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01-21-1992 Council MinutesAPPROVED BY CITY COUNCIL ON FEBRUARY 11, 1992.399 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA JANUARY 21, 1992 The City Council of the city of Orange, California convened this 21st day of January, 1992 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 ALLEGIANCE TO THE FLAG 1. 2 ROLL CALL PRESENT - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer 1.3 APPROVAL OF MINUTES Regular Meeting - December 10, 1991 Continued from 1/ 14/92)MOTION - Coontz SECOND - spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer ACTION: Approved.1. 4 PROCLAMATIONS - None 1. 5 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS a. Russ Barrios presented a check in the amount of $81,038.87 from members of the Orange International Street Fair Inc., for City services provided at the 1991 International Street Fair.OR1800.0.60)b. Introduced new Fire Chief, Ed Rowlett.c. Introduced new Assistant Fire Chief, Dave Rudat. d. Introduced new Water Superintendent, Joel wright.Introduced new Assistant Water Superintendent, Steve smith.Recessed at 3:30 p.m. to a brief reception in their honor, in the Weimer Room.Page 1 400 CITY COUNCIL MINUTES JANUARY 21, 1992 2. CONSENT CALENDAR TAPE 930 2.1 Declaration of city Clerk Marilyn J. Jensen declaring posting of city Council Agenda of a regular meeting of January 21, 1992, at Orange civic Center, Main Library, police Facility at 1107 N. 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 from Chapman University for a temporary suspension of Permit Parking restrictions on February 13, 1992 (Area A) due to General Norman Schwarzkopf as a guest speaker. S4000.S.3.1) ACTION: Approved. 2.3 Request for Time Limit parking in front of the barber shop at 446 N. Glassell street. (S4000.S.3.1) ACTION: Approved. 2.4 Request for the installation of an Intersection Vision Zone on the south side of Palmyra Avenue at Heatherstone street. S4000.S.3.1) ACTION: Approved. 2.5 Request for the Installation of Red Curb markings at the Mobile Ritz Lodge Mobile Home Park at 300 W. Lincoln Avenue. S4000.S.3.1) ACTION: Approved. 2.6 Request for the implementation of a Neighborhood Parking Permit Program on the west side of the 300 block of N. Elm street. (S4000.S.3.1) ACTION: Approved. 2.7 Request for the posting of No Parking 10:00 P.M. to 6:00 A.M. signs on McPherson Road north of Chapman Avenue. S4000.S.3.1) ACTION: Approved. Page 2 401 CITY COUNCIL MINUTES JANUARY 21, 1992 2. CONSENT CALENDAR (Continued) 2.8 Request for the installation of a One-Way stop control device at the intersection of Hillside Avenue and Morningside Street. (S4000.S.3. 3)ACTION: Denied.2.9 Request for the establishment of School Bus stops on White Oak Ridge at Deep Springs Road; White Oak Ridge at Ford Road; and Canyon View Avenue at Handy Creek Road/Aspen street.S4000.S.3. 1)ACTION: Denied.2.10 Request approval of a one year extension of time for Tentative Tract Map 14061, located at the southwesterly extension of Mountain Avenue, south of Mabury Avenue. (T4000.0 No. 14061)2. 11 ACTION: Approved.Request approval of Program Supplement No. 013; Local Agency - State Agreement No. 12-5073. (A2100.0 A. 1903)ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.12 Authorize the transfer of $8,560.00 from Account No.500-2031-781200-9931, EI Modena Roof Repair, to Account 200-2011-424101, Repairs to Buildings and Fixed Equipment, for reroofing the Edwards House and its garage. (C2500.I)ACTION: Approved.2.13 Request for an expenditure of $3, 000.00 from the Asset Seizure Fund 355 for the conversion of a Police Vehicle to a Selective Enforcement Vehicle. (C2500.K)ACTION: Approved.2.14 CLAIM FOR DAMAGES FROM: (C3200.0)I. STELLA GRAY for an alleged incident occurring on or about September 14, 1991.2. CAROLE K. POIRIER for an alleged incident occurring on or about October 4, 1991.ACTION: Denied claims and referred to City Attorney and Adjuster.2.15 Approve rebate of arbitrage earned on investment of Assessment District 86-1 Bond proceed in the amount of $200, 000.00. T1100.0. 02 CITY COUNCIL MINUTES JANUARY 21, 1992 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.16 Request approval to increase the amount the city may invest with the California Local Agencies Investment Fund to 15,000,000.00 each for the City and Orange Redevelopment Agency (for a total of $30,000,000.00) and to increase the limit of investments with the Orange County Investment Fund to a total of $14,000,000.00. (C2500.F) The Director of Finance reported the California Investment Pool, which is run by the State Treasurer, has had limits of 10 million for each of the participants. Recently, they increased that limit from $10 million to $15 million. The City Staff evaluated the safety/risk of this pool. It is a 7.7 billion fund with top professionals, run by the state but a separate pool from state finances. At the present time, because they have long-term investments, they are paying a much higher yield than governments. Governments are yielding 4% plus, while these pools are yielding 6-8%.Council felt this decision should be postponed until the auditors had completed their work. Council felt the auditors should