01-28-1992 Council MinutesAPPROVED BY CITY COUNCIL ON FEBRUARY 11,
CITY COUNCIL MINUTES
OF A REGULAR MEETING
1992.
ORANGE,
JANUARY
421
CALIFORNIA
28, 1992
The City Council of the City of Orange, California convened this 28th
day of January, 1992 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
2. ROLL CALL
PRESENT - steiner, Barrera, Coontz, Spurgeon ABSENT -
Mayor Beyer 1.3
APPROVAL OF MINUTES Regular Meeting -
January 14, 1992 MOTION SECOND AYES
ABSENT
steiner
Coontz
Steiner,
Barrera,Mayor
Beyer Coontz,
Spurgeon ACTION: Approved.
1.4 PROCLAMATIONS -
None 1.
5 PRESENTATIONS/
ANNOUNCEMENTS/INTRODUCTIONS a. Resolution No.
7941 was presented to John
Heeks of the Community Development Department commending him for more than
eighteen years of loyal and dedicated service.2.
CONSENT CALENDAR TAPE 132 All matters on
the Consent Calendar are considered
by Council to be routine and will be enacted by
one motion unless a Councilmember requests separate action, discussion, or removal of
the item.This agenda contains a brief
general description of
each item to be considered. Except as otherwise provided by
law, no action shall be taken on any item not
appearing in the following agenda.PUBLIC PARTICIPATION: At the conclusion of
the meeting
on items listed on this agenda, members of the
public may address the City Council on items of interest to
the public that are within the subject matter jurisdiction of the City
Council.Page 1
422
CITY COUNCIL MINUTES JANUARY 28, 1992
2. CONSENT CALENDAR (Continued)
2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting
of City Council Agenda of a regular meeting of January 28,
1992, at Orange civic Center, Main Library, Police Facility at
1107 N. 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 the Mayor and Director of Finance to draw warrants
on City Treasurer in payment of demands.
ACTION: Approved.
2.3 Request approval to transfer $35,532.00 from Unappropriated
Reserves, Fund 355 (Asset Forfeiture) to Account
355-4051-781200-2300 (Capital Improvements)
to fund previously approved security gates and fencing for
the Police facility.A2100.
0 A.
1849)ACTION: Approved.2.4 Request approval to transfer $13,650.00 from
Fund 355 (Asset Forfeiture) to Account 355-4011-
429400 (Local Training) to pay for the Police Officer Driver
Training at the San Bernardino Sheriff'
s Emergency
Vehicle Operation
Center.C2500.K)ACTION: Approved.2.5 Award a
computer maintenance agreement, "North Net Communications" to Maintech,
Division of Volt Delta, Orange,California, in the amount of $36,500.
00, and waive the formal bid process under OMC 3.
08.14, Account No. 370-9601-
427800 Contractual
Services). (A2100.0 A.l907)ACTION: Approved.2.6 Request approval
from the Antique Association to waive banner fees for the 15th Annual
Antique Faire to be held on February 15,
16 and 17, 1992. (P1300.0.9)
Discussion: Council indicated they are recognizing some consideration given
in support of this request, however these
costs cannot
be waived
423
CITY COUNCIL MINUTES JANUARY 28, 1992
2. CONSENT CALENDAR (Continued)
2.7 CLAIM FOR DAMAGES FROM:
a. GLORIA YOUNG for an alleged incident occurring on or about
November 23, 1991.
b. BRYAN LENTZ for an alleged incident occurring on or about
October 13, 1991.
ACTION: Denied and referred to City Attorney and Adjuster
for a report.
MOTION - steiner SECOND -
Coontz AYES - steiner,
Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
All items on the
Consent Calendar were approved as recommended.END OF CONSENT CALENDAR
TAPE 216 OC1300.J,
OR1800.0.
89)3. REPORTS FROM MAYOR
BEYER The following comments were
given by Mayor pro tem Barrera regarding the Thea Lacy Jail
Expansion: "This morning I attended a meeting of the Orange county
Board of Supervisors along with councilmembers Coontz and Spurgeon, Bob
Bennyhoff representing our citizens Against Jails Committee, our legal
Counsel Susan Trager and our city Manager and City Attorney. As
you may know, the County is once again considering the feasibility of
expanding the size of the Theo Lacy Branch Jail in order
to solve its jail overcrOWding problem. This is a proposal that gravely
concerns all of us."Councilman Spurgeon, designated by
Mayor pro tem Barrera as the official spokesperson for the
city reported on the results of the meeting: "The County has
launched the process of expanding the Theo Lacy Jail even further
than has already been approved. The Board of Supervisors this morning, with
Supervisor Roth voting against, voted 4 to 1 to
begin the environmental documentation for expanding Theo Lacy Jail to a
total capacity of 2228 inmates. This would include maximum security inmates.In
addition, the City
learned last night, and also today it was confirmed this morning by
the Sheriff, that already some maximum maximum security inmates under
a new classification system he devised in November', November 6th
to be exact, have been going to Theo Lacy.In October, those same
inmates could only have been held in the main jail in Santa Ana.)
Now they are in Orange, even though the jail as it stands today is
not certified by the state to house maximum security inmates.Page 3
424
CITY COUNCIL MINUTES JANUARY 28, 1992
3. REPORTS FROM MAYOR BEYER (Continued)
In response to
legal counsel,
security risk.
classification
this announcement to
the Sheriff admitted
The Sheriff refused
policy.
the Supervisors by our special
he was uncomfortable with the
to provide us with this written
This morning, Councilwoman Coontz and I, along with Mr. Bennyhoff,
urged the County, in the most forceful terms to honor the city's
agreement with the County, which we entered into to prevent exactly
this sort of expansion. That agreement was arrived at less than two
years ago, and it was designed to protect the citizens of Orange from
the presence of the most dangerous criminals.
