08-27-1991 Council MinutesAPPROVED BY CITY COUNCIL ON SEPTEMBER
CITY COUNCIL MINUTES
OF A REGULAR MEETING
177
10, 1991-
ORANGE, CALIFORNIA
AUGUST 27, 1991
The City Council of the City of Orange, California, convened this
27th day of August, 1991 at 3:00 P.M. in the Council Chambers, 300 E.
Chapman Avenue. Oranqe. California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES - Regular meeting - August 13, 1991 MOTION - Coontz SECOND - Spurgeon
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon ACTION: Approved.1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS -
None 1.
5 PROCLAMATIONS - None 2. CONSENT CALENDAR 2.
1 Declaration of City Clerk
Marilyn J. Jensen
declaring posting of city Council Agenda of a regular meeting ofAugust27,1991, 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.2.2 Authorize the Mayor and Director ofFinance
to draw warrants on City Treasurer in payment of demands.ACTION: Approved.
Page 1
178
COUNCIL MINUTES AUGUST 27, 1991
2. CONSENT CALENDAR (Continued)
2.3 Request from Holy Family Cathedral to conduct their annual
church fiesta on September 13, 14 and 15, 1991, and a waiver
of all fees. (P1300.0.9)
ACTION: Approved subject to Staff stipulations.
2.4 Request that the City Traffic Commission's Annual Activity
Report of the 1990-91 fiscal year be reviewed and
accepted.OR1800.0.
19)ACTION: Received and
filed.2.5 Request for the installation of a driveway vision zone at
320 E. Maple Avenue. Funds are available in
Account #250-5032-427100 Contractual Services. (S4000.
S.3.
1)ACTION: Approved.REMOVED
AND HEARD SEPARATELY)2.6 Request the installation of a 4-Way STOP
control device at the intersection of Shaffer st. and Culver Ave. (
S4000.S.3.3)The Traffic Engineer was asked by Council
to explain why the survey was taken at Off-peak
hours. He indicated when radar surveys are performed, it is
to establish speed limits, and they are looking for a reasonable
or normal speed that would be traveled. In off-peak
hours the driver is less constrained and would tend to drive as
he perceives as a reasonable speed.ACTION: Denied. (See
Item 2.11 for vote count)2.7 Request to prohibit on-
street parking on both sides of Batavia st. between
Katella Ave. and the Southern Pacific railroad right-of-
way to the north. Funds are available
in Account #
250-5032-427100 Contractual Services. (S4000.S.3.1)ACTION: Approved.2.8
Request for the installation of Right Turn Only signs at
the westerly driveways of the business park located
at 1717
and 1745
W.
COUNCIL MINUTES AUGUST 27, 1991
179
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.9 Request authorization to approve the opening of a payrollaccountwith1stInterstateBankofCaliforniathat
accommodates the processing of payroll checks and providespayrolldirectdepositservices. (C2500.J.1)
The Finance Director explained the new program will not changethewaythepayrollisprocessed. However for those employeesthathaveselectedthisprogram, their monies will be sent
electronically to 1st Interstate Bank of California's clearinghouse, and from there out to the different banks where the
employees' monies will be electronically deposited into theiraccount. A stub will be received by the employee explaininghowtheamountdetermined, including their withholding.
ACTION: Approved (See 2.11 for vote count.).
2.10 Award Bid No. 912-05 for the widening and improvements onMainStreetandLaVetaAvenuetoInlandConstructorsintheamountof $359,985.70. (A2100.0.A.
1837)Account #
924-9811-783300-4012
Southwest Orange
Redevelopment Funds)Account #
550-5032-
785100-6301 Neighborhood Preservation
Funds)Account # 601-8061-
484501-
8424 Main
st. Water
Main)Twenty-
nine (29) bids
were responded:
Inland Constructors
Gillespie Construction Nobest Inc.
Excel Paving Co.Sully
Miller Marina Contractors
R.A.
Ruiz Construction
R.J.
Noble Co.Fecit Strata, Inc.
