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05-10-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA MAY 10,1994 The City Council of the City of Orange, California convened on May 10, 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 - Barrera, Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon NOTE: Councilman Spurgeon arrived at 4:20 P.M.1.3 APPROVAL OF MINUTES Regular Meeting April 19, 1994.MOTION - Barrera SECOND - Murphy AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon ACTION: Approved.Regular Meeting April 26, 1994.MOTION - Barrera SECOND - Murphy AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Daniel and Melba Melendez were presented a check in the amount of$500.00 for their help in the arrest of five and conviction, to date, of three juveniles who committed graffiti vandalism "Tagging".1.5 PROCLAMA TIONS A Proclamation in honor of May 15-21, 1994 as " Public Works Week" in the City of Orange was presented to Frank Page, Director of Public Works.PAGE 1 CITY COUNCIL MINUTES MAY 10, 1994 1.5 PROCLAMATIONS (Continued) A Proclamation honoring Barry Cottle for his support on the Orange Housing Development Corporation Board of Directors was accepted by Bob Mickelson in Mr. Cottle's absence. A Proclamation for Clean Air Month was presented to David N. Chalk representing the American Lung Association 2.CONSENT CALENDAR 498 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of May 10, 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 Request for the installation of 'No Left Turn' signs on Collins Avenue at Waverly Street. S4000. S.3.3) FISCAL IMPACT: None. ACTION: Denied. 2.4 Request for the installation of 'No Parking Anytime' restrictions at the intersection of Talbot Street and Cornwall Avenue. (S4000.S.3.1.1) FISCAL IMPACT: None. ACTION: Denied. 2.5 Request for the installation of an All-Way Stop control device at the intersection of Lincoln Street and Sycamore Avenue. (S4000.S.3. 3)FISCAL IMPACT: None.ACTION: Denied.Page 2 CITY COUNCIL MINUTES MAY 10,1994 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARATEL Y) 2.6 Request for the installation of an All-Way Stop control device at the intersection of Center Street and Palm Avenue. (S4000.S.3. 3)FISCAL IMPACT: None.The Traffic Engineer recommended the item be continued for thirty days because the recommendation is not conclusive and one of the parties directly affected by the recommendation was incorrectly notified.Council asked how accident policies are analyzed. The Traffic Engineer explained in any type of traffic analysis, the reported Police investigated accidents are the only ones used.Council further commented that other alternatives need to be discussed relative to citizens witnessing accidents.The following people spoke in favor of the four-way stop sign:Nicoll Michaelis, 288 N. Center Carole Walters, 534 N. Shaffer read a letter containing approximately 14 signatures from Socoro Baca, 313 N. Center Councilmembers commented the area is confusing due to intermittent stop signs at intersections. There is an inconsistency which is causing confusion. The Traffic Engineer indicated one of the installations done in conjunction with stop signs are vision zones which has caused problems with adjacent residents. However, a solution would be to place alternate stop signs in the area between Walnut and Chapman. This will complete the stop sign pattern in the area.MOTION - Murphy SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon ACTION: Moved to continue this item for 30 days.2.7 Request for the installation of an on-street 'Handicapped' parking stall adjacent to 761 S.Park Vine Street. (S4000.S.1.1)FISCAL IMPACT: None.ACTION: Denied.2. 8 Request to award Bid No. 934-17 for street widening and improvements for Santiago Boulevard at Lincoln Avenue/Nohl Ranch Road/SR-55 Freeway interchange; S.P. # 3070.Additional appropriation of $20,000.00 from TSIP Area B is requested.A2100.0.Agr. 2215)Page CITY COUNCIL MINUTES MAY 10,1994 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: Total contract to be awarded is in the amount of $253,777.90 and is to be funded as follows: 169,010.98 - #550 Developer Participation; and 84, 766.92 - #284 TSIP Area B funds.20,000. 