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05-26-1992 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA May 26, 1992 The City Council of the City of Orange, California convened on May 26, 1992 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Ave., Orange, California. 3:00 P.M. Session 1. OPENING 1.1 PLEOGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES - None 1.4 PRESENTATIONS! ANNOUNCEMENTSIINTRODUCTIONS - None 1.5 PROCLAMATIONS Public Schools Month - Accepted by Ed Davidson, Masonic Temple of Orange 2. CONSENT CALENDAR 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of May 26, 1992, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2.2 Authorize the Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved. PAGE 1 CITY COUNCIL MINUTES May 26, 1992 2. CONSENT CALENDAR (Continued) 2.3 Request amendment No. 12 to the Trash and Garbage Contract, establishing the rate to be paid Orange Disposal Service, Inc., and extending the Service Contract until January 1,1997. Account No. 220-Sanitation Fund (A2100.0.AI19. P)FISCAL IMPACT: No increase in rate per unit served.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.4 Request for red curb markings on the northeast corner of Almond Avenue and Jameson Street. (S4000.S.3.1. 1)FISCAL IMP ACT: Minor cost budgeted in Fund 250 (Traffic Safety Fund)ACTION: Approved.2.5 Request for the installation of red curb markings in front of 326 W. Palm Avenue.S4000.S.3.1. 1)FISCAL IMPACT: Minor cost budgeted in Fund 250 (Traffic Safety Fund)ACTION: Approved.2.6 Request for the installation of red curb markings on the south side of Taft Avenue at the entrance of the Golden Circle Condominium's at 700 E. Taft A venue.S4000.S.3.1. 1)FISCAL IMPACT: Minor cost budgeted in Fund 250 (Traffic Safety Fund)ACTION: Approved. NOTE: Councilwoman Coontz abstained from this item, due to a possible conflict of interest; her residence is within 250 feet.2.7 Request for the installation of STOP controls at the intersection of Wilson Avenue and Grand Street. (S4000.S.3. 3)FISCAL IMPACT: Minor cost budgeted in Fund 250 (Traffic Safety Fund)ACTION: Approved the installation of a two-way Stop sign on Grand Street at Wilson Avenue.2.8 Request for the installation of No Pedestrian Crossing signs on both sides of Collins Avenue between Tustin St. and Highland St. (S4000.S. 3.3) PAGE CITY COUNCIL MINUTES May 26,1992 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Minor cost budgeted in Fund 250 (Traffic Safety Fund) Discussion: Police Captain Richards reported the signs will say, "No Ped Crossing," and will be placed in several locations in the area. There will also be an international sign. Police enforcement will be in the area for the initial period to enforce the law. ACTION: Approved the request, and directed staff to prepare an ordinance authorizing the restriction. 2.9 Request for the installation of a traffic signal on The City Drive at the entrance to the Nexus City Square. (S4000.S.3.3) FISCAL IMPACT: None ACTION: Denied 2.10 Request for temporary suspension of Permit Parking restrictions for Area A, adjacent to Orange High School, Sunday June 14, 1992, Baccalaureate, and Thursday, June 18, 1992, Graduation. (S4000.S.3.1.2) FISCAL IMPACT: None ACTION: Approved. 2.11 Consider authorizing off-duty firefighters to use the restored 1921 American La France Fire Pumper, its trailer, a tow vehicle and passenger van to attend and compete in a Fire Muster in Virginia City, Nevada, on July 25-26, 1992. All costs will be paid by the off-duty firefighters. (P2500.0) FISCAL IMPACT: None Discussion: The Fire Chief reported the fire pumper will be transported on a trailer to the site. The vehicles will be covered for liability under the City' s insurance. The City Attorney commented there would be an exposure of liability in case of an accident, and without a waiver from the individual firefighters participating in this event, there could be some exposure on the part of the City if there was a work injury that occurred during this trip. This is a policy decision to be made by Council.Council discussion ensued, it was noted the firefighters participate in many events and the exposure is the same whether it is in Anaheim or out of State.ACTION: Approved. PAGE CITY COUNCIL MINUTES May 26, 1992 2. CONSENT CALENDAR (Continued) 2.12 Request the deletion of references to Professional Liability Insurance in the Professional Services Agreement with Hydrosolutions of California, Inc. for site assessment services associated with the Corporation Yard Underground Storage Tank Project. (A2100.0.A.1951) FISCAL IMPACT: None ACTION: Approved. 2.13 Request authorization of a Maintenance Renewal Agreement with PRC Public Management Services, Inc., for software maintenance at North Net Fire Communications for one (1) year extension. Funds in the amount of $23,000.00 have been allocated in Account No. 370-9601-426700 (Other Professional and Consulting Services). (A2100.0.A. 1361.E)FISCAL IMPACT: $23,000 budgeted in Fund 370 (North Net Fire Communications)ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.14 Request authorization to advertise bids for the installation of No Parking On Street Sweeping Days signs within the City of Orange. Engineer's estimate is $43, 000 for this contract, and is provided in Account No. 250- 5032-427100 (Contractual Services). A2100.0.A.1967)FISCAL IMPACT: $43,000 budgeted in Fund 250 (Traffic Safety Fund)ACTION: Approved.2.15 Request authorization to approve a Housing Accessibility Program Grant, and authorize the City Treasurer to prepare a check in the amount of $1 ,500. 