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06-21-1994 Council MinutesAPPROVED BY THE CITY COUNCIL MINUTES OF A REGULAR MEETING CITY COUNCIL ON JULY 12, 1994 ORANGE, CALIFORNIA JUNE 21, 1994 The City Council of the City of Orange, California convened on June 21, 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 - Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon, Barrera NOTE: Mayor pro tern Barrera arrived at 3 :05 p.m. and Councilman Spurgeon arrived at 3:03 p.m.1.3 APPROVAL OF MINUTES Adjourned Regular Meeting June 7, 1994.MOTION - Murphy SECOND - Coontz AYES - Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon, Barrera ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS FireChief Edward D. Rowlett was presented with Resolution No. 8342, commending him for more than 29 years ofloyal and dedicated service.The Recreation Superintendent presented awards to recipients of the Dash for Dare track meet recently held at Fred Kelly Stadium. (C2500.N)1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR TAPE 374 2. 1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of June 21, 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.PAGE 1 CITY COUNCIL MINUTES JUNE 21, 1994 2. CONSENT CALENDAR (Continued) 2.2 Request Council award a contract in the amount of $183,175.00 to Merit Civil Engineering, Inc., to prepare alignment studies, right-of-way documents, contract specifications and cost estimates for the improvements on Chapman Avenue from Route 57 Freeway to Main Street. (AZI00.0. Agr.2235)FISCAL IMPACT: $183,175.00 is budgeted in the La Veta/Main/Chapman Fund for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf ofCity.2.3 Request Council award a contract in the amount of $230,605.00 to Joseph C. Truxawand Associates, Inc., to prepare alignment studies, right- of-way documents, construction plans, contract specifications and cost estimates for the improvements on Main Street from La Veta Avenue to Maple Avenue, and alignment feasibility only on Main Street from Maple Avenue to Primrose Drive. ( AZIOO.0.Agr.2236)FISCAL IMPACT: $230,605.00 is budgetedin the La Veta/Main/ Chapman Fund for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.2.4 Request Council to award a contract in the amount of $243,085. 00 to P & D Technologies to prepare alignment studies, right-of-way documents, contract specifications, and cost estimates for the improvements on La Veta Avenue from Flower Street to Glassell Street. (AZIOO.0.Agr.2237)FISCAL IMP ACT: $243,085.00is budgeted in the La Veta/ Main/Chapman Fund for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.2.5 Request Council award a contract in the amount of $84, 403.00 (base bid) and an additional 70 feet of sewer repair at contract unit prices of $5, 300.00 for a total of 89,703.00 to John T. Malloy, Inc. for the Lemon Street Sewer - Chapman to Palm and Kelly to Palmyra. Bid No. 934- 24; S-185. (AZIOO.0.Agr.2238)FISCAL IMPACT: $89,703.00 is budgeted in Community Development Block Grant funds for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.2.6 Request Council award a contract in the amount of $ 123,147.89 to RJ. Noble Company for Primrose Drive, Emerald Drive, and Halyard Lane street reconstruction. Bid No. 934-25; S.P. CITY COUNCIL MINUTES JUNE 21, 1994 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: $123,147.89 is budgeted in Community Development Block Grant funds for this project. ACTION: Authorized the Mayor and City Clerk to execute on behalf of City. 2.7 Request Council award a contract in the amount of $105,659.60 to R.J. Noble Company for Olive Street, Clark Street and Berkeley Street reconstruction. Bid No. 934-26; S. P.3091. (AZI00.0.Agr. 2240)FISCAL IMPACT: $105,659.60 is budgeted in Community Development Block Grant funds for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.2.8 Request approval of Amendment No.1 to the street tree trimming contract with West Coast Arborists, Inc. (AZI00.0.Agr.2082. 1)FISCAL IMP ACT: Sufficient funds have been budgeted in fiscal year 1994-95 for this item.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.9 Request Council authorize receipt of a $20,000.00 grant from the California State Library Federal Library Service and Construction Act Funds) and allocate to Fund 200-2001-443101-9924 to purchase reference andinformation resource materials. (C2500.I)FISCAL IMPACT: This grant award of $20,000.00 will supplement the library's budget.No matching funds from the City arerequired.ACTION: Approved.2.10 Request Council approve agreement for legal services with the law firm of Ferguson,Praet & Sherman to represent the City of Orange on an as- needed basis for personal injury cases. (AZI00.0.Agr.2241)FISCAL IMP ACT: Funds for payment of outside legal services are budgeted in Account No. 100-0301-426100.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2. 