05-14-1991 Council Minutes48(,APPROVED BY CITY COUNCIL ON MAY 28, 1991.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
MAY 14, 1991
The city Council of the City of Orange, California convened this 14th
day of May, 1991 at 3:00 p.m. in the Council Chambers, 300 E. Chapman
Avenue. Oranqe. California.
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1. 2 ROLL CALL
PRESENT - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
steiner 1.3
APPROVAL OF MINUTES Regular Meeting -
April 23, 1991 MOTION - Barrera SECOND -
Spurgeon AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - steiner ACTION: Approved.1.4
PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS
a. Presentation
of a Certificate to Former
Mayor, Don Smith for the Food certification Program by Mayor
Beyer.b. Presentation by the Olympic Job Opportunities
Grant Program OJOP) to the Mayor and city Council
in recognition of the City's participation in the OJOP program.
1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR
TAPE 360 2.1 Declaration
of city Clerk Marilyn J.
Jensen declaring posting of City Council Agenda of a regular meeting
of May 14, 1991, at Orange Civic Center, Main Library, New Police Facility
at 1107 N. 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 T
CITY COUNCIL MINUTES
487
MAY 14, 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.
2.3 Revision to City of Orange/Irvine Company Fee Agreement
Covering the 1490 Acre East Orange Specific Plan No.1.
A2100.0 A.1676)
ACTION: Approved.
2.4 Authorize and approve the award of Bid #901-47 "stencil
Truck Body and Equipment" to Dispensing Technology Corp. in
the amount of $35,092.00 and reject all other
bids.Account No.: 720-1331-472101 (Additional
New Vehicle Fund)A2100.
0 A.1786)Three bids were sent out, with
only one received.ACTION: Bid No. 901-47 in the amount of $35,
092.00 was awarded
to Dispensing Technology Corp.
REMOVED AND HEARD SEPARATELY)2.5 Authorize and approve the award
Bid #901-48 Wheel Alignment System to Lincoln
Engineering Company of California, DBA Stoddart Tool and Equipment of La Habra,
CA, in the amount of 34,554.00; and reject all other
bids. (A2100.0 A.1787)Account
No.: 720-1331-481302-9859 (Equipment Replacement Fund)Five bids
were sent out,
with the following three
responses:
Lincoln Engineering Co.dba Stoddart
Tool & Equipment)
Westesco Auto
Shop Equipment
Co.,
Inc.
34,
554
35,515
36,256 MOTION
SECOND AYES ABSENT
Barrera Mayor
Beyer Barrera, Mayor
steiner Beyer, Coontz, Spurgeon Moved to continue this item to May
21,
1991 City Council Meeting.2.6 Approve and authorize the award
of Bid #901-51, replace concrete loading pads
at Corporation Yard, to Industrial Concrete Services, Inc., Santa Ana,
CA in the amount of 30,915.00; and reject
all other bids. Account No.:
500-1311-481200-9853 (
Capital-Building
and
488
CITY COUNCIL MINUTES MAY 14, 1991
2. CONSENT CALENDAR (Continued)
Seven bids were sent out, with the following three responses:
Industrial Concrete services, Inc.
Chas.Concrete Service
Markel Cement Contracting, Inc.
30,915
38,544
44,729
ACTION: Bid No. 901-51 was awarded to low bidder
Industrial Concrete Services, Inc. in the amount of $30,915; all
other bids were
rejected.2.7 Request approval of a not-to-exceed
contract with Advanced Environmental Technology Corporation (
AETEC) for asbestos consulting services associated with the Civic
Center Short Term Remodel Project; authorize the appropriation of $18,
000 (72% of the total $25,000 contract price)
to Account No.100-0201-
481200-9808-19813 (Civic Center Interim Renovations Project) from
General Funds Reserves. (A2100.0 A.1789)ACTION: Authorized Mayor
and City Clerk
to execute on behalf of the city.2.8 Request City Council
approve a one-year extension of time for Tentative Parcel
Map 88-442 located at the southwest corner of State
College Blvd.
and Orangewood Avenue. (C3300.0 No.1750-89)ACTION: Approved.2.9
Request city Council to execute an Easement Deed to
Orange County Flood Control District for flood control and
water conservation purposes at
Walnut Avenue, east of Malena Street.A2100.0 A.1790)
ACTION: Authorized Mayor
and City Clerk to execute on behalf of the City.2.10 Request
city Council to authorize city Attorney to
draw up an agreement, and approve such
agreement with Environmental Perspectives for environmental document preparation located on
Glassell Street from Walnut to Collins. (A2100.0 A.1791)
ACTION: Authorized Mayor
and city Clerk to execute on behalf of the city.2.