This morning, the County and the Sheriff turned their back on our
agreement. The Board of Supervisors voted 4-1 to endorse a
report which will make Theo Lacy Jail the County's main jail.
Evidently,agreements with the County are no longer
honored.It is a matter of integrity, and I emphasize that;
Councilwoman Coontz emphasized that and Bob Bennyhoff made an impassioned plea
to the County to honor its word. But the County is turning its back
on our agreement with us. We can assure you that this will not
happen again. The City is taking the offensive on this front. We are
going to do everything in our power to prevent further expansion of
the Theo Lacy Jail, and to get the maximum security dregs of society
out of our community. This jail is already too big and too
risky.In the past ten days we, as a Council have: Reactivated
the citizen's Jail Committee; hired a law firm that specializes
in environmental law, which guided us in the earlier fights about
jail expansion; assigned Sabine Wromar and Vern Jones to coordinate
our internal analysis to begin the painstaking assessment of how
further expansion of Theo Lacy Jail will interfere with traffic
circulation,business and the health and safety of our citizens and our
neighbors;begun forming a coalition of our neighboring communities
and organizations, such as Anaheim, Garden Grove, Orangewood Home
and Tishman; initiated a vocal campaign letting all of the other
cities in Orange County know that they can't trust the word of the Board
of
supervisors.We will use every means available to stop the County to stop
this desperate plan, and to stop the expansion of Theo Lacy. We
will fight for the city and will see to it that every arm of the city
does the same. This is something there is complete consensus on. As
more information becomes available through our Executive Sessions, we
will continue to update
you."Councilwoman Coontz commented she had participated in a
petition drive with the citizens committee, when she first was elected
to Council. The jail is located at the confluence of three
major freeways, along with the Southwest Orange Redevelopment area and
the city Shopping Center, which is hoped will become the golden
triangle of central Orange County. This will be of great economic benefit
to the city. We are disturbed the economic benefit would be
tampered
with.Page
425
CITY COUNCIL MINUTES JANUARY 28, 1992
3.1 REPORTS FROM MAYOR BEYER (Continued)
Because of the agreement with the County, the City has proceeded with
major development proposals, which includes Tishman working on a
proposal to redeveloped the city Shopping Center area, and IDM
Corporation, as well as others. There is a significant investment in
infrastructure by the Department of Public Works. A program designed
to diversify and solidify the tax increment revenues which are shared
by the City and the County.
Councilman steiner commented, as Director of the Orangewood
Children's Foundation, there are nearly 200 children living as close
as 100 feet from Theo Lacy Jail. It is important for people to know
that the Chairman of the Board of Directors has gone on record, in
writing, to the Board of Supervisors urging them to honor their
original commitments, to cap the population at the Theo Lacy Branch
Jail and exclude the maximum security prisoners. The charitable
dollars cannot be used to litigate this issue. The foundation has to
rely on the Council to pursue those measures.
Bob Bennyhoff, 10642 Morada Dr., suggested Council adopt a formal
resolution requesting from the Sheriff the exact classification used
at this time. The Council and Police Chief needs to know this
information for security and safety purposes.
Mr. Bennyhoff asked if the Library headquarters will be used as a
jail warehouse, which is directly adjacent to Orangewood Childrens
Home? Councilman steiner indicated it the County Library
Headquarters potentially being manned by trustees from Theo Lacy; and
yes the original agreement was that the Library Headquarters was to
be a buffer between the Children's cottages and the jail wall, which
is in the EIR.
The City Council complemented Mr. Bennyhoff for all his interest and
hard work on this issue.
Councilman Spurgeon announced discussions with the City Attorney are
ensuing regarding a surplus of beds in San Diego County, and the
ability to sent inmates there to alleviate the problem.
4. REPORTS FROM COUNCILMEMBERS - None 5.
REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS - None 6.ADMINISTRATIVE
REPORTS TAPE 2074 (C2300.E GPA 2-90-A&B)
6.1 Report on the consideration of request from T. J. Clark, et
al, regarding reconsideration of rezoning the 300 Block of North
Olive Avenue. (Copy on file in the City Clerk's Office.)
The Manager of Advanced Planning indicated the City, approximately
one year ago hired Planning and Design Solutions to prepare a land
use study for the northwest quadrant of Old Towne addressing a lack
of conformance between the General Plan and Zoning for the Cypress
Page 5
4 2-
6'.CITY COUNCIL MINUTES JANUARY 28,
1992 6.1 ADMINISTRATIVE REPORTS (
Continued)street area, residential neighborhood and also addressing the
change in land use in the railroad depot area from Industrial to
Commercial and Residential. Staff was instructed by Council to look at
the entire area as a
unit.During the Spring of 1990, four public workshops were held, two
on the Cypress Street area and two on the Railroad Depot Area.
Twenty to thirty property owners and/or residents were present, with
the Cypress Street issues drawing a greater number of people.
