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04-14-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 28, 1998 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING Apri114, 1998 The City Council of the City of Orange, California convened on April 14, 1998 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Murphy 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Mayor Coontz recognized Girl Scout Troop 18 in attendance at the meeting.1.4 PROCLAMATIONS Arbor Day in Orange, April 25, 1998, accepted by Harry Thomas, Director of Public Works Earth Week, April 19-25, 1998, accepted by Harry Thomas, Director of Public Works National Community College Month honoring Rancho Santiago Community College District and Santiago Canyon College, accepted by Dean Strenger, President, Santiago Canyon College, Edward Hernandez, Jr., Chancellor ofRSCCD and Larry Labrado,President of the Board of Trustees.Home Building Day, March 24, 1998, accepted by Gerald Gates, President ofBeazer Homes, representing the Building Industry Association 2. CONSENT CALENDAR Tape 474 2. 1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of April 14, 1998 at Orange Civic Center, Taft Branch Library at 740 E. Taft Avenue, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board, and summarized on Time Warner Communications, 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 ofthe City Clerk.PAGE 1 1' 1 CITY COUNCIL MINUTES April 14, 1998 2. CONSENT CALENDAR (Continued) 2.2 Request Council confirmation of warrant registers dated March 19, 26 and April 2, 1998. ACTION: Approve. 2.3 Request approval of City Council Minutes, Regular Meeting, March 10, 1998, March 24, 1998 and Adjourned Regular Meeting, April 7, 1998. ACTION: Approved. 2.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS REMOVED AND HEARD SEP ARATEL Y) 2.5 Second Amendment of Consultant Agreement for Main Library Renovation. A2100.0 AGR-2885. 2)SUMMARY: Second Amendment Consultant Agreement with Robert R. Coffee,Architect and Associates, in the amount of$11,175 for architectural services for the Main Library Remodel.Discussion: Norm Phillips, 348 Redwood, asked why the $1.5 million for the Main Library Renovation did not include the remodeling plans, and commented on the delay of the project.The Director ofCommunity/Library Services responded there will be an approximate eight week delay in the project. The City Manager clarified $11,175 was not included in the $1.5 million. It was discussed with Council that there would be additional costs for the architect to rework the plan.MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Sufficient funds are budgeted for this amount in Account No. 100-2001-426700, Library Administration: Other Professional, $11,175.PAGE 2 l~ r CITY COUNCIL MINUTES April 14, 1998 2. CONSENT CALENDAR (Continued) APPROPRIATION 2.6 Worker's Compensation I1200.0.3.8) Claims Compensation Budget Appropriation. SUMMARY: Appropriate $230,000.00 from Fund 730 (Workers' Compensation) to Account No. 730-1412-432100, Claims Compensation, to cover unexpected workers'compensation medical benefits. ACTION: Approved.FISCAL IMPACT: Adequate funds are available in the Workers' Compensation fund to cover the $230,000. 00 appropriation.REMOVED AND HEARD SEPARATELY)2.7 Stagecoach Fire Reimbursement to Orange County Fire Authority. ( C2500.H)SUMMARY: Appropriate $42,538 from the Unreserved Fund Balance in the General Fund to reimburse the Orange County Fire Authority for contract labor provided during the Stagecoach Fire of October 26, 1993.Discussion: Barbara DeNiro, (address on file), asked why the City is paying for contract labor provided during the Stagecoach Fire of 1993?The Fire Chief responded the reimbursement was received from the Federal Emergency Management Agency (FEMA).MOTION - Mayor Coontz SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved.FISCAL IMPACT: Appropriate $42,538 to Account No. 100-3021-411101, Regular Salaries - Safety. BIDS 2. 8 Purchase of Exhaust Filtration Systems for Fire Engines. (C2500.H)SUMMARY: Authorize the purchase in the amount of $45,944.60 for five (5) exhaust filtration systems for five (5) Orange City Fire Engines and waive the bid process for Ward Diesel Systems, Inc., the single vendor/provider for the exhaust filtration system.ACTION: Approved.PAGE 3 r- I--~--- --~- - ------- CITY COUNCIL MINUTES April 14, 1998 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Sufficient funds are budgeted for this amount in Account No. 720- 5023-471301-2507, "Diesel Exhaust Filters," $45, 944. 60.CLAIMS 2.9 CLAIMS FOR DAMAGES FROM: ( C3200.0)a. Vista Royale b. Truck Insurance Exchange c. Brian Richards d. Brossy Reina e. Alexander Cortez f. Patrick Tocher g. Michael R. Coulter FISCAL IMPACT: None.ACTION: Denied claims for damages and referred to City Attorney and Adjuster.CONTRACTS 2.10 RMS Engineering Professional Services Contract Change Order. ( A2100. 