00, Account No. 316-6053- 427800-1222 (HAP), Case No. 530.C25oo.G.1.3.4)FISCAL IMPACT: $1,500 budgeted in Fund 316 (CDBG Housing Rehabilitation CITY COUNCIL MINUTES May 26,1992 2. CONSENT CALENDAR (Continued) 2.16 Request authorization to approve a Homeowner Participation Program Grant and authorize the City Treasurer to prepare a check in the amount of $350.00, Account No. 316-6053-427800-1221, Case No. 529.C2500.G. l.3.1)FISCAL IMPACT: $350 budgeted in Fund 316 ( CDBG Housing Rehabilitation Rebate)ACTION: Approved.2.17 Request authorization to approve a Homeowner Participation Program Grant, and authorize the City Treasurer to prepare a check in the amount of $1 , 113.00, Account No. 316- 6053-427800-1221, Case No. 534.C25oo.G. 1.3. 1)FISCAL IMPACT: $1,113 budgeted in Fund 316 ( CDBG Housing Rehabilitation Rebate)ACTION: Approved.2.18 Request to approve the amended Uniform Bail Schedule, Title 10 of the Orange Municipal Code, to be used by the courts in setting bail for violations of Title 10.A25oo.0)FISCAL IMPACT: Increase will offset and balance current loss of revenue.ACTION: Approved.2.19 Request Council approve Parcel Map No. 91- 276 and accept the dedication of Santiago Canyon Road and the easement for public utility purposes. C2500.M. 16.1)FISCAL IMPACT: None ACTION: Approved.2.20 Request authorization to advertise bids for the installation of street lighting on S.Glassell St. from Santiago Creek to Culver Ave., and on Jewell St. from Chapman Ave. to Maple Ave., Bid No. 912- 35. Work contemplated in this contract is estimated at $59,000.00. (A2100.0.A.1968)FISCAL IMPACT: $31, 000 transfer from projects budgeted in Fund 284,Transportation System Improvement Program Area B Fees; $5,224 transfer from a project budgeted in Fund 251, Traffic Safety Fund; and $31,000 budgeted in Fund 920, Southwest CITY COUNCIL MINUTES ACTION: Approved request and authorized transfers. May 26,1992 2. CONSENT CALENDAR (Continued) MOTION - Barrera SECOND - Spurgeon A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon All items on the Consent Calendar were approved as recommended. Councilwoman Coontz abstained from Item 2.6.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1 Appointment of Bob Bennyhoff, by Mayor Beyer, to the Orange Park Acres Planning Committee to fill vacancy created by George Rach (term to expire 1131/93).ORI800.0.26.1)Mr. Bennyhoff commented this committee is important since there are projects that are still pending in the area. The one acre zoning needs to be protected.MOTION - Spurgeon SECOND - Coontz A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to ratify the appointment of Bob Bennyhoff. 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None PAGE 6 CITY COUNCIL MINUTES May 26, 1992 8.LEGAL AFFAIRS TAPE 365 8.1 RESOLUTION NO. 8011 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 91- 7 adjusting a lot line of certain real property situated south of Chapman A venue and east of Chandler Ranch Road. (C2500.M.16.1) Owners: Pollock, Gebhardt, Pitcher Mairena, Gilmore, Nakagawa, Huang, Xenos, High Horse Trail's Community Assoc. MOTION SECOND AYES Coontz Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8011 as introduced be adopted and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 8013 A Reso]ution of the City Council of the City of Orange rescinding a mandatory conservation program and reinstituting a voluntary water conservation program. (C2300.K)MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8013 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 80]4 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and granting a Conditional Use Permit to allow expansion of a hospital, a temporary parking lot and structural height in excess of two stories in the OP District upon property situated in the vicinity of Main Street and LaVeta Avenue.C3300.0)Conditional Use Permit No. ] 948-91 Applicant: Children's Hospital of Orange County MOTION SECOND AYES T Barrera Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon PAGE 7 CITY COUNCIL MINUTES May 26, 1992 That Resolution No. 8014 as introduced be adopted and same was passed and adopted by the preceding vote. 8. LEGAL AFFAIRS (Continued) 8.4 RESOLUTION NO. 8015 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and granting a Conditional Use Permit to allow a nine-unit residential condominium development with reduced front yard and garage dimensions upon property situated on the north side of Lincoln Avenue approximately 970 feet east of Glassell Street. (C3300. 0)Conditional Use Permit 1952-92 Administrative Adjustment 92-5 Applicant: Thomas A. Williams MOTION SECOND AYES Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8015 as introduced be adopted and same was passed and adopted by the preceding vote. 8.5 RESOLUTION NO. 8016 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 subdivision of property situated on the north side of Lincoln Avenue, approximately 970 feet east of Glassell Street. T4000.0) Tentative Tract 14577 Applicant: Thomas A. Williams MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8016 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 8 CITY COUNCIL MINUTES May 26, 1992 8. LEGAL AFFAIRS (Continued) 8.6 RESOLUTION NO. 8017 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and granting a Conditional Use Permit to allow construction of an accessory second dwelling unit upon property situated at 1614 Hunters Way. (C3300.0) Conditional Use Permit 1949- 