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05-23-1995 Council MinutesAPPROVED BY THE CITY COUNCIL MiNUTES OF A REGULAR MEETING COUNCIL ON JUNE 13, 1995. ORANGE, CALIFORNIA MAY 23, 1995 The City Council of the City of Orange, California convened on May 23, 1995 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 Mayor pro tern Fred Barrera 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting May 9, 1995 MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.Adjourned Regular Meeting May 16, 1995 MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTA TIONSI ANNOUNCEMENTSI INTRODUCTIONS Mayor Coontz announced Police Officer Kelly Liberatore, Detectives Cathie Ralph and Joan Dupis competed in the Team Triathlon, World Police and Fire Games in Melbourne,Australia held in February, 1995. Donations were received from individuals and businessmen. The officers were congratulated on their outstanding efforts and accomplishments.1.5 PROCLAMATIONS - None PAGE 1 CITY COUNCIL MiNUTES MAY 23, 1995 2.CONSENT CALENDAR TAPE 158 2.1 Declaration of Deputy City Clerk, Cassandra J. Cathcart, declaring posting of CityCouncilagendaofaregularmeetingofMay23, 1995 at Orange Civic Center, MainLibrary, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; allofsaidlocationsbeingintheCityofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregularmeeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as apublicrecordintheOfficeoftheCityClerk. 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in paymentofdemands. ACTION: Approved. 2.3 Request Council approve Master Cooperative Agreement _ Orange County TransportationAuthority. (AZI00.0.Agr.2397) FISCAL IMPACT: None. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.4 Request Council approve Caltrans Utility Agreements a) No. l2- UT-301,b) No. 12-UT-302 and c) No. 12-UT-356 for coordination of water line and sanitary sewerlinerelocations. (AZI00.0. Agr.2398,Agr. 2399, Agr. 2400)FISCAL IMP ACT: The agreements provide for reimbursement to Orange of approximately $13,472 for waterline potholing andexcavation; $4,385 for water facilities relocation and sanitary sewer line construction; andinspectioncostsof $ 52,960 and 6,000, respectively.ACTION: Authorized Mayor and City Clerk to execute agreements on behalf of the City.2.5 Request Council approve Cooperative Agreements betweentheCitiesofOrangeandVillaParkfortheinstallationoftrafficsignalsandsafetylightingattheintersectionsofLornaSt. at Taft Ave. and Lorna St. at Serrano Ave. ( AZI00.0.Agr.2401, Agr. 2409)FISCAL IMPACT: $5,700.00 in estimatedannualmaintenanceandoperationscost. To be included in Traffic Engineering's 1995-96 Operations Budget (Contractual Services Account No. 250-5032-427100-0000 and Electricity No. 250-5032-422301-0000). ACTION: Authorized CITY COUNCIL MINUTES MAY 23, 1995 2. CONSENT CALENDAR (Continued) 2.6 Request Council approve Cooperative Agreement between the Cities of Orange andAnaheimfortheinstallationoftrafficsignalsandsafetylightingattheintersectionofLornaSt. and Via Escola. (AZI00.0.Agr.2402) FISCAL IMPACT: $2,400.00 is estimated annual maintenance and operations cost. TobeincludedinTrafficEngineering's 1995-96 Operations Budget (ContractualServicesAccountNo. 250-5032-427100_0000 and Electricity No. 250-5032-422301-0000).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.7 Request Council approve PromotionalLicenseAgreementandAddendumbetweentheCityofOrangeandOrangeMallDevelopmentAssociatesfortheannualC.O.P.S. Expo to be held June 3 and 4, 1995 at the Mall of Orange. ( Agr.1372.G, 1372.G.I)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.8 CLAIM FOR DAMAGES FROM: (C3200.0) a. Jonny Mans FISCAL IMPACT: None.ACTION: Denied claim and referred to City Attorney and Adjuster.2.9 Request Council approve a ConsultantContractwithHolmes-Narver, Inc. for SR-55 Fwy./Meats Ave. Interchange FeasibijityStudy, and; approve the use of unappropriated Transportation Systems Improvement Programs (Areas Band C) funds for payment of the study. (AZI00.0.Agr.2403)FISCAL IMP ACT: There aresufficientunappropriatedreservesintheTSIPAreaBandCaccountstofundtheestimated $15,000costoftheFeasibilityStudy. As the SR-55 Fwy. is the Area B - Area C boundarythestudycostshouldbesharedequallybetweenAreaBand Area C; $7,500 from each area account.ACTION: Authorized Mayor and City Clerk toexecuteon behalf of the City and approve appropriation transfer.2.10 Request for installation of a traffic signalattheintersectionofHeimAve. and Orange-Olive Rd. (S4000. S.3. CITY COUNCIL MINUTES MAY 23,1995 2. CONSENT CALENDAR (Continued) 2.11 Consideration of rates charged by Cablevision of Orange for the basic service tier andrelatedequipment. (FII00.0) FISCAL IMPACT: None. ACTION: Approved. 