0 AGR-2942)SUMMARY: RMS Engineering is working to complete final plans, specifications, and estimates to seismically strengthen the Headquarters Water Plant Building. Additional work areas have been identified requiring extra engineering work. This change order is necessary to accommodate the additional engineering work.ACTION: Approved Contract Change Order No. 1 in the amount of $9,960. 00 to RMS Engineering Inc.FISCAL IMP ACT: Funds are budgeted and available in the following account: 601-8041-481200-8211 $9,960.00 ( Water Plant Building Seismic Retrofit).2.11 Amendment No. 1 to Contract No. 2964 with Kimley-Horn and Associates in the amount of $3,900 to design lighting improvements in the Depot Park. (A2l00.0 AGR-2964.1)SUMMARY: Amendment No.1 to Contract No. 2964 will provide professional services to evaluate the lighting conditions in the Depot Park and design additional landscape lighting, including Tivoli lights in the trees, to enhance the safety and aesthetics CITY COUNCIL MINUTES April 14, 1998 2. CONSENT CALENDAR (Continued) ACTION: Approved Amendment No. 1 to Agreement No. 2964 with Kimley-Horn and Associates in the amount of $3,900, and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT: The additional $3,900 to Contract No. 2964 will be paid from Account No. 922-9811-426700 (Southwest Redevelopment Professional/ Consulting Services).RESOLUTIONS 2.12 RESOLUTION NO. 8900 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 an accessory second housing unit upon property located at 2459 North Santiago Boulevard. ( C3300.0 CUP-2203-97)Conditional Use Permit 2203- 97 Applicant: Edward Howard ACTION: Approved.2.13 RESOLUTION NO. 8902 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; SP 3211; Brongo Construction; Mabury Creek Restoration. (A2100.0 AGR- 2952)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.14 RESOLUTION NO. 8905 A Resolution of the City Council of the City of Orange making certain findings,including that certain City-owned real property commonly known as 492 S. Orange Street is surplus to the City's needs, and authorizing the sale thereof through a publicly-noticed,competitive bid process. (P2500.0.1)NOTE: Mayor pro tem Slater abstained due to a property interest.MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABST AIN- CITY COUNCIL MINUTES April 14, 1998 2. CONSENT CALENDAR (Continued) 2.15 RESOLUTION NO. 8906 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 realignment of the boundary line between property zoned R-O (Recreational-Open Space) and M-H (Mobile Home) on property situated west of Prospect Street between Spring Street and Walnut Avenue and the reclassification of property situated on both sides of Prospect Street between Walnut Avenue and Spring Street from M-H ( Mobile Home) to R-3 Residential, Multi-Family). (ZI500.0 ZCG-1191-97)Zone Change 1191- 97 - Applicant: Beazer Homes California, Inc.ACTION: Approved.2.16 RESOLUTION NO. 8907 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 west of Prospect Street between Spring Street and Walnut Avenue.T4000.0 TRT-14680)Tentative Tract 14680, Minor Site Plan Review 45-97 - Applicant: Beazer Homes California, Inc.ACTION: Approved.2.17 RESOLUTION NO. 8908 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and adopting a precise street alignment for the eventual construction of the Walnut Avenue/Spring connection. (T4000. 0 TRT-14680)Applicant: Beazer Homes California, Inc.ACTION: Approved.2.18 RESOLUTION NO. 8909 A Resolution of the City Council of the City of Orange expressing appreciation to Police Officer Carl K. Orne for 17 years ofloyal CITY COUNCIL MINUTES April 14, 1998 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARATEL Y) 2.19 RESOLUTION NO. 8899 A Resolution of the City Council of the City of Orange approving the Memorandum of Understanding between the City of Orange and the Police Management Association concerning wages, hours, and other terms and conditions of employment effective March 1, 1998 through February 28, 2001 and repealing Resolution No. 8638 and amendments thereto for said employees. (C2500J.4.2.1) Discussion: Carole Walters, (address on file), commented it seems those receiving a pay raise were involved in the Chief Robertson issue. The Personnel Director responded the law requires that the Association meet and confer in good faith. The contract was up for review regardless of the issue with Chief Robertson. The Assistant City Attorney noted a revision to Page 9, Section 8 of the Resolution. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved, as revised.SPECIAL EVENTS REMOVED AND HEARD SEPARATELY)2.20 Request from the Orange County Mustang Club to close the Plaza for a display of approximately 200 Classic Ford cars on Sunday, July 12, 1998 from 6 a.m. to 5 p.m.p1300.0.9) Discussion: Carole Walters, ( address on file), asked if Orange Street is the cut-off? The report should indicate if Grand Street is to be included.The Director of Community Development responded the eight block barricaded area would include Chapman Avenue to Grand Street. The standard street closure is two blocks east and west and one block north and south.Mayor Coontz requested the information be included in the report in the future.The Director of Community Development commented the Orange County Mustang Club is an eleven year old organization with approximately 450 members, who conduct monthly meeting events working with a variety of non-profit organizations. The largest event they are involved with is the All Ford Club Show at La Palma Park in Anaheim.The organization is competent and has acted responsibly in past events.PAGE 7 1 T F i.' I CITY COUNCIL MINUTES April 14, 1998 2. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved, with the street being blocked at Orange Street as indicated in Section 1 of Resolution 8901 (Item No. 2.21).FISCAL IMPACT: A $ 1,000 bond would be deposited with the City to cover any costs.2.21 RESOLUTION NO. 8901 A Resolution of the City Council of the City of Orange authorizing the temporary closure of Chapman Avenue from Olive Street to Orange Street, and Glassell Street from Maple Avenue to Almond Avenue only within the Historic Plaza area, for a special event on July 12, 1998. ( S4000.S.4)Event: Orange County Mustang Club Classic Car Show ACTION: Approved.2. 22 RESOLUTION NO. 8904 A Resolution of the City Council of the City of Orange approving the Memorandum of Understanding between the City of Orange and the Orange Fire Management Association concerning wages, hours, and other conditions of employment for the period of March 1,1998 through and including February 28,2001 and repealing Resolution No. 8666 and amendments thereto for said employees. (C2500.J.4.3)ACTION: Approved.MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 2.5, 2.7, 2.14, 2.19 and 2.20 were removed and heard separately. Mayor pro tem Slater abstained on Item No. 2.14. The remainder of the Consent Calendar was approved as recommended.END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR COONTZ Tape 1017 3.1 Planning for the future - Report on the City's Capital Improvement Program.Mayor Coontz gave the following report:PAGE 8 CITY COUNCIL MINUTES April 14, 1998 3. REPORTS FROM MAYOR COONTZ (Continued) The future of our city is built year to year through its operating budget. At the last Council meeting I gave a brief overview of our study session on this document. The Capital Improvement Plan, another budget document, has even greater significance because it lays out each department's public improvement plans not only for the coming year but seven years into the future. Last week, this major planning document, in draft form, was presented at our second budget study session, this one in conjunction with the Planning Commission, which must approve the Capital Improvement Plan under State law before it comes to the Council for final approval. Each department featured their most important projects for 1998-99 and beyond, into the fiscal year 2004-05, well beyond the millenium. I was most impressed with the quality of the efforts of our departments, led by our City Manager, and the easy to understand new format of the Seven Year Capital Improvement Plan. This plan covers 109 projects over seven years, an investment of nearly $18 million in the coming fiscal year and more than $91 million over the seven year horizon. The Council and the Planning Commission can be credited too, with their knowledge of the needs of the community and their participation through questions and recommendations. Typically, there was only one member ofthe community present, along with representatives from the press.The bulk of the capital projects are in the departments of Public Works and Community Services.These departments are responsible for renovating and maintaining the facilities of a 110 year old city and building new facilities to meet the needs of an ever increasing population, now numbering 130,000. Here is just a sampling of their efforts to bring our City up to a new standard of excellence.The largest single project the Department of Public Works has ever done, at a total valueof $ 7.4 million, including right-of-way and construction, will be the widening of City Drive and improvement to the City Drive/Chapman intersection. These fast track projects must be completed early in November, before the opening of The Mills. Together with the work being done to improve the I-5, our City's western border will become one of the most vital commercial and business areas in Orange. In central Orange, Public Works is preparing for three major projects to accompany the soon to be widened 55 Freeway. They are improvements to the Meats and La Veta bridges and an additional north bound on-ramp at Katella. Public Work's active program to improve sewers and storm drains paid offby minimizing damage from the heavy winter rains we experienced, and millions of dollars will continue to be spent on these improvements in next year's budget. The City will begin a new program to improve the pavement in 48 public lots in the next few years and most importantly, maintain them on a regular basis.The Department of Community