05-25-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
MAY 25,1993
The City Council of the City of Orange, California convened on May 25, 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
May 18, 1993 MOTION - Barrera
SECOND - Coontz AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTA
TIONSI ANNOUNCEMENTSI
INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT
CALENDAR TAPE 41 2.1
Declaration of City Clerk Marilyn
1. Jensen declaring posting of City Council agenda of a regular meeting of May 25, 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 and Director of
Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.2.3 Request
to change
the time
limitparking restrictions on Cambridge St. between Almond Ave. and Chapman Ave. (S4000.S.3.
1.1)PAGE 1
CITY COUNCIL MINUTES MAY 25, 1993
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: The department's normal operating budget provides for this type of
work through the #250 Traffic Safety funds.
ACTION: Approved on a temporary basis.
2.4 Request to permanently close Bronson Ave. at Bedford Rd. (S4000.S.4)
FISCAL IMPACT: None.
ACTION: Denied.
2.5 Request to reduce the posted speed zone on Meats Ave. from 45 m.p.h. to 35 m.p.h.
between Featherhill Dr. and the north city limits. (S4000.S.3.4)
FISCAL IMPACT: None.
ACTION: Denied.
2.6 CLAIM FOR DAMAGES FROM: (C3200.0)
a. Maria Benson
b. Vinh Nguyen
FISCAL IMPACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
REMOVED AND HEARD WITH ITEM 6.1)
2.7 Approve and authorize the privatization of the Street Tree Section and award a contract
to West Coast Arborist, Orange, CA in the amount of $395,100.00 and waive the formal
bid process in accordance with Orange Municipal Code 3.08.140. (A2100.0.Agr 2082)
FISCAL IMP ACT: $315,870.00 will be saved in the General Fund.
ACTION: Approve.
MOTION - Spurgeon SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Item 2.7
was removed from the Consent Calendar and heard with Item 6.1; all other items on the Consent
Calendar were approved as recommended.END OF CONSENT
CALENDAR Page 2
CITY COUNCIL MINUTES MAY 25, 1993
3.REPORTS FROM MAYOR BEYER TAPE 77
3.1 Report concerning litigation contesting the State's redirection of city and
redevelopment funds to school districts. (Copy on file in the City Clerk's Office.) (R3500.0)
FISCAL IMPACT: Additional legal fees of approximately $1,680.00 would be required from the
Orange Redevelopment Agency to support and join this litigation.
The City Manager was directed to return to Council on June 8, 1993 with a motion requesting the
Orange County Tax Assessor and Board of Supervisors not release the property taxes to the State
in opposition to the State's taking it from the Cities and Counties. Mayor Beyer will call the
Board of Supervisors indicating Council's intent.
The City Attorney recommended it was not clear whether the Redevelopment Agencies would
bring their own lawsuits or just a selected number of plaintiffs. It was recommended that the City
of Orange participate in the City of Alhambra's lawsuit.
The Redevelopment Manager commented the California Redevelopment Association is requesting
that all agencies join into the Alhambra litigation. The cost of $1,680.00 is based on the Agency's
annual increment, and is the amount to join the lawsuit. The Governor has reduced his request for
Redevelopment Funds from $360,000,000 to
65,000,000.
MOTION
SECOND
AYES
Barrera Mayor
Beyer Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved that the
City of Orange/Orange Redevelopment Agency support and join the Alhambra litigation as recommended
by the California Redevelopment Association, to include the allocation of$I,680.
00.4.REPORTS FROM
COUNCILMEMBERS TAPE 242 4.1 Confirmation
of Planning Commission appointment. (Continued from May 18, 1993.)C2500.G.2.
5J)MOTION SECOND AYES
Murphy
Spurgeon
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy Moved to continue this item
to June 8, 1993 Council meeting. This item to be placed under Reports from Mayor Beyer.5.
REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None Page 3
CITY COUNCIL MINUTES MAY 25, 1993
6.ADMINISTRATIVE REPORTS TAPE 271
6.1 Report on recommendations from members of the Council, City Manager and
Department Heads concerning budget recommendations for 1993-94. (Copy on file in
the City Clerk's Office.) (C2500.J.l.
l)Councilwoman Coontz gave the following report: "I would like to make introductory remarks
to the actions we will be taking today on budget
cuts.The City of Orange budget became a year-round focus of the City Council in 1991
when Orange became one of the first cities in Orange County to authorize an employment hiring
freeze, which still
stands today.In mid-year of the 1991-1992 budget, former Councilman Bill Steiner joined
me in leading the City Council into more drastic actions to pare the annual budget.