Gentry Brothers Excalibur
Contracting Griffith Co.
sold, the following
twelve (12)359,
985.70 412,
466.55 427,
418.30 429,
681. 70 432,
068.55 437,
746.15 445,
927.24 458,
335.05 459,
009.44 474,469.20 478,572.11 485,645.10 ACTION: Bid No. 912-05 was awarded to low bidder, InlandConstructors
in the
18 0
COUNCIL MINUTES AUGUST 27, 1991
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.11 Request Council authorize the purchase of an office trailer in
conjunction with the civic Center Short Term Remodel project
from Scottsman Mobile Offices of Long Beach in the amount of
44,563.36 (72% of total $61,893.55 cost) from Account #
500-1311-481200-9808 (Civic Center
Expansion). (C2500.0)Councilmembers expressed concern regarding a
diagram that was referred to in the report, but was missing.
The city Manager indicated the diagram depicted the location
of the trailer,which will be placed along the west property
line of the Community services lot
in an
L-shape.ACTION:
Approved.MOTION - Barrera
SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon Moved to approve Items 2.4, 2.6, 2.9 and 2.11 as
recommended.2.12 Request from Ed J. Mireles, representing the Local Union
No.952, to change the street name where their facility is
located 140 S. Marks Way), from Marks Way to Teamster
Way.S4000. S. 3.
6)ACTION: Referred to the Department of Public Works for
a
report.MOTION - Beyer
SECOND - Barrera AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Items 2.
4, 2.6, 2.9 and 2.11 were removed and heard separately; all other items
were approved as recommended.END OF
CONSENT CALENDAR 3. REPORTS
FROM MAYOR BEYER - None 4. REPORTS FROM
COUNCILMEMBERS - None 5. REPORTS FROM BOARDS.
COMMITTEES AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7.
REPORTS FROM CITY MANAGER - None
Page 4
181
COUNCIL MINUTES AUGUST 27, 1991
8. LEGAL AFFAIRS
8.1 RESOLUTION NO. 7870
A Resolution of the City Council of the City of Orange supporting theOrangeCountyTransportationCommission's strategic plan to expendMeasure "M" Funds for full right-of-way acquisition forwideningoftheInterstate5FreewaybetweenStateRoutes22and91andtoaccelerateacquisitionofcertainparcelslocatedwithinCityBoundaries. (
H1200.0)MOTION -
Coontz SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 7870 as introduced be adopted and same was passed andadoptedbytheprecedingvote.8.
2 RESOLUTION NO. 7871 A
Resolution of the City Council of the City of Orange expressing appreciationtoDetectiveDouglasKrabbeoftheOrangePoliceDepartmentandcommendinghimforalmostthirtyyearsofloyalanddedicatedservice. (C2500.K)MOTION -
Steiner SECOND - Spurgeon
AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No. 7871
as introduced be adopted and same was passed and adopted by theprecedingvote.8.3 RESOLUTION NO.
7872 A Resolution of the
City Council of the City of Orange designating municipal officers authorized toestablishandsigndocumentationforcitybankaccounts. (C2500.J.1)MOTION SECOND AYES Barrera
Coontz
Steiner,
Barrera,
Mayor Beyer,
Coontz, Spurgeon
That Resolution No. 7872 as introduced be
adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 7873 A Resolution
of the City Council of
the City of Orange upholding the recommendation of the Planning Commission of theCityofOrangeandgrantingaConditionalUsePermittoallowanadolescentresidentialtreatmentfacilityintheR-3 (ResidentialMultipleFamily) zone upon property located at 525 N. ParkerStreet. Conditional Use Permit 1913-91 - Social Model Recovery Systems, Inc. (A4000.0-389)t, ,~5
182
COUNCIL MINUTES AUGUST 27, 1991
8. LEGAL AFFAIRS (Continued)
MOTION - Barrera SECOND -
spurgeon AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7873 as introduced be adopted and same was passed and adopted by
the preceding vote.8.5 RESOLUTION
NO. 7874 A Resolution of
the city Council of the City of Orange upholding the recommendation of the
Planning Commission of the city of Orange and granting a Conditional
Use Permit to allow a two story self-storage facility within
70 feet of a single family (R-1) district upon property
situated north of Chapman Avenue and west of McPherson Road within
the former Southern Pacific Railroad right-of-
way.Conditional Use Permit 1906-91, Applicants: Donald Hunt
and Dean Evans. (Z1500.0
ZC 1136-91)DISCUSSION: The City Attorney commented Resolution
Numbers 7874 and,7875 have been revised to reflect a stipulation
that the applicant VOluntarily entered into at the August 13, 1991
Council meeting, with respect to a deed restriction which would be recorded
on the property precluding the applicant from converting that
property to multiple
family residential uses.Council felt all aspects of the conditions discussed
at the public hearing should be listed in the resolution, even
though the voluntary stipulation was understood that it would not hold up
legally, but was of concern. In the future, Council should be
apprised of this situation by
the
Planning
staff.
