05-26-1992 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 26, 1992
The City Council of the City of Orange, California convened on May 26, 1992 at 3:00 P.M.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Ave., Orange, California.
3:00 P.M. Session
1. OPENING
1.1 PLEOGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONS!
ANNOUNCEMENTSIINTRODUCTIONS - None 1.5 PROCLAMATIONS Public
Schools Month - Accepted
by Ed Davidson, Masonic Temple of Orange 2. CONSENT CALENDAR 2.1
Declaration of City
Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of
May 26, 1992, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia
and the Eisenhower Park Bulletin Board; all of said locations being in the City
of Orange and freely accessible to members of the public at least 72 hours before commencement
of said regular meeting.ACTION: Accepted declaration of Agenda
Posting and authorized its retention as a public record in the Office
of the City Clerk.2.2 Authorize the Mayor
and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.
PAGE 1
CITY COUNCIL MINUTES May 26, 1992
2. CONSENT CALENDAR (Continued)
2.3 Request amendment No. 12 to the Trash and Garbage Contract, establishing the rate to
be paid Orange Disposal Service, Inc., and extending the Service Contract until
January 1,1997. Account No. 220-Sanitation Fund (A2100.0.AI19.
P)FISCAL IMPACT: No increase in rate per unit
served.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the
City.2.4 Request for red curb markings on the northeast corner of Almond Avenue and
Jameson Street. (S4000.S.3.1.
1)FISCAL IMP ACT: Minor cost budgeted in Fund 250 (Traffic Safety
Fund)ACTION:
Approved.2.5 Request for the installation of red curb markings in front of 326 W. Palm
Avenue.S4000.S.3.1.
1)FISCAL IMPACT: Minor cost budgeted in Fund 250 (Traffic Safety
Fund)ACTION:
Approved.2.6 Request for the installation of red curb markings on the south side of Taft Avenue
at the entrance of the Golden Circle Condominium's at 700 E. Taft A
venue.S4000.S.3.1.
1)FISCAL IMPACT: Minor cost budgeted in Fund 250 (Traffic Safety
Fund)ACTION: Approved. NOTE: Councilwoman Coontz abstained from this item,
due to a possible conflict of interest; her residence is within 250
feet.2.7 Request for the installation of STOP controls at the intersection of Wilson Avenue
and Grand Street. (S4000.S.3.
3)FISCAL IMPACT: Minor cost budgeted in Fund 250 (Traffic Safety
Fund)ACTION: Approved the installation of a two-way Stop sign on Grand Street
at
Wilson Avenue.2.8 Request for the installation of No Pedestrian Crossing signs on both sides
of Collins Avenue between Tustin St. and Highland St. (S4000.S.
3.3)
PAGE
CITY COUNCIL MINUTES May 26,1992
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Minor cost budgeted in Fund 250 (Traffic Safety Fund)
Discussion: Police Captain Richards reported the signs will say, "No Ped Crossing,"
and will be placed in several locations in the area. There will also be an international
sign. Police enforcement will be in the area for the initial period to enforce the law.
ACTION: Approved the request, and directed staff to prepare an ordinance authorizing
the restriction.
2.9 Request for the installation of a traffic signal on The City Drive at the entrance to the
Nexus City Square. (S4000.S.3.3)
FISCAL IMPACT: None
ACTION: Denied
2.10 Request for temporary suspension of Permit Parking restrictions for Area A, adjacent
to Orange High School, Sunday June 14, 1992, Baccalaureate, and Thursday, June 18,
1992, Graduation. (S4000.S.3.1.2)
FISCAL IMPACT: None
ACTION: Approved.
2.11 Consider authorizing off-duty firefighters to use the restored 1921 American La
France Fire Pumper, its trailer, a tow vehicle and passenger van to attend and compete in
a Fire Muster in Virginia City, Nevada, on July 25-26, 1992. All costs will be
paid by the off-duty
firefighters. (P2500.0)
FISCAL IMPACT: None Discussion: The Fire Chief reported the fire pumper will be transported on
a trailer to the site. The vehicles will be covered for liability under the City'
s insurance. The City Attorney commented there would be an exposure of liability in
case of an accident, and without a waiver from the individual firefighters
participating in this event, there could be some exposure on the part of the City if there was
a work injury that occurred during this trip. This is a policy decision to be
made by Council.Council discussion ensued, it was noted the firefighters participate in
many events and the exposure is the same whether it is in Anaheim or
out of
State.ACTION:
Approved.
PAGE
CITY COUNCIL MINUTES May 26, 1992
2. CONSENT CALENDAR (Continued)
2.12 Request the deletion of references to Professional Liability Insurance in the
Professional Services Agreement with Hydrosolutions of California, Inc. for site
assessment services associated with the Corporation Yard Underground Storage Tank
Project. (A2100.0.A.1951)
FISCAL IMPACT: None
ACTION: Approved.
2.13 Request authorization of a Maintenance Renewal Agreement with PRC Public
Management Services, Inc., for software maintenance at North Net Fire
Communications for one (1) year extension. Funds in the amount of $23,000.00 have
been allocated in Account No. 370-9601-426700 (Other Professional
and Consulting Services). (A2100.0.A.
1361.E)FISCAL IMPACT: $23,000 budgeted in Fund 370 (North Net
Fire Communications)ACTION: Authorized the Mayor and City Clerk to execute on behalf of
the City.2.14 Request authorization to advertise bids for the installation of No Parking
On Street Sweeping Days signs within the City of Orange. Engineer's estimate is $43,
000 for this contract, and is provided in Account No. 250-
5032-427100 (Contractual Services).
