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06-28-1994 Council MinutesAPPROVED BY THE CITY COUNCIL ON CITY COUNCIL MINUTES OF A REGULAR MEETING JULY 26, 1994 ORANGE, CALIFORNIA JUNE 28, 1994 The City Council of the City of Orange, California convened on June 28, 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 - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer 1.3 APPROVAL OF MINUTES Regular Meeting June 14, 1994.MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT Mayor Beyer ACTION: Approved. 1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayorpro tem Barrera announced the City Council would adjourn today's meeting in memory of Dorothy "Dottie" Buckley. Dottie passed away June 22. She was a long time volunteer in the City Police Department. Members of her family were present, were introduced, and were presented with a Certificate of Recognition of the memorial adjournment.1.5 PROCLAMATIONS 2. CONSENT CALENDAR TAPE 110 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of June 28, 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 28, 1994 2. CONSENT CALENDAR (Continued) 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in paymentofdemands. ACTION: Approved. 2.3 Request Council approve agreement for legal services willi the law firm of Jeffers, Wilson Shaff to represent the City of Orange in various litigation cases and legal proceedings.AZI00.0.Agr.2247) 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 theCity.2.4 Authorize execution of Agreement between the City and Lewis Crouse, Attorney at Law,forlegal services. (AZI00.0.Agr. 1715.c)FISCAL IMPACT: Sufficient funds have been appropriated in the 1994/95 Budgettopayforthese legal services.ACTION: Approved and authorized City Attorney to execute on behalf of the City.2.5 Request Council approve proposed renewal contract with the County of Orange for Animal Control Services. (AZI00.0.Agr. 0135.K)FISCAL IMPACT: This contract results in a reduction in cost of$96,014.00 from the current year contract.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.6 Request Council award a contract in the amount of $178,726.28 to Ken Thompson, Inc.for Orange-Olive Road - Shaffer Street storm drain improvements. Bid No. 934-32; D-Ill. (AZI00. 0.Agr.2248)FISCAL IMPACT: $100,000 is budgeted in Orange-Olive Storm Drain funds and 78,726.28 is budgeted in Undesignated Storm Drain 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 $119,266.00 to Belczak & Sons, Inc.for construction of the Windes Drive storm drain from Santiago Canyon Road to Grovewood Lane. Bid No. 934-33; D- l 13. (AZlOO.0.Agr.2249)FISCAL IMPACT: $125,000 is budgeted in Windes Drive Storm Drain funds for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf CITY COUNCIL MINUTES JUNE 28, 1994 2. CONSENT CALENDAR (Continued) 2.8 Request Council approve a Corporation Quitclaim Deed to Community Thrift & Loan for vehicular access rights to the easterly 250 feet of NoW Ranch Road of Tentative Parcel Map No. 93-199. (D4000. 0)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.9 Approve and authorize the award of Bid No. 934-23, Softball Officials Services, to Major League Softball, Inc., Glendale, CA, in the amount of $72,000 and reject all other bids.AZ100.0.Agr. I725.A)FISCAL IMP ACT: There are sufficient funds in Other Contractual Services.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEPARATELY)2.10 Approve and authorize the award of Bid No. 934-27, Installation of Street Name Signs, to Traffic Operations, Inc., Pomona, CA, in the amount of$12,480 and reject all other bids.FISCAL IMPACT: There are sufficient funds in the Traffic Safety Fund Paul Zolezzi, President of JKZ Constructors, Inc., Crestline, spoke in concern for recommendation to award to Second Low Bidder. His company was the low bidder and it is news to them that there was past performance problems. He indicated the problems are unfounded and he would prove them untrue.City Manager David Dixon asked that this item be continued to July 12, 1994, and staff will meet with Mr. Zolezzi to discuss concerns and reasons for suggested award to second low bidder. MOTION - Murphy SECOND - Coontz AYES - Barrera, Spurgeon, Murphy, Coontz ABSENT - Mayor Beyer ACTION - Continued to July 12, 1994.2.11 Request Council approve the Agreement for Provision of Gang Prevention and Suppression Services between the County of Orange and the City of Orange.AZI00.0. Agr.1853.B)FISCAL IMP ACT: None.ACTION: Authorized Mayor and City Clerk to execute the agreement on behalf of the City.Page 3 CITY COUNCIL MINUTES JUNE 28, 1994 2. CONSENT CALENDAR (Continued) 2.12 Request from Finance Department for Council approval to authorize the issuing, by competitive bid, of Tax and Revenue Anticipation Notes (TRAN) in an amount less than 10,000,000.00 for a term not exceeding 13 months. (See Resolution 8351.) 11.) C2500.J.l ) FISCAL IMPACT: Anticipated earnings of$100,000.00. ACTION: Approved. 