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06-22-1993 Council MinutesAPPROVED BY CITY COUNCIL CITY COUNCIL MINUTES OF A REGULAR MEETING ON JULY 13, 1993 ORANGE, CALIFORNIA JUNE 22, 1993 The City Council of the City of Orange, California convened on June 22, 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 Adjourned Regular Meeting June 7, 1993 MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved,Regular Meeting June 8, 1993 MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved,1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR 2,1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of June 22, 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.PAGE 1 CITY COUNCIL MINUTES JUNE 22, 1993 2. CONSENT CALENDAR (Continued) 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands, ACTION: Approved, 2.3 Request approval to award Bid #923-19 to F. 1. Johnson, Inc, in the amount of 75,673,00 for the installation and modification of traffic signals and safety lighting at the following locations within the City of Orange and reject all other bids: (A2100.0, Agr 2092)I) Canyon View Ave, at HandyCreek! Aspen Rd,2) Santiago Blvd, at Meats Ave,FISCAL IMPACT: Funding for the anticipated work has been budgeted for the 1992-93 fiscal year, provided through Capital Improvement Program and Assessment District #86-I funds. Appropriate $57,273.00 from Assessment District #86-1 and place in fund #590- 5013-483100-6084,ACTION: Approved.2.4 Approval of Commitment Letter for Air Quality Transportation Measures, (OC1300.B. 1)FISCAL IMP ACT: None,ACTION: Approved,2,5 CLAIM FOR DAMAGES FROM: (C3200,O)Jennifer Taber FISCAL IMP ACT: None,ACTION: Denied claim and referred to City Attorney and Adjuster.REMOVED AND HEARD SEPARATELY)2,6 Request approval of agreement with Lewis R Crouse to provide legal services in Municipal Court on an as-needed basis in connection with misdemeanor and infraction violations of the Orange Municipal Code, (A2100,O,Agr 1715,B)FISCAL IMP ACT: Proposed contract costs for 1993-94 are projected not to exceed 20,000.00,The City Attorney was asked for clarification of this item. It was eXplained that Mr.Crouse was contracted at $50,00 per hour with no charge for down time,MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, CITY COUNCIL MINUTES JUNE 22, 1993 2. CONSENT CALENDAR (Continued) ACTION: Moved to approve and authorize the City Attorney to execute the contract on behalf of the City, 2,7 Request Council consider request from Pacific-Ridge Partners for mass grading permit to grade the remainder of Tentative Tract 12082, (T4000, O)FISCAL IMPACT: None,ACTION: Approved with conditions,2,8 Request authorization to reject all bids received for Bid Number 923-21, furnish and install roof at Finance Building. Bids received were over budget. Project will be rebid. B4100.0.)FISCAL IMPACT: None at this time, ACTION: Approved,2.9 Authorize the award of Bid Number 923-18, Hypalon Liner - Water Plant Forebay, to CW, Neal Corp" Santee, California in the amount of$43,753,OO, (A2100,O, Agr,2093)FISCAL IMPACT: Sufficient funds are available in Account #601-8061-484400-8210 Water Plant Reservoir Lining) and #600- 80410424101 (Maintenance of Reservoir) ,ACTION: Approved,2,10 Recommend Council authorize payments by the Orange Redevelopment Agency to program participants under Phase I of the Seismic EngineeringReport Purchase Program,C2500.0,G.4)FISCAL IMPACT: Funds in the amount of$100,562. 00 to cover payments to approved participants are allocated and available in Account #928- 9815-465802- 9153 Rehabilitation Grants - Seismic Loan Program),ACTION: Approved,REMOVED AND HEARD SEP ARA TEL Y)2.11 Authorize the award of Bid Number 923-22, Landscape Maintenance Service for Santiago Hills Assessment District #86-2, to Southern Counties Landscape, Anaheim, California in the amount of $117,000,00 and reject all other bids.FISCAL IMPACT: Sufficient funds are available in Account #291-7021- 424301.Barry Konier, 1161 N. Coyote Lane, Orange, representing Landscape West, commented the contract was bid in 2-parts; the base bid included all landscaped areas around Santiago College, Landscape West was low bidder in the amount of $26,400.00, Southern Counties Landscape bid $ CITY COUNCIL MINUTES JUNE 22, 1993 2. CONSENT CALENDAR (Continued) City if the bid could be awarded separately, However, city staff has elected rather than separating the two bids, to award the contract to one contractor. The alternate section included all landscaping in the Assessment District south of Chapman between Newport and Jamboree, and Southern Counties Landscape was low bidder at $79,000,00, Landscape West was not the low bidder on that portion. If the bids were awarded separately, the City