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04-23-1991 Council Minutes466 APPROVED BY CITY COUNCIL ON MAY 14, CITY COUNCIL MINUTES OF A REGULAR MEETING 1991- ORANGE, CALIFORNIA APRIL 23, 1991 The City Council of the City of Orange, California convened this 23rd day of April, 1991 at 3:00 p.m. in the Council Chambers, 300 E. Chapman Avenue. Oranae. California. 1. OPENING Mayor Beyer announced the annual Youth in Government Day was held today, with students from four Orange Unified School District high schools participating. They held a mock city Council meeting. 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1. 2 ROLL CALL PRESENT - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES C2500.D.4)Regular Meeting - April 16, 1991 MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved as corrected.1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS 1. 5 PROCLAMATIONS a. National Day of Prayer, 1991. This proclamation was mailed to the National Prayer Committee.b. Youth Week - May 1-8. Proclamation was accepted by Retired Police Lt. Mike Leintz on behalf of the Orange Elks Lodge, who will be sponsoring National Youth Week May 1-8, 1991 in Orange. Exalted Ruler Leintz reported that Councilman William steiner will be the keynote speaker at Youth Day, May 1st.2.CONSENT CALENDAR TAPE 305 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of city Council Agenda of a regular meeting of April 23, 1991,at the City of Orange, Main Library, the Eisenhower Park Bulletin Board, and the New Police Facility at 1107 N. Batavia,all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.Page 1 467 CITY COUNCIL MINUTES APRIL 23, 1991 2. CONSENT CALENDAR (Continued) 2.2 Authorize Mayor and Director of Finance to draw warrants on city Treasurer in payment of demands. ACTION: Approved payment. 2.3 Request from Community Development to transfer of $15,200 from account 100-6033-427800 (Other Contract Services) into accounts: 100- 6011- 426700 100-6011-445200 100-6032- 471301 500-1601-481301-9303 100-6001-441101 100-6021-449100 (C2500. G)ACTION: Approved.2.4 Request approval for appropriation of $75,000 from Water Dept.unappropriated fund balance to Account 600- 8011-462202- 8919 for legal fees and engineering fees for the Irvine Lake Water Appropriation Application. (C2500.M)ACTION: Approved.2.5 Award Bid # 901-45 for Street Maintenance 1990-91 at various locations in the City of Orange to All American Asphalt Inc.,in the amount of $1,018,077.88 and reject all other bids. Fund Nos. 260- 5021-783300-3112, 260-5021-483300-3001,260-5021-483300-3181, 260- 5021-483300-3111,260-5021- 483300-3112, 271-5021-783300-3111,271-5021-783300-3121, 271-5021- 483300-3111,General Services Fund, and Water Department Fund.A2100. 0 A. 1784)ACTION: Approved.Council requested that the number and the name of the account be included in future budget requests.2.6 Request approval for extension of time for Orange Homes haul permit until August 1, 1991. (T4000.0 Tract No. 13842) ACTION: Approved.2.7 Request for the installation of a ' Driveway 468 CITY COUNCIL MINUTES APRIL 23, 1991 2. CONSENT CALENDAR (Continued) 2.8 Request for the installation of a 'Driveway Vision Zone' on the West side of Newport Blvd. south of Chapman Ave. at the Orange Canyon Village Shopping Center. Funds for this work are provided in the department's normal operating budget under Fund 250-5032-427100. S4000.S. 3.1)ACTION: Approved the installation of 'No Stopping Anytime-Tow Away' restrictions on the west side of Newport Blvd. between Chapman Ave and White Oak Ridge.2.9 Review and file Orange County Transit District's new policy for bus re- routing requests. (OC1300.D)ACTION: Received and filed report.2.10 Request for the installation of a 'No Parking Anytime-Busses Exempt' zone on the north side of Palm Ave. west of Main st. at Sycamore Elementary School. Funds for this work are provided in the department's normal operating budget under Fund No# 250-5032- 427100. (S4000.S.3.1)ACTION: Approved.2.11 Request permission for the Orange Jaycees to hold their Annual Parade and May Festival at Hart Park on May 9-12, 1991 and that all fees be waived. (P1300.0.9)ACTION: Approved.2.12 Request approval of the budget transfer of $5,500 from the City Council Materials & Supplies Account 100-0101- 426700 to the Data Processing capital outlay account 500- 1601-481301-9303 for the purchase of a computer & printer for the Council Secretary. (C2500.E) ACTION: Approved.2.13 Request authorization to advertise to invite bids for the development of pitcher Park, 204 S. Cambridge st. C2500.M.4.16)ACTION: Approved.MOTION - Mayor Beyer SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon All items on the Consent Calendar 469 CITY COUNCIL MINUTES APRIL 23, 1991 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS Non- agenda item: Councilman steiner asked for permission to leave the state. MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to grant Councilman Steiner permission to leave the state from May 13-16, 