Many activities had become institutionalized and needed careful pruning in
our 106 year-old city.Mid-year cuts resulted in $2,940,000 in operational
and salary savings. New policies were implemented to control expenditures. Public committees
and events were dissolved and out-of-town conference, travel expenses and use of
City vehicles were drastically cut back. The Council's own budget was substantially reduced
along with the expenditures of all city departments. Our proposals were welcomed by the
Council as we moved into another budget year in
an escalating recession with reduced city revenues.In 1992, we began a furlough program for
all employees except the emergency departments of police and fire. City departments were closed to the public
on Fridays representing $1,500,000 of taxpayers' money saved through
this 10% reduction in pay for employees.Despite two years of deep cuts, 1993 brings a continuation of
the recession and a new set of challenges. For a third year the State has dipped into our pockets for
a total of $8,980,000 in annual losses projected through 1993-94, and no hold back on
that for the future. We are in a David and Goliath" battle with Sacramento, returning
from the battlefield time and again to heal
our wounds and plan new cost saving strategies.Attached with this material is a sheet that shows the State
take away over the last two years with a
projected take away for the coming budget year.One of our goals as a city is to untangle ourselves
from the financial whims of the state and become more self-sufficient. The City
of Orange has taken dramatic steps to pare down government, while the
State Legislature, which has greater powers, has done nothing.I assure you that this Council is not letting down in
its efforts tobalance the budget. In April, the Council authorized 50.3 additional
positions for elimination and encouraged a number of early retirements. Then we decided to cut
deeper. The
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPORTS (Continued)
shared with us by department heads for layoffs, further privatization, and reorganization of
departments. Our non-emergency work force will soon be reduced to the level of 1973 on a
per-capita basis, to a time when our population was 80,000. Today, our city numbers over 116,
000
residents.To summarize, our city government is approaching a mirror-image of the private sector.
We are cutting costs and learning to be more efficient with fewer resources. We are
delivering our services in different ways, yet doing our best to serve our customers, the citizens of
Orange. The list of budget reductions today totals an additional $2,028,089, plus half a
dozen further recommendations to achieve even more dollar savings. Decisions become easier
when you understand the
role ofleadership."The following motions
were made:
POLICE
DEPARTMENT
MOTION
SECOND AYES
Coontz
Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
I. Direct that the number of sworn officers in the Police Department be set at the level of 142
positions, including that of Police Chief and two positions being funded through grants (one
position through the new County-wide Auto Theft Task Force; the other through CDBG
funds for a foot patrol
officer).
MOTION
SECOND
AYES Coontz
Murphy
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy 2.
Moved to implement the Chiefs plan to eliminate up to $91,772 in crossing guard positions not
meeting State warrants.MOTION
SECOND
AYES
Coontz
Murphy Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy 3. Moved to layoff
Senior Assistant to the City Manager (Emergency Preparedness Coordinator), $74,507, less
severance package.MOTION SECOND AYES Coontz
Murphy
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
4. Moved to not fill vacant park
ranger position, $38,062.Page 5
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Coontz Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy 5. Moved
to not fill vacant records clerk position, $25,604.MOTION SECOND
AYES
Coontz
Murphy
Spurgeon, Barrera,
Mayor
Beyer, Coontz, Murphy 6. Moved to direct
that the Chiefs recommendations on Police Department fees be set for a public hearing and notification
under the provisions of the Bergeson Act.MOTION SECOND AYES Coontz
Murphy
Spurgeon,
Barrera,
Mayor Beyer,
Coontz,
Murphy 7. Moved to not fill property
officer position, $45,000.PARTIAL ESTIMATED SAVINGS - $274,945 (does
not consider #6 above)Mayor Beyer reported the gang shoot-out
last weekend at East Chapman cost the City $8,777.73.Mayor Beyer suggested thepossibility of
the Police Department contracting with the County to pick up the policing of the
unincorporated areas in EI Modena. Mayor Beyer has been in contact with Supervisors Vasquez and Steiner. They
will see if the County will contact the City MOTION SECOND AYES Mayor Beyer Spurgeon
Spurgeon,
Barrera,
Mayor
Beyer, Coontz, Murphy
Moved to
direct the Police Department to contact the
County regarding the costs to police the unincorporated areas ofEI Modena.Chief Robertson reported he would
contact the Sheriff to
determine what County resources are being used in that area. He will report on
the number of occasions the Orange Police Department has had to respond in County areas.FIRE DEPARTMENT
MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera,
Mayor Beyer,
Coontz,
Murphy
Page
6
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPORTS (Continued)
1. Moved to take the brush rig out of service at Station 7, take the paramedic squad out of service
at Station 3, making Engine 3 a paramedic engine, and eliminate the three associated fire engineer
positions and six firefighter positions through attrition; subject to meeting all labor negotiation
requirements under the Meyers-Millias-Brown Act. . $606,
731.
00
MOTION
SECOND AYES
Murphy Spurgeon
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy 2.
