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04-22-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 13, 1997. CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING April 22, 1997 The City Council of the City of Orange, California convened on April 22, 1997 at 4:30 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Coontz 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Employee Recognition Service Awards were presented to the following employees: Paul Martinez, Dave Goodwin, Mike Hadley, Dan Bruno, Pat Thayer, and David Osborn.C2500.J. 4.18)Resolution No. 8758 was presented to Robert L. Clevenger, Retired Fire Chief commending him for more than twenty-nine years of loyal and dedicated service.Nancy Gee, Recycling Coordinator, presented Recycler of the Year Award to Raul Ramirez, Field Maintenance Supervisor. Other employees nominated for Recycler of the Year and recognized for their recycling efforts were Irene Carney, Andrea Jaso, Lisa Mattert, Jose Ortiz, Sarah Rooth, and Linda Salas. (C2500.M.1.1)1. 4 PROCLAMATIONS A proclamation declaring April 22nd - April 29th, 1997 as Recycle Week was presented to Nancy Gee, Recycling Coordinator. Councilmembers were invited to attend the Earth Day celebration at Hart Park from 9 a.m. - 1 p.m. on Saturday, April 26th.Proclamations were presented to Parks, Recreation and Cultural Arts Commissioners Dennis Blake, Rudy Diaz, Bill Holt, Vince Ferragamo and Bob Pomeroy.A proclamation was presented to Jennifer Hall, National Champion, 3 For All Girls Basketball Competition, Taft Elementary School.PAGE 1 CITY COUNCIL MINUTES April 22, 1997 2. CONSENT CALENDAR 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of April 22, 1997 at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board and summarized on Time Warner Communications; 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 ofthe City Clerk. 2.2 Request Council confirmation of warrant registers dated April 4, 8, and 18, 1997. ACTION: Approved. REMOVED AND HEARD SEP ARATEL Y) 2.3 Request approval of City Council Minutes, Regular Meeting, April 8, 1997 and Adjourned Regular Meeting, April 15, 1997. Mayor pro tern Slater requested the minutes of the Regular Meeting, April 8, 1997, Page 16, be amended to reflect "chain link fencing city- wide".MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the City Council Minutes, Regular Meeting, April 8, 1997, as amended and Adjourned Regular Meeting, April 15, 1997, as presented.2.4 Considerationto waive reading in full of all ordinances on the Agenda.ACTION: Approved. APPROPRIATIONS 2. 5 Recommend appropriation of $4,200 from Revenue Account No. 100-2011-252100- 9987, "Rental Book Collection" to Rental Book Revenue Account No. 100- 2001-443101-9987 to purchase rental materials. Funds have been collected in Revenue Account No.100-2011-252100-9987to cover this appropriation. (C2500.I)FISCAL IMP ACT: None. Council authorized revenue generated from this account to sustain the library's CITY COUNCIL MINUTES April 22, 1997 2. CONSENT CALENDAR (Continued) BIDS 2.6 Request to advertise for bid, Traffic Signal and Safety Lighting Modifications, Bid No. 967-34, at the following locations: (S4000.S.3. 3)Orangewood Ave. and Eckhoff St.Orange-Olive Rd. at Meats Ave.Glassell St. at Riverdale Ave.Katella Ave. at Main St.Glassell St./Taft Ave. at Orange-Olive Rd.Glassell St. at Walnut Ave.FISCAL IMPACT: Requires temporary transfer of $82, 800 from unappropriated reserves (Account 284 TSIP B) into a 550 Fund ( DPW-Improvement Fund). Upon reimbursement by HES grant, transferred funds will be returned to the parent fund source.ACTION: Approved plans and specifications, and authorized Bid No. 967-34 for the modification of traffic signals and safety lighting at the above locations be advertised.Approve the temporary transfer of $82,800 from unappropriated reserves (Account 284 TSIP B) into a 550 Fund (DPW-Improvement Fund).2.7 Request Council award Bid No. 967-33, Misc. Vehicles, to Villa Ford, Orange Ca, in the amount of $466,772. (A2100.0 AGR-2793)FISCAL IMPACT: Funds are budgeted in Account No. 720-5023-472102 (Motor Vehicle Replacement).ACTION: Authorized Mayor and City Clerk to execute on behalf ofthe City.2.8 Request Council award Bid No. 967-26, Motorized Asphalt Paver to Superior Equipment, Escondido, Ca. in the amount of$50,303. (A2100.0 AGR-2792) FISCAL IMPACT: Funds are budgeted in Account No. 720-5023-472102 (Motor Vehicle Replacement).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.9 Request Council award Bid No. 967-27, Fire Station #3 Remodel, to Greentree Development Co., Orange, Ca. in the amount of$ 189,41O. (A2100. 