could save approximately 10%, The Landscape Assessment District Coordinator eXplained the bid process and remarked the intention was not to segregate the bid, but to create a base and alternate in the event that City forces would be utilized in the landscaped area, Council discussed continuance of the item to discuss what the implications would be if the bid was awarded in two parts; policies of the department, how the bid was proposed and the wording, MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to continue this item to July 13, 1993,3:00 P.M, Session.2,12 Request for red curb markings on both sides of the driveway located at 938/1010 W.Barkley Ave, (S4000, S.3,l.1)FISCAL IMPACT: The department's normal operating budget provides for this type of work in the # 250 Traffic Safety funds,ACTION: Approved,REMOVED AND HEARD SEP ARATEL Y)2,13 Amendment to the layoff list approved by Council on April 13, 1993 to retain a 19 hours/week Librarian I. (C2500JA)FISCAL IMPACT: Approximate savings of$19,500,OO MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to incorporate this item with the budget discussions.REMOVED AND HEARD SEP ARA TEL Y)2,14 Amendment to the layoff list approved by Council on April 13, 1993 to restore 16 hours a week of Administrative Secretary in the City Clerk's office to partially replace the eliminated full-time position of City Council Secretary, (C2500,J.4)Page 4 CITY COUNCIL MINUTES JUNE 22, 1993 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: $18,817,00 annually from the General Fund. Alice Clark, 205 N. Pine, asked if Council had intended to do this all along, Council discussion ensued relative to the loss of their Secretary and a Secretary in the CityManager's Office, but did not know the magnitude of the work. This position needs ajobdescriptionandprocedures, The lobby area is now vacant with no secretaries that are close, The possibility of having the secretary manage the volunteers was discussed as partoftheproposal, and is to be included in budget discussions. MOTION - Murphy SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to incorporate this item with the budget discussions,MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2,6, 2,11, 2. 13 and 2,14 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 TAPE 600 3,1 Establishment of Ad Hoc Committee for the Ficus Tree in the Lucky Shopping Center and appointment of the following people: (Termstoexpire6/30/95) (ORI800,O,15.5)John French Jess Garcia Bill Cathcart DaleRahn MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve ad hoc committee, appointees and to include Mike Mahoney.4, REPORTS FROM COUNCILMEMBERS _ None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS _ None Page 5 CITY COUNCIL MINUTES JUNE 22, 1993 6,ADMINISTRATIVE REPORTS TAPE 634 6.1 To provide a formula and establish a fee to be added to all categories of monthly Sanitation and Sewer System charges set forth in Section 13.60,020 of the Orange Municipal code. Also to provide public testimony as provided for in Section 66016 of the California Government Code. (Report on file in the City Clerk's Office.) (C2500.M.3) FISCAL IMP ACT: Increase in revenue to offset Capital Expenditure for construction of a Materials Recovery Facility (MRF), Fund 220 (Sanitation), The Street Superintendent presented the report explaining a $2.25 per month per billing unit charge would be required to meet the repayment of the principal and interest on the 6,5 million dollar loan which Orange Disposal had obtained, The surcharge is based on the total amount required during the year to be paid back, divided by the total number of billing units. As the number of billing units increase, the surcharge will decrease, Any excess money collected will be used to reduce the operating cost of trash and disposal service, It is not anticipated that the City will collect excess funds, The sunset date will be in the year 2003, Bob Bennyhoff, 10642 Morada Dr., asked who would own the facility? If Orange Disposal ceases to do business, or another company is awarded the contract to pick up trash, what happens to the facility? The Street Superintendent indicated Orange Disposal Service would own the facility. During the first ten year period if Orange Disposal ceases to do business and the transfer station ceases, the City has first right to acquire and the City will only acquire land because it already has control of the buildings. After that period of time the land and building would be based on an appraisal of property, but the City would still have first right to acquire and to operate or get a new contract. Moralla Hammer, 839 S, Oakwood Street, asked if the $2,25 was in addition to the $3,00 already paying for the trash bins? The Street