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08-09-1994 Council MinutesAPPROVED BY CITY COUNCIL MINUTES OF A REGULAR MEETING THE CITY COUNCIL ON AUGUST 23 1994 ORANGE, CALIFORNIA AUGUST 9, 1994 The City Council of the City of Orange, California convened on August 9,1994 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 Adjourned Regular Meeting July 25, 1994.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved. 1.4 PRESENTATIONS/ANNOUNCEMENTS/ INTRODUCTIONS Mayor pro tern Barrera announced Mayor Beyer would be unable to attend today's Council meeting due to illness.1. 5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 67 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of August 9, 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.2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.PAGE 1 CITY COUNCIL MINUTES AUGUST 9, 1994 2. CONSENT CALENDAR (Continued) 2.3 Request City Council approve an Easement Deed to the Municipal Water District of Orange County for a waterline easement lying north of Serrano Avenue. This deed will correct an error in the legal description of the original Easement Deed recorded in 1983. D4000.0) FISCAL IMPACT: None. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.4 Request extension of City-County Cooperative Agreement D90-213 Santiago Canyon Road Phase II-Windes Drive to Newport Boulevard from June 30, 1994 until February I,1995. (AZIOO.0. Agr.2079.1) FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.5 Request City Council approve an Agreement for Exchange of Real Property Interests and Construction of Certain Improvements with Dr. and Mrs. Cray at the property located at 8001 E. Santiago Canyon Road. (AZ100. 0.Agr.2270) FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.6 Request City Council approve appropriation of $5,000 to account number 272-5011-48330-3424 for appraisal, title, and associated reports to acquire property at 1432 Cannon Street. (p2500.0)FISCAL IMPACT: $5,000 from Unappropriated Reserves in the 272 account Proposition III moneys).ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.7 Request Council reject all bids received for Bid No. 945-02, Construction of New Restrooms at Hart and Shaffer Parks and re- bid the project in accordance with Public Contract Code, Division 2, ChapterI, Article 4, Section 20166. ( C2500.M.4.3)FISCAL IMPACT: None.The Purchasing Agent for the City reported on the problems that occurred regarding this bid, and recommended it was in the best interest of the City to reject all the bids and rebid per instructions. The recommendation was discussed with the CITY COUNCIL MINUTES AUGUST 9, 1994 2. CONSENT CALENDAR (Continued) The City Manager commented the bidding procedures were discussed and it was decided from this point on the bids will be dropped off at the City Clerk's Department and time/date stamped for acceptance. The bids will need to be received one-half hour before they are opened to give staff enough time for processing.Amer Nassri, 8405 Pershing Dr., Playa Del Rey, representing Midland Construction Company, voiced the following concerns with the first bidder: 1) They did not submit the bid in the right location. 2) They only submitted the signature sheet of the bid form. 3)They are missing two major subcontractors.MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to approve the recommendation by the City Manager and reject all bids as outlined in Agenda Item 2.7, and rebid the project.2.8 CLAIMS FOR DAMAGES FROM: (C3200.0)a. Ali Roushanzamir b. Artlo Industries ( X-Ref D. Reyes)c. Rose Franco FISCAL IMPACT: None.ACTION: Denied claims and referred to City Attorney and Adjuster.2.9 Request Council approve Permit and Agreement for St. Joseph's Hospital to construct,operate and maintain a pedestrian overpass across LaVeta Avenue at Pepper Street.AZI00.0. Agr.2271)FISCAL IMPACT: None.MINUTE ORDER - Mayor pro tern Barrera: "In the agreement that I read, the only thing I have is a concern for the future. I've always been impressed with something on that overpass that says, " Welcome to Orange." I think in the agreement it says there would be no advertising or writing on it. Is that for the length of the overpass or can it be changed at some time? I'd like to see some discussion on this from the parties involved, St. Joseph Pavilion and the community that something like that would be an asset for advertising.I've seen it in other communities and I hope we are not overlooking it. "Page 3 CITY COUNCIL MINUTES AUGUST 9,1994 2. CONSENT CALENDAR (Continued) The City Attorney commented the agreement serves for 35 years and could be amended from time to time. Regarding a message on the overpass, it was a policy consideration which was negotiated and possibly came from staffand agreed to by the other party. The City Manager commented the overpass message was discussed and instead of having anything at all, the overpass structure would speak for itself. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.10 Request Council approve second and final contract change order in the amount of 11,595.00 to R.L.T. Construction, Inc., for Bid No. 934-14, Olive Street and Orange Street water mains. (A2100.0.Agr. 2198)FISCAL IMPACT: Sufficient funds were budgeted in the project Account No. 310- 6056-474501- 1812.ACTION: Approved.2.11 Request from the Orange County Fire Department for the temporary closure of Water Street between Chapman Avenue and Almond on August 24, 1994 from 9:00 a.m. to 2:30 p.m. to conduct an employee orientation. ( S4000.S.4) FISCAL IMPACT: None.ACTION: Approved. MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Beyer, Coontz, ABSENT - Mayor Beyer Item 2.7 was removed and heard separately; all remaining items on the Consent Calendar were approved/denied as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4.REPORTS FROM COUNCILMEMBERS TAPE 410 Councilwoman Coontz voiced concern regarding the recent newspapers articles regarding the future of the Eastern Transportation Corridor (ETC) and the proposed "land swap" between the General Service Administration and The Irvine Company. The planning for the ETC has been on-going for the past 20 years. The ETC was proposed to parallel and relieve the 55 Freeway and connect with the 91 Freeway. This is based on future growth.Page 4 CITY COUNCIL MINUTES AUGUST 9,1994 4. REPORTS FROM COUNCILMEMBERS (Continued) The Director of Public Works reported he had talked with Monica Florian, representing The Irvine Company, who indicated there is no proposal that has been reported in the media. Environmental groups have discussed their concerns and there has been a request by the Department of the Interior in conjunction with the Fish and Wildlife Service and the Forestry to enter into discussion on finding a way to expand the Cleveland National Forest. There is an interest in this endeavor. The Irvine Company has discussed with the corridor agency the ETC right-of-way. Any land exchange will be in the future. Council will be presented a memorandum regarding this issue.Councilman Spurgeon announced there will be a meeting of the El Toro Executive Council August 10, 1994. Councilman Spurgeon will address the City's concerns regarding the system-wide transportation impacts on the City of Orange and it's sphere of influence.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS TAPE 578 6.1 Report on P. J. Mead Books and Coffee, 135 S. Cambridge Street. (RI200. 0 The Director of Community Development reported a meeting was held with the neighbors and P.J. Mead's business owner to discuss Mariola Szeglowska's request to erect a sound wall because of noise being generated from the business. A solution was agreed to by the business owner and agreed to by the property owner. The central provision is to construct, within sixty days, an eight foot high block wall along a portion of the property line between the business and the adjacent residence. This would act as a sound buffer between the service doors of the business and residential windows. Additionally, the business owner proposed to re-establish, within the business building, the residential use which existed previously. The rear yard would be used exclusively for the residential purpose and would not be used for any business purpose. Also included are limitations on the hours of operation, seating capacity and the size of areas for specific uses within the business operation.The proposed wall was described on a wall exhibit. The eight foot wall would extend from the front ofP. J. Mead's garage approximately 25 ft. to the west. The wall is proposed to be moved a short distance off the property line to clear the way for sewer lines that run underground.Richard Carlson, 159 S. Cambridge, commented he attended the meeting and left the meeting with the understanding the proposed wall would be built up to the garage and behind the garage to the end of Mrs. Szeglowska' s property.Mariola Szeglowska, 143 S. Cambridge St., requested the wall be built from the back of her property extending to the front end of her property without taking down Ms. Szeglowska's wooden fence. Their backyard cannot be used because ofthe noise created by customers in P. J.Meads backyard. Ms. Szeglowska stated, "We do not want to close the market. I want to have a normal life, and ifI get my wall, you will never see me again." CITY COUNCIL MINUTES AUGUST 9, 1994 6. ADMINISTRATIVE REPORTS (Continued) Carole Walters, 534 N. Shaffer, commented the business owner should not have rights or special requests such as having the street swept at night that will impact the residents. This business is a non-conforming use in a