2.12 Request to award a contract in the amount of $201,600.00 for the installation of trafficsignalsandsafetylightingatfivelocations, as follows: (AZ1 00.0.Agr.2404) Bid No. 945- 3]Baxter-Griffin Co., Inc.8210 Monroe St.Stanton, CA 90680 FISCAL IMP ACT: Funding for this project will beasfollows:Lorna St. at Via Escola - Signal Installation 29,500 Fund # 550-5032-292100-6030-00206 40,500 Fund #550-5032-483100-6039_00223 Lorna St. at "E" Street - Signal Installation 70,000 Fund #550-5032-483100- 6093_00224 Loma St. at Serrano Ave. - Signal Installation 75,000 Fund #262-5032-483100-6058 17,000 Fund #262- 5032-483100-6090 Lorna St. at Taft Ave. - Signal Installation 72,000 Fund #284-5031-483100- 6126 Collins Ave. at CaliforniaILvnn St. - School Flasher 10,000 Fund #284-5031-483100-6126 2,600 Fund #284-5032-485100-6207 Total amount: $316,600 ACTION: Authorized Mayor and City Clerk toexecuteonbehalfoftheCity.2.13 Request Council approve award of Proposal Number 945-28toPacificBellintheamountof$34,530. 72 for Phase 1 of the Police Department's Local Area Network (LAN) project,and reject all other proposals. (AZI00.0.Agr.2405) FISCAL IMPACT: This project is funded by revenues from Proposition 172 (Fund 120). Funds have CITY COUNCIL MINUTES MAY 23,1995 2. CONSENT CALENDAR (Continued) 2.14 Request Council approve supplemental services agreement that provides a full-time Network Administrator for the Police Department at a cost of no more than $18,201.00 for fiscal year 1994-95. (AZI00.0.Agr.0978. B.6)FISCAL IMPACT: No impact on the General Fund. Funds have beenbudgetedusingrevenuefromProposition172 ( Fund 120).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.REMOVED ANDHEARDSEPARATELY)2.15 Request Council authorize staff to prepare a Resolution authorizing thePublicEmployees'Retirement System (PERS) to grant an additional designated period fortwoyearsadditionalservicecreditfortheCityofOrangeandspecificallydesignatethemiscellaneousmemberstoreceivetheadditionalservicecredittobepresentedtoCouncilonJune13, 1995. (11200.0. 3.4)FISCAL IMPACT: Estimated cost for providing the two years additional servicecredittoalleligiblemiscellaneousemployeesis $1,646,924. Actual costs will vary baseduponthenumberofemployeesthatwouldselecttheadditionalservicecreditincentive. TheCityofOrangewouldexperiencesavingsinthefiscalyear1995-1996 amounting to $1,653,849 if all eligible employees accept this incentive.Mayor Coontz indicated Barbara DeNiro, I I 18 E. Adams, requestedthatthecost incentives be explained.The Acting Personnel Director reported Item 2.15 is incompliancewithGovernmentCodeSection7507whichrequiresthecosttoprovidethetwoyearsofadditionalservicecreditbedisclosedtothepublicatapublicmeetingatleasttwoweekspriortothedatewhentheresolutionisadoptedgrantingtherequest. The costs areapproximately $1.6 million, if all the employees that qualifY under PERS decide toleaveearly. However,based on past experience the actual retirement numbers wouldprobablybeapproximately15-20 employees with costs of$150,000 or less. This requestisanincentive, and approved by PERS. It is not uncommon for public entities to lookat ways to reduce costs.MOTION - Spurgeon SECOND - Murphy A YES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.16 Request from St. John's Lutheran Church for the temporary closure of the 100 block ofS.Shaffer St. on June 25, 1995. (S4000.S. 4)Page CITY COUNCIL MINUTES MAY 23,1995 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: None. Mayor Coontz announced a letter of concern was received from St. John's Lutheran Church regarding a charge for street closure which has not been done in the past. The Director of Public Works/City Engineer reported the conditions imposed upon the street closure involves compliance with the Work Area Traffic Control Handbook. The item in the staff report that the letter reflects is a recommendation rather than a requirement. The applicant does not have to hire a private company to draw up an official detour map. However, the applicant does have to comply with the Work Area Traffic Control Handbook for the closure. There is a no fee permit issued for this closure. There are no city fees imposed on this type of request. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2. 17 Request authorization to advertise for inviting bids for sidewalk improvements on Lincoln Avenue at Glassell Street and Palm. (S4000.S.3.2)FISCALIMP ACT: None.ACTION: Approved.