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08-23-1994 Council MinutesAPPROVED BY THE COUNCIL ON CITY COUNCIL MINUTES OF A REGULAR MEETING SEPTEMBER 13 1994 ORANGE, CALIFORNIA AUGUST 23, 1994 The City Council of the City of Orange, California convened on August 23, 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: Mayor Beyer was absent from the 7:00 p.m. Session.1.3 APPROVAL OF MINUTES Regular Meeting August 9, 1994.MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 44 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of August 23, 1994, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.PAGE 1 CITY COUNCIL MINUTES AUGUST 23, 1994 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARATEL Y) 2.3 Request City Council approve County of Orange Agreement No. D94-049, Urban Parks Program Funding Assistance Agreement (Grant), and approve receipt of Grant into Account No. 220-5022-264600 and further appropriate funds in the amount of $ 5,000.00 into Account No. 220-5022-427100 Contractual Services. (AZI00.0.Agr.2277)FISCAL IMP ACT: No impact on existing budget since all funds expended will be within the Grant amount.Councilmembers expressed concern regarding tree replacement and cleanup along the City's arterial streets. The City Manager indicated staff would be directed to replace the undersized trees, reporting to Council where those trees were placed.MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Authorized Mayor and City Clerk to execute Agreement on behalf of City.REMOVED AND HEARD SEP ARATELY)2.4 Request City Council approve authorization for advertising to invite bids for D-1l6 Santiago Creek Improvements from Glassell Street to 800' north of Chapman Avenue. C2500.M.17)FISCAL IMPACT: Funds budgeted as follows: $175, 000 from 550-5011-483400-5383-00301 (FEMA); $54,387 from fund 550-5011-483400-5383-00302 ( State Office of Emergency Services); $55,000 from 500-5011-483400-5383 (City). The Director of Public Works reported on the installation of an Improved Energy Dissipater for the creek. There are two sections of the creek that will be cut through where there is a low flow channel and where the creek has been undermined. The flow line will be removed and replaced. In the stretch between River and Shaffer Streets, a portion of the asphalt will be removed and replaced with concrete. The creek will be regraded towards the east. There is a water main at Tustin Street that needs protection with an outlet towards the low flow channel. From Chapman Avenue along the area that abuts the Y orba Park Medical Center, the low flow channel needs improvement.MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.2.5 Request City Council approve Tract Map No. 14847 and accept dedication of easements, CITY COUNCIL MINUTES AUGUST 23, 1994 2. CONSENT CALENDAR (Continued) Location: West side of Prospect Street at Bond Avenue Developer: Beazer Homes California, Inc. FISCAL IMPACT: None. ACTION: Approved. 2.6 Request City Council approve an agreement with Gary and Cheryl Turner, to connect 20412 Amapola Avenue to City-owned sewer. (AZI00.0.Agr. 2278)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute Agreement on behalf of City.2.7 CLAIMS FOR DAMAGES FROM: (C3200. 0)a. Paul Hayes b. Eunice Min c. Dinh Ton That d. Susan Mendez e. Viquar Ahmed FISCAL IMPACT: None.ACTION: Denied claims and referred to City Attorney and Adjuster.2.8 Request City Council approve an encroachment agreement with Linkatel Pacific L.P., to allow them to obtain permits to install facilities in City of Orange right-of- way for the transmission of communications signals. (AZI00. 0.Agr.2279) FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of City.REMOVED AND HEARD SEPARATELY)2.9 Authorize the City Manager to advertise and proceed for a Request for Proposal to replace the Prime and Everexcomputer systems. ( C2500.1.2) FISCAL IMPACT: None.The Assistant City Manager reported the eight year life of the Prime has ended. A committee of department heads and computer staff have reviewed the City' s needs. The RFP is scheduled to be issued on or before September 1, 1994 with a pre-bid conference on September 15, 1994. Proposals would be received around CITY COUNCIL MINUTES AUGUST 23,1994 2. CONSENT CALENDAR (Continued) November, Staffwill recommend a vendor to Council and begin negotiations with a vendor for a new computer system. Staff's approach will be to ask the vendors to provide their own solutions to the problems that the City has experienced. This also applies to the financing. It was suggested by Councilman Murphy that staff obtain tracking data on down time and potential loss of data, with consideration of the life cycle costs of operating the system. MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.10 