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03-16-1993 Council MinutesAPPROVED BY THE CITY COUNCIL ON CITY COUNCIL MINUTES OF A REGULAR MEETING APRIL 13, 1993 ORANGE, CALIFORNIA March 16, 1993 The City Council of the City of Orange, California convened on March 16, 1993 at 3:00P.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, Mayor Beyer, Barrera, Coontz ABSENT - None 1.3 APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS _ None 1.5 PROCLAMA TIONS - None 2.CONSENT CALENDAR TAPE 53 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of March 16, 1993, at Orange Civic Center, Main Library, Police facility at 1107 North BataviaandtheEisenhowerParkBulletinBoard; all of said locations being in the City ofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregularmeeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2,2 Recommend that the City Council authorize approval of payments by the Orange Redevelopment Agency to programparticipantsunderPhaseIoftheSeismicEngineeringReportPurchaseProgram. (C2500.GA)FISCAL IMPACT: Funds in the amount of$73,513.00 to cover payments to approved participants are budgeted inAccount928-9815-465802-9153 (Rehabilitation Grants _Seismic Loan Program).ACTION: Approved PAGE 1 CITY COUNCIL MINUTES March 16, 1993 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.3 Approve the appropriation of $4,000.00 received from the County of Orange through Supervisor Vasquez's office to purchase bicycles for the CO.P.P.s. program and place it into account #250-4041-441600. ( C2500.K)Councilmembers officially thanked Supervisor Vasquez for securing the bicycles. Police Captain Hernandez was instructed to prepare a letter of appreciation to Supervisor Vasquez, for the Mayor' s signature.FISCAL IMPACT: None.MOTION - Spurgeon SECOND - Mayor Beyer A YES - Spurgeon, Mayor Beyer, Barrera, Coontz ACTION: Approved.MOTION - Mayor Beyer SECOND - Barrera AYES - Spurgeon, Mayor Beyer, Barrera, Coontz Item 2.3 was removed andheard separately; all other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER TAPE 169 (OR1800.0. 22.5)3.1 Appointment of members to the Disabilities Ad Hoc Task Force as follows:Ramona Elsenpeter Jeannie Smart Brent Hunter StevenPham John French Lucia Van Ruiten MOTION - Mayor Beyer SECOND - Spurgeon AYES - Spurgeon, Mayor Beyer, Barrera, Coontz Moved to approve the appointments, terms to expire March 16, 1994.PAGE 2 CITY COUNCIL MINUTES March 16, 1993 3. REPORTS FROM MAYOR BEYER (Continued) TAPE 216 (C2500.D) 3.2 Report from Mayor Beyer on appointment vs, election to vacant Council seat. Mayor Beyer opened the item for discussion, Councilwoman Coontz read the following statement: "I am sure my fellow Councilmembers are aware that as a matter of principle and not as a personal issue, 1 oppose this appointment, and, have opposed other appointments in the past. 1 have a special understanding for the people in our community who have expressed their concernforwhatsomehavecalled "an insiders game." No one has been directly elected to fill a vacancy on the Orange City Council since 1 waselectedfromafieldofelevenin1986, seven years ago, Furthermore, in the last five years,with this vacancy, we will have three vacancies for a majority of the Council all filled byappointment. This is indeed a disappointment to many qualified individuals who would be ready and willing to run for office if they had the chance. As for the cost to the City, estimated at $30,000.00, as a Council we have authorized likemoniesonprograms, activities, and events, singularly and cumulatively, that are not as important as preserving the right to vote, " Mayor Beyer announced letters were received from Kay Massa, Naomi Mason (not on fileintheCityClerk's Office) and Omi Johnson in support of elections, Dan Slater called andinformedMayorBeyerhewasinfavorofappointment. The following people spoke in favor of appointment: Carol Walters, 534 N. Shaffer, President of the Orange Political Action CommitteeAliceClark, 205 N. Pine St. Bob Bennyhoff, 10642 Morada Dr. Speaking in favor of holding an election: Nancy Thompson, 729 E. Del Mar Avenue, submitted a petition with approximately 32 signatures Mayor Beyer read the following names of the people who had expressed interest in theCouncilappointment: Pat Buttress, Tom Debin, Ron Johnston, Naomi Mason, Mark Murphy and Jim Wronski. Mayor Beyer commented the deadline to submit names to the City Clerk is 5:30 P.M. today. Mayor Beyer and Councilmembers Barrera and Spurgeon expressed concern with having a vacancy on the City Council for eight months, especially with the severity of problems theCityisfacingatthistime, PAGE 3 CITY COUNCIL MINUTES March 16, 1993 3. REPORTS FROM MAYOR BEYER (Continued) MOTION - Mayor Beyer SECOND - Spurgeon AYES - Spurgeon, Mayor Beyer, Barrera NOES: - Coontz Moved to begin the appointment process.The City Clerk announced Council would have to make the appointment no later than April 13, 1993.