Notices were sent to property owners at addresses listed on the
County Assessor's roles. The consultants also hand delivered notices to
all residents in the area. The Planning commission also held three
study sessions, with
notification.The letters and hand written notes submitted by Mr. Clark
represent the owners of 12 of the 19 parcels in the 300 block of N. Olive
and Lemon Streets. The official notification list for the
public hearings before the Planning commission and City Council includes
all but one of the properties in the Mr. Clark's
group.The existing use of the 19 parcels in the 300 block of North
Olive and Lemon Streets is predominantly single family (14) lots, plus
3 duplex lots, one triplex and a 5 unit building. All the lots
conform to the R2-6 zoning except for the triplex and 5
unit development.The 5 unit building would be non-conforming even
under R4 zoning because the General Plan only allows 3 dwelling units
per lot. Out of the 19 parcels being considered, 16
contain contributing historic structures, two of which are duplexes. The
existing R2-6 Residential Duplex zoning will allow an additional dwelling unit
to be added to the rear portion of the l4 single family
home lots while retaining the existing home and low density
appearance from the street.Conversely rezoning to R4 will encourage
removal of the existing homes (historic structures so that new multi
family
units can be built.The City Clerk read a faxed message
received from Jewel Decker property location, 332 N. Olive Street,
requesting the zoning be reinstated and that he be officially notified
of Council's future intentions for the district immediately. The fax
was signed by Jewel
Decker and Carol Peterson.The following people spoke, indicating they
had received no official public notice, and requested reconsideration
to zone
their properties to R-4.
Maxine Quirk, 331 N. Olive Gladys Williams, 320 N. Olive
st. and 233 W. Palm
Ted Williams, 233 W. Palm Royal Lord, 13552 Malena Dr., Tustin, owns
property at 349 N. Olive Also, expressed comments regarding
the Theo Lacy Jail issue.)The following people requested their
comments
be placed
427
CITY COUNCIL MINUTES JANUARY 28, 1992
6. ADMINISTRATIVE REPORTS (Continued)
Alice Clark, 205 N. pine st., "We also did a lot of research on this.
I submit that the original notice supposedly mailed to everyone and
probably mailed to everyone said this, "On April 6, 19990, Dear
Residents, property owners, business owners, interested citizens:
The City of Orange invites you to attend a community workshop on
Wednesday, April 18, 1990 at 7:00 P.M. at the Friendly Center, 615 A
North Lemon street, to discuss proposed land use changes in the
Cypress street area. I would like to state right now that I have
lived here since 1952 and never knew that part of the northwest
quadrant as the Cypress street area until this came up. I submit
that many people living there did not recognize that their street was
the Cypress street area, if it wasn't named Cypress street.
Not once in this notice is it bounded, just called the Cypress street
area. I have no quarrel with your desires to improve the area, I
just submit that there were people on that block that never received
any notice that they could relate to to this first study session.
Some where in the records that I looked at, many times, but recently
they have been neated up and put into folders, and I can no longer
find it - it said that the people who came to the first workshop were invited
back to the second workshop. It's very interesting to me that
of the 28 people who attended the first workshop, 10 were members
of the Old Towne Preservation Association, obviously very interested
in keeping this area nice. Many of the other people there were
not owners of property, and I feel that going back to the very beginning,
people did not really know what was going on. From that time
on from probably before the first workshop, but I'm not sure,there
was a petition circulated, I don't know, I can't say or prove that
the Old Towne Preservation Association had it circulated; but that'
s our feeling. It was circulated to the people who would vote for
this down zoning, and it was never presented to these owners who are
here today, and those who are not here that signed petitions to think
this over again. It was never presented to them at all. They were
just left out of the whole process. Once it got started, it just
zoomed along without them. In the consultant's report, no it is not
there at all, it's in a letter from a preservation member.It
tells you how we feel about this too. This letter was received by the
City on May 4, 1990. It says, and I don't need to name the name of
the writer, but I'll give it to you if you want it. "I also think it
is interesting to note that none of the landlords have come forward
to oppose or endorse the proposed plans for the area. Well,I
wonder why? Those residents that are coming to the study sessions and
I think so far there were more workshops than study sessions, and are
genuinely concerned about their living conditions are the ones that
should be listened to. They are overwhelmingly in favor, and so on
and so on.It
bothered me that you felt that you did not have a consensus of the neighborhood.
Obviously, the City at that time felt they did not have
that consensus. If that bothered you, then you should devise some
kind of a system to gather that information rather than assuming yourselves
that there's not consensus."Page
7
428
CITY COUNCIL MINUTES JANUARY 28, 1992
6. ADMINISTRATIVE REPORTS (Continued)
I agree they should have devised some kind of a system, they should
have looked at this sign-in sheet from the first workshop and
said,Hey, wait a minute, this doesn't look normal, there is
something wrong here." Also, when the consultants who they cannot trace
the lady that was supposed to have passed these things out
door-to-door did she? No body in these addresses we have been
working with has ever received any of that kind of notice. I submit it
was done most unfairly, not deliberately unfairly on the city's part,
but it just got away from them because of the pressure of
a special interest group who took over and sort of ran things
from then on."T. J. Clark comments are as follows: "In referring
to Mr. Jere Murphy's presentation on our request for reconsideration
on the down zoning of the 300 block of North Olive, we notice in
Mr. McGee's letter, page 2, paragraph 2, that the consultants on
this project had hand delivered notices to residents within the Cypress
street area as a means of insuring that the residents of the area were
aware of
the public workshops.All the property owners who have submitted statements,
say they were never at any time hand delivered any notices.
Several owners outside of Olive street advised me that they never
received hand delivered notices. It should only be right that the City
staff produce the consultant. Also, Ann Freitas who could not be
here today because she broke a foot and is on the couch. She lives at
321 N. Olive,could not possible have received a hand delivered
notice because she was in Europe during the month of
April and May.Further, in paragraph 7, it is stated, 11 of the
12 property owners received notice of the public hearings according
to City records.Upon requesting who the owner was and why, I was told he
was not on the list and was not sent a notice. Something appears
to me very wrong there. The notices were not received, we
presume they were sent registered mail, apparently not though. The
City should have some record of this verification some way. Since we
do not have proof of the original notice that was supposedly sent
to the property owners within the 300 block of North Olive
Street, we respectfully request that R-4 zoning be reinstated
immediately without any further delay. I further request on the advice of Council,
that I want my statement
put in the minutes."The City Clerk read and exhibited the city
Council notice of public hearing sent to the affected property
owners, and property owners within 300 ft. around the area, and verified
the list was obtained from the Tax Assessor's parcel list. The City
Clerk has kept a record of all returned postcards for any
reason. The postcards were not sent certified, but enough postage was paid
to ensure the Post Office would
return all undeliverable postcards.Council discussion ensued regarding
acknowledgment that the legal public hearing notices were mailed according to
the purview of the requirements of the Government Code.
