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03-08-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA MARCH 8, 1994 The City Council of the City of Orange, California convened on March 8, 1994 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT - None NOTE: Councilman Spurgeon was absent from the 7:00 P.M. Session, Item 13.1 due to a conflict of interest.1.3 APPROVAL OF MINUTES Regular Meeting February 22, 1994.MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCfIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 27 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of March 8, 1994, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bbn'etin 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 Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.PAGE 1 I CITY COUNCIL MINUTES MARCH 8, 1994 2. CONSENT CALENDAR (Continued) 2.3 Request from the County of Orange to waive sixty-day notice requirement for donated space at 363 S. Main Street for the Social Services Agency's Social Services and Financial Assistance Outstation Program. (A21oo.0.Agr.1678. c)FISCAL IMPACT: None.ACTION: Approved.2.4 Request Council appropriate $4,400.00 from General Fund for audit services by the City' s independent auditors, KPMG Peat Marwick. (A2100.0.Agr. 2004)FISCAL IMPACT: Requires appropriation of $4,400 from General Fund Unappropriated Reserves to Account No. 100-1201- 426300.ACTION: Approved.2.5 Request the City Council accept the Comprehensive Annual Financial Report for the year ended June 30, 1993. (C2500. J.1.3) FISCAL IMPACT: None.ACTION: Received and filed.2.6 Request Council approve a recipient agreement of $75,000.00 from the Orange County Urban Park Grant for landscape development of the Santa Fe Depot Park.A21oo. 0.Agr.2199)FISCAL IMPACT: Matching funds are in Fund 510. These funds have been appropriated in the 1993-94 budget.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.7 CLAIM FOR DAMAGES FROM: (C32OO. 0)a. Tricia Enell b. Ismael Mike Espinoza FISCAL IMP ACT: None.ACTION: Denied claims and referred to City Attorney and Adjuster.REMOVEDANDHEARD SEP ARATEL Y)2.8 Request Council authorize the award of Bid Number 934- 19, Seven Police Motorcycles,to VIP Motorcycles, Inc. of Buena Park, CA, in the amount of$51,153.oo.FISCAL IMP ACT: There are sufficient funds in the Vehicle Replacement Fund for this CITY COUNCIL MINUTES MARCH 8, 1994 2. CONSENT CALENDAR (Continued) The City Manager responded to Council's concerns that only one bid was received. The proper bidding procedures were followed. However, only one bid was received. The City Manager indicated he will investigate why the other two bidders did not submit bids and return to Council with a report. The Purchasing Officer reported the motorcycles will go to auction instead of a trade- in.Council directed a review of the City's procurement practices and the incentives for City of Orange businesses be agel1dized in the near future. . It was also suggested that the bidding procedures and bidding information be a part of each bid item. The City Manager indicated a bidding recap would be provided to Covncil;MOTION - Murphy SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to continue this item to March 15, 1994 in order to have the City Manager provide a report regarding the non-response from the other bidders. Also, to agendize the procurement practices for future bids.2. 9 Request Council authorize the award of Bid Number 934-14, Ductile Iron Water Mains, to RLT Construction, Inc., Anaheim, CA, in the amount of$98,955.oo and reject all other bids. (A2100.0.Agr.2198) FISCAL IMPACT: There are sufficient funds in 310-6056-474501-1812 for this project.ACTION: Authorized Mayor and City Clerk to execute on behalf ofthe City.2.1 0 Request Council approve authorization for advertising to invite bids for construction of a bus bay at Tustin Street, north of Taft Avenue, east side. (S4000.S. 3.1.5)FISCAL IMP ACT: Sufficient funds have been budgeted in the Tustin Bus Bay fund Account #245- 5031-783300- 3191) for this project.ACTION: Approved.2.11 Request permission to advertise for bids for the street widening and traffic signal modifications and improvements, Bid #934- 17, for Santiago Blvd./Lincoln Ave./SR-55 Fwy. interchange improvements, in the City of Orange. (S40OO.S.7)FISCAL IMPACT: The work contemplated in Bid #934-17 is to be funded as follows:70,000.00 ofTSIP Area B (#284) funds;130,000.00 of Developer (#550) funds; and 55,000.00 from the General Long Term Account Group (#999) funds. Total anticipated costs not to CITY COUNCIL MINUTES MARCH 8, 1994 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.12 Request for additional bus stops in proximity to the intersection of Olive St. and Chapman Ave. (S4OO0.S.3.1.4) FISCAL IMP ACT: The work contemplated for this installation will be provided in the department's normal operating budget, through the #250 Traffic Safety funds. Mary Henderson, 301 S. Glassell St., #224, Orange, spoke in favor of the bus stops and thanked the Council for their support in reinstituting the bus stops in order for the senior citizens to be able to visit the senior center. MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.2. 