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10-19-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA OCTOBER 19, 1993 The City Council of the City of Orange, California convened on October 19, 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 APPROVALOF MINUTES Adjourned Regular Meeting October 6, 1993.MOTION - Barrera SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Continued to November 9, 1993.Adjourned Regular Meeting October 7, 1993.MOTION - Barrera SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Continued to November 9, 1993.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS Proclamation for Red Ribbon Week was presented to Debbie Klein, Police Department,Vickie James, Orange Unified School District and Pamela Doss, Community Services,originators of Red Ribbon Week Kickoff..2.CONSENT CALENDAR TAPE 188 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of October 19, 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.PAGE 1 CITY COUNCIL MINUTES OCTOBER 19,1993 2. CONSENT CALENDAR (Continued) ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 2.2 Request Council approve the lease agreement between the State of California and City of Orange for the Department of General Services' National Guard Armory at Hart Park. A2100.0) FISCAL IMP ACT: None. ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City. 2.3 Request Council approve authorization for advertising to invite bids for construction of wheelchair ramps in low to moderate income areas. (S4000.S.3.2) FISCAL IMP ACT: $120,000.00 has been budgeted in Community Development Block Grant funds for this project. ACTION: Approved. REMOVED AND HEARD SEP ARATEL Y) 2.4 Request Council certify Negative Declaration No. 1440-93; City of Orange Water Well No. 24; Collins Avenue at Wanda Street. (N1200.0.Neg.Dec. 1440-93)FISCAL IMPACT: None.The City Attorney advised this item should be trailed to the 7:00 P.M. Session. The Water Department had mailed notices to all property owners notifying them this item would be discussed at the 7:00 P. M. Session.MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to continue this item to the 7:00 P.M. Session for consideration.2. 5 Request Council authorize the appropriation of $1,052.00 to Account No. 100-4021- 441600 from donations carried in Account No. 100-0000-293400-2307 for the purpose of purchasing equipment for the Canine and SWAT programs. (C2500.K)FISCAL IMPACT: None. Part of these funds have been donated expressly to the Police Dept. Canine and SWAT programs. The balance is from revenue generated by the sale of I. D. bracelets.ACTION: CITY COUNCIL MINUTES OCTOBER 19, 1993 2. CONSENT CALENDAR (Continued) 2.6 Request Council appropriate $26,500.00 from Unappropriated Reserves of Fund 250 Traffic Safety) to Account 250-4041-441600-0000 (Misc. Materials and Supplies) to fund a "Traffic Safety Awareness Campaign" and also authorize the expenditure of 13,000.00 to purchase a Speed Monitoring RadarTrailer. ( S4000.S.3 FISCAL IMP ACT: None. All expenditures will be reimbursed by a grant from the California Office of Traffic Safety.ACTION: Approved 2.7 Recommend approval of Graffiti Removal Agreement between City of Orange and the County of Orange. (A2100.0)FISCAL IMP ACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR BEYER TAPE 256 Signal Pre-emption Program Mayor Beyer announced he had sent a letter on August 17, 1993 to Gary Hausdorfer, Chairman of the Board of Directors of the Orange County Transportation Authority, regarding concerns of the Countywide Emergency Signal Pre-emption Program. Mr. Hausdorfer replied by letter on September 13, 1993. (Copies of both letters on file in the City Clerk' s Office.)The Director of Public Works reported the program has been reviewed by the Technical Advisory Committee, and portions of it have been referred to other groups for study. The Signal Roundtable, a technical group, of which the City is a member, has reviewed the study and did not support the pre-emption concept. Also, it was not approved by the Technical Advisory Committee.The Traffic Engineer commented one of the principle concerns was that CalTrans must participate in the program because the interchanges are the most congested points in the City. Mr.Hausdorfer indicated in his letter that CalTrans would be asked to CITY COUNCIL MINUTES OCTOBER 19,1993 3. REPORTS FROM MAYOR BEYER (Continued) The Traffic Engineer commented the actual installation and maintenance costs were not addressed by Mr. Hausdorfer. Also, concern was expressed regarding the use of this equipment by buses because a bus makes a run every 20 minutes. Councilwoman Coontz commented this was placed on the agenda for discussion by all departments involved. The resolution on the agenda is a concept resolution and items of concern may be added. The costs for the device are approximately $3,000 to $5,000 per intersection. The long range solutions need to be considered. Fire Chief Rowlett indicated he could support the County-wide pre-emption system. This system is possibly a long range solution to increasing response times; however there are problems as alluded to by the Traffic Engineer.Police Chief