06-21-1994 Council MinutesAPPROVED BY THE
CITY COUNCIL MINUTES
OF A REGULAR MEETING
CITY COUNCIL ON JULY 12, 1994
ORANGE, CALIFORNIA
JUNE 21, 1994
The City Council of the City of Orange, California convened on June 21, 1994 at 3:00 P.M. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Mayor Beyer, Coontz, Murphy ABSENT -
Spurgeon, Barrera NOTE: Mayor
pro tern Barrera arrived at 3 :05 p.m. and Councilman Spurgeon arrived at 3:03
p.m.1.3
APPROVAL OF MINUTES Adjourned Regular
Meeting June 7, 1994.MOTION - Murphy
SECOND - Coontz AYES -
Mayor Beyer, Coontz,
Murphy ABSENT - Spurgeon, Barrera ACTION:
Approved.1.4 PRESENTATIONS/
ANNOUNCEMENTS/ INTRODUCTIONS
FireChief Edward D. Rowlett
was presented with Resolution No. 8342, commending him for more than 29 years
ofloyal and dedicated service.The Recreation Superintendent presented awards
to recipients of the Dash for Dare track meet recently held at Fred
Kelly Stadium. (C2500.N)1.5 PROCLAMATIONS - None 2.
CONSENT CALENDAR TAPE 374 2.
1 Declaration of City Clerk
Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of June 21, 1994,
at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower
Park Bulletin Board; all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION:
Accepted Declaration of Agenda Posting
and authorized its retention as a public record in the Office of
the City Clerk.PAGE 1
CITY COUNCIL MINUTES JUNE 21, 1994
2. CONSENT CALENDAR (Continued)
2.2 Request Council award a contract in the amount of $183,175.00 to Merit Civil
Engineering, Inc., to prepare alignment studies, right-of-way
documents, contract specifications and cost estimates for the improvements on Chapman Avenue
from Route 57 Freeway to Main Street. (AZI00.0.
Agr.2235)FISCAL IMPACT: $183,175.00 is budgeted in the La Veta/Main/Chapman Fund
for
this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf
ofCity.2.3 Request Council award a contract in the amount of $230,605.00 to Joseph
C. Truxawand Associates, Inc., to prepare alignment studies, right-
of-way documents, construction plans, contract specifications and cost estimates for the
improvements on Main Street from La Veta Avenue to Maple Avenue, and alignment feasibility
only on Main Street from Maple Avenue to Primrose Drive. (
AZIOO.0.Agr.2236)FISCAL IMPACT: $230,605.00 is budgetedin the La Veta/Main/
Chapman
Fund for this project.ACTION: Authorized the Mayor and City Clerk to execute
on behalf of City.2.4 Request Council to award a contract in the amount of $243,085.
00 to P & D Technologies to prepare alignment
studies, right-of-way documents, contract specifications, and cost estimates for the improvements
on La Veta Avenue from Flower Street to
Glassell Street. (AZIOO.0.Agr.2237)FISCAL IMP ACT: $243,085.00is budgeted in the La
Veta/
Main/Chapman Fund for this project.ACTION: Authorized the Mayor and City Clerk
to execute on behalf of City.2.5 Request Council award a contract in the amount of $84,
403.00 (base bid) and an additional 70 feet of sewer repair at contract unit prices of $5,
300.00 for a total of 89,703.00 to John T. Malloy, Inc. for the Lemon Street
Sewer - Chapman to Palm and Kelly to Palmyra. Bid No. 934-
24; S-185. (AZIOO.0.Agr.2238)FISCAL IMPACT: $89,703.00
is budgeted in Community
Development Block Grant funds for this project.ACTION: Authorized the Mayor and City
Clerk to execute on behalf of City.2.6 Request Council award a contract in the amount of $
123,147.89 to RJ. Noble Company for Primrose Drive, Emerald Drive, and
Halyard Lane street reconstruction. Bid No. 934-25;
S.P.