13' Request Council authorize approval of revised Uniform Bail Schedule. (A2500.0)FISCAL IMPACT: Increase in the percentage of reimbursable revenue to the City of Orange from bail forfeiture and fine collection by the Municipal Court generated by the bail amounts contained in the revised Uniform Bail Schedule.ACTION: Approved.2. 14 Analysis ofFinance Department Other Professional and Consulting budget. (C2500.1.1)FISCAL IMP ACT: None.ACTION: Received and filed.MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2.8 and 2.12 were removed and heard separately; all remaining items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR BEYER TAPE 252 3.1 Status report from Mayor Beyer on El Toro Marine Base reuse.Mayor Beyer indicated a report will be corning in the near future.Page 4 I CITY COUNCIL MINUTES MARCH 8, 1994 3. REPORTS FROM MAYOR BEYER. (Continued) MOTION SECOND AYES Mayor Beyer Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to continue this item to March IS, 1994.3.2 Appointment of Wilbur L Chamben to the Official City Old Towne Steering Committee, term to expire 3/08/96. (OR1800.0.16)MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to ratifY the appointment.3. 3 Appointment of Dorothy Gibson to the City Tnffic Commission, term to expire 3/08/96. (OR1800.0.19) MOTION SECONDAYES Mayor Beyer Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to ratify the appointment.4.REPORTS FROM COUNCILMEMBERS TAPE 297 4.1 Report from Councilman Spurgeon on Resolution No. 94-275 from Laguna Niguel regarding term limits. (C2500.D)Councilman Spurgeon reported in the General Municipal Election of 1992 the citizens of Orange voted by 86 % to approve the ballot measure regarding advisory term limits for the City Council.There have been several bills that have started through the legislature giving a General Law City the authority to set term limits, but have not been completed. The City of Laguna Niguel has transmitted a resolution on this issue and it will be going to the State Legislature and the League of California Cities.MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to direct the City Attorney to prepare a similar resolution for Council's consideratiol\ in the near future. The resolution is to be transmitted to the State Legislature and the League of California Cities. The City Attorney was instructed to track any legislation pending regarding "this issue.I PageS CITY COUNCIL MINUTES MARCH 8, 1994 4. REPORTS FROM COUNCILMEMBERS (Continued) NON-AGENDA ITEM 4.2 BROADCASTING OF COUNCIL MEETINGS ON CABLEVISION Councilman Murphy suggested Council agendize, as soon as possible, the issue of broadcasting .--- the Council meetings on Cablevision to discuss the reasons both pro and con. Staff was directed to present a complete, new report on all the current fiscal impacts and possibilities this will provide. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 529 5.1 Accept with regrets the resignation of Martha McEwan from the Orange Public Library Board of Trustees and instrud the City Oerk to advertise the vacancy punuant to Maddy Act requirements. (C1500.L1) MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept with regrets, Martha McEwan's resignation. The City Clerk was instructed to begin the Maddy Act requirements. Mayor Beyer to send letter of appreciation.5.2 Accept with regrets the resignation of Alice Oark from the Community Development Block Grant Program Committee and instruct the City Clerk to advertise the vacancy punuant to Maddy Act requirements. (0R1800.0.8.3)MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept with regrets, Alice Clark's resignation. The City Clerk was instructed to begin the Maddy Act requirements. Mayor Beyer to send letter of appreciation.6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER NON- AGENDA ITEM 7.1 SPIKING OF RETIREMENT PENSION BY EMPLOYEES TAPE 567 The City Manager indicated there was concern from Council regarding this issue because of recent newspapers articles namintJ certain employees from the City of Orange spiking in terms of their t'etirement. PERS was COlltacted on thisissue and no response has been received.The City Manager gave a brief history of the PERS pension program.Page 6 I CITY COUNCIL MINUTES MARCH 8, 1994 7. REPORTS FROM CITY MANAGER (Continued) New rules will go into effect June 30, 1994, however, reports are coming from PERS that the City has not received, that discuss a liability for spiking. It suggested five employees have received such benefits. The five have not been identified nor has the DUmber been confirmed. The City Manager confirmed the City does not have any practices that go contrary to PERS rules nor are there any employees now or in the future that will have any semblance of spiking. If it was done it was done pursuant to contracts and with the blesaing ofPERS. Staff will attempt to get a better handle on the precisc numben, who has it affectecl and who it will affect. This report will be more definitive as it relates to the spiking issue and will contain numbers. Other cities were contacted and they have found it disheartening that PERS is not informing them. The City is convinced they have done things in the right way. Councilwoman Coontz gave the following statement on behalf of the Council: "We have consistently over a period of time asked our Personnel Administrator if these matters were being handled according to PERS rules and were told, yes they are. This was reiterated every time by the Council. On top of that, I asked Mr. Placial today whether the routes we were t~g were agreed to and verified by written correspondence in communication with PERS in the past and he said yes. So we have written documentation." Carole Walters, 534 N. Shaffer, commented employees spiking their retirement is costing the taxpayers money. Mrs. Walters asked what would happen to Mr. Thompson, former City Manager, if an error had occurred involving his retirement? The City Manager explained PERS makes an audit of every elected official and every executive that retires. If an error is found, PERS either modifies or adjusts retirement compensation. The intent is not to have anyone receive a windfall, which is why eVeryone is so cOncerned about this issue. NON-AGENDA ITEM TAPE 890 COSTS AND BENEFITS OF THE CITY BELONGING TO LEAGUE OF CALIFORNIA CITIES Councilman Spurgeon suggested the following issue be agendized in the near future: The costs and benefits of belonging to the Orange County and State League of Cities, especially after the reappointment of Mr. Wedaa to the Air Quality Management District. The City of Garden Grove has already pulled out of the league.Council discussed SCAG's role in the community and their disruptive tactics when dealing with local governments.The Finance Director was directed to provide a report outlining the costs involved.Page 7 CITY COUNCIL MINUTES MARCH 8, 1994 8.LEGAL AFFAIRS TAPE 1102 8.1 RESOLUTION NO. 8316 A Resolution of the City Council of the City of Orange supporting the Orange County Regional Advisory and Planning Council recommendations on SCAG's Draft Regional Comprehensive Plan. (ORI8oo.0.5.2)r-. The Administrator of Current Planning indicated staff recommended approval of this resolution as support for criticism by the Regional Advisory and Planning Council of the proposed regional comprehensive plan proposed by SCAG. MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8316 as introduced be adopted and same was passed and adopted by the preceding vote. The City Manager was directed to track this resolution returning to Council with a status report. 8.2 RESOLUTION NO. 8317 A Resolution of the City Council of the City of Orange overruling the recommendation of the Zoning Administrator of the City of Orange and granting a Conditional Use Permit to allow sale of beer and wine within the sales area of an existing automobile service station upon property situated at the southeast corner of Tustin Street and Heim Avenue. (C3300.0)Conditional Use Permit 2028-93 Applicant: Tait & Associates MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSTAINED - Mayor Beyer That Resolution No. 8317 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 ORDINANCE NO. 5-94 r-.An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter 10.14 of the Orange Municipal Code pertaining to speed limits. (A2500.0)MOTION SECOND AYES Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 8 I CITY COUNCIL MINUTES MARCH 8, 1994 8. LEGAL AFFAms (Continued) That Ordinance No. 5-94 have first reading waived and same was set for second reading by the preceding vote.8.4 ORDINANCE NO. 6-94 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 on the north side of Lincoln Avenue (1001 East Lincoln Avenue). ( ZI5oo.0)Pre- Zone Change 1168-93 Applicant: North Orange Christian Church MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 6-94 have first reading waived and same was set for second reading by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Mary Henderson, 301 S. GlasseIl St. #224, thanked