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04-13-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA April 13, 1993 The City Council of the City of Orange, California convened on April 13, 1993 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 1.3 APPROVAL OF MINUTES Regular Meeting March 16, 1993 MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSTAINED - Murphy ACTION: Approved with corrections.Adjourned Regular Meeting March 22, 1993 MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSTAINED - Murphy ACTION: Approved.Regular Meeting March 23, 1993 MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSTAINED - Murphy ACTION: Approved.PAGE 1 i-- CITY COUNCIL MINUTES April 13, 1993 1.3 APPROVAL OF MINUTES (Continued) Adjourned Regular Meeting March 30, 1993 MOTION - Barrera SECOND - Mayor Beyer AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABST AlNED - Murphy ACTION: Approved.1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None 1.5 PROCLAMATIONS Proclamation presented to Nancy Gee, Recycling Coordinator, Public Works Department,proclaiming April 18-24, 1993, " Recycle Week" for the City of Orange.2.CONSENT CALENDAR TAPE 170 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of April 13, 1993, 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 andDirector of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved. REMOVED AND HEARD SEP ARATEL Y)2.3 Request from Orange Host Lions Club to sponsor the Lions May Festival, to be held May 7-9, 1993. Waiver offees has been requested.(Continued from March 23, 1993)p1300.0.9) FISCAL IMP ACT: None. All fees will be paid by sponsor.DISCUSSION: The Police Chief reported on a meeting held with the Lions Club and Carnival Time Shows to discuss the May Festival carnival. It was by mutual agreement to withdraw their request. Carnival Time Shows has submitted a letter requesting the return of their deposit fees. Councilman Barrera requested a status report on the May Festival.PAGE 2 CITY COUNCIL MINUTES April 13, 1993 2. CONSENT CALENDAR (Continued) MOTION - Coontz SECOND - Barrera A YES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved the request for a status report on the May Festival.REMOVED AND HEARD SEPARATELY)2A Request from First United Methodist Church to rent six permit parking stalls in the Orange Center Municipal Parking Lot (P2500.0.9)FISCAL IMPACT: Annual income of$120.00 per stall, for an annual total of$720.00.DISCUSSION: The Traffic Engineer reported there are no provisions for reserved parking spaces. It was recommended two parking permits be granted, and the City staff will work with them to solve their problems regarding loading zones for passengers and freight MOTION - Spurgeon SECOND - Coontz A YES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to approve staff's recommendations.2.5 Request Council approve payments by the Orange Redevelopment Agency, for plan check fees to purchase reports under Phase I of the Seismic Engineering Report Purchase Program. (C2500.GA)FISCAL IMPACT: Sufficient funds are available in Account Number 928-9815-465802-9153 (Rehabilitation Grants-Seismic Loan Program).ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.6 Request to amend the 1992-93 Community Development Block Grant Program to allow change in project scope and additional funding for the Rehabilitation Institute of Southern California (RIO). ( C2500.G.l.3)FISCAL IMP ACT: Sufficient funding is available for this purpose in the RIO Exterior Painting Project Account Number 310-6050-775100-1305. No additional appropriation requested.MOTION - Coontz SECOND - Barrera A YES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy PAGE 3 CITY COUNCIL MINUTES April 13, 1993 2. CONSENT CALENDAR (Continued) ACTION: Moved to remove this item from the Agenda for further clarification.. 2.7 Request to approve a Homeowner Participation Program Grant and authorize Finance Department to prepare a check in the amount of $2,000.00. (C2500.G. 1.3.1) FISCAL IMPACT: Sufficient funds are available in Account Number 316- 6053-427800-1221 (Homeowner Participation Program). Case #553. ACTION: Approved.2.8 Request to approve a Homeowner Participation Grant and authorize the Finance Department to prepare a check in the amount of$I,987.50. (C2500.G.1. 