1991.5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 353 5.1 Report from Advertisinq & Promotional Fund Policy Committee for funds to be transferred from the Unappropriated Surplus (Fund 2351 .for the purposes set forth: (OR1800.0.17)a. For a dedication reception honoring the naming of the Police Facility as the "Michael Parker Police Facility" in an amount not to exceed $5,000;b. For expenses in hosting a business tour of Russian dignitaries in an amount not to exceed $1,500. The Mayor reported these Russian officials are considering Orange as a possible site for a Russian Trade Center.MOTION SECOND AYES Barrera Spurgeon Steiner,Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve an appropriation to the Advertising and Promotional Fund in the amount of $ 6,500 for the purposes set forth above.6.ADMINISTRATIVE REPORTS TAPE 391 6.1 Water Conservation Policy. C2300.K)The Water Department Manager reported that this resolution incorporates Metropolitan Water District of orange County's recommended practices for all participating agencies. MWDOC outlines recommended prohibited uses of water that are wasteful and negligent,and encourage their constituents to outlaw them. Current code sections of the Orange Municipal Code prohibit wasteful and negligent use of water and authorize discontinuance of water service if these practices continue.Page 4 r 470 CITY COUNCIL MINUTES APRIL 23, 1991 6. ADMINISTRATIVE REPORTS (Continued1 Resolution 7793 outlines water uses that would be considered wasteful, such as irrigation systems that over-spray and otherwise allow water to run off landscaped areas into adjoining streets,sidewalks or other paved surfaces due to incorrectly directed or maintained sprinklers and excessive watering, watering landscaped or turfed areas during the hot part of the day between the hours of lO:OO a,m. and 4:00 p.m. and on windy days, operating decorative fountains without a water recycling system, hosing down driveways,sidewalks or other surfaces except for health and safety reasons,washing cars or other vehicles without using a bucket and/or a hose with a shutoff nozzle, and leaving sprinkler pipes, faucets and other plumbing fixtures unrepaired.The City of Orange will expect restaurants not to serve drinking water to customers unless specifically requested. If drought conditions continue, the city will consider further methods of achieving its conservation goals.Council expressed strong support of the water conservation program,indicating the City must set an example for the community by its own conservation practices. A number of suggestions were made at the recent study session. These included the use of drought-resistant plantings, drip systems and other water conservation techniques for all new developments. City plumbing should be checked for leaks, and water saving devices should be used in all city buildings. Waste water reclamation activities should be increased for both irrigation and drinking water use. The city should explore the possibility of its own reclamation plant and consider a dual piping system for domestic and irrigation water uses for the entire city. The public information program should be enhanced through the use of cable, and the highest 10% water users in the city should be contacted to help them attain lower water usage. The city should seek assistance from the American Society of Landscape Architects in preparing informational brochures on drought-resistant plants for the public at-large, including an illustrated listing of plants with botanical and common names plus other helpful information.Dorothy Gibson, 3032 Oceanview st., addressed the Council to request the watering hour restrictions indicate Standard Time or Daylight Savings Time. Council directed the Water Manager to check into the matter.Council directed the City Manager to work with the Water Department and other departments of the City and anyone else who can be of help to achieve a long-range positive program for water conservation in the city.The Director of Public Works assured the Council that their department is continuing to work in these areas, including the landscape ordinance that will be coming to the Council for approval.Water conservation is here to stay and will be an ongoing concern of City Staff. Council asked to be updated quarterly on progress in the City's 471 CITY COUNCIL MINUTES APRIL 23, 1991 6. ADMINISTRATIVE REPORTS (Continued) RESOLUTION NO. 7793 A Resolution of the city Council of the City of Orange to adopt a mandatory water conservation program. MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7793 as introduced be adopted and same was passed and adopted by the preceding vote.6.2 Updated Report on the Fourth of JulY Proqram honorinq our Persian Gulf Veterans. ( C2500.D)The Special Events Coordinator reported the committee is requesting funds from the City in the amount of $75,000 as seed money for the event. Council questioned the ticket price for the evening fireworks display/extravaganza. The planned charge