Superintendent explained the billing process, ORDINANCE NO, 7- 93 An Ordinance of the City Council of the City of Orange amending Section 13,60.020 of the Orange Municipal Code to establish a surcharge of monthly sanitation and sewer system charges based upon the cost to construct and equip a Materials Recovery Facility, MOTION SECOND AYES Barrera Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No, 7-93 have first reading waived and same was set for second reading by the preceding vote,TAPE 1240 Page 6 CITY COUNCIL MINUTES JUNE 22, 1993 6. ADMINISTRATIVE REPORTS (Continued) 6,2 Council consideration of approval to transfer $29,456.47 from various fiscal year 1992- 93 Police Department accounts, including $11,925.00 from salary accounts, to fund various operational costs. If approved, to consider whether or not to carry forward unspent appropriations resulting from the proposed transfers into fiscal year 1993-94. (Copy on file in the City Clerk's Office,) (C2500. K)Police Captain Richards reported the expenses included: additional training, which will be P.O.ST reimbursed, fencing for major crime scenes, a walk-in freezer for evidence and the pre-employment psychological testing. It was further requested that any unspent funds at the end of the fiscal year be carried forward into the next fiscal year to cover office supplies which were underestimated due to the elimination of the proposed optical disk program,Council discussed the request for office supplies be discussed during the budget process, with backup provided, MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the transfer, not to exceed $29,456.47 from various fiscal year Police accounts to fund various operational costs, not to include office supplies, but to include the other items stipulated in the report, and the office supply item be continued for further report for backup information.6.3 JOINT PUBLIC HEARING, INTERIM 1993/94 FISCAL YEAR BUDGET, CITY OF ORANGE:Time set for second joint public hearing with the Orange Redevelopment Agency to consider the adoption of an interim 1993/94 Fiscal Year Budget, and Resolution No, 8195 adopting a limitation on certain appropriations in accordance with Article XIII of the State Constitution,NOTE: Council ordered this to be heard at 7:00 p.m. Session under item 13. 4,C2500.J.l. l)6.4 UTILITY TAX:Time set for second public hearing to consider the adoption of a Utility Tax on the use of telephone, cable T,V., electricity, natural gas, water, sanitation and sewer services (" Utility Services") proposed by the City Manager. (Continued from 6-15- 93,) NOTE: Council ordered this to be heard at 7:00 p.m. Session under item 13.5. ( T1100.0.3)6.5 PROPOSED BUSINESS LICENSE TAX ON THE RENTAL OF RESIDENTIAL DWELLING UNITS, CITY OF ORANGE:Time set for second public hearing to consider the adoption of a Business License Tax on the business of renting residential dwelling units within the City of Orange as proposed by the City Manager as follows:Page7 CITY COUNCIL MINUTES JUNE 22, 1993 6, ADMINISTRATIVE REPORTS (Continued) I. Proposed tax rate would be $25 per year for one to four dwelling units rented or offered for rental within the City of Orange plus $5 per year for each dwelling unit in excess offour, 2, The Business License Tax would be imposed on the owner of each dwelling unit rented or offered for rental in the City of Orange. 3, The estimated amount of revenue that would be raised annually by the proposed Business License Tax is $80,000, (Continued from 6-15- 93.) NOTE:Council ordered this to be heard at 7:00 p.m. Session under item 13.6. (TllOO. O, 4) MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Items 6.1,6.2 and 6,3 be trailed to the 7:00 P,M, Session as Items 13.4, 13.5 and 13,6, 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS TAPE 1639 8. 1 RESOLUTION NO, 8196 A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges as authorized by the Orange Municipal Code Chapter 3.10,C2500. J.1.0.1)Discussion: The Revenue Manager reported the $300,000,00 estimate of additional revenue has been folded into the 1993/94 budget estimates, Further recommendations will be made to Council on overhead costs and staff time as a reflection of delivering those selVices to the public, Council suggested a process be recommended so that it is outlined how the Departments can track the overhead costs and establish a tracking procedure so they can be kept up-to- date. MOTION SECOND Barrera Spurgeon Moved that Resolution No. 8196 as introduced be adopted and same was passed and adopted by the preceding vote,The above motion was rescinded.MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Resolution No, 8196 be continued to June 29,1993,7:00 P,M. Session to resolve