MOTION SECOND
AYES Barrera
Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Resolution No. 7874 as introduced be adopted and same was passed
and adopted by the preceding vote.
8.6 RESOLUTION NO. 7875
A Resolution of the city Council of the City of Orange upholding the
recommendation of the Planning Commission of the city of Orange and
approving the classification of property situated north of Chapman
Avenue and west of McPherson Road within the former Southern Pacific
Railroad right-of-way as C-1 (Limited Commercial)
and R-3 (Multiple Family Residential) Zone Change 1136-
91, Applicants: Donald Hunt and Dean
Evans. (Z1500.
183
COUNCIL MINUTES AUGUST 27, 1991
8. LEGAL AFFAIRS (Continued)
MOTION - Steiner SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7875 as introduced be adopted and same was passed and adopted bytheprecedingvote.8.7 ORDINANCE
NO. 23-91 An Ordinance
of the City Council of the city of Orange amending Section 17.06.020 of the Orange Municipal Code and approving the classification of
property situated north of Chapman Avenue and west of McPherson
Road within the former Southern Pacific Railroad right-of-
way as C-1 (Limited Commercial) and R-3 (Multiple Family Residential). Zone Change 1136-91, Applicants: Donald
Hunt and Dean Evans. (Z1500.
0 ZC 1136-
91)MOTION - Barrera
SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon That Ordinance No. 23-91 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 -
None RECESSED AND COUNCIL RECONVENED AT 7:00 P.
M.
MOTION
SECOND
AYES Barrera
Steiner Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to
recess to a Closed Session at 3:34 P.M. for the following purposes:a.
To
confer with its attorney regarding pending litigation pursuant to
Government Code Section 54956.9(a), to wit:Citv of
Oranqe vs. Donald Greek, Orange County Superior Court Case
No. 64 27 01.To confer
with its attorney regarding potential litigation pursuant
to Government Code Section 54956.9(
b) (1).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.b.c.
Page
7
184
COUNCIL MINUTES AUGUST 27, 1991
7:00 P.M. SESSION
11.INVOCATION - Reverend Arthur Holquin, Holy Family Cathedral 11.
1 PLEDGE ALLEGIANCE TO THE FLAG 11.
2 ANNOUNCEMENTS - None 11. 3
INTRODUCTIONS - None 11.4 PROCLAMATIONS -
None 11. 5 PRESENTATIONS a.
Mayor Beyer read
the acknowledgment letter received from J.E. Taylor, Rear Admiral,
U. S. Navy, expressing appreciation of support to reservists
who served in Desert Shield and Desert Storm.city of
Orange Reserve
employees were: Stephen Pham, LeRoy striegel and Sal Romero.