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7.REPORTS FROM CITY MANAGER TAPE 1324 ( C2500.J.4)7.1 1993-94 Transfer, Retirementand Layoff Program. (Report is on file in the City Clerk's Office.)The City Manager reported on the identification of 80 positions considered for elimination July 1, 1993 in the event that financial conditions require the layoffs. The latest financial report prepared by the Finance Department indicated drops in the sales tax and property tax revenues have left the City with a 10.7 million operating deficit. If 80 positions are eliminated, the projected deficit would be reduced by approximately 4 million dollars.Attachment A is a summary of the revised general operating fund budget for fiscal year beginning July 1, 1993.The recommended actions are: 1) To continue the hiring freeze; 2) Offer incentives for employees nearing the end of their careers to retire early; 3) Continue the Furlough Program for the 368 non-safety employees; and 4) Negotiate reductions from contracts expiring July 1st with the Police and Fire Unions, which would be approximately 4 %.It is also recommended to extend the payment schedule for PERS for funding the unfunded liability for the 2% at age 50 retirement program for safety employees, and to eliminate the equivalent of approximately 80 positions, which is identified in Attachment B.Attachment C are descriptions of the Council proposed layoff policies developed to date.Attachment D indicates the partial impacts caused by the layoffs.PAGE 4 CITY COUNCIL MINUTES March 16, 1993 7. REPORT FROM THE CITY MANAGER (Continued) attachment E is a summary that identifies what has been done to date to address theCity's budget crisis. Since December, 1991, through retirements and job freezes, 75 positions have been eliminated. With the proposed 80 positions, the total number of positions eliminated from the work force would be approximately 17% of the entireworkforce. The City Manager requested Council confirm that financial necessity requires thesepositionsbeeliminatedandnegotiationsoverimpactsbeconcludedasquicklyaspossible. If all of the previously identified positions are to be eliminated, the deficitwouldbereducedbyapproximately $4 million, and reserves of a little over $4 millionwouldhavetobeused. Regarding the layoff policy, Steven Pham, Personnel Assistant, commented TopManagementandMiscellaneousemployeesgroupsarenotrepresentedandrequire nonegotiations. The other groups are Police Management and Police Association, FireManagementandFireAssociation, which leaves four employee groups. An agreementonthelayoffpolicyhasbeenreachedwithMid- Management.The following people were recognized:Larry Lykins, Orange County Employees Association, 830 N. Ross St., Santa Ana,representing Professional, Technical and Clerical Employees Association, commented Council can layoff 80 employees who are needed to supply services to theresidents,but cannot approve a utility tax as other cities have been forced to do.Chris Carnes, President of the Professional, Technical and ClericalEmployeesAssociation, commented the association has voted there will be no agreement onanynegotiationsfornextyear's contracts until after Fire and Police negotiate. It is feltthatifthefurloughscontinue, this association will be nicked twice with furloughsandpossiblyadditionallayoffsifPoliceandFiredonotagreetoanysalary reductions.Bob Bennyhoff, 10642 Morada Dr., commented the City needs to balance layoffs, and the cuts of the service programs against what the City would be getting into. Also,what the taxpayers would be faced with.Bill Leming, 2720 E. Walnut, #7, remarked that sales taxes have to begeneratedthroughbusinessinthecommunity, such as an auto mall. Caution was expressedontaxincreasesbecauseofproposedtaxescomingfromtheFederalandState levels.Councilwoman Coontz reported on the past decisions of the Council to reducethedeficitandaskedfordiscussiononadditionalreductionsandfiscal planning.PAGE CITY COUNCIL MINUTES March 16, 1993 7. REPORT FROM THE CITY MANAGER (Continued) Council discussed the following issues and requests: Not knowing how much the State will take from the City, Council needs to begin controlling next year's deficits now, and give the employees time to make adjustments. A long term revenue strategy needs to be developed to gain independence from whims of the State. Get on with the review of the City's investment portfolio and business plan for redevelopment assignments, both of which were given to the Blue Ribbon Committee and must proceed. Council policies on budget priorities for the future must be developed. Review the layoff list and how the reduction of these employees will affect service to the City. Obtain the recommendation