3.1)FISCAL IMPACT: Sufficient funds are available in Account Number 316-6053-427800-1221 (Homeowner Participation Program). Case #552.ACTION: Approved.2.9 Request to approve a Homeowner Participation Program Grant and authorize the Finance Department to prepare a check in the amount of$2,000.00. (C2500. G.1.3.1)FISCAL IMP ACT: Sufficient funds are available in Account Number 316-6053-427800- 1221 (Homeowner Participation Program). Case #554.ACTION: Approved.2.10 Request Council approve Contract Change Order No. 2 and Final to Tracy & Ryder Landscapein the amount of$26, 734.37. (A2100.0.Agr 1881)FISCAL IMPACT: There is no additional impact on City' s budget since the project is funded with Assessment District Funds. ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.11 Request Council, by motion, approve Newport (55) Freeway Maintenance agreement with the State of California and authorize the Mayor and City Clerk to execute on behalf of the City. (A2100. 0.Agr CITY COUNCIL MINUTES April 13, 1993 2. CONSENT CALENDAR (Continued) DISCUSSION: Councilwoman Coontz requested information regarding the possibility of a landscape agreement with Cal Trans after the widening of the 55 Freeway. The Traffic Engineer reported a landscaping plan will be reviewed on April 14, 1993 for the first increment of the 55 Freeway improvements from 17th Street to the 22 Freeway. The City's area of influence is around Fairhaven Street. However, the next three phases going north will be within the City of Orange. Council will be apprised of the recommendations as they proceed. MOTION - Coontz SECOND - Murphy A YES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.12 Authorize the Mayor and City Clerk to execute Agreement between the City and the Law Offices of Rourke, Woodruff & Spradlin for legal services. (A2100.0.Agr.2070)FISCAL IMPACT: None. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.13 CLAIM FOR DAMAGES FROM:C3200.0)Don Howard Paul ( X-Ref: Steinberg)Lisa Monte Roberta Bleier FISCAL IMPACT: None.ACTION: Denied claims and referred to City Attorney and Adjuster.2.14 Request approval of Memorandum of Understanding with Orange Disposal Services,Hambarian Properties and Recycle Orange regarding construction, financing and operation of a solid waste materials recovery facility at 2050 North Glassell, to process all trash collected in the City of Orange. (A2100.0.Agr 2071)FISCAL IMP ACT: $6.5 million over a ten-year period, to be financed through sanitation fee increases.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2. 15 Request approval of Amendment No. 13 to the "Trash and Garbage Contract"A2100. 0.Agr 119.Q)FISCAL IMP ACT: No change in Fiscal Year Budget.PAGE 5 CITY COUNCIL MINUTES April 13, 1993 2. CONSENT CALENDAR (Continued) ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2.3, 2.4, 2.6 and 2.11 were removed and heard separately. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER- None 4.REPORTS FROM COUNCILMEMBERS TAPE 431 4.1 Council discussion on the Statement of Values and Ethics. (Continued from March 23, 1993) ( C2500.A)Councilwoman Coontz reported a meeting was held at the League of California Cities,and the speaker discussed the City of Los Angeles' ethics ordinance. Councilwoman Coontz obtained a copy of the ordinance for review. The City's present version of the Statement of Values and Ethics does not need any changes; it could be reprinted,included in the Employees Handbook, and distributed to all new employees,commissions and committees. The Ethics Statement could be revisited at a later date.Councilman Barrera commented the State of California is also coming out with an Ethics Statement, and asked if it would conflict with the City's? The City Attorney indicated it would not.MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the Ethics Book as it is put together, and include it in the Employees Handbook for distribution.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 6 CITY COUNCIL MINUTES April 13, 1993 6.ADMINISTRATIVE REPORTS TAPE 561 6.1 Receive and file financial audit of Youth Alternative Program. (Report on file in the City Clerk's Office.) (C25oo.N) The Community Services Manager reported the certified public accounting firm of Mark McCallick was hired to perform the financial audit. They found the financial statements of the Youth Alternative Program are consistent with general accounting practices and that no reportable conditions are believed to be material weaknesses. MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to receive and file the report.TAPE 631 6.2 Receive and file Status Report on (amendment to) OMC - Home Occupation.Report on file in the City Clerk's Office.) (A25oo.0)The City Attorney reported the Home Occupation Ordinance adopted by the City Council reduced the amount of storage that could be utilized in a garage and