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Items 2.15 and 2.16 were removed and heard separately; all other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS 4.1 Measure R - Proposed Sales Tax Increase Councilman Murphy reported Measure R will be on the ballot in June. Item 8.1, proposed Resolution No. 8470, opposes Measure R as it is not an appropriate solution to the current economic crisis. There has not been a sales tax increase that has ever solved a financial or Page 6 CITY COUNCIL MiNUTES MAY 23, 1995 4. REPORTS FROM COUNCILMEMBERS (Continued) economic problem. All indications and studies show it will actually negatively affect the economy. This is a financial problem, not an economic problem for the County. The economic vitality should not be hurt through an expediency issue when in fact it would not solve the financial problem. Councilman Murphy read Resolution No. 8470. Mayor Coontz commented on the following section of Resolution No. 8470: "Whereas other viable options yet to be fully evaluated do exist to address this crisis." One of the options considered to remove the City from the bankruptcy problem and to gain back the 11 cents, was the proposal that the County in kind give the City land to make up for that loss. Lists have been complied regarding specific lands offered for the County's consideration. The County owes the City approximately $6.6 million, and the land in total is several times that amount. The City's proposal does not include an additional piece of property which is being tracked. Mr. Bennett, advisor to Mr. Popejoy, has indicated this is not a viable option, which is unfortunate. It is a good plan. Mayor Coontz reported on a recent bill, SB 10 XX which was amended on the Assembly Floor, approved by the Senate and moved to Governor Wilson's desk without any committee hearing or notice. The bill would enable the Governor to establish a County Assistance Authority for the purpose of supervising all the budgetary and fiscal affairs of Orange County. The Authority would have the power to issue evidences of indebtedness and levy taxes on behalf of the County. Also, they could redirect up to 16% of property tax revenues from cities, special districts and the County to pay the principle and interest on debt issued by the County or the Authority if the sales tax proposal is defeated. Governor Wilson defeated this bill. However, in the veto, Governor Wilson indicated that in the future if the Board of Supervisors fail to show the necessary leadership to continue to lead the County through these difficult times, this issue may need to be revisited. At the advice of the Orange County League of Cities, a message was sent to the Governor indicating opposition to the bill. Their response on the veto was they believe that if Measure R fails it should be assumed that a proposal such as this one will resurface. Carole Walters, 534 N. Shaffer, President of the Orange Taxpayers Association, Vice.oChairman of the Committee of Correspondence, thanked Council for their opposition to Measure Rand indicated the County is using the bankruptcy to get what they want. 4.2 Crime Report Councilman Slater referred to an article in the newspaper regarding reduction in crime and congratulated Police Chief Robertson and the Police Departments efforts to reduce crime in the City of Orange. TAPE 757 Page 7 CITY COUNCIL MINUTES MAY 23,1995 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1 Appointment of Ken Romero to the Planning Commission, term to expire 4/30/96 (to fill the unexpired term of Bob Walters). (C2500.G.2.5.1) Mr. Romero was present and introduced his wife and family. MOTION SECOND AYES Mayor Coontz Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Approved.6.ADMINISTRATIVE REPORTS TAPE 839 6.1 Report on Orange County Investment Pool. (C2500.F)The Finance Director reported that on May 19, 1995, the City received $13.1 million in the last distribution from the Orange County Investment Pool settlement. This brings to date the total distributions received to $ 21.5 million. The original deposit was $28.1 million, therefore the remaining distribution due under the three options available, Election A, is approximately $6.6 million. A report was distributed to Council which depicted a one page summary of the actual receipts.On May 22, 1995 the City prepurchased for settlement on May 26, 1995, U. S. Treasury Bills and T-Notes at a rate of6.1 to 6.3.6.2 Treasurer's Report for April, 1995. TAPE 889 C2500.F) The Finance Director indicated this report did not reflect any of the activity regarding the Orange County Pool. It will be in the next month's report. The City is gradually moving from more complex reverse repos inverse floaters