Reconsideration of the request was considered because of their property
rights and values. The Director of Community Services was asked
to estimate costs relative to staff time to process a normal
zone change application. He
indicated approximately $
429
CITY COUNCIL MINUTES JANUARY 28, 1992
6. ADMINISTRATIVE REPORTS (Continued)
The Director of Community Development commented with the assumption
that Council would want to reconsider the zoning on the property, the
area would include the three one-half block areas Mr. Murphy
referred to in his report. Some of the owners within that area, have
not given the City authorization to initiate a zone change. It will
take the direction of Council to initiate
it.MOTION - Coontz
SECOND - Barrera AYES -
Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor
Beyer Moved to initiate
a public hearing to consider a rezoning from R2 to R4 of the
three half-block areas (east and west sides of 300 block of North Olive
Street and the east side of the 300 block of North Lemon Street. )The
Director
of Community Development commented it would take approximately 60
to 90 days for processing.7. REPORTS
FROM THE CITY MANAGER TAPE 2336 -
C2500.J.1.1)7.1 Report
from the City Manager on the Mid-Year Budget Adjustments.The
City
Manager presented the following report: "In presenting the proposed 1991-
92 Orange City Budget to you last June, I recommended that
you balance the 1991-92 general operating budget of $53 million
by using $2.1 million in general operating fund reserves. Since last
June, the economy has continued its decline. It is now projected
that revenues for the fiscal year ending June 30, 1992, will be $2.75
million dollars less than we anticipated seven months ago.
To address this growing shortfall, last month, I asked each of the
City'S department heads to propose reductions in their departmental
budgets for the balance of this fiscal year amounting to 5% of their
approved operating appropriations. Departmental responses were
shared with the Management Audit Committee, consisting of Councilman
steiner and Councilwoman Coontz, in a day long session on January
7th. During that session, Council Members Coontz and Steiner
proposed more than $175,000.00 in additional reductions beyond the
nearly $1.1 million in reductions recommended by staff.
The item before you this afternoon is a proposal developed jointly by
department management, the City'S budget team and the Council's
Management Audit Committee. I will be briefly reviewing the first
part of the proposal, the budget reductions and Councilwoman Coontz
and steiner will be presenting the second part of the proposal, a
series of policy recommendations to help the City better manage our
budget deficit the balance of this fiscal year and into next year.
Page 9
430
CITY COUNCIL MINUTES JANUARY 28, 1992
7. REPORTS FROM THE CITY MANAGER (Continued)
with respect to the proposed reductions, which are detailed on
Attachment B of the Budget report, I would briefly like to highlight
just a few of the more important reductions as they affect each
department or major activity.
City Council - First, on a percentage basis, the Audit Committee has
recommended that the city Council's three budget activities be reduced
by a greater percentage than any other department. The recommended
reductions represent 17% of the appropriations for Council
operations, for Community Promotion, and for Public Communications.
The recommended reductions in these Council activities
totals more than $143,000.00.In
the community promotion and special event areas, proposed reductions
total more than $110,000.00. six programs are recommended to
be postponed or discontinued, City-sponsored parade floats, the
printing of new city maps, the Business and Industry Beautification
Award Program, the City contribution to the Pattison Youth Leadership
Program, the community Pride Program, and the 1992 May Festival.
City Manager - Second, in the City Manager's office, with the understanding
of the affected employee, one presently filled position is
proposed for elimination as of the first of March. The entire City
wishes Mark Hamilton well as he leaves City employment to compete
for a place on the 1992 U. S. Olympic Kayak Team. Other contemplated
personnel moves in the future will serve to further reduce
the staffing in the City Manager's Office. The total recommended
reduction in the City Manager's office is $31,191.00 or 5%
of the departmental operating budget.Data
Processing - Third, in the Data Processing area, $10,000.00 in contractor-provided
training on specialized software will be eliminated
in favor of an in-house training program focusing on
standard City software such as Ashton Tate, MUltimate, Microsoft Word
and Word for windows, Lotus 1-2-3 and Microsoft Excel and
Excel for Windows. The total recommended reduction in Data
Processing is 62,000.00. This represents 5% of the departmental
operating budget.City Attorney - Fourth, in the City Attorney's office,
reductions in appropriations for outside legal counsel for certain
tort liability cases can be made as some of this work is
brought in-house. The Audit Committee would like to see even
more cases brought in-house in the future, as it is in almost
all cases less expensive to have City Attorney staff handle cases
then to contract for outside Counsel. The total recommended reductions
in the city Attorney's office is in excess of $37,000.00. This
represents 5% of the Attorney'
s departmental budget.city Clerk - Fifth, salary savings from one
vacant position,together with reductions in travel and training
accounts, represents the recommended reductions for the smallest department in
the City,the City Clerk's office. Together, these items represent 7%
of the department's operating budget. They total $30,
800.00.