Robertson has had experience with it in Garden Grove. He would like to know, from a safety standpoint, if this system would assist in the risk factor when the Police are in a pursuit situation.The City Attorney responded to a question from Council regarding whether this would cause an increase in liability. The following three sources were identified: 1) design of the system; 2)malfunctioning of the system; and 3) actions of operating employees. However, the City Attorney could not say, from what he knows about the system, whether it would increase the liability for the City. A study would have to be completed. MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to authorize the City Manager, in conjunction with the Department Heads, create a letter for the Mayor's signature on behalf of the Council, to OCTA expressing support of a County-Wide Signal Pre-Emption System in the development stage and to include a list of concerns expressed, including the liability question and the necessity of inclusion of CalTrans, etc. URGENT ITEM - AIRPORT, EL TORO REUSE ORGANIZATION MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the need to discuss this item arose after the posting of the Agenda.The City Manager reported on the letter was faxed to Supervisors Vasquez and Steiner with copies to the rest of the supervisors and the City of Anaheim. As of this date, no reponses have been received.Page 4 CITY COUNCIL MINUTES OCTOBER 19, 1993 3. REPORTS FROM MAYOR BEYER (Continued) Councilwoman Coontz reviewed several portions of the letter, and indicated the City of Orange is six miles from the EI Toro base. This is the same distance as Laguna Niguel which has a seat on the committee. Supervisor Vasquez has not shared his plan with any of the other supervisors. However, his staff will be working on it for two weeks, present it to the Board of Supervisors for approval, then distribute it to the Cities and Counties for their approval. The County has 25% of the voting ability, Irvine has 25% and the remaining cities share 50%. The City of Orange needs to be more vocal and involved. The 4th District should be supported by both supervisors. Councilman Spurgeon commented he had talked to Supervisor Steiner who is working on the concerns of both the City of Orange and Anaheim, and has not made up his mind. Supervisor Vasquez needs to say what kind of role the City of Orange will play. Bob Bennyhoff, 10642 Morada Dr., read portions of a letter that was sent to all the Board members for their review from Supervisors Vasquez and Steiner. It outlined their voting point system to be used by cities, businesses and other participants. Councilman Spurgeon indicated the flight pattern is of great concern and should be discussed. MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to include the question of the EI Toro Reuse Organizational Structure as a continuing item on the Agenda. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to authorize the Mayor to follow through on the communication to Supervisor Steiner,dated October 14, 1993, with copies to Supervisor Vasquez and to hold with further conversation with both individuals regarding the airport reuse organizational plan.4. REPORTS FROM COUNCILMEMBERS 4. 1 Consideration of resolution to support Countywide Emergency Signal Pre-emption (See Item 3.1 for discussion.)5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PageS CITY COUNCIL MINUTES OCTOBER 19, 1993 6.ADMINISTRATIVE REPORTS TAPE 1871 6.1 Report on information requested by the City Council in connection with the Employee Health Council recommendation that the City contract with the Public Employees' Retirement System Health Care System for medical coverage for city employees. (C2500.J.4.16) The Personnel Director provided Council a memo on their concerns from last week's Council meeting. It was reported there are 11 cities enrolled in PERS, with the addition of Tustin. It was reported you have to stay in the PERS system for two years. After that time you have the ability to get out, if desired. Mike Wilson, representing Mercer, reported the County of Riverside was unhappy with general service issues, and how the contribution is required from the County organization is considered relative to vesting for the employee population. The County did go through a lawsuit with employee organizations relative to vesting issues and PERS which had something to do with the decision to pull out ofPERS. There is a likelihood that General Accounting Standards Bureau may require organizations that have post employment medical benefits to account for those over the service of an employees lifetime as opposed to a pay as you go. The Personnel Director was instructed to examine the County of Riverside's concerns and present the report to Council at the October 26, 1993 Council meeting. 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAffiS TAPE 2280 8. 