00 from TSIP Area B is required to complete the funding requirements for this project (Account No. 284-5032-783100- 6016).ACTION: Approved and authorized Mayor and City Clerk to execute agreement on behalf of the City. .2.9 Request permission to advertise for bids, a contract for the installation of street name signs, Bid No. 934-27. (S4000.S. 3.3)FISCAL IMPACT: None. ACTION: Approved.2.10 Request Council approve authorization for advertising to invite bids for lighting improvements in the City parking lot at Chapman Avenue and Santiago Creek. Bid No.934-28. (S4000. S.3.10)FISCAL IMP ACT: None.ACTION: Approved.2.11 Request Council approve authorization for advertising to invite bids for landscaping and irrigation of the City parking lot at Chapman Avenue and Santiago Creek. Bid No. 934-29. ( p2500.0.1) FISCAL IMPACT: None.ACTION: Approved.2.12 Request Council approve authorization for advertising to invite bids for the Maple Avenue storm drain. Bid No. 934- 30. (C2500.M.17)FISCAL IMP ACT: None. Project totally funded under the Community Development Block Grant Program.ACTION: Approved.2.13 Request Council approve authorization for advertising to invite bids for the Orange-Olive Road/Shaffer Street storm drain. Bid No. 934-32. ( C2500.M. CITY COUNCIL MINUTES MAY 10,1994 2. CONSENT CALENDAR (Continued) ACTION: Approved. 2.14 CLAIM FOR DAMAGES FROM: (C3200.0) a. Joseph A. Brogna b. Norman Joseph Nienstedt FISCAL IMPACT: None. ACTION: Denied claims and referred to City Attorney and Adjuster. 2.15 Request Council authorize receipt of a gift of $5,000.00 and two reading kits from Hooked on Phonics. (C2500.I) FISCAL IMPACT: This gift of $5,000.00 and two reading kits will augment Fund 200- 000- 293900-9986. ACTION: Approved.2.16 Request Council approve an amendment to the Joint Powers Agreement dated October 5,1976 to specify details regarding maintenance, repair and replacement for the Fire Training Facility. (A2100.0.Agr. 0160.3)FISCAL IMPACT: None immediately. May decrease costs for repairs in future years.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.17 Request Council authorize transfer of $15,000.00 to pay for unexpected costs of repairs and improvements to City-owned facilities since assuming the responsibility of Building Maintenance into the Community Services Department. (C2500.N)FISCAL IMPACT: Transfer $15,000.00 from Account No. 210-7022-427400 (Trash Disposal Service Contract) to Account No. 210- 7028-424101 (Repairs to Buildings).ACTION: Approved.2.18 Request Council authorize transfer of $29,995.00 to pay for the moving costs of the Technical Services Division from Edwards House tothe basement of the Redevelopment building. (C2500.I)FISCAL IMP ACT: Transfer $ 8,901.59 from Account No. 200-2004-424203-9302 Maintenance Contracts-Building and Equipment-Automated Library System);Transfer $2, 832.94 fromAccount No. 200-2004-727601-9302 (Carryover Printing and Binding-Automated Library System); Transfer $ 5, CITY COUNCIL MINUTES MAY 10,1994 2. CONSENT CALENDAR (Continued) Transfer $12,900.00 from Account No. 200-2004-443400- 9302 (Craft Supplies-Automated Library System) to Account No. 200-2004- 481301- 9302 (Machinery and Equipment-Automated Library System).ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.19 Request Council approve agreement with Cablevision of Orange to extend rate review period to September 30, 1994. ( FII00.0.AGR.2216)FISCAL IMPACT: None.Discussion: Councilwoman Coontz requested Council meet with legal counsel regarding an update on Federal Cablevision regulations and an overview of the contract procedures that will be taking place before November, 1994.The Assistant City Manager indicated he would contact Mr. Marticorena, legal counsel,and follow through with a date for a meeting.Mayor pro tem Barrera requested staff review Cablevision of Orange's contract to see if there is anything to add for the benefit of the community.MOTION - Coontz SECOND - Murphy AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City. MOTION - Barrera SECOND - Mayor Beyer AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon Items 2.6 and 2.19were removed and heard separately; all remaining items on the Consent Calendar were approved/denied as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER 3. 