04-13-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 13, 1993
The City Council of the City of Orange, California convened on April 13, 1993 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 Regular Meeting
March 16, 1993 MOTION - Barrera
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz ABSTAINED - Murphy ACTION: Approved with
corrections.Adjourned Regular
Meeting March 22, 1993
MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz ABSTAINED - Murphy
ACTION: Approved.Regular Meeting March 23, 1993
MOTION - Coontz SECOND -
Barrera AYES -
Spurgeon, Barrera, Mayor Beyer, Coontz
ABSTAINED - Murphy ACTION:
Approved.PAGE 1
i--
CITY COUNCIL MINUTES April 13, 1993
1.3 APPROVAL OF MINUTES (Continued)
Adjourned Regular Meeting March 30, 1993
MOTION - Barrera SECOND -
Mayor Beyer AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz ABST AlNED - Murphy
ACTION: Approved.1.4
PRESENTATIONS! ANNOUNCEMENTS!
INTRODUCTIONS - None 1.5 PROCLAMATIONS Proclamation presented
to Nancy Gee,
Recycling Coordinator, Public Works Department,proclaiming April 18-24, 1993, "
Recycle Week" for the City of Orange.2.CONSENT CALENDAR TAPE
170 2.1 Declaration of
City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of April
13, 1993, 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
andDirector of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.
REMOVED AND
HEARD SEP
ARATEL Y)2.3 Request from
Orange Host Lions Club to sponsor the Lions May Festival, to be held May 7-9, 1993. Waiver
offees has been requested.(Continued from March 23, 1993)p1300.0.9)
FISCAL IMP ACT:
None. All fees will be paid by sponsor.DISCUSSION: The Police
Chief reported on a meeting held with the Lions Club and Carnival Time Shows
to discuss the May Festival carnival. It was by mutual agreement to withdraw their request.
Carnival Time Shows has submitted a letter requesting the return of their deposit
fees. Councilman Barrera requested a status report on the May Festival.PAGE 2
CITY COUNCIL MINUTES April 13, 1993
2. CONSENT CALENDAR (Continued)
MOTION - Coontz SECOND -
Barrera A YES -
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved the
request for a status report on the May Festival.REMOVED AND HEARD
SEPARATELY)2A Request from
First United Methodist Church to rent six permit parking stalls in the Orange Center Municipal
Parking Lot (P2500.0.9)FISCAL IMPACT: Annual
income of$120.00 per stall, for an annual total of$720.00.DISCUSSION: The Traffic
Engineer reported there are no provisions for reserved parking spaces. It
was recommended two parking permits be granted, and the City staff will work with
them to solve their problems regarding loading zones for passengers and freight MOTION - Spurgeon
SECOND -
Coontz A YES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy ACTION: Moved to approve staff's
recommendations.2.5 Request Council approve payments
by the Orange Redevelopment Agency, for plan check fees to purchase reports under Phase
I of the Seismic Engineering Report Purchase Program. (C2500.GA)FISCAL IMPACT: Sufficient
funds are available
in Account Number 928-9815-465802-9153 (Rehabilitation Grants-Seismic
Loan Program).ACTION: Approved.REMOVED
AND HEARD
SEPARATELY)2.6 Request
to amend the 1992-93 Community Development Block Grant Program to allow change in
project scope and additional funding for the Rehabilitation Institute of Southern California (RIO). (
C2500.G.l.3)FISCAL IMP
ACT: Sufficient funding is available for this purpose in the RIO Exterior Painting Project
Account Number 310-6050-775100-1305. No additional
appropriation
requested.MOTION - Coontz
SECOND - Barrera A
YES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy PAGE 3
CITY COUNCIL MINUTES April 13, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Moved to remove this item from the Agenda for further clarification..
2.7 Request to approve a Homeowner Participation Program Grant and authorize Finance
Department to prepare a check in the amount of $2,000.00. (C2500.G. 1.3.1)
FISCAL IMPACT: Sufficient funds are available in Account Number 316-
6053-427800-1221 (Homeowner Participation Program).