evaluate the quality of the City' s investments.However, the Director of Finance indicated the auditors will not be evaluating the risk factors of the City investments.This area is very difficult to evaluate.MOTION - steiner SECOND - Spurgeon AYES - Steiner, Barrera, coontz, Spurgeon ABSENT - Mayor Beyer ACTION: continued for 30 days to allow the auditing of our investments to move forward, as well as the other issues identified by Councilwoman Coontz. To be agendized for February 25, 1992 Council meeting.Regarding the audit considered under item 4.1, Councilman steiner mentioned the Audit Committee considered three CPA firms to conduct the audit of the Treasury function and investment procedures and policies for the City and the orange Redevelopment Agency: Ernst & Young, Peat Marwick, and Deloitte & Touche in the response to the scope of work that was developed by the Finance Director. They found two of the proposals responding appropriately to the request. They are recommending the lower priced of the firms Peat Marwick,priced at $ 24,000.MOTION - Spurgeon SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Page 4 403 CITY COUNCIL MINUTES JANUARY 21, 1992 2. CONSENT CALENDAR (Continued) Item 2.16 was removed and heard separately. All other items were approved/denied as recommended. END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER 4. REPORTS FROM COUNClumMBERS 4.1 Report from Councilmembers Coontz and steiner regarding approval to engage a CPA firm and a legal firm to perform jointly a comprehensive audit of the Treasury function of the City with emphasis on investment procedures and policies. (C2500.F) Councilwoman Coontz commented that she and Councilman steiner are members of the Council Audit Selection Committee. Her comments were as follows: It is seldom that a city Council gets directly involved in the daily operations of a City. The role of the City Council is to hire a City Manager, our Chief Executive Officer, and in turn approve his recommendations for hiring other key personnel to operate the city on a day-to-day basis. The City Manager and Departments are paid well and are expected to handle their jobs with the expertise befitting their professional categories.In the situation involving the probable loss of $7 million in investment funds, Councilman steiner and I stepped forward beyond our roles as Councilmembers and offered our recommendations when we realized that solutions to the problem were not coming quickly enough from Staff.It was Councilman steiner and I who insisted on the early involvement of outside legal assistance from a firm specializing in investments. It was Councilman steiner and I who insisted that we obtain outside professional assistance to determine what procedures and practices need to be instituted to provide better taxpayer protection for the city' s finances.The proposal you have before you was prepared by Staff, not by Councilman steiner and myself. What the request does not address is the confusion in our present City Codes and City policies regarding the duties of the City Treasurer or the protection of the Treasurer's investment program. Neither is there a clear definition of the dual role of the City Treasurer, who is both an elected official making 365.00 a month and a Department Head, making nearly $70,000 a year. 404 CITY COUNCIL MINUTES JANUARY 21, 1992 4. REPORTS FROM COUNClumMBERS (Continued) As a City Treasurer, under yet another Code, the civil Code of the state of California, the implication is that the Treasurer makes independent investment decisions. On the other hand, in the role of a Department Head, the Treasurer reports to the City Manager and works directly with the Finance Director. This ambiguity results in confusion, since few can work for two masters. My question is, will these consultants recommend revisions to our City Codes, which will clear up the confusion and provide both a direct line of responsibility and an oversight? Also, we need clarification of the present position of City Treasurer, now being held by our Assistant City Manager, who as an appointed Staff member is additionally receiving the salary of an elected official. There has been great public interest in the probable loss of $7 million in investment funds, and I believe it is necessary that I speak on this issue of the role of the city Treasurer. In the past few weeks, as I shop in the market and attend community events, I am approached by members of the public who ask me about the financial health of the city and the role our treasurer played. I am making every effort to obtain information from Staff so that the City Council can evaluate the situation and take its next course of action." Councilwoman would not be the future. scope of the Coontz felt if the questions were not a full picture of the finances of the She asked if these questions would be audit. answered, there city of orange for answered in the The Director of Finance agreed with her comments, but indicated these specifications were not included in the proposal for the scope of the audit of the treasury function. They plan to include the following: I. Confirm all outstanding investments at 12/31/91 and reconcile the total to the general ledger. 