92 Applicant: Tom & Sheila Hamilton MOTION SECOND AYES Coontz Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8017 as introduced be adopted and same was passed and adopted by the preceding vote. 8.7 ORDINANCE NO. 10-92 An Ordinance of the City Council of the City of Orange adding Chapter 12.66 of Title 12 to the Orange Municipal Code prohibiting encampment and camping on the public streets or public property. (A2500.0)MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 10- 92 have second reading waived and same was passed and adopted by the preceding vote. 8.8 ORDINANCE NO. 6-92 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 north of the City of Villa Park, south of Anaheim Hills (City of Anaheim), west of the future extension of Lorna Street and east of Meats Avenue. (ZI500.0)PAGE 9 CITY COUNCIL MINUTES May 26, 1992 8. LEGAL AFFAIRS (Continued) ZOne Change 1142- 91 Southridge Development Company MOTION SECOND AYES Coontz Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 6-92 have second reading waived and same was passed and adopted by the preceding vote.8. 9 ORDINANCE NO. 11-92 (SECOND READING) 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 along Santiago Creek west of Tustin Street. (ZI500.0) Zone Change No. 1152- 92 Santiago Creek Associates MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 11-92 have second reading waived and same was passed and adopted by the preceding vote.8. 10 ORDINANCE NO. 12-92 (SECOND READING) An Ordinance of the City Council of the City of Orange approving and adopting a Development Agreement with Santiago Creek Associates for the development of approximately 37 acres of land lying generally along Santiago Creek west of Tustin Street. A21oo.0 - A.1966)MOTION SECOND AYES Coontz Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 12- 92 have second reading waived and same was passed and adopted by the preceding vote. PAGE 10 CITY COUNCIL MINUTES May 26, 1992 8. LEGAL AFFAIRS (Continued) 8.11 ORDINANCE NO. 7-92 (SECOND READING)An Ordinance of the City Council of the City of Orange mandating the strengthening of unrein forced masonry buildings as required by State Law. (A2500. 0) MOTION SECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 7-92 have second reading waived and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon The Orange Redevelopment Agency adjourned to an Adjourned Regular Meeting, June 2,1992 at 3:00 P.M. in the Weimer Room to discuss the 1992/93 budget.10. ORAL PRESENTATIONS Open discussion of items not previously discussed on the Agenda Brent Hunter, Executive Director for the Chamber of Commerce commended the Council for their efforts to keep TRW in the City of Orange.PAGE 11 CITY COUNCIL MINUTES May 26,1992 11. RECESS The City Council recessed at 3:30 P.M. to a Closed Session for the following purposes: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: City of Orange vs. Steven D. Wymer, et al. United No. 922141 SVW States District Court Case NOTE: The City Attorney added: City of Orange vs. County of Orange, Orange County Superior Court Case 68 18 89 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 potentiallitigation pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. f. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. NOTE: The City Council recessed at 4:25 P.M. to a Joint Study Session with the Planning Commission in the Weimer Room, to consider the Seven Year Capital Improvement Project. PAGE 12 CITY COUNCIL MINUTES May 26,1992 7:00 P.M. SESSION 12. INVOCATION Pastor Terry L. Rommereim, Christ Lutheran Church 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONSFriendly Stop Community Coalition, accepted by Cindy Mediavilla, City of Orange Main Library Manager 12.5 PRESENTATIONS - None 13. PUBLIC HEARINGS TAPE 857 13.1 RESIDENTIAL HOUSING OCCUPANCY STANDARDS, CITY OF ORANGE:The public hearing on petition by the City of Orange to consider a proposed enactment of an ordinance to establish residential housing occupancy standards to the Orange Municipal Code has been continued from May 19, 1992 to this time.MAYOR BEYER OPENED THE PUBLIC HEARING.Councilwoman Coontz gave the following introductory remarks: "Almost six years ago,shortly after I was elected to the City Council, 1 began to receive calls from constituents complaining about heavy street parking that was spilling over from apartment complexes into adjoining single family residential areas. Special parking programs were initiated by the City to help regain the feeling of well being in those neighborhoods. But, we soon realized the root cause of the many complaint calls to the Council, the Police Department and Code Enforcement were due to overcrowded residential units. As time marched on, calls began to come in from throughout the City and the complaints were essentially the same. The Council and Code Enforcement staff created a Task Force of representatives from Police, Fire, Code Enforcement, Traffic and other departments to effectively deal with the effects of overcrowding problems through a team approach. Numerous meetings were held with residents and apartment managers to attempt to come up with reasonable and effective solutions. When we met with cooperative managers, we achieved some success. Almost two years ago, Councilman Steiner and I began working toward an ordinance to limit occupancy and residential living units with the assistance of staff members and the Apartment Owners Association of Orange County. The COllncil gave us the go ahead to proceed with the ordinance before you this evening.PAGE 13 CITY COUNCIL MINUTES May 26, 1992 13. PUBLIC HEARINGS (Continued) The City of Orange values the good housing stock we find in our City, and we have a history of taking action to preserve or enhance what we already have to eliminate deteriorated living conditions. We initiated: 1) a rental rehabilitation program, which provides low interest loans through the Redevelopment Agency for owner investors of rental property. 