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06-08-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA JUNES, 1993 The City Council of the City of Orange, California convened on June 8, 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 May 25, 1993.MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.Adjourned Regular Meeting June 1, 1993.MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 71 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of June 8, 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.PAGE 1 CITY COUNCIL MINUTES JUNE 8, 1993 2. CONSENT CALENDAR (Continued) 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in paymentofdemands. ACTION: Approved. 2.3 Request the City Council approve Parcel Map No. 92-100 and accept the dedication of Tustin Street. Location: West side of Tustin Street :t 342' South of Chapman Avenue.C2500.M.16. 1)FISCAL IMPACT: None.ACTION: Approved.2.4 Approval of letter agreement with Best, Best & Krieger regarding waiver ofpotentialconflictofinterestinlegalrepresentationrelatingtoproposedpurchaseoftheCity' s interest in the Allen-McColloch Pipeline to the Metropolitan Water District.A2100.0. Agr 2085)FISCAL IMPACT: None. ACTION: Approved.2.5 Request approval for Orange Police Department to enter into an agreement with the Mall of Orange for facilities use for C.O.P.S. Expo '93. (A2100.0.Agr 1372.E)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.REMOVED AND HEARD SEPARATELY)2.6 CLAIM FOR DAMAGES FROM: ( C3200.0)a. Marc Sleenhof b. Alice Wong FISCAL IMPACT: None.Discussion: Council requested that in the future a status report be given to them on all settlement of claims. The City Attorney indicated he would provide a report listing of the type of case and how it was resolved. Also, their packets should include a brief description of the listed claims.MOTION - Barrera SECOND - Mayor Beyer AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 2 CITY COUNCIL MINUTES JUNES, 1993 2. CONSENT CALENDAR (Continued) ACTION: Moved to deny claims and referred to City Attorney and Adjuster. 2.7 Request Council approve execution of escrow papers concerning the purchase of two strips ofland and a corner cutoff located at 890 N. Cambridge. (A2100.0.Agr.2086) FISCAL IMPACT: $30,000.00 is budgeted in the Traffic Improvement Fund for this project. ACTION: Authorized Mayor and City Clerk to execute on behalf of City. 2.8 Request Council approve authorization for advertising to invite bids for parking lot excavation and grading at Yorba Medical complex proposed parking site. (p2500.0.9) FISCAL IMP ACT: $70,000.00 is budgeted in Street Improvement Fund for this project. ACTION: Approved. 2.9 Request from National Multiple Sclerosis Society to hold the MS150 Bike Tour fund- raiser cycling event on October 2, 1993. (p1300.0.9) FISCAL IMP ACT: None. ACTION: Approved. REMOVED AND HEARD SEP ARA TEL Y) 2.10 Recommend Council approve an agreement with the County of Orange and the City for outside reprographic services. (A2100.0.Agr.2087) FISCAL IMP ACT: There are sufficient funds available in department accounts to absorb the County costs. Discussion: Councilmembers discussed the printing facility and operations with a number of privatizing ideas at a recent study session, and asked if a package would be brought to Council to ascertain which of the proposals would be best. The Director of General Services indicated a committee is meeting to discuss the proposals and will present its findings to Council at a later date. This item is necessary as a temporary measure because of the cutbacks incurred in the print shop. MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.Page 3 CITY COUNCIL MINUTES JUNES, 1993 2. CONSENT CALENDAR (Continued) 2.11 Request from County of Orange for waiver of 60-day notice of license for space at 365 E.River Ave. for the Health Care Agency's Child Immunization Clinic.A2100.0.Agr.1678. B)FISCAL IMPACT: None.ACTION: Approved.MOTION - Mayor Beyer SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2. 6 and 2.10 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 TAPE 226 3.1 Confirmation of Planning Commission appointment. (Continued from May 18 and May 25, 1993.) (C2500.G.2.5.1)MOTION SECOND AYES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to continue this item to June 15, 1993,3:00 P.M. Session.4. REPORTS FROM COUNCILMEMBERS Councilwoman Coontz reported during the past years, fees for City services have been raised and public hearings have been held to discuss future fee schedules. It was brought to Councilwoman Coontz's attention that departments across the City are playing an arbitrary game with fees that are already in existence. People have been complaining about the fact that this is an undemocratic approach. It is embarrassing to have Council make policy decisions and then have the policy decisions not carried out.One of the reasons for the fees is the budgetary situation the City is in, and the fees are one of the means to increase the revenue, and to have these fees represent the actual cost of services the citizens enjoy. Some of these fees have been dismissed at all different levels of the department by Page 4 CITY COUNCIL MINUTES JUNES, 1993 4. REPORTS FROM COUNCILMEMBERS (Continued) remarks, "Well, we've been giving this service to him for all the years that he's lived in Orange," or This is an old timer," or," This is the good group and they do good work for the community." This is happening in Redevelopment, Building Department, Community Services, and a few other departments. Mayor Beyer instructed the City Manager to investigate the problem in all departments. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS TAPE 331 6. 1 Request the City Council modify the City's historic tree list to allow relocation or removal of the tree at the southeast corner ofYorba and Chapman (Lucky Stores).Continued from May 18, 1993.) (HI500.0)Dave Weigel, 6565 Knott Ave., Buena Park, representing Lucky Stores, commented they are proposing the tree be relocated by Valley Crest Tree Company on the same site. It was further proposed the store be expanded to 12-15,000 sq. ft. and retain and upgrade all the existing shops with landscaping. Mr. Weigel responded to an L. A. Times article with inaccurate comments. Lucky Stores is contemplating the purchase of the shopping center, if the tree can be relocated, which will enable the expansion and upgrading of the other stores. Brian Hogan, 6565 Knott Avenue, Real Estate Manager, commented on the need for food services to the community with the closing of Albertson's Store on East Chapman. Stuart 1. Sperber, 241 N. Ventura Blvd, Calabasas, President of Valley Crest Tree Company, commented on the company's history and experience of moving trees. The subject Ficus Macrophylla has been viewed and is a healthy, viable candidate to be relocated. Mr. Sperber commented on the following moving procedures: I) There would be some initial pruning into the structure of the tree; 2) Root prune the tree, which is an important part of moving a tree; 3) Side box the tree, without a bottom, and let it sit for approximately a minimum of four months; 4) The roots are hand cut, sealed, and the tree sits for four months while it is maintained and monitored; 5) At the end of four months, a tunnel is constructed under the tree, putting one board at a time under the tree to bottom box the tree; 6) The tree then is lifted by means of hydraulic jacks. Dollies are set underneath the tree and they are rolled, picked up and rolled to the new location. Councilwoman Coontz asked Mr. Sperber to comment on a letter from an independent consultant, arboriculturist, urban forestry individual, who addressed concerns regarding the tree and several relocation proposals. Mr. Sperber indicated soil samples would be taken and it was recommended the tree be placed on the same site in the same type of soil conditions. PageS CITY COUNCIL MINUTES JUNES, 1993 6. ADMINISTRATIVE REPORTS (Continued) Councilman Spurgeon remarked Dale Rahn and Bill Cathcart, Landscape Architects, had been contacted regarding the suggestion of creating a building around the tree. It was pointed out trees in this type of situation sustain severe root damage and disease. Brent Agnew, 6565 Knott Avenue, Lucky Stores, presented various site plans. Edward Archibald, 2425 N. Batavia, B&E Tree Service, asked about the award of the City's tree maintenance contract. Mayor Beyer informed Mr. Archibald to contact the Director of Community Services for the information. The following people spoke in opposition to moving the tree: Bea Herbst, 1435 E. Walnut St. M. 1. Martini, 638 E. Walnut St. John French, 1202 E. Meats Ave. Mr. Bell, property owner of the shopping center, commented this location, going east on Chapman, is the focal point to the eastern part of the City. There is a need for another store since the closing of Albertson's, which will enhance the income stream to local governments. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve relocation of the tree upon Council approval of the site plan, with the following conditions: relocation procedures be established as presented to Council today;landscaping enhancement be a part of the site plan; recognition of the history of the tree be included through a plaque or some other means; an Escrow Account be established for three years with the monies to be provided by Lucky in the event the tree does not live; the tree, as requested by the Council be relocated as far to the East ofYorba Street as possible; that an ad hoc committee be formed to include interested members of the community; a representative of the Community Services Department and City Attorney's Office to work out the procedures of the enhancement suggestions, the recognition of the history of the tree, and other interests of the City.Lucky Stores to pay for the relocation of the tree.7.REPORTS FROM CITY MANAGER TAPE 2264 7.1 Approval of proposed Animal Control Services Contract with the County of Orange for 1993-94. ( A2100.0.Agr.0135.J)FISCAL IMPACT: Proposed contract cost for 1993-94 is $279,761.00, which is a reduction of 32, 757.00 from the current year contract.Page 6 CITY COUNCIL MINUTES JUNES, 1993 7. REPORTS FROM CITY MANAGER (Continued) MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to authorize Mayor and City Clerk to execute on behalf of the City.7.2 Oral report regarding release of property tax money by the Orange County Tax Assessor. (TllOO.O) The Assistant to the City Manager reported the City cannot withhold property tax from the State.The collector of property taxes throughout the State of California is the elected County Tax Collector in each of the 58 counties in the State and the distribution of those property taxes is in accordance with State law.Orange County could do what Los Angeles County is doing, have the auditor controller and Board of Supervisors force the State to sue the County by distributing the property taxes in accordance with prior year's distribution. It is proposed a letter be prepared for the Mayor's signature that could be sent to the Orange County Board of Supervisors and County Auditor Controller to consider a similar type of tactic.MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to prepare a letter for the Mayor's signature as outlined above, to be sent to the Orange County Board of Supervisors and Auditor Controller.8.LEGAL AFFAIRS TAPE 2452 8. 