Services is responsible for all our parks, our recreation programs,and the libraries. Five baseball and soccer fields, two concession stands, restrooms, tot lots and other amenities will become a reality at McPherson School through next year's Capital Improvement Budget. All the active parks throughout the City will receive major improvements,and in some cases redesign, before the year 2000 to meet the increasing recreation needs of our community. The City Council has expressed a continuing interest in an enclosed gym, perhaps in conjunction with a Community Center, and the City Manager will pursue that possibility CITY COUNCIL MINUTES April 14, 1998 3. REPORTS FROM MAYOR COONTZ (Continued) Libraries are the hallmark of the great cities of our nation, and this City Council has emphasized our need for improvements. The renovation of the Main Library, the smallest per capita in Orange County, will be completed October 15th of this year with the grand re-opening on November 15th at a cost of$1.576 million. The renovated library will serve the community until various funding sources are made available to construct a state of the art building to fully meet the needs and expectations of our community. The Council has requested that a new facility become a line item on this and future Capital Improvement Budgets.Another project of Community Services within the seven year projection are plans to renovate the Plaza Park, provide more space for outdoor dining, and to improve the traffic circulation in and around the Plaza.This is just a sampling of the projects delineated in the CIP Budget which consists of over 300 pages. I believe we should provide more opportunities for the public to be informed about the progress we are making to provide our community with the best facilities and services available.I hope that in the near future, we can improve our information to the public through our Web site,and city sponsored publications. The need is evident. We are, and have been, in the information age."Councilman Murphy requested, through the Chair, that the City Manager direct staff to prepare a report for consideration of standard city monuments or markers for the entrances to the City.Mayor Coontz requested properties that surround the entrances to the City be cleaned up,whether it be city or county property.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1257 5.1 Accept letter of resignation from Steven G. McHarris dated April 3, 1998 resigning from the Design Review Board. Instruct the City Clerk to advertise according to Maddy Act requirements. (ORI800.0.8.1) Mayor Coontz indicated Steven McHarris is moving out of town. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept the resignation, with regrets.PAGE 10 F--- T~-- CITY COUNCIL MINUTES April 14, 1998 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.2 Re-appoint Frank Bauman, Jim Brennan and appoint Jack Selman to the Building Board of Appeals, terms to expire 3/31/2000. (OR1800.0.42. 2)MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to re-appoint Frank Bauman and Jim Brennan, and appoint Jack Selman for terms to expire 3/31/2000.6. REPORTS FROM CITY MANAGER Tape 1294 The City Manager provided an update on the refunding of the Certificates of Participation (COP)for the Police Facility. Competitive bids were received today from four underwriters wanting to buy the COP's. The low bidder was Bank of America at a True Interest Cost of 4.7593%. The rate is extremely competitive and lower than the interest rate range anticipated (4.8% to 5.7%).Refunding the COP's at this rate will provide an annual budgetary savings exceeding $200,000.Net Present Value savings over the life of the debt issue will be $2.45million.7. ADMINISTRATIVE REPORTS Tape 1342 7. 1 Appeal of the City Traffic Commission's decision for installation of 20 feet of red curb adjacentto the driveway at 190 N. Cypress Street. (S4000.S.3.1.1)SUMMARY: The City Traffic Commission approved installation of 20 feet of red curb on both sides of the driveway at 190 N. Cypress Street. Mr. Mark Paulus is appealing this decision and requesting that the parking restriction be changed to 10 feet on each side of the driveway.The Director of Public Works reported Gary Mead owns the business at 190 N. Cypress and submitted the request due to problems being experienced with ingress and egress to his driveway due to vehicles being parked close to the driveway approach. The Traffic Commission's approval of the 20 feet of red curb on both sides of the driveway addresses the issue of the encroachment into the driveway area and the site distance problem that exists when large vehicles are parked in the immediate vicinity of the driveway. The appeal was filed by Mr. Mark Paulus, a business neighbor of Mr. Mead, who felt the restriction was excessive and would reduce the available parking on the street. The appellant suggested that 10 feet of red curb on each side of the driveway was sufficient. Staffs response was' that 10 feet was inadequate in terms of