Moved to direct that two administrative clerk positions in Administration and Prevention respectively,
not be filled. $60,116.MOTION
SECOND
AYES
Murphy
Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy 3. Moved to
eliminate a fire engineer/inspector position in Prevention through attrition.76,909.00
TOTAL ESTIMATED SAVINGS - $
743,756.00 MAYOR AND CITY COUNCIL
OFFICE MOTION SECOND AYES Spurgeon
Barrera
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
Moved to reduce local training, conference meetings
from $8,340.00 to $2,500.00 MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera,
Mayor
Beyer,
Coontz,
Murphy Moved
to reduce
funds to Orange Symphonic Band from $1,
900.00 to $1,500.00.Staff was directed to provide Council with their performance schedule
for the year.MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz,
Murphy
Moved
to
reduce the
Chamber of
Commerce Membership from $6,420.00 to $
2,100.00 (standard dues).Page 7
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Spurgeon Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to reduce
Miss Orange Pageant from $10,000.00 to $8,000.00.MOTION SECOND AYES
Spurgeon
Barrera
Spurgeon,
Barrera, Mayor
Beyer, Coontz,
Murphy Moved to reduce the Employee Service
Awards from $14,000.00 to $2,500.00 MOTION SECOND AYES Spurgeon Barrera Spurgeon,
Barrera,
Mayor
Beyer,
Coontz, Murphy
Moved to
reduce Holiday Decorations from $1,500.00
to $250.00 MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer,
Coontz,
Murphy
Moved
to reduce
the Police
Color Guard Uniforms from $1,250.00
to $1,000.00 TOTAL ESTIMATED SAVINGS - $25,560 CITY MANAGERS OFFICE DATA PROCESSING MOTION SECOND
AYES Murphy Coontz Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy 1. Moved
to
reduce
the
local training,
conference and
meeting expenses to $2,500.00 MOTION
SECOND AYES Murphy Mayor Beyer Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy 2. Moved to initiate
negotiations
as
soon
as
possible with CMSI
for possible cost savings. This is to
investigate and evaluate the level of services, and to review alternatives. (Savings to be determined. )MOTION SECOND
AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 8
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPORTS (Continued)
3. Moved to reduce the "all City travel budget" to $15,000.00. $9,328.00
MOTION
SECOND
AYES
Murphy Mayor
Beyer Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy 4. Moved to
direct the Community Development, Police, Fire and Public Works prepare a report with alternate recommendations
for consolidation of several code enforcement activities of the City to the
degree possible and suggest where code enforcement might be assigned within the city organization by 6-
30-93. (Savings to be determined.)MOTION
SECOND
AYES
Murphy
Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy 5. Moved to
direct staff to make recommendations for creating further economies and efficiencies in the Planning
Division and submit a report to Council by 6-30-93. (Savings to be determined.)MOTION
SECOND
AYES
Murphy
Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy 6. Moved to
direct staff to prepare a report to assess the feasibility of having the Redevelopment Agency report directly
to the City Manager/Executive Director alongwith other recommendations concerning the
reorganization, mission and streamlining of the Agency.Additionally the report
should consider redefining and strengthening relationships with the Chamber of Commerce
and the Orange Housing Development Corporation. This report should be submitted by
7-31-93. (Savings to be determined.)PARTIAL
ESTIMATED SAVINGS - $11,828.00 GENERAL SERVICES
MOTION SECOND
AYES
Coontz
Mayor
Beyer Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy 1. Moved to retain the
General Services Director until his retirement, no later than 12-31-93, to assist in the
transition of the elimination of the General Services Department.MOTION SECOND AYES
Coontz
Murphy
Spurgeon,
Barrera, Mayor
Beyer,
Coontz, Murphy Page 9
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPORTS (Continued)
2. Moved that effective July 1, 1993, eliminate the General Services Department and assign its
functions as follows: $70,000.00
Purchase, inventory and warehouse - Finance Department Phone
system management - Community Services Vehicle maintenance -
Public Works Building repair and
custodial services - Community Services NOTE: Mayor Beyer reported
he has been working with a committee from the school district discussing the possibility of
the City and school district working together on vehicle maintenance.The committee will present
cost estimates.MOTION SECOND AYES Coontz
Spurgeon
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
3. Moved to investigate the privatization and/
or joint use of our print shop operation and report back to Council by 6-30-93. (
Savings to be determined)MOTION SECOND AYES Coontz Spurgeon
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy 4.