A2100.0.A.1967)FISCAL IMPACT: $43,000 budgeted in Fund
250 (Traffic
Safety Fund)ACTION: Approved.2.15 Request authorization to approve a Housing Accessibility
Program Grant, and authorize the City Treasurer to prepare a check in the amount of $1 ,500.
00, Account No. 316-6053-
427800-1222 (HAP), Case No.
530.C25oo.G.1.3.4)FISCAL IMPACT: $1,500 budgeted
in Fund
316 (CDBG
Housing Rehabilitation
CITY COUNCIL MINUTES May 26,1992
2. CONSENT CALENDAR (Continued)
2.16 Request authorization to approve a Homeowner Participation Program Grant and
authorize the City Treasurer to prepare a check in the amount of $350.00, Account No.
316-6053-427800-1221,
Case No. 529.C2500.G.
l.3.1)FISCAL IMPACT: $350 budgeted in Fund 316 (
CDBG
Housing Rehabilitation
Rebate)ACTION: Approved.2.17 Request authorization to approve a Homeowner Participation
Program Grant, and authorize the City Treasurer to prepare a check in the amount of $1 ,
113.00, Account No. 316-
6053-427800-1221, Case No.
534.C25oo.G. 1.3. 1)FISCAL IMPACT: $1,113 budgeted
in
Fund 316 (
CDBG Housing Rehabilitation Rebate)ACTION: Approved.2.18 Request to approve the amended Uniform Bail
Schedule, Title 10 of the Orange Municipal Code, to be used by the courts in setting
bail for
violations of Title 10.A25oo.0)FISCAL IMPACT: Increase will offset
and balance
current loss of revenue.ACTION: Approved.2.19 Request Council approve Parcel Map No. 91-
276 and accept the dedication of Santiago Canyon Road
and the easement for
public utility purposes.
C2500.M.
16.1)FISCAL IMPACT: None ACTION: Approved.2.20 Request authorization to advertise bids for
the installation of street lighting on S.Glassell St. from Santiago Creek to Culver
Ave., and on Jewell St. from Chapman Ave. to Maple Ave., Bid No. 912-
35. Work contemplated in this contract is estimated
at $59,000.00. (A2100.0.A.1968)FISCAL IMPACT: $31,
000 transfer from projects budgeted in Fund 284,Transportation System Improvement Program
Area B Fees; $5,224 transfer from a project budgeted in Fund 251, Traffic
Safety Fund; and $31,000 budgeted in Fund
920, Southwest
CITY COUNCIL MINUTES
ACTION: Approved request and authorized transfers.
May 26,1992
2. CONSENT CALENDAR (Continued)
MOTION - Barrera SECOND -
Spurgeon A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon All items on
the Consent Calendar were approved as recommended. Councilwoman Coontz abstained from
Item 2.6.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS 5.1 Appointment of Bob
Bennyhoff, by Mayor Beyer, to the Orange Park Acres Planning Committee to fill vacancy created
by George Rach (term to expire 1131/93).ORI800.0.26.1)Mr.
Bennyhoff commented this committee
is important since there are projects that are still pending in the area.
The one acre zoning needs to be protected.MOTION - Spurgeon SECOND - Coontz A
YES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon Moved to ratify the appointment of Bob Bennyhoff.
6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY
MANAGER - None PAGE 6
CITY COUNCIL MINUTES May 26, 1992
8.LEGAL AFFAIRS TAPE 365
8.1 RESOLUTION NO. 8011
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 91-
7 adjusting a lot line of certain real property situated south of Chapman A venue and east of
Chandler Ranch Road. (C2500.M.16.1)
Owners: Pollock, Gebhardt, Pitcher Mairena, Gilmore, Nakagawa, Huang, Xenos, High
Horse Trail's Community Assoc.
MOTION
SECOND
AYES
Coontz Steiner
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No.
8011 as introduced be adopted and same was passed and adopted by the preceding vote.8.
2 RESOLUTION
NO. 8013 A Reso]ution
of the City Council of the City of Orange rescinding a mandatory conservation program and reinstituting
a voluntary water conservation program. (C2300.K)MOTION SECOND AYES
Coontz
Spurgeon
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon That Resolution No. 8013 as introduced
be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO.
80]4
A Resolution of the City Council
of the City of Orange upholding the recommendation of the Planning Commission of the City of
Orange and granting a Conditional Use Permit to allow expansion of a hospital, a temporary
parking lot and structural height in excess of two stories in the OP District upon property
situated in the vicinity of Main Street and LaVeta Avenue.C3300.0)Conditional Use Permit No. ]
948-91
Applicant: Children's Hospital of
Orange County MOTION SECOND AYES T Barrera
Steiner
Steiner,
Barrera,
Mayor
Beyer, Coontz,
Spurgeon PAGE
7
CITY COUNCIL MINUTES May 26, 1992
That Resolution No. 8014 as introduced be adopted and same was passed and adopted by the
preceding vote.
8. LEGAL AFFAIRS (Continued)
8.4 RESOLUTION NO. 8015
A Resolution of the City Council of the City of Orange upholding the recommendation of the
Planning Commission of the City of Orange and granting a Conditional Use Permit to allow a
nine-unit residential condominium development with reduced front yard and garage
dimensions upon property situated on the north side of Lincoln Avenue approximately 970 feet east
of Glassell Street. (C3300.