providing adequate site distance when large vehicles are parked adjacent to the driveway and the reduction did not achieve the addition of a parking space. Off-street parking is available in the immediate vicinity. Mark Paulus, 166 N. Cypress Street, owner of Mark's Old Towne Service, indicated there has been a parking problem since the bus station and Metrolink opened. He said Mr. Mead has agreed that 10 feet would be sufficient for trucks and trailers to pull out of his facility. PAGE 11 CITY COUNCIL MINUTES April 14, 1998 7. ADMINISTRATIVE REPORTS (Continued) Commuters park in front of his facility rather than in the Metrolink and bus designated parking. The 10 feet on either side of the driveway is critical, as it is the aggregate parking on the street that affects him. Councilman Murphy asked if there are any safety issues with 10 feet on each side? The Director of Public Works responded the 20 feet was based on the site distance consideration. The concern was with extensive curb parking in the area. There is a potential for restricted site distance and safety issues that do arise. Councilman Spurgeon asked about time limitation signs in the area, which would eliminate the commuter parking. Mr. Paulus explained a time limit would cause a problem with Gary Mead and other businesses. The red curbs were requested because the length and width of the driveway does not allow the semi-trucks and trailers which deliver to Mr. Mead's business enough room for them to swing out without coming close to vehicles parked on the street.MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to reduce the red curb from 20 feet to 10 feet on both sides of the driveway and direct staff to return to Council with a report on the wider view of a small parking study of the area and solutions. 8.LEGAL AFFAIRS Tape 1767 8.1 ORDINANCE NO. 1-98 (SECOND READING)An Ordinance ofthe City Council of the City of Orange repealing Chapter 5.56 ofthe Orange Municipal Code and adding a new Chapter 5.56 to the Orange Municipal Code pertaining to Massage Establishments. (A2500. 0)MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to April 28, 1998.8.2 ORDINANCE NO. 6-98 An Ordinance of the City Council of the City of Orange repealing Ordinance No. 15-97 and adding Chapter 7.01 to the Orange Municipal Code relating to water quality and storm drain water discharges. (A2500.0) PAGE 12 T CITY COUNCIL MINUTES April 14, 1998 8. LEGAL AFFAIRS (Continued) Barbara DeNiro, (address on file), asked who the fees and charges apply to? Will it affect the utility bill? The Director of Public Works explained the amendment allows a charge for any permits that would need to be issued for storm water discharge. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 6-98 be read by title only and same was set for second reading by the preceding vote. RESOLUTION NO. 8903 A Resolution ofthe City Council ofthe City of Orange amending and revising the master schedule of fees and charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to the regulation of storm water discharges.MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8903 as introduced, be adopted and same was adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS Tape 1867 Carole Walters, (address on file), asked for a list of attorney fees paid on claims; announced that Ben Alivis is coming back to Orange soon; and indicated she is not going to run for office.Mayor Coontz indicated that Ben Olives is a pseudonym. The City Manager was directed to provide Ms. Walters with the requested list.Barbara DeNiro, (address on file), commented it is interesting that Steven McHarris, Design Review Board member, is leaving town, as he put the City on the list of National Historic Districts. It is hoped the City can make some money on the property at 392 S. Orange. Walmart still has their mini-storage facilities up past the 30 day limit warning given. Ms. DeNiro indicated she received an unsigned letter that was dated and sent to the City News.Norm Phillips, 347 Redwood, asked that he not be interrupted when he was asking a question of the Director of Community Services.Mayor Coontz informed Mr. Phillips that all department heads attend Council meetings and respond to citizens questions through the Mayor who chairs the meeting. Mayor Coontz indicated Council meeting protocol is outlined in Ordinance No. 43-60.PAGE 13 1 CITY COUNCIL MINUTES April 14, 1998 11. RECESS Carole Walters, (address on file), asked for a Point of Order which the Mayor granted. Ms. Walters commented that asking a question is not a personal attack. The City Council recessed to a Closed Session at 5:45 p.m. for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. 