06-22-1993 Council MinutesAPPROVED BY CITY COUNCIL
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ON JULY 13, 1993
ORANGE, CALIFORNIA
JUNE 22, 1993
The City Council of the City of Orange, California convened on June 22, 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 Adjourned Regular
Meeting June 7, 1993 MOTION - Spurgeon
SECOND - Barrera AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy ACTION: Approved,Regular Meeting June
8, 1993
MOTION - Barrera SECOND - Coontz AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy
ACTION: Approved,1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None
1.5
PROCLAMATIONS - None 2. CONSENT CALENDAR 2,1
Declaration of City Clerk Marilyn
1. Jensen declaring
posting of City Council agenda of a regular meeting of June 22, 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 22, 1993
2. CONSENT CALENDAR (Continued)
2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment
of demands,
ACTION: Approved,
2.3 Request approval to award Bid #923-19 to F. 1. Johnson, Inc, in the amount
of 75,673,00 for the installation and modification of traffic signals and safety lighting at
the following locations within the City of Orange and reject all other bids: (A2100.0,
Agr
2092)I) Canyon View Ave, at HandyCreek! Aspen
Rd,2) Santiago Blvd, at Meats
Ave,FISCAL IMPACT: Funding for the anticipated work has been budgeted for the
1992-93 fiscal year, provided through Capital Improvement Program and Assessment
District #86-I funds. Appropriate $57,273.00 from Assessment District #86-1 and place
in
fund #590-
5013-483100-6084,ACTION: Approved.2.4 Approval of Commitment Letter for Air Quality
Transportation Measures, (OC1300.B.
1)FISCAL
IMP ACT: None,ACTION: Approved,2,5 CLAIM
FOR DAMAGES
FROM: (C3200,O)Jennifer
Taber FISCAL IMP ACT: None,ACTION: Denied claim and referred
to City Attorney and
Adjuster.REMOVED AND HEARD SEPARATELY)2,6 Request approval of agreement with Lewis R Crouse
to provide legal services in Municipal Court on an as-needed basis
in connection with misdemeanor and infraction violations of the Orange Municipal
Code, (A2100,O,Agr 1715,B)FISCAL IMP ACT: Proposed contract costs for
1993-94 are
projected not to exceed 20,000.00,The City Attorney was asked for clarification of
this item. It was eXplained that Mr.Crouse was contracted at $50,00 per
hour with no
charge for down
time,MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera,
Mayor Beyer,
CITY COUNCIL MINUTES JUNE 22, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Moved to approve and authorize the City Attorney to execute the contract on
behalf of the City,
2,7 Request Council consider request from Pacific-Ridge Partners for mass grading permit
to grade the remainder of Tentative Tract 12082, (T4000,
O)FISCAL IMPACT:
None,ACTION: Approved with
conditions,2,8 Request authorization to reject all bids received for Bid Number 923-21,
furnish and install roof at Finance Building. Bids received were over budget. Project will
be rebid.
B4100.0.)FISCAL IMPACT: None at
this time,
ACTION: Approved,2.9 Authorize the award of Bid Number 923-18, Hypalon Liner - Water Plant
Forebay, to CW, Neal Corp" Santee, California in the amount of$43,753,OO, (A2100,O,
Agr,2093)FISCAL IMPACT: Sufficient funds are available in
Account #601-8061-484400-8210 Water Plant Reservoir Lining)
and #600-
80410424101 (Maintenance of Reservoir) ,ACTION: Approved,2,10 Recommend Council authorize payments
by the Orange Redevelopment Agency to program participants under Phase I of
the Seismic EngineeringReport
Purchase Program,C2500.0,G.4)FISCAL IMPACT: Funds in the amount of$100,562.
00 to cover payments to approved participants are
allocated and available in Account #928-
9815-465802-
9153 Rehabilitation Grants - Seismic Loan Program),ACTION:
Approved,REMOVED AND HEARD SEP ARA TEL Y)2.11 Authorize the award of
Bid Number 923-22, Landscape Maintenance Service for Santiago Hills Assessment
District #86-2, to Southern Counties Landscape, Anaheim, California in the
amount of $117,000,00 and reject all other
bids.FISCAL IMPACT: Sufficient funds are available in Account #291-7021-
424301.Barry Konier, 1161 N. Coyote Lane, Orange, representing Landscape West, commented the contract was
bid in 2-parts; the base bid included all landscaped areas around Santiago College,
Landscape West was low bidder in the amount of $26,400.00, Southern Counties
Landscape bid $
CITY COUNCIL MINUTES JUNE 22, 1993
2. CONSENT CALENDAR (Continued)
City if the bid could be awarded separately, However, city staff has elected rather than
separating the two bids, to award the contract to one contractor.