0 AGR-2791)FISCAL IMPACT: Funds are budgeted in Account No. 565-3021- 481200-2631 CITY COUNCIL MINUTES April 22, 1997 2. CONSENT CALENDAR (Continued) CLAIMS 2.10 CLAIMS FOR DAMAGES FROM: a. Jennifer Edwards b. Bree Edwards (C3200.0) ACTION: Denied claims for damages and referred to City Attorney and Adjuster. CONTRACTS 2.11 Request Council award of Professional Services Contract in an amount not to exceed 117,878 to Robert Bein, William Frost & Associates for preparation of a Project Study Report (PSR) for SR-22/City Drive Interchange Modification. (A2100.0 AGR-2790)FISCAL IMPACT: This proj ect is funded in the 1996-97 budget in the 284-5011-483300- 3823 TSIP Area B account.ACTION: Authorized Mayor and City Clerk to execute on behalfofthe City.2.12 Request Council award a contract in the amount of $36, 137.94 to Accurate Landscape and Maintenance of Anaheim, Ca. for landscape improvements located at Reservoir 9A and 10, Bid No. 967-32. (A2100.0 AGR-2789)FISCAL IMPACT: Funds are budgeted in the following accounts:601- 8041-484101-8316 601-8041- 484101-8317 10,789.66 25,348.28 Reservoir 9 A Reservoir 10 ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.13 Request Council award a contract in the amount of $25,000.00 to Holmes and Narver,Inc. for consulting services to provide a Supplemental Project Report and Environmental Re-Evaluation for the proposed enhancement of the Meats Avenue Bridge Overcrossing at the SR- 55 freeway. (A2100.0 AGR-2788)FISCAL IMP ACT: Funds are budgeted in the following account:262-5011-483300-3818 $25, 000.00 CITY COUNCIL MINUTES April 22, 1997 2. CONSENT CALENDAR (Continued) 2.14 Request Council award a professional engineering services contract in the amount of 34,445.00 to Joseph C. Truxaw and Associates, Inc. for Street Improvement Plans for the Critical Intersection of Main Street at Chapman Avenue. (A2100.0 AGR- 2787)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following account:262-5011-483300- 3229 $75,000.00 Measure M - ChapmanlMain Intersection.ACTION: Authorized Mayor and City Clerk to execute on behalf ofthe City.REMOVED AND HEARD SEP ARATEL Y)2.15 Request Council award a contract to LaserFiche Document Imaging in the amount of 53,050 to upgrade the City's existing document imaging and automated records management system. ( A2100.0 AGR-2786)FISCAL IMP ACT: Funds are available in the following accounts:100-0402- 449600 $23,500 Document Management Program 780-1601-47000-9640 $29,550 Information Management Upgrade NOTE: Councilman Murphy abstained due to a potential conflict of interest with his employment.MOTION - Spurgeon SECOND - Slater AYES - Slater, Mayor Coontz, Spurgeon, Alvarez ABSTAIN- Murphy Moved to authorize the Mayor and City Clerk to execute on behalf of the City.PERMITS REMOVED AND HEARD SEP ARATEL Y)2.16 Request Council approve a hauling permit to American Wrecking, Inc. 2459 Lee Ave.,South El Monte, CA 91733, for Phase I ( demolition work) at the Wal-Mart project located at the Mall of Orange on North Tustin St. (C2500.M.20)FISCAL IMPACT: None.Mayor Coontz expressed concern with the noise, location, and the length of time the grinding of the concrete material will CITY COUNCIL MINUTES April 22, 1997 2. CONSENT CALENDAR (Continued) The Director of Community Development responded the crushing operation is approved as part ofthe demolition permit for the former Broadway store. The equipment will be located on the Tustin Street frontage, which is further away from residential properties. A City ordinance restricts hours of construction from 7:00 a.m. to 8:00 p.m., Monday through Saturday and the City's noise ordinance will need to be met. Mayor Coontz requested information be presented to Council on how long the grinding will continue. MOTION- Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Coontz, Spurgeon, Alvarez Moved to approve the recommendation based on further review.PROGRAMS 2. 17 Request Council amend the Home Improvement Program Policy to authorize the City Manager to approve the subordination of City Deeds of Trust and permit the refinancing of privately financed first and second Deeds of Trust. (C2500.G.1.5)FISCAL IMP ACT: No costs will be incurred by the City for subordination of loans. All costs to be paid by the borrower.ACTION: Approved. RESOLUTIONS 2. 18 RESOLUTION NO. 8753 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 97- 1 adjusting a lot line of certain real property situated at Lots 4, 5 and 6 of Tract 9917 in the City of Orange, County of Orange, State of California. (C2500.M.16.1 LLN- 97- 1)OWNERS: Irwin and Kimberly Goldman, Ronald and Donna Hanson, David S. Soonlan and Sunee Krabeepetcharat.ACTION: Approved.2.19 RESOLUTION NO. 8759 A Resolution of the City Council of the City of Orange supporting the consolidation of the Municipal Water District of Orange County and the Coastal Municipal Water District.OC1300.G. 2)ACTION: Approved.PAGE CITY COUNCIL MINUTES April 22, 1997 2. CONSENT CALENDAR (Continued) 2.20 RESOLUTION NO. 8760 A Resolution of the City Council of the City of Orange finally accepting the completion ofa certain public work and improvement; Bid No. 956-37; S.P. 3154; J. H. Rental, Inc.;Palmyra Avenue and Sycamore Avenue - Street Reconstruction. (A2100.0 AGR- 2639)ACTION: Approved.URGENT ITEM MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the urgent request be added to the agenda and Consent Calendar as the need to take action arose subsequent to the posting ofthe agenda and there is a need for immediate action. 