was to be $10, which Council felt was too expensive for families. The price could be reduced to $8 with the city's approval of the funding request.10,000 of the funded amount would be considered a loan specifically for the evening event, which would be reimbursed provided the event was successful. It was noted that with the city's participation in the event, the Special Events Coordinator can assist, direct and coordinate handling issues such as ticket price. until the Council approves the money, the city's participation is not clearly defined.Alice Clark, 205 N. pine st., asked the location of the various events. The location of the pancake breakfast is yet to be determined; food/beverage/ crafts fair will be in the downtown plaza area, and the evening event will be held at Fred Kelly Stadium. She suggested the committee make sure there are enough seats in the stadium for all tickets sold. The Special Events Coordinator indicated that there is a plan to bring in extra seating. There will be seating on one side of the stadium only, so people won't have a viewing disadvantage.MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve an appropriation in an amount not to exceed $75,000 in seed money for the inaugural annual Orange Independence Faire, and that permission be given to use city facilities and personnel, and that all associated fees be waived. 7. REPORTS FROM CITY MANAGER - None Page 6 472 CITY COUNCIL MINUTES APRIL 23, 1991 8.LEGAL AFFAIRS TAPE 1758 8.1 ORDINANCE NO. 11- 91 An Interim Urgency Ordinance of the City Council of the City of Orange prohibiting hazardous waste treatment facilities without a Conditional Use Permit. (A2500.0 Hazardous Materials)The Advance Planning Administrator reported this interim ordinance was prepared at the direction of Council. It adds the requirement of a Conditional Use Permit for any off-site hazardous waste treatment or storage facility. The Staff is in the process of preparing a permanent ordinance that will address and implement the Tanner legislation.Councilwoman Coontz reported she has received a fax in support of passing the ordinance from Cheryl and Greg Soliz, 476 N. citrus.The following people spoke in support of the ordinance:J. L. Sommerfield, 726 W. Nicolas Avenue.Steven Edwards, 647 N. Hariton.Stephen Drilling, 756 N. Hariton.Bill Dee, 726 W. Nicolas Ave.Cheryl Soliz, 476 N. citrus.Their concerns were as follows:Other cities, such as Brea, have stringent laws on hazardous waste treatment facilities, and so should Orange.Several schools are in the area and there should be concern about the safety of the children. Many employees of businesses in the area have been ill from the fumes caused by LeaRonal.Businesses should not be allowed to release toxic hydrogen cyanide and other chemicals into the air.Business owners are concerned about the health of their employees.Business owners are concerned about property values decreasing with the LeaRonal business in the area.The City should have the final word on whether these hazardous waste treatment facilities are allowed in the city, not the state.LeaRonal is a multi-national corporation and should know the law requires permits; they show total disregard for the law.An employee of LeaRonal was seen drinking a beer for lunch; there is no way of projecting what problems may be caused by human error.The Fire Marshal reported the results of a department investigation of the LeaRonal facility. The Dept. of Health Services indicated in late 1989, LeaRonal was found to be operating without the appropriate state permits. LeaRonal subsequently agreed to pay a substantial fine. The state indicates that at no time were there any improper methods or procedures being used; they are confident the process in use is properly controlled and safe. This facility processes smaller quantities in their plating operation daily than many other businesses of this type.Page 7 473 CITY COUNCIL MINUTES APRIL 23, 1991 8. LEGAL AFFAIRS (Continued) The Air Quality Management District inspected the LeaRonal operation and found them to be in compliance with air quality standards. At the request of the Dept. of Health Services, the Orange County Health Care Agency investigated LeaRonal and found no violations. There have been no Fire Code violations during the past two years. LeaRonal has been disclosing their hazardous materials inventory to the Fire Department as required by state law since 1967. They have prepared a business emergency plan, as required by state law, and they are in compliance with all regulations. Since 1986, there have been six responses by the Fire Dept. to LeaRonal, none of which were related to hazardous materials. Fire Investigators visited other businesses in the area, who reported no recent odor problems. One response in June, 1988, was to Mr. Drilling's facility for an odor check; a LeaRonal employee indicated that the odor was caused by a dextrose-based product being used in the manufacturing process, which use was discontinued in late 1988.The purpose