11 Request city Council approve installation of 'Street Lights' on the
100 block of North Jewell Place. (S4000.S.3.10)
ACTION: Approved and authorized transfer of $
8,000
from the
unappropriated
489
CITY COUNCIL MINUTES MAY 14, 1991
2. CONSENT CALENDAR (Continued)
2.12 Request City Council approve installation of a 'Median Break'
on Chapman Avenue west of Newport Blvd., for the Orange Crest
shopping center. (S4000.S.3.3)
ACTION: Approved.
2.13 Request city Council approve waiver of sixty-day notice to
the County of Orange to continue to use space in an
existing building at 365 E. River Avenue. (A.2100.0 A.
1792)ACTION:
Approved.If approved, adopt Resolution No. 7813 (Refer to Item #8.
13,Page
11).2.14 Request to appropriate $2,000.00 from Unappropriated
General Fund Reserves to Account No. 100-6011-
426700 for additional fees needed to file annexations in the
Fairhaven Islands Area with the Local Agency Formation Commission. (3100.
0 No. 392,No.
393, No.
394)ACTION: Approved.2.15 Request from community Development to transfer of $
30,000 from Account 100-6033-427800,
Other Contractual Services to Account 100-
6001-426700,
Other Professional
and Consulting Services.C2500.D)ACTION: Approved.2.16 Request City
Council approval of April 9, 1991 recommendation to authorize Mayor and
City Clerk to execute the Joint Powers Agreement
for the Central Orange county
Fixed Guideway Project. (A2100.0 A.1780)ACTION: Authorized the
Mayor and city Clerk to execute the Amended Joint
Powers Agreement for the Central Orange County Fixed Guideway
Project. Approved allocation of $15,000 from the
Unappropriated Reserves and deposit to Account
No.:250-5031-
426700 (other Professional
and Consulting services)
for this project.MOTION - Barrera SECOND - Spurgeon
AYES - Barrera, Mayor
Beyer, Coontz, Spurgeon ABSENT - steiner Item 2.5 was removed and heard separately.
All other items on the Consent
Calendar were approved as
recommended.END
OF
490
CITY COUNCIL MINUTES MAY 14, 1991
3. REPORTS FROM MAYOR BEYER - None 4.
REPORTS FROM COUNCILMEMBERS - None 5.REPORTS
FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 410 5.1
Appointment of the followina to fill vacancies that currentlY exist on
the Oranqe Business & Industry Beautifications Award Committee. Terms
to expire 01/31/93: (OR1800.0.8.6)Gene L.
Beckerbauer Ronald D.
Sands MOTION - Barrera
SECOND - Spurgeon AYES -
Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT - steiner Moved to confirm
the aforementioned appointments
to the Orange Business & Industry Beautification Award Committee. city
Clerk to notify new appointees of their meeting
time and locale.5.2 Report of Solid Waste
Committee. Oranqe Disposal Service rate review and Contract Amendment No. 11. (
A2100.0 A119.0)The Street Division Manager reported the
County Board of Supervisors has approved a 28.17% increase
in the landfill gate fees from $17.75 per ton for regular refuse to $
22.75 per ton. The increase for households is $.71 per month per
unit, and would be effective July l,1991.A review of the rate
analysis
submitted by orange Disposal Service shows that a rate increase for
service is not needed to meet Orange Disposal Service, Inc. financial needs through
June 30, 1991. The City's staff, with the concurrence
of the Solid Waste Committee, is recommending that the rate paid Orange
Disposal Service be reduced 36 per water meter per month.