questions asked by Council.Page 8 CITY COUNCIL MINUTES JUNE 22, 1993 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO, 8197 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. (A2100.0,Agr 2027) Bid No, 923- 02 S. J. Burkhardt MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Resolution No, 8197 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTIONNO, 8198 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the reclassification of property situated at the southwest comer of Santiago Canyon Road and Orange Park Boulevard, (ZI500,O)Pre-Zone Change 1157-93 Applicant: City Orange MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Resolution No, 8198 as introduced be adopted and same was passed and adopted by the preceding vote. 8.4 RESOLUTION NO, 8199 A Resolution of the City Council of the City of Orange overruling the recommendation of the Planing Commission of the City of Orange and approving Negative Declaration 1425-93, General Plan Amendment 3-93 and Zone Change 1159-93, (ZI500,O) Zone Change 1159- 93 General Plan Amendment 3-93 Applicant: City of Orange Mayor pro tem Barrera read the following statement: "During the public hearing and Council's discussion on these matters, before final action on the resolution and rezoning ordinance, there is one area that I think needs to be clarified, There were some commitments from the current CITY COUNCIL MINUTES JUNE 22, 1993 8. LEGAL AFFAIRS (Continued) property owners, that they intended to retain existing residence, however, nothing in the documents discusses the public procedures that might be appropriate to ensure retention. Therefore, I would like to move for a continuance of Resolution No. 8199 and Ordinance No, 9- 93 for thirty days to allow the staff to report on this issue," Councilwoman Coontz indicated she had voted no on the proposal, but this was a separate issue, The City Attorney opined that Councilwoman Coontz could vote on the suggested continuance, MOTION - Barrera SECOND - Mayor Beyer AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved to continue Resolution No, 8199 to July 27,1993,3:00 P,M, Session,8,5 ORDINANCE NO, 8-93 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 at the southwest corner of Santiago Canyon Road and Orange Park Boulevard, (ZI500,O)Pre-Zone Change 1157-93 Applicant: City of Orange MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No, 8- 93 have first reading waived and same was set for second reading by the preceding vote,8. 6 ORDINANCE NO, 9-93 An Ordinance of the City Council of the City of Orange amending Section 17.06.030 of the Orange Municipal Code and reclassifYing property situated on the south side of Culver Avenue between Shaffer Street and Cambridge Street and certain adjoining parcels on the east side of Shaffer Street and the west side of Cambridge Street to the R-2-6 classification. (ZI500.0) Zone Change 1159- 93 Applicant: City of Orange Page CITY COUNCIL MINUTES JUNE 22, 1993 8. LEGAL AFFAIRS (Continued) MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved to continue Ordinance No, 9-93 to July 27, 1993,3:00 P,M, Session.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10, ORAL PRESENTATIONS The following people spoke on the flier sent by the Firefighters Union to all the mobile home parks and the senior citizens center threatening senior citizens with no paramedic service due to budget cuts. It was suggested that it was time to turn this operation over to the County,Alice Clark, 205 N, Pine Street and Carole Walters, 534 N, Shaffer 11. RECESS MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Attorney announced Item No, fwas to be deleted,The City Council recessed at 4: 22 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:Steinberg vs. City of Orange, Orange County Superior Court Case No, 70 07 16,City of Orange vs. DLO Securities, et aI., United States District Court Case No, SACV 92 498 GLT.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,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,Pagell CITY COUNCIL MINUTES JUNE 22, 1993 7:00 P.M. SESSION 12. INVOCATION Bob Breskin, Kiwanis Club of Orange 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS The City Clerk swore-in the new Planning Commissioner, Ben p, Pruett. (C2500, G.2, 5.1)13.PUBLIC HEARINGS 2529 13.1 APPEAL NO. 408, ZONE CHANGE 1158-93, ANTHONY H. OSTERKAMP, JR.:The public hearing on petition by Anthony H. Osterkamp, Jr. to appeal the decision by the Planning Commission on March 15, 1993 denying Zone Change 1158-93 to allow the applicant to reclassifY the property from R-I-6 (Residential-Single Family District) zone to C-I (Limited Business District) zone has been continued from May 11, 1993 to this time, Subject property is located at 1049 N, Glassell