0)Conditional Use Permit
1952-92 Administrative
Adjustment 92-5 Applicant:
Thomas
A.
Williams
MOTION SECOND
AYES Spurgeon
Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Resolution No. 8015 as introduced be adopted and same was passed and adopted by the
preceding vote.
8.5 RESOLUTION NO. 8016
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 subdivision of property situated
on the north side of Lincoln Avenue, approximately 970 feet east of Glassell Street.
T4000.0)
Tentative Tract 14577
Applicant: Thomas A. Williams
MOTION
SECOND
AYES
Steiner Barrera
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No.
8016 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE
8
CITY COUNCIL MINUTES May 26, 1992
8. LEGAL AFFAIRS (Continued)
8.6 RESOLUTION NO. 8017
A Resolution of the City Council of the City of Orange upholding the recommendation of the
Planning Commission of the City of Orange and granting a Conditional Use Permit to allow
construction of an accessory second dwelling unit upon property situated at 1614 Hunters
Way. (C3300.0)
Conditional Use Permit 1949-
92 Applicant: Tom & Sheila
Hamilton
MOTION
SECOND
AYES Coontz
Steiner Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 8017 as introduced be adopted and same was passed and adopted by the preceding vote.
8.7
ORDINANCE NO. 10-92 An
Ordinance of the City Council of the City of Orange adding Chapter 12.66 of Title 12 to the
Orange Municipal Code prohibiting encampment and camping on the public streets or public
property. (A2500.0)MOTION
SECOND
AYES
Barrera
Spurgeon Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon That Ordinance No. 10-
92 have second reading waived and same was passed and adopted by the preceding vote.
8.8 ORDINANCE
NO. 6-92 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 north of the City of
Villa Park, south of Anaheim Hills (City of Anaheim), west of the future extension of Lorna Street
and east of Meats Avenue. (ZI500.0)PAGE 9
CITY COUNCIL MINUTES May 26, 1992
8. LEGAL AFFAIRS (Continued)
ZOne Change 1142-
91 Southridge Development
Company
MOTION
SECOND
AYES Coontz
Steiner Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 6-92 have second reading waived and same was passed and adopted by the preceding
vote.8.
9 ORDINANCE NO. 11-92 (SECOND READING)
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 along Santiago
Creek west of Tustin Street. (ZI500.0)
Zone Change No. 1152-
92 Santiago Creek
Associates
MOTION
SECOND
AYES Coontz
Spurgeon Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 11-92 have second reading waived and same was passed and adopted by the
preceding vote.8.
10 ORDINANCE NO. 12-92 (SECOND READING)
An Ordinance of the City Council of the City of Orange approving and adopting a
Development Agreement with Santiago Creek Associates for the development of approximately
37 acres of land lying generally along Santiago Creek west of Tustin Street.
A21oo.0 - A.1966)MOTION
SECOND
AYES
Coontz
Steiner Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon That Ordinance No. 12-
92 have second reading waived and same was passed and adopted by the preceding vote.
PAGE 10
CITY COUNCIL MINUTES May 26, 1992
8. LEGAL AFFAIRS (Continued)
8.11 ORDINANCE NO. 7-92 (SECOND
READING)An Ordinance of the City Council of the City of Orange mandating the strengthening
of unrein forced masonry buildings as required by State Law. (A2500.
0)
MOTION
SECOND
AYES Coontz
Spurgeon Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 7-92 have second reading waived and same was passed and adopted by the preceding
vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY MOTION
SECOND
AYES
Steiner
Barrera Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon The Orange Redevelopment Agency
adjourned to an Adjourned Regular Meeting, June 2,1992 at 3:00
P.M. in the Weimer Room to discuss the 1992/93 budget.10. ORAL PRESENTATIONS Open
discussion of items
not previously discussed on the Agenda Brent Hunter, Executive Director
for the Chamber of Commerce commended the Council for their efforts to keep
TRW in the City of Orange.PAGE 11
CITY COUNCIL MINUTES May 26,1992
11. RECESS
The City Council recessed at 3:30 P.M. to a Closed Session for the following purposes:
a. To confer with its attorney regarding pending litigation pursuant to Government Code
Section 54956.9(a), to wit:
City of Orange vs. Steven D. Wymer, et al. United
No. 922141 SVW
States District Court Case
NOTE: The City Attorney added: City of Orange vs. County of Orange, Orange
County Superior Court Case 68 18 89
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 potentiallitigation pursuant to Government Code
Section 54956.9(b)(1).
e. To consider and take possible action upon personnel matters pursuant to Government Code
Section 54957.
f. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in closed session.
NOTE: The City Council recessed at 4:25 P.M. to a Joint Study Session with the Planning
Commission in the Weimer Room, to consider the Seven Year Capital Improvement Project.