Case #553.
ACTION: Approved.2.8 Request to approve a Homeowner Participation Grant and authorize
the Finance Department to prepare a check in the amount of$I,987.50. (C2500.G.1.
3.1)FISCAL IMPACT: Sufficient funds are available in Account
Number 316-6053-427800-1221 (Homeowner
Participation Program).
Case #552.ACTION: Approved.2.9 Request to approve a Homeowner Participation Program Grant
and authorize the Finance Department to prepare a check in the amount of$2,000.00. (C2500.
G.1.3.1)FISCAL IMP ACT: Sufficient funds are available
in Account Number 316-6053-427800-
1221 (Homeowner
Participation Program). Case #554.ACTION: Approved.2.10 Request Council approve Contract Change Order No.
2 and Final to Tracy & Ryder Landscapein the amount of$26,
734.37. (A2100.0.Agr 1881)FISCAL IMPACT: There is no additional impact on City'
s budget since the project
is funded
with Assessment District Funds.
ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.11 Request Council, by motion, approve
Newport (55) Freeway Maintenance agreement with the State of California and authorize the Mayor and City Clerk
to execute on behalf of
the City. (A2100.
0.Agr
CITY COUNCIL MINUTES April 13, 1993
2. CONSENT CALENDAR (Continued)
DISCUSSION: Councilwoman Coontz requested information regarding the possibility of
a landscape agreement with Cal Trans after the widening of the 55 Freeway.
The Traffic Engineer reported a landscaping plan will be reviewed on April 14, 1993 for
the first increment of the 55 Freeway improvements from 17th Street to the 22 Freeway.
The City's area of influence is around Fairhaven Street. However, the next three phases
going north will be within the City of Orange. Council will be apprised of the
recommendations as they proceed.
MOTION - Coontz SECOND -
Murphy A YES -
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Authorized Mayor
and City Clerk to execute on behalf of the City.2.12 Authorize
the Mayor and City Clerk to execute Agreement between the City and the Law Offices of Rourke,
Woodruff & Spradlin for legal services. (A2100.0.Agr.2070)FISCAL IMPACT: None.
ACTION: Authorized Mayor
and City Clerk to execute on behalf of the City.2.13 CLAIM
FOR DAMAGES FROM:C3200.0)Don
Howard Paul (
X-Ref: Steinberg)Lisa Monte
Roberta Bleier
FISCAL IMPACT:
None.ACTION: Denied
claims and referred to City Attorney and Adjuster.2.14
Request approval of Memorandum of Understanding with Orange Disposal Services,Hambarian Properties
and Recycle Orange regarding construction, financing and operation of a
solid waste materials recovery facility at 2050 North Glassell, to process all trash collected in
the City of Orange. (A2100.0.Agr 2071)FISCAL IMP
ACT: $6.5 million over a ten-year period, to be financed through sanitation fee
increases.ACTION:
Authorized Mayor and City Clerk to execute on behalf of the City.2.
15 Request approval of Amendment No. 13 to the "Trash and Garbage Contract"A2100.
0.Agr 119.Q)FISCAL
IMP ACT: No change in Fiscal Year Budget.PAGE
5
CITY COUNCIL MINUTES April 13, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
MOTION - Spurgeon SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Items 2.3,
2.4, 2.6 and 2.11 were removed and heard separately. All other items on the Consent Calendar were
approved as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER- None 4.REPORTS FROM
COUNCILMEMBERS TAPE 431 4.1 Council
discussion on the Statement of Values and Ethics. (Continued from March 23, 1993) (
C2500.A)Councilwoman Coontz reported
a meeting was held at the League of California Cities,and the speaker
discussed the City of Los Angeles' ethics ordinance. Councilwoman Coontz obtained a
copy of the ordinance for review. The City's present version of the Statement of Values
and Ethics does not need any changes; it could be reprinted,included in the
Employees Handbook, and distributed to all new employees,commissions and committees.