The alternate section included all landscaping in the Assessment District south of
Chapman between Newport and Jamboree, and Southern Counties Landscape was low
bidder at $79,000,00, Landscape West was not the low bidder on that portion. If the bids
were awarded separately, the City could save approximately 10%,
The Landscape Assessment District Coordinator eXplained the bid process and remarked
the intention was not to segregate the bid, but to create a base and alternate in the event
that City forces would be utilized in the landscaped area,
Council discussed continuance of the item to discuss what the implications would be if the
bid was awarded in two parts; policies of the department, how the bid was proposed and
the wording,
MOTION - Spurgeon SECOND -
Coontz AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to
continue this item to July 13, 1993,3:00 P.M, Session.2,12 Request
for red curb markings on both sides of the driveway located at 938/1010 W.Barkley Ave, (S4000,
S.3,l.1)FISCAL IMPACT: The
department's normal operating budget provides for this type of work in the #
250 Traffic Safety funds,ACTION: Approved,REMOVED
AND HEARD
SEP ARATEL Y)2,13 Amendment
to the layoff list approved by Council on April 13, 1993 to retain a 19 hours/week Librarian
I. (C2500JA)FISCAL IMPACT: Approximate
savings of$19,500,OO MOTION - Murphy SECOND -
Coontz AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy ACTION: Moved to incorporate this item
with the budget discussions.REMOVED AND HEARD SEP ARA TEL
Y)2,14 Amendment to the layoff
list approved by Council on April 13, 1993 to restore 16 hours a week of Administrative Secretary in the
City Clerk's office to partially replace the eliminated full-time position of City
Council Secretary, (C2500,J.4)Page 4
CITY COUNCIL MINUTES JUNE 22, 1993
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: $18,817,00 annually from the General Fund.
Alice Clark, 205 N. Pine, asked if Council had intended to do this all along,
Council discussion ensued relative to the loss of their Secretary and a Secretary in the CityManager's Office, but did not know the magnitude of the work. This position needs ajobdescriptionandprocedures, The lobby area is now vacant with no secretaries that are
close, The possibility of having the secretary manage the volunteers was discussed as partoftheproposal, and is to be included in budget discussions.
MOTION - Murphy SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to
incorporate this item with the budget discussions,MOTION - Barrera SECOND -
Coontz AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy Items 2,6, 2,11, 2.
13 and 2,14 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
600 3,1 Establishment of Ad Hoc
Committee for the Ficus Tree in the Lucky Shopping Center and appointment of the following people: (Termstoexpire6/30/95) (ORI800,O,15.5)John French Jess Garcia Bill Cathcart
DaleRahn MOTION
SECOND AYES
Barrera Murphy
Spurgeon,
Barrera,
Mayor
Beyer,
Coontz, Murphy
Moved
to approve ad hoc committee, appointees and
to include Mike Mahoney.4, REPORTS FROM COUNCILMEMBERS _ None 5. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS _ None
Page 5
CITY COUNCIL MINUTES JUNE 22, 1993
6,ADMINISTRATIVE REPORTS TAPE 634
6.1 To provide a formula and establish a fee to be added to all categories of monthly
Sanitation and Sewer System charges set forth in Section 13.60,020 of the Orange
Municipal code. Also to provide public testimony as provided for in Section 66016 of the
California Government Code. (Report on file in the City Clerk's Office.) (C2500.M.3)
FISCAL IMP ACT: Increase in revenue to offset Capital Expenditure for construction of a
Materials Recovery Facility (MRF), Fund 220 (Sanitation),
The Street Superintendent presented the report explaining a $2.25 per month per billing unit
charge would be required to meet the repayment of the principal and interest on the 6,5 million
dollar loan which Orange Disposal had obtained, The surcharge is based on the total amount
required during the year to be paid back, divided by the total number of billing units. As the
number of billing units increase, the surcharge will decrease, Any excess money collected will be
used to reduce the operating cost of trash and disposal service, It is not anticipated that the City
will collect excess funds, The sunset date will be in the year 2003,
Bob Bennyhoff, 10642 Morada Dr., asked who would own the facility? If Orange Disposal
ceases to do business, or another company is awarded the contract to pick up trash, what happens
to the facility?
The Street Superintendent indicated Orange Disposal Service would own the facility. During the
first ten year period if Orange Disposal ceases to do business and the transfer station ceases, the
City has first right to acquire and the City will only acquire land because it already has control of
the buildings. After that period of time the land and building would be based on an appraisal of
property, but the City would still have first right to acquire and to operate or get a new contract.
Moralla Hammer, 839 S, Oakwood Street, asked if the $2,25 was in addition to the $3,00 already
paying for the trash bins?