PAGE 12
CITY COUNCIL MINUTES May 26,1992
7:00 P.M. SESSION
12. INVOCATION
Pastor Terry L. Rommereim, Christ Lutheran Church
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONSFriendly Stop
Community Coalition, accepted by Cindy Mediavilla, City of Orange Main Library
Manager 12.5
PRESENTATIONS - None 13. PUBLIC HEARINGS
TAPE 857 13.1 RESIDENTIAL
HOUSING OCCUPANCY STANDARDS, CITY OF ORANGE:The public hearing
on petition by the City of Orange to consider a proposed enactment of an ordinance to establish
residential housing occupancy standards to the Orange Municipal Code has been continued
from May 19, 1992 to this time.MAYOR BEYER OPENED
THE PUBLIC HEARING.Councilwoman Coontz gave
the following introductory remarks: "Almost six years ago,shortly after I
was elected to the City Council, 1 began to receive calls from constituents complaining about heavy
street parking that was spilling over from apartment complexes into adjoining single family
residential areas. Special parking programs were initiated by the City to help regain
the feeling of well being in those neighborhoods. But, we soon realized the root cause of the
many complaint calls to the Council, the Police Department and Code Enforcement were due
to overcrowded residential units. As time marched on, calls began to come in from
throughout the City and the complaints were essentially the same. The Council and Code Enforcement
staff created a Task Force of representatives from Police, Fire, Code Enforcement, Traffic and
other departments to effectively deal with the effects of overcrowding problems through
a team approach. Numerous meetings were held with residents and apartment
managers to attempt to come up with reasonable and effective solutions. When we
met with cooperative managers, we achieved some success. Almost two years ago, Councilman
Steiner and I began working toward an ordinance to limit occupancy and residential living
units with the assistance of staff members and the Apartment Owners Association of Orange
County. The COllncil gave us the go ahead to proceed with the ordinance before you
this evening.PAGE 13
CITY COUNCIL MINUTES May 26, 1992
13. PUBLIC HEARINGS (Continued)
The City of Orange values the good housing stock we find in our City, and we have a history
of taking action to preserve or enhance what we already have to eliminate deteriorated living
conditions. We initiated: 1) a rental rehabilitation program, which provides low interest loans
through the Redevelopment Agency for owner investors of rental property. 2) Community
Development Block Grant Funds to develop and rehabilitate affordable housing and provide
below market interest rate loans and deferred payment loans for owner-occupied homes.
3)The Orange Housing Development Cooperation, established with a $400,000.00 grant to
get the non-profit off the ground. OHDC is in the process of developing two projects of
22 well managed, high quality affordable housing units. 4) The Orange
Redevelopment Agency projects using 20% of the increment for project areas is mandated by State law
for
affordable housing.Recently, a Housing Needs Survey was conducted to determine housing needs and
to take notes of areas in which deteriorated housing has taken place. None of the
programs, however,have been able to adequately address the rapid deterioration, escalating crime,
and declining property values of our
housing stock."Councilman Steiner gave the following remarks: As you will see later in
this presentation,living conditions observed by Code Enforcement staff are less than adequate in many
areas of the City. They have identified apartments occupied by up to 20 to 40
individuals. Situations like this negatively impact our schools, utilities, the City's infrastructure and
other public services and with overcrowding comes vandalism, gangs, graffiti, and a deteriorated
quality of life. We as elected officials have been entrusted by the citizens of Orange to
provide safe,liveable communities within our City. The time has come for developing
strategies for problem solving and a role for implementation. In the absence of public policy
to manage overcrowding, there is potential for environmental degradation and decreasing quality
of life.Our objective is to ensure the safety and welfare of residents living in high
density buildings without robbing them of the only home they
can afford."Councilwoman Coontz further remarked: "We can credit our staff with
prodigious research and careful compilation of records in pursuit of an ordinance sensitive to the
establishment of standards to address overcrowding, and at the same time prevent the negative
impact on surrounding neighborhoods which can violate the rights of other property
owners. The hundreds of citizens who have complained to us about the effects of overcrowding
are the individuals who for the most part have long term investments in their homes and
in their community and see the prospect of their investment being lost. The political
consequence of this conflict creates a good deal of pressure on our City to protect property values
and the quality of residential neighborhoods. Therefore, it is necessary that we take
a strong leadership position in addressing this social issue
of overcrowding."
PAGE
CITY COUNCIL MINUTES May 26,1992
13. PUBLIC HEARINGS (Continued)
Ed Tunstall, representing the Police Department presented comparative statistics on the
increase of crime at the Orange Villa Apartments, and other apartment complexes in the City.
12.5 % of the all crimes studied occurred in the Orange Villa Apartment study area. 13 % of
all robberies, 10% of all burglaries and 16% of all auto burglaries occurred in the same study
area. This district has the highest crime rate in the City. There are other factors that may
affect crime problems in the City, it appears obvious that overcrowded conditions contribute
significantly.
Mary Ann Chamberlain, representing Advanced Planning and Susan Tully, Code Enforcement
Manager explained various slides that depicted important statistics from the study, and
discussed a further breakdown of the Police Department's statistical reports. Door to door
inspections were conducted in 1989, and with cooperation from the property owners in the
HooverlWilson area apartments, the numbers of people occupying the apartments were
reduced. The Orange Park Villas, had door to door inspections also beginning in 1989 with
203 per year, 1990 had 453, and 715 in 1991. The difference between HooverlWilson area
and Orange Park Villas, is that while the same manforce was applied, crimes and calls for
Police service has continued to rise, which is directly attributed to not being able to reduce the
numbers of the people in the apartments. Cooperation has not been given from the property
owner.
Bob Herrick, Assistant City Attorney, reported, after studying ordinances adopted or proposed
by other cities facing the same problem, Mr. Herrick has been told by other city
representatives that are now involved in litigation, that Orange's is the most complete and
thorough of any study done on the subject. The proposed ordinance sets occupancy standards,
declares overcrowding dwelling units to be public nuisances and dangerous buildings subject to
abatement under the Municipal Code and State Law; provides for notices of violations,
informational notices to be given to the landlord and the tenant by mail and by posting; it
provides for prospective application in order to avoid interfering with existing legal rental
relationships and to prevent wholesale displacement of people currently legally occupying
dwelling units in the City. The Ordinance will not be effective until 90 days after adoption,
and then would apply when a new agreement is entered into, or new occupants move into a
dwelling unit.