2.13 Request Council approve renewal of contract with Hazelrigg Risk Management Services, Inc. to provide third party administrator services for administration of workers' compensation claims. (AZI00.0.Agr.1971.A) FISCAL IMPACT: Funds in the amount of $103,000.00 have been budgeted in Account No. 730- 1412-462302.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.REMOVED AND HEARD SEP ARATEL Y 2.14 Request for a warning flasher on Canyon View Ave. easterly of Knights BridgeIBrynhurst St. (S4000.S. 3.3)FISCAL IMPACT: None Council expressed dissatisfaction with the recommendation for denial of a warning flasher at subject location. They have had long-standing concerns over the problems of this intersection and suggested it would be in the best interest of the community to approve this warning flasher. Council was unanimous in their comments in favor of approval. MOTION - Coontz SECOND - Spurgeon AYES - Barrera, Spurgeon, Murphy, Coontz ABSENT - Mayor Beyer ACTION: Approved installation of warning flasher at Canyon View east of KnightbridgeIBrynhurst Blvd..2. 15 Request for the installation of a '3-Way STOP' control device at the intersection of Meredith St. and Regency Ave. (S4000.S.3.3) FISCAL IMP ACT: None. ACTION: Denied the request and directed staff to contact the Homeowner's Association regarding continued slope maintenance. Page 4 CITY COUNCIL MINUTES JUNE 28, 1994 2. CONSENT CALENDAR (Continued) 2.16 Request to award Bid No. 934-31 for the installation of audible pedestrian signals at various locations in the City of Orange to PeekTraffic/Signal Maintenance, Inc., Anaheim,CA. (AZI00.0.Agr. 2250)FISCAL IMPACT: Work contemplated in this project has been budgeted from TSIP Area B & C funds.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.MOTION - Coontz SECOND - Spurgeon AYES - Barrera, Spurgeon, Murphy, Coontz ABSENT - Mayor Beyer ACTION Items 2. 10 and 2.14 were removed and heard separately; all remaining items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS - Mayor pro tem Barrera indicated he would place the appointment of Mrs. Mary Henderson to the Senior Citizens Advisory Committee on the agenda of July 12, 1994.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS 8.1 RESOLUTION NO. 8338 A Resolution of the City Council of the City of Orange, California, adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 8, 1994. (EllOO.O)MOTION SECOND AYES ABSENT Murphy Coontz Barrera, Spurgeon, Murphy, Coontz Mayor Beyer Page 5 CITY COUNCIL MINUTES JUNE 28, 1994 8. LEGAL AFFAIRS (Continued) That Resolution No. 8338 as introduced be adopted and same was passed and adopted by the preceding vote. 8.2 RESOLUTION NO. 8339 A Resolution of the City Council of the City of Orange, California, calIing and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 1994, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities. (EI100.0) MOTION SECOND AYES ABSENT Spurgeon Murphy Barrera, Spurgeon, Murphy, Coontz Mayor Beyer That Resolution NO. 8339 as introduced be adopted and same was passed and adopted by the preceding vote.8. 3 RESOLUTION NO. 8340 A Resolution of the City Council of the City of Orange, California, providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any Municipal Election.Ell 00.0) MOTION SECOND AYES ABSENT Spurgeon Murphy Barrera, Spurgeon, Murphy, Coontz Mayor Beyer That Resolution No. 8340 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 8341 A Resolution ofthe City Council of the City of Orange, California, requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 8, 1994, with the statewide General Election to be held on the date pursuant to Section 23302 of the Elections Code. (ElI00.0) MOTION SECOND AYES ABSENT Murphy Coontz Barrera, Spurgeon, Murphy, Coontz Mayor Beyer Page 6 CITY COUNCIL MINUTES JUNE 28, 1994 8. LEGAL AFFAIRS (Continued) That Resolution No. 8341 as introduced be adopted and same was passed and adopted by the preceding vote. 8.5 RESOLUTION NO. 8347 A Resolution of the City Council of the City of Orange authorizing the execution of a Public Works Cooperation Agreement with the Orange Redevelopment Agency relating to public improvements (Fire hydrants and related water line improvements at Orange Mobile Home Park -maximum $ 100,000.00 Tustin Street Project Area). (RA2100.0.Agr.2251)MOTION SECOND AYES ABSENT Murphy Spurgeon Barrera, Spurgeon, Murphy, Coontz Mayor Beyer That Resolution No. 8347 as introduced be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 8350 A Resolution of the City Council of the City of Orange amending Resolution No. 7614 relating to the wages, hours and other conditions of employment for employees of the Professional,Technical and Clerical unit, effective June 26, 1994 through June 24, 1995. (C2500.1.4.5)MOTION SECONDAYES ABSENT Coontz Spurgeon Barrera, Spurgeon, Murphy, Coontz Mayor Beyer That Resolution No. 8350 as introduced be adopted and same was passed and adopted by the preceding vote.8.7 RESOLUTION NO. 8351 A Resolution of the City Council of the City of Orange providing for the borrowing of funds for fiscal year 1994/95 and the issuance and sale of 1994 tax and revenue anticipation notes therefor.C2500.J.l )MOTION SECOND AYES ABSENT Murphy Spurgeon Barrera, Spurgeon, Murphy, Coontz Mayor Beyer Page 7 CITY COUNCIL MINUTES JUNE 28,1994 8. LEGAL AFFAIRS (Continued) That Resolution No. 8351 as introduced be adopted and same was passed and adopted by the preceding vote. 8.8 ORDINANCE NO. 11- 94 An Ordinance of the City Council of the City of Orange amending Chapter 12.12 of the Orange Municipal Code regarding the duty of property owners and the City to maintain trees, sidewalks,bikeways, trails and parkways in a non-dangerous condition. ( A2500. 