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02-22-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 22, 1994 The City Council of the City of Orange, California convened on February 22, 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, Mayor Beyer, Coontz, Murphy ABSENT - None NOTE: Mayor Beyer was absent from the 7:00 P.M. Session.1.3 APPROVAL OF MINUTES Regular Meeting February 8, 1994 MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.Regular Meeting February 15, 1994 MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTA TIONS/ ANNOUNCEMENTSIINTRODUCTIONS Award of Merit for the Gymnasium at EI Camino Real Park - presented to the City by Leason Pomeroy, Architect.1.5 PROCLAMATIONS A proclamation was presented honoring Lorraine and Ervin Remmers, " Meals on Wheels"volunteers.Proclamations were presented from Orange City Council to the Plaza Design Collaborative members, consultants and vendors.A proclamation was prepared for presentation to Dr. Lee Bernard Kinney in appreciation of his contribution to the D.A.R.E. program.PAGE 1 CITY COUNCIL MINUTES February 22, 1994 2. CONSENT CALENDAR 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of February 22, 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. 2.3 Authorize and approve the award of Bid Number 934-16, 1994 Police Sedans, to Downey Ford, Downey, CA, in the amount of $148,522.60 and reject all other bids.A2100.0.Agr. 2193)FISCAL IMPACT: Funds are budgeted in Account 720- 5023-47102 ( Vehicle Replacement Fund).ACTION: Approved.2.4 Request for the installation of a traffic signal at the intersection of Bedford Rd. and MainPlace Dr. (S4000. S.3.3) FISCAL IMPACT: None.ACTION: Moved to forward this request to the City of Santa Ana, via the TSIA-JPA for incorporation into the Bedford Loop Road Study. REMOVED AND HEARD SEPARATELY)2.5 Recommend Council authorize the addition of Accountant I position to the Professional,Technical and Clerical Unit and eliminate one part- time temporary Finance Clerk position.It is further recommended that Council authorize the transfer of appropriation to fund these changes. (C2500.J.l)FISCAL IMPACT: Transfer $11,400.00 from Other Professional and Consulting to Salaries and Benefits.The City Manager explained the Council Blue Ribbon Committee's role is to look at the replacement of existing vacancies. Council requested a review of the accounts, what they mean, what the numbers are, and how much is left in this account after it is drawn down for the new employee.The City Manager recommended the request be placed on the next agenda and be discussed with the CITY COUNCIL MINUTES FEBRUARY 22, 1994 2. CONSENT CALENDAR (Continued) MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to approve the request. As far as the budgeting and financing accounts are concerned, Council may pursue this at a later time.2.6 Request Council approve Cooperative Agreement with Orange County Transportation Authority #94-664, La Veta and Meats overcrossings and Katella ramps.2100.0. Agr.2197)FISCAL IMPACT: City's share of$418,000.00 to be paid from Fund 284, TSIP Area B.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.7 Request Council accept an Easement Deed from Orange County Water District to the City of Orange for road, bike and pedestrian purposes over realigned Prospect Street, north of Bond Avenue. ( D4000.0)FISCAL IMPACT: None.ACTION: Approved. 2.8 Approval of the third amendment to the contract with Interim City Manager William F.Cornett. (A2100. 0.Agr.2148.3)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Item 2.5 was removed and heard separately; all other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None Page 3 CITY COUNCIL MINUTES FEBRUARY 22, 1994 4.REPORTS FROM COUNCILMEMBERS TAPE 571 Councilwoman Coontz attended the League of Cities meeting representing the Mayor and Mayor pro tem who could not attend. The main issue and decision was the retention of Hank Wedaa as a representative from the League of Cities on South Coast Air Quality Management Board. The cities were steadfast in voting Mr. Wedaa down. However, there was unparlimentary activity, and changes in votes on a fourth vote. Mr. Wedaa was voted to serve as a representative for two additional years. The City of Orange had unanimously opposed Mr. Wedaa 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS TAPE 637 6. 