The occupancy standards are as follows: I) 2 persons per bedroom, plus one additional person
per dwelling unit; 2) ordinance sets a square footage standard of 120 sq. ft. per occupancy,
excluding bathrooms, halls, kitchens and closets and other non-living space; 3) ordinance
sets an overall maximum of 7 occupants per bathroom in order to properly address sanitation
and other concerns. The maximum number of occupants permitted is the greater of the
number permitted under the bedroom and square footage requirements, but cannot exceed the
number permitted by the per bathroom standard. Exceptions are provided for infants and
temporary guests, who occupy the dwelling unit for not more than 14 consecutive days, nor more than
30 days in any calendar year and who pays no rental or fee to any owner or tenant of the
dwelling unit for the right to occupy it. Enforcement will require a cooperative effort between the
City,apartment owners and
managers.PAGE
CITY COUNCIL MINUTES May 26, 1992
13. PUBLIC HEARINGS (Continued)
The proposed ordinance is similar to the ordinance adopted by the City of Dana Point and the
standards contained in the Apartment Owners proposed model. This ordinance differs in that
it permits 7 persons per bathroom, rather than 6 in order to maintain consistency with the
Federal Guidelines for the three bedroom one bath apartment unit.
The Director of Community Development responded to a question by Councilwoman Coontz
regarding the difference with the proposed ordinance (#4) of the City of Orange and the City
of Santa Ana's regulation on inspection of every property in the City. No mandatory
inspections of residential units has been directed by the Council. This issue is directed towards
standardizing the inspection procedure, simplifying it, putting it in a regular format, so it is
done in a consistent manner with consistent standards; and establishing a reinspection
procedure. We have looked at the possibility of treating apartments as businesses and
regulating them through the business license procedure, which will be reviewed in the future.
Mayor Beyer announced the following phone calls had been received in favor of the proposed
ordinance:
George and Norma Eden, 468 Hamlin
Richard and Margaret Harbier, Dunas Street
The following people spoke in favor:
W. D. Bonner, 222 N. Shasta St.
Linda Boone, 217 E. Chapman Ave.
Bill Adamo, 230 N. Dunas St.
Richard Lambros, 12900 Garden Grove Blvd., #120, Garden Grove, representing the
Apartment Association
Sal Garnica, 2723 Santa Ana Blvd.
Russ Barrios, 235 E. Maple
Nancy Gaisbauer, 287 N. Olympia Way
Their comments were expressed as follows:
Support Council's hard work.
Mr. Adamo asked the following questions: If cooperation from the landlord is not obtained,
how can this ordinance be enforced? How can we obtain proof? What are the types of
penalties faced by the landlords?
Mr. Lambrose, on behalf of the Apartment Association, requested a two week continuance to
allow further discussion of the enforcement side of this issue.
Residents living near overcrowded apartments everyday face crime and burglary. Adopt this
ordinance now, and begin the enforcement process to keep adjoining neighborhoods protected.
PAGE 16
CITY COUNCIL MINUTES May 26, 1992
13. PUBLIC HEARINGS (Continued)
The Assistant City Attorney gave the following responses: I) The ordinance allow the City to
enforce it without cooperation from the landlord. There will be a response from every
complaint of the community, and complaints by people within the residential units.
Councilwoman Coontz remarked this ordinance is not like the City of Santa Ana's, both Police
and Fire personnel have the opportunities, as well as sanitation to visit residences and
apartments, and they will report the conditions to the Code Enforcement Division for action.
The Assistant City Attorney reported the ordinance provides that a violation of a property
owner or manager would be a misdemeanor punishable by either or both, of a fine and up to 6
months in jail. These violations would be handled on a case by case basis. The ordinance
would allow prosecution for each unit as to whether the courts would uphold an attempt to
prosecute for each individual occupancy, there being no solid determination on that point.
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION - Coontz SECOND -
Barrera A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that Ordinance
No. 8-92 is exempt from the provisions of the California Environmental Quality Act
by viture of CEQA Guidelines, Section 15061b(1), andSection 15061b(3).ORDINANCE NO.
8-92 An
Ordinance of the City Council of the City of Orange adding Chapter 8.06 establishing Residential
Housing Occupancy standards to the Orange Municipal Code.MOTION
SECOND
AYES
Coontz
Steiner Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to adopt first
reading of Ordinance No. 8-92 by title only, and set for second reading on June 9,
1992.MOTION SECOND AYES
Coontz
Steiner
Steiner,
Barrera, Mayo
Beyer, Coontz,
Spurgeon Moved to authorize staff to study
and evaluate the feasibility of creating a Multi-Family Residence Manager's Training and
Certificate Licensing Program, and the feasibility of adopting other new programs to
address a variety of inspection procedures.PAGE 17
CITY COUNCIL MINUTES May 26, 1992
RECESS - The City Council recessed at 8:30 P.M. and reconvened at 8:40 P.M..
13.
PUBLIC HEARINGS (Continued)13.
2 VARIANCE NO. 1929-92 TAPE 3452
CONDITIONAL USE PERMIT 1974-92, (C2300.
