct the City Oerk to advertise the vacancy punuant to Maddy Act requirements. (OR1800.0.19) MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the resignation with regrets.5.2 Accept with regrets the resignation o( Steve Everett (rom the Orange Public Library Board of Trustees and instruct the City Oerk to advertise the vacancy punuant to Maddy Act requirements. (C2500. L1)MOTION SECOND AYES Mayor Beyer Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, murphy Moved to accept the resignation with regrets.6.ADMINISTRATIVE REPORTS TAPE 421 6.1 Status and (unding report on the Resource Center and SB 733. (C2500.N)The Community Services Manager reported staffapplied for $160,000 of grant funding and 100,000 through St. Vincent de Paul with a negative response received on one grant application.It will be very difficult to obtain grant funding for the Resource Center just by virtue of the type of service, since it is a day labor issue. If outside funding is to be continued the following recommendations are given: 1) Expand the services of the Resource Center to make the Center more applicable for grant funds, such as funds for at-risk children, etc. However, because the Page 4 I CITY COUNCIL MINUTES JANUARY 25, 1994 6. ADMINISTRATIVE REPORTS (Continued) focus and intent would change, and Council would have to make a policy decision. 2) Feasibilityofmovingtowardsprivatizing, a non-profit operation, or seek some joint- public private partnerships to assist in offsetting the costs of the center.The impact of Senate Bill 733 was reviewed by the City Attorney in a memo attached to the report. The City is complying with this legislation.Council discussed the following points:Concern was expressed that when the City opened the Resource Center, it was specifically to deal with the issue of day workers. If the homeless issue is presented, it is a separate and singular activity and should be addressed separately.Any grants the City receives should be accepted under our own philosophyofoperation.The report contains what other cities are doing and all of these avenues should be reviewed.The Friendly Center Corporation has had some difficulty in obtaining grant funds if therewasanyquestionillegalswere receiving services.Council asked for a report on the success ofBrea-Olinda Unified School District's RecreationlU Occupation Program that is a non-profit corporation, funded $35,000 for one year for the job center.One of the areas being evaluated is a possibility of bringing in an employment agency to utilize part of the Resource Center, and their proceeds would go to offset some of the Resource Center's expenses. The City could continue to provide the same service.Council requested an evaluation of numbers, a yearly comparison, on the performance of the Resource Center.Concern was expressed regarding the extra cars parked around the area, and it was requested that the vacant lot be policed, all the trash be picked up and the area kept clean.Consider the possibility witha public-private partnership, couldn't the City be charging for the time and effort spent? The location is there, the employers pick the laborers up and a certain amount of activity is going on.Approach merchants, starting from Yorba Street to RanchoSantiago, that are most severely impacted, to discuss getting contributions, if the center is closed down. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to receive and file with the understanding that staff follow through with the recommendations made by Council. The Resource Center remains as a ResourceCenterfordayworkerswithlimitedsocialserviceactivitythatrelatesdirectlytotheResource Center. Staff to return with a report.7. REPORTS FROM CITY MANAGER - None CITY COUNCIL MINUTES JANUARY 25,1994 8.LEGAL AFFAIRS TAPE 1050 8.1 RESOLUTION NO. 8292 A Resolution of the City Council of the City of Orange designating portions of North Glassell Street as a County highway for the purposc of scismic retrofitting. (S4000.0) MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution'No. 8292 as introduced be adopted and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 8293 A Resolution of the City Council of the City of Orange electing to be subject to Public Employees'Medical and Hospital Care Act only with respect to members of the designated Executive Management, Staft'Management, and Labor Confidential employees and setting the employer's contribution at the amount prescribed by Section 22825 of the Government Code. (11200.0.3.1)MOTION SECOND AYES Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8293 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 8294 A Resolution of the City Council of the City of Orange electing to be subject to Public Employees'Medical and Hospital Care Act only with respect to members of the Orange Supervisory and Management Association and setting the employer' s contribution at the amount prescribed by Section 22825 of the Government Code. ( 11200.0.3.1)MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8294 as intrOduced be adopted and same was passed and adopted by the preceding vote.Page 6 r CITY COUNCIL MINUTES JANUARY 25, 1994 8. LEGAL AFFAIRS (Continued) 8.4 RESOLUTION NO. 8295 A Resolution of the City Council of the City of Orange electing to be subject to Public Employees'Medical