1) City of Orange v. Mary Jeannette Morton, Trustee of Mary Jeannette Morton Revocable Trust, Orange County Superior Court Case No. 77 77 60;2) City of Orange v. Geneva B. Fulton, Orange County Superior Court Case No. 777762;3) City of Orange v. Geneva B. Fulton, Mary Jeannette Morton, Orange County Superior Court Case No. 77 77 63.4) Lambert v. City and County of San Francisco, California Supreme Court Case No.S0654467 - Amicus Request 5) State of California v. City of Orange, Orange County Superior Court Case No. 77 06 73 6) Jones v. City of Orange, et al. Orange County Superior Court Case No. 790175 7) Santa Monica Beach Ltd. v. Superior Court, California Supreme Court Case No. S082924-Amicus Request b. Public employee performance evaluation pursuant to Government Code Section 54957: City Manager.c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham; Employee Organization: Orange City Firefighters.d. 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 12.1 INVOCATION Pastor Steve Beckham, Our Saviors Lutheran Church 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Murphy 12.3 ANNOUNCEMENTS - None PAGE 14 T------. CITY COUNCIL MINUTES April 14, 1998 12.4 INTRODUCTIONS - None 12. 5 PROCLAMATIONS - None 12.6 PRESENTATIONS - None 13.PUBLIC HEARINGS Tape 2208 13.1 APPEAL NO. 442, CONDITIONAL USE PERMIT, 2195-97, RALPH ZEHNER The public hearing on petition by Ralph Zehner to appeal the decision of the Planning Commission on January 5, 1998 denying Conditional Use Permit 2195-97 which would allow the construction of a structure in excess of 1 12 stories in Old Towne, required by OMC 17. 14.070(y) and Old Towne Design Standards Chapter 5.B.2.b. and Mitigated Negative Declaration 1540-97 was continued from March 10,1998 to this time. The property is located at 630 East Culver Avenue. NOTE: Mitigated Negative Declaration 1540-97 was prepared to evaluate the environmental impacts of this project.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:PC change of requirements once again. The project was redesigned, meeting all State, City codes, Old Town Standards. The PC could not be more specific, so I request that this move on."NOTE: The Director of Community Development reported Mr. and Mrs. Zehner submitted a request for a continuance to May 12, 1998.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to May 12, 1998.13.2 GENERAL PLAN AMENDMENT 1-98,PRE-ZONE CHANGE 1194-98 - GREYS TONE HOMES AND LOCAL AGENCY FORMATION COMMISSION LAFCO): Time set for a public hearing on petition by Greystone Homes and LAFCO to consider General Plan Amendment 1-98 to redesignate property from a combination ofMDR (Medium Density Residential, 15 to 24 dwelling units per acre) and PF (public Facilities/Quasi Public- Fire Station)to LMDR (Low-Medium Density Residential 6 to 15 dwelling units per acre); and Pre-Zone Change 1194-98 request prior to annexation of property located west of Orange-Olive Road on the Northwest corner ofthe Metrolink right-of- way and Lincoln Avenue, to classify said property as an R-3 District. (C2300.E GPA-I-98)NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15319.The Director of Community Development reported the property is approximately 3 12 acres within the County CITY COUNCIL MINUTES April 14, 1998 13. PUBLIC HEARINGS (Continued) construction have been approved through public hearings under the County's jurisdiction. The change to the General Plan designation and zoning will allow for annexation to the City. Mayor Coontz asked if this project matches the development standards of the City? The Director of Community Development responded the project comes close to meeting the City's development standards. There are some minor differences which are more technical in nature. The effort within Orange County and elsewhere in the State is to attempt to absorb County islands into City jurisdictions in order to more efficiently provide services. Although it is a County parcel, the City provides services because it is within the borders of the City. Councilman Alvarez asked what benefit the County will get from the annexation? The Director of Community Development explained Council recently adopted a Resolution on the property tax sharing agreement for the future. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION- Murphy SECOND- Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15319.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve General Plan Amendment 1-98 as outlined in Planning Commission Resolution No. PC- 16-98.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Pre- Zone Change 1194-98 as outlined in Planning Commission Resolution No. PC- 17-98. 