residential neighborhood.The following people spoke in favor ofP. J. Mead's as an establishment that provides a nice environment and is used by local people:Margaret Manson, 525 Laurinda Lane Richard Hamel and Sheila Cleveland, 331 S. Olive Mr. Hamel and Ms. Cleveland, friends of the Mead family, were invited to have their wedding reception in the Mead's backyard. They indicated it is a low key affair and would like to know if this will still be possible since invitations have been sent out.Eleanor Bullock, 2744 Larkstone Dr.Gene Somers, 1539 E. Candlewood, suggested the business go back to a market and the business owner move to the Plaza where there is space for a business of this type. Mr. Somers observed a delivery truck parked on the west side of Cambridge Street that took over half of the traffic lane.Mara Brandman, 1673 Equitation Way, suggested an acoustical study be done and that the proposed eight foot wall might not solve the problem, it should go higher. Time constraints should be imposed on the use of the back yard.Gary Mead, 135 S. Cambridge, reported the closing hours of business at P. J. Meads on Friday and Saturday is II :00 p.m. because people enjoy outings; however there would not be a problem to close at 10 p. m.. There is an automatic dishwasher on the site. The trash bin was moved closer to the front of the business. Regarding the wedding, this is a one time only event for friends. Mr. Mead was asked if the length of the wall from the garage would be adequate. Mr.Mead requested time to confer with the other business partners. MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to continue the issue to the end of the calendar.Continuation ofItem 6.1 Gary Mead, 135 S. Cambridge, asked if the wall is built on the remainder of the lot, will they be allowed to use the backyard? Further Mr. Mead commented the proposal of 25 ft. and the garage structure is sufficient.The Director of Community Development opined the non-conforming use regulations would prohibit the expansion of the commercial use to the rear yard area even with the wall constructed.Page 6 CITY COUNCIL MINUTES AUGUST 9, 1994 6. ADMINISTRATIVE REPORTS (Continued) Gary Mead Sr., 135 S. Cambridge, commented they agreed with the recommendation from the Council to build the 8 ft. wall with a two foot trellis across the top, with landscaping, from the edge of the garage extending 25 ft. to the edge of Ms. Szeglowska's house. They have agreed to everything in the report. If another extension is requested, another quote will be necessary. Bob Bennyhoff, 10642 Morada Dr., commented the business is non-conforming with insufficient parking, and discussions should stop. MOTION SECOND Coontz Barrera Moved to accept the recommendation from staff except for the question of a wall. The wall should be the entire length of the lot. Hours of operation are 10:00 p.m., which includes Saturday and Sunday, across the board, which is sufficient in residential areas. The issue is to return to Council within 30 days after the wall is constructed.AMENDED MOTION:MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Amend the recommendation in the motion regarding the wall, suggesting the wall be constructed eight foot high, to return to six foot high wall from the rear of the garage to the easterly property line. Also, add the trash bin enclosure.Mr. Mead asked for consideration that the wall not be made of cinder block but wood, and assistance on how it would be constructed. The Director of Community Development will assist Mr. Mead.7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS 8.1 ORDINANCE NO. 16-94 An Ordinance of the City Council of the City of Orange amending Section 17.96.100 A. of the Orange Municipal Code regarding compensation to members of the Design Review Board.A2500.0)MOTION SECOND AYES ABSENT Barrera Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Page 7 CITY COUNCIL MINUTES AUGUST 9, 1994 8. LEGAL AFFAIRS (Continued) That Ordinance No. 16-94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.2 ORDINANCE NO. 17-94 An ordinance of the City Council of the City of Orange amending Section 5.63.100 of Chapter 5.63 of Title 5 of the Orange Municipal Code pertaining to street banners. ( AZ500. 0) MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 17-94 have first reading waived and same was set for second reading by the preceding vote. 8.3 ORDINANCE NO. 18- 94 An ordinance of the City Council of the City of Orange amending Section 2.04.020 of Chapter 2.04 of Title 2 of the Orange Municipal Code pertaining to City Council Regular Meeting dates and times. (AZ500. 0) MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 18-94 have first reading waived and same was set for second reading by the preceding vote. 8.4 RESOLUTION NO. 8374 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. (AZIOO.0.Agr.2198)Bid No. 934-14 R. L. T. Construction, Inc.MOTION SECOND AYES ABSENT Spurgeon Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Page 8 CITY COUNCIL MINUTES AUGUST 9,1994 8. LEGAL AFFAIRS (Continued) That Resolution No. 8374 as introduced be adopted and same was passed and adopted by the preceding vote. 8.5 RESOLUTION NO. 8376 A Resolution of the City Council of the City of Orange expressing appreciation to Frank V. Page of the Public Works Department and commending him for thirty-two years ofloyal and dedicated service. (C2500. M) MOTION SECOND AYES ABSENT Barrera Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8376 as introduced be adopted and same was passed and adopted by the preceding vote.8. 6 RESOLUTION NO. 8377 A Resolution of the City Council of the City of Orange amending Resolution No. 8362 relating to the classification, compensation, and terms of employment of designated executive management,staff management, and labor confidential employees, adding the classification of Economic Development Director and re-titling the classification of Public Works Director to Public Works Director-City Engineer. (C2500.M)MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8377 as introduced be adopted and same was passed and adopted by the preceding vote.8.7 RESOLUTION NO. 8378 A Resolution of the City Council of the City of Orange amending Resolution No. 8362 relating to the classification, compensation, and terms of employment of designated executive management,staff management, and labor confidential employees, adjusting the Assistant City Engineer salary range from 509, $4516 to $5791, to 519, $4747 to $6087; adjusting the Community Services Manager salary range from 497, $4254 to $5455, to 511, $4561 to $5849; and modifying Section 21 Health Insurance B to correct the contribution for Assistant Water Manager from $529 per month to $704 per month. (C2500.M)Page 9 CITY COUNCIL MINUTES AUGUST 9, 1994 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Coontz Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8378 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Mara Brandman, 7319 Equitation Way, commented televising Council meetings is a good idea and a good use of taxpayers money. Ms. Brandman asked the status of the study with the County Fire Department. The City Manager explained the reasons the report was continued for six months.Carole Walters, 534 N. Shaffer, attended the planning study session regarding the Old Towne Design Guidelines and asked how many properties were down-zoned at the request of the Committee of300?The Director of Community Development responded there was a petition by the Committee of 300 asking to do some neighborhood rezoning. It was a large number of properties.Ms. Walters commented the City should have collected moneys when these people wanted other peoples' properties downzoned. The City lost $80,000 to do the downzone study and staff report.The public hearings cost another $20,000. This should be thrown away now and the City should stop wasting taxpayer' s money. When people come before Council and want to downzone other people's property, they should be charged.Bob Bennyhoff, 10642 Morada Dr., commented to leave the fire situation alone until everyone knows how it is working.11. RECESS MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer NOTE: Councilman Spurgeon left at 5:45 p.m.The City Council recessed at 5: 10 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):Page 10 CITY COUNCIL MINUTES AUGUST 9,1994 11. RECESS (Continued) 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).City of Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 97 18.City of Orange vs. United Pacific Insurance Company, et aI., Orange County Superior Court Case No. 72 42 36.City of Orange vs. Lumbermen's Mutual Casualty Company, et ai, Orange Superior Ct. Case No. 71 8262.Workers Compensation Appeals Board Cases, Applicant: Bernard Brandriff, WCAB No:Unassigned.b. Conference with Legal Counsel - anticipated litigation.Initiation oflitigation pursuant to Government Code Section 54956.9(c) (one potential case).NOTE: This was deleted from closed session: Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case).c. Conference with Real Property Negotiator (Government Code Section 54956. 8).Property: 1432 Cannon Street Negotiating Party: Mrs. Rice Under negotiation: Price and terms of payment.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.NOTE: Due to an expected lack of quorum, there was no 7:00 P.M. Session.Page CITY COUNCIL MINUTES ADJOURNMENT MOTION SECOND AYES ABSENT Murphy Barrera Barrera, Coontz, Murphy Spurgeon, Mayor Beyer The City Council adjourned at 6:00 p.m.dh~~CITY CLERK AUGUST 9, 1994 Gene Beyer GENE BEYER MAYOR BY:~ ~&~C4( r FRED L. BARRERA MAYOR PRO TEM Page 12