The Street Superintendent explained the billing process,
ORDINANCE NO, 7-
93 An Ordinance of the City Council of the City of Orange amending Section 13,60.020 of
the Orange Municipal Code to establish a surcharge of monthly sanitation and sewer system
charges based upon the cost to construct and equip a Materials Recovery
Facility,
MOTION
SECOND
AYES Barrera
Coontz Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Ordinance
No, 7-93 have first reading waived and same was set for second reading by the preceding
vote,TAPE
1240 Page
6
CITY COUNCIL MINUTES JUNE 22, 1993
6. ADMINISTRATIVE REPORTS (Continued)
6,2 Council consideration of approval to transfer $29,456.47 from various fiscal year 1992-
93 Police Department accounts, including $11,925.00 from salary accounts, to fund various
operational costs. If approved, to consider whether or not to carry forward unspent
appropriations resulting from the proposed transfers into fiscal year 1993-94. (Copy on
file in the City Clerk's Office,) (C2500.
K)Police Captain Richards reported the expenses included: additional training, which will
be P.O.ST reimbursed, fencing for major crime scenes, a walk-in freezer for evidence and
the pre-employment psychological testing. It was further requested that any unspent funds at the
end of the fiscal year be carried forward into the next fiscal year to cover office supplies
which were underestimated due to the elimination of the proposed optical
disk program,Council discussed the request for office supplies be discussed during the budget
process, with
backup
provided,
MOTION
SECOND
AYES Murphy
Coontz Spurgeon, Barrera, Mayor Beyer, Coontz,
Murphy Moved to approve the transfer, not to exceed $29,456.47 from various fiscal year Police
accounts to fund various operational costs, not to include office supplies, but to include the other
items stipulated in the report, and the office supply item be continued for further report for
backup
information.6.3 JOINT PUBLIC HEARING, INTERIM 1993/94 FISCAL YEAR BUDGET, CITY
OF
ORANGE:Time set for second joint public hearing with the Orange Redevelopment Agency to consider
the adoption of an interim 1993/94 Fiscal Year Budget, and Resolution No, 8195 adopting
a limitation on certain appropriations in accordance with Article XIII of the State
Constitution,NOTE: Council ordered this to be heard at 7:00 p.m. Session under item 13.
4,C2500.J.l.
l)6.4 UTILITY
TAX:Time set for second public hearing to consider the adoption of a Utility Tax on the use
of telephone, cable T,V., electricity, natural gas, water, sanitation and sewer services ("
Utility Services") proposed by the City Manager. (Continued from 6-15-
93,) NOTE: Council ordered this to be heard at 7:00 p.m. Session under item 13.5. (
T1100.0.3)6.5 PROPOSED BUSINESS LICENSE TAX ON THE
RENTAL OF RESIDENTIAL DWELLING UNITS,
CITY OF ORANGE:Time set for second public hearing to consider the adoption of a Business License
Tax on the business of renting residential dwelling units within the City of Orange as proposed
by the City
Manager as
follows:Page7
CITY COUNCIL MINUTES JUNE 22, 1993
6, ADMINISTRATIVE REPORTS (Continued)
I. Proposed tax rate would be $25 per year for one to four dwelling units rented or offered for
rental within the City of Orange plus $5 per year for each dwelling unit in excess offour, 2, The
Business License Tax would be imposed on the owner of each dwelling unit rented or offered for
rental in the City of Orange. 3, The estimated amount of revenue that would be raised annually
by the proposed Business License Tax is $80,000, (Continued from 6-15-
93.) NOTE:Council ordered this to be heard at 7:00 p.m. Session under item 13.6. (TllOO.
O,
4)
MOTION
SECOND AYES
Spurgeon
Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
Moved that Items 6.1,6.2 and 6,3 be trailed to the 7:00 P,M, Session as Items 13.4, 13.5 and
13,6,
7. REPORTS FROM CITY MANAGER - None 8.
LEGAL AFFAIRS TAPE 1639 8.
1 RESOLUTION NO, 8196 A
Resolution of the City Council of the City of Orange amending and revising the Master Schedule
of Fees and Charges as authorized by the Orange Municipal Code Chapter 3.10,C2500.
J.1.0.1)Discussion:
The Revenue Manager reported the $300,000,00 estimate of additional revenue has been
folded into the 1993/94 budget estimates, Further recommendations will be made to Council on
overhead costs and staff time as a reflection of delivering those selVices to the public, Council suggested
a process be recommended so that it is outlined how the Departments can track the overhead
costs and establish a tracking procedure so they can be kept up-to-
date.