1 Appointment of Aletha A. Clark to the Orange Public Library Board of Trustees,term to expire May 10, 1996: (C2500.I.I)Page 6 CITY COUNCIL MINUTES MAY 10,1994 3. REPORTS FROM MAYOR BEYER (Continued) MOTION SECOND AYES ABSENT Mayor Beyer Coontz Barrera, Mayor Beyer, Coontz, Murphy Spurgeon Moved to approve the appointment as recommended.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7.REPORTS FROM CITY MANAGER TAPE 1848 7.1 Oral report from City Manager on Theo Lacy Jail expansion.The City Manager reported this item will be discussed in more detail with Council at the Closed Session due to further possible legal action. On April 19, 1994, a faxed copy was received from Supervisor Steiner on the expanded initial study and addendum to the transition of the Theo Lacy Branch Jail maximum security in selected buildings. This report is an attempt to justify, through a series of positions, the addition of maximum security prisoners in Theo Lacy Jail. Also, documents have been reviewed, as it relates to the initial study, in which the Sheriff, acting as the lead agent, has also filed a Notice of Determination. Both these studies make an addendum to the Final EIR 499.Since receiving these documents, some members of the Council have toured the facility. There is tight security where the maximum security prisoners are held. Assurances have been received that these maximum security prisoners will not be released at Theo Lacy but transported to the downtown Santa Ana jail for release. Comments were prepared regarding the visitation and sent to the Sheriff. Concerns were expressed whether the security is real, or perceived and the increase of exposure the community has in terms of "the facility" whether one new inmate is added or 101. Concern was expressed about outside the wall, parking structures, increased traffic, as well as those who have been there to visit inmates. A good many of those who associate with inmates are in like manner, tone and disposition.A meeting was held with Supervisor Steiner and it is hoped the expansion, as it relates to the classification of prisoners, can be resolved.Regarding the new EIR and addition of new buildings, the City has been informed that it will be notified and have an opportunity to respond. Page 7 1--- CITY COUNCIL MINUTES MAY 10,1994 7. REPORTS FROM CITY MANAGER (Continued) Councilmembers discussed the parking problems in the area. Visitors are parking across the street where there is not fee. The Police Chief commented visitation is limited to three times per week and the Police Department is monitoring the pedestrians and the parking. The Sheriff's Department was asked to do the same. The whole area is a parking problem. The City Manager and Police Chief will keep Council apprised of this situation. The following people spoke in opposition to the expansion of the jail: Patricia Goldsmith, 2412 W. Almond Louise Hinton, 2422 W. Almond. Ms. Hinton asked the City to contact Cal Trans and instead of a sound wall, a security wall be erected to protect the neighbors. Bill Leming, 1400 E. Chapman Mayor Beyer asked the City Manager to check and see if Theo Lacy is releasing prisoners at the time when they say they are. 7.2 Status report from City Manager on investment policies and procedures. The City Manager reported the Investment Committee met April 26, 1994 to review the City's portfolio. The City Treasurer will deputize two employees. The Assistant City Manager and the Acting Finance Director will meet with Peate Marwick, auditing firm, to discuss the City's investment policies and practices and will report to Council. As a standard procedure, when the Deputy City Treasurer's are deputized, an audit will be completed in terms of activities which have gone on and to come to some point in time when some of the responsibilities switch so a time certain will be given. The investment portfolio with the County pool was reviewed. Approximately 25% of the City's portfolio was with the County which equates to $33,000,000. As the investment policy with the County