CITY COUNCIL MINUTES JUNE 21, 1994
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: $123,147.89 is budgeted in Community Development Block Grant
funds for this project.
ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.
2.7 Request Council award a contract in the amount of $105,659.60 to R.J. Noble Company
for Olive Street, Clark Street and Berkeley Street reconstruction. Bid No. 934-26; S.
P.3091. (AZI00.0.Agr.
2240)FISCAL IMPACT: $105,659.60 is budgeted in Community Development Block
Grant funds for this
project.ACTION: Authorized the Mayor and City Clerk to execute on behalf of
City.2.8 Request approval of Amendment No.1 to the street tree trimming contract with
West Coast Arborists, Inc. (AZI00.0.Agr.2082.
1)FISCAL IMP ACT: Sufficient funds have been budgeted in fiscal year 1994-95
for
this item.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.2.9 Request Council authorize receipt of a $20,000.00 grant from the California
State Library Federal Library Service and Construction Act Funds) and allocate to
Fund 200-2001-443101-9924 to purchase reference andinformation
resource materials. (C2500.I)FISCAL IMPACT: This grant award of $20,000.00 will supplement
the library's budget.No matching funds from
the City
arerequired.ACTION: Approved.2.10 Request Council approve agreement for legal services with the
law firm of Ferguson,Praet & Sherman to represent the City of Orange on an as-
needed basis for personal injury
cases. (AZI00.0.Agr.2241)FISCAL IMP ACT: Funds for payment of outside legal
services are
budgeted in Account No. 100-0301-426100.ACTION: Authorized Mayor and City Clerk
to execute on behalf of the City.2.
11 CLAIM
FOR DAMAGES FROM: (
C3200.0)Peter Kay.FISCAL IMPACT: None.ACTION: Denied claim
and referred
CITY COUNCIL MINUTES JUNE 21, 1994
2. CONSENT CALENDAR (Continued)
2.12 Request Council authorize request for formal bids for the construction of Shaffer and Hart
Park rest rooms. (C2500.M.4)
FISCAL IMPACT: Sufficient funds are available in Accounts 320-7021-
781200-003 5 Hart Park Rest Room) $148,076.92; 320-
7021-781200-0123 (
Shaffer Rest
Room)142,473.08.
ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.13 Request Council approve lease agreement between
City and Major League Softball, Inc.for lease of office space above the pool at
Hart Park. (AZI00.0.Agr.2242)The Recreation Superintendent reported the lease
price was determined to be seventy cents per square foot which was based on a survey
of office space in Orange County.Councilwoman Coontz asked if this was consistent with all
the City's pursuits to lease facilities. The Recreation Superintendent indicated
it was, but would make sure.FISCAL IMP ACT: Revenue in the amount of $3,780
annually will be generated, to
be placed in
the general fund.
MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy ACTION: Authorized Mayor and City Clerk to execute on behalf
of the City.2.14 Request Council approve the State of California Used Oil Opportunity
Grant Program and associated transactions. (C2500.