and Hospital Care Act only with respect to members of the Professional Technical, andClericalUnitandsettingtheemployer's contribution at the amount prescribed by Section 22825oftheGovernmentCode. (11200.0.3.1) MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, COOntz, Murphy That Resolution No. 8295 as introdueed be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 8296 A Resolution of the City Council of the City of Orange electing to be subject to Public Employees'Medical andHospitalCareActonlywithrespecttomembersoftheOrangeCityFireManagementAssociationandsettingtheemployer's contribution at the amount prescribed by Section 22825oftheGovernmentCode. (11200.0.3.1)MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8296 as introduced be adopted and same was passed and adopted by the preeeding vote.8.6 RESOLUTIONNO. 8297 A Resolution of the City Council of the City of Orange electing to be subject to Public Employees'Medical and Hospital Care ActonlywithrespecttomembersoftheOperationsandMaintenanceUnitandsettingtheemployer's contribution at the amount prescribed by Section 22825 of the Government Code. (11200.0.3.1)MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8297 as introduced be adopted and same was passed and adopted by the preceding vote.I Page 7 CITY COUNCIL MINUTES JANUARY 25,1994 8. LEGAL AFFAIRS (Continued) 8.7 RESOLUTION NO. 8298 A Resolution of the City Council of the City of Orange electing to be subject to Public Employers' Medical and Hospital Care Act only with respect to members of the Water Department Employees Association and setting the employer's contribution at the amount prescribed by Section 22825 of the Government Code. (11200.0.3.1) MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8298 as introduced be adopted and same was passed and adopted by the preceding vote. 8.8 RESOLUTION NO. 8299 A Resolution of the City Council of the City of Orange electing to be subject to Public Employees'Medical and Hospital Care Act only with respect to members of the Miscellaneous Employees of the City of Orange and setting the employer's contribution at the amount prescribed by Section 22825 of the Government Code. (11200.0.3.1)MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8299 as introduced 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 - None 11. RECESS The City Council recessed at 4: 00 P.M. to a Closed Session for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code Section ~54956.9(a), to wit:City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685 Item b was deleted.c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.PageS I CITY COUNCIL MINUTES JANUARY 25, 1994 11. RECESS (Continued) Item d was deleted. e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. Item fwas deleted. g. 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. INVOCATION - Former City Attorney, Furman Roberts.12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS Mayor Beyer announced the unanimous appointment of David F. Dixon as City Manager.Mr. Dixon will start working for the City FebruiuY28, 1994.12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS Proclamations honoring Luis A. Rodriguez, Senior Assistant City Attorney and Robert D.Herrick, Assistant City Attorney for their service to the City of Orange were presented.Presentation to Orange City Firefighters by Gene Scarcello, representing Crest de Ville homeowners.13. PUBLIC HEARINGS TAPE 2299 13.1 ORDINANCE AMENDMENT 5-93, CITY OF ORANGE: (A2500.0)Time set for a public hearing on petition by the City of Orange to consider amending the City's R-2 zoning classification to add a provision which requires issuance of a conditional use permit whenever a property owner proposes more than two dwelling units on a parcel. This ordinance amendment would directly affect all properties zoned R-2 (Residential Duplex:) District and having a lot area in excess of9,OOO square feet throughout the City.NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305.Page 9 I CITY COUNCIL MINUTES JANUARY 25, 1994 13. PUBLIC HEARINGS (Continued) MAYOR BEYER OPENED THE PUBLIC HEARING. The Manager of Current Planning reported the amendment modifies the existing code in the following areas: 1) It adds to the list of uses permitted by conditional use permit projectsinvolvingconstructionofmorethantwounitswouldrequireaconditionalusepermit. 2) It removed from the allowable uses section, that you may build one unit for every 3,000 sq. ft. oflot area. 3) It adds additional findings for authorization of a conditional use permit that references resources and infrastructure and the streetscape compatibility to be considered at the time the conditional use permit is before the Planning Commission. There are approximately 47 lots including Culver Street that are currently affected. In past Council action, Council reconunended the properties on Culver Street receive a rezone from R-l to R-2. There was a mitigation measure that was included in Resolution 8199 which reads as follows: "The City Council directed City staft"to prepare and process for CityCouncilconsiderationthroughnormalCityproceduresanordinancerequiringaconditionalusepermit for any development project that would result in more than two dwelling units on any R-2-6 lot in the City of Orange. Pending City Council consideration and adoption or denial of such an ordinance no building permits shall be issued for any construction or improvements that would result in more than two dwelling units on any I!?