2.21 Requestby Orange Rotary Club, Orange Elderly Services, Orange Cares and the YWCA of Orange to reserve the City parking lot adjacent to Orange Elderly Services at 170 S.Olive Street and to allow the 3.2 mile walk for Orange as a charitable fund raiser.p1300.0. 9)MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Approved.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 2.3,2.15 and 2. 16 were removed and heard separately. Item No. 2.21 was added as an Urgent Item, and Councilman Murphy abstained on Item 2.15. The remainder of the Consent Calendar was approved as recommended.END OF CONSENT CALENDAR PAGE 7 CITY COUNCIL MINUTES April 22, 1997 3. REPORTS FROM MAYOR COONTZ 3.1 Appointments to Ad Hoc Committee on "I.N.S. - Orange Crime Suppression".OR1800. 1. 16)Mayor Coontz announced the list of nominees recommended by each member of the City Council to serve on the Committee are as follows: Sgt. John Aguilar, John Aust, Jim Beam,David Hart, Vicki James, Al Ricci, Fred Smoller, Bob Torres, Shannon Tucker, and Joe Wiseman. Jim Beam, former Mayor of Orange, will act as Chairman of the Committee. As this creates an even number of committee members, Mr. Beam will refrain from voting unless there is a tie vote on the issues addressed by the Committee. There will be a least two non-voting resource people on the committee - Sgt. Steve Ames from the Police Department and a City Attorney designee. Others may be called upon by the Committee for information as needed. The goal of the committee will be to research opportunities, concerns and the implementation of Section 133 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 advising the City Council oftheir findings.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept the membership of the Committee and a report from the Committee be brought to the City Council no later than October I, 1997.3.2 Appoint Jonell Schlund to the Orange Public Library Board of Trustees to replace the vacancy created by George Gorham, term to expire June 30,1997. (C2500.I)Mayor Coontz recommendedextending the term through June 30, 2000, as Ms. Schlund would otherwise be filling a term expiring June 30, 1997.MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to appoint Jonell Schlund, term to expire June 30, 2000.3.3 Update on the Eastern Transportation Corridor.Mayor Coontz reported Council was extremely pleased at the unanimous vote of the Board of the Eastern Transportation Corridor Agency to retain the original landscaping plans and permanent irrigation of the East Orange Interchange. Mayor Coontz thanked the staff of Public Works and Community Development Departments, Bob Bennyhoff, editor ofthe Foothill Sentry, the local press in attendance, Bob Hahn and Gigi Samaha of the Santiago Hills Homeowner's Action Committee, the East Orange public at large including the Orange Park Acres Organizational Committee, Mayor pro tem Slater and Councilman Spurgeon for lobbying members of the Board, and the Agency Board Members.PAGE 8 CITY COUNCIL MINUTES April 22, 1997 4. REPORTS FROM COUNCILMEMBERS 4.1 Request from Mayor pro tem Slater for permission to leave the country from May 5 through 18, 1997. Mayor pro tem Slater indicated he will be going on a study trip to Israel. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABST AIN- Slater Moved to approve. NON-AGENDA ITEM Mayor pro tem Slater recommended staff return to Council in one month with proposals and options for the Investment Advisory Committee; indicated that at a recent Study Session Mayor Coontz had requested that information be gathered on this issue; and expressed concern that it be addressed in a timely manner.The Finance Director reported that initial work has been done on a survey to provide comparable information to Council on what is happening with similar type committees in other Orange County cities. The survey could be made available to Council within the next week with recommendations to Council within two weeks.MAYOR PRO TEM SLATER STATED FOR THE RECORD - "This is important and we need oversight continuously since investments are constantly being made."Councilman Murphy recommended from a procedural standpoint to review the Committees and Commissions with terms to expire, indicating the terms of the Orange Park Acres Planning Committee had expired in February.Mayor Coontz commented there is a need to confer with Supervisor Spitzer regarding the expired terms of the Orange Park Acres Planning Committee, indicating she has not had the opportunity to discuss the issue with him. The direction of the Committee has not been followed the way the Committee was ordained in the late 1960's, as two County representatives are to be appointed by the Supervisor.