into the U. S. Treasury and T -Bill market which is doing very well. The first meeting of the Investment Advisory Committee was referenced in the report.MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file the report.7. REPORTS FROM CITY MANAGER - None Page 8 CITY COUNCIL MiNUTES MAY 23, 1995 8.LEGAL AFFAIRS TAPE 933 8.1 ORDINANCE NO. 11- 95 An Ordinance of the City Council of the City of Orange, revising regulations pertaining to food handling businesses and health services fees. (A2500.0) Food Handling)Alex Soles, Supervisor for the Orange County Health Department, Division of Environmental Health, distributed a packet to Council regarding the regulations and commented the Food Certification Program has been in existence for the past four years and has been very successful. MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 11-95 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 8479 A Resolution of the City Council of the City of Orange opposing Measure R (County Sales Tax Ballot Measure). (OC1300.0)MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8479 as introduced be adopted and same was passed and adopted by the preceding vote.8. 3 RESOLUTION NO. 8480 A Resolution of the City Council of the City of Orange opposing proposed Assembly Bill 182 Granlund) pertaining to preemption, local regulation of shopping cart retrieval. (S3500.A)Police Chief Robertson reported this is not a good law. It would allow the responsible party, the grocery industry, 72 hours to pick up carts that are left out in the community. At the end of the 72 hours, if the City were to implement a system of picking up the carts, the charges would be limited to $5. 00. This law would have the City become a spotter system for markets and the City will be placed in a position of explaining to residents why the City cannot remove the carts for three days. Shopping carts are a blight; the more blight there is the more crime there will be.Chief Robertson indicated he would fax the resolution to all assembly members and encourage other Police Chiefs to be aware of AB 182.Page 9 CITY COUNCIL MiNUTES MAY 23,1995 8. LEGAL AFFAIRS (Continued) Mayor Coontz commented she had discussed this with Assemblyman Conroy who indicated he was not interested in supporting it. Councilman Slater suggested sending the resolution and a cover letter from Mayor Coontz to all the assembly members of the State. MOTION SECOND AYES Mayor Coontz Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8480 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, asked who had given the Finance Director permission to go to the Community Development Block Grant Committee (CDBG) to ask for $250,000? Also, why was the money going through Orange National Bank and if Council had not given permission,why was this allowed?The Finance Director explained several months ago when the bankruptcy was announced, the City Manager indicated in a Department Head meeting thta they should research and investigate opportunities to assist small businesses in the City of Orange through an Economic Development effort with respect to their effects on the bankruptcy. The point of the program was to secure some kind of short term loan program pledged against accounts receivable from small businesses who may be negatively effected from the County bankruptcy and as a result lose their business,relocate or move out of the City. The Finance Director was directed to sketch the financial criteria for the program.The Finance Director went to the CDBG committee to discuss the concept and to find out if they could support it from their unencumbered CDBG reserves. No programs have been put together.The three members of the committee that asked questions were assured that these types of loans would not be given to people that would normally fail irrespective of the County's bankruptcy.Also, several banks were contacted by City staff and Orange National Bank was the only one that responded.Mayor Coontz explained the CDBG funding process. It was further indicated that Council should know about these types of activities and research projects.Ms. Walters asked if the Chamber of Commerce had repaid the City for the Gough Van Orange event?Mayor Coontz indicated it was paid in full. However, the Chamber has not thanked the City or Council for its involvement, time and money that went into this event.Page 10 CITY COUNCIL MINUTES MAY 23, 1995 10. ORAL PRESENTATIONS (Continued) Police Chief Robertson indicated they reduced staffing by utilizing reserves and explorers which helped defray costs. Ms. Walters thanked the Police and Fire Departments for their