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07-20-1993 Council MinutesAPPROVED BY CITY CITY COUNCIL MINUTES OF A REGULAR MEETING COUNCIL ON JULY 27, 1993 ORANGE, CALIFORNIA JULY 20, 1993 The City Council of the City of Orange, California convened on July 20, 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 July 7, 1993 MOTION - Coontz SECOND - Spurgeon AYES _ Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.1. 4 PRESENTATlONSI ANNOUNCEMENTSI INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 30 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of July 20, 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 Request Council award a contract in the amount of $104,087.50 to Greenleaf Grading Co.for Yorba Medical Complex parking site grading. (A2100.0.Agr 2105)FISCAL IMP ACT: $70,00000 is budgeted in the Yorba Park Medical Fund for this project. This recommendation also includes a transfer of funds of $100,000.00 from Account No. 260_5011_783300- 3014 (Santiago-Windes to Newport) to Account No.260-5011-783300- 3301 (Yorba Park Medical). ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. Page 1 CITY COUNCIL MINUTES JULY 20,1993 2. CONSENT CALENDAR (Continued) 2.3 Authorize receipt of $25,000.00 in California Library Service Act funds administered by the California State Library for the purpose of purchasing library materials for children and youth. (C2500.1) FISCAL IMPACT: The grant award of $25,000.00 will augment the Library Department's Fiscal Year 1993/94 budget. ACTION: Approved. REMOVED AND HEARD SEP ARATEL Y) 2.4 Request to amend the layoff list of April 13, 1993 to restore 20 hours to the Personnel Assistant, Position No. 448. This position will function as Alternate Employee Transportation Coordinator for the Corporate Yard site. (C2500.1.4) FISCAL IMPACT: None. Discussion: The Personnel Director explained this position is required by the Air Quality Management District. In the past, the position was offset by one of the senior assistants to the City Manager. It was felt the position could now be filled at a lower level with a half- time personnel assistant. Councilwoman Coontz expressed concern that the person being replaced was from a different department, and according to policy, the position should be filled by a person representing the City Manager's Office. MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Murphy NOES - Coontz ACTION: Moved to approve the request.Minute Order - Councilwoman Coontz: " I disapprove of it because it is inconsistent and we have to establish what the consistency is so we do not get continually caught in these personnel rivalries."2.5 Request from County of Orange for waiver of banner installation fees advertising Irvine Regional Park's 96th Anniversary Celebration. (P1300.0.9)FISCAL IMPACT: None.ACTION: Denied waiver offees.Page 2 1 CITY COUNCIL MINUTES JULY 20,1993 2. CONSENT CALENDAR (Continued) 2.6 CLAIM FOR DAMAGES FROM: (C3200.0) Daniel Steagall. FISCAL IMP ACT: None. ACTION: Denied claim and referred to City Attorney and Adjuster. 2.7 Request Council amend Resolution No. 8196 to adopt the new Police Department service fees and approve an increase in existing fees. (C2500.1.l.0.l) FISCAL IMP ACT: This will create an increase of$175,000.00 per year to the General Fund. ACTION: Approved. MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Item 2.4 was removedand 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 - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7.REPORTS FROM CITY MANAGER TAPE 161 7.1 Approve recommendation to request extension to the year 2016 of the unfunded actuarial liability for retirement benefits with P. E.R.S. (C2500.J.l)FISCAL IMP ACT: Savings of approximately $750, 000.00 for Fiscal Year 1993-94.The Acting Finance Director reported the incremental savings for the additional six year option is not that significant and there are substantial requirements that are cumbersome and restrictive. A resolution will be presented at a later date for final Council action.Page 3 CITY COUNCIL MINUTES JULY 20, 1993 7. REPORTS FROM CITY MANAGER (Continued) MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the recommendation to the year 2016..8. LEGAL AFFAIRS 8.1 RESOLUTION NO. 8204 A Resolution of the City Council of the City of Orange indicating its intent to provide for the issuance of obligations to provide financing in connection with the multi-family housing project VillaSantiago) proposed by Bertram