13.3 APPEAL NO. 444, CONDITIONAL USE PERMIT 2200-97, MANILA PENINSULA:Time set for a public hearing on petition by Robert King and Associates, Inc., to appeal the decision of the Planning Commission on February 2, 1998 approving Conditional Use Permit 2200-97 to allow the on premise sale and service of alcohol with meals within an existing PAGE16 T--- Tm -- CITY COUNCIL MINUTES April 14, 1998 13. PUBLIC HEARINGS (Continued) restaurant located within the Ramada Inn Complex located at 105 N. State College Boulevard, Orange. (A4000.0 APP- 444)NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303.THE APPELLANT STATES THE FOLLOWING REASONS FOR APPEAL:Zoning Code requires a CUP for a motel in this C-l zone. Per Staff, there is no existing CUP.There have been significant recent changes to this use. The property owner is a constructive applicant to CUP 2200-97. His affidavit affirms so. The approval of CUP 2200-97 should have been conditioned on all violations of codes and statutes being corrected and the property being made to conform with all previously approved entitlements applications and the plans on file.There is currently no CUP for entertainment for the existing restaurant. Unless CUP 2200-97 is so restricted, it is not exempt from CEQA, and action under CEQA would be justified. The motion as passed for CUP 2200-97 does not satisfy any of the four findings required by OMCS 17.92.020."The Director of Community Development reported the property is currently zoned C-l and surrounded by commercial properties. The Manila Peninsula is under lease with the Ramada Inn.During the public hearings on the application, the neighbors adjacent to the motel property expressed concern with the existence of large 18-wheeler trucks that use the parking lot at the northeasterly end ofthe Ramada Inn property. The issue of alcohol did not seem to be of concern with the neighbors. The Planning Commission recommended approval of the CUP for the alcohol and further directed the Community Development Department to address the issue of the trucks on the property. The Current Planning and Code Enforcement Division have been in discussion with the motel operator and the adjacent neighbor to attempt to determine specifically what the issues are and to attempt to resolve them. The appellant is an occupant of an adjacent office structure.The Assistant City Attorney concurred with the Community Development Department's determination that the complaint of the trucks and the Conditional Use Permit are not related.Mayor Coontz asked what the activity is of Code Enforcement regarding the truck issue? Is this a nationwide policy of Ramada Inn or just at this location? The Director of Community Development explained the truck and trailer are kept on the property. During a weekday visit,there were approximately 6 trucks on the site. Councilman Spurgeon noted that eleven truckers were listed in-house on some recent correspondence received from the Ramada Inn.MAYOR COONTZ OPENED THE PUBLIC HEARING.SPEAKING IN OPPOSITION TO THE APPEAL:Paul Roberts, consultant representing Manila Peninsula, 40 Via Madero, Rancho Santa Margarita, commented that no one has an objection to the CITY COUNCIL MINUTES April 14, 1998 13. PUBLIC HEARINGS (Continued) Peninsula. No problems at the restaurant have been reported by staff or the Police Department. Mr. Robert King expressed concern with the ballroom dancing and trucks parked at the hotel. Wendy Seibel, 101 N. State College, representing Ramada Inn, indicated complaints received this year were the 18-wheeler refrigerated trucks that run 24 hours a day. Due to the complaints,refrigerated trucks are no longer accepted on the property. Since January, 1998, trucks can no longer be parked anywhere at the hotel. Twenty-five parking spaces are designated in the back of the motel for the truckers, with five additional spaces on the right side facing the property.There are no longer parking spaces on the side of the motel facing Rampart Street. Ramada Inn has no plans in the future of removing the truck business; it is a large percentage of their business. Ramada Inn has agreed to not renew contracts with three nationwide freight firms which expire in 1999.IN RESPONSE TO OUESTIONS FROM COUNCIL:The Director of Community Development explained the City's ordinance does not have specific language that addresses trucks on commercial property.The Interim Police Chief indicated there has not been a problem with crime at the Ramada Inn.SPEAKING IN SUPPORT OF THE APPEAL:JeffFarano, 2300 E. Katella, Suite 235, Anaheim, representing Mr. Robert King and Rampart Business Community Association, indicated their primary objection is the trucks parked on the property which back up to the offices owned by Mr. King, Mr. VanDorpe, and the Association.Pictures were distributed to Council depicting where the trucks are being parked. ( pictures on file in the City Clerk's office.) Concern was expressed that Rampart is not a truck route. The trucks impact traffic, create noise, and aesthetically present a problem for the adjoining neighbors. CEQA guidelines and Negative Declarations have to be considered in combination with the possibility that this use includes dancing, banquets and weddings. The impact of traffic connected with these uses should be looked at for traffic study, aesthetics, noise, appearance, and economics. The elimination of trucks on the property that create a disturbance would resolve the problem. Mr. Farano referred to a letter written to Mr. King from Mr. Hong suggesting a wall be considered to block the sound of the trucks, indicating he believes the wall would solve the problem.Linda Mapes, 101 N. State College Blvd., representing the Ramada Inn, commented Mr. King