Street. (A4000,O)NOTE: In compliance with the California Environmental Quality Act (CEQA), Negative Declaration 1421-93 has been prepared for this project.APPELLANT STATES THE FOLLOWING REASONS FOR APPEAL:Appellant's property is currently zoned R-I-6, However, the general plan designation for the property is general Commercial. The present use of the property is a mix oflight commercial and residential. Appellant's application to rezone the property C-l was denied, The properties zone designation remains inconsistent with the general plan and in violation of Governments Code 65860 which mandates that the zone designation be consistent with the general plan, C-I is the most restrictive, least intensive commercial zone available to appellant which is consistent with the general plan's designation of general commercial."The Director of Community Development announced a letter had been received from Anthony Osterkamp and Richard Broadway, Plaza Development, requesting an indefinite continuance on the appeal. The letter stated they wished to develop an application to the City for development of senior citizen housing on the property, When this is presented to Council, the applicant is CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to continue this item to no date certain.TAPE 2574 13. 2 APPEAL NO. 411, CONDITIONAL USE PERMIT NO, 2010-93, DAVID W.CLEMENTS; SANTIAGO CREEK HOMEOWNERS, ET AL:Time set for a public hearing on petition by David W. Clements, Santiago Creek Homeowners, et aI., to appeal the decision by the Planning Commission on April 19, 1993 denying Conditional Use Permit No, 2010-93 to allow the construction of a senior citizen residential development exceeding two stories in height within 120 feet of residential zoned properties. (A4000.0)The site is zoned PC (Planned Community) District and is an irregularly shaped parcel 1.41 acres in size located west of Tustin Street and south of Santiago Creek Channel. It is within the boundaries of the Sycamore Crossing Residential Development (Lot #47 of Tentative Tract Map 14752), NOTE: Negative Declaration 1428-92 has been prepared to analyze the environmental impacts of this project. MAYOR BEYER OPENED THE PUBLIC HEARING, The Director of Community Development announced the following correction on the Agenda, the Planning Commission approved Conditional Use Permit 2010-93, The project is an 83 unit senior housing, with all studio and one bedroom units, They range from 450 to 550 sq, ft, in size with a 50 sq. ft, patio or balcony, The building is three to four stories in height. The south side is adjacent to the neighboring residential properties is the area where the 3 story building will be located, The other two sides of the project are the 4 story buildings, Total height of the four story area is 48 ft" and total height of the three story area is 37 ft, The dimension of the three story building from the adjacent residential property lines is approximately 49 ft,The applicant is requesting a density bonus through the conditional use permit to allow an increase in the number of units on the site, and modification of certain development standards,Twenty-five percent of the units are designated for low income, 21 of the totalS3 units,The following people spoke in favor of the appeal:David Clements, 1521 E. Fairway Bob Siebert, 1308 Fairway Wayne Spring, 1243 Fairway Howard DeCruyenaere, 1825 E. Albion, Santa Ana CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) Their comments were expressed as follows: Mr. Clements, appellant, gave a brief slide presention depicting the height of the 3-4 story building as they relate to surrounding buildings in the neighborhood and area,This project will increase traffic on Tustin, and is a dangerous place for senior citizens to be located,The project should be kept to the standards set by the City regarding height limitations,Concern was expressed regarding privacy for the homes that are next to the project. Screens of some type would ensure privacy to their backyards.This project should be one story; what will stop the developer from going 5 to 6 stories the next time,Speaking in opposition to the appeal:Frank Elfend, Elfend and Associates, Inc" 610 Newport Center Dr., Suite 1290, Newport Beach,representing Santiago Creek Associates Scott R, Dutenhoefer, 1601 Fairway Carole Walters, 534 N, Shaffer Corinne Schreck, 446 N, James Elizabeth Frederick, 491 N, Shaffer Alice Clark, 205 N, Pine St.Their concerns were expressed as follows:Mr. Elfend explained the difference in building height as it relates to the surrounding neighbors and the commercial that was proposed for the site,There is a five year waiting list for senior citizens housing in Orange County,The City of Orange