Council for the installation of storm drain located on GlasseII and Palmyra and GlasseIl and Culver which worked so well during the recent rain storms.Alice Clark, 205 N. Pine St., read a position statement from the Orange Taxpayers Association,opposed to any future appointment of any person to the Orange City Council should a vacancy arise. Any person serving in the capacity of council person should go through the election process even if a special election is required so the public may know everything possible about the person's qualifications, beliefs and ability to serve the people. (ORI8oo. 0.24.1)Bob Bennyhoff, 10642 Morada Dr., inquired if the items discussed in Closed Session could be placed on the agenda instead of being announced at the Council meeting.The City Attorney advised the law requires that items be either on the Agenda or be orally announced prior to going to Closed Session. However, these items, when possible, will be placed on the Agenda.Pat Buttress, 531 E. Chapman Avenue, thanked Council for staft's promptness in picking up old furniture that was dumped on her neighbor's parkway on Concord Street this past week.Councilman Spurgeon announced he would not be present for the 7:00 P.M. Session due to a conflict of interest. CITY COUNCIL MINUTES MARCH 8, 1994 11. RECESS The City Council recessed at 4:00 P.M. to a Closed Session for the following purposes: a. To confer with its attorney regarding pending litigation pursuant to Governrnent Code Section 54956.9(a), to wit: r-- City of Orange vs. Moreland & Associates, Orange County Superior Court Case No. 70- 13-96.Item b was deleted.c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.Item d was deleted.e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.Item fwas deleted.g. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess, unless the motion to recess indicates any of the matters will not be considered in Closed Session.7:00 P. M. SESSION 12. INVOCATION Reverend Eric Kaelberer, Immanuel Lutheran Church 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12. 5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 1767 13.1 ORDINANCE AMENDMENT 5-93, CITY OF ORANGE: (A2500.0)The public hearing on petition by the City of Orange to consider amending the City's R-2 zoning classification to add a provision which requires issuance of a conditional use permit whenever a property owner proposes more than two dwelling units on a parcel has been continued from January 25, 1994 to this time. This ordinance amendment would directly affect all properties Page 10 I CITY COUNCIL MINUTES MARCH 8, 1994 13. PUBLIC HEARINGS (Continued) zoned R-2 (Residential Duplex) District and having a lot area in excess of9,OOO square feet throughout the City.NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305.MAYOR BEYER REOPENED THE PUBLIC HEARING.The Director of Community Development reported on February 9, 1994 a meeting was held with all property owners on the Culver Avenue block to look at alternatives and an attempt to find a mutually agreed solution. A flip chart sheet, pinned to the wall, used at the meeting listed the following alternatives: 1) Using the normal standards in the R-2 Zone to address the issues of concern. 2) Develop a Specific Plan for the area. 3) Initiating a conditional use permit requirement for lot consolidations. 4) Conditional use permits for two story development. 5)An alternative to wait for development standards which are included in the Comprehensive Zoning Code Update which is in progress, 6) To haw an interim conditional use permit for the area that would be used until those new development standards or something else was made available to address the issue.The neighborhood meeting resulted in agreement with signatures on the flip chart sheet. The alternative of the interim conditional use permit was the one which was found to be acceptable.The Director of Community Development outlined the evolution of the solutions in a memo presented to Council. The solution agreed upon at the neighborhood meeting would have allowed for an interim ordinance requiring a CUP for the development of more than two units until the new standards are adopted. Since the meeting, there has been concern regarding the length of time that it may take to adopt that comprehensive zoning code update. The question was raised if there should be some cap on the amount of time the interim ordinance would be in effect.A meeting was held with a few property ownerson Culv<< St. yesterday and resulted in the following agreed upon solution: The interim ordinance requiring CUP for development of more than two units using the basic CUP criteria as in State aad local law. CUP requirement to terminate with adoption of new standards for