~ ~bject to the zone change unless the City Council, after duly noticed public hearing grants a penriit therefore based on findings requiredundertheOrangeMunicipalCodeforconditionalusepermitandadditionalfindingsthatpropose dwelling units in excess of two on the effected lot will not have a significantly greater impactonpublicresourcesandinfrastructureoronasinglefamilyscaleofthestreetscapethanwouldtwodwellingunitson the same lot."The following people spoke in opposition indicating there is a great need for affordable housing in the conununity; this amendment would be too restrictive city-wide with more regulations and fees.Eileen Hertfelder, 720 E. Culver Carole Walters, 534 N. Shaffer Corinne Schreck, 446 N. James Ralph Zehner, 630 E. Culver T. J. Clark, 811 E. Chapman Wil Chambers, 242 S. Olive T. J. Clark conunented he had not received an answer from hiszoningapplicationheardbyCouncilonJanuary12, 1993. Mayor Beyer announced the City Manager will contact Mr. Clark.The following people spoke in favor indicating the proposed ordinanceisanappropriateapplicationoftheconditionalusepermitrequirementsfortheentireCity and will address the conunon planning problems and related environmental impacts associatedwiththedevelopmentofthefewoversized, oddly shaped lots located within the R-2-6 zone: Shannon Tucker, 556 E. Culver Patty Ricci, 618 CITY COUNCIL MINUTES JANUARY 25, 1994 13. PUBLIC HEARINGS (Continued) THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. The Director of Public Works was asked to comment ifthere would be a burden on the infrastructure regarding this particular request. It was noted there were some deficiencies found but nothing specific in the Master Plans. All costs onsite would be borne by the property owner, the City would pay for the street sewer mains construction. The City Attorney reviewed Orange Municipal Section 17.92.020 which covers the general findings in conditional use permit hearings. The City Attorney commented the path that was taken when the resolution was passed was that there was not a great deal of favor for an overlay zone. If that was not what Council wished to do another direction could be taken. The Community Development Manager commented most of the overlay zones have been removed because of administrative problems. Council comments: It was suggested the neighborhood get together and come up with a creative approach, but not specified for an overlay zone, rather the contingent use of a conditional use permit proposal. An overlay zone would be the only simple land use answer to take care of a specific small area by itself MOTION -Coontz SECOND -Murphy AYES -Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that this item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305. NOTE: The City Attorney opined that Counci1man Spurgeon did not pjll1icipate in the Culver Street public hearings because of a possible conflict of interest, but since the motion is to come back for further review of the Culver Street area, perhaps it would be cautious for Councilman Spurgeon to not participate. Discussion: The City Attorney was asked to respond to the following question: If the motion should carry, the conditional use permit contingent restriction in the current ordinance would be removed. Is that accurate? The City Attorney commented, if Council wishes to continue this matter and have staff return with additional information and reports in connection with those concerns expressed, then the interim measure would be in effect until the final action is taken on the ordmance. Counci1man Spurgeon abstained from voting due to a conflict of interest. Page 11 CITY COUNCIL MINUTES JANUARY 25,1994 13. PUBLIC HEARINGS (Continued) MOTION -Coontz SECOND -Barrera AYES -Barrera, Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved to .continue the question of the ordinance amendment to March 8, 1994. In the meantime direct the Planning Department to return to Council with creative alternatives to protect Culver Street properties remembering that all the neighbors on Culver Street agreed that the residential character and the streetscape should be preserved.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Juan Pablo Serrano-Nieblas, 224 N. Olive #G, expressed concern that the abortion foes are disrupting traffic and pedestrian right-of-way on Chapman Avenue, and demanded something be done immediately.Police Chief Robertson commented he will review the situation and is studying how the RICO Act applies to this situation. Mayor Beyer indicated Mr. Serrano-Nieblas should contact Police Chief Robertson.Lisa Blanc, 368 W. Orange, expressed the same concerns as Mr. Serrano-Nieblas.Ralph Zehner, 630 E. Culver, requested Council to direct the Planning staff to meet with the community on Item 13.1. Mayor Beyer instructed the Community Development Manager to contact Mr. Zehner. 16. ADJOURNMENT MOTION SECOND AYES Barrera Mayor Beyer Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 8:35 P.M. J7/.f/lA~ ~ Qp$P~ MARILYN J. NS , aM'c CITY CLERK GENE BEYER GENE BEYER YOR A~ BARRERA "-MAYOR PRO TEM Page 12 I II'