Moved to investigate further options concerning vehicle
maintenance with the school district and other entities, to include the future privatization
of functions for cost savings and solicitation of outside revenues. (Savings to be determined.)MOTION
SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor
Beyer,
Coontz,
Murphy
5. Moved
to investigate
the privatization of custodial services and report
back to Council by 6-30-93.PARTIAL ESTIMATED SAVINGS - $70,000 CITY ATTORNEY MOTION SECOND
AYES
Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer,
Coontz, Murphy
Page
10
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPORTS (Continued)
Moved to direct the staff to notifY landlord that the City will not renew the lease on the Holland
House. $60,000.00
PARTIAL ESTIMATED SAVINGS - $60,000.00 PERSONNEL
MOTION
SECOND
AYES
Coontz
Spurgeon Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved to discontinue the
REACH program and have the Crisis Intervention Counselor in the Police Department assume those
activities. $20,000.00 MOTION SECOND AYES Coontz
Spurgeon
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
Moved that the City Manager report to
Council on savings to be realized on shifting the liability claims management function from the City Attorney'
s Office to the Risk Manager in the Personnel Department. $11,000.00 TOTAL ESTIMATED SAVINGS - $
31,000.00 LIDRARY
MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera,
Mayor
Beyer,
Coontz,
Murphy
L Moved
to direct
the Director of Community Services to assume
overall management responsibility of the Library Department while still maintaining two separate departments.
It is anticipated that a new Library Director would be hired sometime in
the future when funds are available. $80,000.00 MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy
2.
Moved
to
combine the
staffs ofthe
Taft and EI Modena branches to assure
the Main Library hours are restored to 52 hours per week. $40,000.00 Page 11
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPRTS (Continued)
MOTION
SECOND
AYES
Coontz Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy 3. Moved
to reduce the library materials budget by $75,000.00.MOTION SECOND
AYES
Coontz
Barrera
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy 4. Moved to direct staff
to investigate ways of reducing the automated library system cost and report to Council no later
than 9-30-93.MOTION SECOND AYES
Coontz
Barrera
Spurgeon,
Barrera, Mayor
Beyer, Coontz,
Murphy 5. Moved to close the Santiago
branch, effective 7-1-93. $128,000.00 MOTION SECOND AYES Coontz
Murphy
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
6. Moved to investigate contracting out cataloging
and processing activities and related reductions in staffby 6-30-93. $100,
000.00 MOTION SECOND AYES Coontz Barrera
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy 7.
Moved to direct that a report be
prepared regarding the feasibility of transferring the technical services division to the basement of the former
Bayview building, subject to a decision on #6 above.MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera,
Mayor
Beyer,
Coontz,
Murphy
8. Moved
that if
privatization of technical services occurs, consider feasibility
of using Bayview basement for a community room which would free up space at
the main library.PARTIAL ESTIMATED SAVINGS - $493,000.00 The following people spoke in
favor of hiring a Library Director instead
of placing the Library under the direction of the Community Services Director.Page 12
CITY COUNCIL MINUTES MAY 25, 1993
8. ADMINISTRATIVE REPORTS (Continued)
George Gorham, 1042 W. Palmyra Ave.
Nora Jacob, 792 N. Grand St.
Dick Cramer, 23046 Avenida Carlota, Laguna Hills, Manager of the Santiago Hills Center,
indicated the new owners of the center are willing to negotiate a new lease for the Santiago Hills
Branch Library. The City Manager indicated the library will close July 1, 1993.
COMMUNITY SERVICES
MOTION
SECOND
AYES
Coontz Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy 1. Moved to
direct that a report be prepared concerning the feasibility of privatizing park and median maintenance activities
by 6-30-93. (Savings to be determined.)MOTION
SECOND
AYES
Coontz
Murphy Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy 2. Moved to investigate
alternative uses for the Ainsworth House.FINANCE MOTION SECOND AYES
Coontz
Barrera
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
Moved to direct staff to analyze our
present chart of accounts to update and streamline where appropriate to achieve better fiscal management and
clarification of responsibilities in conformance with generally acceptable accounting practices. Report
to Council by 12-31-93.CONSENT CALENDAR ITEM 2.7 -
PRIVATIZATION OF STREET TREES Approve and authorize the privatization of
the Street Tree section and award a contract to West Coast Arborist, Orange, CA., in the
amount of$395,100.00; and waive the formal bid process in accordance with Orange Municipal Code 3.
08.140. (Estimated cost savings of$318,000.00.)The Director of Community Services commented
on the impacts to the employees and the department.Pat Mahoney, 2467 Shady Forest,
Orange,
owner of West Coast Arborist, indicated the company will be offering full time employment
to those city employees that are being laid off, with the same current pay rate.Page 13
CITY COUNCIL MINUTES MAY 25, 1993
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Spurgeon Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to approve
the privatization of the Street Maintenance Program in concept, and authorize staff to commence
negotiations for an agreement.TOTAL ESTIMATED SAVINGS - $
2,028,089 Bob Bennyhoff, 10642 Morada
Dr., asked if the public would have an opportunity to voice their suggestions and concerns about
the items discussed in this report.The City Manager commented
Council's action today is a direction to staff to provide a budget document to be reviewed
and commented on by everyone at the June 15, 1993 public hearing.6.2 Report on
Water Rates and Proposed Water Rate Adjustment Indicator. TAPE 3420 C2500.P)The Water
Division Manager
reported water rates were adjusted two years ago. Since that time,the Metropolitan Water District
has increased the price of imported water by 47.5%. Also the Orange County Water District
has increased the Replenishment Assessment on groundwater production by 73.5%.