MOTION
SECOND Barrera
Spurgeon Moved
that Resolution No. 8196 as introduced be adopted and same was passed and adopted by the
preceding vote,The
above motion was rescinded.MOTION
SECOND
AYES
Barrera
Murphy Spurgeon,
Barrera,
Mayor Beyer, Coontz, Murphy Moved that Resolution
No, 8196 be continued to June 29,1993,7:00 P,M. Session to resolve questions asked by
Council.Page 8
CITY COUNCIL MINUTES JUNE 22, 1993
8. LEGAL AFFAIRS (Continued)
8.2 RESOLUTION NO, 8197
A Resolution of the City Council of the City of Orange finally accepting the completion of a
certain public work and improvement. (A2100.0,Agr 2027)
Bid No, 923-
02 S. J.
Burkhardt
MOTION
SECOND
AYES Coontz
Barrera Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved that
Resolution No, 8197 as introduced be adopted and same was passed and adopted by the preceding
vote.8.3
RESOLUTIONNO, 8198 A Resolution
of the City Council of the City of Orange upholding the recommendation of the Planning Commission
of the City of Orange and approving the reclassification of property situated at the
southwest comer of Santiago Canyon Road and Orange Park Boulevard, (ZI500,O)Pre-Zone
Change 1157-93
Applicant: City Orange
MOTION
SECOND
AYES
Murphy Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved that Resolution
No, 8198 as introduced be adopted and same was passed and adopted by the preceding vote.
8.4 RESOLUTION
NO, 8199 A Resolution of
the City Council of the City of Orange overruling the recommendation of the Planing Commission of
the City of Orange and approving Negative Declaration 1425-93, General Plan Amendment
3-93 and Zone Change 1159-93, (ZI500,O)
Zone Change 1159-
93 General Plan Amendment
3-93 Applicant: City
of Orange Mayor pro tem Barrera read the following statement: "During the public hearing and
Council's discussion on these matters, before final action on the resolution and rezoning ordinance,
there is one area that I think needs to be clarified, There were some commitments from
the current
CITY COUNCIL MINUTES JUNE 22, 1993
8. LEGAL AFFAIRS (Continued)
property owners, that they intended to retain existing residence, however, nothing in the
documents discusses the public procedures that might be appropriate to ensure retention.
Therefore, I would like to move for a continuance of Resolution No. 8199 and Ordinance No, 9-
93 for thirty days to allow the staff to report on this issue,"
Councilwoman Coontz indicated she had voted no on the proposal, but this was a separate issue,
The City Attorney opined that Councilwoman Coontz could vote on the suggested continuance,
MOTION - Barrera SECOND -
Mayor Beyer AYES - Barrera,
Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved
to continue Resolution
No, 8199 to July 27,1993,3:00 P,M, Session,8,5 ORDINANCE NO,
8-93 An Ordinance of
the City Council of the City of Orange amending Section 17,06,020 of the Orange Municipal Code
and approving the reclassification of property situated at the southwest corner of Santiago
Canyon Road and Orange Park Boulevard, (ZI500,O)Pre-Zone Change
1157-93 Applicant:
City of Orange MOTION
SECOND
AYES
Mayor
Beyer Barrera Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy That Ordinance No, 8-
93 have first reading waived and same was set for second reading by the preceding vote,8.
6 ORDINANCE
NO, 9-93 An Ordinance
of the City Council of the City of Orange amending Section 17.06.030 of the Orange Municipal
Code and reclassifYing property situated on the south side of Culver Avenue between Shaffer
Street and Cambridge Street and certain adjoining parcels on the east side of Shaffer Street
and the west side of Cambridge Street to the R-2-6 classification. (ZI500.0)
Zone Change 1159-
93 Applicant: City of
Orange Page
CITY COUNCIL MINUTES JUNE 22, 1993
8. LEGAL AFFAIRS (Continued)
MOTION - Barrera SECOND -
Coontz AYES - Barrera,
Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved
to continue Ordinance
No, 9-93 to July 27, 1993,3:00 P,M, Session.9. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10, ORAL PRESENTATIONS
The following people
spoke on the flier sent by the Firefighters Union to all the mobile home parks and the
senior citizens center threatening senior citizens with no paramedic service due to budget cuts. It
was suggested that it was time to turn this operation over to the County,Alice Clark, 205
N, Pine Street and Carole Walters, 534 N, Shaffer 11. RECESS MOTION
SECOND AYES
Mayor
Beyer
Barrera
Spurgeon, Barrera, Mayor
Beyer, Coontz,
Murphy The City Attorney announced Item No,
fwas to be deleted,The City Council recessed at 4:
22 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:Steinberg
vs. City of Orange, Orange
County Superior Court Case No, 70 07 16,City of Orange vs. DLO Securities,
et aI., United States District Court Case No, SACV 92 498 GLT.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,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,Pagell
CITY COUNCIL MINUTES JUNE 22, 1993
7:00 P.M. SESSION
12. INVOCATION
Bob Breskin, Kiwanis Club of Orange
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS
The City Clerk
swore-in the new Planning Commissioner, Ben p, Pruett. (C2500, G.2, 5.1)13.PUBLIC
HEARINGS 2529 13.1
APPEAL NO. 408, ZONE CHANGE 1158-93, ANTHONY H. OSTERKAMP, JR.:The
public hearing on petition by Anthony H. Osterkamp, Jr. to appeal the decision by the Planning
Commission on March 15, 1993 denying Zone Change 1158-93 to allow the applicant to
reclassifY the property from R-I-6 (Residential-Single Family District) zone
to C-I (Limited Business District) zone has been continued from May 11, 1993 to this
time, Subject property is located at 1049 N,
Glassell Street. (A4000,O)NOTE: In compliance with the California Environmental
Quality Act (CEQA), Negative Declaration 1421-93 has
been prepared for this project.APPELLANT STATES