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 9 CITY COUNCIL MINUTES April 22, 1997 6. ADMINISTRATIVE REPORTS 6.1 Report from the Director of Public Works on the removal of on-street parking on both sides of Collins Avenue to Handy Street for the installation of left-turn lanes needed for signalization of the intersection of Handy/Collins. (Continued from April 8, 1997).The Director of Public Works presented an overview of the appeal of the Traffic Commission's recommendation. Collins Avenue is classified a secondary arterial highway on the County Master Plan of Arterial Highways and on the City's Circulation Element ofthe General Plan and is a four-way roadway, substandard in width (56 feet curb to curb). The area available for parking on the north side of Collins Avenue, west of Handy Street, is only 6 feet in width. The location of Handy/Collins meets six of the eleven warrants utilized in determining the need for traffic signals. The unbalance in traffic volumes, approximately 14,000 vehicles a day on Collins Avenue and 5,000 vehicles a day on Handy Street, makes the current four-way stop inefficient and contributes to congestion in the intersection. The recommended option is to install a 2-Phase signal with left turn pockets on Collins Avenue, which offers the most efficient and safest method of signalizing the intersection. The option has the disadvantage of requiring the removal of parking on the Collins Avenue approaches to the intersection, approximately 300 feet in each direction.The three options reviewed for signalization are as follows:AL TERNA TIVE 1: 2- PHASE SIGNAL WITH LEFT TURN POCKETS ON COLLINS AVENUE ALTERNATIVE 2: 3-PHASE (SPLIT PHASE) SIGNAL WITH NO LEFT TURN POCKETS ON COLLINS AVENUE ALTERNATIVE 3: 2-PHASE SIGNAL WITH NO LEFT-TURN POCKETS ON COLLINS AVENUE In response to Council's concerns, the Director of Public Works reported that the crossing guard would remain at the location for pedestrian safety. The roadway width on Collins Avenue would not accommodate bike lanes. Further concerns raised by Councilmembers were the potential of increased speeds on Collins Avenue, safety issues, and the left turn lanes.The Traffic Engineer explained the peak hour volumes on Collins Avenue and the side streets increased, which meets the warrant of interruption of flow on the arterial street. There are approximately 80 cars making left turns during peak hours. SPEAKING IN OPPOSITION:Mark Levy, 2441 E. Collins Michael Cross, 2603 E. Collins Russell Monroe, 2505 E. Locust Maggie Duerr, 2537 E. Collins Phillip Duerr, 2537 E. Collins (presented card but did not speak)Barbara Bohlman, 2701 E. Collins ( CITY COUNCIL MINUTES April 22, 1997 6. ADMINISTRATIVE REPORTS (Continued) SPEAKING IN FAVOR OF THE TRAFFIC SIGNAL (BUT OPPOSED TO THE LEFT TURN LANE): Jan Naylor, 804 N. Fern Street Cindy Spencer, 930 N. Handy Susan Parker, 2226 E. Mayfair Avenue Mayor Coontz indicated the following individuals called IN SUPPORT ofthe signal installation: Carolyn Stringfellow, 2206 E. Locust Avenue Mr. and Mrs. Kevin Adle, 2126 E. Locust Mr. and Mrs. Scott Tredo, 2737 E. Monroe Mr. and Mrs. Dave Patterson, 2125 E. Locust Clara Harnett, 2720 E. Monroe Diane Brucher, 2302 E. Monroe ALL RESIDENTS AGREED ON THE FOLLOWING: Pedestrian (children) safety No left turn lane Retaining the crossing guard. The following categorized issues were discussed: SAFETY ISSUES Pedestrian (children) safety If the signal is installed, request that No Left Turn Lane be installed in order for the residents living on Collins to retain a 10 ft. (sic) parking lane in front of their homes which will allow them to safely back out oftheir driveways. A blinkin~ red light be used during non-peak hours (8 p.m. to 6 a.m.) so residents can cross safely.Retain the Crossing Guard/Crossing Guard Policy Contact Orange Unified School District concerns on safety issues TRAFFIC FLOW Increase of speeding traffic on Handy St. between Collins and Katella..Increase of traffic on arterial streets.Traffic noise.Police Department enforcement of speed limits on Collins, Handy and the surrounding area.Traffic signal working at all hours.The definition of a secondary arterial roadway.Review the frontage of houses that have parking removed and residents being able to get in and out of their driveways.Stop signs needed at Monroe or Jackson intersections on Handy Street.PAGE CITY COUNCIL MINUTES April 22, 1997 6. ADMINISTRATIVE REPORTS (Continued) The Police Chief and Fire Chief be prepared to address all issues of concern and the use of main thorough fares when responding to emergencies. No left turn for west bound traffic on Katella at Wanda, Handy and Sacramento Streets from 7:00 a.m. to 9:00 a.m., the Crossing Guard can put cones up to cross the kids keeping the traffic flow off Handy/Wanda coming offprimary roads back on to secondary roads. From 8:00 p.m. to 6:00 a.m. or earlier, signal should go back to flashing red light because of the peak commuter traffic. SPEED HUMPS/BUMPS Installation of speed bumps on Handy Street from Katella to Walnut Streets. Use of cones and speed bumps to deter speeding. Speed humps and the effect on emergency vehicles - Police and Fire Chiefs to respond.LAND USE City' s intention approximately 4 years ago to put Walnut Street through in order to relieve traffic on Collins - has never been done.Beazer Homes has Walnut Street going through on their map.Beazer Homes is proposing to construct 131 more homes, as well as other developments in east Orange contributing to increased traffic on Collins Avenue which is maxed out.Consideration to put Prospect Street through.Collins Avenue is 54 ft. in width; was constructed in 1956 and should have been constructed to comply with the General Plan.BIKE LANE The effect each alternative would have on proposed bike lanes if Collins Avenue is on the Master Plan of Bike Trails.Need for bike lane - No left turn lane Mayor Coontz requested the Director of Public works to return to Council with a report that focuses on residents areas of agreement as well as answering specifically all incidental issues that are of concern. The City Clerk was instructed to categorize the issues.