These two water production cost increases are resulting in increases (and a corresponding deficit) in the
1993-94 Water Budget of approximately $I.l million.Tomaintain the
financial health and integrity of the Water Fund by generating an additional $1.1 million in revenue
from water sales to offset these water cost increases, it is recommended the water rates be
increased by 10%, effective July I, 1993.RESOLUTION NO. 8188
A Resolution of
the City Council of the City of Orange establishing new rates and charges for water supplied by
the City's Water Department.MOTION SECOND AYES
Murphy
Barrera
Spurgeon,
Barrera, Mayor
Beyer, Coontz,
Murphy Moved that Resolution No. 8188 be
adopted and same was passed and adopted by the preceding vote with the following revisions: Under
the second whereas, Line item 2, "Future rate adjustments indicated by a water rate
adjustment indicator of greater than I %, calculated and implemented on an annual basis, will
trigger a public hearing for consideration of water rate adjustment. "7. REPORTS FROM CITY MANAGER -
None
Page 14
CITY COUNCIL MINUTES MAY 25, 1993
8. LEGAL AFFAIRS
8.1 ORDINANCE NO. 6-
93 An Ordinance of the City Council of the City of Orange amending Section 17.06.020 of
the Orange Municipal Code and approving the reclassification of property situated directly adjacent
to and north of Santiago Creek and south ofMabury Avenue between Lassen and Orange
Park Boulevards. (ZI500.
0)Zone Change
1146-93 Applicant: Hanson Properties
West,
Inc.
MOTION
SECOND
AYES Murphy
Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
That Ordinance No. 6-93 have second reading waived and adopted and same was passed
and adopted by the preceding
vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 10. ORAL
PRESENTATIONS Alice Clark, 205 N. Pine Street, commented Council is now getting serious about the
budget.Jack Payne, 807 E. Adams, reported the residence at 747 E. Adams is in violation of the
newly passed ordinance prohibiting certain types of businesses in a residential area. The Director
of Community Development was instructed to followup on the
complaint.Carol Walters, 534 N. Shaffer, commented there was a mistake on the Planning
Commission Agenda regarding downzoning. These mistakes should not happen. Ms. Walters felt
the downzoning issue should go on the
ballot.ll.
RECESS The City Council recessed at5:30 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. County of Orange, Orange County Superior Court Case No. 68 18
89.City of Orange vs. DLO Securities, et aI., United States District Court Case No. SACV 92
498
GLT.Serrano Irrigation District vs. City of Orange, Fourth Appellate District CO
11667.b. To confer with its attorney to decide whether to initiate litigation pursuant to
Government Code Section 54956.9(
c).Page
CITY COUNCIL MINUTES MAY 25, 1993
RECESS (Continued)
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 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.
NOTE: The Study Session was cancelled.
7:00 P.M. SESSION
12. INVOCATION
Bobbie Druilhet, Coordinator, Sister Cities Association
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS
12.3 INTRODUCTIONS
12.4 PROCLAMATIONS
12.5 PRESENTATIONS
13.PUBLIC HEARINGS TAPE 4760
13.1 1993-94 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CITY
OF ORANGE: (C2500.G.1.
3)Time set for a public hearing on petition by the City of Orange to consider
funding recommendations and receive public comment regarding the City of Orange 1993-
94 Community Development Block Grant (CDBG) Program. The City proposes to allocate $1,116,000.
00 of current year fundsand $648,323.00 of prior year's carryover CDBG funding to a
variety of community
development activities.Council discussed scheduling a study session to discuss previous years and funds
that were allocated to different organizations, with close attention to the funding requirements.
The public hearing will be rescheduled
and renoticed.
CITY COUNCIL MINUTES MAY 25, 1993
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to adjourn
this item to a Study Session, date to be announced. Committee members to be present.TAPE 4911
13.