b. Marilyn Jensen, Assistant
Executive Director of the Miss Orange Pageant, representing President,
Frank Greinke, Jr.,introduced Miss Orange, Audra
Murphy and her Court of Honor,Claudia Kysor, Amy Dunn
and Lesleigh Covell.12.PUBLIC HEARINGS TAPE
1296 C2500.G.6)12.
1 MITIGATION MONITORING
PROGRAM MANUAL. CITY OF ORANGE:Time set for a
public hearing on petition by the City of Orange to establish a Mitigation Monitoring
Program (MMP) Manual consistent with the State of
California Public Resources Code (Section 21000 et.seq.) mandating that all
local agencies adopt a monitoring program to verify implementation of mitigation
measures associated with Mitigated Negative Declarations and
Environmental Impact Reports EIR) .MAYOR BEYER OPENED
THE
PUBLIC HEARING.The Community Planning Manager
reported the manual will ensure that mitigation measures that are
adopted and attached to development projects will be monitored
and implemented over a period of time.This program will make
it easier for the City staff to track and monitor mitigation measures and
ensure that the type of quality development expected in the
City will continue.Study sessions have been
held with the Planning commission and the general public, as well
as interested developers. Changes have been made as a result
of these study sessions and Councils' comments.written comments were received
from The Irvine Company, and have been addressed.Page 8
185
COUNCIL MINUTES AUGUST 27, 1991
12. PUBLIC HEARINGS (Continued)
Ordinance No. 22-91 was revised in the following areas: 1) The definition of "project" was modified to more precisely identifythatmitigationmeasuresandtheordinanceapplytoaspecificproject,instead of potentially applying to a variety of projects thatmightfallunderthe "umbrella" of a General Plan or a Specific
Plan.2) The "menu" has been expanded relative to theenforcementmechanismsavailabletotheCitytoensurethatmitigation
measures,once they are adopted will be complied
with.The following concerns by Councilmembers were addressed by theTheCommunityPlanningManager: The program, at this point, willbeadministeredbyexistingCitystaff. In the future, the needforadditionalstafftoadministertheprogramwillexpand accordingtothedegreeof
development.Fees are required on the smaller projects in which anegativedeclaration, environmental determination is made, butmitigationmeasuresarerequiredtoreduceoreliminatepotential impacts. But because of the project's limited size and scope of impact, a fUll-fledged environmental impact report is not required. In the analysis, existing projects of this size were reviewed, staff hours required to monitor the mitigation measures were estimated, and staff is recommending a set fee of $250.00 as being fair andreasonableformitigated
negative declarations.Staff is proposing to incorporate the fee schedule forthemonitoringofenvironmentalimpactreportsintotheexistingdevelopmentfeesystem, in which a project will come in with moniesbeinggivenupfrontthatCitystaffwilldrawfromastheymonitorthemitigationmeasures. Also, for mitigation measuresrequiringspecializedexpertisewheretheCitywouldneedtoretainaqualifiedconsultant,it is proposed the project proponent would be billedforthisadditionalcosttotheCity. This would apply to bothEIRsandmitigated
negative declarations.Concern was expressed regarding the staff process usedtoretainconsultantsforEIRsorspecializedexpertiseformitigatednegativedeclarations. It was explained there is language in themanualthatindicatesstaffwillworkcooperativelywiththeprojectproponentsothereisanunderstandingofthescopeofworkanticipatedandamountofmoneyinvolvedwhenretaining
a consultant.Speaking
in favor:Cora lee Newman, Vice President of Entitlement for TheIrvineCompanyandFoothillCommunityBuilders, complemented staff ontheprogrammanual, and expressed approval of
the document.Barbara DeNiro, 1118 E. Adams, asked if past projects, suchastheIDMprojectatOrangewoodandStateCollegeBoulevardwouldbesubjecttotheprogram'
s stipulations?
186
COUNCIL MINUTES AUGUST 27, 1991
12. PUBLIC HEARINGS (Continued)
The Community Planning Manager explained the program can be used to
monitor mitigation measures that are in place for both existing and
future projects, but we can not go back and add mitigation measures
to previously approved projects.
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
RESOLUTION NO. 7869
A Resolution of the City council of the city of orange adopting the
city of Orange Mitigation Monitoring Program Manual (1991).
MOTION - Coontz SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, spurgeon That Resolution No.
7869 as introduced be adopted and same was passed and adopted by
the preceding vote.ORDINANCE NO. 22-
91 An Ordinance
of the City council of the City of Orange mandating compliance with
the city of Orange Mitigation Monitoring Program.MOTION - Coontz
SECOND - Barrera AYES -
steiner, Barrera, Mayor
Beyer, Coontz, spurgeon That Ordinance No. 22-91
have first reading waived and same was set for second reading by
the preceding vote.RECESSED TO THE ORANGE
REDEVELOPMENT AGENCY MEETING (See Orange Redevelopment Minutes)13. PLANNING
AND ENVIRONMENT -
None 14. REPORTS FROM COUNCILMEMBERS - None
15. ORAL PRESENTATIONS Forrest Ricker, addressed
the Council regarding
Police harassing him at the abortion clinic on west
Chapman Avenue. Mr. Ricker requested Council to address this situation so
the protest may continue.Mayor Beyer instructed Mr. Ricker to
contact Police Captain Hernandez who is in charge of Police
patrol.Page 10
187
COUNCIL MINUTES AUGUST 27, 1991
ADJOURNMENT
MOTION - Mayor Beyer SECOND -
Barrera AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon The City Council
adjourned at 8:00 P.M.t1~~~(~Page 11