automatic sunset in one year with no required return to the Council. This was agreed to by the participants of the meeting.The following expands upon that solution to meet additional concerns: Interim ordinance requiring CUP for development of more than two units using basic CUP criteria as in State and local law. CUP requirement to end, 1) with adoption of new standards, 2) with adoption ofotlier Council approved resolution of the issue. Council resolution shall occur within one year.The following people spoke:Shannon Tucker, 556 E. Culver, commented she participated in the meeting yesterday. Mrs.Tucker supported a time period with reservations and would like to see proof of some type of resolution, to know what will happen at the end of one year. Page CITY COUNCIL MINUTES MARCH 8, 1994 13. PUBLIC HEARINGS (Continued) Ralph Zehner, 630 E. Culver, remarked that all nineteen neighbors agree that they could live with a CUP with a one year sunset because this issue needs closure. It would not be necessary to wait for tile adoption of the zoning standards. Frank Tucker, 556 E. Culver, strongly urged the Council to approve the flip chart agreement signed by those in the meeting yesterday. It was suggested in the interim, Council institute a building moratorium until the issue returns to Council. Patricia Ricc~ 618 E. Culver, supported the neighbors decision.Pete Ricci, 618 E. Culver, read a letter from new resident, Robert Johnson, 546 E. Culver urging Council to support the neighbors approach. Mr. Ricci also agreed.Ann Seibert, 340 S. Olive, commented in favor of the ordinance going into effect immediately. A resolution to this issue needs to be taken now.Eleen Hertfelder, 720 E. Culver, commented moratoriums are hard to work with. There should be a limit on how long something is being held up.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. Council discussion: A moratorium would cause more frustration and there needs to be closure on this issue. It is important that the interests of both parties are involved from the standpoint of looking to the new standards to basically find a decision and that there is a time period on it to ensure that everyone knows when the end of this issue will occur. Make sure the language is clear On the range of options including no additional protection other than what is within the existing process.The Director of Community Development commented the solution that the residents are aiming towards is having the Development Standards and the Old Towne Standards which are included in the proposed Comprehensive Zoaing Code Update provide the protection that is needed for this street as well as many other areas.MOTION SECOND AYES ABSENT Coontz Barrera Barrera, Mayor Beyer, Coontz, Murphy Spurgeon Moved that this item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305.Council discussed various alternative wordings of the motion prior to voting.Page 12 I CITY COUNCIL MINUTES MARCH 8, 1994 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES NOES ABSENT Coontz Barrera Barrera, Mayor Beyer, Coontz Murphy Spurgeon Moved to continue the interim ordinance requiring the CUP for development of more than two units using the basic CUP criteria as in State and local law. Should the adoption of the new Comprehensive City Zoning Standards, with protective measures to cover the Culver Street properties, not be adopted and in resolution at the end of a one year period, then staff should present to the Council focused alternative developmental standards to address the same concerns for the protection of the Culver Street properties.MINUTE ORDER - COUCILMAN MURPHY: "I would clarifY my votehere this evening. It is not an indication ofa lack of belief in the process but I do have some problems with some of the wording and I hope we can resolve that in time for the adoption of the resolution concerning some of the terms. The spirit of it, the desire of it, from the standpoint of the protection in the interim phase, and what was worked out by the neighborhood is fine, but some of the wording I just wasn't comfortable with so I couldn't support it onthis particular go around. "Moved to approve Ordinance Amendment 5-93 as outlined in Planning Commission Resolution No. PC-60- 93.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None Page 13 I CITY COUNCIL MINUTES MARCH 8, 1994 16. ADJOURNMENT MOTION SECOND AYES ABSENT Barrera Mayor Beyer Barrera, Mayor Beyer, Coontz, Murphy Spurgeon The City Council adjourned at 7:55 P.M to an Adjourned Regular Meeting, March 14, 1994 at 3 :00 P.M. in the Weimer Room regarding Community Development Block Grant Funding Priorities.Q~MARIL . mNSE1( CMC CITY CLERK GENE BEYER GENE BEYER MAYOR B&(~& A/A/- ~ BARRERA MAYOR PRO TEMPage 14 I