2) Community Development Block Grant Funds to develop and rehabilitate affordable housing and provide below market interest rate loans and deferred payment loans for owner-occupied homes. 3)The Orange Housing Development Cooperation, established with a $400,000.00 grant to get the non-profit off the ground. OHDC is in the process of developing two projects of 22 well managed, high quality affordable housing units. 4) The Orange Redevelopment Agency projects using 20% of the increment for project areas is mandated by State law for affordable housing.Recently, a Housing Needs Survey was conducted to determine housing needs and to take notes of areas in which deteriorated housing has taken place. None of the programs, however,have been able to adequately address the rapid deterioration, escalating crime, and declining property values of our housing stock."Councilman Steiner gave the following remarks: As you will see later in this presentation,living conditions observed by Code Enforcement staff are less than adequate in many areas of the City. They have identified apartments occupied by up to 20 to 40 individuals. Situations like this negatively impact our schools, utilities, the City's infrastructure and other public services and with overcrowding comes vandalism, gangs, graffiti, and a deteriorated quality of life. We as elected officials have been entrusted by the citizens of Orange to provide safe,liveable communities within our City. The time has come for developing strategies for problem solving and a role for implementation. In the absence of public policy to manage overcrowding, there is potential for environmental degradation and decreasing quality of life.Our objective is to ensure the safety and welfare of residents living in high density buildings without robbing them of the only home they can afford."Councilwoman Coontz further remarked: "We can credit our staff with prodigious research and careful compilation of records in pursuit of an ordinance sensitive to the establishment of standards to address overcrowding, and at the same time prevent the negative impact on surrounding neighborhoods which can violate the rights of other property owners. The hundreds of citizens who have complained to us about the effects of overcrowding are the individuals who for the most part have long term investments in their homes and in their community and see the prospect of their investment being lost. The political consequence of this conflict creates a good deal of pressure on our City to protect property values and the quality of residential neighborhoods. Therefore, it is necessary that we take a strong leadership position in addressing this social issue of overcrowding." PAGE CITY COUNCIL MINUTES May 26,1992 13. PUBLIC HEARINGS (Continued) Ed Tunstall, representing the Police Department presented comparative statistics on the increase of crime at the Orange Villa Apartments, and other apartment complexes in the City. 12.5 % of the all crimes studied occurred in the Orange Villa Apartment study area. 13 % of all robberies, 10% of all burglaries and 16% of all auto burglaries occurred in the same study area. This district has the highest crime rate in the City. There are other factors that may affect crime problems in the City, it appears obvious that overcrowded conditions contribute significantly. Mary Ann Chamberlain, representing Advanced Planning and Susan Tully, Code Enforcement Manager explained various slides that depicted important statistics from the study, and discussed a further breakdown of the Police Department's statistical reports. Door to door inspections were conducted in 1989, and with cooperation from the property owners in the HooverlWilson area apartments, the numbers of people occupying the apartments were reduced. The Orange Park Villas, had door to door inspections also beginning in 1989 with 203 per year, 1990 had 453, and 715 in 1991. The difference between HooverlWilson area and Orange Park Villas, is that while the same manforce was applied, crimes and calls for Police service has continued to rise, which is directly attributed to not being able to reduce the numbers of the people in the apartments. Cooperation has not been given from the property owner. Bob Herrick, Assistant City Attorney, reported, after studying ordinances adopted or proposed by other cities facing the same problem, Mr. Herrick has been told by other city representatives that are now involved in litigation, that Orange's is the most complete and thorough of any study done on the subject. The proposed ordinance sets occupancy standards, declares overcrowding dwelling units to be public nuisances and dangerous buildings subject to abatement under the Municipal Code and State Law; provides for notices of violations, informational notices to be given to the landlord and the tenant by mail and by posting; it provides for prospective application in order to avoid interfering with existing legal rental relationships and to prevent wholesale displacement of people currently legally occupying dwelling units in the