and Rampart Business Community Association would like a block wall measuring 130 feet, 6 to 8 feet high in a 90 day period. They would also like the landscaping improved or 100% similar to what is planted now along Rampart Street. A maximum of 20 trucks are allowed to stay on the property. They are willing to work with Mr. King and the Association, but more time is needed. PAGE 18 CITY COUNCIL MINUTES April 14, 1998 13. PUBLIC HEARINGS (Continued) REBUTTAL Dan VanDorpe, VanDorpe Cho Associates, 295 Rampart Street, commented if the property owner had agreed to the item in his letter of April 2nd, they would not be here tonight. The various items they have tried to work out, i.e. block wall, removal of sign, and eventual phasing out by 1999 of the trucks were put into an agreement by Mr. King and sent to Mr. Hong. Mr. VanDorpe disagreed with the Interim Police Chief regarding crime at the location. Mayor Coontz commented the focus of Council should be the restaurant. The truck issue needs to be addressed separately. The Assistant City Attorney concurred with Mayor Coontz and expressed concern with the contractual relationship the Ramada Inn has with trucking firms, indicating nothing in the Code allows the City to prohibit this type of parking. To do so might interfere with the contractual relationships. In response to Mayor Coontz, he indicated a new Ordinance would be appropriate. The Director of Public Works commented the use of non-truck routes by trucks is permitted as long as it is the most direct route from an unrestricted street to the truck's destination, if the location is a legitimate destination or origin.MAYOR COONTZ CLOSED THE PUBLIC HEARING.COUNCIL COMMENTS:Councilman Spurgeon expressed support of the restaurant but concern with trucks parking overnight in the area which is currently under construction due to the widening of the 1- 5 freeway.Mayor pro tem Slater expressed support of the restaurant. The area has deteriorated mainly due to the activity ofCaltrans and the widening of the 1-5 freeway. He is confident when the widening is completed the area will improve. It is hopeful the Ramada Inn will phase out the truck stop business. An ordinance should be pursued which addresses truck parking.Councilman Alvarez requested staff also talk with the owners of the nearby walk-in theater.Mayor Coontz commented the work on the I-5 freeway has affected a number of businesses.Appreciation was expressed to the Ramada Inn staff for their efforts to bring the motel up to a more acceptable standard.MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. PAGE CITY COUNCIL MINUTES April 14, 1998 13. PUBLIC HEARINGS (Continued) MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny the appeal on the Conditional Use Permit for Manila Peninsula; direct the staff to pursue amendments to the Zoning Code to address the issues of truck parking in motels and hotels and other businesses that have not in the past received that kind of traffic; requested the Code Enforcement Division of the Community Development Department pursue any other efforts that they can address the problem; and direct staff to bring back a report within 90 days to update the code. 14. PLANNING AND ENVIRONMENT - None 15.ORAL PRESENTATIONS Tape 4572 Gary Meserve, Orange, said he received a letter from the Traffic Commission regarding the intent to put green curbs on the 100 block of S. Cambridge and to change the bike route. He expressed support of the changes with the following stipulations: 1) that the street be widened in front ofP. J. Mead' s and a take-out window put in; 2) when the parking overflows during the 15 minutes, the residents accommodate them by allowing the overflow to park in their driveways; 3)the 15 minute parking have patrolled enforcement; and 4) Cambridge Street be rededicated and be called Mead Drive.Mayor Coontz requested clarification that Cambridge Street is not all the same width. The Director of Public Works responded there is some variation in the width. He is not sure how much right-of- way would be available for widening without involving structures.Richard Carlson, 159 S. Cambridge, presented a letter given by his neighbor, Steven L. Bell, to the Traffic Department (on file in the City Clerk's office) expressing opposition to the implementation ofthe 20 minute parking, removal of the County bikeway, and how he would have to relocate.JeffFarano, 2300 E. Katella, commented Rampart Street is not a street necessary for trucks to use to get to the ultimate destination (Ramada Inn). There is a driveway off State College. It was suggested the hotel be encouraged to block offthe driveway to the rear of the property to encourage trucks to pull into the back area.PAGE 20 I---- - CITY COUNCIL MINUTES 16. ADJOURNMENT April 14, 1998 The City Council will adjourn to an Adjourned Regular Meeting, April 21, 1998 at 5:00 p.m. in the Weimer Room to discuss the 1998/99 Budget - Revenues, Projections and Expenditures.d-- ud~~CASSANDRA J. ~T CART, CMC CITY CLERK PAGE 21 1 IT 1-I;;