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue this issue to June 10, 1997.6.2 Treasurer's report for the period ending March 31,1997. (C2500.F)The Finance Director reported the Cash and Invested Balance was $112.4 million; cash disbursement exceeded cashreceipts by approximately $ 1.4 million; and the semi-annualdebt service payments of $2 million accounted for the net outflow of funds, which was moderated by PAGE 12 CITY COUNCIL MINUTES April 22, 1997 6. ADMINISTRATIVE REPORTS (Continued) large permit fees received. One investment matured and the proceeds were used for cash flow purposes. At the end of March, the Local Agency Investment Fund Balance was $13.1 million. The Portfolio Yield to Maturity was 5.48%. The Market Value as a percent of Portfolio was 98.85% of book value. The Portfolio Weighted-Average Time to Maturity was1.37 years.7. REPORTS FROM CITY MANAGER MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the report.7.1 Report regarding residential solid waste fees. (C2500.M.1)The City Manager reported Council approved a ten year agreement with the County of Orange for landfill disposal services at a very favorable rate of $22 per ton. This rate reduction, to take effect on July 1, mayor may not mean a rate decrease to City customers.Last week, City staff began circulating a request for proposals for consultant services to assist the City in developing, among other things, a proposed rate structure which meets multiple objectives, including conformity with Proposition 218. After the various consultants submit their responses to the City's RFP by May 15th, staff will bring the recommended consultant to the City Council for approval. In advance of this study, the City Manager would be hesitant to speculate on the future of trash pick up and recycling processing rates, but would point out that there are many other factors aside from landfill disposal rates which affect City customers'overall rates. One of the most important of these factors is the requirement of state law, contained in AB 939, to divert 25% of our trash from landfills. This requirement increases to 50% in the year 2000. The City's solid waste disposal and recycling processing contractors have proposed to City staff a program, which includes significant capital costs, to meet our AB 939 diversion requirements. Staff, with the assistance of the selected consultant, will be analyzing these proposals, and returning to the City Council with recommendations in the coming months.Council was provided with a one page summary showing a ten year history of residential trash pick up and recycling processing rates. (On file in the City Clerk's office). The City's present rate structure for residential service includes a component for paying, after recycling diversions,a County landfill rate of $22.75 per ton.The City did not raise its residential rates when the County increased its rate to $35 a ton, nor did we make any rate adjustment when the County reduced its rate to $27 a ton. The City's rate structure has remained based on the County rate of 1991, when it was $22.75 a ton. City staff is not proposing any trash pick up or recycling processing rate changes at this time as a result of the new gate fee contract we have with the County. This contract, and other factors, will be taken PAGE 13 CITY COUNCIL MINUTES April 22, 1997 7. REPORTS FROM CITY MANAGER (Continued) into consideration in an overall rate study which, pending Council approval of the consultant contract in the coming weeks, will help provide the City Council will sufficient data on which to base important rate-making decisions.Discussion: Carole Walters, 534 N. Shaffer, expressed concern that the solid waste fees could increase; asked if the fee would be on the water bill or property tax; and indicated that residents in the City are helping the City meet the 50% requirement to divert trash from the landfill and continue to have to pay the recycling fee.The City Manager responded the fees are a part of the sanitation and water bill; a rate increase is not proposed at this time; and the only cost that would be involved is the actual cost of service.