1 RESOLUTION NO. 8191 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. (C2300.H)MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8191 as introduced be adopted and same was passed and adopted by the preceding vote.Page 7 CITY COUNCIL MINUTES JUNES, 1993 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO. 8192 A Resolution of the City Council of the City of Orange overruling the recommendation of the Planning Commission of the City of Orange and granting a Conditional Use Permit to allow an automotive detail accessory service facility in the C-l zone upon property situated at 4935 East Chapman Avenue. (A4000.0. AppeaI410)Conditional Use Permit 2004-93 Applicant: Doug Manista The City Attorney announced the following change: Page 6, second condition, second word of the second line, should read, " service bay." MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8192 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 ORANGE PACKING HOUSE Dottie Hudecek, 3196 N. Hearthside, complained about the Orange Packing House and surrounding property that burned down a few years ago and now is an eyesore. Hundreds of trash containers are being stored on the property, which adds to the eyesore. Orange Disposal Service is responsible for the containers and will be applying for a permit.Mrs. Hudecek called Supervisor Steiner's Office and talked to Mr. Tunstall regarding permits for the containers. Mr. Tunstall never returned the calls and Mrs. Hudecek asked Council for assistance to clean up this area. The asphalt plant is still operating in violation, the Olive Garage has broken down cars in their lot, and a landscape screening would help. The Fire Department has weeds so high you can barely see their building.Mayor Beyer indicated he would prepare a letter to Supervisor Steiner outlining Mrs. Hudecek's concerns, as well as the neglect by the County with their islands in the area that need attention.The Director of Community Development was instructed to check on the Olive Garage for any violations. Mayor Beyer commented Supervisors Vasquez and Steiner will be spearheading an attempt for the City to take over the policing of the EI Modena area.Page S CITY COUNCIL MINUTES JUNES, 1993 10. ORAL PRESENTATIONS (Continued) Dorothy Gibson, 3032 Oceanview Street, voiced the same concerns as Mrs. Hudecek and asked that the packing house be leveled, cleaned up. They do not want to disturb the archaeological aspects of the property. The Smoketree Association has suggested to the property owner of the packing house that an extension of Smoketree be placed on the property, which would be an agreeable solution. Mayor Beyer commented he would try to find out where certain artifacts from the packing house are stored. CHILD DROWNINGS AI Palladino, 761 S. Park Vine Street, founder of Save That Child Foundation, asked Council to give a message to the residents of Orange, through their water bill or with the cooperation of newspapers, to print the wording regarding the City of Orange's ordinance on pool safety requirements and the penalties involved. Mayor Beyer commented this could be published in the Orange Progress. Mr. Palladino was instructed to submit the information to the Director of Community Development who will send it to the County for their information. STANDARD PACIFIC PROJECT Bob Bennyhoff, 10642 Morada Dr., commented that at the Planning Commission public hearing last night, Standard Pacific, Southridge, indicated they have no intention of completing the final one-half mile ofLoma Street. Mayor Beyer directed the Director of Community Development to investigate.Mr. Bennyhoff commented on the County and City discussions regarding the policing ofEI Modena and county areas.Carole Walters, 534 N. Shaffer, commented about pool safety and the penalties involved when children drown.MOBILE HOME PARK Mrs. Carole Walters was contacted by a resident of the mobile home park on Meats and Tustin behind the Target Store to bring to Council's attention the low water pressure problems. Concern was expressed that if a fire were to break out, there would be no water to fight the fire because the water pressure is so low. Fire Chief Rowlett reported it is private property and a private water system. The water pressure has declined through the years. It has been suggested that the property owner apply for funding from Redevelopment or other agencies to assist themfinanciallywiththeneeded repairs.The Director of Community Development, Fire Chief and City Attorney were instructed to strongly encourage the property owner to make the needed upgrades to the water system.Page CITY COUNCIL MINUTES JUNES, 1993 10. ORAL PRESENTATIONS (Continued) RECLASSIFICATIONS OF CITY EMPLOYEES Mrs. Carole Walters read her letter to Council requesting an investigation into the reclassification of planners in the Community Development Department after an announcement was made by Council at the December 8, 1992 Council meeting that there would be no reclassifications because of a hiring freeze. Mayor Beyer asked Mrs. Walters to submit the letter to him for review. 