The Ethics Statement could be revisited at a later date.Councilman Barrera commented
the State of California is also coming out with an Ethics Statement, and
asked if it would conflict with the City's? The City Attorney indicated it would
not.MOTION SECOND AYES
Coontz
Spurgeon
Spurgeon,
Barrera,
Mayor
Beyer, Coontz, Murphy Moved to accept the
Ethics Book as it is put together, and include it in the Employees Handbook for distribution.5.
REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None PAGE 6
CITY COUNCIL MINUTES April 13, 1993
6.ADMINISTRATIVE REPORTS TAPE 561
6.1 Receive and file financial audit of Youth Alternative Program. (Report on file in
the City Clerk's Office.) (C25oo.N)
The Community Services Manager reported the certified public accounting firm of
Mark McCallick was hired to perform the financial audit. They found the financial
statements of the Youth Alternative Program are consistent with general accounting
practices and that no reportable conditions are believed to be material weaknesses.
MOTION
SECOND
AYES
Spurgeon
Barrera Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
receive and file the report.TAPE 631
6.2
Receive and file Status Report on (amendment to) OMC - Home Occupation.Report on file
in the City Clerk's Office.) (A25oo.0)The City Attorney
reported the Home Occupation Ordinance adopted by the City Council reduced the
amount of storage that could be utilized in a garage and prohibits using a residence
as an assembly point for workers and certain outside storage. It did not prohibit industrial
type uses in residential areas.The prohibition of
all industrial uses would alter the fundamental of the Home Occupation Permit system
in the City, and would strictly limit the home occupations to offices only. Staff
is studying regulations from other cities on this issue and will return to Council with
recommendations and restructuring of the ordinance.Councilwoman Coontz asked
if staff had researched the minutes to find out what the intent of the
original ordinance, and the intent of the council was at that time, in placing the ordinance into
effect. Concerns have been expressed from residents that they do not appreciate having
a residential neighborhood, for example R-1, R-8, R-1-10,
with those uses visible, and want to know will they be contained behind the garage
door.This needs to be discussed. Mayor Beyer instructed the City Attorney to research
the minutes and return with a
report.Bob Bennyhoff, 10642 Morada Dr., spoke in favor of the Future Farmers of America
and their school projects and how it would apply to this
ordinance.Jack Payne, 702 E. Adams, commented on an article published April 9, 1993 in
The Register regarding this issue, and played an abusive tape recorded message
received on his home answering
device.PAGE
CITY COUNCIL MINUTES April 13, 1993
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Spurgeon
Murphy
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved
to receive and file the report.TAPE
975 6.
3 Request Council approve use of Rule 20A Funds for Undergrounding Electrical Lines. (
Report on file in the City Clerk's Office.) (C2500.M.13)The
Director of Public works presented the report and indicated the Southern California
Edison Company is willing to advance monies in an effort to shorten the time
frame for the following projects:Project
TustinjKatella
Ave.LaVeta,
Bedford to Flower Chapman,
Main to Flower LaVeta,
Cambridge to Parker Cost
3,
000,000 200,
000 500,
000 700,
000 Time
Frame 1993-
1997
1995-
1998
1997-
2000
1999-
2002
MOTION
SECOND AYES
Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz,
Murphy Moved to approve the schedule, and instruct staff to proceed to implement it as
quickly as possible by preparing a Resolution of Intent and public hearing for the
Tustin StreetjKatella Avenue transmission
undergrounding.ABSTAINED - The following Councilmembers, who own property within the legal
required distance of the projects, abstained from voting on the following projects:
Councilwoman Coontz - Tustin StreetjKatella Avenue project Mayor
Beyer - La Veta Avenue, Cambridge to Parker Councilman Spurgeon -
Chapman Avenue, Main to Flower, and La Veta Avenue,Bedford to Flower
TAPE 1344 6.
4 Request
Council, by motion, approve the elimination of the equivalent of 80.3 full time positions
as of July 1, 1993. (Report on file in the City Clerk's Office.)C25oo.J.4)
PAGES
CITY COUNCIL MINUTES April 13, 1993
6. ADMINISTRATIVE REPORTS (Continued)
The City Manager introduced department heads who gave a brief presentation on the
impacts of the proposed elimination of 80.3 full time positions, which would reduce
next year's budget costs by $4 million.