was reviewed, it was determined that 87% of the funds they had invested are in reverse repurchase agreements. The City's policy does not allow the City to be involved with those types of investments. Because of this, the committee felt the exposure was too heavy and reduced the exposure and investment from $33,000,000 down to $20,000,000. It went from approximately 25% of the portfolio to 15%. When other investment opportunities occur, the City will ease out unless the County diversifies their pool. The City has had an ongoing relationship with several banks for a long period oftime. Within the next six months the committee will look at the relationship with the banks and put together a bid in order to allow the City to go out for banking services. Councilwoman Coontz asked if the proposal for two City Treasurer Deputies will strengthen the investment knowledge of the committee or replace the other members of the committee? The City Manager indicated there needs to be more flexibility in terms of the deputies. Regarding the committee, a report will be presented to Council with suggestions to broaden the investment committee, to include outside expertise. Page 8 I CITY COUNCIL MINUTES MAY 10,1994 7. REPORTS FROM CITY MANAGER (Continued) Bob Bennyhoff, 10642 Morada Dr., asked how much interest will be lost by switching from 30,000,000 to $20,000,000, and what will it cost to leave the County pool? The City Treasurer remarked he has not put an actual dollar figure on the interest lost because of the transfer. Some of the moneys were reinvested at over 7% yield which would not drop the interest lost significantly because the County was paying the City in the middle 7.5%. 7.3 Other reports from City Manager - None 8. LEGAL AFFAffiS TAPE 2123 8. 1 RESOLUTION NO. 8330 A Resolution of the City Council of the City of Orange upholding the decision of the Zoning Administrator of the City of Orange and denying a variance to allow creation of a lot containing less than the minimum lot size required by Code. (V1300.0)Variance 1964-94 Applicant: Joel Lorenz MOTION SECOND AYES ABSENT Barrera Coontz Barrera, Mayor Beyer, Coontz, Murphy Spurgeon That Resolution No. 8330 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 8331 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 moving of a residential structure onto property to be used as an accessory second unit upon property situated at 1901 West Palmyra Avenue. (C3300.0)Conditional Use Permit 2053- 94 Applicant: Anthony 1. Favreau MOTION SECOND AYES ABSENT iU Barrera Murphy Barrera, Mayor Beyer, Coontz, Murphy Spurgeon Page 9 CITY COUNCIL MINUTES MAY 10,1994 8. LEGAL AFFAffiS (Continued) That Resolution No. 8331 as introduced be adopted and same was passed and adopted by the preceding vote. 8.3 RESOLUTION NO. 8332 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 variance to allow an accessory second unit to exceed the maximum unit size allowed by Code. (V1300.0) Variance 1962- 94 Applicant: Anthony J. Favreau MOTION SECOND AYES ABSENT Murphy Barrera Barrera, Mayor Beyer, Coontz, Murphy Spurgeon That Resolution No. 8332 as introduced be adopted and same was passed and adopted by the preceding vote. 8.4 RESOLUTIONNO. 8334 A Resolution of the City Council of the City of Orange authorizing officials of the City to apply for bicycle and pedestrian funds pursuant to Senate Bill 821 and approving the adoption of a bicycle and/ or pedestrian plan for the City of Orange. (B5000.0)MOTION SECOND AYES ABSENT Barrera Coontz Barrera, Mayor Beyer, Coontz, Murphy Spurgeon That Resolution No. 8334 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 8335 A Resolution of the City Council of the City of Orange making declaration regarding surplus in Improvement Fund Number 591. (Assessment District 88-1) (TlI00.0)MOTION SECOND AYES ABSENT I Barrera Murphy Barrera, Mayor Beyer, Coontz, Murphy Spurgeon Page 10 CITY COUNCIL MINUTES MAY 10,1994 8. LEGAL AFFAIRS (Continued) That Resolution No. 8335 as introduced be adopted and same was passed and adopted by the preceding vote. 8.6 ORDINANCE NO. 9- 94 An Ordinance of the City Council of the City of Orange amending the Orange Municipal Code by adding Chapter5.43 to Title 5 pertaining to Tattoo Parlors. (A2500. 