participation in making the Gough Van Orange event successful. Bob Bennyhoff, 10642 Morada Dr., asked the following questions: When will a Personnel Director be hired? What is happening with the City Budget? Concern was expressed about rightsizing, downsizing and the lack of information regarding these terms as they relate to layoffs. Also, the morale of City personnel is very low. Mayor Coontz indicated the Personnel Director hiring was a Closed Session item and could not be discussed. Fire ChiefRudat (Acting City Manager) indicated the revenues and expenses portion of the budget were being generated at this time and will be available within a few weeks. Budgt Study Sessions are scheduled for June 6 and 20th. Mayor Coontz responded the budget is an on-going document and needs to be reviewed monthly.It is to show more efficiency and continued delivery of services and to better the services. The City Manager has in the past indicated the re-engineering will take place over an 18 month period.Pat Buttress, 531 E. Chapman, commented the Chamber of Commerce could write a letter expressing their concern regarding AB 182.Barbara DeNiro, 1118 E. Adams, reported that at the Y orba Junior High School track, on the school walls, east side ofthe track, there has been graffiti for a long time. The school was called and they indicated they are waiting for the Police Department to take pictures. The graffiti has been there too long and needs to be removed.Credit needs to be given to the people in the community regarding the report that crime was reported down.When shopping carts are left on Adams Street, the stores are called. If they do not get there right away, Ms. DeNiro indicated she pushes them around the comer to the school where they are off the sidewalk because older people are always walking in that area and this could cause problems. 11. RECESS MOTION SECOND AYES Murphy Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The following items are of an urgent nature and came up after the posting ofthe agenda.Page II CITY COUNCIL MiNUTES MAY 23,1995 11. RECESS (Continued) Pending litigation in regard to the bankruptcy petition of the County of Orange, Case No. SA 94 22272. The City Attorney announced they were just informed today on a hearing on a motion Friday involving the Transportation Corridor Agency. Since the City is a member, it is necessary to discuss this in Closed Session. Need for immediate discussion and direction to the City's Labor Negotiator, Government Code Section 54957.6 regarding negotiations with all employee groups. Dicussion of appointment of a Personnel Director under Government Code Section 54957. MOTION SECOND AYES Murphy Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 5:55 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - anticipated litigation.Significant exposure to litigation pursuant to Government Code subdivision (b) of section 54956.9 (two potential cases - Note: The City Attorney announced this was changed to one potential case).b. 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 ofthe matters will not be considered in Closed Session.7:00 P.M. SESSION 12. INVOCATION Robert McAuley, Rotary Club 12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG Given by Mayor pro tern Fred Barrera 12.2 ANNOUNCEMENTS 12.3 INTRODUCTIONS 12.4 PROCLAMATIONS Page 12 CITY COUNCIL MiNUTES MAY 23, 1995 12.5 PRESENTATIONS Presentation ofa check for $1,000 from Stephanie Treftzer, President ofSoroptimist International of Orange, to Gary Wann, Director of the Orange Public Library for the Books On Tape Program". 13. PUBLIC HEARINGS TAPE 2899 13.1 CONDITIONAL USE PERMIT 2097-95, VARIANCE NO. 1987-95, I & B CORPORATION Time set for a public hearing on petition by I & B Corporation to consider Conditional Use Permit 2097-95 to allow for the expansion of a service station on a site which is adjacent to a residential zone. Variance No. 1987-95 is requested to waive the development standard regarding front and street side landscape area. Administrative Adjustment 95-01 to reduce the drive aisle width and parking space back-up dimension by 10%. Subject property is located at the northeast corner of Orange-Olive Road and Meats Avenue (2101 N. Orange-Olive Road). (C3300.0)NOTE: Negative Declaration 1467-95 has been prepared to address the environmental impacts of the proposal.MAYOR COONTZ OPENED THE PUBLIC HEARING.The Director of Community Development reported the applicant is proposing to modifY the existing auto service station by doing an addition of a two-story mini-mart and office.Approximately 1300 sq. ft. of building would be added; 960 