City. The Ordinance will not be effective until 90 days after adoption, and then would apply when a new agreement is entered into, or new occupants move into a dwelling unit. The occupancy standards are as follows: I) 2 persons per bedroom, plus one additional person per dwelling unit; 2) ordinance sets a square footage standard of 120 sq. ft. per occupancy, excluding bathrooms, halls, kitchens and closets and other non-living space; 3) ordinance sets an overall maximum of 7 occupants per bathroom in order to properly address sanitation and other concerns. The maximum number of occupants permitted is the greater of the number permitted under the bedroom and square footage requirements, but cannot exceed the number permitted by the per bathroom standard. Exceptions are provided for infants and temporary guests, who occupy the dwelling unit for not more than 14 consecutive days, nor more than 30 days in any calendar year and who pays no rental or fee to any owner or tenant of the dwelling unit for the right to occupy it. Enforcement will require a cooperative effort between the City,apartment owners and managers.PAGE CITY COUNCIL MINUTES May 26, 1992 13. PUBLIC HEARINGS (Continued) The proposed ordinance is similar to the ordinance adopted by the City of Dana Point and the standards contained in the Apartment Owners proposed model. This ordinance differs in that it permits 7 persons per bathroom, rather than 6 in order to maintain consistency with the Federal Guidelines for the three bedroom one bath apartment unit. The Director of Community Development responded to a question by Councilwoman Coontz regarding the difference with the proposed ordinance (#4) of the City of Orange and the City of Santa Ana's regulation on inspection of every property in the City. No mandatory inspections of residential units has been directed by the Council. This issue is directed towards standardizing the inspection procedure, simplifying it, putting it in a regular format, so it is done in a consistent manner with consistent standards; and establishing a reinspection procedure. We have looked at the possibility of treating apartments as businesses and regulating them through the business license procedure, which will be reviewed in the future. Mayor Beyer announced the following phone calls had been received in favor of the proposed ordinance: George and Norma Eden, 468 Hamlin Richard and Margaret Harbier, Dunas Street The following people spoke in favor: W. D. Bonner, 222 N. Shasta St. Linda Boone, 217 E. Chapman Ave. Bill Adamo, 230 N. Dunas St. Richard Lambros, 12900 Garden Grove Blvd., #120, Garden Grove, representing the Apartment Association Sal Garnica, 2723 Santa Ana Blvd. Russ Barrios, 235 E. Maple Nancy Gaisbauer, 287 N. Olympia Way Their comments were expressed as follows: Support Council's hard work. Mr. Adamo asked the following questions: If cooperation from the landlord is not obtained, how can this ordinance be enforced? How can we obtain proof? What are the types of penalties faced by the landlords? Mr. Lambrose, on behalf of the Apartment Association, requested a two week continuance to allow further discussion of the enforcement side of this issue. Residents living near overcrowded apartments everyday face crime and burglary. Adopt this ordinance now, and begin the enforcement process to keep adjoining neighborhoods protected. PAGE 16 CITY COUNCIL MINUTES May 26, 1992 13. PUBLIC HEARINGS (Continued) The Assistant City Attorney gave the following responses: I) The ordinance allow the City to enforce it without cooperation from the landlord. There will be a response from every complaint of the community, and complaints by people within the residential units. Councilwoman Coontz remarked this ordinance is not like the City of Santa Ana's, both Police and Fire personnel have the opportunities, as well as sanitation to visit residences and apartments, and they will report the conditions to the Code Enforcement Division for action. The Assistant City Attorney reported the ordinance provides that a violation of a property owner or manager would be a misdemeanor punishable by either or both, of a fine and up to 6 months in jail. These violations would be handled on a case by case basis. The ordinance would allow prosecution for each unit as to whether the courts would uphold an attempt to prosecute for each individual occupancy, there being no solid determination on that point. THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION - Coontz SECOND - Barrera A YES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that Ordinance No. 8-92 is exempt from the provisions of the California Environmental Quality Act by viture of CEQA Guidelines, Section 15061b(1), andSection 15061b(3).ORDINANCE NO. 8-92 An Ordinance of the City Council of the City of Orange adding Chapter 8.06 establishing Residential Housing Occupancy standards to the Orange Municipal Code.MOTION SECOND AYES Coontz Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to adopt first reading of Ordinance No. 8-92 by title only, and set for second reading on June 9, 1992.MOTION SECOND AYES Coontz Steiner Steiner, Barrera, Mayo Beyer, Coontz, Spurgeon Moved to authorize staff to study and evaluate the feasibility of creating a Multi-Family Residence Manager's Training and Certificate Licensing Program, and the feasibility of adopting other new programs to address a variety of inspection procedures.PAGE 17 CITY COUNCIL MINUTES May 26, 1992 RECESS - The City Council recessed at 8:30 P.M. and reconvened at 8:40 P.M.. 13. PUBLIC HEARINGS (Continued)13. 