The City Manager concluded with the following policy alternatives: 1) Implement a 5-
1/2% utility users tax, which would create enough revenue to maintain current levels
of service and the current number of employees on the work force. 2) Exempt
reductions in staffing in the Police and Fire Departments from the proposed cuts but
continue the furlough and impose layoffs in the other departments if a 4-1/2%
utility users tax were implemented. 3) Leave Police and Fire staffing intact, with
the exception of eliminating the brush rig in the Fire Department, a 4% utility users
tax would be required. 4) Maintain the current force of 139 sworn Police Officers
while making all other recommended cuts with a 3-1/2% utility users tax. 5)
After making all ofthe recommended cuts that have been discussed, a 3% utility users
or its equivalent would be required to maintain a balanced budget in the
foreseeable future.The only alternative to increasing revenues would be to make
additional service reductions beyond
those discussed.Council discussed the following: 1) There needs to be comparisons on what
the effects of specific cuts are, and how to operate more efficiently. 2) Are there
duplication of services? 3) Some of the comparative cuts would impact departments in the
way the duties are being transferred to other departments. Is there an acceptance of
the transfer of duties by departments? 4) There were certain suggested cuts that
could impact revenue, and what are the effects on revenue. 5) Look at cost savings
by department.6) Investigate other communities sharing costs for the Crisis
Intervention Counselor that use his services. 7) Many managers and department heads have
good ideas regarding privatizing, consolidation with other public agencies and others
that should be brought to Council for discussion. 8) Meet with department heads
to discuss Council's goals, objectives and ideas. 9) Requested by April 20th
Council meeting,what year will this take department staffing service levels to, with
the proposed elimination of jobs? Also, look at the growth path since that level, and where it
is today in 5 year increments. 10) City Manager to furnish savings information
if Code Enforcement is merged with the Police Department, and Community
Services merged with
Public
Works?
MOTION
SECOND AYES
Coontz
Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
PAGES
CITY COUNCIL MINUTES April 13, 1993
6. ADMINISTRATIVE REPORTS (Continued)
Moved to confirm the layoff list with the exception of the Police and Fire Departments.
The Police Department has taken a hit already with further hits that have been
prescribed. Our community is concerned about crime. This area needs to be reviewed
more with the Police Chief. As far as the Fire Department is concerned, there is a
question about some of the possible retirements, which would make a change in the
numbers. Separate those two departments from the elimination list and move ahead.
MOTION
SECOND
AYES
Coontz Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to schedule
Apri120, 1993,7:00 P.M. to discuss with the Department Heads the following: 1) Program
and Service Matrix, 2) Mandated Programs, 3) new ideas for consolidation with other
public agencies, 4) privatization opportunities, and any other issues the Department Heads
would like to share.TAPE 4211 6.
5 Direct
the City Clerk to publish the required legal notices to set Public Hearing for a proposed
utility users tax. (T11oo.0.3)The Revenue Manager
reported the proposed action is not a commitment by the Council at this
time, it is proposed to publish a 6% tax rate which can be adjusted any time between now
and then through the public hearing process, which is scheduled for June 15, 1993
at 7:00 P.M.Staff was instructed
to send the legal notice to Council for their comments before it is published.Carol Walters,
534
N. Shaffer, discussed other costs to bring in revenue such as charging for zone
changes.MOTION SECOND AYES
Spurgeon
Coontz
Spurgeon,
Barrera, Mayor
Beyer,
Coontz, Murphy Moved to direct the City
Clerk to publish the required legal notices to set a public hearing for a proposed 6%
utility users tax.Councilman Spurgeon commented he will
withhold any position on this until the public hearing and public comments
are heard.PAGE 10
CITY COUNCIL MINUTES April 13, 1993
6. ADMINISTRATIVE REPORTS (Continued)
Councilwoman Coontz commented this does not indicate that she's for this. She has
received a mountain of information about the projections for a loss of revenue in the
coming year and what will happen at the end of 1994. It has to be made clear, that
doing anything of this nature, is something that this Council is doing reluctantly.