sq. ft. on the first floor and 360 sq. ft.on the second floor. Within the mini-market they are proposing to sell beer and wine, which requires a Conditional Use Permit, along with the expansion of a service station near the residential area.All of the above issues have been reviewed by the Planning Commission. Minor changes were requested and the applicant complied. The Planning Commission has recommended approval with the following stated reasons: 1) The expansion of the service station to include a convenience market and the sale of alcoholic beverages in conjunction with the sale of motor fuel is a service to the public. With the recommended nine conditions, the proposal should not have an adverse impact on adjacent properties. 2) Granting the variance and administrative adjustment applications does not constitute a special privilege due to existing conditions on the site relative to the location of the existing building and pump islands.Speaking in favor:Robert Colin, 3810 E. Palm, representing the applicant, commented his clients have operated the service station for the past 10 years. There has not been a negative response concerning the proposed sale of beer and wine from the neighborhood or from the Police Department.THERE CITY COUNCIL MiNUTES MAY 23, 1995 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Negative Declaration 1467-95.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Conditional Use Permit 2097-95 as outlined in Planning Commission Resolution No. PC-12-95, including Orange Municipal Code Section 17. 88.020 which lists additional conditions for the sale of beer and wine.MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Variance No. 1987-95 and Administrative Adjustment No. 95-01 as outlined in Planning Commission Resolution No. PC-II-95. TAPE 3197 13.2 UPDATE OF CITY ENVmONMENTAL REVIEW GUIDELINES: Time set for a public hearing on petition by the City of Orange regarding a proposed adoption of local guidelines for implementation of the California Environmental Quality Act. as required under State law. The proposal revises the City's current guidelines and is needed to respond to changes in State environmental law and City policy. (EI400.0) NOTE: The adoption of these guidelines is categorically exempt from environmental review pursuant to State CEQA Guidelines Section 15308, which exempts actions taken by regulatory agencies for the protection of the environment. MAYOR COONTZ OPENED THE PUBLIC HEARING. The Manager of Current Planning reported these guidelines are administrative procedures the City adopts to implement CEQA. These guidelines apply to the entire City. The Planning Commission reviewed the guidelines and have recommended the City Council approve the guidelines. The biggest improvement that was made in the environmental review process has been the changes in City policies and procedures in terms of how the City has operated since 1977. Barbara DeNiro, 1118 E. Adams, asked if there had been a study session on this issue that included the Kangaroo Rat? Page 14 CITY COUNCIL MiNUTES MAY 23, 1995 13. PUBLIC HEARINGS (Continued) Mayor Coontz indicated this is a procedural document, and has nothing to do with endangered species. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Slater Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that these guidelines are categorically exempt from environmental review pursuant to State CEQA Guidelines, Section 15308 which exempts actions taken by regulatory agencies for the protection of the environment.MOTION SECOND AYES Slater Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to adopt, by resolution, the State CEQA Guidelines by reference, and the Environmental Review Guidelines dated March, 1995, which are in accordance with Public Resources Code Section 21082 as outlined in Planning Commission Resolution No. PC-4-95.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, commented she is still upset about the Finance Director's actions regarding the CDBG funds. There is a problem in this City. There are too many people trying to be powerful. The Mayor and Council should be in charge, not different people from the departments. The Council should not be the last ones to know.Page 15 CITY COUNCIL MiNUTES MAY 23, 1995 16. ADJOURNMENT MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 7:37 p.m. to an Adjourned Regular Meeting on May 31, 1995 at 4:30 p. m. in the Weimer Room regarding Economic Development Mission Statement - Goals.MARILYN J. JENSEN MARILYN J. JENSEN, CMC CITY CLERK l~:k~ y~f?;/ 71 i JOANNE C. COONTZ /MAYOR c-/LJh { &A/'~ CASSANDRAJ.dATHCART, CMC DEPUTYCITYCLERKPage 16