of the Blue Ribbon Committee's utility users tax, surcharge on water use, and lighting and landscape maintenance assessment fee proposals. An organizational chart of each department was also requested. Need Council to hear the business community's concerns regarding the impact of cuts proposed, how this will affect a business's insurance rates and, level of service. Information was requested on the effect of certain positions in the City that generate revenue and are on the layoff list. Also, if Professional, Clerical and Technical does not negotiate, what happens on July 1 with no contracts? The City Manager was requested to provide information on the requests. MOTION SECOND AYES Coontz Spurgeon Spurgeon, Mayor Beyer, Barrera, Coontz Moved to approve the City Manager's proposal in concept, to layoff 80 employees, with a request for additional information concerning the level of service for the City; more complete information on various taxes proposed by the Blue Ribbon Committee and the City Manager;and begin immediately to develop long range revenue projections; with the goal of increasing revenues to the City.8.LEGAL AFFAIRS TAPE 4420 8.1 RESOLUTION NO. 8159 A Resolution of the City Council of the City of Orange confirming the results of an election held March 2, 1993, regarding Annexation No. 400 to the City of Orange (Acre Place). (Ell00.0j A 3100.0)MOTION SECOND AYES Barrera Mayor Beyer Spurgeon, Mayor Beyer, Barrera, Coontz That Resolution No. 8159 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 6 CITY COUNCIL MINUTES March 16, 1993 8. LEGAL AFFAIRS (Continued) 8.2 ORDINANCE NO. 2- 93 An Ordinance of the City Council of the City of Orange adding Chapter 8.26 to the Orange Municipal Code regulating the use of leaf blowers in residentialareas.A2500. 0)Discussion: Mark Carter, 715 W. Fletcher, requested changes to the proposed ordinance.Mayor Beyer instructed Mr. Carter to meet with the City Attorney to discuss the changes. MOTION SECOND AYES Barrera Mayor Beyer Spurgeon, Mayor Beyer, Barrera, Coontz Moved to continue first reading of Ordinance No. 2-93 to the March 23, 1993 Council meeting.8. 3ORDINANCE NO. 3-93 An Ordinance of the City Council of the City of Orange amending Section 17.04.090 oftheOrangeMunicipalCodeconcerninghomeoccupations.A2500.0) Discussion: Councilman Barrera read the following concerns: "Though this amendmentwouldstrengthenthestandardsforoperatingahomeoccupation, I believe that weneedtolookatlimitingthekindsofusesthatweallow. I do not feel that an industrialtypeofoccupationisproperintheresidentialareaandIwouldsuggestthatthecodebefurthermodifiedtorestricthomeoccupationstoofficeorientedoperationswithoutthingslikewarehousingandworkingonmaterials." The City Attorney was instructed to return to Council with a status report on April 13,1993 regarding Councilman Barrera's proposed amendment. MOTION SECOND AYES Mayor Beyer Spurgeon Spurgeon, Mayor Beyer, Barrera, Coontz That Ordinance No. 3-93 have first reading waived and same was set for second readingbytheprecedingvote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 7 CITY COUNCIL MINUTES March 16, 1993 10. ORAL PRESENTATIONS Brent Hunter congratulated the City on the recent award of a contract with a local city business, Villa Ford, to purchase city vehicles. Mr. Hunter also announced a seminar is scheduled for March 24,1993 in the Weimer Room, 7:30 to 9:00 A.M. - How to do business with the City? A County representative will also be present to answer questions from their perspective.Casey Williams, 546 W. Katella, representing the YMCA requested $30,000.00 from the City to produce the 4th of July Fireworks show.Councilmembers discussed the request, but commented at this time, with the City's budget problems, the request for funds cannot be supported.11. RECESS The City Council recessed at 4:40 P.M. to a Closed Session for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit:City of Orange vs. DLO Securities, et al., United States Court Case No.sACV 92 498 GLT.City of Orange vs. County of Orange, Orange County Superior Court Case No. 68-18- 89.Paul vs. Frances Steinberg, City of Orange, et aI., Orange County Superior Court Case No. 70-35-10.b. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956. 9( c).c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956. 9(b)(1).e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.f. To give instructions to its negotiator in connection with the purchase, sale, exchange or lease of real property pursuant to Government Code Section 54956.8.