Request from Acting Finance Director for authorization to cease collection efforts for Uncollectible Receivables and approve write-off of certain Accounts Receivables.C2500.J. l)FISCAL IMP ACT: Funds are budgeted each year for ~he write-off of uncollectible utility receivables. Councilmembers discussed the issue and Councilman Spurgeon suggested a list of names be provided to Council as well as the press.The City Manager commented the list is available for Council's review and copies are available at the City Clerk's Office for the press.The Acting Director of Finance was asked by Council what type of improvements were going to be made regarding the new process at Northnet Communications that would assure the City of receiving any substantial amount in return. It was explained that when the Northnet Computer gets on line it will be able to generate the invoice immediately after the information is received by the Fire Department, which considerably speeds up the process. The Finance Department is considering the possibility of contracting out for paramedic billing including billing the insurance companies direct.Mayor pro tem Barrera asked the City Manager to research the legality.MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.Page 4 CITY COUNCIL MINUTES AUGUST 23, 1994 2. CONSENT CALENDAR (Continued) 2.11 Request Council approve agreement for sale and purchase of Allen-McColloch Pipeline and agreement for allocation of proceeds of sale of Allen- McColloch Pipeline.AZI00.0.Agr. 2280, 2281)FISCAL IMP ACT: Proceeds represent additional revenues for the Water Fund.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.12 Request Council accept $2,394.38 from the Santiago Library System to help the Orange Public Library meet the requirements of the Americans with Disabilities Act. ( C2500.I)FISCAL IMP ACT: Because the Santiago Library System gave the funds to the Orange Public Library to make these purchases possible, there will be no City funds expended.Revenue Account No. 200-2011-264950, Other Grants and Expenditure Account No.200-2011-449100 have been established to process these funds.ACTION: Approved.2.13 Request Council approve agreement between Elizabeth J. Ferguson and City of Orange for Securities Consulting and Expert Witness Services. (AZI00.0.Agr.2282)FISCAL IMPACT: Sufficient funds exist in Account No. 100-0301-426100 (Legal Services).ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.14 Request Council authorize the receipt of $91,937.00 in California Literacy Campaign Grant Funds from the California State Library for the purpose of continuing Partners in Reading, the Orange Public Library Literacy Program, andto allocate the funds to Activity 2015. (C2500.I)FISCAL IMPACT: This grant award will augment the Library Department' s fiscal year 1994/95 budget.ACTION: Approved.2.15 Request Council approve the Orange Redevelopment Agency logo and slogan submitted by Braun Ketchum Public Relations in accordance with Consultant Services Agreement approved by the Agency Board on 1/ 18/94. ( R3500.0)FISCAL IMP ACT: None.ACTION: Approved.2.16 Request an appropriation of $90,000 for the construction of a traffic signal and safety highway lighting at theintersection ofFairhaven Ave. and CITY COUNCIL MINUTES AUGUST 23,1994 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: None. GMA funded. ACTION: Approved. REMOVED AND HEARD SEP ARATELY) 2.17 Request Council approve acceptance of a donation of $677.12 from Bergen Brunswig Corporation to be used to purchase an industrial light meter for crime scene investigation. C2500.K) FISCAL IMP ACT: Donation to be appropriated to Account No. 100- 4031-446300.Police Captain Hernandez explained this donation is reference to the Lenora Long homicide investigation which occurred some time ago at the City Shopping Center.Bergen Brunswick became aware of the City's need to recreate the lighting conditions where the crime took place and has presented the City with the subject donation.MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved. Mayor Beyer will send a letter of appreciation to Bergen Brunswick thanking them on behalf of the entire City and City Council.2. 