prohibits using a residence as an assembly point for workers and certain outside storage. It did not prohibit industrial type uses in residential areas.The prohibition of all industrial uses would alter the fundamental of the Home Occupation Permit system in the City, and would strictly limit the home occupations to offices only. Staff is studying regulations from other cities on this issue and will return to Council with recommendations and restructuring of the ordinance.Councilwoman Coontz asked if staff had researched the minutes to find out what the intent of the original ordinance, and the intent of the council was at that time, in placing the ordinance into effect. Concerns have been expressed from residents that they do not appreciate having a residential neighborhood, for example R-1, R-8, R-1-10, with those uses visible, and want to know will they be contained behind the garage door.This needs to be discussed. Mayor Beyer instructed the City Attorney to research the minutes and return with a report.Bob Bennyhoff, 10642 Morada Dr., spoke in favor of the Future Farmers of America and their school projects and how it would apply to this ordinance.Jack Payne, 702 E. Adams, commented on an article published April 9, 1993 in The Register regarding this issue, and played an abusive tape recorded message received on his home answering device.PAGE CITY COUNCIL MINUTES April 13, 1993 6. ADMINISTRATIVE REPORTS (Continued) MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to receive and file the report.TAPE 975 6. 3 Request Council approve use of Rule 20A Funds for Undergrounding Electrical Lines. ( Report on file in the City Clerk's Office.) (C2500.M.13)The Director of Public works presented the report and indicated the Southern California Edison Company is willing to advance monies in an effort to shorten the time frame for the following projects:Project TustinjKatella Ave.LaVeta, Bedford to Flower Chapman, Main to Flower LaVeta, Cambridge to Parker Cost 3, 000,000 200, 000 500, 000 700, 000 Time Frame 1993- 1997 1995- 1998 1997- 2000 1999- 2002 MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the schedule, and instruct staff to proceed to implement it as quickly as possible by preparing a Resolution of Intent and public hearing for the Tustin StreetjKatella Avenue transmission undergrounding.ABSTAINED - The following Councilmembers, who own property within the legal required distance of the projects, abstained from voting on the following projects: Councilwoman Coontz - Tustin StreetjKatella Avenue project Mayor Beyer - La Veta Avenue, Cambridge to Parker Councilman Spurgeon - Chapman Avenue, Main to Flower, and La Veta Avenue,Bedford to Flower TAPE 1344 6. 4 Request Council, by motion, approve the elimination of the equivalent of 80.3 full time positions as of July 1, 1993. (Report on file in the City Clerk's Office.)C25oo.J.4) PAGES CITY COUNCIL MINUTES April 13, 1993 6. ADMINISTRATIVE REPORTS (Continued) The City Manager introduced department heads who gave a brief presentation on the impacts of the proposed elimination of 80.3 full time positions, which would reduce next year's budget costs by $4 million. The City Manager concluded with the following policy alternatives: 1) Implement a 5- 1/2% utility users tax, which would create enough revenue to maintain current levels of service and the current number of employees on the work force. 2) Exempt reductions in staffing in the Police and Fire Departments from the proposed cuts but continue the furlough and impose layoffs in the other departments if a 4-1/2% utility users tax were implemented. 3) Leave Police and Fire staffing intact, with the exception of eliminating the brush rig in the Fire Department, a 4% utility users tax would be required. 4) Maintain the current force of 139 sworn Police Officers while making all other recommended cuts with a 3-1/2% utility users tax. 5) After making all ofthe recommended cuts that have been discussed, a 3% utility users or its equivalent would be required to maintain a balanced budget in the foreseeable future.The only alternative to increasing revenues would be to make additional service reductions beyond those discussed.Council discussed the following: 1) There needs to be comparisons on what the effects of specific cuts are, and how to operate more efficiently. 2) Are there duplication of services? 3) Some of the comparative cuts would impact departments in the way the duties are being transferred to other departments. Is there an acceptance of the transfer of duties by departments? 