1 Approve the Phase II Seismic Retrofit Finance Program for participants in the Unreinforced Masonry Program. (Continued from 1-11-94.) (C2500.G. 4)FISCAL IMPACT: This recommendation has no impact on the budget. Funds in the amount of 1,775,000.00 have been allocated and are available under Account # 928-9818-465802-9153 Rehabilitation Grants - Seismic Loans).The Director of Community Development reported meetings were held with the Chamber of Commerce, Downtown Property Owners Association and all affected property owners. Letters were mailed to all lending institutions within the City. The purpose of the meeting was to make them a part of the program and receive their input. The key to the program is fair and equitable distribution of the $1.775 million dollars among approximately 55 property owners eligible for the project.Included within the Phase I engineering design is a cost estimate for completed work. The total of the cost estimates is approximately a $2.8 million dollar retrofit project. The proposal is to divide the total-$2.8 million dollars by each building's cost to establish the percentage that each building represents. That percentage would be applied to the funds available-$1. 775 million to establish a total dollar amount of support which would be provided to each building. This is designed to equitably make the contribution for each building relate to the need for each building.The property owner may go to any lender of his choice. This proposal will provide approximately two-thirds of the total cost to retrofit the buildings.It was recommended that the ordinance not include mandatory dates. It has been rumored that the State will adopt a three year mandatory date on a State- wide basis. Included within the proposal is a sunset on the availability of the funds. Funds would be available for three years. It is proposed the building owners who participated in Phase I be included in Phase II and eligible for their fair share. However, the Council could renegotiate the time period ifthere is a necessity CITY COUNCIL MINUTES FEBRUARY 22, 1994 6. ADMINISTRATIVE REPORTS (Continued) Long term issues such as facade, implementation, and parking issues are important to the downtown area and a successful format has been established. The following people spoke on the issue: Brent Hunter, Executive Director, Chamber of Commerce, 80 Plaza Square, Orange, spoke in favor of the proposal. Mike Alvarez, 360 S. Glassell, representing 40 property owners, commented they want to schedule a meeting with the Director of Community Development to review the Phase II proposal in detail. The proposal was not made available to the public. A letter in support of the proposal from Steve Smith, dated February 15, 1994 was read. Council discussed the procedural aspects of the plan could be handled administratively and adjustments could then be adapted to problems property owners might have. Mayor pro tem Barrera requested a minute order from the City Attorney on his disqualification from the motions of Phase I due to a conflict of interest. The City Attorney opined the minutes reflected that Mayor pro tem Barrera did abstain on Phase I, in May, 1992. It was made a part of the record that Mayor pro tem Barrera was a Director of Orange National Bank and that building would require some major work in the retrofit program. However, the information is that Orange National Bank is not the owner of the building but is merely a tenant. Mayor pro tem Barrera was thinking of the appearance of conflict at that time, not knowing whether Phase II was going to come along quickly. Orange National Bank is not a recipient of any grant, therefore there would not be a conflict under the FPPC. If Mayor pro tem Barrera would wish to avoid the appearance of conflict, he may wish to abstain. However, it is not a conflict. Orange National Bank was mentioned as a possible lender. It is my understanding that would be to the property owners and they would select the lender of their choice. The City does not have anything to do with a selection of any lenders to this program. Based on the FPPC rules it is not necessary for Mayor pro tern Barrera to abstain, however Mayor pro tem Barrera could always abstain on any other grounds. Mayor Beyer indicated Steve Smith owned the building. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the policy relating to the Phase II Seismic Retrofit Program as addressed in the staff report. PageS CITY COUNCIL MINUTES FEBRUARY 22,1994 6. ADMINISTRATIVE REPORTS (Continued) MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the policy relating to the payment for work completed in the support of the retrofit program as outlined in the staff report.MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the Community Development Department continue discussions with the downtown property owners regarding the procedures in conjunction with anyone the City Manager directs.Procedures to be presented to Council March 22, 1994.MOTION SECOND AYES Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the City Attorney return to Council on March 22, 1994 with resolutions to cover all previous items.MOTION SECOND AYES Coontz Mayor Beyer Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to direct the committee composition to address long term issues such as facade and enhancement of parking needs be an issue that the committee composed of Mayor Beyer and Councilwoman Coontz address with recommendations back to Council.TAPE 1887 6.2 Presentation of Plaza Facade llInstrations to the City Council by the Plaza Design ColIaborative. (C2500.G.4)FISCAL IMPACT: None.The Historic Planner presented the following recommendations:I. Gratefully receive the 20 exhibits and acknowledge the many hundreds of hours of donated time by the professional members of the Plaza Design Collaborative in their efforts to provide historically referenced building elevations for the Plaza.2. Acknowledge the services and financial assistance of the following companies: Sherwin Williams for color research; OCB Reprographics for black and white reproductions; and Olson Photo Associates for color photography.Page 6 CITY COUNCIL MINUTES FEBRUARY 22, 1994 6. ADMINISTRATIVE REPORTS (Continued) 3. Grants final approval to the architectural concepts and color palette presented and reviewed by the Design Review Board on October 6, 1993. 4. Authorize the Plaza Design Collaborative, the City and/or its Redevelopment Agency to enter this exhibit into local, regional, state and national design competitions to promote business and tourism in Orange. 5. Authorize the reallocation of surplus photography funds remaining from Plaza Design Collaborative to be used to pay for design competition entrance fees and expenses. MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the recommendations recognizing the professionals as listed above. Mayor Beyer to send a letter of acknowledgment to everyone concerned.7.REPORTS FROM CITY MANAGER TAPE 1972 7.1 Report on Business and Rental Tax. (Tll00.0.4)The CityManager reported this item resulted from an appeal to the Business License Ordinance.The individual involved owned the building, paid a business license because he rented the building to his own business which was operated from the building. The individual felt he was paying twice and there was a question of equity involved. Discussions were held with the Chamber of Commerce.It is recommended the duplicity on business licenses be amended from the ordinance. The financial impact would be rather negligible, since there are only a few owners in this situation.Also, Council directed the research of the enforcement of the provision that charges a business license tax to those who rent their industrial or commercial buildings. The non-enforcement began shortly after the provision was adapted into the ordinance, 1958, and never restarted until October, 1993. The Revenue Manager reported Orange is the only City that is not enforcing this tax. It was felt,since it was on the books and other cities were collecting, it is a business that is being conducted,it is a fair tax. The revenue produced will be approximately $70,000 per year and will go to support services for the public.Brent Hunter, Executive Director of the Chamber of Commerce, 80 Plaza Square, voiced support of people in business paying a business license. However there are many people who are in the business of property ownership that manage their own properties and pay a business license to be in business, and their tenants are also required to have a business license. Now there is a third Page 7 CITY COUNCIL MINUTES FEBRUARY 22, 1994 7. REPORTS FROM THE CITY MANAGER (Continued) license for a specific piece of property. It was recommended the business license for property management be removed where there are three business licenses required for a single piece of property. Council discussed support of removing the double jeopardy, but the issue should be reviewed during the budget process since the tax has not been enforced for such a long period of time. It was requested that all minutes on this subject be provided to Council when the item is discussed during budget meetings. MOTION SECOND AYES Murphy Mayor Beyer Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to amend Section 5.10.080 to exempt license fee on real property where rental involves the same individual that operates the business therein. Agendize the fee structure analysis in this area for the rest of that section for a future date. It