TAPE 4952
6.6 Direct the City Clerk to publish the required legal notices to set Public Hearing
for a proposed business license tax on rental properties of more than four units.
T11oo.0.4)
The Revenue Manager reported the public hearing date would be scheduled for June
15,1993 to coincide with the budget adoption process.
The following people spoke:
Alice Clark, 205 N. Pine, representing the Orange Taxpayers Association, asked for
clarification regarding what the first four units means? The Revenue Manager
responded, the fee would be $25.00 per year for units one through four, and $5.00
additional for each additional unit over that.
Will Chambers, 242 S. Olive, expressed comments from Rick Lambrose of the Orange
County Apartment Association. They are not in favor of a license for rental properties.
Will the $80,000 take in what the City is getting from the 16 unit complex that has a
business license and pays on their gross rents, or with the addition of the new business
license? The Revenue Manager commented, he would get back to Mr. Lambrose with
an answer.
Mr. Chambers requested the legal notice to read, "Direct the City Clerk to publish the
required legal notice to set public hearings for a proposed business license tax on rental
properties, and drop, of more than four units. The Revenue Manager felt there was no
problem with that request.
Geneva Fulton, 1801 N. Greenleaf, Santa Ana, inquired if commercial property would
be included. The Revenue Manager commented there is currently in the ordinance a
business license fee for commercialj rental property which will be enforced
immediately.
Larry Lykins, representing Clerical, Professional and Technical Labor Union, suggested
Council consider job sharing, an incentive for employees to leave the City voluntarily,
and have an actuarial study done on the insurance reserves.
PAGE 11
CITY COUNCIL MINUTES April 13, 1993
6. ADMINISTRATIVE REPORTS (Continued)
The Acting Finance Director reported an actuary was completed on the reserves for
liability workers comp in all the self insurance funds. As a result of that study, part of
the recommendation for the coming budget will be to transfer approximately $5 million
dollars to the General Fund.
MOTION
SECOND
AYES
Spurgeon
Coontz
Spurgeon,
Moved to direct the City Clerk to publish the required legal notices to set public
hearing for a proposed business license tax on rental properties.
TAPE 5779
6.7 Staff Report on Graffiti program. (Report on file in the City Clerk's Office.)
C25oo.N.4)
The Community Services Manager presented the report. Council discussed the lack of
a provision to make the parents participate and pay if the child cannot. The City
Attorney recommended Council adopt first reading of the ordinance and, amend it at a
later time to include parent participation. Ordinances from other cities will be
reviewed regarding this issue.
Geneva Fulton, 1801 N. Greenleaf, Santa Ana, remarked there should be an award
program included in the program, and a curfew for youths.
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Approve the Graffiti
Program in the amount of $197,000.00. Direct staff to budget 139,500.00
for Fiscal Year 93/94 of General Fund monies, and redirect $11,000.00 of carryover monies that
were previously identified for the Youth Alternative Program,and apply them
to this program. Direct staff to prepare a contractual agreement with the Orange County
Youth and Family Services Division Program, effective July 1, 1993,and staff is
to prepare the specifications for contractual services for graffiti removal.7. REPORTS FROM
CITY MANAGER - None 8.LEGAL AFFAIRS TAPE
6683 8.1 ORDINANCE NO.
2-93 An Ordinance of
the City Council of the City of Orange adding Chapter 8.26 to the Orange Municipal Code
regulating the use of leaf blowers in residential areas.A2500.0)PAGE
12
CITY COUNCIL MINUTES April 13, 1993
8. LEGAL AFFAIRS (Continued)
MOTION - Spurgeon SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz ABSTAINED - Murphy That
Ordinance No. 2-
93 have second reading waived and same was passed and adopted by the
preceding vote.8.2 RESOLUTION
NO. 8164 A Resolution of
the City Council of the City of Orange approving Tentative Tract Map No. 14752 to
allow the subdivision of approximately 33 acres located west of Tustin Street, north of
Fairway Drive and Conditional Use Permit No. 2006-93, permitting the creation of
lots without direct access to a public street. (T4000.0)Santiago Creek
Associates (Sycamore Crossing)Discussion: Frank
Elfend, Elfend and Associates Inc., recommended the following changes:Condition No.