2 VARIANCE NO. 1929-92 TAPE 3452 CONDITIONAL USE PERMIT 1974-92, (C2300. 1)ADMINISTRATIVE ADJUSTMENT PERMIT 92-16,QUEEN ANNE HOUSE, OLD TOWNE PRESERVATION ASSOCIATION:Time set for a public hearing on petition by the the Old Towne Preservation Association to consider Variance No. 1929-92 to allow less than the code required street side yard building setback, Conditional Use Permit 1974-92 to allow the move-on of an existing structure onto the property from another site, and Administrative Adjustment Permit 92-16 to allow less than the code required vehicular back up distance. Additionally, the applicant is requesting a waiver of dedication requirements for the project's La Veta Avenue frontage. The proposed project consists of moving an existing single story, single family residential structure Commonly known as the "Queen Anne" House) onto property located at 222 E. La Veta Avenue. The property currently contains an existing residence and detached garage structure.This project was referred to the City Council by the Zoning Administrator.NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Sections 15301 and 15303.Mayor Beyer announced he owns property within 60 ft. of the project site. The City Attorney advised the Mayor that he disqualify himself and withdraw from any decision making on this issue. Mayor Beyer stepped down from the podium, and Mayor pro tern Barrera conducted the hearing.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The Director of Community Development reported the applicant is proposing to acquire the house from the City and move it from its current location of Almond and Pixley Street. After the move, it would be restored and used as a single family residential structure.The setback is measured from the current property line, adjacent to La Veta, is 11 feet. The ultimate right-of-way line is 10 ft. closer to the structure. La Veta currently is, and has been listed on the City's Master Plan of Arterial Streets for many years as a secondary arterial highway with an ultimate width of 80 feet. Under this current ordinance, this would require a 10 ft. dedication and improvement on the property with the issuance of the building permit.Council has recently taken action on this segment of La Veta, between Glassell and Cambridge was to defer that decision and include this segment with a larger Old Towne Circulation Study.Until that study is complete, the status of La Veta in this area remains as it has been for many years, a secondary highway.The applicant requested a waiver of the dedication requirements. An appeal hearing was held by the Director of Public CITY COUNCIL MINUTES May 26, 1992 13. PUBLIC HEARINGS (Continued) The Director of Public Works commented the waiver was not granted. The street had been on the Circulation Element, and the need for the dedication has existed for many years. If there would have been a project on the street, the City would have acquired the property. Council has directed a Southeast Quadrant Study, but has not commenced as of this date. It is planned to begin at the start of the next fiscal year. It is anticipated the study will take approximately one year because of the coordination efforts with the County and OTCA. There is no guarantee at the end of that process we will find replacement capacity. Many street projects are dependent upon certain funds, and any action that would show Council has no intent to implement its Master Plan of Arterial Highways could cause the City to become ineligible for the grant funding programs. The Department of Public Works has strongly advised Council against any action that might place those funds in jeopardy. The Director of Public Works commented since the Southeast Quadrant Study has not begun, there is no indication to what extent people will accept the shifting of traffic onto parallel streets. Also, any parallel capacity that's found has to also be presumed acceptable to the County to ensure the City does not do anything in a unilateral fashion. The following people spoke in favor of the Queen Anne House: Shannon Tucker, 556 E. Culver Dan Slater, 278 N. Pine St. Lisa Blanc, 368 S. Orange St. Margo Andrews, 504 E. Culver Frank Tucker, 556 Culver Dean Hiser, 545 S. Grand Rich Robertson, 477 S. Orange St. Steve McHarris, 485 S. Orange St. John Whitriver, 194 S. Pixley Mary Ann Skorpanich, 292 Cambridge Their comments were expressed as follows: Since Mike Alvarez donated the home, Old Town Preservation Association offered an alternative to move the home instead of demolition, because of the time period involved. This site was OTPA's only alternative. This is one of the three existing Queen Anne Victorian cottages left in the City, and possibly the County. Save a piece of the heritage, turn this into a hands on project, and give a boost for Old Towne. What is being done to reclassify La Veta Avenue, and a time table for the study needs to be presented. The Queen Anne House will add ambience to Old Towne, and upgrades the property. Downsize La Veta Avenue. Opposed to any thoughts of widening La Veta Avenue. PAGE 19 CITY COUNCIL MINUTES May 26,1992 13. PUBLIC HEARINGS (Continued) Speaking in opposition: Ei!een Hertfelder, 720 E. Culver Pete Eberhardt, 515 S. Orange St. Carol Walters, 534 N. Shaffer St. Linda Eberhardt, 515 S. Orange St. Corinne Schreck, 446 N. James St. T. J. Clark, 811 E. Chapman Alice and Duncan Clark, 205 N. Pine St. Will Chambers, 242 W. Olive Their comments were expressed as