should be a date certain in conjunction with the budgetary process, introduced as a part of the study session process prior to budget hearings.TAPE 2436 7.2 Report on proposed budget ordinance. (C2500.J.1.1)The City Manager discovered there were no ordinances that covered the City budget. Normally,the ordinance would provide the direction at which the budget is to be prepared and submitted.From that point on administrative efforts can make refinements in terms of instructions and expectations, as well as the method the budget is put together.Account identification and the computer system will be administered by the City Manager.MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to honor the request of the City Manager, direct the City Attorney to prepare an ordinance for Council adoption. 8.LEGAL AFFAIRS TAPE 2557 8.1 RESOLUTION NO. 8304 A Resolution of the City Council of the City of Orange giving notice of the intent to vacate and abandon a portion of the Prospect Street right-of-way easement adjoining Bond Avenue and running approximately 550 feet north. (S4000.S.4)Page8 CITY COUNCIL MINUTES FEBRUARY 22, 1994 8. LEGAL AFFAffiS (Continued) MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8304 as introduced be adopted and same was passed and adopted by the preceding vote. 8.2 RESOLUTION NO. 8310 A Resolution of the City Council of the City of Orange supporting the joining of Orange County Regional Airport Authority. (Continued from 2-15-94.) (ORI800.0.3.11) MOTION - Barrera SECOND - Spurgeon Discussion: The City Manager attended the second meeting. Urban Land Institute representatives gave a presentation on planning aspects they have accomplished for other cities.The Board of Directors recommended an effort be made to encourage the County to use the Urban Land Institute to resolve the various differences throughout the County regarding the future ofEI Toro.The City Manager recommended the City join the authority as a good sounding board. There are no dues involved at this time. The City Manager is aware that Supervisor Steiner is concerned about the City's participation and yet there will not be another opportunity for the cities to speak for themselves. There are seven cities including the City of Anaheim that are participants.Council discussed the following points: The City has to take care of its own destiny and by participating it is part of a watch dog process. The biggest concern is that it is called an airport authority and the name indicates the City is supporting an airport. As long as it is named that way the City has no objectivity. It was mentioned that the name could be changed. Additional information is needed regarding the naming of the group, their direction and mission statement,who they are, and the Urban Land Institute.Bob Bennyhoff, 10642 Morada Dr., asked what was the Urban Land Institute?The Director of Community Development indicated they are a national organization of professional planners, architects and land use related individuals. They have prestigious individuals that present an unbiased opinion of how to best use certain areas.THE PREVIOUS MOTION AND SECOND WAS WITHDRAWN.MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 9 CITY COUNCIL MINUTES FEBRUARY 22,1994 8. LEGAL AFFAffiS (Continued) Moved to continue this item for a report from the new City Manager including the name issue, who the group entails, the Urban Land Institute and their efforts in this organization, benefits of participating, question of funding, recognition by the FEDS, and an overall summary of actions to date. The New City Manager is directed to attend the meetings to collect information for the report. 8.3 RESOLUTION NO. 8313 A Resolution of the City Council of the City of Orange amending Resolution No. 7623 to reflect the agreement between the City of Orange and the Water Department Employees Association WDEA) concerning medical contribution rates effective January 1, 1994 through June 25, 1994. C2500.J.4.4.I) MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8313 as introduced be adopted and same was passed and adopted by the preceding vote.8. 