1)ADMINISTRATIVE ADJUSTMENT PERMIT
92-16,QUEEN ANNE HOUSE, OLD TOWNE
PRESERVATION ASSOCIATION:Time set for a public hearing on petition by the the Old Towne Preservation
Association to consider Variance No. 1929-92 to allow less than the code required street
side yard building setback, Conditional Use Permit 1974-92 to allow the move-on
of an existing structure onto the property from another site, and Administrative Adjustment Permit
92-16 to allow less than the code required vehicular back up distance.
Additionally, the applicant is requesting a waiver of dedication requirements for the project's
La Veta Avenue frontage. The proposed project consists of moving an existing
single story, single family residential structure Commonly known as the "Queen Anne" House) onto property
located at 222 E. La Veta Avenue. The property currently contains an
existing residence and detached garage structure.This project was referred to the
City Council by the Zoning Administrator.NOTE: This project is categorically exempt
from the provisions of the California Environmental Quality Act (CEQA) per State
CEQA Guidelines, Sections 15301 and 15303.Mayor Beyer announced he owns property within 60 ft. of
the project site. The City Attorney advised the Mayor that he disqualify himself and withdraw
from any decision making on this issue. Mayor Beyer stepped down from the podium,
and Mayor
pro tern Barrera conducted the hearing.MAYOR PRO
TEM BARRERA OPENED THE PUBLIC HEARING.The Director of Community Development reported the
applicant is proposing to acquire the house from the City and move it from its current location
of Almond and Pixley Street. After the move, it would be restored and used
as a single family residential structure.The setback is measured from the current property line, adjacent to
La Veta, is 11 feet. The ultimate right-of-way line is 10 ft. closer to the
structure. La Veta currently is, and has been listed on the City's Master Plan of Arterial
Streets for many years as a secondary arterial highway with an ultimate width of 80 feet.
Under this current ordinance, this would require a 10 ft. dedication and improvement on the
property with the issuance of the building permit.Council has recently taken action on this
segment of La Veta, between Glassell and Cambridge was to defer that decision and include this
segment with a larger Old Towne Circulation Study.Until that study is complete, the status of La Veta in this
area remains as it
has been for many years, a secondary highway.The applicant requested a waiver of
the dedication requirements. An appeal hearing was held by the Director
of Public
CITY COUNCIL MINUTES May 26, 1992
13. PUBLIC HEARINGS (Continued)
The Director of Public Works commented the waiver was not granted. The street had been on
the Circulation Element, and the need for the dedication has existed for many years. If there
would have been a project on the street, the City would have acquired the property. Council
has directed a Southeast Quadrant Study, but has not commenced as of this date. It is planned
to begin at the start of the next fiscal year. It is anticipated the study will take approximately
one year because of the coordination efforts with the County and OTCA. There is no
guarantee at the end of that process we will find replacement capacity.
Many street projects are dependent upon certain funds, and any action that would show
Council has no intent to implement its Master Plan of Arterial Highways could cause the City
to become ineligible for the grant funding programs. The Department of Public Works has
strongly advised Council against any action that might place those funds in jeopardy.
The Director of Public Works commented since the Southeast Quadrant Study has not begun,
there is no indication to what extent people will accept the shifting of traffic onto parallel
streets. Also, any parallel capacity that's found has to also be presumed acceptable to the
County to ensure the City does not do anything in a unilateral fashion.
The following people spoke in favor of the Queen Anne House:
Shannon Tucker, 556 E. Culver
Dan Slater, 278 N. Pine St.
Lisa Blanc, 368 S. Orange St.
Margo Andrews, 504 E. Culver
Frank Tucker, 556 Culver
Dean Hiser, 545 S. Grand
Rich Robertson, 477 S. Orange St.
Steve McHarris, 485 S. Orange St.
John Whitriver, 194 S. Pixley
Mary Ann Skorpanich, 292 Cambridge
Their comments were expressed as follows:
Since Mike Alvarez donated the home, Old Town Preservation Association offered an
alternative to move the home instead of demolition, because of the time period involved. This
site was OTPA's only alternative. This is one of the three existing Queen Anne Victorian
cottages left in the City, and possibly the County.
Save a piece of the heritage, turn this into a hands on project, and give a boost for Old
Towne.
What is being done to reclassify La Veta Avenue, and a time table for the study needs to be
presented.
The Queen Anne House will add ambience to Old Towne, and upgrades the property.
Downsize La Veta Avenue.
Opposed to any thoughts of widening La Veta Avenue.
PAGE 19
CITY COUNCIL MINUTES May 26,1992
13. PUBLIC HEARINGS (Continued)
Speaking in opposition:
Ei!een Hertfelder, 720 E. Culver
Pete Eberhardt, 515 S. Orange St.
Carol Walters, 534 N. Shaffer St.
Linda Eberhardt, 515 S. Orange St.
Corinne Schreck, 446 N. James St.
T. J. Clark, 811 E. Chapman
Alice and Duncan Clark, 205 N. Pine St.
Will Chambers, 242 W. Olive
Their comments were expressed as follows:
A special interest group wants to save a house that is too large for the lot. They are asking
for things the rest of us have not been allowed to do. The house will block the view from
pedestrians and cars exiting the property.
Wait for the right house that will sit better on the lot.
The house will be improved and probably sold for a profit.
It is wrong to dedicate the 10 ft. and not let others do it.