4 31
CITY COUNCIL MINUTES JANUARY 28, 1992
7. REPORTS FROM THE CITY MANAGER (Continued)
Finance - Sixth, salary savings from four vacant positions, plus an additional $
4,500.00 in travel and training reductions, represents 6%of
the Finance Department's operating appropriations. The total for the
department is more than $110,000.00.General
Services - Seventh, one vacant position and almost $6,000 in additional
reductions in General Services represents 6% of the department's
operating budget. The department total is $47,980.00.community Services -
Eighth, in Community Services, there is one vacant position. Proposed
reductions and transfers in the department total nearly $280,
000.00. Included in this total are proposed reductions in watering
and mowing schedules, and a 10% reduction in the number of
street trees scheduled for trimming. Over $17,000.00 in energy savings
are anticipated through Shutting of selected lights in selected City
parks at 11:00 P.M. Substitution of community Development Block Grant
reserve funds for general operating funds earmarked for the
Youth Alternative Program is also proposed.Community Services Department
reductions and transfers total more than $320,000.
00. This represents 7% of the department's operating appropriations.Personnel - Ninth,
more
than $56,000.00 in reductions are recommended in the Personnel
department. This represents 8% of the department's operating budget.
Library - Tenth, there are
nine vacant positions in the Library department. Additional vacancies may require
a reduction in operating hours for the branch
libraries, although policy direction from the City Council would
be requested prior to any reduction in operating hours. Recommended appropriation reductions
in the department totals nearly $53,000.
00. The includes a $45,000.00 savings in the development of
the next portion of the Automated Library System, which will now
be installed entirely at the vendor's sole cost and expense. In
sum, Library vacancies and reductions total more than $217,000.
00, which represents 7% of the departmental operating budget.Community Development - Eleventh,
the annualized
savings for vacancies in Community Development, including vacancies
in partial Redevelopment Division funded positions in other
departments, totals nearly $238,000.00 Outside plan
check contracts and outside consultant review of fiscal information on
the proposed Irvine Co.development are recommended for reduction due
to the slowdown in development and planning activity. Salary savings
from vacancies plus appropriations reductions totals over $319,
000.00 for the department. This represents 6% of departmental
operating appropriations.Public Works - In DPW there
are
eleven vacant positions, the most of any department. This is causing operational
difficulties in some Page 11
CITY COUNCIL MINUTES JANUARY 28, 1992
432
7. REPORT FROM THE CITY MANAGER (Continued)
divisions within the department which must be addressed. Transfers
within the department, and from other departments are presently under
consideration. More than $40,000.00 in reductions and transfers are
recommended in Public Works. When combined with the salary savings
from the vacant positions in the department it will exceed its 5%
reduction target by a full percentage point.
Fire Department - In Fire there are presently two vacant positions.In
addition, with the promotions of Ed Rowlett to Chief and Dave Rudat
to Assistant Chief, one Battalion Chief position has been eliminated.
The annualized cost of these three positions is 274,
106.00. In addition to this salary savings, departmental reductions
totaling more than $304,000.00 are proposed.Significantly,
reductions other than removing the Brush Rig at station #
7 from service are now currently proposed. By reducing its fiscal
year 1991-92 contributions to the Vehicle Replacement Fund,
the Fire Department was able to meet its 5% reduction goal.
Police Department - In the Police Department there are seven vacancies.
The Audit Committee recommends that four administrative personnel
be assigned to fill vacant positions in the field. Between the
salary savings from these vacant positions and nearly $169,000.00 in
departmental appropriation reductions, the Police Department was able
to come up with a total savings of $538,000.00 or 3.5% of its operating
appropriations.Conclusion -
The 1.68 million in annualized salary savings from 40 vacant positions,
combined with $1.26 million in departmental and Audit Committee-
recommended reductions and transfers, means that the budget
deficit is being aggressively addressed. Using current assumptions
and projections, and assuming Council approval of the reductions
and transfer detailed on Attachment B which has been provided
to you, before the current year operating budget will be balanced
through the use of approximately $2.6 million in reserves.This
excludes the use of any of the $3.6 million in a contested one time
rebate of City contributions to the Public Employees Retirement System
which was authorized under AB 702. Using current projections and
assumptions, the City's General Fund Reserve and Disaster Fund Reserve
will stand at about $13.8 million on June 30, 1992, or at the end
of this fiscal year.While
this is still a respectable level of reserves for a City with a 53
million dollar operating budget, the City needs to position itselffor (1992-93 fiscal year) which could easily, in staff's
opinion, be another year of declining revenue growth.
The City Manager thanked the City's Management Team, the entire
Council and the Audit committee for their many hours of hard work.
The following is a report from the Council Audit Committee:
Councilwoman Coontz reported, "We've experienced a great deal of
support for the budgeting review process, which we initiated.
Personnel throughout the city family have given both formal and
informal suggestions, which have been very helpful. This is the
Page 12
CITY COUNCIL MINUTES JANUARY 28, 1992
433
7. REPORT FROM THE CITY MANAGER (Continued)
first time in the recent history of the City, the Council has dealt
to the degree that we have into the budgetary process. For the first
time, Council is reviewing its own budget, making cuts, and feel by
example to keep our own house in order.
As a "working Councilwoman," I believe that direct participation is
necessary to arrive at fiscally sound policy decisions. Councilman
steiner and I offered our services to meet with the City Manager and
each Department Head to review their proposals to reduce the FY
1991/92 budget. Through a series of focused interviews, the
Department Managers and staff, we were able to achieve an additional
175,559.00 in reductions. We hoped for more, but we can realize
more in the next budget session. Many days and hours were spent on
this process.
The current budget deficit is due to limited revenue growth caused by
the recessionary economy and increased demands for local government
services. Councilman Steiner and I believe that the Council should
provide strong policy direction to staff during the budgetary
process. In support of this commitment, we tackled the budget line
by line. Our most important task was to develop a new set of
policies, to prioritize programs, and to consider new money savingideastoreducetheimpactofnextyear's budget on the taxpayers of
Orange.