11. RECESS The City Council recessed at 5: 15 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 aI., United States District Court Case No. SACV 92 498 GLT. Serrano Irrigation District vs. City of Orange, Fourth Appellate District C01l667. City of Orange vs. County of Orange, Orange County Superior Court Case No. 681889. Everson vs. City of Orange, Orange County Superior Court Case No. 63 83 32. 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 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 Helen Walker, President Soroptimist International of Orange. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None Page 10 CITY COUNCIL MINUTES JUNES, 1993 12.3 INTRODUCTIONS Presentation of Miss Orange finalists. Audra Murphy, former Miss Orange, was not able to attend the Council meeting. Her portrait will be presented to her at a later time. 12.4 PROCLAMATIONS - None 12. 5 PRESENTATIONS - None 13. PUBLIC HEARINGS TAPE 4520 13.1 PRE-ZONE CHANGE 1157-93, (ANNEXATION NO. 396), CITY OF ORANGE: ZI500.0) Time set for a public hearing on petition by the City of Orange to consider a request to pre-zone the 30 acre annexation from the County of Orange E-4 (Estate Residential) to the CityofOrangeR-I-40 (Residential; one acre minimum). Subject property is locatedsouthofSantiagoCanyonRoadwesterly of Orange Park Boulevard.NOTE: The annexation of the area was categorically exempt from the requirements of the California Environmental Quality Act (CEQA) Guidelines.MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development presented the report indicatingthereare22parcelswithinthearea. This application is also Annexation 396 which was recorded in February, 1993.The Planning Commission recommended approval.Councilwoman Coontz asked how much of Orange Park Acres is not in the City? Bob Bennyhoff answered approximately three-fifth's of the area is in the City.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that this area was categorically exempt from CEQA requirements. MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Zone Change 1157-93 as outlined in Planning Commission Resolution No. PC- 19-93. CITY COUNCIL MINUTES JUNES, 1993 13. PUBLIC HEARINGS (Continued) TAPE 4637 13.2 ORDINANCE AMENDMENT 1-93, DENSITY BONUS, CITY OF ORANGE:A2500. 0)Time set for a public hearing on petition by the City of Orange to consider a proposed ordinance amendment adding provision to Orange Municipal Code, Title 17 - Zoning Ordinance, to establish the procedure for granting density bonuses and additional concessions as incentives for the development of affordable housing in accordance with California Government Code Section 65915. NOTE: In compliance with the California Environmental Quality Act (CEQA) Guidelines, Negative Declaration 1412-93 has been prepared for this project.MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development commented this ordinance will add definitions, process and criteria for approval consistent with State law. The proposed ordinance requires that decisions on density bonus approvals be made as a part of a conditional use permit public hearing process. It is not an administrative process. The burden is on the applicant to show necessity for the density bonus incentives to make the project feasible. The ordinance allows the City to require an independent appraisal or financial evaluation of each application both with and without the bonuses and incentives to be provided. The appraisal costs would be borne by the applicant.The Planning Commission held a public hearing and recommended approvaL Councilwoman Coontz asked if the Department of Community Development keeps track of the number of units each year and the developments that take place so there is a good idea of the number of units when the General Plan is proposed to be changed? The Director of Community Development indicated they have annual reports that are received on projects with the density bonus, the census every ten years and the data compiled in the Housing Element. The density bonus requests are monitored through the Economic Development Division and Planning.Councilman Murphy asked the City Attorney to respond to a letter written by Linda Boone,Director of Orange Housing Development Corporation, regarding identification of affordable units and how the rents would be determined. The City Attorney commented, if the Council in some way tried to give to the Orange Housing Development Corporation certain decisions that would have to be made, it would be an unlawful delegation of the legislative authority. Ms.Boone's concerns were identified and resolved in the Planning Commission Resolution,Subsection E, where a finding is required that would reasonably assure the continued affordability of the specified number.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.Page CITY COUNCIL MINUTES JUNE 8, 1993 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept Negative Declaration 1412-93 as being in compliance with CEQA. MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Ordinance Amendment 1-93 as outlined in Planning Commission Resolution No. PC-17- 93.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Dolly Windsor, 139 N. Wheeler, spoke in opposition to moving the Ficus tree at Lucky's store on East Chapman. Ms. Windsor submitted petitions with approximately 330 signatures in opposition. 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 7:45 p.m. to a Closed Session to meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6. The City Council adjourned at 8:34 p.m.GENE BEYER MAYOR MARILYN J. JENSEN, CMC CITY CLERK Page 13