0) MOTION SECOND AYES ABSENT Barrera Coontz Barrera, Spurgeon, Murphy, Coontz Mayor Beyer That Ordinance No. 11-94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 North Shaffer, feels that when city staff people are serving on a committee,minutes should be taken and given to the City Manager so he knows what is going on.. The Old Towne Steering Committee is the same, minutes should be taken. The new City Manager came into the City and is doing a good job and has to take care of lots of things that have gotten messed up.. Councilwoman Coontz expressed concern the council is not aware of some of the activities are going on during budget crisis which began in 1971 and just continued we have a policy the of keeping our city employees pretty close to home and make sure that they were not out with this group and that group at their request and the City Manager was overseeing those assignments or that participation which makes sense and the other thing is that I don't believe that I have every seen, at least recently any copies of the Old Town Steering Committee minutes and especially with the revised Brown Act we need to pull in some of this information and be careful that we have items agendized, and notification given, etc. In fact, a number of us a couple of years ago wanted to eliminate as many committees as possible and to operate in a more efficient way so I think your comments are well taken and I believe Mr. Dixon should take a look at them. I am not singling out the Downtown Task Force, but any committee that has staff participation. We must be sure that they are all following the Brown Act and one committee in particular will be given a presentation on the Brown Act.Councilman Spurgeon addressed two issues, too many committees, and staff representation on committees in general and staff working on non-committee organizations on work hours. The City Manager is aware of these problems and will get to them when he has the time. He has a full plate to handle and is working very hard. Page 8 CITY COUNCIL MINUTES JUNE 28,1994 10. ORAL PRESENTATIONS (Continued) Bob Bennyhoff, 10642 Morada Drive, asked has any thought been given to changing our investment policy to allow the type of investment that the County uses. The City Manager informed that we are reviewing our policy under the Acting Finance Director and the Investment Committee. We will have strict controls not only on the kinds of things we invest in but on the Investment Committee and investment procedures. Robert Oman, Interim Finance Director was introduced. Formerly Finance Director of the City of Costa Mesa, Mr. Omen retired several years ago. 11. RECESS MOTION - Murphy SECOND - Barrera AYES - Barrera, Spurgeon, Murphy, Coontz ABSENT - Mayor Beyer The City Council recessed at 3:35 p.m. to a Study Session in the Weimer Room on (a) Cable Rate and (b) La Veta Widening Committee Final Report to be foIlowed by 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 TJH(Kx).City of Orangevs. Insurance Company of North America, Orange County Superior Court Case No. 71 8493. City of Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 97 18.City of Orange vs. Lumbermen's Mutual Casualty Company, et aI., Orange County Superior Court Case No. 71 8262.b. Conference with Legal Counsel- anticipated litigation. Initiation of litigation 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: Fire Management. Page 9 CITY COUNCIL MINUTES JUNE 28, 1994 11. RECESS (Continued) d. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. 7:00 P.M. SESSION 12. INVOCATION Given by Furman Roberts, Retired City Attorney. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13. LEGAL AFFAffiS 13. 1 RESOLUTlONNO.8329 A Resolution of the City Council of the City of Orange continuing the requirement for a Conditional Use Permit for one year for development of more than two units on lots subject to Zone Change 1159-93. ( Continued from April 19, 1994.) (A2500.0-AMD 5-93)The City Attorney was asked to describe the background of this Resolution. The revised resolution conforms in substance to the neighbor's agreement. This resolution resolves those legal issues in connection with the zoning and it is consistent with the intent of the maker of the motion The reason I bring up the legal issues, as the council knows, the city has been in a litigation posture with respect to this particular zoning matter for some time so the resolution before you was in your packet and I would like to add