0)Discussion: Councilmembers asked if cosmetic tattoos that are performed in salons are included in this ordinance? Alex Soles, representing the Orange County Health Department, responded this type of tattoos were not included.It was also asked if removal of tattoos was a part of this ordinance.The City Attorney opined this ordinance does not have anything that would regulate those types of establishments. However, it must be assumed that under the Business and Professions Code of the State of California there are regulations that would take care of that. MOTION SECOND AYES ABSENT Coontz Murphy Barrera, Mayor Beyer, Coontz, Murphy Spurgeon That Ordinance No. 9-94 have first reading waived and set for second reading and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY NOTE: Councilman Spurgeon arrived at 4:15 P.M.10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, asked if the 1994/95 budget will include the rental assistance program for the people that live in mobile homes.The Manager of the Economic Development Division remarked the program was renewed February 1, 1994. This program is renewed every February 1st. Mrs. Walters will be notified of meeting dates for this program.Carole Walters complained that it is wrong a resident cannot get an agenda staff report or Council minutes without paying a lot of money. Mrs. Walters suggested when the agenda is put together extra copies be made up for the residents and they can pay 5 or 10 cents per page.The City Manager indicated he would review the policy and bring back a future report to include how many requests are being received, what the activity level is relating to copying and how many staff members receive the reports.Page 11 CITY COUNCIL MINUTES MAY 10,1994 10. ORAL PRESENTATIONS (Continued) Bob Bennyhoff, 10642 Morada Dr., requested the current status of the unobligated general fund reserve projected through July 1st. The City Manager indicated if all things go well there will be an estimated reserve of$15,000,000. There should be at least 20% set aside for operating reserves, emergencies, and miscellaneous. A report will be presented to Council on this issue. 11. RECESS MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 4:35 P.M. to a Study Session in the Weimer Room regarding the 1994-95 Budget. MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 5:20 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: National Advertisinl! vs. City of Oranl!e United States District Court Case No. CV 85-4968 TJH(Kx).Gutierrez vs. Citv of Oranl! e, Orange County Municipal Court Case No. 28-08-20.Citv of Oranl! e vs. Morelandand Associates. Orange County Superior Court Case No. 70-13-96.City ofOranl! e vs. Refco Securities. Inc., NASD Arbitration No. 92-03685.b. Conference with Legal Counsel--anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.9(c). c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6. City Negotiator: Orv Placial, Personnel Director. Page 12 CITY COUNCIL MINUTES MAY 10,1994 11. RECESS (Continued) Employee Organizations: Professional, Technical and Clerical; Water; Maintenance and Operations; Fire and Fire Management. d. 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 Dr. Paul Meyer, Salem Lutheran Church 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS a. Mayor Beyer announced he and his wife became proud grandparents for the fourth time. Mayor Beyer's daughter, Devon, gave birth to a daughter, 11 pounds, 14 ounces and 22 inches long named Kara Emily. b. The City Attorney announced after the Closed Session the City Council unanimously gave legal counsel direction to initiate litigation against the Orange County Sheriff in connection with his action to transfer maximum security prisoners to Theo Lacy Jail. The focus of the litigation will be on whether the Sheriff complied with State laws in that action. 12.3 INTRODUCTIONS The 1995 Miss Orange candidates were introduced. 12.4 PROCLAMATIONS - None 12. 