Partners, a California Limited Partnership. (C2500.G.l.5)MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8204 as introduced be adopted and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 8205 A Resolution of the City Council of the City of Orange ordering territory designated as Annexation No. 404 ( 19710 Santiago Canyon Road) annexed to the City of Orange. (A3100.0)MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8205 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 8207 A Resolutionof the City Council of the City of Orange amending Resolution No. 8194 nunc pro tunc relating to a public hearing date to receive evidence on an annual levy and collection of Assessments in Landscape Maintenance Assessment District 82-1. (UI200.0)MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 4 CITY COUNCIL MINUTES JULY 20,1993 8. LEGAL AFFAIRS (Continued) That Resolution No. 8207 as introduced be adopted and same was passed and adopted by the preceding vote. 804 RESOLUTION NO. 8208 A Resolution of the City Council of the City of Orange amending Resolution No. 7614 of the Professional, Technical, and Clerical Unit to extend the effective date of the Agreement though September 30, 1993 and incorporate the attached addendum to the Memorandum of Understanding between the City of Orange and the Professional, Technical, and Clerical Unit effective June 27, 1993 through September 30, 1993. (C2500JA.5) MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8208 as introduced be adopted and same was passed and adopted by the preceding vote. 8.5 ORDINANCE NO. 10-93 An Ordinance of the City Council of the City of Orange amending Chapter 12.12 of the Orange Municipal Code regarding the duty of property owners and the City to maintain trees, sidewalks,bikeways, trails and parkways in a non-dangerous condition. (A2500.0 - Sidewalks)MOTION SECOND AYES Murphy Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 10- 93 have second reading waived and be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Arlene Minor, 384 N. Shattuck, announced the 108th birthday celebration of the Orange Public Library which will be held on August 14, 1993 from 10:00 A.M. to 4:00 P.M. Everyone is invited. All the proceeds will go to supplement the book budget.11. RECESS MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 3 : 25 to a Closed Session for the following purposes:Page 5 CITY COUNCIL MINUTES JULY 20,1993 11. RECESS (Continued) 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 aI., United States District Court Case No. SACV 92 498 GLT. Mochizuki, et aI. vs. City of Orange, United States District Court Case No. SACV 91-498 GLT RWR).Asbury vs. City of Orange, Orange County Superior Court Case No. 664244.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.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 - Ron Thompson, City Manager 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS Mayor Beyer acknowledged Larry Lykins, 830 N. Roth St., Santa Ana, representing the Professional and Clerical employees. Mr. Lykins commented the employees were picketing City Hall, not out of anger or disloyalty to the City but because of frustration stemming from rumors and one City Council member commenting that City hall would close before any cuts are made in Police or Fire. Do not solve the economic problems on the backs of City employees.Page 6 CITY COUNCIL MINUTES JULY 20,1993 TAPE 774 URGENT ITEM - APPEAL NO. 415, MAYOR BEYER, ATHLETIC FIELD LIGHTS AT CHAPMAN UNIVERSITY (A4000.0)MOTION SECOND AYES Barrera Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the item arose after the posting of the Agenda.The Director of Community Development reported Chapman University is in the process of renovating their athletic field and propose replacing the old 50 ft. lights with 80 ft. tall field lighting. The taller light standards are to allow a more focused and better controlled field lighting system; to keep the light on the athletic field rather than spill into the adjacent residential neighborhoods.The Planning Commission on July 7, 1993 found the request for the 80 ft. lights did not violate the Specific Plan, and was consistent with development standards. There is substantial parking available on campus and on the street.Mayor Beyer appealed the decision because notices were not sent out to the adjacent residents for their input. For this meeting, a special hand delivered notice was given to residents on July 20,1993.Dave