2. Review documents and agreements supporting existing investments: A. CPA - verify numbers and adequacy for record keeping purposes. B. Attorney-1) Review accounts for compliance under California law as to permissible investments, proper authorization and adequacy of documentation and recordkeeping.2) Review investment management accounts and brokerage accounts for compliance with Federal law.3) Review all investment account documentation and reporting procedures for adequacy of cross checks and monitoring procedures. 3. Review internal and external control procedures and make recommendation regarding:A. Transfer and accountability of cash and securities.B. Segregation and integration of duties.C. Collection and deposit of cash and securities.Page 6 405 CITY COUNCIL MINUTES JANUARY 21, 1992 4. REPORTS FROM COUNCIumMBERS (continued) 4. Review investment policy for its adequacy and compliance with regulatory laws. 5. Review for adequacy the reports to Management; i.e. City Council and city Manager. 6. Submit a report to the city Council on findings and recommendations. As far as the duties of the Treasurer and the Ordinances, there is nothing specifically directed towards clarifying that. Councilwoman Coontz felt there should be and the contract could be amended to include that. People want someone to blame, but the tendency is for everyone to say they had nothing to do with it. That won't solve the problem. The only way the problem will be solved is to do a review of the dual role of the Treasurer and straighten it out, so that who the Treasurer reports to and the line of responsibility and oversight is very clear. In addition, it is confusing that the Assistant city Manager, Jim Evans, is acting as the elected Treasurer and someone else is acting in the other capacity. There is no way to line up the duties, responsibility and the reporting. She indicated the codes that refer to this are not readily available. She asked Staff to research this, and they had difficulty locating, in the City Clerk's records and those of the City Attorney, all the components of the City Treasurer's job. It doesn't do any good to spend the money on an audit and legal assistance if we haven't straightened out the basic problem. The Director of Finance mentioned the duties have grown and changed over the years. He recommended proceeding quickly with some aspects of the audit, in order to assure everyone of the protection. The Audit committee can recommend this be added to the audit, either by the auditors selected, or others. Councilwoman Coontz felt a certain amount of the work could be done in- house.Councilman steiner felt the contract should be awarded as presented.He felt there was merit in the other issues presented, and there could be an amendment as we move ahead with determining the internal and external controls to assure the Council that the remainder of the city's funds are fully protected.Councilman steiner commented he felt the main problem was communication to the public did not come quickly enough. The solutions to the problems were coming quickly from Staff all the way along. Repeated actions were being taken by the Finance Dept., and the city Manager and were being communicated to the Council. The development of the scope of work was shared with Council by Ted Schoettger. However, this information was not shared with the public and city staff.Councilwoman Coontz felt Council and staff should know what was happening before the press. In one instance, she received information from the press, before hearing it from Staff.Page 406 CITY COUNCIL MINUTES JANUARY 21, 1992 4. REPORTS FROM COUNCInmMBERS (Continued) Bob Bennyhoff, 10642 Morada Drive, asked what has been happening since Lorraine Shade resigned. The Asst. City Manager was appointed City Treasurer, but he does not seem to have much experience in banking or investments. He presumes the Director of Finance is doing the job, so he wondered who was making the investments. Councilwoman Coontz indicated this is exactly what Council is asking. The City Manager indicated if Council wanted to take action on the report prepared by the Audit Committee, the City Manager will meet with the Finance Director and the City Attorney to determine whether this additional request can be done in-house. They will also check with the outside auditors on what they would charge as an addendum to the scope of work being authorized today. Staff indicated the Fiscal Agent was Lorraine Shade's Deputy. He is making the investments,with the oversight of the Finance Director. Mayor Pro Tem thought the City Manager and the Finance Director could do what the Audit Committee is requesting.MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to accept the Staff recommendation to engage KMPG Peat Marwick,CPA's, for a fee not to exceed $24,000 plus reimbursement for out-of-pocket expenses and the law firm of Phillips, Haglund, Haddan Jeffers for a fee not to exceed $5,000 to perform a comprehensive audit of the Treasury function of the City and the Orange Redevelopment Agency, with emphasis on investment procedures and policies. The recommendations and requests made by Councilwoman Coontz are to be included. These include possible revisions to City Codes to clear up any confusion and providing a direct line of responsibility and oversight, as well as clarification of the present position of City Treasurer. Staff to return to Council by the next Council meeting with options on having these additional re quests done in-house or by outside auditors. 