Some of the major policy recommendations of the Management Audit
committee are as follows:
Place the highest priority for funding on those programs necessary
to maintain the health and safety of our citizens.
Maintain essential services such as Police and Fire protection,
Public Works services including street maintenance and traffic
controls and other basic health and safety programs, including code
enforcement activities.
Direct the City Manager to continue the hiring freeze as necessary
and reassign existing City personnel to heavily impacted departments
to minimize any disruptions in services. This act alone will save
1.68 million dollars annually.
Identify and eliminate unnecessary and obsolete programs,
commissions and committees.
Establish a policy requiring annual review of all carryover funds.
Re-evaluate all City sponsored community programs and assist
the organizations in achieving
self-sufficiency.Councilman Steiner read the remaining
policy recommendations:Minimize out-of-
town travel for conferences.Direct staff to utilize an accounting
method which identifies all City costs for rendering support to programs
and special events, when services are provided by
virtually every City Department.Re-evaluate the existing depreciation
schedules of
the City'S vehicle fleet.Adopt a policy of reducing City
expenses for
City representation
434
CITY COUNCIL MINUTES JANUARY 28, 1992
7. REPORT FROM THE CITY MANAGER (Continued)
Implement a competitive bid process for the selection of outside
attorneys, when required to supplement the efforts of our City
Attorney's Office.
Direct the city Manager to evaluate the policies regarding the use
of city vehicles.
Councilwoman Coontz reported if the economy does not improve, it may
be necessary to consider more drastic budget reduction steps
including layoffs or the stabilization (freeze) of salaries. The
Audit Committee plans to closely monitor the fiscal health of the
city and stay closely involved with setting the Agenda next year.
Councilman steiner commented Council would honor the negotiated
salary agreements with the employee groups, and want a workforce with
good morale and productive.
The Management Audit Committee recommends that the Council adopt the
policies as a whole set forth in the mid-year budget
adjustment report dated January 28,
1992.Carol Walters, 534 N. Shaffer, praised the efforts of the
Police Department and does not want them to go to other cities for
higher
salaries.MOTION - Coontz
SECOND - steiner AYES -
steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor
Beyer Moved that Council
accept the amended Budget Reduction agenda item,dated January 28,
1992.8.LEGAL AFFAIRS
TAPE 3645 8.1 RESOLUTION
NO. 7943 A Resolution of
the city Council of the City of Orange upholding the recommendation of the
Zoning Administrator of the city of Orange and approving a Conditional
Use Permit to allow the renovation and conversion of an
existing service station to be used as a mini-market and to
allow the sale of beer and wine in conjunction with the sale of motor
fuel upon property situated at the northwest corner of Katella Avenue
and Cambridge Street (825 East Katella Avenue).A4000.0
No. 377)Conditional Use
Permit 1850-90, Appeal No. 377, Mayor Beyer MOTION -
spurgeon SECOND - steiner
AYES - Steiner, Barrera,
ABSENT - Mayor Beyer That
Resolution No. 7943 as
introduced be adopted and same was passed and adopted by the preceding
vote.Page 14
CITY COUNCIL MINUTES JANUARY 28, 1992
435
8. LEGAL AFFAIRS (Continued)
8.2 RESOLUTION NO. 7934
A Resolution of the City council of the city of Orange consenting to
the admission of the City of Dana Point to the Foothill/Eastern
Transportation Corridor Agency. (A2100.0 Al147.C)
MOTION - spurgeon SECOND -
steiner AYES - steiner,
Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
That Resolution No. 7934
as introduced be adopted and same was passed and adopted by the
preceding vote.8.3 RESOLUTION NO.
7940 A Resolution of the
City council of the City of Orange authorizing the Treasurer and the
Finance Director to establish a contractual procedure for wire transfers
of funds with the Bank of America.C2500.J.1)MOTION -
Barrera SECOND - Spurgeon
AYES - Steiner, Barrera,
Coontz, Spurgeon ABSENT -
Mayor Beyer Moved to continue Resolution
No. 7940 to February
11, 1992, as recommended by the Finance Director.9. RECESS TO
THE MEETING OF THE ORANGE
REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS corrine Schreck, 443 N. James
asked if downzoning
property would affect the City losing revenue.The city Manager
commented policy information would have
to be obtained from the Tax Assessor on the highest
and best use.The Street Department Manager remarked Proposition 13 set
property values at the sales price of the house,
which constitutes the property, not the zoning.Councilwoman Coontz commented there
are tremendous costs going
to crowded areas in the city with problems that
would be beyond any revenues the City would receive. This would be
just a small cost to the city, and is not a question that
could be answered easily.Page 15
436
CITY COUNCIL MINUTES JANUARY 28, 1992
11. RECESS
The City council recessed at 5:10 P.M.to a Closed session for the
following purposes:
NOTE: The City Attorney requested Item b not be discussed in Closed
Session, and added Doyle vs City of Orange to Item Number a.
a. To confer with its Attorney regarding pending litigation
pursuant to Government Code section 54956.9(a), to wit:
Serrano Irrigation District vs. City of Orange, Orange County
Superior Court Case No. 61 38 00
Doyle vs the City of Orange, Orange County Superior Court
Case No. 54 25 39
b. To meet with and give instructions to its negotiator regarding
real property acquisition pursuant to Government Code section
54956.8.
c. To confer with its attorney to decide whether to initiate
litigation pursuant to Government Code section 54956.9(c).
d. To meet and give directions to its authorized representative
regarding labor relation matters pursuant to Government Code
section 54957.6.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code section 54956.9(b) (1).
f. 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.
7:00 P.M. SESSION
12.INVOCATION - Reverend Eric Kaelberer, Immanuel Lutheran Church 12.