4 RESOLUTION NO. 8314 A Resolution of the City Council of the City of Orange amending the Professional, Technical and Clerical Resolution No. 7614 to add the classification of Accountant I, salary range 396 ($2570-3296), and re- title the classification of Accountant to Accountant II, salary range 426 ($2985-3828) effective February 22, 1994. (C2500.1.4.5)MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8314 as introduced be adopted and same was passed and adopted by the preceding vote.8.5. RESOLUTION NO. 8315 A Resolution of the City Council of the City of Orange expressing sincere appreciation to William F. Cornett, Jr. (C2500. E)MOTION SECOND AYES Mayor Beyer Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Page 10 CITY COUNCIL MINUTES FEBRUARY 22, 1994 8. LEGAL AFFAffiS (Continued) That Resolution No. 8315 as introduced be adopted and same was passed and adopted by the preceding vote. The City Council thanked Mr. Cornett for his service and providing a firm foundation while serving as interim City Manager. 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Bob Drasner, 16611 Townhouse Dr., Tustin, announced, "Canyon Cruise For Kids," March 20, 1994 at Irvine Regional Park to assist abused and neglected children. Mr. Drasner requested a proclamation. 11. RECESS MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 5:05 P.M. to a Closed Session for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit:City of Orange vs. Moreland & Associates, Orange County Superior Court Case No. 70-13-96.Item b was deleted.c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.Item d was deleted.e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.Item fwas deleted.g. 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.Page 11 CITY COUNCIL MINUTES FEBRUARY 22,1994 7:00 P.M. SESSION 12. INVOCATION Interim City Manager, William Cornett, Jr. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG Celebration U. S.A." Students of O.u. S.D. led by Paula Burton and Liz Christensen: Carni Christensen, Mari Jeppson, Aaron and Adam Hill, Jennifer Sharp, Christi Smith and Vannghi Vo. 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS Proclamation was presented to Cathy Ruben, Red Cross Month - March, 1994.12.5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 4209 13.1 APPEAL NO. 419, CONDITIONAL USE PERMIT 2038-93, ZONE CHANGE 1167-93, R F. HERRERA: (A4000.0)Time set for a public hearing on petition by R. F. Herrera to appeal the decision by the Planning Commission on December 1, 1993 denying Zone Change 1167-93 to allow a change from R-I-I0 Single Family Residential, minimum lot size 10,000 sq. ft.) to R-3 (Multiple Family Residential),and Conditional Use Permit 2038-93 to convert the existing house from a residential to a commercial use and allow a child care center in the R-3 zone. Subject property is located at 2475 Santiago Boulevard.NOTE: Negative Declaration 1443-93 has been prepared to address the potential environmental effects of this project.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:The issues are very complex and we feel the application merits further discussion. We feel daycare is a growing need for our community and we feel this project will fill this need. "The City Clerk announced Mr. Herrera had called in the afternoon to indicate he would be unable to attend the hearing. The Director of Community Development commented that Mr. Herrera had called their office and indicated he was withdrawing CITY COUNCIL MINUTES FEBRUARY 22,1994 13. PUBLIC HEARINGS (Continued) It was recommended by the City Clerk to continue the appeal to a date not certain. Mr. Herrera is to submit in writing to the City Clerk the withdrawal request. If Mr. Herrera changes his mind, the appeal will be rescheduled and he will pay all renotification costs. The following people indicated they want to be notified of the public hearing: Tim Winningham, 2585 N. Orange Hill Rd. Ed Howard, 2459 Santiago Camille Freeman, 2320 E. Orangeview Lane The City Clerk was given a list of all neighbors that are interested in receiving public hearing notices if the hearing is rescheduled. MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to accept the City Clerk's recommendation to continue the item to no date certain.Appellant to pay for all renotification costs.TAPE 4452 S4000. S.3. 4)13.2 INCREASE OF POSTED SPEED LIMITS, CITY OF ORANGE:Time set for a public hearing to consider increasing posted speed limits on the following streets in conformance with the procedures identified in the State of California Vehicle Code and as mandated by the Orange County Municipal Court:Almond Ave.lAnaheim Blvd.lBataviaSt./Cambridge St./CanalSt./CanyonView Ave.lChapman Ave.lCollinsAve./ EckhoffSt./Esplanade St.IFairhaven Ave.IFletcher Ave.lGlassell St./HandySt./Hewes St./ Jamboree Rd./LaVetaAve./Lincoln Ave./Main St./Meats Ave./Metropolitan Dr./Nohl Ranch Rd.lOrange-Olive Rd./Palm Ave./Palmyra Ave./Parker St.lRiverdale Ave.lSanta AnaCyn Rd.lSantiago Blvd.lSantiago Cyn. Rd.lShaffer St./Taft Ave./Tustin St./Walnut Ave.