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS 5.1 Report from the Solid Waste Committee on the Bus Shelter Program. If accepted, authorize the issuance of a Request for Proposal for a new Bus Shelter Program incorporating the use of advertising panels on the shelters. (OR1800.0.34) (S4000.S.3.1.1) Staff reported if this proposal is accepted, it will save the City approximately $11,000 - $15,000 per year in maintenance costs. The City would receive approximately $50,000 or more per year in revenue from this program. Any advertising deemed unsuitable, at the discretion of the Council, would be removed within 24 hours.Page 8 407 CITY COUNCIL MINUTES JANUARY 21, 1992 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS council asked how often the shelters would be cleaned. The minimum Cleaning would be twice a week. city crews are currently cleaning the shelters once a week. Graffiti would be removed within 24 hours. Damage from accidents is responded to within four hours. Staff has checked with cities currently using these private shelter companies, and they have confirmed the response times are actual. Councilwoman Coontz recommended political signs be prohibited. There would be a minimum of 30 shelters installed in the City, with 10% of all advertising reserved for public service announcements. MOTION - spurgeon SECOND - Coontz AYES - steiner, Barrera, Coontz, spurgeon ABSENT - Mayor Beyer Moved to accept the report and authorize the issuance of a Request for Proposal for a new Bus Shelter Program incorporating the use of advertising panels on the shelters.5.2 a. Reappointment of Bobbie Druilhet to the Orange county Office of Protocol for a term to expire January, 1994. (OR1800.0.3.19)MOTION - Barrera SECOND - spurgeon AYES - steiner, Barrera, Coontz, spurgeon ABSENT - Mayor Beyer Moved to confirm the reappointment of Bobbie Druilhet to the orange county Office of protocol, term to expire January, 1994.b. Reappointment of Jerry Smith to the Senior Citizens Monitoring committee for a term to expire January, 1994.OR1800. 0.21.1)MOTION - spurgeon SECOND - Barrera AYES - steiner, Barrera, Coontz, spurgeon ABSENT - Mayor Beyer Moved to confirm the reappointment of Jerry Smith to the Senior citizens Monitoring Committee, term to expire January, 1994.Page 9 408 CITY COUNCIL MINUTES JANUARY 21, 1992 6. ADMINISTRATIVE REPORTS 6.1 Status report on the City'S efforts to comply with the Environmental Protection Agency's (EPA's) Non Point Discharge Elimination system (NPDES) Stormwater Runoff Permit Program. (Report on file in City Clerk's Office.) (OC1300.K) MOTION - Spurgeon SECOND - Coontz AYES - steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to receive and file report.7. REPORTS FROM THE CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 55 8.1 RESOLUTION NO. 7938 A Resolution of the City Council of the city of Orange finally accepting the completion of a certain public work and improvement;Bid No. 912-05; S. P. 2973; Inland Constructors; Main Street and La Veta Avenue. (A2100.0 A.1837)MOTION - steiner SECOND - Coontz AYES - steiner, Barrera, Coontz, spurgeon ABSENT - Mayor Beyer That Resolution No. 7938 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 7939 A Resolution of the City council of the city of Orange approving the deletion of one Fire Battalion Chief position (#1327), and granting the reclassification of another Fire Battalion Chief Position (# 5) at Range 515 ($4653-5967) to the classification of Assistant Fire Chief at Range 545 ($5404-6930) to be added to Schedule B, Top Management Resolution. (C2500.H)MOTION - Spurgeon SECOND - Coontz AYES - steiner, Barrera, Coontz, spurgeon ABSENT - Mayor Beyer That Resolution No. 7939 as introduced be adopted and same was passed and adopted by the preceding vote.Page 10 CITY COUNCIL MINUTES JANUARY 21, 1992 409 8. LEGAL AFFAIRS (continued) 8.3 RESOLUTION NO. 7933 A Resolution of the City Council of the City of Orange approving the reclassification of one Engineering Technician 1/11 (Position No. 713), Range 390 ($2495-3199) to Assistant/Associate civil Engineer,Range 447 ($3315-4251), and the reclassification of one Engineering Technician I/II (Position No. 91), Range 370 ($2258- 2895), to Senior Administrative Clerk, Range 324 ($l795- 2302), effective January 13,1992, and directing staff to amend the budget and the position control system to reflect these changes. (C2500. M)MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Resolution No. 7933 as introduced be adopted and same was passed and adopted by the preceding vote. 8.4 RESOLUTION NO. 7935 A Resolution of the City Council of the City of Orange authorizing the execution of a Public Works Cooperation Agreement with the Orange Redevelopment Agency relating to Public Improvements (Santa Fe Depot Specific Plan - Southwest Funding). (A2100.0 A.1904)Transfer from Fund No. 922-9813-481104-3006 ( Property Acquisition)to Fund No. 922-9813-426700- 3006 ( Other Professional and Contractual Services)MOTION - spurgeon SECOND - steiner AYES - steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Resolution No. 7935 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 7936 A Resolution of the City Council of the city of orange authorizing the execution of a Public Works Cooperation Agreement with the Orange Redevelopment Agency relating to Public Improvements (Santa Fe Depot Specific Plan - Northwest Funding). (A2100.0 A.1905) Appropriated from Fund No. 932-9823-426700- 3006 (Other Professional and Contractual services) MOTION - Steiner SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Page 11 4 10 CITY COUNCIL MINUTES JANUARY 21, 1992 8. LEGAL AFFAIRS (Continued) That Resolution No. 7936 as introduced be adopted and same was passed and adopted by the preceding vote. 8.6 RESOLUTION NO. 7937 A Resolution of the City Council of the City of Orange authorizing the execution of a Public Works Cooperation Agreement with the Orange Redevelopment Agency Relating to Public Improvements. (A2l00.0 A.1906) La Veta and Glassell Street Storm Drain - Southwest Project Area.Funds are appropriated in Southwest Project Area Funds, Account No.920- 9811- 783400-5001.)MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Resolution No. 7937 as introduced be adopted and same was passed and adopted by the preceding vote.8.7 ORDINANCE NO. 25-91 An Ordinance of the City Council of the City of Orange adding certain speed limits to section 10.14.050 of the Orange Municipal Code.S4000. S.3.4)MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Ordinance No. 25-91 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.8 RESOLUTION NO. 7941 A Resolution of the City Council of the City of Orange expressing appreciation to John Heeks of the Community Development Department and commending him for more than eighteen years of loyal and dedicated service. (C2500.G) MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Resolution No. 7941 as introduced be adopted and same was passed and adopted by the preceding vote.Page 12 CITY COUNCIL MINUTES JANUARY 21, 1992 4 11 8. LEGAL AFFAIRS (Continued) 8.9 RESOLUTION NO. 7942 A Resolution of the city council of the city of Orange electing to exclude amounts earned on the Debt service Fund for the City of Orange Improvement Bonds AD 86-1 (East Orange) from the calculation of amounts subject to arbitrage rebate under Internal Revenue service Code section 148. (C2500. F)MOTION - spurgeon SECOND - Barrera AYES - Steiner, Barrera, Coontz, spurgeon ABSENT - Mayor Beyer That Resolution No. 7942 as introduced 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 - None 11. RECESS MOTION - Steiner SECOND - Barrera AYES - steiner, Barrera, Coontz, spurgeon The city Council recessed at 5:15 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:Everson vs city of Orange, Orange county Superior Court Case 63 83 32.b. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code section 54956. 9(C).c. To confer with its attorney regarding potential litigation pursuant to Government Code section 54956.9( b) (1).d. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. e. 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.Page 13 412 CITY COUNCIL MINUTES JANUARY 21, 1992 7:00 P.M. SESSION 12. sixth Faith INVOCATION - given by Sahar grader at La Veta Elementary of Orange.Sattarzadah, 11 years old, a School, representing the Bahia 12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS - None 12.3 INTRODUCTION - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13.PUBLIC HEARINGS 13.1 JOINT PUBLIC HEARING, DISPOSITION AND DEVELOPMENT AGREEMENT,CHILD OR PARENTAL EMERGENCY SERVICES ( COPES): TAPE 1-3565 The joint public hearing with the Orange Redevelopment Agency to consider approval of a Disposition and Development Agreement by the City of orange, Orange Redevelopment Agency and Child or Parental Emergency Services (COPES) has been continued from December 10,1991. (C2300.I)Councilman steiner reported this issue was scheduled for a public hearing at Council direction with regard to the COPES' use of the Queen Anne House for a group care facility. On Tuesday, January 14,1992 at the 3: 00 p.m. meeting, council was informed that the negotiations between the Redevelopment Agency, the City of Orange and COPES had broken down. This impasse had to do with environmental indemnification and the inability of COPES to meet that requirement of the city and the Redevelopment Agency. Therefore, COPES withdrew its request to use the Queen Anne House for that purpose. The public hearing is still on this evening. Further direction was given last Tuesday by the Council that the Redevelopment Agency come back with a recommendation on the use/ disposition of the Queen Anne House in light of the inability to conclude an agreement with COPES.The Director of Economic Development reported COPES has submitted a letter of withdrawal. The acceptance of the withdrawal letter terminates the public hearing and the negotiations between the three parties.councilman steiner asked council to consider waiving City fees to COPES in the future, to equal the amount they