M.l.1)
FISCAL IMPACT:
None.ACTION: Approved.2.15 Request Council authorize the transfer of North Net Fire
Communications funds totaling 100,000.00 to cover shortage of funds that will result from the payoff and/
or transfer of accrued leave time for dispatch personnel to the City of Anaheim from the
City of
Orange.C2500.H)FISCAL IMP ACT: There are sufficient funds in identified accounts
to adequately fund this request. (Specific accounts are identified
in Staff
Report.)ACTION:
CITY COUNCIL MINUTES JUNE 21, 1994
2. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Item 2.13
was removed and heard separately; all items on the Consent Calendar were approved/denied as
recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER 3.1 Appointment
of Ted Williams to the Official City Old Towne Steering Committee,term to expire
June 21, 1996. (Continued from June 14, 1994.) (ORI800.0.16)Carole Walters, 534
N. Shaffer, commented Dr. Williams could not be present because his sister was in the
hospital.MOTION SECOND AYES
Barrera
Murphy
Spurgeon,
Barrera, Mayor
Beyer,
Coontz, Murphy Approved.4. REPORTS FROM COUNCILMEMBERS -
None
5. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS - None 6.ADMINISTRATIVE REPORTS TAPE 460 6.1
Request from Orange County Farm
Bureau for the operation of a certified farmers market in the 100 block of North
Orange Street for a 60-day trial period subject to specified conditions. (C2500.G)The City
Manager commented concern has
been raised over the past few days regarding the use and impact the operation ofthe farmer'
s market will have on the community in that area. It was suggested this item be continued to
July 12, 1994 in order to hold meetings with the property owners to resolve any problems.Brent
Hunter, Executive Director of the
Chamber of Commerce, was in favor of the concept, but expressed concern with the location. There
will be parking problems. It was suggested alternative sites be discussed such as
using the areas in the Plaza in front of the Chamber office. It was further suggested the item be
brought back to Council next week and not delay it any further.The farmer's market is a
seasonal operation and should get started as soon as possible.Page 5
CITY COUNCIL MINUTES JUNE 21, 1994
6. ADMINISTRATIVE REPORTS (Continued)
Councilwoman Coontz suggested the Sante Fe Depot as a possible site. There is adjoining
parking and it is close walking distance to the downtown business area and away from churches
holding service on Sunday morning.
Council discussion ensued relative to the lack of communication regarding this issue. Additional
information is needed relating to how many stalls, will it increase if successful and how to
measure the activity. Also other cities should be contacted that have this operation. Staff should
investigate this situation if other farmer's markets are held on Sunday.
The following people spoke in opposition due to impacts on parking and noise.
Carole Walters, 534 N. Shaffer, commented there was a communication breakdown. Two City
staff members sit on the Downtown Task Force meetings and knew about the farmer's market but
did not communicate with anyone. The farmer's market concept is a good idea for the City.
Dr. J. Stewart Kreiss, Pastor, First United Methodist Church, not opposed to the concept but
opposed to having it on Sunday mornings.
Mary Jo Harper, Assistant Minister, First United Methodist Church
Bill Teachout, 2243 Foothill Blvd., Santa Ana, President of the Board of Trustees of the First
Presbyterian Church of Orange
Nancy Maglioto, representing Son Light Christian Center, 172 N. Glassell
Speaking in favor:
Scott Parker, 158 Monterey Rd., commented this is a small operation. It is not a street fair and
there will be no music. The City of Tustin and Costa Mesa have a farmer's market that does not
cause a lot of commotion. They always clean up after themselves so there are no problems with
litter.
Mary Lou Larenzini, 2058 Valley Rd., Costa Mesa, explained the farmer's market is a group of
farmers that grow their own produce and is operated by the Agriculture and Health Departments.
It is certified. The average size is 25 farmers. It was suggested that the churches visit the City of
San Clemente where there is a farmer's market in operation on Sundays between the hours of
10:00 a.m. through 2:00 p.m. held directly in front of a church located on Del Mar Avenue. This
operation is very popular.
Ms. Larenzini commented that Saturday is the most popular day, and Sunday is the second most
popular day. The farmers have their schedules and the only day left for the City of Orange is
Sunday.
Carole Walters, 534 N. Shaffer, commented the farmer's market operation in San Clemente is
located in front of one church. The location for the City of Orange's farmer's market has many
churches surrounding the location.
Page 6
CITY COUNCIL MINUTES JUNE 21, 1994
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Murphy
Coontz Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
continue this item to July 12, 1994. The City Manager was instructed to contact the various organizations
that have commented positively or negatively to discuss the issue with City staff involved.