18 the wording that Mr. Elfend presented at the public hearing on March 16, 1993 was omitted.
Mr. Herrick admitted this was the case and the word "applicable" would be reinserted in
the third sentence after the word all.Condition No.
37 was amended to read as follows: "That a minimum 80 ft. by 60 ft. graded well site with
an ingress, an egress, and utility easement be dedicated to the City of Orange. The well site shall
be located such that a well can be constructed a minimum of fifty feet from the nearest sewer line.
The location of the well site shall be mutually agreed upon by the City and the Developer. Provisions
for utility service shall be provided to the property line, including a 3 phase 480 volt
electrical service, and 4 inch electrical and 2 inch telephone conduits. A drain line with a minimum capacity
of8 C.F.S. shall be constructed from the well site to a storm drain. Developer shall provide
said well site prior to final map approval as set forth in the Development Agreement.MOTION - Spurgeon
SECOND - Barrera AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz ABSTAINED - Murphy That Resolution No.
8164 as introduced
be adopted and same was passed and adopted by the preceding vote, with amendments as agreed
upon by Mr. Elfend and the Director of Public Works.8.3 RESOLUTION NO. 8165
A
Resolutionof the City Council
of the City of Orange finally accepting the completion of a certain public work and
improvement; Bid No. 923-10; Silvia Construction; Street Maintenance 1991-92, Phase II. (
A2100.0.Agr 2030)PAGE 13
CITY COUNCIL MINUTES April 13, 1993
8. LEGAL AFFAIRS (Continued)
MOTION - Coontz SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz ABSTAINED - Murphy That
Resolution No. 8165
as introduced be adopted and same was passed and adopted by the preceding vote.8.4
RESOLUTION NO.
8167A Resolution of the
City Council of the City of Orange finally accepting the completion of a certain public
work and improvement; Bid No. 912-12; Tracy & Ryder Landscape,Inc.; Santiago Hills
Street Scenes; A.D. 86-1. (A2100.0.Agr 1881)MOTION SECOND
AYES
Coontz
Spurgeon
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy That Resolution No. 8167 as
introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION
NO. 8168
A Resolution of the City
Council of the City of Orange commending Arden 1. (Pete)Pedersen for more than twenty-
four years of loyal and dedicated service to the City of Orange. (C2500.H)MOTION
SECOND AYES Mayor
Beyer
Barrera
Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy
That Resolution No. 8168 as introduced be
adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 8169
A Resolution
of the City Council of
the City of Orange protesting the State cutbacks against Local Government. (S3500.A)MOTION SECOND
AYES Coontz Barrera Spurgeon, Barrera,
Mayor
Beyer,
Coontz,
Murphy PAGE
14
CITY COUNCIL MINUTES April 13, 1993
8. LEGAL AFFAIRS (Continued)
That Resolution No. 8169 as introduced be adopted and same was passed and adopted by the
preceding vote.
8.7 ORDINANCE NO. 4-
93 An Ordinance of the City Council of the City of Orange repealing and deleting
Chapter 8.37 of the Orange Municipal Code (OMC) and adding Chapter 8.37 relating to
graffiti.C2500.
NA)
MOTION
SECOND
AYES Coontz
Spurgeon Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Ordinance
No. 4-93 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 - None 11. RECESS
The City
Council recessed at 6:25 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. DLO Securities, et al., United States Court Case No. SACV 92 498
GLT.City of
Orange vs Donald D. Greek, Orange County Superior Court Case No.642701.Mochizuki
et
al vs City of Orange, U. S. District Court Case No. SACV 92 498 LGT.City
of
Orange vs. County of Orange, Orange County Superior Court Case No.68 1889
b. To
confer with its attorney to decide whether to initiate litigation 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.d. To
confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.