have already expended with the city, if they do establish their group care facility in Orange.Page 14 4 13 CITY COUNCIL MINUTES JANUARY 21, 1992 13. PUBLIC HEARINGS (Continued) MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to accept the letter of withdrawal from Child or Parental Emergency Services.The Director of Economic Development reported on the matter of disposition of the house and the property. with regard to the house,Staff understands Council's desire to have it disposed of within 30 days. Staff recommends the house be advertised for sale to the highest bidder. The deadline for close of the bids would be 30 days. The removal/relocation arrangements may take longer than 30 days. If there is no interest in the purchase of the house,demolition of the structure is recommended. Council mentioned saving some of the artifacts of the building, which might have historic significance. That could be part of the demolition contract.However, this would likely increase the cost of demolition, because the full salvage value isn't there and special care would have to be taken to remove certain items. Immediate demolition is a second alternative.The second question is the disposition of the land. This will take more than 30 days, unless Council wants to return the parcel to the Water Department. The second option is the purchase by the Redevelopment Agency for development as affordable housing. Senior housing is recommended, because of the proximity to the Senior citizens' Center. This choice offers three alternatives, all of which will have to be processed in the normal course of business, and will take more than 30 days:1) Develop a Request For Proposal to private developers.2) Negotiate an agreement with the Orange Housing Development Corporation for them to develop the land.3) Resurrect negotiations with the Orange County Housing Authority for some affordable housing they might construct on the site.Councilwoman Coontz mentioned the preservation of the home had to do with the historic exterior. Should the house be purchased and moved,this should be a condition of purchase, but not if the house is demolished. Council asked the lowest bid, because $1.00 was mentioned before. Staff felt it best to say the highest bidder.Council felt preference should be given to bidders locating the house in the City of Orange.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The following people spoke: Alice Clark, 205 N. pine Street.Mike Fogelberg, 288 Nordall. T. J. Clark, 811 E. Chapman Avenue.Page 15 414 CITY COUNCIL MINUTES JANUARY 21, 1992 13. PUBLIC HEARINGS (Continued) They made the following points: It was asked if the return of money spent on fees for non-profit organizations would become a permanent policy. Councilman steiner felt each project should be decided on its own merit. It was asked if the bidding would be open to anyone. Council confirmed it would be open to any interested party.The Queen Anne House has cost the City of Orange $25,553.14 to date. When it was offered for sale previously, there were 25 offers. However, none were able to find a suitable lot in Old Towne. If no one took it then, why would someone take it now? It was felt the house should be demolished immediately to minimize losses.Linda Boone, Executive Director of the Orange Housing Development Corporation, 217 E. Chapman Avenue, indicated they are in a position to develop this property into some high-quality affordable units for the City of Orange. There are a great deal of funding sources available for this kind of project at the present time. Everyone seems to agree that senior housing is the most appropriate for this site. The OHDC Board of Directors is very cognizant of the fact that when they do housing, it will be an asset and will fit in with the existing neighborhood.Councilwoman Coontz mentioned for the record that she and Councilman Spurgeon are on the Orange Housing Development Committee, although they are no longer voting members. The City Attorney confirmed there was no conflict of interest and they could both vote on this issue.The Director of Economic Development indicated they would contact any parties who had expressed an interest in the house in previous years,as well as publish in trade papers. This would probably take a couple of weeks to arrange.MOTION SECOND AYES ABSENT Steiner Coontz Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Moved that the City Council and the Orange Redevelopment Agency authorize the sale of the Queen Anne House to the highest bidder,with first priority being given to a bidder who will restore the house in terms of its historic qualities, and an additional priority to a bidder who would move the home to a location in the City of Orange. The City Clerk to advertise the bid within 14 days. From that time, there will be a maximum of 30 days allowed for bidding, at which time if there is not a successful bidder, the house is to be demolished. If there is a successful bidder, an additional 30 days will be given to move the home.Page 16 415 CITY COUNCIL MINUTES JANUARY 21, 1992 13.PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT Coontz steiner Steiner, Barrera, Coontz, Spurgeon Mayor Beyer Moved that the City