needs senior citizen housing,Senior housing was more needed than commercial.The senior citizens of Orange should get the first chance to rent the units,The Director of Community Development commented no one can be discriminated against as far as Orange senior citizens getting first chance to rent. The restriction on the montWy rents would be $460,00 to $560,00 per month for the affordable,Mr. Elfend commented the traffic generated by this building would be far less than the commercial that was proposed, It was also noted that some type of screening is intended to assist the property owners with privacy,THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING,Page CITY COUNCIL MINUTES JUNE 22,1993 13, PUBLIC HEARINGS (Continued) MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Negative Declaration 1428-92 as recommended by the Planning Commission,MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to deny the appeal and uphold the recommendations of the Planning Commission for approval of this project including all the conditions thereof TAPE 4576 13. 3 1993- 94 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CITY OF ORANGE:The 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 was rescheduled from May 25, 1993 to this date, The City proposes to allocate $1,116,000 of current year funds and $648,323 of prior years carryover CDBG funding to a variety of community development activities, (C2500,G,1.3)MAYOR BEYER OPENED THE PUBLIC HEARING.The Community Development Block Grant Manager presented the following agencies requesting CDBG Funds for 1993/94:CITY DEPARTMENTS REQUEST TOTAL COMMITTEE RECOMMENDATIONS Community Dev,/Economic Dev,Administration Home Impv, Prog,Carryover $ 149,715)Small Business Loan Prog,223, 200 149, 715 223, 200 149, 715 100, 000 100,000 Community Services Graffiti Removal Prog,46,690 31,318 General Services ADA Improvements-Curbs 120,000 ADA Improvements-Parks 56, 650 120, 000 56, 650 Library The Firendly Stop 36,000 34, 000 Page CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) CITY DEPARTMENTS TOTAL COMMITTEE REQUEST RECOMMENDATIONS Police Department Foot Patrol 73,000 73,000 Public Works Sewer Construction 242,000 242,000 Sewer Study 74,000 0 Storm Drain Replacement Proj, 335,500 229,809 Carryover $229,809) Street Reconstruction Proj, 946,425 319,165 Carryover $268,799) Water Replacement Project 155_000 155.000 Subtotal $2,558,180 $1,773,857 NONPROFIT AGENCIES Adam Walsh Child Resource Center 9,500 0 Safety Education Prog, Advanced Resources for Foster Kids 5,000 0 Counseling Center Assessment & Treatment Svcs Ctr 10,000 0 Clinical Salaries Assistance League of Orange 27,000 0 Dental health Center Central Orange County YWCA Fair Housing Program 29,000 0 Project Hope School 9,358 0 Easter Seal Society Car Seat Giveaway Program 3,000 0 After School Program 5,000 0 Eli Home Extension Home Lease 10,000 0 Exchange Club Child Abuse Prevention Ctr of Or County Recruitment & Training of Parents Aides 4,000 0 Fair Housing Council of Orange County Fair Housing Program 17,597 17,597 Page 16 CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) TOTAL COMMITTEE REQUEST RECOMMENDATIONS H,O,M.E,S., Inc, Swidler House Administration Shower Addition of Swidler House 24,928 1,384 o 1,384 Interval House Interval House Crisis Shelters 20,000 o Mariposa Women's Center Substance Abuse Counseling 15,000 o Olive Crest Treatment Centers, Inc, Refurbishment of group homes 17,300 o Orange Children & Parents Together,Inc, Rent Assistance 17,860 o Orange County Youth & Family Svcs 15,000 8,515 Rehabilitation Institute of So, Calif. Carpeting 12,000 o Shelter for the Homeless Group Home Operating Expenses Property Acquisition 20,000 195,000 o o Stop- Gap Therapeutic Drama Workshops at Orangewood Home 2,970 2, 970 Women's Transitional Living Ctr, Inc,WTLC Community Outreach Program Kitchen Remodel Unallocated Public Service Activity Balance 10, 000 51, 205 o o 2, 225 GRAND TOTAL 1,764, 323 The Community Development Block Grant Manager reported the committee reviewed all funding proposals, and gave a high priority to City projects, and considered non-profit agencies, To reduce dependence on CDBG funding, the committee agreed by consensus to recommend that no funding be allocated to non-profit agencies which have received funding for several years in a CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) A letter was received from the Assistance League of Orange requesting $2,225 of contingency funds to fund their program with underprivileged children and dental care, The following people spoke: Beverly Nestande, 1800 E. Heim Ave" representing Olive Crest Guy Conover, 703 E, Grove, in favor of The Friendly Stop David Mendoza, 1922 E, Locust, in favor