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 CITY COUNCIL MINUTES 7:00 P.M. SESSION March 16, 1993 12. INVOCATION Pastor Carl Lutz, St. Paul's 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 Planning Commissioner, Robert Walters was sworn in by Marilyn 1. Jensen, City Clerk 13.PUBLIC HEARINGS TAPE 900 (T4000.0)13.1 TENTATIVE TRACT MAP 14752, CONDITIONAL USE PERMIT 2006-93,SANTIAGO CREEKASSOCIATES (SYCAMORE CROSSING):Time set for a public hearing on petition by Santiago Creek Associates to consider Tentative TractMap14752toallowthedevelopmentofapproximately60percentofthe subject sitewith240dwellingunits; and Conditional Use Permit 2006-93 to allow the creationoflotswithoutdirectaccesstoapublicstreet. Subject property is approximately 33 acres in size and is located on either side of Santiago Creek west of TustinStreet.NOTE: The environmental impacts of this project have previously been analyzed by CertifiedEnvironmentalImpactReport1143.MAYOR BEYER OPENED THE PUBLIC HEARING.The Administrator of Current Planning reported the property includes the 5.2 acres of demolishedhomesthatwasoncepartoftheRosewoodTract, and it does not include 4.5 acres of County land that separates this property from Cambridge. A General Plan Amendment, Zone Change, Development Agreement and Planned Community text has beenapprovedforthisproject.Frank Elfend, Elfend and Associates, 610 Newport Center Dr., Newport Beach,speakingonbehalfofSantiagoCreekAssociatesgaveabriefhistoryoftheproject. Mr.Elfendreferredtoillustrationsdepictingtheproposedsinglefamilytownhomes, the floodcontrolchannel, and the green belt area.There are proposed 240 single family attached units, 96 units of single family type flair,and144townhouseslocatedadjacenttothecreek. There is also a commercial component for senior housing. The maintenance of the green belt area will be covered PAGE 9 CITY COUNCIL MINUTES March 16, 1993 13. PUBLIC HEARINGS (Continued) by a $28.00 per dwelling per month fee. A letter was received from the Orange County Flood Control District which sets forth design criteria for the creek. The County indicates they will agree to maintain the creek provided it is designed consistent with their recommendations. Mr. Elfend commented he submitted a letter, dated March 10,1993 regarding the following amendments to the Planning Commission conditions: Condition No.6: This condition be substituted with staff's recommendation as outlined in the February 11, 1993 staff memorandum. Condition No. 18: The final map will come back for approval by Council, and the design criteria has been presented to Council. There would be no reason to come back for any other subsequent review. Therefore, this condition should be deleted. Condition No. 37: A well site is to be provided by the applicant. PC text stipulates the location of the well site decision be made prior to the recording of the final map. It is suggested this condition be modified that the applicant will provide the well site prior to recording of the final map approval and it will be resolved at that time. Condition No. 80 amended to read: Construct offsite channel improvements as required by the Development Agreement. Condition No. 81 amended to read: Capacity of the low flow channel within the creek shall be determined by EMA and City of Orange in accordance with the terms of the Development Agreement. Said channel shall be dedicated to EMA for maintenance purposes. COUNCIL AND STAFF COMMENTS REGARDING PROPOSED AMENDMENTS TO CONDITIONS: Condition No.6: The Director of Community Development commented the language added by the Planning Commission gives further criteria and direction to the Design Review Board in their review of the project. However, to include DRB Review is still a policy decision of the Council. The condition recommended in the staff report will still require the project to go back to the DRB for approval. Council commented the usual DRB process will take care of it so Condition No.6 can be eliminated, except for the items A, B & C, which staff feels will happen anyway. Condition No. 18: The City Attorney advised the Subdivision Map Act requires that conditions be consistent with the map act. It was recommended to delete the portion that says it would go back to the Planning Commission. PAGE 10 CITY COUNCIL MINUTES March 16, 1993 13. PUBLIC HEARINGS (Continued) The Director of Public Works commented that he agreed with the City Attorney on this condition. It was never the City's intent to have the flood control design reviewed by any but the appropriate agencies. If the Final Map is in substantial conformance with the approved tentative map, then it is a ministerial function to approve the map. If the design of the flood control facilities were to change so radically that a finding of substantial conformance could not be made then the final map could not be approvedandnewhearingswouldberequired. Condition No. 37: The Director of Public Works commented the well site is a benefit to the whole community, and this condition ensures there is no misunderstanding of what is an approved site. Further clarification was provided