The following summary outlines the net
result of a gate fee increase,plus an Orange Disposal Service rate
decrease: (Cost is based on water meter rate per month.)ITEM
EXISTING RATE PROPOSED RATE DIFFERENCE
INCREASE (DECREASE)
Service
Rate
Gate
Fee
Net Increase
5.60
2.43
5.24
3.14
0.36)
0.71
0.35
They are
also recommending
an increase
of $.05 per month for those services that have an additional water
closet. The purpose of that is for the sewer cleaning contract
which went up three years ago.The burden of that cost can
no longer be borne by Sanitation. It only affects a small percentage of
the population in the city.Page 5
4 91
CITY COUNCIL MINUTES MAY 14, 1991
5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued)
It is
which
1996.
also recommended that Orange Disposal's contract be extended,
will make the new termination date of the agreement January 1,
Councilwoman Coontz suggested the name of the committee should be
changed to the Integrated Waste Committee, since the committee deals
with many issues other than solid waste. Council responded that the
name change will be discussed at a later date.
If accepted, Adopt Resolution No. 7803 amending fee schedule for
Solid Waste services. (See Legal Affairs, Item #8.2, Page 7).
MOTION - Barrera SECOND -
Coontz AYES - Barrera,
Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Moved
to accept staff
recommendations on the rate increase and the extension of the contract
with Orange Disposal Service, authorizing the Mayor and the
City Clerk to execute on behalf of the City.6. ADMINISTRATIVE REPORTS - None
7. REPORTS FROM CITY MANAGER -
None 8.LEGAL AFFAIRS TAPE 660 8.
1 RESOLUTION NO. 7800 A
Resolution of the City Council
of the city of Orange providing workmen's compensation benefits for registered
volunteer "disaster service workers" when working on behalf
of the city. (C2500.H.1)MOTION - Barrera SECOND - Coontz AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSENT - steiner
That Resolution No. 7800 as introduced be
adopted and same
was passed and adopted by the preceding vote.Council questioned whether the
City would be liable in the
case of a disaster service worker driving his personal vehicle and perhaps having
an accident. Staff Legal Counsel reported the Disaster Preparation
Committee is currently investigating this issue.Page 6 1--
4. 9 2 CITY COUNCIL MINUTES MAY 14, 1991
8. LEGAL AFFAIRS (Continued)
8.2 RESOLUTION NO. 7803
A Resolution of the City Council of the City of Orange amending
section 13.60.020 and section 13.60.030 of the Orange Municipal Code
changing certain Sanitation and Service charges by Contractor.
A2500.0 Sanitation Charges)
MOTION - Coontz SECOND -
Barrera AYES - Barrera,
Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That
Resolution No. 7803
as introduced be adopted and same was passed and adopted by the
preceding vote.8.3 RESOLUTION NO.
7804 A Resolution of the
City Council of the City of Orange expressing gratitude and appreciation to
Gene R. Minshew for his service as Interim city Attorney. (C2500.
B)MOTION - Spurgeon SECOND - Barrera
AYES - Barrera, Mayor
Beyer, Coontz, Spurgeon
ABSENT - steiner That Resolution No. 7804 as
introduced be adopted
and same was passed and adopted by the preceding vote.8.4
RESOLUTION NO. 7805 A Resolution of
the city Council of the
City of Orange amending Resolution 7585 relating to the Annual Paramedic Subscription
Fees for residential and nonresidential subscribers. (C2500.H)MOTION -
Barrera SECOND - Spurgeon AYES - Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT -
steiner That Resolution
No. 7805 as introduced be adopted and
same was passed
and adopted by the preceding vote.Page 7 I
493
CITY COUNCIL MINUTES MAY 14, 1991
8. LEGAL AFFAIRS (Continued)
8.5 RESOLUTION NO. 7806
A Resolution of the city Council of the city of Orange approving Lot
Line Adjustment LL 91-4 adjusting a lot line of certain real
property situated at northwest corner of Chapman Avenue and Lewis
Street.Owner: Kaiser Foundation Health Plan, Inc. C2500.M.16.1 No.
91-4)MOTION -
Spurgeon SECOND - Barrera
AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
steiner That Resolution
No. 7806 as introduced be adopted and same was passed and adopted
by the preceding vote.8.6
RESOLUTION NO. 7807 A Resolution
of the city Council of the city of Orange upholding the recommendation of
the Planning commission and approving the reclassification of
properties located at 11202 N. Hewes street,11212 N.