5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 3310 13.1 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider funding recommendations and receive public comment regarding the City of Orange 1994-95 Community Development Block Grant (CDBG) Program. The City proposes to request and receive 1,215,000 ofCDBG funds, reallocate funding in the amount of$210,000 and carryover 649,165 for fiscal year 1994-95. (C2500.G.1. 3)MAYOR BEYER OPENED THE PUBLIC HEARING.Page CITY COUNCIL MINUTES MAY 10,1994 13. PUBLIC HEARINGS (Continued) The Community Development Block Grant Manager presented the following report: CITY OF ORANGE 1994.95 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING REQUESTS AND RECOMMENDA nONS Years' 1994-95 Entitlement Total Recommended Prior ReQuestine: Ae: encies Distribution Amount of ReQuest Distnbution Distnhution Carryover Citv Departml' nts Community DevelopmentlEconomic Development Administration and Contingency Fair Housing Council Fair Housing Program Small Business Loan Program Public Works ADA Improvements - Curbs Sewer Replacement Stonn Drain Replacement (Main Street.) Stonn Drain Replacement (Batavia Street) Storm Drain Replacement (Palm Avenue) Street Reconstruction Project (Cypress Street) Waterline Replacement Project 243.000 $ 226.008 $ -0- $ 226,008 16.992 16.992 -<). 16,992 50. 000 -<)- .0- -<).55.620 55.620 . 0- .55,620*44.115 44,115 - 0- 44.115 73.343 73.343 - 0- 73,343*59.875 -0- -0- - 0-127,800 127,800 - 0- 127.800 235,000 -0- -<)- -0- 231,000 53.460 210,000 263,460 184.000 199.440 -0- 199. 440 247.000 -<)- -0- -0-166.980 216,461 -0- 216,461 133500 133.500 -0- 133.500 Subtotal $ 1. 868,215$ 1.U6.i39 $ 210. 000 1.356.739 Community Services Graffiti Removal Program ADAImprovements - City buildings Police Department Foot Patrol Code Enforcement Officer Nonprofit A!! t'ndes Adam Walsh Child Resource Ccnter Safety EducationProgram $23. 544 $ -0. $ -0-$ -<).Advanced Resources for Fostcr Kids (ARK)Counseling Center 5.000 2.000 -0- 2,000*Assistance League of Orange Dental Health Center 7,500 7. 500 -<)- 7,500*Blind Children's Learning Center Bilingual Outreach Project 15.000 .0. -0- - 0.Central Orange County YWCA Facility Improvements 5.200 -0- -<). -<)-Child or Parental Emergency Services Multi-cultural Family Preservation Program 5.000 -0- .0. .0- The Clinica Nueva Esperanza Conununity Outrcach and Mental Health Treatment Centcr 150,000 -0- -<). - 0-Council of Grange County Society ofSt. Vincent DePaul Friends Outside Job Project 20.134 .0. - 0- -0-Eli Home Vocational Imaging Program 1. 500 -0. -0- -<)-Episcopal Service Alliance Martha House Women' s Shelter 30.000 10.000 -0- 10,000*Food Distribution Center Warehouse Workers Salaries 52.000 25,819 .0. 25,819*Friendly Stop, Inc.Tutorial Program for Gang Diversion 36.000 .0. .0. .0-Page 14 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) MAY 10,1994 H.O.M.E.S., Inc. Swidler House Utilities Esplanade House Rehabilitation Interval House Interval House Crisis Shelters Mariposa Women's Center Substance Abuse Counseling Olive Crest Treatment Centers, Inc. Refurbislunent of Olive Crest Group Homes Orange Cares Mary,Kitchen Orange Children & Parents Together, Inc. ADA Improvements to Play Yard Orange County Council on Aging Ombudsman Progam Orange County Youth & Family Services Amparo Youth Shelter People For Irvine Community Health (PICH) Referral Service Infoline Women's Transitional Living Center, Inc. WTLC Community Outreach Program YMCA Community Counseling Services (Irvine YMCA) Student Assistance Program 2,648 4,424 2,648 -0- 2,648* 4,424 -0- 4,424 0- .0- -0- 0- -0- -0. 6.000 -0- 6,000 0- -0- -0- 4.550 -0- 4,550 4,000 -0- 4,000* 0- -0- withdrawn 0- .0- -0- 1,320 -0- 1.320* 0- -0- -0- 68.261 $ -a-$ 68.261 1.215.000 $ 210.000 1.425.000 20,000 20,000 29,500 18.000 10,537 4,000 10,000 5,610 7,500 15000 Subtotal 498.097 GRAND TOTAL 2.366.322 Indicates Public Service Activities totaling cap of$182,250 The following people spoke: Melinda Everhart, representing Women's Transitional Living Center, P. O. Box 6103, Orange, urged the Council to support the recommendations of the committee. Council asked how many residents used this program. The Manager indicated they are providing services to 150 women and children, and of that 6% are Orange residents which would be 9 people benefited which equates to $13 7.00 