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.Police Lieutenant Tunstall reported a recent appellate court decision has invalidated approximately 60 percent of the speed limits in the City. The court ruled that speed limits must be posted within five miles per hour of the 85th percentile of those speeds traveled on the streets.Because of this ruling the City can no longer perform radar enforcement on the streets. Excessive speed is the number one cause of accidents in the City and radar enforcement is the most effective means of conducting enforcement.To comply with the requirements of this ruling the City must establish new speed limits on many streets. Speed surveys must be performed to determine the speeds traveled. The 85th percentile is then calculated, and set the speed limit within five miles per hour of the calculated figure. In Page 13 CITY COUNCIL MINUTES FEBRUARY 22, 1994 13. PUBLIC HEARINGS (Continued) most cases speed limits in Orange will increase from five to ten miles per hour. The law does not apply to small two lane residential streets. These streets are governed by California's Prima Facia speed limit which sets speed limits in residential areas at 25 miles per hour. There are exceptions to the law that allow lower speed postings on streets that have dangerous characteristics or unusual design. The Traffic Engineer reviewed the 85th percentile rule. The following recommendations were presented by staff: 1) The posted speed limits as contained in the Speed Zone Survey packet be adopted. 2) Exception of certain residential streets utilizing the Prima Facia speed limit of25 MPH to control speed. 3) Traffic Commission recommended these changes be publicized through the media to ensure citizens are made aware of the speed limit changes. The Traffic Engineer indicated a letter was received from Terri Sargeant, 137 N. Cobblestone Dr., expressing concern that the speed limit not be raised higher than 40 MPH on Canyon View Avenue. Canyon View has extreme grades and will be posted for 40 MPH. Santiago from Meats to Nohl Ranch Road was discussed. It was reported the mandate will cost $50,000 to complete posted speed limit changes, the study and street legends. This will take approximate four to six months. The following people spoke in opposition: James Roberts, 1752 N. Morningside, expressed concern if speed limits will be raised on Santiago from Taft towards Nohl Ranch Road, due to all the stop signs, schools and traffic lights. Bob Bennyhoff, 10642 Morada Dr., asked how the 85th percentile was conducted? The Traffic Engineer reported the speed limit surveys were conducted in those time periods which represent the average traffic condition. Genevieve Kerner, 2295 Robinhood PI., complained about the dangerous curves on Santiago Boulevard. Gene Somers, 1539 E. Candlewood Ave., increases in speed will increase the accident rate. Bob Rier, 2317 Robinhood PI., asked why do we need radar, can't the Police patrol the streets and give citations? Lieutenant Tunstall commented radar is the only accurate method to determine speed. John Volkoff, 365 N. Cleveland, asked if speed bumps could be installed to slow down the speed. The Traffic Engineer indicated speed humps are being reviewed for installation in the near future. Betty Roberts, 1752 N. Morningside, expressed concern about increasing speed limits and its connection with crime. Page 14 CITY COUNCIL MINUTES FEBRUARY 22,1994 13. PUBLIC HEARING (Continued) The Traffic Engineer explained according to a speed limit survey the 85th percentile speed on the southerly reach of Santiago Boulevard (Santiago south of Meats) was 41 MPH, the posted speed limit is 35 MPH and it is recommended the 35 MPH be retained for that segment. On Santiago north of Meats, where the horizontal curve is, the 85th percentile was 46 MPH and is currently posted at 35 MPH, the recommendation was 40 MPH. Council can make a finding that an extenuating circumstance would be the horizontal curve on Santiago southerly ofFeatherhiU between Villa Real and FeatherhiU and make it a 35 MPH posting. THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING. The City Attorney advised proposed Ordinance No. 5-94 is in draft form and will be agendized at the March 8, 1994 Council meeting for first reading, with the deletion of Santiago Boulevard from Meats to the north city limits.MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Moved to approve the changes of the posted speed limits contained in the Speed Zone Summary and posted Speed Limits Document as mandated by the Judicial Order, deleting Santiago Boulevard from Meats to the north city limits for further studies.MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to