THE FOLLOWING REASONS FOR APPEAL:Appellant's property is currently zoned R-I-6,
However, the general plan designation for the property is general Commercial. The present use of the
property is a mix oflight commercial and residential. Appellant's application to rezone the
property C-l was denied, The properties zone designation remains inconsistent with the
general plan and in violation of Governments Code 65860 which mandates that the zone designation be
consistent with the general plan, C-I is the most restrictive, least intensive commercial
zone available to appellant which is consistent
with the general plan's designation of general commercial."The Director of Community
Development announced a letter had been received from Anthony Osterkamp and
Richard Broadway, Plaza Development, requesting an indefinite continuance on the appeal. The letter stated they wished to
develop an application to the City for development of senior citizen housing on the property, When this
is presented to Council, the
applicant is
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Spurgeon Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to continue
this item to no date certain.TAPE 2574 13.
2 APPEAL
NO. 411, CONDITIONAL USE PERMIT NO, 2010-93, DAVID W.CLEMENTS; SANTIAGO
CREEK HOMEOWNERS, ET AL:Time set
for a public hearing on petition by David W. Clements, Santiago Creek Homeowners, et aI., to
appeal the decision by the Planning Commission on April 19, 1993 denying Conditional Use Permit No,
2010-93 to allow the construction of a senior citizen residential development exceeding
two stories in height within 120 feet of residential zoned properties. (A4000.0)The
site is zoned PC (Planned Community) District and is an irregularly shaped parcel 1.41 acres in
size located west of Tustin Street and south of Santiago Creek Channel. It is within the boundaries
of the Sycamore Crossing Residential Development (Lot #47 of Tentative Tract Map 14752),
NOTE:
Negative Declaration 1428-92 has been prepared to analyze the environmental impacts of
this project.
MAYOR BEYER OPENED THE PUBLIC HEARING,
The Director of Community Development announced the following correction on the Agenda, the
Planning Commission approved Conditional Use Permit 2010-93, The project is an 83 unit
senior housing, with all studio and one bedroom units, They range from 450 to 550 sq, ft, in size with
a 50 sq. ft, patio or balcony, The building is three to four stories in height. The south side
is adjacent to the neighboring residential properties is the area where the 3 story building will
be located, The other two sides of the project are the 4 story buildings, Total height of the
four story area is 48 ft" and total height of the three story area is 37 ft, The dimension of the
three story building from the adjacent residential property lines is approximately 49
ft,The applicant is requesting a density bonus through the conditional use permit to allow
an increase in the number of units on the site, and modification of certain development
standards,Twenty-five percent of the units are designated for low income, 21 of the
totalS3 units,The following people spoke in favor of
the appeal:David Clements, 1521
E. Fairway Bob Siebert,
1308 Fairway Wayne Spring,
1243 Fairway Howard DeCruyenaere, 1825 E. Albion,
Santa Ana
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
Their comments were expressed as follows:
Mr. Clements, appellant, gave a brief slide presention depicting the height of the 3-4
story building as they relate to surrounding buildings in the neighborhood and
area,This project will increase traffic on Tustin, and is a dangerous place for senior citizens to
be
located,The project should be kept to the standards set by the City regarding height
limitations,Concern was expressed regarding privacy for the homes that are next to the project. Screens
of some type would ensure privacy to their
backyards.This project should be one story; what will stop the developer from going 5 to 6 stories the
next
time,Speaking in opposition to the
appeal:Frank Elfend, Elfend and Associates, Inc" 610 Newport Center Dr., Suite 1290, Newport
Beach,representing Santiago Creek
Associates Scott R, Dutenhoefer, 1601
Fairway Carole Walters, 534 N,
Shaffer Corinne Schreck, 446 N,
James Elizabeth Frederick, 491 N,
Shaffer Alice Clark, 205 N, Pine
St.Their concerns were expressed as
follows:Mr. Elfend explained the difference in building height as it relates to the surrounding
neighbors and the commercial that was proposed for the
site,There is a five year waiting list for senior citizens housing in Orange
County,The City of Orange needs senior citizen
housing,Senior housing was more needed than
commercial.The senior citizens of Orange should get the first chance to rent the
units,The Director of Community Development commented no one can be discriminated against as
far as Orange senior citizens getting first chance to rent. The restriction on the montWy rents
would be $460,00 to $560,00 per month for the
affordable,Mr. Elfend commented the traffic generated by this building would be far less than the
commercial that was proposed, It was also noted that some type of screening is intended to assist
the property owners with
privacy,THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE
PUBLIC
HEARING,Page
CITY COUNCIL MINUTES JUNE 22,1993
13, PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Coontz Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
approve Negative Declaration 1428-92 as recommended by the Planning Commission,MOTION
SECOND
AYES
Coontz
Murphy Spurgeon,
Barrera,
Mayor Beyer, Coontz, Murphy Moved to deny
the appeal and uphold the recommendations of the Planning Commission for approval of this
project including all the conditions thereof TAPE 4576 13.