9(b)(I).e. To
consider and take possible action upon personnel matters pursuant to Government Code Section 54957.
f To
give instructions to its negotiator in connection with the purchase, sale, exchange or lease of real
property pursuant to Government Code Section 54956.8.PAGE 15
CITY COUNCIL MINUTES April 13, 1993
CLOSED SESSION (Continued)
Note: The City Attorney added the following properties at: 1515 E. Walnut, Linda Boone; and
11841 Prospect, John Macuda.
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 - Pastor Dave Daniel, Calvary Chapel 12.
1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.
2 ANNOUNCEMENTS - None 12.3
INTRODUCTIONS - None 12.4 PROCLAMATIONS
Presentationof proclamation
to Mr. Charles "Pete" Maddox, Vice President, Rancho Santiago College Board
of Trustees, in celebration of National Community College Month.12.5
PRESENTA
TIONS a. Oath of
Office for New Councilmember - Mark Murphy. The City Clerk re-administered the Oath of
Office to Mr. Murphy (previously sworn in on March 31,1993).The City Council
recessed
at 7:15 P.M. to a reception for newly appointed Councilman Murphy, and reconvened at
7:30 P.M. Mayor Beyer announced he paid for the reception expenses; it did
not come out of City funds.b. Reorganization of Council
and appointment of Mayor Pro Tern.MOTION - Spurgeon SECOND - Murphy
AYES - Spurgeon, Mayor
Beyer, Coontz, Murphy
ABSTAINED - Barrera Moved to appoint Councilman Barrera
to serve out
William Steiner's term as Mayor pro tern.c. Presentation of check by Orange International
Street
Fair Committee for City services during the 1992 Street Fair.Judy Sollee, 821
VanBibber, President of the Orange
International Street Fair and Carroll Johnson, Secretary, presented the City a check
for $55,697.33 from the 1992 fair.PAGE 16
CITY COUNCIL MINUTES April 13, 1993
13.PUBLIC HEARINGS TAPE 811
13.1 ZONE CHANGE 1156-92, GENERAL PLAN AMENDMENT 4-92, DR.'
S JUAN AND DORIS ARAUJO: (
Z15oo.0)Time set for a public hearing on petition by the City of Orange for Dr.'s Juan
and Doris Araujo, to consider a request for a zone change from R-1-10
to R-1-40; and an amendment to the General Plan Land Use Map from
LDR (2-6 dwelling units per acre)to ESTR (0-2 dwelling units per
acre). The proposal is intended to reconcile an approved residential subdivision
with the Orange Park Acres Plan. No further subdivision of property is proposed.
Subject property is five residential parcels in Tract 1429310cated on the south side of
Lewis Drive along Kimbark Lane, a private street.NOTE: In conformance
with the provisions of the California Environmental Quality Act (CEQA), Negative
Declaration 1419-92 has been prepared
for this project.MAYOR BEYER OPENED THE PUBLIC
HEARING.The Director of Community Development presented the report.THERE
BEING
NO
SPEAKERS,
MAYOR
BEYER
CLOSED THE PUBLIC HEARING.MOTION SECOND AYES
Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to find that Negative
Declaration 1419-92 including the initial studies is in conformance with the provisions
of CEQA. The project will not have
a
significant
adverse
impact
on the
environmental wildlife resources.MOTION SECOND AYES Murphy
Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Zone
change 1156-92
as
outlined
in
Planning Commission
Resolution No.
PC-81-92.MOTION SECOND AYES Murphy
Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve General Plan
Amendment 4-92
as outlined
CITY COUNCIL MINUTES April 13, 1993
13. PUBLIC HEARINGS (Continued)
TAPE 957
13.2 APPEAL NO. 407, CONDITIONAL USE PERMIT 2000-93, DENNIS
MUTH AND KIRK DETTLOFF: (A4000.