7. REPORTS
FROM CITY MANAGER The City
Manager commented, on the previous farmer's market item, there are times when it is assumed that
someone has looked into this and discussions have been held. In terms of the process, we
will do a better job of checking off so that assumptions which we think have been made are
in fact valid. We will try to do a much better job of getting everyone involved. Staff will get
the pros and cons of the situation in the Cities of Costa Mesa and Tustin.8.LEGAL
AFFAIRS 1503 8.1
ORDINANCE NO. 13-94 An
Ordinance of the City Council of the City of Orange amending portions of Chapter 12.52 of the
Orange Municipal Code relating to street dedications. (A2500.0)MOTION
SECOND
AYES
Barrera
Murphy Spurgeon,
Barrera,
Mayor Beyer, Coontz, Murphy That Ordinance No.
13-94 have first reading waived and same was set for second reading by the preceding vote.
9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL
PRESENTATIONS Carole Walters,
534 N. Shaffer, requested for the next year's budget, instead oflayoffs, could the City look
into giving an employee a two-year incentive retirement. This would save the City money.
Mayor
Beyer remarked the City Manager was looking at all options.Page
7
CITY COUNCIL MINUTES JUNE 21,1994
11. RECESS
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy The City Council
recessed at 4:00 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a), to
wit:City of Orange vs.
Refco Securities, Inc., NASD Arbitration No. 92-03685.National Advertising vs.
City of Orange, United States District Court Case No. CV 85-4968 Tlli(Kx).
The City Attorney
announced the following item is to be deleted from the Closed Session:City of Orange
vs. United Pacific Insurance, Orange County Superior Court Case No.724236.City of
Orange
vs. Orange County Sheriff, Orange County Superior Court Case No. 72 97 18.The City
Attorney
announced Item band c were deleted from Closed Session.b. Conference with
Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.
9(c) (one potential case).Significant exposure to litigation
pursuant to Government Code Section 54956.9(b ) (one potential case).c. Conference with
Labor
Negotiator pursuant to Government Code Section 54957.6.City Negotiator: Orv Placial,
Personnel Director.Employee Organizations: Water; Fire
Management; Supervisory and Mid-Management.d. Conference with
Real Property Negotiator. (Government Code Section 54956.8)Property: 472 - 490
S. Main St.Negotiating Party: James Daum
Under Negotiation: Price and
terms of payment.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 8
CITY COUNCIL MINUTES JUNE 21, 1994
7:00 P.M. SESSION
12. INVOCATION
Rt. Reverend Monsignor John F. Sammons
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS
Mayor pro tern Barrera announced Miss Orange, Angela Gallagher finished in the top ten
finalists at the recent Miss California competition held in Fresno.
12.3 INTRODUCTIONS - None 12.
4 PROCLAMATIONS - None 12.5
PRESENTATIONS - None 13.PUBLIC HEARINGS
TAPE 1749 13.1 GENERAL
PLAN AMENDMENT 1-94, ZONE CHANGE 1169-94, EUGENE I.SALTZER,
M.D.:Time
set for a public hearing on petition by Eugene 1 Saltzer, M.D. to consider a proposed General
Plan Amendment 1-94 from LDR (Low Density Residential) to G-C (
General Commercial), and Zone Change 1169-94 to allow commercial use and development,
changing the zone classification from R-I-6 (Single Family Residential) District, with a 6,
000 sq. ft. minimum lot size) to C-l (Limited Business) District. Subject property is located at
236 and 250 S. Tustin Street, 2 parcels on the northwest corner
at Washington Avenue. (C2300.E)NOTE: Negative Declaration 1453-94 has been
prepared to evaluate
the environmental impacts of this project.
MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported the two
subject parcels are occupied by two single family residences. Surrounding the two properties to
the north and south are office professionally zoned properties that include residential
structures which have been rezoned and converted to office uses over the past several years. To the
west is a single family residential subdivision, zoned R-I-6. Across Tustin Street to
the
east, is a commerciaVretail center zoned C-1.The Planning Commission reviewed
the adjacent R-l and O-P zone designations. They considered the wider range of uses allowed in
the C-l zone as opposed to the O-P zone. Also considered
was the
CITY COUNCIL MINUTES JUNE 21, 1994
13. PUBLIC HEARINGS (Continued)
homes. The Planning Commission recommended, in the best interests of the residential neighbors,
the O-P zone was in their best interests and consistent with the development plans expressed
by the
applicant.Jim Williams, 2726 E. Washington St., Orange, representing the applicant, commented Dr.
and Mrs. Saltzer would like to own their own building. The reason for the commercial zoning
request is that something could happen to Dr. Saltzer and he would have to leave. This would allow
Dr.Saltzer the option to lease the building for commercial use. It will be a professional building,
but rented out for commercial. 90% ofthe property in the area is commercial on Tustin
Street.The following people spoke in opposition to noise pollution from the C-l
establishments on Tustin Street, increased traffic the project will generate, and
parking problems:Chris Christenson, 163 S.
Shattuck PI.Rhoda Neal, 187 S.
Shattuck PI.Tammy and David Miller, 235 S.
Shattuck PI.Marty Rubin, 243 S.
Shattuck PI.William Drew, 1628
E. Washington Robert Craig, 196 S.
Shattuck PI.Gail Call, 1524
E. Washington Janet Cadwell, 1628
E. Washington Several speakers indicated they were not notified of the public hearing because they did
not live within the 300 ft. radius specified in the
notification requirements.Kevin McCann, 4607 E. Washington, expressed concern that not enough residents
in the adjoining neighborhood were notified of the public hearing. Mr. McCann asked if the
300 ft.radius could be changed to encompass
more residents.Council discussed the next phase is review of the building and site plans by the
Design Review Board. All interested parties should give their name and address to the City Clerk
for notification
of hearings.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED
THE
PUBLIC
HEARING.
MOTION
SECOND AYES
Coontz
Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
Moved to approve Negative Declaration 1453-94, finding no substantial evidence the project
will have a significant impact on the environment or wildlife
resources.Page
CITY COUNCIL MINUTES JUNE 21, 1994
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Coontz Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
approve General Plan Amendment 1-94 as outlined in Planning Commission Resolution No.
PC-19-
94.
MOTION
SECOND
AYES Coontz
Murphy
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved
to approve Zone Change 1169-94 as outlined in Planning Commission Resolution No.
PC-18-94 with a recommendation that minutes of this meeting and previous meetings
of the Planning Commission be included for the decision of the Design Review Board. Notices
of the hearing be sent to those interested people in the audience tonight regarding the
Design Review
Board meeting.14. PLANNING AND ENVIRONMENT -
None 15. ORAL
PRESENTATIONS Bob Bennyhoff, 10642 Morada Dr., asked if something could be done with the 300 ft.
notification law. Mr. Bennyhofffelt most of the people that get upset are the ones that are within the
one block area that is cut off When you have a cul-de-sac next to an area that is sensitive,
such as C-I, would it be possible to go to the end
of the block.The City Attorney remarked the State law requires notification within 300 feet.
This Council has consistently gone beyond that on many occasions when they are aware of
problems and concerns.The question is, "How far
should you go?"Councilman Murphy commented the most apparent challenges are in ownership
and when the legal owner is notified and
not the tenant.Robert Craig, 196 S. Shattuck PI., suggested only notifying
the registered voters.Carole Walters, 534 N. Shaffer, commented the City could do a better
job notifying
CITY COUNCIL MINUTES JUNE 21,1994
16. ADJOURNMENT
MOTION
SECOND
AYES
Barrera Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy The City
Council adjourned at 8:05 p.m.Jth-r/~ ~~
MARILYN
NSijft, C CITY
CLERK Gene
Beyer GENE
BEYER MAYOR
BY:
FRE
L.
BARRERA MAYOR PRO
TEM Page 12