4) There were certain suggested cuts that could impact revenue, and what are the effects on revenue. 5) Look at cost savings by department.6) Investigate other communities sharing costs for the Crisis Intervention Counselor that use his services. 7) Many managers and department heads have good ideas regarding privatizing, consolidation with other public agencies and others that should be brought to Council for discussion. 8) Meet with department heads to discuss Council's goals, objectives and ideas. 9) Requested by April 20th Council meeting,what year will this take department staffing service levels to, with the proposed elimination of jobs? Also, look at the growth path since that level, and where it is today in 5 year increments. 10) City Manager to furnish savings information if Code Enforcement is merged with the Police Department, and Community Services merged with Public Works? MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy PAGES CITY COUNCIL MINUTES April 13, 1993 6. ADMINISTRATIVE REPORTS (Continued) Moved to confirm the layoff list with the exception of the Police and Fire Departments. The Police Department has taken a hit already with further hits that have been prescribed. Our community is concerned about crime. This area needs to be reviewed more with the Police Chief. As far as the Fire Department is concerned, there is a question about some of the possible retirements, which would make a change in the numbers. Separate those two departments from the elimination list and move ahead. MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to schedule Apri120, 1993,7:00 P.M. to discuss with the Department Heads the following: 1) Program and Service Matrix, 2) Mandated Programs, 3) new ideas for consolidation with other public agencies, 4) privatization opportunities, and any other issues the Department Heads would like to share.TAPE 4211 6. 5 Direct the City Clerk to publish the required legal notices to set Public Hearing for a proposed utility users tax. (T11oo.0.3)The Revenue Manager reported the proposed action is not a commitment by the Council at this time, it is proposed to publish a 6% tax rate which can be adjusted any time between now and then through the public hearing process, which is scheduled for June 15, 1993 at 7:00 P.M.Staff was instructed to send the legal notice to Council for their comments before it is published.Carol Walters, 534 N. Shaffer, discussed other costs to bring in revenue such as charging for zone changes.MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to direct the City Clerk to publish the required legal notices to set a public hearing for a proposed 6% utility users tax.Councilman Spurgeon commented he will withhold any position on this until the public hearing and public comments are heard.PAGE 10 CITY COUNCIL MINUTES April 13, 1993 6. ADMINISTRATIVE REPORTS (Continued) Councilwoman Coontz commented this does not indicate that she's for this. She has received a mountain of information about the projections for a loss of revenue in the coming year and what will happen at the end of 1994. It has to be made clear, that doing anything of this nature, is something that this Council is doing reluctantly. TAPE 4952 6.6 Direct the City Clerk to publish the required legal notices to set Public Hearing for a proposed business license tax on rental properties of more than four units. T11oo.0.4) The Revenue Manager reported the public hearing date would be scheduled for June 15,1993 to coincide with the budget adoption process. The following people spoke: Alice Clark, 205 N. Pine, representing the Orange Taxpayers Association, asked for clarification regarding what the first four units means? The Revenue Manager responded, the fee would be $25.00 per year for units one through four, and $5.00 additional for each additional unit over that. Will Chambers, 242 S. Olive, expressed comments from Rick Lambrose of the Orange County Apartment Association. They are not in favor of a license for rental properties. Will the $80,000 take in what the City is getting from the 16 unit complex that has a business license and pays on their gross rents, or with the addition of the new business license? The Revenue Manager commented, he would get back to Mr. Lambrose with an answer. Mr. Chambers requested the legal notice to read, "Direct the City Clerk to publish the required legal notice to set public hearings for a proposed business license tax on rental properties, and drop, of more than four units. The Revenue Manager felt there was no problem with that request. Geneva