of the Tanner legislation was to insure local management of hazardous waste. Council asked what the Fire Dept. and the city can do to monitor these hazardous waste facilities now and in the future. The Fire Marshal indicated air modeling could be conducted with the proper equipment, a technique for monitoring which can be contracted out, if necessary. The Fire Marshal will investigate other ways of monitoring. Council felt that periodic checks of these businesses should be done by the city. The Fire Marshal was directed to investigate the costs involved in conducting these checks.Council felt the City has a responsibility for the welfare of citizens in the community. Employees of industrial firms in Orange have indicated the City of Orange should be more careful about plans for industrial buildings that handle hazardous materials. There are problems with runoff; chemicals should not run off into the street to impact the neighbors, the community at-large, and the public right-of-way. Everything should be contained on- site.MOTION - Mayor Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to direct The Fire Marshal to investigate the cost of air modeling equipment and other concerns expressed by Council and report back as soon as possible.The City Attorney indicated the motion to waive the reading in full must be unanimous. The motion to adopt the interim ordinance requires a four-fifths majority vote to adopt. MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to waive the reading in full of Interim Ordinance No. 11- 91.Page 8 474 CITY COUNCIL MINUTES APRIL 23, 1991 8. LEGAL AFFAIRS (Continued1 MOTION - Steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Interim Ordinance No. 11-91 as introduced be adopted and same was passed and adopted by the preceding vote.MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to direct Staff to develop an ordinance amendment which would cover on-site disposal of hazardous wastes.8.2 RESOLUTION NO. 7792 A Resolution of the city Council of the City of Orange revoking a Conditional Use Permit to allow the use of a modular building as an office addition at an automotive service station for failure to satisfy conditions in a timely manner. (Tony's Unocal 76, 1650 W. La Veta). (C3300.0 No. 1795-89)MOTION - Coontz SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSTAINED - steiner That Resolution No. 7792 as introduced be adopted and same was passed and adopted by the preceding vote.8. 3 RESOLUTION NO. 7794 A Resolution of the City Council of the city of Orange agreeing to a Redistribution of Property Taxes for Annexation No. 391 (Fairhaven Islands - Area A). (A3100.0 No. 391) MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7794 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 7795 A Resolution of the City Council of the city of orange agreeing to a redistribution of property taxes for Annexation No. 392 (Fairhaven Islands - Area B). (A3100.0 No. 392)Page 9 475 CITY COUNCIL MINUTES APRIL 23, 1991 8. LEGAL AFFAIRS (Continued1 MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7795 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 7796 A Resolution of the city Council of the City of Orange agreeing to a redistribution of property taxes for Annexation No. 393 (Fairhaven Islands - Area C). ( A3100.0 No. 393)MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, coontz, Spurgeon That Resolution No. 7796 as introduced be adopted and same was passed and adopted by the preceding vote.8. 6 RESOLUTION NO. 7797 A Resolution of the city Council of the City of Orange agreeing to redistribution of property taxes for Annexation No. 394 (Fairhaven Islands - Area D). (A3100.0 No. 394) MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7797 as introduced be adopted and same was passed and adopted by the preceding vote.8.7 RESOLUTION NO. 7798 A Resolution of the City Council of the city of Orange denying Appeal No. 384 and upholding the recommendation of the Planning Commission and denying a Conditional Use Permit to grant a density bonus to allow construction of three additional apartments upon property situated approximately 400 ft. north of Washington Ave. at the end of Park Lane at 180 S. Park Lane. (A4000.0 No. 384) Conditional Use Permit 1889-91, Stewart Berkshire.MOTION - Coontz SECOND - Spurgeon AYES - Mayor Beyer, coontz, Spurgeon ABSTAINED - Steiner, Barrera That Resolution No. 7798 as introduced be adopted and same was passed and adopted by the preceding vote.Page 10 476 CITY COUNCIL MINUTES APRIL 23, 1991 8. LEGAL AFFAIRS (Continued1 8.8 RESOLUTION NO. 7799 A Resolution of the City Council of the City of Orange agreeing to a redistribution of property taxes for Annexation No. 397 (Crawford Canyon southeast of Chapman). (A3100.0 No. 397) MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7799 as introduced be adopted and same was passed and adopted by the preceding vote.ADDENDUM:MOTION - Mayor Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that the need for action on the following