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the report.8. LEGAL AFFAIRS 8.1 ORDINANCE NO. 9-97 An Ordinance of the City Council of the City of Orange upholding the recommendation of the Planning Commission and approving amendment to the Serrano Heights Specific Plan upon property located northeast of the easterly terminus of Serrano Avenue. Zone Change 1183- 96, California Quartet, A California Limited Partnership (21500.0 ZCG- 1183-96)MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 9-97 be adopted and same was passed and adopted by the preceding vote. 8.2 ORDINANCE NO. 10- 97 An Ordinance of the City Council of the City of Orange approving second amendment to Development Agreement No. 1-88 between the City of Orange and California Quartet, a California Limited Partnership, as successor-in- interest to Woodcrest Development,Incorporated. ( A2100.0 AGR- 1416.2)MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez CITY COUNCIL MINUTES April 22, 1997 8. LEGAL AFFAIRS (Continued) Moved that Ordinance No. 10-97 be adopted and same was passed and adopted by the preceding vote.8.3 ORDINANCE NO. 11-97 An Ordinance of the City Council of the City of Orange amending Section 12.12. 060 and deleting Section 12.12.070 ofthe Orange Municipal Code regarding maintenance and repair of sidewalks, bikeways, curbs and gutters and trails. ( A2500.0)Carole Walters, 534 N. Shaffer, requested the Ordinance be removed from the agenda to allow time to talk with the City Manager; expressed concern that the Ordinance holds the property owner responsible for the sidewalks, parkways trees, bike trails, etc.; that the City does not help residents with sewer damage caused by City trees; and indicated the Ordinance should address the City' s responsibility.The City Attorney responded the Ordinance reduces property owner liability making property owners liable for property damage they cause. The City's liability is governed by State law.Adele Graves, (address on file), expressed concern that property owners be made aware ofthe immediate cost to them and asked if the City will be fixing the existing sidewalks and curbs that are damaged by tree roots to start afresh.The Director of Public Works explained the ordinance does not deal with the issue of sewer damage caused by City trees. The intent of the Ordinance is to relieve the property owners of responsibility for repair of sidewalk unless the sidewalk is damaged as a result of actions of the property owner or a private street tree's roots that lift the sidewalk. The City is actively repairing sidewalks, curbs and gutters that are damaged by trees through a contracted service.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 11-97 be adopted and same was passed and adopted by the preceding vote with the recognition that the Ordinance actually does limit the liability ofthe property owner. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to request the Public Works Department review the policies of the City of Orange regarding disagreements with property owners, the present policy, and make recommendations to the City Council regarding changes that need to be made with respect to Ordinance No. 11-97.PAGE 15 CITY COUNCIL MINUTES April 22, 1997 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Jesse Thompson, 11591 Donna Lane, Garden Grove, shared pictures with Council of a bicycle accident he was involved in west on Chapman under the 1-5 Freeway caused by a dangerous condition, indicating support of Ordinance 11-97 and requested its continuance.Carole Walters, 534 N. Shaffer, requested an opinion from the City Attorney on the Brown Act as it relates to three Councilmembers attending a community meeting; expressed concern and opposition to parking meters in Old Towne; and requested parking meters in the Chapman University and Orange High School area.The City Attorney indicated to Ms. Walters that he would need more information on her question relative to the Brown Act. 11. RECESS NOTE: THE CLOSED SESSION WAS CONTINUED UNTIL AFTER THE 7:00 P. M.SESSION.The City Council recessed to a Closed Session at 7:55 p.m. for the following purposes:a. Public Employee discipline, release and dismissal pursuant to Government Code Section 54957.b. 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 NOTE: THE CITY COUNCIL RECESSED AT 7:10 P.M. AND RECONVENED AT 7:17 P.M.12. 1 INVOCATION Reverend Joseph Magliato, Son Light Christian Church 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Coontz 12.3 ANNOUNCEMENTS - None 12.4 INTRODUCTIONS - None 12.5 PROCLAMATIONS - None 12. 6 PRESENTATIONS - None PAGE 16 CITY COUNCIL MINUTES April 22, 1997 13. PUBLIC HEARINGS 13.1 APPEAL NO. 436; VARIANCE NO. 2024-96; CHEVRON USA PRODUCTS COMPANY, INC.Time set for a public hearing on petition by Chevron USA Products Company, Inc. to appeal the decision by the Planning Commission on January 20, 1997 denying Variance No. 2024- 96 to allow a second freestanding sign at a height of35 feet, which exceeds the city's sign ordinance limits on the height (15 feet) and the number of signs (1) that may be permitted at the automotive service station. The applicant is requesting a sign height of 40 feet. Approval of this proposal would require that the city waive limits on: (1) the number of ground mounted signs permitted on the property (1 sign, maximum), and (2) a maximum height of 15 feet. The property is located at 1940 E. Katella Avenue, adjacent to the Costa Mesa Freeway. (A4000. 