Problems will arise in the neighborhood with the homeless breaking in, crime will rise,
children will want to play around the house. Fear that this house will be an on-going
project with no
end.If a variance is granted, the City will set a precedent
here.To date a total of $30,000 has been spent on the Queen Anne House, and it is
getting ridiculous, this issue needs to be
closed.Many supporters want a lifeline to prevent the future widening of La Veta
Avenue.The house is not architecturally compatible for the
neighborhood.Deny the CUP and project, and schedule the demolition immediately and relieve the
taxpayers of this continuing burden and allow the OHDC Senior apartment project to go
forward.All the houses on the street are very small. The Queen Anne house is 22 ft. high, and
will tower over the other
homes.
REBUTTAL:Shannon Tucker commented the setback requirements are within normal limits. The lot is
50 ft. wide, with a 11 ft. setback off La Veta that is being altered by the dedication, where
the hardship is being created. The house is being placed 8 ft. from the Heberhardts house
because their house is very close to their lot line. There is enough turnaround space, parking,
outdoor and indoor for a duplex type lot. There is a 20 ft. setback in the front yard, and chose to
keep a streetscape for the neighborhood, thereby sacrificing more yard. The lot is small for
the house, but it does fit. If the fortitude of which this street is coming through on La Veta is
so strong, why don't they come and take the land frolll these people instead of keeping them
in limbo for 30
years.PAGE
CITY COUNCIL MINUTES May 26,1992
13. PUBLIC HEARINGS (Continued)
The State office is perplexed by the lack of action taken on the preservation plans. The
Historic Element and Preservation Plans are outstanding. They are perplexed there are no
move-on or financing programs or rehabilitation loans from the City. It has been difficult
to try to make this work by
ourselves.Carol Walters, if you place a house on that lot, everyone in the neighborhood will
suffer.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA
CLOSED THE PUBLIC
HEARING.The Administrator of Economic Development reported the bidding process has occurred
for demolition, however the bidders were told to wait until Council has made a decision. If
there are offers on the house, advise the City Council through the City
Manager.Council discussion ensued relative to the street funding process and the jeopardizing of
funds.It was noted at the time the motion was made for a Circulation study on the
Southeast quadrant, there is a need for the entire four quadrants to be studied. Councilwoman
Coontz commented the amended Southwest Redevelopment area which covers the Old Towne
area does not allow for any assistance from
Redevelopment.MOTION - Spurgeon
SECOND - Steiner A
YES - Steiner, Barrera, Coontz, Spurgeon DISQUALIFIED - Mayor
Beyer Moved that the
project is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) per State CEQA Guidelines, Sections 15301 and 15303.MOTION - Spurgeon SECOND -
Barrera A YES -
Steiner, Barrera, Coontz,
Spurgeon DISQUALIFIED - Mayor Beyer Moved to deny
Variance No. 1929-92.
MOTION - Spurgeon SECOND - Steiner A YES -
Steiner, Barrera, Coontz,
Spurgeon DISQUALIFIED - Mayor
Beyer Moved to deny Conditional Use Permit
1974-92.PAGE 21
CITY COUNCIL MINUTES May 26,1992
13. PUBLIC HEARINGS (Continued)
MOTION - Spurgeon SECOND -
Steiner A YES -
Steiner, Barrera, Coontz, Spurgeon DISQUALIFIED - Mayor Beyer
Moved to deny Administrative
Adjustment Permit 92-16.MOTION - Spurgeon SECOND -
Barrera A YES -
Steiner, Barrera, Coontz,
Spurgeon DISQUALIFIED - Mayor Beyer Moved that the
fees in the amount
of $786.00 submitted by Old Towne Preservation Association be refunded.MOTION - Barrera SECOND - Coontz
A YES - Steiner,
Barrera, Coontz, Spurgeon
DISQUALIFIED - Mayor Beyer
Moved to deny the appeal on the
waiver of dedication.13.
3 1992-93 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CITY OF
ORANGE: Tape 2, # 608 (C2500.G.1.3)Time set
for a public hearing on petition bythe
City of Orange to consider funding recommendations and receive public comment regarding the City of Orange
1992-93 Community Development Block Grant (CDBG) Program. The City plans
to receive $908,000 in 1992-93 CDBG funding from the United States
Department of Housing and Urban Development, and reprogram $58,400 in prior year
carryover for Fiscal Year 1992-93.Proposed programs include capital improvements and public
service activities.MA YOR BEYER OPENED THE PUBLIC HEARING.
The Manager of Community Development Block Grant
Program, Mary Ellen Laster, reviewed the following 1992/93 requests for Community
Development Block Grant, and the committee recommendations:PAGE 22 T -
CITY COUNCIL MINUTES May 26,1992
13. PUBLIC HEARINGS (Continued)
Requesting Agencies Request Recommendation Caryover
City Departments
Comty Dev Administration $181,600 $181,600
Library - Friendly Stop 33,534 30,000 Public
Works Storm
Drain Replacement 300,000 300,000 St.
Reconstruction Proj. 123,750 123,750 $53,400 Water
Main Replace 130.000 130.000 Subtotal $
768.884 $765.350 Nonprofit
Agencies Adam
Walsh Child Resource Ctr
Safety Education Prog 10,000 5,000 Is
moving to Orange)Advanced
Resources for Foster Kids (
ARK) Counseling Ctr 5,000 5,000 Assistance
League of Orange Dental
Health Center 25,170 5,000 Operation
School Bell 30,000 0 Central
Orange County YWCA Fair
Housing Program 42,136 34,000 Council
of Or County Society St.