2 APPEAL
NO. 410, CONDITIONAL USE PERMIT 2004-93, DOUG MANISTA:Time set
for a public hearing on petition by Doug Manista to appeal the decision by the Planning Commission on
April 5, 1993 denying Conditional Use Permit No. 2004-93 to allow an automotive
retail accessory and service facility in the C-l (Limited Business) zone. Subject
property is located at 4935 East Chapman Avenue. (A4000.0)
NOTE: In compliance with the California Environmental Quality Act (CEQA) Guidelines,
Negative Declaration 1423-93 has been prepared for this
project.APPELLANT STATES THE FOLLOWING REASONS FOR THE
APPEAL:Gentlemen: Please accept this letter as our client, Doug Manista's request for appeal to the
City Council of the above-referenced applications which were denied in spite of strong staff
support of the project by a two to two vote of the Planning Commission. Gregory D.
Bennett, Architect,Donley-Bennett Architects
for Doug Manista. "MAYOR BEYER OPENED
THE PUBLIC HEARING.The Director of Community Development reported the Planning Commission had a
split vote, and the pros and cons were explained. The automotive facility would include seven
service bays with 1870 sq. ft. retail sales area. The applicant proposes the facility be opened from 7:00
A.M. to 7:00 P.M., seven days a week. Parking exceeds code. There are two access
points: one on Chapman Avenue and a driveway at the rear of the property that
accesses Rancho Santiago Boulevard and the signalized Rancho
Santiago/Chapman intersection.
Speaking in favor:
Doug Manista, appellant Alice Clark, 205
N. Pine St.Carol Walters, 534
N. Shaffer St.Greg Bennett, 14772 Plaza Dr., Tustin, Donley-Bennett Architect, Architect'
s for the project Gary Kline,
483 E. Grove St.Steve Donley, 14772 Plaza Dr., Tustin, Donley-Bennett Architect,
Architect's for the project Tim Briley, 29 Via Lavendera,
Manager of the proposed facility James
Markum, 7916
CITY COUNCIL MINUTES MAY 25, 1993
13. PUBLIC HEARINGS (Continued)
Their concerns were expressed as follows:
Mr. Manista indicated the business is family owned and he will be on the premises 6-7 days
a week. The business will have 14-20 full time employees. The project has been approved
by the Design Review Board. The design of the project is sensitive to the Montessori School
and creates a positive barrier between the school and Circle
K store.Mr. Manista submitted petitions, with approximately 248 signatures in favor and
128 in opposition. There are special features to provide isolating the noise within the
building. The compressor would be isolated 210 ft. away from the
nearest property.The appellant has agreed to a great number of conditions and is happy
to comply.If someone is willing to invest their money and meet all conditions, the project
should
be approved.There is a great need today for productive businesses in the City of Orange because
of the revenue that
is generated.Mr. Bennett remarked the bays open toward the Russian Bakery and the Feed and
Tack Store which allows the sound to be dissipated through a block wall. The impacts of the
noise created on the site are less than the noise created by the school. Mr. Bennett distributed
petitions
to Council The following people spoke
in opposition:Ruby Maldonado Kobayashi, 321 Prospect Park South, Tustin, speaking for her parents
who live at 19101 Center St., petition in opposition was included in Council'
s packet John Delgado Sr., 18971
Pearl St.Steve Weitz, 4900 E. Chapman, #103, submitted letter
of concern Dan Slater, 278 N.
Pine St.James Markum, 7916 E. Lakeview Trail, owns Circle
K Store Jim Mead, 19062 E.
Center St.Their concerns were expressed
as follows:The City needs the business, however it does not make good planning sense to allow this
type of automotive business east of Rancho Santiago because of the school next door, and an area
that is primarily residential. There is a convalescent
hospital nearby.There is no special need for this repair shop because there are already 17 in
the area.The seven service bays, and the compressor will create a noisy operation, and the
applicant could not mitigate the noise levels. The circulation is very poor. There have been accidents
at
this location.Children would cross Rancho Santiago to go to school, and concern for their safety
was voiced.Council discussed hours of operation, traffic and noise problems. Mr. Manista
commented he purchased a sound monitor to be certain the work can be done within the
restrictions. Mr.Manista will comply with any hours
of operation.