of Orange and the Orange Redevelopment Agency assist the Orange Housing Development Corporation in the negotiations for the purchase of the property from the Water Department and the possible development of affordable senior housing.Council asked the Director of Economic Development to keep them apprised regularly on the status of the property and the house.13.2 PRE-ZONE CHANGE 1144-91, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider Pre- Zone Change 1144-91 to reclassify 25 incorporated parcels from the existing County of orange Zoning District of 100E4-20,000 Single Family Residential, minimum lot size 20,000 sq.ft. minimum lot width 100 ft. to the City of Orange zoning district of R-1-20 Single Family Residential, minimum lot size 20, 000 sq. ft.Subject properties are located east of Rancho santiago Boulevard and south of Santiago Canyon Road. The majority of the properties front onto Glen Arran Lane. The pre-zone request is for annexation purposes (Annexation 395). ( Z1500.0 No. 1144-91)NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines section 15319.Council asked if this proposed annexation would involve any cost to the City. The Director of Community Development indicated this was a very difficult question to answer. While there is an income to be derived for the City from property taxes, there are also costs to be expended in providing public services. To every degree possible, it has been the policy of the City Council to try and minimize those costs. The property owners are willing to commit to retaining the responsibility of maintaining the private streets is a large step in minimizing those costs. In this type of annexation, there is a standardized formula for dispersal of property tax between the City and County. It is based on the historic formula for the remainder of the City, as far as the percentage collected. It would be very similar to what we are receiving in existing City areas.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The following people spoke: Claudia Holloway, 19002 Glen Arran. Bob Bennyhoff, 41& CITY COUNCIL MINUTES JANUARY 21, 1992 They made the following points: Over 90% of the neighborhood supports the annexation to Orange.City staff came to a neighborhood meeting to answer any questions.There are only 2 or 3 households that would not sign the petition in favor ofannexation. These people did not attend the neighborhood meeting.They feel these people feel they may lose their rural lifestyle.Had they attended the meeting they would see this is not true, since Orange has adopted the same zoning as the County.Their only concern is that a solution be worked out to either provide trash pickup using a small truck, due to the sub-standard private street, which cannot stand the heavy trash truck. Or that they are permitted to arrange and pay for their own trash pickup.This area is like Orange Park Acres. There is no intention on the part of the homeowners to get what downtown Orange has. It fits in with the plan of the area.Council asked if the trash service request can be worked out. The Director of Public Works reported Orange Disposal Service indicated they could make available a smaller vehicle for pickup in that area.Council asked if the area was hooked up to sewers. The Director of Public Works indicated part of the area is under septic tanks and will probably eventually hook up to sewers, as all of that area is doing, a little at a time.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING.MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act.MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to approve Pre-Zone Change 1144-91 as outlined in Planning Commission Resolution No. PC-43-91.Page 18 417 CITY COUNCIL MINUTES JANUARY 21, 1992 13. PUBLIC HEARINGS (continued) 13.3 APPEAL NO. 392, CONDITIONAL USE PERMIT NO. 1941-91, YOLANDA AND LUIS CASTILLO: TAPE 1-5700 Time set for a public hearing on petition by Yolanda and Luis Castillo to appeal the decision by the Zoning Administrator on November 26, 1991 denying Conditional Use Permit 1941-91 to allow an upgrade of an existing off-sale beer and wine license to an off-sale full alcoholic beverage license. Subject property is located at 1095 N. Glassell Street. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section 15303. (A4000.0 No. 392)APPELLANTS STATE THE FOLLOWING REASONS FOR THE APPEAL:We would like to appeal the decision of the Planning commission based on a misunderstanding. Sitting at the City Council meeting on specific date and time the hearing was held at a different location.Due to this, the staff administration denied our application. At this time we would like to appeal our application, and would like to have the opportunity to speak in our behalf."The Director of Community Development reported the site is currently occupied by a retail building which includes three businesses: a coin-operated laundry, a takeout food business, and a market. The market is the subject of this application. The surrounding properties are R-1- 6, single-family residential to the east, a mobile home park to the west across Glassell, to the north and south are office and commercial properties. No change in hours are proposed:currently