of The Friendly Stop Daniel Sanches, 213 W. Maple, in favor of The Friendly Stop Nifra A. Duran, 1500 S. Highland #F, in favor of The Friendly Stop Doug Westfall, 1125 W, Palm, in favor of The Friendly Stop Adrienne 1. Gladson, 271 S, Shaffer, in favor of the Friendly Stop Marlene 1. Coult, 18971 Newton, Santa Ana, representing the Assistance League of Orange Judi Skalnik, 126 N, Grant PI, Program Director, Orange Fair Housing Jan Mickelson, 328 N, Glassell, Executive Director, YWCA, in favor of Orange Fair Housing Elizabeth Lee, 2404 E. Nutwood, Fullerton, in favor of The Friendly Stop John Whiteriver, 194 S, Pixley, in favor of The Friendly Stop Alexander Moreno, 706 S, Sycamore, in favor of The Friendly Stop THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the proposed City of Orange 1993-94 CDBG Program as recommended by the CDBG Committee, MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to authorize staff to request and receive $1,116,000 in 1993-94 CDBG funding from the United States Department of Housing and Urban Development, and reallocate carryover from prior years in the amount of$648,323 for fiscal year 1993-94,MOTION SECOND AYES NOES Barrera Spurgeon Barrera, Mayor Beyer Spurgeon, Coontz, Murphy Page 18 CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) Moved that Council consider the Assistance League of Orange carry out their work with the children in the schools, and to use the contingency funds in the amount of $2, 290, NOTE: Councilman Spurgeon seconded the motion for discussion purposes, Council directed the request from the Assistance League be presented to the CDBG committee for a recommendation, following the procedures the other agencies had to comply with, The CDBG Committee would then present their recommendation to Council for approval. TAPE (#2 - 115)13. 4JOINT PUBLIC HEARING, INTERIM 1993/94 FISCAL YEAR BUDGET, CITY OF ORANGE: Time set for second joint public hearing with the Orange Redevelopment Agency to consider the adoption of an interim 1993/94 Fiscal Year Budget, and Resolution No. 8195 adopting a limitation on certain appropriations in accordance with Article XIII of the State Constitution,C2500, J,U)The City Attorney announced this is a required joint public hearing with the Redevelopment Agency that has been continued from June 15, 1993, Any action on the budget may be taken at Council' s discretion, whether partially or fully, Before the end of this fiscal year, some action by Council will be required to appropriate funds before any expenditures can be made,MAYOR BEYER REOPENED THE PUBLIC HEARING.Bob Breskin, Chairman of the Blue Ribbon Advisory Financial Committee, commented the committee is meeting this Monday to wrap up a full report for Council's consideration regarding their findings on the budget. Mr. Breskin spoke on the positive effects of a Utility Tax.The Senior Assistant to the City Manager gave an update on the budget, reduction of workforce which included layoffs and hiring freeze, Wall exhibits were shown that gave statistical examples of budget cutting efforts by the City Council.At this time, the State Assembly and Senate have passed a State budget, however they have not passed all the trailer bills that implement major portions of the budget. The Governor has threatened to not sign the adopted budget until all the trailer bills are approved. If this occurs approval of the budget could go as late as September.Mayor Beyer announced he had talked to Assemblyman Conroy who was fighting hard for all Orange County cities in Sacramento,The City Council adopted the following motion for the Seven Year Capital Improvement Program: Page 19 CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) MOTION -Spurgeon SECOND -Murphy AYES -Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the Seven Year Capital Improvement Program. MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept the finding of the Planning Commission that the Seven Year Capital Improvement Program is consistent with the General Plan, except as specifically noted in the Capital Improvement Program, MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to direct that no funds be expended on inconsistent projects prior to amending the General Plan to ensure consistency.MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to appropriate funds for 1993-94 Capital Improvement projects, with the exception of cooperatively funded projects (Fund 550), whose appropriations are contingent upon the execution of a cooperative funding agreement with other agencies,The following people expressed their comments regarding budget concerns and opposition to the Utility Tax:Cindy Baker, 700 N Tustin, Santa Ana, East Orange County Association of Realtors Carole