18 Request to refer CUP 2071-94 (Texaco) back to the Zoning Administrator for further consideration and recommendation. (C3300.0) FISCAL IMP ACT: None. ACTION: Approved. MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2.3, 2.4, 1.9,2.10 and 2.17 were removed and heard separately; all items on the Consent Calendar were approved/denied as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None Page 6 CITY COUNCIL MINUTES AUGUST 23, 1994 4. REPORTS FROM COUNCILMEMBERS Councilwoman Coontz announced this is the last Council meeting that will be televised by Cablevision of Orange. Positive comments have been received on the cable production and the fact Council is communicating to a larger audience. It was suggested the programming be assessed as wen as how the Council relates to the audience. The City Manager commented there is a need to look at how Council and staff come across on television, and the meeting procedures. Within a short period of time a workshop will be scheduled to discuss these procedures, how information is conveyed, and how to more clearly define the agenda items in order that the public understands the items. Councilwoman Coontz suggested running a description of the issue underneath the picture similar to C- Span.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Mayor Beyer announced he would have a recommendation to Council to fill the vacancy on the Library Board at the next Council meeting.6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER 7.1 Report from City Manager regarding Library Ad Hoc Committee. TAPE 687 ORI800.1.6) The City Manager reported a great deal of time win be taken within the next few months to define the way the City operates, the services which are being provided and those that are not being provided, and come to a balance between that which is a need and a want. As part of this, discussion has ensued relative to the formation of ad hoc committees. This is one of the techniques that is used to begin a restructure that allows an outside group to review the services provided. From time to time the City Manager will bring to Council the idea to form ad hoc committees to assist in the administration and to refine and improve the levels of services delivered to the public. The suggestion for an Ad Hoc Library committee came from Councilwoman Coontz and Councilman Murphy and has been discussed with the City Attorney. The City Attorney made it clear the committee is to be City Manager formed as opposed to one that would be established byCouncilbecauseoftheBrownAct. It was recommended the City Manager form an Ad Hoc Library Committee, made up offive members from the community that are interested in the Library, a department head and the City Manager. It was further suggested that Council provide the City Manager with two or three names to choose from. The committee will identifY and review goals and objectives for the Library and try to redefine and improve the day to day operations. The life span of this committee will not be more than three months. Page 7 CITY COUNCIL MINUTES AUGUST 23,1994 7. REPORTS FROM CITY MANAGER (Continued) Bob Bennyhoff, 10642 Morada Dr., asked if the ad hoc committee would meet behind closed doors. Mr. Bennyhoff commented the use of the ad hoc committee is being increasingly used to circumvent the Brown Act. Mr. Bennyhoff asked what the Brown Act said about the public attending the ad hoc committees. Mr. Bennyhoff commented he would oppose any committee meeting behind closed doors. The City Attorney opined the City Manager may form committees and groups to assist in making recommendations to him. This is in full compliance of the Brown Act. The meetings would not have to be agendized or any notices posted for this type of committee. Regarding the public attending the ad hoc meetings, the City Attorney will research this issue and report back to Council. Carol Walters, 534 N. Shaffer, asked if the committee would discuss raising money for the Library. Ms. Walters has attended the Library Board of Directors' meetings and they are discussing assessments to go on property taxes or utility taxes. Ms. Walters did not want the ad hoc committee discussing taxing property owners. The City Manager indicated if discussion of new facilities were to happen, reports will be presented to Council for consideration. There are no plans to discuss an increase in fees. The intent is to have the ad hoc committee meetings open, and it doesn't matter who attends because nothing will be done secretly. Mr. Bennyhoff accepted to this explanation. MOTION SECOND AYES Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the City Manager's recommendations for the Ad Hoc Library Committee.8.LEGAL AFFAIRS TAPE 1269 8.1 RESOLUTION NO. 8355 A Resolution of the City Council of the City of Orange approving the inclusion of the City into a Countywide Recycling Market Development Zone Program. (C2500 .M.l.1)MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8355 as introduced be adopted and same was passed and adopted by the preceding vote.Page 8 CITY COUNCIL MINUTES AUGUST 23,1994 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO. 8380 A Resolution of the City Council of the City of Orange giving notice of the intent to vacate and abandon a portion of the Santiago Canyon Road easement at 8001 E. Santiago Road. S4000.S.4) MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8380 as introduced be adopted and same was passed and adopted by the preceding vote.8. 