3 1993-
94 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CITY OF ORANGE:The
public
hearing on petition by the City of Orange to consider funding recommendations and receive public
comment regarding the City of Orange 1993-94 Community Development Block Grant (
CDBG) Program was rescheduled from May 25, 1993 to this date, The City proposes to
allocate $1,116,000 of current year funds and $648,323 of prior years carryover CDBG funding
to a variety of community development activities, (C2500,G,1.3)MAYOR
BEYER OPENED THE PUBLIC HEARING.The
Community Development Block Grant Manager presented the following agencies requesting CDBG
Funds for 1993/94:CITY
DEPARTMENTS REQUEST TOTAL
COMMITTEE RECOMMENDATIONS
Community
Dev,/Economic Dev,Administration
Home
Impv, Prog,Carryover $
149,715)Small
Business Loan Prog,223,
200 149,
715 223,
200 149,
715 100,
000 100,000 Community
Services Graffiti
Removal Prog,46,690 31,318 General
Services ADA
Improvements-Curbs 120,000
ADA Improvements-Parks 56,
650 120,
000 56,
650
Library The Firendly Stop 36,000 34,
000 Page
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
CITY DEPARTMENTS
TOTAL COMMITTEE
REQUEST RECOMMENDATIONS
Police Department
Foot Patrol 73,000 73,000
Public Works
Sewer Construction 242,000 242,000
Sewer Study 74,000 0
Storm Drain Replacement Proj, 335,500 229,809
Carryover $229,809)
Street Reconstruction Proj, 946,425 319,165
Carryover $268,799)
Water Replacement Project 155_000 155.000
Subtotal $2,558,180 $1,773,857
NONPROFIT AGENCIES
Adam Walsh Child Resource Center 9,500 0
Safety Education Prog,
Advanced Resources for Foster Kids 5,000 0
Counseling Center
Assessment & Treatment Svcs Ctr 10,000 0
Clinical Salaries
Assistance League of Orange 27,000 0
Dental health Center
Central Orange County YWCA
Fair Housing Program 29,000 0
Project Hope School 9,358 0
Easter Seal Society
Car Seat Giveaway Program 3,000 0
After School Program 5,000 0
Eli Home
Extension Home Lease 10,000 0
Exchange Club Child Abuse
Prevention Ctr of Or County
Recruitment & Training of Parents Aides 4,000 0
Fair Housing Council of Orange County
Fair Housing Program 17,597 17,597
Page 16
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
TOTAL COMMITTEE
REQUEST RECOMMENDATIONS
H,O,M.E,S., Inc,
Swidler House Administration
Shower Addition of Swidler House
24,928
1,384
o
1,384
Interval House
Interval House Crisis Shelters 20,000 o
Mariposa Women's Center
Substance Abuse Counseling 15,000 o
Olive Crest Treatment Centers, Inc,
Refurbishment of group homes 17,300 o
Orange Children & Parents Together,Inc,
Rent Assistance
17,860 o
Orange County Youth & Family Svcs 15,000 8,515
Rehabilitation Institute of So, Calif.