agenda items did not arise until after the agenda was posted.8.9 RESOLUTION NO. 7801 A Resolution of the City Council of the City of Orange commending Lieutenant General Thomas W. Kelly (Ret.) for his many years of outstanding service to the United States Army and to the American people. (R2000.0)MOTION - Mayor Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7801 as introduced be adopted and same was passed and adopted by the preceding vote.8.10 RESOLUTION NO. 7802 A Resolution of the City Council of the City of Orange commending Major General Royal Moore, Jr., Commanding General, Third Marine Aircraft Wing, for his brilliant career as a Marine aviator and for his outstanding role in the operation Desert Storm victory. ( R2000.0)MOTION - Mayor Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7802 as introduced be adopted and same was passed and adopted by the preceding vote.Bob Bennyhoff, 10642 Morada Drive, asked for copies of Resolution 7801 and 7802.Page 11 CITY COUNCIL MINUTES APRIL 23, 1991 477 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS - None THE CITY COUNCIL RECESSED AT 5:07 P.M. AND RECONVENED AT 7:00 P.M.MOTION SECOND AYES Mayor Beyer Spurgeon Steiner, Barrera,Mayor Beyer, Coontz, Spurgeon The City Council recessed at 5:07 p.m. to an Executive Session,pursuant to Government Code Section 54956.9(A) in order to meet with its Legal Counsel to discuss pending litigation entitled, Doris Kuehl vs. city of Oranae, Orange County Superior Court Case No. 56 52 88.7:00 P.M. SESSION 11. INVOCATION - Pastor Perry Hipple, Church of the Nazarene.11.1 PLEDGE OF ALLEGIANCE TO THE FLAG 11.2 ANNOUNCEMENTS Mayor Beyer welcomed Boy Scout Troop 342 in attendance in the audience. The Scoutmaster reported they are working on their Citizenship in the Community Merit Badges.11.3 PRESENTATIONS - None 11. 4 PROCLAMATIONS - None 12. PUBLIC HEARINGS 12.1 PREZONE CHANGE 1133-91. CITY OF ORANGE:TAPE 3905 Time set for a public hearing on petition by the City of Orange to consider Prezone Change 1133-91 to reclassify four (4) unincorporated single family parcels from existing county R-1 (7,200 sq. ft. minimum lot size, Single Family Residential) District to city R-1-7 Residential-Single Family District 7,000 sq. ft. minimum lot size).This prezone change request is for city annexation purposes Annexation 390). (Z1500.0 Prezone Change No. 1133-91) Page 12 T- 478 CITY COUNCIL MINUTES APRIL 23, 1991 12. PUBLIC HEARINGS (Continued) The subject properties are: Location 11202 N. Hewes 11212 N. Hewes 18761 E. Bond 18771 E. Bond Owners Mr. & Mrs. M. J. Chisum Jose Antonio Vasquez Mr. & Mrs. D. B. Edwards Mr. C. E. Gaerte. NOTE: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pre State CEQA. The Manager of Planning reported the annexation of these properties has been approved by the City Council and LAFCO. The prezone was recommended by the Planning commission on March 4 and is required before the property can be accepted into the city. It requires approval of the City Council. The proposed zoning corresponds to the similar zoning these properties have in the county. MAYOR BEYER OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to approve Prezone Change 1133-91 as outlined in Planning commission Resolution No. PC-7-91. 12.2 ORDINANCE AMENDMENT 2-91. CITY OF ORANGE:TAPE 4137 Time set for a public hearing on petition by the city of Orange to consider an amendment to the Zoning Ordinance to add provisions regarding increased fence height in front yard setback areas in the residential districts. (A2500.0 Fence Setback)NOTE: Negative Declaration 1372-91 has been prepared to assess the environmental impacts of this project.The Manager of Planning reported Staff has been working on the comprehensive Zoning Code update. A number of requests have been received by Staff for front yard fences higher than the 42" currently allowed. Before changing the zoning code, the matter was brought before the Planning commission and now the City Council for direction. Under the current Ordinance, property owners can apply for a Variance, which will allow higher fence height under unique circumstances. The Staff recommends that the additional fence height be no higher than 6 feet, and non-view 479 CITY COUNCIL MINUTES APRIL 23, 1991 12. PUBLIC HEARINGS (Continued) The Planning commission felt the current ordinance should be retained. Their concerns were that additional fence height may have impact on vehicular and pedestrian safety. Although additional fence height may be appropriate under special circumstances, a blanket allowance would be inappropriate. Additional fence height will inhibit social interaction among neighbors and prove destructive to the lifestyle currently enjoyed by Orange residents. The change would create islands of substantial alteration of the massing and volume of construction to the existing streetscape. Council asked if there was any public input at the Planning commission hearing. The Manager of Planning indicated there were about 3-4 people who spoke to the issue; one opposed, the others were people who had been cited by Code Enforcement for having their fences too high.MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke in favor of keeping the existing fence height:Dan Slater, 278 N. pine st.Bob Bennyhoff, 10642 Morada Drive.They expressed the following points:Any increased fence height detracts from the overall streetscape. Some homeowners feel the increased height looks good, but the neighbors don't always agree.Higher fences can sometimes give a jail-type effect.Variances should not be issued freely to people who violate the Ordinance.In the East Orange area, fences of any kind are discouraged to keep the open effect.