Vincent DePaul Mary'
s Kitchen 293,125 0 El
Modena Service Co.Block
Wall Construction 6,608 6,608 Family
Shelter 20,000 15,000 Exchange
Club Child Abuse Prevention
Ctr of Or County Recruitment
and Training of Parent
Aides 4,000 2,000 Friendly
Center, Inc.Escuelita
Pre-School 5,000 0
PAGE 23
CITY COUNCIL MINUTES May 26, 1992
13. PUBLIC HEARINGS (Continued)
Requesting Agencies Request Recommendation Carryover
H.O.M.E.S. Inc.
Swidler House 27,930 5,000
Hortline of So. Calif.
Hotline-Homeless Tracking System 5,000
0 Interval
House-Interval House Crisis Shelters 10,
000 0 Lestonnac
Free Clinic Pt-Time Psychologist
54,000 0 Mariposa
Women's Ctr Substance Abuse Counseling 25,
000 8,000 Olive
Crest Treatment Ctrs.
Refurbishment of Olive Crest Group Homes 15,
900 8,000
Orange Children &
Parents Together, Inc.Project-Rent
12,000 5,000 Project-
Play 11,024
7,000 Orange
County Assoc,for Retarded Citizens Employment
Program 25,000
9,000
Orange County Youth &Family Services-Amparo Youth
Shelter 25,000 8,
000 Orange Housing Dev. Corp OHDC Group
Home 5,
000 5,000 Orange YMCA
Teen Explorers 11,
500 0
Rehabilitation Institute
of Southern California BathlDressing Room Renovations 60,
000 5,
CITY COUNCIL MINUTES May 26, 1992
13. PUBLIC HEARINGS (Continued)
Requesting Agencies Request Recommendation Carryover
Service People in Need, Inc.
Substance Abuse Rehab Prog 9,000 0
Shelter for the Homeless
Bitterbush Family Shelter 15,000 0
Stop-
Gap Therapeutic Drama
Workshops at Orangewood Home 2,730 2,
730 Women's Transitional
Living Center, Inc. WTLC
Community Outreach Program 12,000 6,
470 Subtotal 767,123 142,650 5,
000 GRAND TOTAL $1.536.007 $908.000 $58.
400 Ms. Laster commented all 15 % of the service cap has been allocated, which is the amount
of money available for counseling type programs. The amount of dollars for social
service agencies is $136,200.
00.Linda Boone, Executive Director of OHDC, reported they intend to buy a group home for
six adults and enter into a contract for social services to do management, referrals and
counseling services. The property is yet to be selected. OHDC's part is to be property managers
only.Harry St. George, committee member, presented a minority
report.Jan Mickelson, YWCA, 328 N. Glassell, Assistant Executive Director, requested $38,000
to operate the YWCA's Fair Housing Program. Judy Skalnich, Fair Housing
Director,commented fair housing is provided for the City of Orange only. The YWCA
provides dispute resolution service to the entire County. 90% of the cases received are
landlordltenant and they are not charged if they are in the City of
Orange.Alice Clark, 205 N. Pine St., new member of the CDBG Committee, commented on
the selection
process.Scott Mather, representing Council of Orange County Society of St. Vincent DePaul, 180
S.Cypress, remarked their request for $293,125.00 is to use this for a capital
improvement project which is part of the social
infrastructure.Beverly Nestande, thanked Council for their efforts towards the social
problems.PAGE
CITY COUNCIL MINUTES May 26,1992
13. PUBLIC HEARINGS (Continued)
Joyce Hernan, Executive Director for Retarded Citizens, 1449 W. Orangegrove, reviewed the
program and their budget problems over the past few years.
The Library Director, Karen Leo, explained no funds were budgeted for the Friendly Stop in
the City's 1992/93 budget. The grant extends through September 30, 1992, and the requested
funds would allow the program to continue through June 30, 1993. The funds requested are
for salaries. For the past three years, funds have come from the California State Library
Partnerships For Change.
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Steiner Coontz
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to approve
the proposed City of Orange 1992-93 Community Development Block Grant (CDBG)
Program as recommended by the CDBG Committee.MOTION SECOND
AYES
Steiner
Barrera
Steiner, Barrera,
Mayor Beyer,
Coontz, Spurgeon Moved to authorize staff to
request and receive $908,000 in 1992-93 CDBG funding from the United States Department of
Housing and Urban Development, and reallocate 1991-92 carryover in the
amount of $58,400 for Fiscal Year 1992-93.14. PLANNING
AND ENVIRONMENT - None 15. ORAL PRESENTATIONS
Open discussion of
items not previously discussed on the Agenda.Carol Walters, 534
N. Shaffer, complained about a parking problem at the 500 block of North Orange Street, The
Mayor directed the Traffic Engineer to contact Mrs. Walters.Bob Mickelson, 328
N. Glassell, expressed support for the occupancy limit ordinance.Dan Slater expressed
support for the overcrowding ordinance. Mr. Slater further commented about the graffiti
problem indicating when he calls the graffiti hot line, there is a recording,which does not
help to remedy the problem immediately.. He feels the graffiti should be removed as soon
as possible, instead of the Police Department taking pictures and investigating. The Mayor
commented the situation would be reviewed.PAGE 26
CITY COUNCIL MINUTES May 26, 1992
16. ADJOURNMENT
MOTION
SECOND
AYES
Mayor Beyer Barrera
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon City Counci! will
adjourn to an Adjourned Regular Meeting, June 2, 1992 at 3:00 P.M. in the Weimer Room to
discuss the 1992/93 Budget.CITY CLERK PAGE
27