Walters, 534 N, Shaffer Marilla C, Hamor, 839 S, Oakwood Alice Clark, 205 N, Pine Larry Tax, 1540 E. Trenton, Property Manager, Orange Mobile Home Village Warren Euchler, 241 N, Cleveland Marvin Sobel, 4111 N, Meadowbrook Rosemary Boulden, 337 Chestnut Lynden Swenson, 502 N. Orange Page 20 CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) Their concerns were expressed as follows: If this tax is approved will there be any provisions for a mobile home park tax deduction based on the number of low income exemptions in the park on the utilities? Consider the flight of California business to other parts of the country, due to the high cost of doing business in the City. Exhaust every means of cost cutting before implement a utility tax, Department Heads should keep track of their mobile employees; many are seen wasting time, Violations occur daily, Stop recycling and save the money. The water bill will be raised 10% beginning July 1st, which is an added expense, Small businesses cannot afford another tax, Cut Police and Fire wages by 5% which would bring the deficit down by 2,5 million dollars. Place the Utility Tax on the ballot and let the people vote on it. The City Clerk announced a petition was received from the Community Garden Towers with approximately 206 names in reaction to the Fire Department Paramedic flier. The following people spoke in favor of a Utility Tax: Greg Lewin, 127 N, Grand St" Orange Firefighter, commented if services are to be severely cut, favor the tax, Bob Bennyhoff, 10642 Morada Dr., commented citizens safety comes first. It was suggested approving a 3% Utility Tax with a provision that when Council knows the State's decision on the status of the 1/2 cent sales tax, it would become mandatory for Council to consider adjustments and possible elimination of the Utility Tax, THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. Council discussion ensued regarding comments received from citizens and the business community, that Council should re-think the way the City does business and improve local government, with the utility tax not being the solution of the budget shortfall. It was emphasized that the first responsibility in the City is to protect the citizens of Orange, and the taxes should go on the ballot for the people to vote, It was suggested that staff draft a budget for Council' s review that contains no utility tax in the projections while maintaining the current recommended levels of service from the public safety sector as well as the public works sector, and the infrastructure of the City.Councilmembers discussed the Police and Fire Assessment District proposal which will be a measure on the November 2, 1993 ballot. MOTION SECOND AYES Coontz Mayor Beyer Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 21 CITY COUNCIL MINUTES JUNE 22, 1993 13. PUBLIC HEARINGS (Continued) Moved to continue Items 13.4, 13,5 and 13,6 (all unresolved issues), to June 29, 1993 at 6:00 P,M, Council to meet for Closed Session at 6:00 P,M, The Budget public hearings will begin at 7:00 P.M. Staff was directed to return with a budget estimate based on no utility tax implementation and maintenance of the public safety sector. All information and reports are to be prepared by staff on June 30,1993, The City Manager commented reports are being drafted at this time regarding the effects of no utility tax and will be ready for the June 29, 1993 meeting, 13.5 UTILITY TAX: Time set for second public hearing to consider the adoption of a Utility Tax on the use of telephone, cable T,V., electricity, natural gas, water, sanitation and sewer services ("Utility Services") proposed by the City Manager. (Continued from 6- 15-93.)SeeItem 13.4 for comments.13.6 PROPOSED BUSINESS LICENSE TAX ON THE RENTAL OF RESIDENTIAL DWELLING UNITS, CITY OF ORANGE:Time set for second public hearing to consider the adoption of a Business License Tax on the business of renting residential dwelling units within the City of Orange as proposed by the City Manager as follows:I. Proposed tax rate would be $25 per year for one to four dwelling units rented or offered for rental within the City of Orange plus $5 per year for each dwelling unit in excess of four.2, The Business License Tax would be imposed on the owner of each dwelling unit rented or offered for rental in the City of Orange.3, The estimated amount of revenue that would be raised annually by the proposed Business License Tax is $80,000, (Continued from 6-15-93.)See Item 13.1 for comments.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None CITY COUNCIL MINUTES JUNE 22, 1993 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to adjourn at 10:20 P.M. to an Adjourned Regular Meeting, June 29, 1993 at 6:00 P.M.Page 23