0 APP-436)NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15311 ofthe State CEQA Guidelines.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:On behalf of Chevron USA, I would like to appeal the Planning Commission's decision on this variance case to the City Council for further consideration. Chevron is interested in pursuing a variance to install a 40' tall, 78 SF freeway sign. In our opinion, this property should have equal access to freeway generated business as do other surrounding commercial property owners with freeway oriented signs. The request for additional height on this sign is due to the super-elevated nature of the freeway adjacent to the property. Additional plans will be submitted supporting our position. We would like the City Council to take these facts into account when reviewing this appeal."Mayor Coontz reported a letter was received from RF A on behalf of Chevron, USA, requesting the formal withdraw of the appeal.MAYOR COONTZ OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept the applicants withdraw ofthe appeal.PAGE CITY COUNCIL MINUTES April 22, 1997 13. PUBLIC HEARINGS (Continued) 13.2 1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIPS ACT PROGRAM:Time set for a public hearing to consider the 1997-98 Community Development Block Grant CDBG) and Home Investment Partnerships Act (HOME) Programs. The purpose ofthe public hearing is to approve the 1997-98 CDBG and HOME Programs. The City is proposing toallocate approximately $1,443,000 of 1997-98 CDBG funding and $509, 310 of carryover CDBG funding to a variety of community development activities. The carryover from prior years is attributed to lower amounts being bid on capital projects. It is also proposed that approximately 414,000 in HOME funding be allocated for housing development and rental rehabilitationactivities. ( C2500.G.1.3)The Housing Manager presented an overview of the CDBG Program and acknowledged the work of the Community Development Block Grant Citizens Committee members and introduced Chairman, Harry St. George. The total amount requested for funding was $2.2 million; only $1.9 million was available for allocation. The base entitlement amount for CDBG is $1, 446,950 and a carryover was available that was provided from prior years. The Home Investment Partnerships Act Program would allocate funds for multi- family acquisition rehabilitation and construction projects. The recommendations made by the Committee are based on Council priorities established over the years which is to primarily benefit Orange residents, low-income residents RUD's requirement) and that different agencies be funded over a time. The policy is to assist as many non-profit agencies as possible without a duplication of effort by agencies performing the same servIces. 1997/98 FUNDING REQUESTS AMOUNT OF REOUEST COMMITTEE FUNDING RECOMMENDATIONS Administration Activities CITY DEPARTMENTS Economic Development Administration and Contingency 268,620 268,620 Fair Housing Council of Orange County ( Fair Housing Program)19.980 19. 980 TOTAL ADMINISTRATION 288,600 288,600 Public Service Activities CITY DEPARTMENTS Community and Library Services EI Camino ParkIProspect School/Killefer Park Community CITY COUNCIL MINUTES April 22, 1997 13. PUBLIC HEARINGS (Continued) Fire Fire Prevention Specialist - Code EnforcementlPublic Education Police Footbeat Officer Graffiti Diversion Program 60, 000 60, 000 20. 000 170, 000 PublicServiceCityDepartmentsSubtotalNON- PROFIT AGENCIES American Lodging Job Training Assessment and Treatment Services Center 40,000 Youth Counseling Assistance League of Orange Operation School Bell (Purchase of School Clothing) Community Service Programs, Inc. CSPlDrug Court Clinic Orange County Council of Orange County, Society of St. Vincent de Paul Friends Outside Job Program Dayle McIntosh Center for the Disabled Emergency Shelter & Assistance Program Episcopal Service Alliance Program & Housing Developer for Beacon & Martha Houses Food Distribution Center Driver Salary and Benefits Hart Community Homes, Inc. Youth Activity Fund for Children in a Group Home Homeward Bound (O.c. Homeless Issues Task Force/OCEAN) ReceptionlClerical/ Administration Salaries & Benefits (Part-time Position)19, 000 6, 000 9, 000 12, 500 6, 000 20, 000 20, 710 4, 520 10, 000 50, 310 60, 000 160, 310 0- 0-4, 000 9, 000 0-6, 000 17, 450 0- 0- 0-PAGE CITY COUNCIL MINUTES April 22, 1997 13. PUBLIC HEARINGS (Continued) Interval House Battered Women's Shelter Lestonnac Free Clinic Salaries for Secretary & ClericallMedical Aide Mariposa Women's Center Family Counseling Operation Clean Slate Graffiti Removal and Mural Painting Orange County Council on Aging Long Term Care Ombudsman Service Orange YMCA Teen Programs at Portola Middle School 7,000 33,600 25,000 15,000 5,000 8,000 STOP- GAP Therapeutic Drama Workshops for Orangewood Residents Turning Point for Families Youth and Family Counseling YWCA of Central Orange County Y -Teens at the Knolls Program 1, 000 28, 0009. 500 279. 