per case. Beverly Nestande, 1800 E. Heim, representing Olive Crest, supported the committee's request for roof repairs at their home for toddlers on Garfield Avenue in Orange. THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the proposed City of Orange 1994-95 CDBG Program as recommended by the CDBG Committee. MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 15 CITY COUNCIL MINUTES MAY 10,1994 13. PUBLIC HEARINGS (Continued) Moved to authorize staff to request and receive $1,215,000 in 1994-95 CDBG funding from the United States Department of Housing and Urban Development, and reallocate funds in the amount of$210,000 for fiscal year 1994-95 budget of$I, 425, 000. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the request from the Community Development Department to carry over the 1993- 94 funding allocation of$100,000 for the Small Business Loan Program and the request from the Public Works Department to carry over $549,165 of the 1993-94 funding allocation for Street Reconstruction and Sewer Replacement Projects.13.2 ORDINANCE AMENDMENT 1-94, CITY OF ORANGE: TAPE 3790 Time set for a public hearing on petition by the City of Orange to consider the proposed ordinance amendment adding a provision to the Orange Municipal Code, Title 17 - Zoning Ordinance, to modify the non-conforming use provisions (Chapter 17.90) to allow rebuilding of a destroyed non-conforming residential structure if done within a specified time frame. (A2500.0)NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305.MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported this non- conforming provision has been broadened to allow for the replacement of residential structures even if totally destroyed. With the proposed revision, the property owner would have two years from the date of the damage to the structure whenever that might occur to begin construction to replace the non-conforming use.The Planning Commission recommended approval of the proposed ordinance amendment.The following people spoke in favor:T. J. Clark, 811 E. Chapman Avenue Carole Walters, 534 N. Shaffer St.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION SECOND AYES Murphy Coontz 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 CITY COUNCIL MINUTES MAY 10, 1994 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Ordinance Amendment 1-94 as outlined in Planning Commission Resolution No. PC- 13-94. TAPE 3995 13.3 CONDITIONAL USE PERMIT 2058-94, CHAPMAN GENERAL HOSPITAL:Time set for a public hearing on petition by Chapman General Hospital to consider Conditional Use Permit 2058-94 to allow the construction of building additions to expand the hospital.Subject property is located at 2601 E. Chapman Avenue. ( C3300.0)NOTE: Negative Declaration 1449-94 has been prepared to identify the potential environmental impacts of this project.MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported the request is for expansion of Chapman General Hospital and the use of a modular building on a temporary basis during construction.Chapman General Hospital is proposing to increase the square footage by approximately 50%.The Planning Commission recommended approval subject to conditions outlined in their resolution.The following people spoke:Dolly Windsor, 139 N. Wheeler, commented there is not proper ingress, egress to get to the hospital and medical buildings, and is unhappy with what the Traffic Division has done. Mrs.Windsor requested Loretta Street be shut down because it is no longer a viable street, but a alley or driveway for the CIGNA facility. Mrs. Windsor commented Loretta Street is a problem with the U-turns on Chapman Avenue into Wheeler. It is posted No U- turn, but is ignored. People are pulling a U-turn to go down Loretta Street. If Loretta were to be used as an egress only,there would be no reason to make the U-turn and would give the neighbors some relief The Director of Community Development indicated Loretta Street is not being addressed through this application, however some of the traffic from this project does take access via Loretta Street.The Director of Public Works commented Loretta Street will be needed in the future to provide on-site