on what constitutes a well site, and the design criteria. (Planning Commission Condition No. 37 sets forth this criteria as to what would constitute an approved site.) Mr. Elfend agreed to keep the condition as it is worded presently, ignore all the cross outs, and add the wording we have in there, but add, "prior to the final map approvalassetforthintheDevelopmentAgreement." The Director of Public Works and Council concurred. Condition No. 80: The Director of Public Works commented, it would be acceptablethatMr. Elfend would be looking at alternatively improving the south side from the west property line of the development to approximately 600 ft. west of CambridgeStreetversusbothsidesofthechannelfromthewestpropertylineofthedevelopmenttoCambridgeStreet. Mr. Page asked that Mr. Elfend publically agree that they would consider this. Mr. Elfend indicated that this was acceptable. Condition No. 81: This involves the capacity of the low flow channel. The Director of Public Works concern is to be sure there is no veto power for the developer or anypartythatmightbeinthechainofapproval. This was not the intent of the addition, and as long as it was so stated and made a part of the record we could live with it aswell. Mr. Elfend agreed that this was not the intent. The following people spoke in opposition: Joan North, 1218 E. Chalynn Ave. Howard DeCruyenaere, 1825 E. Albion Ave., Santa Ana Robert Siebert, 1308 Fairway Magdalena Janbahan, 1323 E. Fairway Forrest Zwiener, 927 S. Fairway Their comments were expressed as follows: PAGE 11 CITY COUNCIL MINUTES March 16, 1993 13. PUBLIC HEARINGS (Continued) The creek is too narrow running through the major portion of the property, not only for liability concerns, but also in the event of a flood. The creek should be wider for ecological and environmentally reasons. There is no commitment to preserve one tree on the property. How long will it take to move 210,000 cubic yards of dirt? Concern was expressed about the truck traffic, noise and dirt this will cause the residents. Who will be liable, when the creek overflows and floods the homes? Consider reducing the number of condos. The Director of Public Works commented the truck routes for dirt removal will be reviewed and approved by Council. The design criteria for the flood control change will make sure there will be no residential flooding. It is the design for the 100 year flood. Mr. Elfend remarked, after talking to the engineer, the trees immediately adjacent to the single family homes will be preserved. The Administrator of Current Planning commented the issue of density has been discussed in the development agreement. Speaking in favor: Carol Walters, 534 N. Shaffer St. Alice Clark, 205 N. Pine st. Bob Bennyhoff, 10642 Morada Dr. Their comments were expressed as follows: The applicant has been working with the neighbors to resolve problems Ms. Clark suggested buying new trees, since adult trees are hard to save. If there is a committee she would like her name to be considered. Mr. Bennyhoff commented the truck hauling system has been worked out and it is very controlled with no problems. The Army Corps of Engineers is planning a release structure by the Blue Diamond Pit, which is to control the flow of water going out of the pit and creek at approximately 6,000 cubic feet per second. When this device is built it will help the improvements being planned now. THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC HEARING. PAGE 12 CITY COUNCIL MINUTES March 16, 1993 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Spurgeon Barrera Spurgeon, Mayor Beyer, Barrera, Coontz CEQA Finding: Moved to accept the certification of Environmental Impact Report 1143.MOTIONSECOND AYES Spurgeon Coontz Spurgeon, Mayor Beyer, Barrera, Coontz Moved to approve Tentative Tract Map 14752 as outlined in Planning Commission Resolution No. PC-5- 93, to include amended condition numbers 6, 7, 18, 37, 80 and 81 as discussed by staff and agreed to by the Council.MOTION SECOND AYES Spurgeon Barrera Spurgeon, Mayor Beyer, Barrera, Coontz Moved to approve Conditional Use Permit No. 2006-93 as outlined in Planning Commission Resolution No. PC-6-93, to include amended condition numbers 6, 7, 18,37, 80 and 81 as discussed by staff and agreed to by the Council.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS-Mayor Beyer announced the final list of applications for the City Council appointment:Pat Buttress, Bill Cathcart, Tom Debin, Ron Johnston, Naomi Mason, Bob Mickelson,Mark Murphy, and Jim Wronski.PAGE 13 CITY COUNCIL MINUTES March 16, 1993 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Mayor Beyer, Barrera, Coontz Moved to adjourn at 9:00 P.M. to an Adjourned Regular Meeting on Monday, March 22,1993 at 4: 30 p.m. in the Economic Development Conference Room.MARILYN .JE CITY CLERK PAGE 14