1 RESOLUTION NO. 8248 A Resolution of the City Council of the City of Orange making certain findings in connection with an Owner Participation Agreement by and between the Orange Redevelopment Agency and Roseburrough Tool, Inc. (RA2100.0)MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8248 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 8252 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Collins Avenue from Eckhoff Street to Roberto Street.A2100.0.Agr.2033) Page 6 CITY COUNCIL MINUTES OCTOBER 19, 1993 8. LEGAL AFFAIRS (Continued) Bid No. 923- 07 R J. Noble Company; MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8252 as introduced be adopted and same was passed and adopted by the preceding vote. 8.3 RESOLUTIONNO. 8253 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.2093)Bid No. 923-18 C. W. Neal Corporation MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8253 as introduced be adopted and same was passed and adopted by the preceding vote.8. 4 RESOLUTION NO. 8256 A Resolution of the City Council of the City of Orange approving an application for grant funds from the California Used Oil Recycling Block Grant Program to develop and maintain a Used Oil Recycling Program. (C2500. G)The Street Superintendent explained the study will develop the locations.MOTION SECOND AYES Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8256 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page 7 CITY COUNCIL MINUTES OCTOBER 19, 1993 10. ORAL PRESENTATIONS Councilman Murphy requested permission to leave the State for 36 hours. MOTION SECOND AYES Barrera Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Approved the request. 11. RECESS MOTION SECOND AYES Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 4: 25 P.M. to a Closed Session for the following purposes:a. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956.9(c).b. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957. 6.c. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b )(1).d. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.NOTE: The City Attorney requested Item e be removed from Closed Session.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 Richard Arlen, a citizen of Orange. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS Councilman Gleason from Orange New South Wales was presented some gifts from the City Council and thanked the Sister City organization for all their assistance on this trip.Page 8 CITY COUNCIL MINUTES OCTOBER 19, 1993 12.3 INTRODUCTIONS - None 12. 4PROCLAMATIONS - None 12.5 PRESENTATIONS Consent Calendar Item 2.4 wascontinued to this time.Request Council certifY Negative Declaration No. 1440-93; City of Orange Water Well No. 24;Collins Avenue at Wanda Street. Fiscal Impact: None The Assistant Manager of the Water Department reported this well is sixth in a series of wells to add capacity to the City's water supply. This project was reviewed by the Planning Commission with no objections proposed. This well will be constructed behind an existing water tank and will not require landscaping.MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.13.PUBLIC HEARINGS TAPE 2619 13.1 APPEAL NO. 416, CONDITIONAL USE PERMIT 2033-93, LARGE FAMILY DAY CARE REQUEST:Time set for a public hearing on petition by Mayor Beyer to appeal the decision of the Zoning Administrator on September 16, 1993 to allow the applicant, Eva Perry, approval to operate a large family day care in a single family residence. The Perry's residence is located on the north side ofJacaranda Avenue between Handy and Hart Streets and is addressed 2621 E. Jacaranda Avenue. The property is zoned R-I-6 (Single Family Residential, minimum lot size requirement of 6,000 sq. feet) and has a General Plan Land Use designation of Low Density Residential, 2-6 dwelling units per acre. (A4000.0) NOTE: This project is categorically exempt from the California Environmental Quality Act CEQA) per State CEQA Guidelines Section 15301. APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: The proposed project has the potential for neighborhood impacts that deserve specific review by the City Council. " MAYOR BEYER OPENED THE PUBLIC HEARING. Page 9 CITY COUNCIL MINUTES OCTOBER 19,1993 13. PUBLIC HEARINGS (Continued) The Director of Community Development gave the presentation and indicated at the Zoning Administrator's hearing a petition was submitted with approximately 60 signatures in opposition to the use. The spacing criteria established by the State requires there shall be no other similar type of use within 300 ft. The closest large family daycare home to this property is located at 911 N. Clinton, 800 ft. away. Conditions recommended by the Zoning Administrator address the parking, traffic control and noise issues. There is a condition that requires the garage be maintained for garage purposes, that the driveway be maintained for drop-off for persons utilizing the facility, and specific hours of operation for outdoor play.The Director of Community Development answered the following questions outlined in Mr.Helmick's letter, dated October 12, 1993. 1.) It was made clear, a person does not have to have a license for this type of use before a land use change is requested. 