0)Time set for a public hearing on petition by Dennis Muth and Kirk Dettloff to
appeal the decision by the Planning Commission on February 17,1993 denying
Conditional Use Permit No. 2000-93 to allow the construction of a two-story
duplex located within the R-2-6 (Residential Duplex, minimum lot size 6,000 sq.
ft.) district, which is bordered on three sides by single-story development. Subject
property is
located at 373 North Center Street.NOTE: This item is categorically exempt
from the provisions of the California Environmental Quality Act (
CEQA) per CEQA Guidelines, Section 15305.APPELLANT STATES
THE FOLLOWING REASONS FOR THE APPEAL:We feel it is necessary to appeal the decision
of the Planning Commission hearing of February 17, 1993. After reviewing
Old Towne guidelines and zoning regulations,plans began, were presented to the Design Review
Board and twice revised. We are upset by the denial, especially since we
face Chapman University's three-story concrete building. Also, because none of our
neighbors have opposed us. Considering we have patiently complied with all criteria, we would like to
be heard by the City Council. We feel the City, our neighbors, and Chapman
University will only benefit by our
efforts."MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of
Community Development gave the presentation, indicating the Planning Commission had concerns regarding the
proposed unit sizes and mass of the structure is incompatible with existing development
in the area. The site plan design may cause internal circulation
problems having
a corresponding negative
impact on public safety.Speaking in
favor:Dennis Muth, 373 N. Center
St.Carol Walters, 534 N. Shaffer
St.Their concerns were expressed as follows:Cars can back out from any of the garages. If cars
are parked in both the open spaces,there is enough room on the 10-12 ft.
driveway to drive past the cars. The tree overhangs the driveway, and
the planter is 8 ft. from the wall.The traffic problem is not being
generated
from the
CITY COUNCIL MINUTES April 13, 1993
13. PUBLIC HEARINGS (Continued)
The Fire Chief was asked if there were any problems getting to all the units and
driveway accessibility if a fire should occur? The Chief answered the Fire Department
could reach the structures from the street and not use the driveway.
Speaking in opposition:
Richard Cavecche, 275 N. Shaffer
Dan Slater, 278 N. Pine, representing Old Towne Preservation Association, read letter
for the record.
Shawn Murphy, 378 N. Shaffer
Timothy Ault, 368 N. Shaffer
Shannon Tucker, 556 E. Culver
Their concerns were expressed as follows:
Opposed to the size of the unit because it will overshadow neighbor's backyard.
Because a categorical exemption was filed for this project, any adverse impacts on the
basis of bulk and mass, historic context and the cumulative impacts of successive
projects have not been identified and! or mitigated through adequate environmental
review.
This will set a precedence if approved.
The City Attorney, who is in receipt of a letter sent by OTP A's attorney, commented, if
Council is going to make a finding regarding a historical significance of this structure,
or the cumulative impacts, there has to be some evidence in the record on which to base
that finding.
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Coontz Spurgeon
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
send this project back to the Planning Commission for consideration of improvements to
the circulation, square footage, bulk and mass, and open space.14. PLANNING
AND ENVIRONMENT - None PAGE 19
CITY COUNCIL MINUTES April 13, 1993
15. ORAL PRESENTATIONS
Robin Barnes, 757 N. Adele, #4, commented she is receiving parking tickets because of
the No Parking on Street Sweeping Day regulation, and other people are parking cars
in the alley and in front of the garages. Ms. Barnes was instructed to talk to the
Director of Public Works.
Larry Bonham, commented cars are dominating our lives.
16. ADJOURNMENT
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to recess
at 8:45 P.M. to Executive Session to finish discussing the items as listed on the Agenda.
The City Council adjourned at 9:30 P.M.Vi. ! /)-,f:~7 ...>'.-<' (;'.. /<:,,/
1/ "
MA~
II::~
EiSSEi,{ CMt !/"17'
f-4!/CITY CLERK J 9t~~/
GENE BEYER
L-/
MAYOR PAGE 20