Hewes Street, 18761 E. Bond Avenue, and 18771 E. Bond Avenue, from
County R-1 (7,200 Residential Single Family District) to city
R-1-7 (Residential Single Family District). Pre-
Zone Change 1133-91, City of orange. (Z1500.
0 No. 1133-
91)MOTION - Coontz
SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz,
Spurgeon ABSENT - steiner
That Resolution No. 7807 as introduced be adopted and same was passed
and adopted by the preceding vote.
8.7 RESOLUTION NO. 7809
A Resolution of the city Council of the City of orange upholding
Design Review Board on DRB Project No. 2640 and denying DRB Appeal
No. 1-91 and upholding the Planning commission by
approving Conditional Use Permit No. 1890-91 to allow for
transitional group home for women and children at 357-371 S. Lemon
Street and denying Design Review Board Appeal No. 1-91
and Planning Commission Appeal No. 385. Applicant: Old Towne
Preservation Association. (
A4000.0 No.
1-91)MOTION -
Coontz SECOND - Barrera AYES - Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT -
steiner That Resolution No. 7809 as amended, to include denying DRB
Appeal No. 1-91, be adopted and same was passed and adopted by
the
preceding vote.
Page
494
CITY COUNCIL MINUTES MAY 14, 1991
8. LEGAL AFFAIRS (Continued)
8.8 ORDINANCE NO. 12-91 (FIRST
READING)An Ordinance of the City Council of the city of Orange
amending section 17.06.020 of the Orange Municipal Code and approving
the reclassification of property located at 11210 and 11212 N.
Hewes,18761 and 18771 E. Bond Avenue. Pre-Zone Change 1133-
91, City of Orange. (Z1500.
0 No. 1133-
91)MOTION - Coontz
SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz,
Spurgeon ABSENT - steiner
That Ordinance No. 12-91 have first reading waived and same was
set for second reading by the preceding
vote.8.9 ORDINANCE NO. 13-91 (
FIRST READING)An Ordinance of the
city Council Transportation
Demand Management enforcement of
its requirements.of the City of Orange
establishing a Program and
providing for A2500.0
Trip Reduction)Council questioned whether Public Works of the Chamber
of Commerce wanted to make any comments about the letter recently received
by the Council regarding this ordinance. The City
Traffic Engineer indicated they had tried to address two specific areas of
concern of the Chamber and the Council. The first was the
definition of worksite, which has been redefined to delete the
small businesses under common control, but still to include shopping
centers and malls. The second area of Council concern was fees.
The ordinance will refer to the cost of administering the program, and
the fees will actually be set by resolution, in conjunction with
the other fees in the
Master Schedule.Paul Pursell, 16561 Alliance, Tustin, representing the
Orange Chamber of Commerce, indicated the Chamber was satisfied that Staff
had made an effort to fairly address the issues of concern to the
Chamber. If Staff will apply the ordinance in a manner as promised
at the Planning Commission meeting of April 9th and the City
Council meeting of April 23rd, the Chamber feels the administration of
this ordinance will be as equitable as possible considering the issues at
hand. The Chamber would like to continue to work with City
Staff. However,they no longer oppose
the ordinance.MOTION -
Barrera SECOND - Coontz
AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
steiner That Ordinance
No. 13-91 have first reading waived and same was set for
second reading by the preceding vote. Staff to continue to work with
the Chamber of Commerce in resolving issues that concern them.Page
9 T---
CITY COUNCIL MINUTES MAY 14, 1991 495
8. LEGAL AFFAIRS (Continued)
8.10 RESOLUTION NO. 7787
A Resolution of the City Council of the city of orange adopting the
revised Employee of the Quarter/Year and Manager of the Year program
guidelines and authorizing the appropriation of $3,250.00 to the city
Council's Trophies, Promotions, and Awards Account No.
235-0102-443600 to administer the program. (C2500.J.
4.18)MOTION -
Barrera SECOND - Spurgeon
AYES - Barrera, Mayor Beyer, Spurgeon NOES -
Coontz ABSENT - steiner
That Resolution No.