830 449, 830 Public Service Non- profits Subtotal TOTAL PUBLIC SERVICE ACTIVITIES Public Facilities and Improvements Activities CITY DEPARTMENTS Community and Library Services ADA Improvements - Main Library Senior Center Improvements Public Works Street Lights 250, 000 200, 000 250, 000 5, 000 0- 0- 0-5, 000 4, 000 1, 000 5, 000 0-56. 450 216, 760 250, 000 200, 000 250, 000 PAGE CITY COUNCIL MINUTES April 22, 1997 13. PUBLIC HEARINGS (Continued)138,420 122,220 ADA Improvements-Curb Ramps (various locations)Street Reconstruction Projects Adams - Tustin Street to 1,000 ft. east Emerald Drive - Cherry Drive to Walnut Avenue Wayfield Street - Palm Avenue to Walnut Avenue Mt. Vernon Avenue - Wayfield Street to 150 ft. e/o Park Lane Park Lane - Sycamore A venue to Mt. Vernon Avenue Martha Avenue - Park Lane to 300 ft. east Public Facilities and Improvements City Departments Subtotal NON-PROFIT AGENCIES 147,500 147,500 81,500 81,500 173,080 173,080 67,850 67,850 88,200 88,200 40.700 40.700 1,437,250 $1, 421,050 Hart Community Homes, Inc. Interior painting of Two Group Homes Helping Our Mentally III Experience Success, Inc. (H.O.M.E.S.)Rehabilitation of the Riley House Olive Crest Homes and Services for Abused Children Acquisition of Group Homes Orange Children and Parents Together, Inc.Purchase & Installation of Playhouse for Non-ambulatory Children Public Facilities and Improvements Non-profits Subtotal TOTAL PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES GRAND TOTAL OF ALL REQUESTS 1,200 1,200 4,900 4,900 25,000 15,000 4.800 35.900 1,473, 150 2.211. 580 4.800 25.900 1,446, 950 1.952. 310*Includes $1, 443,000 1997-98 CDBG entitlement funding and $509,310 in reprogrammed prior year carryover.PAGE 21 CITY COUNCIL MINUTES April 22, 1997 13. PUBLIC HEARINGS (Continued) MAYOR COONTZ OPENED THE PUBLIC HEARING. Melinda Guinaldo, Executive Director of Assessment and Treatment Services Center, 781 N. Carhart Avenue, Fullerton, expressed disappointment that the Center was not recommended for funding this year and requested Council to reconsider. The Housing Manager commented a letter was received from Orange Unified School District letter on file in the City Clerk's office) indicating that OUSD is not funding the position for the Assessment and Treatment Services Center (ATSC). Harry St. George, 478 S. Wellington, Chair ofthe CDBG Citizens Committee, indicated the committee's focus is to assist people with their housing needs as well as food supplies. Barbara Filippone, on behalf of Community Service Programs, CSPIDrug Court Clinic, 16842 Yon Karman, #425, Irvine, thanked the Council for their support and the Committee for their recommendation for funding the program. An invitation was extended to Council to attend a graduation ceremony this summer. Beverly Nestande, on behalf of Olive Crest, 1800 E. Heim Avenue, thanked Council for their support; commented this month is National Child Prevention Month; and indicated that Olive Crest is looking for volunteers. Rich Pfeiffer, on behalf of Friends Outside, 1603 E. Palmyra, expressed disappointment that Friends Outside has not been recommended to received funding. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the proposed City of Orange 1997/98 Community Development Block Grant CDBG) Program as detailed in the Staff Report, Attachment 1.MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize staff to request and receive $1,443,000 in 1997/98 CDBGfunding from the United States Department of Housing and Urban Development (RUD), and reallocate carryover from prior years in the amount of $509,310 for a total Fiscal Year 1997/98 budget of$1,952,31O.PAGE 22 CITY COUNCIL MINUTES April 22, 1997 13. PUBLIC HEARINGS (Continued) MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize staff to request and receive $414,000 in 1997/98 HOME Investments Partnerships Act (HOME) funding from the United States Department of Housing and Urban Development (HUD) for Fiscal Year 1997/98.MOTION - Mayor Coontz SECOND - Slater A YES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to recommend that the City add a new aspect to the evaluation process for the potential use of CDBG funds for both City and non-profit projects. Any and all City departments provide comments on each ofthe non- profit applicant's funding requests. These comments may be both supportive or negative, based on the department's experience with the success or shortcomings of the programs or projects. These comments would focus on whether the proposed program or project might reduce or enhance our very limited public resources. The comments would be solicited by the CDBG administrator and shared with both the CDBG Review Committee and the City Council. In addition, staff should evaluate all projects the City has funded through CDBG,one year after the first draw of receipt of funds.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None NOTE: THE CITY COUNCIL CONVENED TO CLOSED SESSION AT 7:53 P.M. AND RECONVENED TO A REGULAR SESSION AT 8:10 P.M.16. ADJOURNMENT MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 8: 1 0 p. m. to an Adjourned Regular Meeting, April 29, 1997 at 4:30 p.m. in the Library Conference Room, Design Collaborative.I 1 t.>~ L~/~~-/.'4 JO COONTZ WYOR PAGE 23