Carpeting
12,000 o
Shelter for the Homeless
Group Home Operating Expenses
Property Acquisition
20,000
195,000
o
o
Stop-
Gap Therapeutic Drama Workshops
at Orangewood Home 2,970 2,
970 Women's Transitional Living Ctr,
Inc,WTLC Community Outreach
Program Kitchen
Remodel Unallocated Public Service
Activity
Balance 10,
000 51,
205
o
o 2,
225 GRAND TOTAL 1,764,
323 The Community Development Block Grant Manager reported the committee reviewed all
funding proposals, and gave a high priority to City projects, and considered non-profit
agencies, To reduce dependence on CDBG funding, the committee agreed by consensus to recommend
that no funding be allocated to non-profit agencies which have received funding for several
years
in a
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
A letter was received from the Assistance League of Orange requesting $2,225 of contingency
funds to fund their program with underprivileged children and dental care,
The following people spoke:
Beverly Nestande, 1800 E. Heim Ave" representing Olive Crest
Guy Conover, 703 E, Grove, in favor of The Friendly Stop
David Mendoza, 1922 E, Locust, in favor of The Friendly Stop
Daniel Sanches, 213 W. Maple, in favor of The Friendly Stop
Nifra A. Duran, 1500 S. Highland #F, in favor of The Friendly Stop
Doug Westfall, 1125 W, Palm, in favor of The Friendly Stop
Adrienne 1. Gladson, 271 S, Shaffer, in favor of the Friendly Stop
Marlene 1. Coult, 18971 Newton, Santa Ana, representing the Assistance League of Orange
Judi Skalnik, 126 N, Grant PI, Program Director, Orange Fair Housing
Jan Mickelson, 328 N, Glassell, Executive Director, YWCA, in favor of Orange Fair Housing
Elizabeth Lee, 2404 E. Nutwood, Fullerton, in favor of The Friendly Stop
John Whiteriver, 194 S, Pixley, in favor of The Friendly Stop
Alexander Moreno, 706 S, Sycamore, in favor of The Friendly Stop
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Coontz Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to approve
the proposed City of Orange 1993-94 CDBG Program as recommended by the CDBG Committee,
MOTION SECOND
AYES
Coontz
Barrera
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved to authorize staff to
request and receive $1,116,000 in 1993-94 CDBG funding from the United States Department of
Housing and Urban Development, and reallocate carryover from prior years in the
amount of$648,323 for fiscal year 1993-94,MOTION SECOND AYES
NOES
Barrera
Spurgeon
Barrera,
Mayor Beyer
Spurgeon, Coontz,
Murphy Page 18
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
Moved that Council consider the Assistance League of Orange carry out their work with the
children in the schools, and to use the contingency funds in the amount of $2, 290,
NOTE: Councilman Spurgeon seconded the motion for discussion purposes,
Council directed the request from the Assistance League be presented to the CDBG committee
for a recommendation, following the procedures the other agencies had to comply with, The
CDBG Committee would then present their recommendation to Council for approval.
TAPE (#2 - 115)13.
4JOINT PUBLIC HEARING, INTERIM 1993/94 FISCAL YEAR BUDGET, CITY OF ORANGE:
Time
set for second joint public hearing with the Orange Redevelopment Agency to consider the adoption
of an interim 1993/94 Fiscal Year Budget, and Resolution No. 8195 adopting a limitation
on certain appropriations in accordance with Article XIII of the State Constitution,C2500,
J,U)The
City Attorney announced this is a required joint public hearing with the Redevelopment Agency
that has been continued from June 15, 1993, Any action on the budget may be taken at Council'
s discretion, whether partially or fully, Before the end of this fiscal year, some action by Council
will be required to appropriate funds before any expenditures can be made,MAYOR
BEYER REOPENED THE PUBLIC HEARING.Bob
Breskin, Chairman of the Blue Ribbon Advisory Financial Committee, commented the committee
is meeting this Monday to wrap up a full report for Council's consideration regarding their
findings on the budget. Mr. Breskin spoke on the positive effects of a Utility Tax.The
Senior Assistant to the City Manager gave an update on the budget, reduction of workforce which
included layoffs and hiring freeze, Wall exhibits were shown that gave statistical examples of
budget cutting efforts by the City Council.At
this time, the State Assembly and Senate have passed a State budget, however they have not passed
all the trailer bills that implement major portions of the budget. The Governor has threatened
to not sign the adopted budget until all the trailer bills are approved. If this occurs approval
of the budget could go as late as September.Mayor
Beyer announced he had talked to Assemblyman Conroy who was fighting hard for all Orange
County cities in Sacramento,The
City Council adopted the following motion for the Seven Year Capital Improvement Program:
Page
19
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
MOTION -Spurgeon
SECOND -Murphy
AYES -Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
Moved to approve the Seven Year Capital Improvement Program.