Fulton, 1801 N. Greenleaf, Santa Ana, inquired if commercial property would be included. The Revenue Manager commented there is currently in the ordinance a business license fee for commercialj rental property which will be enforced immediately. Larry Lykins, representing Clerical, Professional and Technical Labor Union, suggested Council consider job sharing, an incentive for employees to leave the City voluntarily, and have an actuarial study done on the insurance reserves. PAGE 11 CITY COUNCIL MINUTES April 13, 1993 6. ADMINISTRATIVE REPORTS (Continued) The Acting Finance Director reported an actuary was completed on the reserves for liability workers comp in all the self insurance funds. As a result of that study, part of the recommendation for the coming budget will be to transfer approximately $5 million dollars to the General Fund. MOTION SECOND AYES Spurgeon Coontz Spurgeon, Moved to direct the City Clerk to publish the required legal notices to set public hearing for a proposed business license tax on rental properties. TAPE 5779 6.7 Staff Report on Graffiti program. (Report on file in the City Clerk's Office.) C25oo.N.4) The Community Services Manager presented the report. Council discussed the lack of a provision to make the parents participate and pay if the child cannot. The City Attorney recommended Council adopt first reading of the ordinance and, amend it at a later time to include parent participation. Ordinances from other cities will be reviewed regarding this issue. Geneva Fulton, 1801 N. Greenleaf, Santa Ana, remarked there should be an award program included in the program, and a curfew for youths. MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Approve the Graffiti Program in the amount of $197,000.00. Direct staff to budget 139,500.00 for Fiscal Year 93/94 of General Fund monies, and redirect $11,000.00 of carryover monies that were previously identified for the Youth Alternative Program,and apply them to this program. Direct staff to prepare a contractual agreement with the Orange County Youth and Family Services Division Program, effective July 1, 1993,and staff is to prepare the specifications for contractual services for graffiti removal.7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 6683 8.1 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 residential areas.A2500.0)PAGE 12 CITY COUNCIL MINUTES April 13, 1993 8. LEGAL AFFAIRS (Continued) MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSTAINED - Murphy That Ordinance No. 2- 93 have second reading waived and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 8164 A Resolution of the City Council of the City of Orange approving Tentative Tract Map No. 14752 to allow the subdivision of approximately 33 acres located west of Tustin Street, north of Fairway Drive and Conditional Use Permit No. 2006-93, permitting the creation of lots without direct access to a public street. (T4000.0)Santiago Creek Associates (Sycamore Crossing)Discussion: Frank Elfend, Elfend and Associates Inc., recommended the following changes:Condition No. 18 the wording that Mr. Elfend presented at the public hearing on March 16, 1993 was omitted. Mr. Herrick admitted this was the case and the word "applicable" would be reinserted in the third sentence after the word all.Condition No. 37 was amended to read as follows: "That a minimum 80 ft. by 60 ft. graded well site with an ingress, an egress, and utility easement be dedicated to the City of Orange. The well site shall be located such that a well can be constructed a minimum of fifty feet from the nearest sewer line. The location of the well site shall be mutually agreed upon by the City and the Developer. Provisions for utility service shall be provided to the property line, including a 3 phase 480 volt electrical service, and 4 inch electrical and 2 inch telephone conduits. A drain line with a minimum capacity of8 C.F.S. shall be constructed from the well site to a storm drain. Developer shall provide said well site prior to final map approval as set forth in the Development Agreement.MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSTAINED - Murphy That Resolution No. 8164 as introduced be adopted and same was passed and adopted by the preceding vote, with amendments as agreed upon by Mr. Elfend and the Director of Public Works.8.3 RESOLUTION NO. 8165 A Resolutionof the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 923-10; Silvia Construction; Street Maintenance 1991-92, Phase II. ( A2100.0.Agr 2030)PAGE 13 CITY COUNCIL MINUTES April 13, 1993 8. LEGAL AFFAIRS (Continued) MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSTAINED - Murphy That Resolution No. 8165 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 8167A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 912-12; Tracy & Ryder Landscape,Inc.; Santiago Hills Street Scenes; A.D. 86-1. (A2100.0.Agr 1881)MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8167 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 8168 A Resolution of the City Council of the City of Orange commending Arden 1. (Pete)Pedersen for more than twenty- four years of loyal and dedicated service to the City of Orange. (C2500.H)MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8168 as introduced be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 8169 A Resolution of the City Council of the City of Orange protesting the State cutbacks against Local Government. (S3500.A)MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy PAGE 14 CITY COUNCIL MINUTES April 13, 1993 8. LEGAL AFFAIRS (Continued) That Resolution No. 8169 as introduced be adopted and same was passed and adopted by the preceding vote. 8.7 ORDINANCE NO. 4- 93 An Ordinance of the City Council of the City of Orange repealing and deleting Chapter 8.37 of the Orange Municipal Code (OMC) and adding Chapter 8.37 relating to graffiti.C2500. NA) MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 4-93 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 - None 11. RECESS The City Council recessed at 6:25 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 Donald D. Greek, Orange County Superior Court Case No.642701.Mochizuki et al vs City of Orange, U. S. District Court Case No. SACV 92 498 LGT.City of Orange vs. County of Orange, Orange County Superior Court Case No.68 1889 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)(I).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.PAGE 15 CITY COUNCIL MINUTES April 13, 1993 CLOSED SESSION (Continued) Note: The City Attorney added the following properties at: 1515 E. Walnut, Linda Boone; and 11841 Prospect, John Macuda. 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 - Pastor Dave Daniel, Calvary Chapel 12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None 12.4 PROCLAMATIONS Presentationof proclamation to Mr. Charles "Pete" Maddox, Vice President, Rancho Santiago College Board of Trustees, in celebration of National Community College Month.12.5 PRESENTA TIONS a. Oath of Office for New Councilmember - Mark Murphy. The City Clerk re-administered the Oath of Office to Mr. Murphy (previously sworn in on March 31,1993).The City Council recessed at 7:15 P.M. to a reception for newly appointed Councilman Murphy, and reconvened at 7:30 P.M. Mayor Beyer announced he paid for the reception expenses; it did not come out of City funds.b. Reorganization of Council and appointment of Mayor Pro Tern.MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Mayor Beyer, Coontz, Murphy ABSTAINED - Barrera Moved to appoint Councilman Barrera to serve out William Steiner's term as Mayor pro tern.c. Presentation of check by Orange International Street Fair Committee for City services during the 1992 Street Fair.Judy Sollee, 821 VanBibber, President of the Orange International Street Fair and Carroll Johnson, Secretary, presented the City a check for $55,697.33 from the 1992 fair.PAGE 16 CITY COUNCIL MINUTES April 13, 1993 13.PUBLIC HEARINGS TAPE 811 13.1 ZONE CHANGE 1156-92, GENERAL PLAN AMENDMENT 4-92, DR.' S JUAN AND DORIS ARAUJO: ( Z15oo.0)Time set for a public hearing on petition by the City of Orange for Dr.'s Juan and Doris Araujo, to consider a request for a zone change from R-1-10 to R-1-40; and an amendment to the General Plan Land Use Map from LDR (2-6 dwelling units per acre)to ESTR (0-2 dwelling units per acre). The proposal is intended to reconcile an approved residential subdivision with the Orange Park Acres Plan. No further subdivision of property is proposed. Subject property is five residential parcels in Tract 1429310cated on the south side of Lewis Drive along Kimbark Lane, a private street.NOTE: In conformance with the provisions of the California Environmental Quality Act (CEQA), Negative Declaration 1419-92 has been prepared for this project.MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development presented the report.THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to find that Negative Declaration 1419-92 including the initial studies is in conformance with the provisions of CEQA. The project will not have a significant adverse impact on the environmental wildlife resources.MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Zone change 1156-92 as outlined in Planning Commission Resolution No. PC-81-92.MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve General Plan Amendment 4-92 as outlined CITY COUNCIL MINUTES April 13, 1993 13. PUBLIC HEARINGS (Continued) TAPE 957 13.2 APPEAL NO. 407, CONDITIONAL USE PERMIT 2000-93, DENNIS MUTH AND KIRK DETTLOFF: (A4000. 