2. )The Department of Social Services was contacted and it was stated the applicant has met the pre-qualifications for licensing.3.) The Director of Community Development was not aware of any other businesses being operated in the home.The City Attorney opined the State does not look at this request as a business.Council asked if the City had any process or procedure of any preliminary evaluation and accreditation of the individual. The Director of Community Development commented the State can be contacted for information.The City Attorney opined the City can gather information from the State regarding the licensing,but is not sure if information is found that Council would have any jurisdiction to do anything.The following people spoke in opposition to the appeal:David Perry, 2620 Jacaranda Carol Markley, 7922 E. LakeView Trail Speaking in a neutral position:Carol Walters, 534 N. Shaffer.The following people spoke in favor of the appeal citing increased traffic with safety concerns,noise problems which will increase with 12 children, and loss of property values:Russ and Carmen Helmick, 2611 E. Jacaranda Charles Burnett, 930 N. Hart Randy Tharaldson, 2632 E. Jacaranda MllIjorie Fairbanks, 2601 E. Jacaranda Chris Rathman, 2622 E. Jacaranda Ronald J. Mullion, 2543 E. Jacaranda CITY COUNCIL MINUTES OCTOBER 19,1993 13. PUBLIC HEARINGS (Continued) THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC HEARING. The following minute orders were recorded: Councilman Murphy: "One of the things that troubles me about this particular item is the fact that we are limited in the scope as to what items we can take into consideration. A point of clarification again, the City Attorney mentioned those four items as listed, but I also understood that building and fire codes and the safety issues are a part of that as well based on that discussion. The thing that concerns me quite candidly on this particular one is that it truly has been four children so far, and it appears to be noise problems with the property, at least on the basis of the citizens that are here in the room. I quite candidly can't believe that there wouldn't be additional noise impact, and a basis for a support of the appeal and denial of the permit on that basis. I wanted to state this ahead of my vote. " Mayor Beyer: "That's what I based my motion on was traffic and noise. " Councilwoman Coontz: "I get the feeling that because of the strength of the State law and our inability to address the issues we would like to address, that possibly through the preliminary hearing process of the Zoning Administrator there probably isn't much that is done. I have a feeling that is what the situation is if you listen to what the residents have to say. The legal question and the cost to the City if we upheld the appeal are of interest to me, because it would be a financial impact on the City of Orange." Councilman Spurgeon: "My number one consideration is on the basis of safety, traffic and noise." MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy CEQA Motion: Moved that this project is categorically exempt from the California Environmental Quality Act ( CEQA) per State CEQA Guidelines Section 15301.MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to uphold the appeal and deny the application. The Department of Community Development to investigate a change in the procedures on how the City deals with the State regulatory offices, and facts on how many daycare homes operate in the City.14. PLANNING AND ENYmONMENT - None Page 11 CITY COUNCIL MINUTES OCTOBER 19,1993 15.ORAL PRESENTATIONS TAPE 4955 15.1 Presentation from homeowners regarding "No Parking Street Sweeping Program". Continued from 9/14/93.) (S4000.S.3.1.3) The Director of Public Works reviewed the past history of the street sweeping program, the Clean Water Act of 1972 and the National Pollutant Discharge Elimination Program. Because of the City's furlough program, it was reported Public Works could not sweep the City efficiently without the No Parking on Street Sweeping Day Program. The vast majority of calls to Public Works have been in support of this program. The City Attorney expressed concern about granting multiple requests to exit the program which would reduce the impact on the program. Dennis Choate, 2183 Bailey St. commented he and his neighbors do not want to be told by elected officials to clean up their streets. The houses on this street are isolated, with no abandoned cars. Requesting Council to please not enforce the ordinance. Mayor Beyer announced he had received a letter from Mr. Bill Holt opposed to the exemption from the program. MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to deny the request.AIRPORT - REUSE OF THE EL TORO MARINE STATION Supervisor Steiner discussed the recent planning activities for the reuse of the EI Toro Marine Station and the strategy that is evolving relative to voting delegates depending on their proximity to the base. The plan is constantly changing and there will be compromises made. However, only Orange and Anaheim of his district cities have expressed interest or concern.Supervisor Steiner commented he is available to discuss this issue with all Councilmembers for their input.Page 12 CITY COUNCIL MINUTES OCTOBER 19, 1993 16. ADJOURNMENT MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 8:58 p.m.t:/!I.- r/~cU~MARlL YN . JEN , C CITY CLERK Page 13