3 ORDINANCE NO. 17-94 An ordinance of the City Council of the City of Orange amending Section 5.63.100 of Chapter 5.63 of Title 5 of the Orange Municipal Code pertaining to street banners. (A2500.0)MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 17- 94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.4 ORDINANCE NO. 18-94 An ordinance of the City Council of the City of Orange amending Section 2.04.020 of Chapter 2.04 of Title 2 of the Orange Municipal Code pertaining to City Council Regular Meeting dates and times. ( A2500.0)Councilman Murphy read Section 2.04.020: "The regular meetings of the City Council shall be held on the second and fourth Tuesday of each month and shall convene at the hour of 4:30 p.m.and continue until no later than 10:00 p.m; provided, however, that the City Council may extend such hour of adjournment by a majority vote. In the event any such Tuesday is a legal holiday,the City Council meeting shall convene on the next day at the hour of 4:30 p.m."Note: This will become effective on October 1, 1994.)Page 9 CITY COUNCIL MINUTES AUGUST 23, 1994 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 18-94 have second reading waived and 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, complained that Jacks Broaster, 3702 E. Chapman, has had a model of a chicken as their logo on their roof for the past 25 years and now the City's Code Enforcement Division wants it removed. Ms. Walters felt the small business owner should be able to keep the landmark chicken, and it should be grandfathered in. Ms. Walters submitted a petition with 800 signatures gathered by the business owner in support of keeping the chicken on their roof. Corinne Schreck, 446 N. James, commented small businesses need everyone's support since they are the backbone of America.Mayor Beyer instructed the City Manager to investigate the situation.Mayor pro tem Barrera requested the statistics on how many businesses are closing and new businesses began. The City Manager reported the list is available through Business License.Carole Walters, referred to a newspaper article regarding the Mayor's race and commented in the last two elections someone was able to use the Mayor pro tem designation on the ballot. Ms.Walters did not want any problems from the election to cost the taxpayer's money.11. RECESS MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 4:00 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685.National Advertising vs. City of Orange, United States District Court Case No. CV 85-4968 TJH(Kx).Page 10 CITY COUNCIL MINUTES AUGUST 23, 1994 11. RECESS (Continued) City of Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 97 18. City of Orange vs. United Pacific Insurance Company, et aI., Orange County Superior Court Case No. 72 42 36. City of Orange vs. Lumbermen's Mutual Casualty Company, et aI., Orange County Superior Court Case No. 71 82 62. City of Orange vs. Ronlov, et al., United States District Court Case No. CV-92- 7627 RJK.b. Conference with Legal Counsel - anticipated litigation.NOTE: The City Attorney deleted two potential cases to one for the following: Initiation of litigation pursuant to Government Code Section 54956.9(c) (one potential cases).NOTE: The following item was deleted from Closed Session: Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case).c. 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 Bobbie Druilhet, Orange Sister Cities Association, Inc.12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS Mayor pro tem Barrera announced this was Director of Public Work's Frank Page last Council meeting due to his announced retirement from the City.Councilman Spurgeon announced that Ann Peterson, reporter for the Orange County Register, is leaving to pursue other endeavors.12.3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12. 5 PRESENTATIONS Presentation from Les Baker, City Manager, Timaru, New Zealand (Orange's Sister City).Mayor pro tem Barrera presented Mr. Baker and his wife Beryl with a Certificate of Appreciation behalf on the City of Orange.Page 11 CITY COUNCIL MINUTES AUGUST 23, 1994 12. PRESENTATIONS (Continued) Jack Farraro, representing Orange Sister City Association, presented the Mayor pro tern and Councilmembers an award from the Sister City International, the Readers Digest Association Award, for the City's contribution in furthering world peace and understanding through its community affiliation with Novo Kosino, Russia. 