Currey, Athletic Director for Chapman University commented on the Division 3 Football Program.The Director of Community Services commented the proposed lights are similar to the ones at Handy and EI Camino Real Park and will not affect the neighborhood.MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to deny the appeal and approve the lights as requested.13.PUBLIC HEARINGS TAPE 1172 C2300.E) 13.1 GENERAL PLAN AMENDMENT 4-93, ZONE CHANGE 1160-93, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange, on behalf of the Committee of 300, to consider a request to change the zoning for 75 parcels from R-3 (Residential Multi-Family) and Ml (Light Industrial) to R2-6 (Residential Duplex, 6,000 square foot minimum lot Page 7 CITY COUNCIL MINUTES JULY 20, 1993 13. PUBLIC HEARINGS (Continued) size). A General Plan Amendment is also proposed to redesignate the existing industrial parcels along Montgomery Street to Low-Medium Density Residential (6-15 dwelling units per acre).Subject property encompasses 8.7 acres, located west of Montgomery (AT&SF Railway), east of Parker Street, north of La Veta Avenue and south of Palmyra Avenue. Properties are addressed as follows: 504,512,518 and 522 to 619 West Culver Avenue; 604, 614 and 656 West Palmyra Avenue; 307 to 490 South Pixley Street, 505 to 639 West LaVeta Street; and 418 to 480 Montgomery.NOTE: Negative Declaration 1429-93 has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines.MAYOR BEYER OPENED THE PUBLIC HEARING.The Administrator of Advanced Planning gave the presentation. The Planning Commission recommended rezoning of the following parcels: 504, 512 and 518 W. Culver to R2-6, since the parcels are presently used as residential, to change the Master Plan from Industrial to Low Medium Density Residential. Rezone the properties at 522 to 619 W. Culver, and 604 to 656 W.Palmyra, and 307 to 476 S. Pixley to the R2-6, RCD District and to retain the M-l zoning on the parcels on Montgomery Street and to retain the R3 Multiple Family zoning on the parcels on the north side of La Veta Avenue and the adjacent properties on Pixley and Montgomery Streets. The retention of the zoning on the parcels on La Veta is because of the impending acquisition of a portion of the parcels for the widening of the street. The reasons for the Planning Commission's recommendations are as follows: I) To allow for a moderate amount of development to continue to occur. 2) To encourage the retention and enhancement of the historic character of the area.3) To reduce land use conflicts. 4) To reduce existing land use and zoning inconsistencies.The following people spoke in opposition, commenting downzoning cuts the value of the land,this will create non-conforming uses, and they do not want their property rights taken away: Vic Calagna, 113 5 E. Culver Carole Walters, 534 N. Shaffer, President of Orange Taxpayers Assoc. read a letter from the Orange Taxpayers and spoke as a citizen Ruth Kroll, 1229 Lomita, owns property at 456, 464, 472 and 480 Montgomery St., 505 and 525 W. La Veta Stan Keck, 352 S. Pixley, the City Clerk read Mr. Keck's letter Corinne Schreck, 446 N. James Alice Clark, 205 N. Pine St.The following people spoke in favor, commenting they agreed with the Planning Commission recommendations:Ann Siebert, 340 S. Olive Shannon Tucker, 556 E. Culver Dan CITY COUNCIL MINUTES JULY 20,1993 13. PUBLIC HEARINGS (Continued) Lisa Blanc, 368 S. Orange Wynn Stocking, 332 S. Pixley MAYOR BEYER CLOSED THE PUBLIC HEARING. Council Discussion: Councilwoman Coontz commented she was interested in the preservation of good housing stock, and the protection of neighborhoods against blight and deterioration. Zoning designations can be met through the addition of units, the enlargement and add on, etc. The zoning is supposed to tell people what can be built on the property. Councilman Murphy expressed concern that there is a three unit difference in the development between the existing zoning and the recommended changes. Concern was also expressed that the RCD may be an interim procedure and the suggestion on the area of La Veta, not being rezoned because the immanent purchase of the parcels for street widening purposes. Councilman Murphy indicated he is looking towards the pending zoning code updates including design and development standards to dictate how the City will preserve neighborhoods and the historic resources. Good design and development standards will accomplish everyone's goals. There