CITY COUNCIL MINUTES MAY 25, 1993
13. PUBLIC HEARINGS (Continued)
THERE BEING NO FURTHER COMMENTS, THE MAYOR CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Murphy Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to accept
the findings of Negative Declaration 1424-93 as being in compliance with the California Environment
Quality Act.MOTION SECOND
AYES
Murphy
Coontz
Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved to approve Conditional
Use Permit 2004-93 subject to the added or amended conditions:mirrors as installed
and shown in the drawing with bay I and parking space 31; hours of operation on Sunday be
restricted to not open before 10:00 A.M. and close no later than 5:00 P.M.; sound tests by a
certified acoustical engineer paid by the applicant occur on the first day of business operation followed by
a subsequent test six months into operation to certifY operation within acoustical requirements; and
that stereo, car alarm and car phone installation and sales not be permitted at the
facility.TAPE (2) 680
13.3 GENERAL
PLAN AMENDMENT 3-93, ZONE CHANGE 1159-93, CITY OF ORANGE
ON BEHALF OF 29 PROPERTY OWNERS:The
public hearing on petition by the City of Orange to consider a request to change the zoning for
29 parcels from R-I-6 (Single Family Residential) to R-2-6 (Residential Duplex, 6,
000 sq. ft.minimum lot size) has been continued from May 11, 1993 to this
time. General Plan Amendment 3-93 to redesignate the site from Low Density Residential (
2-6 dwelling units per acre) to Low-Medium Density Residential (6-15 dwelling
units per acre). The subject property is 29 parcels that total 8.76 acres in area that are located
primarily along the south side of Culver Avenue, north of Chalynn Circle, west of Cambridge
Street and east of Shaffer Street. Properties are addressed as follows: 504 to 816 E. Culver Avenue (
even numbers south side of the street),406 to 444 S. Cambridge St. (even numbers west side of the
street), 425 to 447 S. Shaffer St.odd numbers east side of the street) and the 400 block ofS. Pine
St., parcels 2 and
3 (810 E.Culver Subdivision). (C2300.E)NOTE: In compliance with
the California Environmental Quality Act (CEQA) Guidelines,Negative Declaration
1425-93 has been prepared for this project.Councilman Spurgeon disqualified himself due to
a conflict
CITY COUNCIL MINUTES MAY 25, 1993
13. PUBLIC HEARINGS (Continued)
MAYOR BEYER OPENED THE PUBLIC HEARING.
The Administrator of Advanced Planning gave the presentation which included descriptions of
surrounding parcels and land use. The area in question is Area E of the Old Towne Rezoning
requests. The proposal by Mr. Zehner and 19 property owners of23 of the parcels within the
area is to change the zoning from R-I-6 to R-2-6, without
the RCD (Residential Combining District) overlay. Of the 26 structures, 18 are contributing historic structures. 9
of the 29 parcels have lot areas less than 6,000 sq. ft. The average lot on Culver Avenue is 66 ft.
wide and 310 ft.long and is 19,866
sq. ft. in area.The Public Works Department estimated the current infrastructure system in
place is adequate to support the existing development densities at buildout, which includes
all forms of utilities.Through traffic is expected to increase in the area and the streets are
adequate to sustain the existing
or the proposed zoning.A letter was received by the City Attorney from an attorney
representing Old Towne Preservation Association regarding CEQA and historic preservation issues. Planning staff
is attempting to deal with this by establishing a Master Environmental Assessment for the
entire Old Towne area.A letter was received by staff from Shannon Tucker regarding
the Negative Declaration and expressing concern about the utility system and traffic circulation
in cumulative impact issues.The Planning Commission denied the project due to creation of
potential impacts of traffic,parking and overbuilding of property; removal or modification
of existing historical structures;impacts on substandard sized parcels; lack of
detailed environmental information; and development opportunity on larger Culver Avenue parcels
based on existing zoning.The following
people spoke in favor:Ralph
Zehner, 630 E. Culver Mark ArtIe, 536 E. Culver, speaking for parents
at 526 E. Culver Carole
Walters, 534 N. Shaffer Herb
Runnells, 816 E. Culver Matt
Runnells, 816 E. Culver Mike
Keller, 632 E. Culver Eileen
Hertfelder, 720 E. Culver Kin
Brimlow, 652 E. Culver Kevin
Hertfelder, 720 E. Culver Corinne
Schreck, 446 N. James Bill
Leming, 2720
CITY COUNCIL MINUTES MAY 25, 1993
13. PUBLIC HEARINGS (Continued)
Their concerns were expressed as follows:
Ralph Zehner commented on the following information he distributed to Council containing a
petition with approximately 22 signatures in favor ofR-2-6, with no RCD overlay;
colored charts and maps of the parcels and area; petition with 34 signatures in favor ofrezoning
to R-2-6;Orange Municipal Code Section 17.26.010 and.030; letters from
Susan Tully, Code Enforcement Specialist for the City regarding overcrowding issues; letter from
Alfred Gobar Associates, Multi-Family Housing Development on Old Towne Homesite; letter from
Shannon Tucker to Jack McGee, Director of Community Development regarding
Negative Declaration 1425-93; realty information for the area; excerpts from the Historic
Preservation Element; and other pertinent information. (part of the informational package
was discussed under rebuttal comments.)The neighbors in this area want the same
rights as their neighbors have.If people build in their backyards you won't notice it. The property
owner
should get what they want.None of the owners have plans to build now, but want the right to
do so in the future.There is no hardship for the City if this is approved; it will generate
taxes and revenue because
of building permits being issued.There is a need for affordable housing. The specific plan for the
depot area is proposing high density and this is
located a short distance away.R-2 will bring the parcels in conformity with their neighbors
with the highest and best use.