delete the residential streets from the ordinance and enforce the 25 MPH Prima Facia rule as outlined in the Staff Report for the foUowing streets: Almond Ave. from Main to Lincoln St./ Bixby Ave. from Magnoliato Tustin St./Cambridge from Palmyra Aveto KateUalEckhoff from Chapman to Sycamore/ Handy from Walnut to Katella/ Palmyra from Yorba to Esplanade/Shaffer from La Veta to Orange-Olive Rd.MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to instruct staff to return to Council with a public information campaign package for Council's review, including any costs involved. Page 15 CITY COUNCIL MINUTES FEBRUARY 22, 1994 13. PUBLIC HEARING (Continued) MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to instruct staff to return with a review of representative street segments relative to adherence to the new posted speed limits, as relates to the 85th percentile speed. Review to return to Council within six months to a year within posting.14.PLANNING AND ENVIRONMENT TAPE 237 (2nd)14.1 a. Request Council take action to amend all categories of monthly Sanitation and Sewer System charges set forth in Chapter 13.60 of the Orange Municipal Code. Also, to provide public testimony as provided for in Section 66016 of the California Government Code.Continued from 2-15- 94.) (C2500.M.3)FISCAL IMPACT: Increase in revenue to offset operating expenses for Material Recovery Facility and provide funds for a parkway tree maintenance program city-wide. (Fund 220-Sanitation.) b. Request Council approve Material Recovery Facility (M.RF.) Agreement with Orange Disposal Service, Inc. et al. to provide solid waste transfer and processing services in compliance with the Integrated Waste Management Act of 1989 and to complete the provisions of the Memorandum Of Understanding with Orange Disposal.RESOLUTION NO. 8300 A Resolution of the City Council ofthe City of Orange amending Section 13.60.020 and Section 13.60.030 and Section 13.60.040 of the Orange Municipal Code changing certain Sanitation and Service charges by Contractor.The Recycling Coordinator gave an overview of the State Mandate-Integrated Waste Management Act of 1989-AB939. The Source Reduction and Recycling Element Document SRRE) was reviewed.The Street Division Manager reported in April 1993. Council approved a Memorandum of Understanding with Orange Disposal Service to develop the Material Recovery Facility required by the City in order to meet the State mandated reductions. The MOU charted the method of repayment to the lending institution of the Material Recovery Facility construction loan. The document also addressed the necessary increases to the sanitation billing in order to implement the operation of the MRF. These costs, covering the processing of the waste stream are to be added to the billing in early 1994. The MOU, if approved, will allow the contractor to operate the MRF assuring the City of achieving the 25/50% diversion in compliance with the State mandate.Page CITY COUNCIL MINUTES FEBRUARY 22,1994 14. PLANNING AND ENVIRONMENT (Continued) If the January 1, 1995 mandate is not met, the City will be assessed a fine of$10,000 per day. In July, 1993, Council approved the surcharge of$2.25 per month per unit to be billed beginning September, 1993. It was explained a unit is a dwelling or place of occupation. This payment, collected by the City, will be made directly to the lending institution to offset the construction costs of the MRF. It was suggested Street Trees be a separate issue. THE FOLLOWING PEOPLE SPOKE IN OPPOSITION TO THE TRASH INCREASE: T.1. Clark, 811 E. Chapman Corinne Schreck, 446 N. James Ted Williams, 233 W. Palm Alice Clark, 205 N. Pine Marvin Sobel, 4111 N. Meadowbrook Gene Somers, 1539 E. Candlewood John Volkoff, 365 N. Cleveland Betty Roberts, 1752 Morningside Carole Walters, 534 N. Shaffer, President of the Orange Taxpayers Association Bob Bennyhoff, 10642 Morada Drive, asked for an explanation of the Material Recovery Facility which was provided by the Street Division Manager. It was also explained that the City is still in the curbside recycling program. After two years the City will look to an automated system and eliminate the curbside pickup. Wil Chambers, 242 S. Olive asked if the Material Recovery Facility is for the City of Orange only? The Street Division Manager reported their quest is to get other communities to use the facility to reduce the costs. The Director of Public Works reported the Sanitation Fund is spending beyond its revenues, and will run out of reserves at this rate. The purpose of the reserves are to ensure continuation of the trash