is a deep concern about the neighborhoods, and a question of the issue of existing zoning versus using zoning as a tool to accomplish these goals. MOTION SECOND AYES NOES Murphy Spurgeon Spurgeon, Mayor Beyer, Coontz, Murphy Barrera Moved to accept Negative Declaration 1429-93 according to Planning Commission recommendations.MOTION SECOND AYES NOES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Murphy Coontz Moved to deny General Plan Amendment 4-93 for reasons as stated above.MINUTE ORDER - COUNCILWOMAN COONTZ: "I believe in property rights very strongly,but one of the things I believe in is that the zoning should indicate properly what the opportunities are, so that nobody misunderstands and thinks they can build three units on a piece of property that can only hold two. I wouldn't like to be the seller or the buyer of a piece of property that is so improperly designated. The zoning, in this case has nothing to do with property rights. It is what you can build on your property that makes a difference. "Page 9 CITY COUNCIL MINUTES JULY 20,1993 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES NOES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Coontz Moved to deny Zone Change 1160-93.Councilwoman Coontz questioned some of the actions the Council has taken lately, which have not been in line with the Planning Commission. A Study Session should be scheduled to discuss the philosophical and perhaps political differences between the Planning Commission and the Council.Councilman Murphy asked the Director of Community Development when the Zoning Code,Design Development Standards, and Historic Element would be presented to Council. The Director indicated within the next few weeks the Planning Commission will have a study session on the full zoning code update, which includes historic information. From that point, they will proceed with their public hearings and forward it to the Council.Councilman Murphy requested the Director of Community Development contact Council subsequent to the Planning Commission's study session with an estimated schedule.TAPE 3503 TlIOO. O)13. 2 1993- 94 WEED ABATEMENT, TAX ASSESSMENT, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider the assessment of weed abatement costs upon real property within the City of Orange.MAYOR BEYER OPENED THE PUBLIC HEARING.The Fire Marshal gave the report indicating there were only six property owners that have not paid the fines. These fines will go on their tax rolls.THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.RESOLUTION NO. 8201 A Resolution of the City Council of the City of Orange assessing the cost of weed abatement upon real property.Page 10 1 CITY COUNCIL MINUTES JULY 20, 1993 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES NOES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Murphy Coontz Moved to deny Zone Change 1160-93.Councilwoman Coontz questioned some of the actions the Council has taken lately, which have not been in line with the Planning Commission. A Study Session should be scheduled to discuss the philosophical and perhaps political differences between the Planning Commission and the Council.Councilman Murphy asked the Director of Community Development when the Zoning Code,Design Development Standards, and Historic Element would be presented to Council. The Director indicated within the next few weeks the Planning Commission will have a study session on the full zoning code update, which includes historic information. From that point, they will proceed with their public hearings and forward it to the Council.Councilman Murphy requested the Director of Community Development contact Council subsequent to the Planning Commission's study session with an estimated schedule.TAPE 3503 T1100. 0)13. 2 1993- 94 WEED ABATEMENT, TAX ASSESSMENT, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider the assessment of weed abatement costs upon real property within the City of Orange.MAYOR BEYER OPENED THE PUBLIC HEARING.The Fire Marshal gave the report indicating there were only six property owners that have not paid the fines. These fines will go on their tax rolls.THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.RESOLUTION NO. 8201 A Resolution of the City Council of the City of Orange assessing the cost of weed abatement upon real property.Page 11 CITY COUNCIL MINUTES JULY 20,1993 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 9:00 P.M.IfwA~~~AU~MARILYN J JENS , C CITY CLERK Page 12