The following people spoke in opposition:
Duane Raney, 368 S. Cambridge St.
Kathy Jenni, 413 S. Orange St.Shannon and Frank Tucker, 556 E. Culver, distributed
pictures depicting a backyard view from
second story structures in the
area.Patricia Ricci, 618 E.
Culver Scott McReynolds, 504 S. Grand Dan Slater, 278 N. Pine, read letter from Greg
and Carla Rey, 546 E.
Culver Kathy King, 222 W. Palmyra
Their concerns were expressed as follows:Concern with the safety of the community. High density is
proven to cause crime. Gangs
and taggers will pose more problems.Concern expressed regarding the capability of the sewer
system, if additional units are built.This request should be turned down for the same reasons
the La Veta
widening was denied-increase in traffic.Concern about not knowing what will happen 10-15
years from now -
what will the neighborhood look like?If total buildout occurs it will severely impact the schools and
traffic
in the
CITY COUNCIL MINUTES MAY 25, 1993
13.PUBLIC HEARINGS (Continued)
Mrs. King distributed the latest statistic from the Police Department on burglary. District No. 22
from Chapman, Glassell, Batavia and LaVeta has the highest incidence of burglaries because of
the high density. Cannot have multiple use without the consequences.
REBUTTAL - Mr. Zehner commented that he is a contractor, but has no ulterior motive.Further
rebuttal comments were presented as they related to information distributed to Council.Shannon
Tucker explained the goal of the letter from the attorney was to seek out compliance under
State law with regards to CEQA but also State planning and zoning law as mandated. The specifics
outlined in the letter were relative to different issues involving different projects that were
current and presented to the lawyer. These projects were used as examples in explanations of
noncompliance, which had nothing to do with this specific project.THERE
BEING NO FURTHER COMMENTS MAYOR BEYER CLOSED THE PUBLIC HEARING.
Council
discussed the concerns ofthe neighborhood from a maximum density standpoint. On some
of the lots there is flexibility to develop and not impact the neighborhood. Maintenance of the
streetscape is important, and it has not been brought up by anyone to modify the streetscape.The
zoning should be studied on a lot by lot basis, and the owner of the lot should decide on how their
lot should be configured within the ordinances that are in place. As long as these lots are not uniform,
why should they be rezoned to a zoning opportunity that does not exist. Some of the parcels
could be difficult and the neighbors could work out reciprocal driveways.Further
discussion from Mayor pro tem Barrera, if zoning R-2 would benefit most of the people
and the ones that go through the process could come back for their administrative adjustments or
what they need, he would like to see it zoned R-2 and the properties that are difficult
parcels come back for help and suggestions to bring them into conformity with their
neighborhood.The Director of Community Development reported the department is working on the
Master Environmental document, however it will not be available within a short time frame.
Information could be gathered on short notice for an individual
site.Councilwoman Coontz commented, "Unless the Council has at it's disposal all the
possible requirements, I don't think just to make the job easier, we can make what I would consider
a political decision, not a good zoning decision, and say, yes, we will zone it R-2 and then
go back later and try to figure how we will make
it work. "RECESS - The City Council recessed at 10: 15 P.M. and reconvened at 10:20 P.
M.Page
CITY COUNCIL MINUTES MAY 25, 1993
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
NOES
ABSENT
Barrera Mayor
Beyer Barrera, Mayor
Beyer, Murphy Coontz Spurgeon Moved
to accept
Negative Declaration
1425-93.MOTION SECOND AYES NOES
ABSENT
Barrera
Mayor
Beyer
Barrera,
Mayor Beyer,
Murphy Coontz Spurgeon
Moved to approve General Plan
Amendment 3-
93 and
Zone Change 1159-93.14. PLANNING AND ENVIRONMENT - None 15. ORAL
PRESENTATIONS Shannon Tucker, 556 E. Culver,
remarked, "In relation
to this issue, but not specifically on it, I would like you to know that you have
violated CEQA tonight and you will be hearing from our attorney. You should be aware you cannot change
zoning up the environmental impacts without addressing them individually."Ralph Zehner thanked Council.16.
ADJOURNMENT MOTION SECOND
AYES ABSENT Mayor Beyer
Barrera Barrera,
Mayor
Beyer,
Coontz,
Murphy
Spurgeon Moved to
adjourn at
10:30 P.M. to an
Adjourned Regular
Meeting, June 1, 1993 at 3:30 P.M. to Closed Session to discuss labor relations; and then to 5:30 P.
M. in the Weimer Room with the Planning Commission regardingthe Capital Improvement Program.C~A1u.#t(J, w.
u.1 CASSANDRA CATHCART, CMC DEPUTY CITY
CLERK Page23