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to support the Planning commission recommendation and determine that Negative Declaration 1372-91 is inadequate.MOTION - steiner SECOND - Coontz AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to deny Ordinance Amendment 2-91 as outlined in Planning commission Resolution No. PC-6-91.Page 14 r----I 480 CITY COUNCIL MINUTES APRIL 23, 1991 12. PUBLIC HEARINGS (Continued) 12.3 ORDINANCE AMENDMENT 3-91. TRIP REDUCTION AND TRAVEL DEMAND ELEMENT TO THE CONGESTION MANAGEMENT PLAN. CITY OF ORANGE:TAPE 4577 Time set for a public hearing on petition by the City of Orange to consider an amendment to the Orange Municipal Code intended to meet the requirements of AB 1791, section 65089 (b) (3) of the Government Code requiring development of a Trip Reduction and Travel Demand Element to the Congestion Management Plan and section 65039.3 ( b)which requires adoption and implementation of a Trip Reduction and Travel Demand Ordinance. (A2500.0 Trip Reduction)The Director of Public Works reported the department has been working on this plan since January, 1990. In order to qualify for state funds, there are a number of eligibility requirements that must be met by the end of this month.The city Traffic Engineer reported that the department worked closely with the Transportation Planning Committee, the Chamber of Commerce and The Irvine Company in putting together this ordinance. The Ordinance is focused toward decreasing vehicle trips, or increasing vehicle ridership, which will reduce total traffic demand. It is not intended to supersede, substitute or replace the requirements of AQMD Reg. 15, which is much more stringent.The ordinance is employee-oriented, and density related. The City would have two methodologies for determining the number of employees at a particular worksite. In Method A, the developer would tell the city how many employees per worksite, providing justification so the City can certify this is correct. Method B identifies employee densities for a large variety of different land uses, most commonly seen throughout the city. The ordinance applies to those worksites with 100 or more employees. The goal is to attain a 1. 5 average vehicle ridership.The Trip Reduction Plan must be presented by the owner or developer of a project to indicate how this 1.5 Average Vehicle Ridership will be achieved. There are five elements in this plan: the trip reduction goal, the facility options (improvements to be implemented to achieve goal), complementary actions (to make the plan work),parties responsible to achieve and maintain the program goal, and definition of how the program will be monitored and enforced.The city's proposed ordinance is by far the least stringent that Staff has reviewed. Other local cities' ordinances are monumentally more restrictive and demanding than what Staff is proposing. Upon approval, a copy of the plan would be placed on file in the office of the city Clerk. Participation Agreements would be completed between each Applicant and the City. The Participation Agreement would be filed in the County Recorder' s office. CITY COUNCIL MINUTES 481 APRIL 23, 1991 12. PUBLIC HEARINGS (Continued1 In June of each year, after the initial filing, the owner must send certification that the Traffic Demand Management actions are continuing in effect. As conditions and circumstances change, with the mutual consent of all parties, the conditions of the program could be changed. The final draft of the ordinance includes input from all departments. Any appeals would be made to the Planning commission, since all facility options and complementary actions become a condition of approval for a given development. The Planning commission is the first level of the approval process. Any developer not happy with the results of the Planning Commission appeal can take it to the City Council. The real enforcement body for the program is the Air Quality Management District (AQMD). They have some very stringent requirements. It is very likely that their current worksite requirements will go from 100 to 50 employees. The City of Orange ordinance is proposing to be no more restrictive than AQMD. AQMD may also increase the Average Vehicle Ridership requirement from 1.5 to 1.7. There are lots of problems to consider in different