13.PUBLIC HEARINGS TAPE 2302 13.1 CABLE TELEVISION BASE RATES AND CHARGES FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT, CITY OF ORANGE: Time set for a public hearing to consider the rates and/or charges which exist and are proposed to be implemented by Cablevision of Orange for cable television Basic Service Tier and associated equipment. (FI100.0) MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING. The Assistant City Manager reported two years ago Congress adopted the Cable Act of 1992 which changed how cable TV rates are to be set in the future. Up until 1984 local governments regulated their own cable rates in their community. Due to industry pressures, Congress deregulated the cable television industry when it adopted the Cable Act of 1984. Under the new act the Federal Communications Commission has established a set of complex rules for cable companies and local communities to determine the maximum cable rates that can be charged by the cable operator. This public hearing is the last step to determine the rates for Cablevision of Orange for the period of September 1, 1993 through July 14, 1994. A separate set of rules apply for the rates starting on July 15, 1994, and the cable rates from that date will be determined at a public hearing scheduled for September 27, 1994. Resolution No. 8379, if adopted, will direct the cable company to make a rate rebate to the customers from September, 1993 to July, 1994. This rebate will be subject to any appeal made by Cablevision of Orange within the next 30 days to the FCC. Any review of the appeal could sustain, modifY, or nullifY the rate rebate. Emily Bruebaker, Manager of Government Affairs with Communications Support Group of Santa Ana, California, consultant hired by the City to review the rates submitted by Cablevision of Orange, reported the review of the rate justification form submitted by Cablevision of Orange began in April, 1994. It was found there were some errors relating to the 1992 rates. Cablevision resubmitted a form on May 16, 1994 which is the form this review is based upon. The review ended up with two factors that, when included in the calculations of the rate, result in a reduction of rates calculated from $11.20, which is currently being charged for the tier, to $10.82. These two factors are mutually related into the manner in which Cablevision counts and classifies channels. The first area is the treatment of a la carte channels. The FCC allowes non- regulated treatment of a la carte channels. Cablevision currently offers .two channels, TBS and WGN in a super choice tier for the rate of$1.10, or purchased for $.80 each. It is the belief that this is not a Page CITY COUNCIL MINUTES AUGUST 23,1994 13. PUBLIC HEARINGS (Continued) true offering of an a la carte tier and should be treated as a regulated channel. They would be added back into the channel count, reducing the rate. The second area of concern was the manner in which satellite channels were characterized. Cablevision, in its calculations, included two of the city's access channels, because they carry programming from satellite operators. However, the FCC rules are clear that a channel can only be classified as a satellite channel when a majority of the programming on that channel is from tl1e satellite delivered service. There are three access channels in Orange, one of them classified as a satellite and the other two have been de- classified and excluded from the calculations. These two factors combined lead to the $.38 difference on the basic service tier.Christy Casasante, General Manager of Cable vision of Orange, 154 N. Glassell, commented through this rate process many calculations have been used. There is an honest difference of opinion on the rules and the issue is not with the satellite but with the a la cart. Based on what Council adopts, Cablevision mayor may not appeal to the FCC. There is a 30 day appeal period.The following people spoke on the issue:Gene Somers, 1539 E. Candlewood Avenue, discussed the variations of rates through the years.Paul Matea, 343 Harwood, complained about extra charges. Cablevision was contacted and the problems have been resolved.RESOLUTION NO. 8379 A Resolution of the City Council of the City of Orange ordering refunds and setting rates for basic cable television service in accordance with Federal Communications Commission Form 393. MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8379 as introduced be adopted and same was passed and adopted by the preceding vote. MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to continue the hearing to September 27, 1994 to review Cablevision of Orange's FCC Form 1200 setting basic service and tier rates beginning July 15, 1994.Councilwoman Coontz seconded the motion with the comment that hopefully the press will indicate that this refund may be a long time in coming or perhaps not at all.Page 13 CITY COUNCIL MINUTES AUGUST 23, 1994 13. PUBLIC HEARINGS (Continued) 13.2 AFFORDABLE HOUSING PLAN, CITY OF ORANGE:TAPE 3467 Time set for a public hearing on petition by the City of Orange to consider the Affordable Housing Plan, a voluntary incentive-based plan that encourages and promotes, rather than mandates, affordable housing in Orange. The Plan is proposed for adoption by policy to supplement the Orange General Plan Housing Element. (C2300. E)NOTE: This project is categorically exempt from the California Environmental Quality Act CEQA) per CEQA guidelines, Section 15305.