follows: A special interest group wants to save a house that is too large for the lot. They are asking for things the rest of us have not been allowed to do. The house will block the view from pedestrians and cars exiting the property. Wait for the right house that will sit better on the lot. The house will be improved and probably sold for a profit. It is wrong to dedicate the 10 ft. and not let others do it. Problems will arise in the neighborhood with the homeless breaking in, crime will rise, children will want to play around the house. Fear that this house will be an on-going project with no end.If a variance is granted, the City will set a precedent here.To date a total of $30,000 has been spent on the Queen Anne House, and it is getting ridiculous, this issue needs to be closed.Many supporters want a lifeline to prevent the future widening of La Veta Avenue.The house is not architecturally compatible for the neighborhood.Deny the CUP and project, and schedule the demolition immediately and relieve the taxpayers of this continuing burden and allow the OHDC Senior apartment project to go forward.All the houses on the street are very small. The Queen Anne house is 22 ft. high, and will tower over the other homes. REBUTTAL:Shannon Tucker commented the setback requirements are within normal limits. The lot is 50 ft. wide, with a 11 ft. setback off La Veta that is being altered by the dedication, where the hardship is being created. The house is being placed 8 ft. from the Heberhardts house because their house is very close to their lot line. There is enough turnaround space, parking, outdoor and indoor for a duplex type lot. There is a 20 ft. setback in the front yard, and chose to keep a streetscape for the neighborhood, thereby sacrificing more yard. The lot is small for the house, but it does fit. If the fortitude of which this street is coming through on La Veta is so strong, why don't they come and take the land frolll these people instead of keeping them in limbo for 30 years.PAGE CITY COUNCIL MINUTES May 26,1992 13. PUBLIC HEARINGS (Continued) The State office is perplexed by the lack of action taken on the preservation plans. The Historic Element and Preservation Plans are outstanding. They are perplexed there are no move-on or financing programs or rehabilitation loans from the City. It has been difficult to try to make this work by ourselves.Carol Walters, if you place a house on that lot, everyone in the neighborhood will suffer.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING.The Administrator of Economic Development reported the bidding process has occurred for demolition, however the bidders were told to wait until Council has made a decision. If there are offers on the house, advise the City Council through the City Manager.Council discussion ensued relative to the street funding process and the jeopardizing of funds.It was noted at the time the motion was made for a Circulation study on the Southeast quadrant, there is a need for the entire four quadrants to be studied. Councilwoman Coontz commented the amended Southwest Redevelopment area which covers the Old Towne area does not allow for any assistance from Redevelopment.MOTION - Spurgeon SECOND - Steiner A YES - Steiner, Barrera, Coontz, Spurgeon DISQUALIFIED - Mayor Beyer Moved that the project is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA) per State CEQA Guidelines, Sections 15301 and 15303.MOTION - Spurgeon SECOND - Barrera A YES - Steiner, Barrera, Coontz, Spurgeon DISQUALIFIED - Mayor Beyer Moved to deny Variance No. 1929-92. MOTION - Spurgeon SECOND - Steiner A YES - Steiner, Barrera, Coontz, Spurgeon DISQUALIFIED - Mayor Beyer Moved to deny Conditional Use Permit 1974-92.PAGE 21 CITY COUNCIL MINUTES May 26,1992 13. PUBLIC HEARINGS (Continued) MOTION - Spurgeon SECOND - Steiner A YES - Steiner, Barrera, Coontz, Spurgeon DISQUALIFIED - Mayor Beyer Moved to deny Administrative Adjustment Permit 92-16.MOTION - Spurgeon SECOND - Barrera A YES - Steiner, Barrera, Coontz, Spurgeon DISQUALIFIED - Mayor Beyer Moved that the fees in the amount of $786.00 submitted by Old Towne Preservation Association be refunded.MOTION - Barrera SECOND - Coontz A YES - Steiner, Barrera, Coontz, Spurgeon DISQUALIFIED - Mayor Beyer Moved to deny the appeal on the waiver of dedication.13. 3 1992-93 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CITY OF ORANGE: Tape 2, # 608 (C2500.G.1.3)Time set for a public hearing on petition bythe City of Orange to consider funding recommendations and receive public comment regarding the City of Orange 1992-93 Community Development Block Grant (CDBG) Program. The City plans to receive $908,000 in 1992-93 CDBG funding from the United States Department of Housing and Urban Development, and reprogram $58,400 in prior year carryover for Fiscal Year 1992-93.Proposed programs include capital improvements and public service activities.MA YOR BEYER OPENED THE PUBLIC HEARING. The Manager of Community Development Block Grant Program, Mary Ellen Laster, reviewed the following 1992/93 requests for Community Development Block Grant, and the committee recommendations:PAGE 22 T - CITY COUNCIL MINUTES May 26,1992 13. PUBLIC HEARINGS (Continued) Requesting Agencies Request Recommendation Caryover City Departments Comty Dev Administration $181,600 $181,600 Library - Friendly Stop 33,534 30,000 Public Works Storm Drain Replacement 300,000 300,000 St. Reconstruction Proj. 123,750 123,750 $53,400 Water Main Replace 130.000 130.000 Subtotal $ 768.884 $765.350 