they are open from 8: 00 a.m. to 12:00 midnight. The Zoning Administrator denied the application because of undue concentration of off- sale liquor establishments in the area, and because the use will detrimentally affect nearby residentially-zoned properties.Council asked the Police Department for a presentation on their experience on this property. Police Department Staff indicated their records since 1988 show 59 calls for service, ranging from assaults,and drunk-in-publics. In comparison to similar businesses in the area, the liquor store at Collins and Glassell, has had approximately 30 events of similar nature. At Glassell and Walnut, they show about 20 incidents. The call for service at that site is a little higher than the other businesses in the area. Additionally, in the decoy program, where they attempt to prevent the sale of alcohol to minors on a city-wide basis, over the past four years they show sales to minors on August, 1987, August, 1990 and November, 1991. On the most recent event, the decoy went to 38 businesses that evening, and 8 businesses actually sold to that individual.Councilman steiner asked for clarification on whether the city had the prerogative to make this determination, rather than the ABC.Police Staff indicated the recommendation comes from the city, and then the ABC utilizes their guidelines. The Director of Community 418 CITY COUNCIL MINUTES JANUARY 21, 1992 13. PUBLIC HEARINGS (Continued) MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING. The following people spoke in favor of the application: The Applicant, Luis Castillo, 1095 N. Glassell street. Ramona Elsempeter, Oakwood Gardens, 1061 Glassell. David Nunez, 126 E. Quincy. Raymond Figueroa III, 1067 N. Orange Steet. He indicated the liquor license would not change the way he was handling his business. He indicated a willingness to work with the community/staff to make The store is clean, orderly and well-run and customers are treated with courtesy. There is no reason to believe the Applicant could not be trusted with a full liquor license.Entrapment evidence should not be considered in denying this application.Neighboring businesses have helped each other to make sure the neighborhood is kept up. They don't feel this license will hurt the area.The Applicant is trying to make this a versatile store. This is just one more addition to the whole plan.Councilwoman Coontz mentioned receipt of several letters and a petition written in opposition to the application. The letters mention broken bottles on the sidewalk, backyard trash, leaking and staining substances on the sidewalk, graffiti, people sitting in neighbors' yards consuming food and beverage and leaving debris,urinating on nearby bushes, trees and buildings, increase in gang activity, etc.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.MOTION - Coontz SECOND - steiner AYES - steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act.MOTION - Coontz SECOND - Spurgeon AYES - Coontz, Spurgeon NOES - Steiner, Barrera ABSENT - Mayor Beyer Moved to deny the appeal, based on the Zoning Administrator's decision and the fact that this will cause deterioration to the bordering land use and create additional problems for the area in which it is located.MOTION FAILS.Page 20 419 CITY COUNCIL MINUTES JANUARY 21, 1992 13. PUBLIC HEARINGS (Continued) The City Attorney indicated the matter is still before the Council. It is automatically continued for the third vote, when there is a full Council. CONTINUED TO NO DATE CERTAIN. 14. PLANNING AND ENVIRONMENT - None 15. REPORTS FROM COUNCInmMBERS - None 16.ORAL PRESENTATIONS TAPE 2-60 RE- ZONING ISSUE: Anne Siebert, 340 S. Olive Street, addressed the Council representing a committee of 300 neighbors in the Southwest quadrant of Old Towne Orange. She asked Council to agendize the rezoning of the Soutwest Quadrant. She presented petitions from property owners in the area, in favor of re-zoning. Council asked Staff to review the zoning and make recommendations. Public hearing set for February 25, 1992 by the City Clerk. (Z1500. 0)THEO LACY JAIL ISSUE:Bob Bennyhoff, 10642 Morada Drive, on behalf of the citizens' Jail Committee commended the Council for their quick action on the jail issue.ZONE CHANGE:Ralph Zehner, 630 E. Culver, presented a petition for a formal zone change by the property owners in the Southeast Quadrant. The city Clerk agendized the matter for public hearing on March 10, 1992 at the direction of Council.GRAFFITI PROBLEM:John Whiteriver, 194 S. Pixley Street, addressed the regarding a problem with graffiti on Almond Street.the City graffiti hotline and nothing has been done. Council He has called SPEEDING CARS:Mr. Whiteriver also mentioned a problem with cars making Almond Street a racetrack. This has become more of a problem since the Police Department moved its location.Page 420 CITY COUNCIL MINUTES JANUARY 21, 1992 RECESS MOTION - Coontz SECOND Spurgeon AYES - steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer The City Council recessed to Executive Session at 8:45 p.m.17 . ADJOURNMENT The City Council adjourned at 9:40 p.m.GENE BEYER,MAYOR J1dh~/l~ ~ ~~ MARILYN J. ENSEN MC. CITY CLERK ByAx:~{FRED L. BARRERA, MAYOR PRO TEM Page 22