worksites, such as shopping centers. For this reason, Staff has tried to make the ordinance as flexible as possible. The Chamber of Commerce has some serious concerns over the definition of worksite and the term employers under common control". This term covers shopping centers and large office buildings and complexes. The enforcement penalties are $100 per day, which Staff felt was reasonable. By comparison, our City Manager faces a penalty of 25,000 per day from AQMD for breach of performance. Fees were subject to a great deal of discussion when putting the plan together. Staff finally agreed upon a fee of staff time, plus overhead. Some plans would require a great deal to time to review and others very little. This seemed to be the most equitable solution. The Chamber of Commerce did not agree with this, feeling there should be a flat fee. This system is similar to that currently being used for review of applications to the Planning Commission and city Council on zoning matters, although they require a deposit. Developers are used to this type of fee structure. Council expressed concern over the lack of specific amounts for the fees, and felt this was probably the concern of the Chamber of Commerce. The Director of Community Development reported they are very conservative on their fee structure and have never had any complaints in this regard. Council was concerned that the fees might be a burden to the small businessmen. Staff indicated that in most cases, they would be dealing with the developer of a project, rather than individual businessmen. Council was concerned because in many cases of dealing with governmental agencies, you pay for the direct service, plus administrative overhead, which can be significant. The fees are a one-time payment to the City, in the range of $ 300-800. Page 16 482 CITY COUNCIL MINUTES APRIL 23, 1991 12. PUBLIC HEARINGS (Continued1 The Chamber's concerns fall into three areas: l) what constitutes a worksite of greater than 100 employees; 2) triggering mechanism that would make this ordinance apply to existing businesses in the community; 3) fee mechanism to be used in this ordinance. They are also concerned about the appeal mechanism and the method used to communicate with businesses. They also request that the city be no more re~trictive than those ordinances in adjacent cities or the requirements by AQMD. These concerns were covered by Staff in the discussion. MAYOR BEYER OPENED THE PUBLIC HEARING. The following people spoke to the issue: Paul Pursell, 16561 Alliance, Tustin, representing the Orange Chamber of Commerce. The following points were made: city Staff has been very cooperative with the Chamber in trying to find areas of conciliation.The Chamber wants the language clear, so as to protect the small businessman.If a plan had to be resubmitted a number of times before approval,the costs could become substantial.The Chamber questioned when this 1.5 AVR was required to be implemented, since the Fullerton Chamber of Commerce indicated this was not required until 1999.The Chamber wants Orange to continue its reputation as a good place to do business.The Director of Public Works indicated the AVR requirements go into effect immediately, not 1999. They are required by Prop. Ill.The City Manager reported many other cities have had their plans reviewed by the AQMD and they were "kicked back", causing them to pay several thousand dollars to have the plan reviewed again. orange is putting its best foot forward, hoping to have theirs accepted.Council felt the definition of " worksite" should be clarified in the plan, along with some examples. It is one of the most important statements in the program.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.Legal Counsel indicated the ordinance was not in final ordinance form, so it was recommended that the ordinance be approved and set for first reading at the next Council meeting.Page 17 r 483 CITY COUNCIL MINUTES APRIL 23, 1991 12. PUBLIC HEARINGS (Continued) ORDINANCE NO. 10- 91:Transportation Demand Management Plan regulations for the purpose of more efficiently utilizing existing and planned transportation systems by reducing peak-period vehicle trips and increasing vehicle ridership averages.MOTION - Coontz SECOND - spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to approve Planning commission Resolution No. PC-13-91 and set for first reading Ordinance No. 10-91, with changes to be worked out by staff, with an expansion and clarification of the definition of worksite" and to indicate an approximate range in the fee structure.13. PLANNING AND ENVIRONMENT - None 14. REPORTS FROM COUNCILMEMBERS - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION - Mayor Beyer SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to adjourn at 8:27 p.m.The City council will adjourn to a Joint Work Study Session with the Planning commission at 4: 00 P.M. on May 1, 1991, regarding the North Orange County Landfill Study. 7J(,dJ"A'~;V"'/ 4 h//?!/MARILYN J. JEN~, ., CITYCLERKPage18