0)Time set for a public hearing on petition by Dennis Muth and Kirk Dettloff to appeal the decision by the Planning Commission on February 17,1993 denying Conditional Use Permit No. 2000-93 to allow the construction of a two-story duplex located within the R-2-6 (Residential Duplex, minimum lot size 6,000 sq. ft.) district, which is bordered on three sides by single-story development. Subject property is located at 373 North Center Street.NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA) per CEQA Guidelines, Section 15305.APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:We feel it is necessary to appeal the decision of the Planning Commission hearing of February 17, 1993. After reviewing Old Towne guidelines and zoning regulations,plans began, were presented to the Design Review Board and twice revised. We are upset by the denial, especially since we face Chapman University's three-story concrete building. Also, because none of our neighbors have opposed us. Considering we have patiently complied with all criteria, we would like to be heard by the City Council. We feel the City, our neighbors, and Chapman University will only benefit by our efforts."MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development gave the presentation, indicating the Planning Commission had concerns regarding the proposed unit sizes and mass of the structure is incompatible with existing development in the area. The site plan design may cause internal circulation problems having a corresponding negative impact on public safety.Speaking in favor:Dennis Muth, 373 N. Center St.Carol Walters, 534 N. Shaffer St.Their concerns were expressed as follows:Cars can back out from any of the garages. If cars are parked in both the open spaces,there is enough room on the 10-12 ft. driveway to drive past the cars. The tree overhangs the driveway, and the planter is 8 ft. from the wall.The traffic problem is not being generated from the CITY COUNCIL MINUTES April 13, 1993 13. PUBLIC HEARINGS (Continued) The Fire Chief was asked if there were any problems getting to all the units and driveway accessibility if a fire should occur? The Chief answered the Fire Department could reach the structures from the street and not use the driveway. Speaking in opposition: Richard Cavecche, 275 N. Shaffer Dan Slater, 278 N. Pine, representing Old Towne Preservation Association, read letter for the record. Shawn Murphy, 378 N. Shaffer Timothy Ault, 368 N. Shaffer Shannon Tucker, 556 E. Culver Their concerns were expressed as follows: Opposed to the size of the unit because it will overshadow neighbor's backyard. Because a categorical exemption was filed for this project, any adverse impacts on the basis of bulk and mass, historic context and the cumulative impacts of successive projects have not been identified and! or mitigated through adequate environmental review. This will set a precedence if approved. The City Attorney, who is in receipt of a letter sent by OTP A's attorney, commented, if Council is going to make a finding regarding a historical significance of this structure, or the cumulative impacts, there has to be some evidence in the record on which to base that finding. THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to send this project back to the Planning Commission for consideration of improvements to the circulation, square footage, bulk and mass, and open space.14. PLANNING AND ENVIRONMENT - None PAGE 19 CITY COUNCIL MINUTES April 13, 1993 15. ORAL PRESENTATIONS Robin Barnes, 757 N. Adele, #4, commented she is receiving parking tickets because of the No Parking on Street Sweeping Day regulation, and other people are parking cars in the alley and in front of the garages. Ms. Barnes was instructed to talk to the Director of Public Works. Larry Bonham, commented cars are dominating our lives. 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to recess at 8:45 P.M. to Executive Session to finish discussing the items as listed on the Agenda. The City Council adjourned at 9:30 P.M.Vi. ! /)-,f:~7 ...>'.-<' (;'.. /<:,,/ 1/ " MA~ II::~ EiSSEi,{ CMt !/"17' f-4!/CITY CLERK J 9t~~/ GENE BEYER L-/ MAYOR PAGE 20