7787 as introduced be adopted and same was passed and adopted by
the preceding vote.MINUTE ORDER COUNCILWOMAN
COONTZ: "I am voting no, not on the basis of the program
being presented, but on the basis of the budget procedure and what
staff is being asked to do in the way of cutting back."8.11
RESOLUTION
NO. 7811 A Resolution of
the City Council of the city of Orange amending Resolution No. 7614
of the Professional, Technical and Clerical unit deleting the Classification
of Word Processor Operator and reclassifying the position
No. 576 with Account No. 100-1401-411102 from
Word Processor Operator (Range 311) to the Classification of Secretary (
Range 327). (C2500.C)MOTION -
Spurgeon SECOND - Barrera
AYES - Barrera, Mayor
Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution
No. 7811 as
introduced be adopted and same was passed and adopted by the
preceding vote.8.12 RESOLUTION NO. 7812
A Resolution of the City
Council of the City of orange amending Resolution No. 7614 of the
Professional, Technical and Clerical unit adding the classification of Senior
Buyer (Range 391) $2507-$3215 and reclassifying position Control No. 97
in Account No. 100-1301-411102 from Buyer (Range
351) to Senior Buyer (Range 391). (C2500.J.3)MOTION - Barrera SECOND -
Coontz AYES - Barrera,
Mayor Beyer, coontz,
Spurgeon ABSENT - steiner Page 10 r
496
CITY COUNCIL MINUTES MAY 14, 1991
8. LEGAL AFFAIRS (Continued)
That Resolution No. 7812 as introduced be adopted and same was passed
and adopted by the preceding vote.
8.13 RESOLUTION NO. 7813
A Resolution of the city Council of the City of Orange waiving the
sixty-day notice period of Government Code section 25351 for the
use of the California state Armory by the County of Orange for
child Health and Immunization Clinic. (A2100.0 A.
1792)MOTION - Spurgeon
SECOND - Barrera AYES -
Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner
That Resolution No.
7813 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
TAPE 1402 Carol Walters, 534
N. Shaffer, President of CARE, addressed the Council regarding the
Orange Police Department. Every month, the city recognizes someone
on the staff, which she thinks is nice. She would like to
have the Police Officers recognized. The residents don't see
all the police officers, but their bosses see them. The police are getting
hassled now, especially since the King incident.When someone was
being arrested near her house, she saw the person try to spit
on the police officer. She asked if there was some way they could be
recognized by the city, and also perhaps the Firemen.Council mentioned that
the Rotary recognizes public service employees every year. Mrs.
Walters would like to work with the Police and Fire Departments in putting
some type of program together recognizing exemplary employees. She
thinks it is important to thank them for their service. She
recognized Sgt. Bob Green, Sgt. Jim Pyne, Sgt.Barry Weinstein, who
have been especially helpful in helping citizens in her area,
as well as a meter maid named Barbara. Council mentioned a marquis
on S. Glassell st. that said "Thanks God and the Orange Police Department",
which was a nice tribute.Page 11 r
I
CITY COUNCIL MINUTES MAY 14, 1991 497
RECESS
The city Council recessed at 4:05 p.m. to a Joint Closed Session with
the Orange Redevelopment Agency for the following purposes:
a. Council conferred with its attorney regarding pending
litigation pursuant to Government Code section 54956.9(a), to wit:
Thriftv oil Co. vs. citv of Oranqe, Orange county superior
Court Case 64 42 96;
citv of Oranqe vs. Donald D. Greek, Orange county superior
Court Case No. 64 27 01;
Serrano Irriqation District vs. citv of Oranqe, Orange County
Superior Court Case No. 61 38 00;
b. Council conferred with its attorney regarding potential
litigation pursuant to Government Code Section 54956.9(b) (1).
c. Council conferred with its attorney regarding initiation of
litigation pursuant to Government Code Section 54956.9(C).
11. ADJOURNMENT
The City Council adjourned at 5:20 p.m. to a Joint Workstudy Session
with the Planning commission on Monday, May 20, 1991 at 5:30 p.,m. in
the Weimer Room to discuss the Capital Improvement Program.
DUE TO AN EXPECTED LACK OF QUORUM, THERE WAS NO 7:00 P.M. SESSION.
1Ju~ OR;7~ll
MARILYN . JE~ ,CMC., CITY CLERK
Page 12
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