1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.
2 ANNOUNCEMENTS - None 12.3
INTRODUCTION - None 12.4 PROCLAMATIONS
None 12.5 PRESENTATIONS
None Page 16
437
CITY COUNCIL MINUTES JANUARY 28, 1992
13.PUBLIC HEARINGS TAPE 4021
T4000.0 No. 14544)
13.1 TENTATIVE TRACT MAP 14544, CONDITIONAL USE PERMIT 1721-
88,CLOSURE OF A PORTION OF STATE COLLEGE BOULEVARD, IDM
CORPORATION:The public hearing on petition by IDM Corporation to
consider Tentative Tract Map 14544 to allow the subdivision of the site
into seven parcels of land has been continued from December 17,
1991.Consideration of Conditional Use Permit 1721-88
allowing the modification of the site plan and project phasing
as originally approved; a request to close a portion of state College
Boulevard in favor of a realignment through the project site; and
consider an addendum to Environmental Impact Report 1262-
88, addressing the potential changes in the environmental impacts due to
the changes
in the project.The project site is located at the intersection
of state College Boulevard, The city Drive, Anaheim Boulevard and
the Koll Center entrance driveway. site development currently consists
of the Orange Drive In Theater located in both the cities of Anaheim (
5.7 acres)and Orange (12.1 acres). The General Plan designates
the site for commercial development at a Floor Area Ratio (FAR) of 1.5 - 2.
5 with a M-1 Light
Manufacturing Zoning designation.THE PUBLIC HEARING
WAS NOT OPENED.Mayor pro tem Barrera announced a letter was
received from IDM Corporation requesting a
30 day continuance.
MOTION - Coontz SECOND -
steiner AYES - steiner, Barrera, Coontz, spurgeon
ABSENT - Mayor Beyer Moved
to continue this item to February 25, 1992.C2300.
E GPA 4-91)
13.2 GENERAL PLAN AMENDMENT 4-91, PRE-ZONE
CHANGE 1140-
91,SOMMERVILLE/MOHLER:Time set for a public hearing on petition by
sommerville/Mohler to consider General Plan Amendment 4-91 to
change the land use designation from General Commercial
to Medium Density Residential 15-24 units per acre); and to consider
a pre-zone change from county Commercial to
city R-3 (Residential Multiple Family) District.Subject property consists of two
parcels of land with a combined area of 2.3 acres located north
of the intersection of Lincoln Avenue and Dell
street (15631 and 15635 W. Lincoln Avenue).In compliance
with the California Environmental Quality Act (CEQA)Negative Declaration
1391-91 has been prepared for this project.NOTE: A letter
was received January 14, 1992 from Mr. James Mohler,
Applicant, requesting General Plan
Amendment 4-
438
CITY COUNCIL MINUTES JANUARY 28, 1992
13.2 PUBLIC HEARINGS (Continued)
THE PUBLIC HEARING WAS NOT OPENED.
MOTION - steiner SECOND -
Spurgeon AYES - Steiner,
Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
Moved to acknowledge the
letter from Mr. Mohler, and and withdraw the item from the Agenda,
as requested.ZC1500.0 1141-91)
13.3 ZONE
CHANGE NO. 1141-91, CONDITIONAL USE PERMIT NO. 1930-91,VARIANCE
NO. 1916-91, ROBERT A. SMITH:
Time set for a public hearing on petition by Robert A. smith to
consider reclassifying a rectangular shaped parcel approximately 2.66
acres in size from C-1 (Limited Business District) to C-
2 (General Business District); Conditional Use Permit 1930-91
to allow the establishment of automotive related businesses in
the C-2 Zone,adjacent to a residential district; and Variance
No. 1916-91 to allow less than the code required total
number of on-site parking spaces,gas pump aisle width, driveway entrance depth, and front yard setback. The project is locatedonthenortheastcorner
of Chapman Avenue and Wayfield Streets.In compliance withtheCaliforniaEnvironmentalQualityAct (CEQA)Negative Declaration 1392-
91 has been prepared for this project.NOTE: The City
Traffic Commission has requested this item be continued until they
have had an opportunity to
consider the elimination of left turn
restrictions.THE PUBLIC
HEARING WAS NOT
OPENED.MOTION - Spurgeon SECOND - Coontz AYES -
Steiner, Barrera, Coontz, Spurgeon
ABSENT - Mayor Beyer Moved to continue this item to
March 17, 1992.TAPE
4225 (ZC1500.0)13.4 ZONE CHANGE 1142-91, TENTATIVE TRACT
MAPS 14549 and 14593,CONDITIONAL USE PERMIT
1932-91, ADMINISTRATIVE ADJUSTMENT
91-26,SOUTHRIDGE DEVELOPMENT COMPANY (TRACY):Time set for a publichearingonpetitionbySouthridgeDevelopmentCompany (Tracy) to consider Tentative
Tract Map 14549 to allow the subdivision of 25.6 acres
into 105 single family parcels; Tentative Tract Map 14593 to subdivide 71.3 acres into
11 lots, of which 4 lots are for a phased development of condominium
units and 7 lots
are for
439
CITY COUNCIL MINUTES JANUARY 28, 1992
13.4 PUBLIC HEARINGS (Continued)
Zone Change 1142-91 to revise the Development Plan text and map
for the Southridge Planned Community Area to accommodate the
new alignment for Loma street, to add the land distribution of
various densities and product types, and to establish single family
detached subdivisions with 5,000 sq. ft. lots, as permitted use in the
newly configured Planning Units C and E, and to Pre-Zone
approximately 3 acres to PC (Planned Community) District; Conditional
Use Permit 1932-91 to allow development of 37 acres
with approximately 537 condominium units; and Administrative Adjustment
Permit 91-26 to allow the creation of lots around cUl-
de-sacs, with lot
widths less than the minimum required.The property is
an irregularly shaped piece of property,approximately 258.6 acres in size,
and located north of Villa Park,south of Anaheim Hills, west of
the future extension of Loma
street,and east of Meats Avenue.NOTE: Environmental Impact
Report
854 was previously approved by Council.