Nonprofit Agencies Adam Walsh Child Resource Ctr Safety Education Prog 10,000 5,000 Is moving to Orange)Advanced Resources for Foster Kids ( ARK) Counseling Ctr 5,000 5,000 Assistance League of Orange Dental Health Center 25,170 5,000 Operation School Bell 30,000 0 Central Orange County YWCA Fair Housing Program 42,136 34,000 Council of Or County Society St. Vincent DePaul Mary' s Kitchen 293,125 0 El Modena Service Co.Block Wall Construction 6,608 6,608 Family Shelter 20,000 15,000 Exchange Club Child Abuse Prevention Ctr of Or County Recruitment and Training of Parent Aides 4,000 2,000 Friendly Center, Inc.Escuelita Pre-School 5,000 0 PAGE 23 CITY COUNCIL MINUTES May 26, 1992 13. PUBLIC HEARINGS (Continued) Requesting Agencies Request Recommendation Carryover H.O.M.E.S. Inc. Swidler House 27,930 5,000 Hortline of So. Calif. Hotline-Homeless Tracking System 5,000 0 Interval House-Interval House Crisis Shelters 10, 000 0 Lestonnac Free Clinic Pt-Time Psychologist 54,000 0 Mariposa Women's Ctr Substance Abuse Counseling 25, 000 8,000 Olive Crest Treatment Ctrs. Refurbishment of Olive Crest Group Homes 15, 900 8,000 Orange Children & Parents Together, Inc.Project-Rent 12,000 5,000 Project- Play 11,024 7,000 Orange County Assoc,for Retarded Citizens Employment Program 25,000 9,000 Orange County Youth &Family Services-Amparo Youth Shelter 25,000 8, 000 Orange Housing Dev. Corp OHDC Group Home 5, 000 5,000 Orange YMCA Teen Explorers 11, 500 0 Rehabilitation Institute of Southern California BathlDressing Room Renovations 60, 000 5, CITY COUNCIL MINUTES May 26, 1992 13. PUBLIC HEARINGS (Continued) Requesting Agencies Request Recommendation Carryover Service People in Need, Inc. Substance Abuse Rehab Prog 9,000 0 Shelter for the Homeless Bitterbush Family Shelter 15,000 0 Stop- Gap Therapeutic Drama Workshops at Orangewood Home 2,730 2, 730 Women's Transitional Living Center, Inc. WTLC Community Outreach Program 12,000 6, 470 Subtotal 767,123 142,650 5, 000 GRAND TOTAL $1.536.007 $908.000 $58. 400 Ms. Laster commented all 15 % of the service cap has been allocated, which is the amount of money available for counseling type programs. The amount of dollars for social service agencies is $136,200. 00.Linda Boone, Executive Director of OHDC, reported they intend to buy a group home for six adults and enter into a contract for social services to do management, referrals and counseling services. The property is yet to be selected. OHDC's part is to be property managers only.Harry St. George, committee member, presented a minority report.Jan Mickelson, YWCA, 328 N. Glassell, Assistant Executive Director, requested $38,000 to operate the YWCA's Fair Housing Program. Judy Skalnich, Fair Housing Director,commented fair housing is provided for the City of Orange only. The YWCA provides dispute resolution service to the entire County. 90% of the cases received are landlordltenant and they are not charged if they are in the City of Orange.Alice Clark, 205 N. Pine St., new member of the CDBG Committee, commented on the selection process.Scott Mather, representing Council of Orange County Society of St. Vincent DePaul, 180 S.Cypress, remarked their request for $293,125.00 is to use this for a capital improvement project which is part of the social infrastructure.Beverly Nestande, thanked Council for their efforts towards the social problems.PAGE CITY COUNCIL MINUTES May 26,1992 13. PUBLIC HEARINGS (Continued) Joyce Hernan, Executive Director for Retarded Citizens, 1449 W. Orangegrove, reviewed the program and their budget problems over the past few years. The Library Director, Karen Leo, explained no funds were budgeted for the Friendly Stop in the City's 1992/93 budget. The grant extends through September 30, 1992, and the requested funds would allow the program to continue through June 30, 1993. The funds requested are for salaries. For the past three years, funds have come from the California State Library Partnerships For Change. THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Steiner Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve the proposed City of Orange 1992-93 Community Development Block Grant (CDBG) Program as recommended by the CDBG Committee.MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to authorize staff to request and receive $908,000 in 1992-93 CDBG funding from the United States Department of Housing and Urban Development, and reallocate 1991-92 carryover in the amount of $58,400 for Fiscal Year 1992-93.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Open discussion of items not previously discussed on the Agenda.Carol Walters, 534 N. Shaffer, complained about a parking problem at the 500 block of North Orange Street, The Mayor directed the Traffic Engineer to contact Mrs. Walters.Bob Mickelson, 328 N. Glassell, expressed support for the occupancy limit ordinance.Dan Slater expressed support for the overcrowding ordinance. Mr. Slater further commented about the graffiti problem indicating when he calls the graffiti hot line, there is a recording,which does not help to remedy the problem immediately.. He feels the graffiti should be removed as soon as possible, instead of the Police Department taking pictures and investigating. The Mayor commented the situation would be reviewed.PAGE 26 CITY COUNCIL MINUTES May 26, 1992 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon City Counci! will adjourn to an Adjourned Regular Meeting, June 2, 1992 at 3:00 P.M. in the Weimer Room to discuss the 1992/93 Budget.CITY CLERK PAGE 27