MOTION
SECOND
AYES
Spurgeon Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to accept
the finding of the Planning Commission that the Seven Year Capital Improvement Program is
consistent with the General Plan, except as specifically noted in the Capital Improvement Program,
MOTION SECOND AYES
Spurgeon
Murphy
Spurgeon,
Barrera, Mayor
Beyer, Coontz,
Murphy Moved to direct that no funds
be expended on inconsistent projects prior to amending the General Plan to ensure consistency.MOTION SECOND
AYES Spurgeon Murphy Spurgeon,
Barrera,
Mayor
Beyer,
Coontz, Murphy
Moved
to appropriate funds for 1993-94 Capital
Improvement projects, with the exception of cooperatively funded projects (Fund 550), whose appropriations
are contingent upon the execution of a cooperative funding agreement with
other agencies,The following people expressed their comments regarding
budget concerns and opposition to the Utility Tax:Cindy Baker, 700 N Tustin,
Santa Ana,
East Orange County Association of Realtors Carole Walters, 534 N, Shaffer Marilla C,
Hamor, 839 S, Oakwood Alice
Clark, 205 N, Pine Larry Tax,
1540 E. Trenton, Property Manager,
Orange Mobile Home Village Warren Euchler, 241 N, Cleveland Marvin Sobel,
4111 N, Meadowbrook Rosemary Boulden,
337 Chestnut Lynden Swenson, 502
N. Orange Page 20
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
Their concerns were expressed as follows:
If this tax is approved will there be any provisions for a mobile home park tax deduction based
on the number of low income exemptions in the park on the utilities?
Consider the flight of California business to other parts of the country, due to the high cost of
doing business in the City. Exhaust every means of cost cutting before implement a utility tax,
Department Heads should keep track of their mobile employees; many are seen wasting time,
Violations occur daily,
Stop recycling and save the money.
The water bill will be raised 10% beginning July 1st, which is an added expense,
Small businesses cannot afford another tax,
Cut Police and Fire wages by 5% which would bring the deficit down by 2,5 million dollars.
Place the Utility Tax on the ballot and let the people vote on it.
The City Clerk announced a petition was received from the Community Garden Towers with
approximately 206 names in reaction to the Fire Department Paramedic flier.
The following people spoke in favor of a Utility Tax:
Greg Lewin, 127 N, Grand St" Orange Firefighter, commented if services are to be severely cut,
favor the tax,
Bob Bennyhoff, 10642 Morada Dr., commented citizens safety comes first. It was suggested
approving a 3% Utility Tax with a provision that when Council knows the State's decision on the
status of the 1/2 cent sales tax, it would become mandatory for Council to consider adjustments
and possible elimination of the Utility Tax,
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
Council discussion ensued regarding comments received from citizens and the business
community, that Council should re-think the way the City does business and improve
local government, with the utility tax not being the solution of the budget shortfall. It was
emphasized that the first responsibility in the City is to protect the citizens of Orange, and the taxes should
go on the ballot for the people to vote, It was suggested that staff draft a budget for Council'
s review that contains no utility tax in the projections while maintaining the current
recommended levels of service from the public safety sector as well as the public works sector, and
the infrastructure of the
City.Councilmembers discussed the Police and Fire Assessment District proposal which will be
a measure on the November 2, 1993
ballot.
MOTION
SECOND
AYES Coontz
Mayor Beyer Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Page 21
CITY COUNCIL MINUTES JUNE 22, 1993
13. PUBLIC HEARINGS (Continued)
Moved to continue Items 13.4, 13,5 and 13,6 (all unresolved issues), to June 29, 1993 at 6:00
P,M, Council to meet for Closed Session at 6:00 P,M, The Budget public hearings will begin at
7:00 P.M. Staff was directed to return with a budget estimate based on no utility tax
implementation and maintenance of the public safety sector. All information and reports are to be
prepared by staff on June 30,1993,
The City Manager commented reports are being drafted at this time regarding the effects of no
utility tax and will be ready for the June 29, 1993 meeting,
13.5 UTILITY TAX:
Time set for second public hearing to consider the adoption of a Utility Tax on the use of
telephone, cable T,V., electricity, natural gas, water, sanitation and sewer services ("Utility
Services") proposed by the City Manager. (Continued from 6-
15-93.)SeeItem 13.4
for comments.13.6 PROPOSED BUSINESS LICENSE TAX ON THE RENTAL
OF RESIDENTIAL DWELLING UNITS, CITY
OF ORANGE:Time set for second public hearing to consider the adoption of a Business License Tax
on the business of renting residential dwelling units within the City of Orange as proposed by
the City Manager
as follows:I. Proposed tax rate would be $25 per year for one to four dwelling units rented or
offered for rental within the City of Orange plus $5 per year for each dwelling unit in excess
of four.2, The Business License Tax would be imposed on the owner of each dwelling unit
rented or offered for rental in the City
of Orange.3, The estimated amount of revenue that would be raised annually by the
proposed Business License Tax is $80,000, (Continued
from 6-15-93.)See Item
13.1 for comments.14. PLANNING
AND ENVIRONMENT - None 15. ORAL
PRESENTATIONS - None
CITY COUNCIL MINUTES JUNE 22, 1993
16. ADJOURNMENT
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to adjourn
at 10:20 P.M. to an Adjourned Regular Meeting, June 29, 1993 at 6:00 P.M.Page 23