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The Administrator of Current Planning reported the plan represents a follow through of the City' s commitment made in the Housing Element. It gives the City a more comprehensive approach to provide affordable housing by pulling together a number of planning tools, such as the density bonus ordinance, the senior housing ordinance and others. It helps satisfY the State mandate regarding the use of housing set aside funds and enhances the economic development efforts by creating and maintaining an adequate supply of affordable units.The public review included two meetings with 16 members of the non-profit building and financial professional community, a jointPlanning Commission/City Council workshop was held on May 31, 1994 and recently, the Planning Commission public hearing on July 18, 1994.The Associate Planner outlined the following recommended changes to the plan discussed at the workshop and Planning Commission hearings:Page 4 and 5, added .e, The City may consider proposals to convert mobile home parks from rental to ownership by the residents as a means of increasing affordable housing.Added.f, "To recognize that manufactured housing can be used for affordable housing also."Page 9, Section f - added, a property maintenance requirement to ensure that the continued maintenance of the affordable units would occur. There is also a clause which causes the Developer to establish a maintenance program which outlines how they will comply with residential standards. Further, to allow preference to be given to Orange residents and employees when vacancies occur. The Planning Commission recommended staff monitor the occupancy levels to make sure how many people are living in the units.Page 9, Section g - added a monitoring requirement. The Planning Commission expressed concern that if there are more and more affordable units developed in the City, staff costs would rise in response to monitoring the units. Options need to be considered to cover staff costs. The Senior Planner was asked by Council if it was possible for mobilehome renters to own their own space. It was eXplained there is an existing program that is available. Page 14 CITY COUNCIL MINUTES AUGUST 23,1994 13. PUBLIC HEARINGS (Continued) Carole Walters, 534 N. Shaffer, asked what had happened to the plans that were being discussed a few years ago regarding the mobilehome park near the Orange Drive- In.The City Manager remarked there is a group that is anxious to continue that process. However a piece of ground needs to be found, it needs to be affordable and there needs to be a consensus on how that will be purchased. The conversion oftl1e existing park to ownership by the tenants has not been followed through because there is no willing seller to match the buyers.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING.Council discussion ensued relative to management of affordable housing being the key for the future and how the City monitors the program. One of the greatest difficulties is where there are absentee landlords and no pride in ownership. MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved that this project is categorically exempt from the California Environmental Quality Act CEQA) per CEQA Guidelines, Section 15305.RESOLUTION NO. 8375 A Resolution of the City Council of the City of Orange approving an Affordable Housing Plan as a supplement to the Orange General Plan Housing Element.MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8375 as introduced be adopted and same was passed and adopted by the preceding vote.ORDINANCE NO. 19-94 An Ordinance of the City Council of the City of Orange adding sections to various chapters of Title 17 of the Orange Municipal Code pertaining to affordable housing.Page 15 CITY COUNCIL MINUTES AUGUST 23,1994 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 19-94 have first reading waived and same was set for second reading by the preceding vote. 14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION SECOND AYES ABSENT Murphy Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer The City Council adjourned at 8:20 p.m.CITY CLERK Gene Beyer GENE BEYER MAYOR BY~~DL. BARRERA MAYOR PRO TEM Page 16