another recital, public comment is in order on the resolution and the recital. As part of the recital, place at the end of recitals which would be on the second page after the paragraph" beginning at its March 8th 1994 meeting, as part of the cup process, staff will be prepared to address and provide information regarding infrastructure,capacity, and compatibility with the single family residential character of the neighborhood.Those speaking on the issue:Rob Johnson, 546 E. Culver Avenue, wants written explanation of the drafting of Resolution 8329 and minutes of any meeting between staff and other citizens.Page 10 CITY COUNCIL MINUTES JUNE 28, 1994 13. LEGAL AFFAIRS (Continued) Eileen Hertfelder, 720 E. Culver Ave. wants Resolution retroactive until the March 8, date. Recital that was added is unnecessary. Patty Ricci, 618 E. Culver, wants to see neighborhood kept single family. Ralph Zehner, 630 E. Culver, Recital is not necessary, and wants the Resolution t retroactive to March 8, 1994, Feels that is fair and just. COUNCIL COMMENTS Councilwoman Coontz: "I heard my name mentioned on both sides in regards various motions the first one I made January 23, to continue to question to March 8th, in the meantime to direct the Planning Department to return to Council with three alternatives, reject the Culver Street property remembering all the neighbors on Culver Street agree to the residential character and the street scape should be preserved. The next motion was a very extended motion was based on the EIR and the specifically the negative declaration and the reason I focused on that was I voted against the zoning in the first place because seeing the only way we were going to get any resolution was to accommodate the wishes of Mayor pro tem Barrera who was concerned about the continuation of the residential character of the neighborhood and the infrastructure and that's why I offered the motion the way I did. The Resolution tonight is a lot clearer and speaks to the solution in an easier way. I asked that the Recital be added. As part of the CUP process, staff will be prepared to provide information infrastructure capacity and compatibility with the single family structure of the neighborhood. This should answer the concerns of both sides. Councilman Murphy originally voted against the initial continuance and had some concerns with the original wording of the motion. I feel we need to put a time bound on this activity and it is incumbent on Council to get some comprehensive design standards back in force and clarification for the entire city not only just the residents of Culver Street This resolution really calls out the intent of the motion I tried to make previously with the standpoint of putting a years time boundary on it and very clear there is nothing else to that effective during that year this particular property will have a conditional use permit on it at the end of that time should no other actions be taken it reverts to the existing standards of that time. Hopefully we will have the new comprehensive design standards done and put to bed and in reality both sides of this issue their concerns will be addressed because I heard from both sides of this issue from people that have contacted me are willing to abide by it so while I voted against the initial motion because it needed clarification and the wording on the resolution on it now clarifies it and the Council must get the designs and in the meantime the people on Culver know the guidelines and the rules. Mayor pro tem Barrera - What is the time frame for guidelines?The Director of Community Development informed City Council they will have a study session on July 25 on the design guidelines Page 11 CITY COUNCIL MINUTES JUNE 28, 1994 13.LEGAL AFFAffiS (Continued) MOTION- Coontz SECOND- Murphy AYES - Barrera, Murphy, Coontz ABSENT - Spurgeon, Mayor Beyer That Resolution No. 8329 as introduced be adopted with the addition of the briefly stated recitals by the City Attorney.As part of the CUP process, staffwill be prepared to address and provide information regarding infrastructure capacity and compatibility of the single family residential character of the neighborhood City Clerk include the discussion in the minutes.Minute Order: Councilman Murphy restating his change in vote from the March 8 meeting this resolution does clarifY the intent and findings of the area for the residents of Culver Street and I do look forward to the new design standards coming forth to clarifY standards for the entire city.16. ORAL PRESENTATIONS Larry Bonham, 332 S. Olive, spoke in concern of the city's anti-camping ordinance and to protest his friends ice cream truck being towed away from N. Lemon Street.17. ADJOURNMENT MOTION - Barrera SECOND - Coontz AYES - Barrera, Murphy, Coontz ABSENT - Spurgeon, Mayor Beyer The City Council adjourned at 7:40 p.m. in memcl)' of Dorothy "Dottie" Buckley, VolunteerExtraordinaire.dN~) 3c a~J/~ MARILYN, . JENS ,C!~'C CITY CLERK ' /Gene Beyer GENE BEYER MAYOR B~~FRED L. BARRERA MAYOR PRO TEM Page ]2