circulation with cooperation between all the medical facilities in the area It is a good idea that it becomes a private street and become part of the circulation and parking element for the whole complex. Historically there have been problems dealing with the multiplicity of ownership of CITY COUNCIL MINUTES MAY 10,1994 13. PUBLIC HEARINGS (Continued) Regarding the abandonment, the City would not be a proponent of the Loretta Street abandonment. The neighbors would have to initiate the abandonment. The posted signs for U- turns at that location will be reviewed. Council discussion ensued regarding the parking and V-turn concerns expressed. The City Manager was instructed, with Public Works and those involved, to review these concerns as a separate item and return with a report. The City Manager indicated the report will contain short and long term solutions.Speaking in favor of the project:Bob Mickelson, 320 N. Glassell, representing the applicant, commented the total activity will not increase proportionally to the square footage of the proposed expansion. A professional traffic analysis was completed indicating approximately 450 total ADTs from the expansion. The hospital does contribute to some of the U-turns. However, the hospital is working with all the facilities at this location to improve the onsite circulation and accessibility. When the project is completed the traffic will be directed to turn left on Y orba Street.Mr. Mickelson indicated he had met with Mrs. Windsor and will continue to resolve the concerns.It was confirmed there are problems with the left turns into Wheeler. Loretta Street has already been abandoned and belongs to the hospital. However, they have reciprocal easements with CIGNA and the medical building to the east and it is unsure if the hospital could commit to closing Loretta.Chapman General Hospital is committed to insisting that their employees park in the rear and leave the front parking lot open to clients. The hospital manages the building to the east and controls both parking lots.Gilbert Ortiz, 5751 Western Ave., Buena Park, employed at CIGNA Health Care, asked how traffic will coincide with costruction.Mr. Mickelson commented the left turn onto Yorba Street will not be closed.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Negative Declaration 1449-94 finding there is no substantial evidence that the project will have a significant impact on the environment or wildlife resources. Page 18 CITY COUNCIL MINUTES MAY 10, 1994 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Conditional Use Permit 2058-94 as outlined in Planning Commission Resolution No. PC-14-94. 14. PLANNING AND ENVIRONMENT - None 15. REPORTS FROM COUNCILMEMBERS 15. 1 Report from Councilman Spurgeon on the EI Toro Marine Base Reuse.Councilman Spurgeon reported at a recent meeting Dan Miner was retained as the Master Consultant. Mr. Miller has advised the City on its finances and has had experience with the Rancho Santa Margarita Water District as interim director. He win assist with the preparation of the three plans, one of which must include an airport. These win be forwarded to the Secretary of the Navy. Mr. Miner is also the interim chairman until the scope of work is presented with the plans. The next meeting is scheduled for June 8, 1994.16. ORAL PRESENTATIONS Fred Cunard, 1501 N. Broadway, Santa Ana, expressed his concern regarding the Horseshoe and Chess Club at Hart Park being charged a fee when use of other facilities at Hart Park are not being charged. Mr. Cunard indicated he would file suit in federal court for an injunction and damages if this is not changed.The Director of Community Services commented an agreement could be worked out with the people utilizing these buildings. Mayor Beyer requested a report on the situation.Larry Bonham spoke on chess game instructions.Carole Walters, 534 N. Shaffer, commented she is speaking for a lot of people in the community and their concerns.Page 19 CITY COUNCIL MINUTES MAY 10,1994 17. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 8: 15 P.M.a(]p~~MARILYN 1. NSEN( C~CITY CLERK GENE BEYER GENE BEYER MAYOR BA~~~e,..--~ . FRED L. BARRERAMAYOR PRO TEM Page 20