MAYOR BARRERA OPENED THE PUBLIC HEARING.The Manager of Current Planning reported
on the eastern part of the plan, there was an old alignment
of Loma Street that ran through Orange and Anaheim. Subsequent to the
approval of the original 1,000 unit development, the alignment of
Loma has moved further to the east. This created a no-man'
s land between what they had anticipated for development up to Loma,
and the new alignment of Loma street.With the realignment of Loma
and Via Escola, the subject parcel is cut off from the City of Anaheim, and
would be a logical part
of the body of the new development.The applicant is proposing
to keep the original 1,000 units originally approved on the project,
but extend them to take up the area between the old Loma
alignment and the new Loma alignment. It is also proposed to change the makeup
of the type of
produce they are building on the property.The first application is a tract
map to take the northerly portion of Via Escola, which
was previously zoned for R2-6 (duplex development)or one dwelling unit for every
3,000 sq. ft of lot area. This proposal is to submit a
tract that indicates 5,000 sq. ft. lots.Originally it was zoned R-
3, and it is now proposed to rezone to R1-5. There will be less density than what was originally proposed.The 1,
000 units originally
proposed will still be retained, but it will be redistributed.In the previous plan, Area
B, C and G, Area B was scheduled for Rl-6 development, Area C
was R2-6 and Area G was R3. This proposal is to
take this area and develop it as a single development area
as multiple family. The average density over this entire site is
15 dwelling units to the acres, consistent with the R3. The density ranges from
9.4
440
CITY COUNCIL MINUTES JANUARY 28, 1992
13.4 PUBLIC HEARINGS (Continued)
There is a 2.11 acre park site proposed, and a large area, outside of
the project area boarders, but under the Edison easements that will
be a part of their fuel modification zone and landscaped areas with a
trail that connects from the park site to Loma street. The majority
of the open space is incorporated in the slope areas surrounding the
actual development.
Concern was expressed by Councilmembers regarding the 5,000 sq. ft.
lots. The Manager of Current Planning commented the 5,000 sq. ft.
lots have been discussed with The Irvine Company regarding their
projects. Policies did result from these discussions and were
incorporated into the East Orange General Plan and were not entirelyincorporatedintothisrequest. staff accepted this request because
it is under a PC Text, which is a Planned Community Text. All city
departments and the Environmental Review Board have signed off on the
plan.
Bob Mickelson, 328 N. Glassell, representing the applicant, indicated
they are not opposed to a study session to review the past history of
the project. The area where the 5,000 sq. ft. lots are being
proposed has a holding capacity of approximately 300 units, and 105
units are proposed.
The condominium project on the south side of Via Escola is brought in
as a single conditional use permit, with four different product typesinanefforttomeetawiderrangeofhousingneedsanddemandsin
the community. The overall density is under 15 dwelling units to the
acre.
It is proposed the cul-de-sacs serving the primary access
points to the condominium project be dedicated public streets,
with four separate homeowners associations. It is proposed thatalandscapemaintenancedistrictbeformedwhichwouldhandleallopen
space in the Edison easement and maintain the landscape in a
uniform manner.The entire project, without Belmont Shores, would be assessed
for the district. Included in the district is the major slope on
the north side between the lots and back lots of Anaheim. A small
strip of land by Via Escola will be-a landscape buffer
with possibly sound wall, and will be part
of the district.The enhanced paving in the street makes a statement of
arrival at the entrance points. The Public Works and
Water Departments were concerned because of possible utility problems
which would create expensive repairs to the concrete. Mr. Mickelson
proposed a reserve account in the Landscaped Maintenance District to take
care
of this problem.Mr. Mickelson was asked about the legal implications
of the short public streets and parking problems. Mr.
Mickelson indicated staff has agreed the cul-de-sacs havebeendesignedaccordingtopublicstandards. If the City does not
want the enhanced paving, Mr.Mickelson indicated
they could
441
CITY COUNCIL MINUTES JANUARY 28, 1992
13.4 PUBLIC HEARINGS (Continued)
Bob Bennyhoff, 10642 Morada Dr., commented he does not like the 5,000
sq. ft. lots, and recommended a study Session to discuss the density
of the project, the Planned Community designation which should
conform to the City's zoning standards, the proposed park is not a
very big park for the development proposed; and a condition on the
map specific commitment on paper what will be done.
Council members discussed continuing to a Study Session to consider
the project density, the 5,000 sq. ft. lots, PC designation, the
square foot lot policy, open space and all other concerns that were
presented.
The Director of Community Development commented the Planned Unit
Developments is one type of development, however in this context,
this is a Planned Community, which is totally separate zone. This
can be reviewed at the Study Session.
THE PUBLIC HEARING REMAINS OPEN.
MOTION - Spurgeon SECOND -
Coontz AYES - steiner,
Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
Moved to continue this
item to March 17, 1992, and in the interim,schedule a Study Session
to discuss concerns raised regarding the project.14.PLANNING AND
ENVIRONMENT
None 15. REPORTS FROM COUNCIL
MEMBERS - None 16. ORAL PRESENTATIONS - None ADJOURNMENT
The City Council adjourned at
8:
01 P.M.GENE BEYER MAYOR 6lAA/",~<T-l)
CJ- ~MA
ILYN
J. JENS~, C "
CITY CLERK TEM BY:Page 21