operation in the event of a strike or some other problem. If moneys are not collected, the Material Recovery Station cannot be operated or the General Fund may have to backstop the Sanitation Fund if the reserves are gone. Council requested the following concerns be addressed by staff: Where the program is going in the future? What type of program the City is moving into? Variable can rate information - when will it go into effect?Assessment of the program as it is now and the way it will be based on saving the city and taxpayer' s money.Overall financial picture to review.Page 17 CITY COUNCIL MINUTES FEBRUARY 22,1994 14. PLANNING AND ENVmONMENT (Continued) Concise history beyond the staff report discussing the analysis completed on the bidding procedures and amounts as they progressed from 1989 through 1992. Forward projection on cash flow, expectations of outside fees and what can be expected based on the 25% rate. Where does this leave the City regarding the capacity of the facility and how much opportunity to go outside for recyclable? Equability analysis on water billing for apartments and a per trash barrel charge. How cost efficient can the City be in administering the program? Review of the billing system - can it be contracted out?MOTION SECOND AYES ABSENT Spurgeon Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to continue this item to March 15, 1994, first item at the 7:00 P.M. Session.-STREET TREES The Director of Public Works reported at the July 27, 1993 Council meeting the Department of Public Works and the Department of Community Services requested the transfer of the Street Tree activity and Storm Drain Weed Abatement Program to the Department of Public Works.Staff proposed that these activities be paid through the Sanitation Fund. The proposed savings to the General Fund is $375,100. Council was advised by staff that funding for the initial year could be covered by unappropriated Sanitation funds, but if the program was to be continued beyond the 1993/94 fiscal year an increase in the sanitation rate of 83 cents would be necessary. This would generate approximately $400,000 per year and would not have to come into effect until July 1, 1994.THE FOLLOWING PEOPLE SPOKE IN OPPOSITION TO THE ADDITIONAL FEE FOR THE PARKWAY TREE MAINTENANCE PROGRAM:Ruth Crowl, 1229 Lomita Betty Roberts, 1752 Morningside Carole Walters, 534 N. Shaffer Corinne Schreck, 446 N. James Marvin Soble, 441 N. Meadowbrook St. Letter from Willard D. Inman, 343 N. Poplar Mrs. Walters asked if there is no parkway tree in front of a resident's home do they have to pay the fee?The City Attorney opined this service is provided to benefit the community, and the question of paying a fee when there is no parkway tree has been litigated before the Supreme Court and upheld in favor of the City. Page 18 CITY COUNCIL MINUTES FEBRUARY 22, 1994 14. PLANNING AND ENVIRONMENT (Continued) MOTION SECOND AYES ABSENT Coontz Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to continue this issue, the question of the cost of the program as a budgetary decision to be discussed at the time the budget is reviewed, looking forward to another means of paying for the program other than a fee.15. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, commented the City Treasurer has been sick for some time and if he is not returning to work, how will this situation be handled? There are now two elected officials, the Mayor and City Treasurer that are absent frequently from their duties due to illness.The City Manager indicated Council is aware of the City Treasurer illness problem and is looking for the best procedure to deal with the problem.Mrs. Walters further commented that City Hall should have the roof replaced instead of spending money on the remodel. Corinne Schreck, 446 N. James, asked questions regarding the Sanitation Memorandum of Understanding. The Street Division Manager answered them.Ruth Crowl, 1229 Lomita, commented on the six million dollar costs for the Material Recovery Facility.Betty Roberts, 1752 Morningside, suggested other ways to raise revenues.Marvin Soble, 4111 N. Meadowbrook, thanked Council for the sidewalk adjacent to the Council Chambers.Page 19 CITY COUNCIL MINUTES 16. ADJOURNMENT MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer FEBRUARY 22,1994 Moved to adjourn at 11:15 P.M. to ajoint Adjourned Regular Meeting with the Planning Commission on Tuesday, March 1, 1994 at 4:00 P.M. in Conference Room C to discuss the Orange County Urban Rail Program and the new provisions of the Brown Act.CITY CLERK BY: GENE BEYER GENE BEYER MAYOR FREDL L. BARRERA MAYOR PRO TEM Page 20