11 CLAIM FOR DAMAGES FROM: ( C3200.0)Peter Kay.FISCAL IMPACT: None.ACTION: Denied claim and referred CITY COUNCIL MINUTES JUNE 21, 1994 2. CONSENT CALENDAR (Continued) 2.12 Request Council authorize request for formal bids for the construction of Shaffer and Hart Park rest rooms. (C2500.M.4) FISCAL IMPACT: Sufficient funds are available in Accounts 320-7021- 781200-003 5 Hart Park Rest Room) $148,076.92; 320- 7021-781200-0123 ( Shaffer Rest Room)142,473.08. ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.13 Request Council approve lease agreement between City and Major League Softball, Inc.for lease of office space above the pool at Hart Park. (AZI00.0.Agr.2242)The Recreation Superintendent reported the lease price was determined to be seventy cents per square foot which was based on a survey of office space in Orange County.Councilwoman Coontz asked if this was consistent with all the City's pursuits to lease facilities. The Recreation Superintendent indicated it was, but would make sure.FISCAL IMP ACT: Revenue in the amount of $3,780 annually will be generated, to be placed in the general fund. MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.14 Request Council approve the State of California Used Oil Opportunity Grant Program and associated transactions. (C2500. M.l.1) FISCAL IMPACT: None.ACTION: Approved.2.15 Request Council authorize the transfer of North Net Fire Communications funds totaling 100,000.00 to cover shortage of funds that will result from the payoff and/ or transfer of accrued leave time for dispatch personnel to the City of Anaheim from the City of Orange.C2500.H)FISCAL IMP ACT: There are sufficient funds in identified accounts to adequately fund this request. (Specific accounts are identified in Staff Report.)ACTION: CITY COUNCIL MINUTES JUNE 21, 1994 2. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Item 2.13 was removed and heard separately; all items on the Consent Calendar were approved/denied as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER 3.1 Appointment of Ted Williams to the Official City Old Towne Steering Committee,term to expire June 21, 1996. (Continued from June 14, 1994.) (ORI800.0.16)Carole Walters, 534 N. Shaffer, commented Dr. Williams could not be present because his sister was in the hospital.MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Approved.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.ADMINISTRATIVE REPORTS TAPE 460 6.1 Request from Orange County Farm Bureau for the operation of a certified farmers market in the 100 block of North Orange Street for a 60-day trial period subject to specified conditions. (C2500.G)The City Manager commented concern has been raised over the past few days regarding the use and impact the operation ofthe farmer' s market will have on the community in that area. It was suggested this item be continued to July 12, 1994 in order to hold meetings with the property owners to resolve any problems.Brent Hunter, Executive Director of the Chamber of Commerce, was in favor of the concept, but expressed concern with the location. There will be parking problems. It was suggested alternative sites be discussed such as using the areas in the Plaza in front of the Chamber office. It was further suggested the item be brought back to Council next week and not delay it any further.The farmer's market is a seasonal operation and should get started as soon as possible.Page 5 CITY COUNCIL MINUTES JUNE 21, 1994 6. ADMINISTRATIVE REPORTS (Continued) Councilwoman Coontz suggested the Sante Fe Depot as a possible site. There is adjoining parking and it is close walking distance to the downtown business area and away from churches holding service on Sunday morning. Council discussion ensued relative to the lack of communication regarding this issue. Additional information is needed relating to how many stalls, will it increase if successful and how to measure the activity. Also other cities should be contacted that have this operation. Staff should investigate this situation if other farmer's markets are held on Sunday. The following people spoke in opposition due to impacts on parking and noise. Carole Walters, 534 N. Shaffer, commented there was a communication breakdown. Two City staff members sit on the Downtown Task Force meetings and knew about the farmer's market but did not communicate with anyone. The farmer's market concept is a good idea for the City. Dr. J. Stewart Kreiss, Pastor, First United Methodist Church, not opposed to the concept but opposed to having it on Sunday mornings. Mary Jo Harper, Assistant Minister, First United Methodist Church Bill Teachout, 2243 Foothill Blvd., Santa Ana, President of the Board of Trustees of the First Presbyterian Church of Orange Nancy Maglioto, representing Son Light Christian Center, 172 N. Glassell Speaking in favor: Scott Parker, 158 Monterey Rd., commented this is a small operation. It is not a street fair and there will be no music. The City of Tustin and Costa Mesa have a farmer's market that does not cause a lot of commotion. They always clean up after themselves so there are no problems with litter. Mary Lou Larenzini, 2058 Valley Rd., Costa Mesa, explained the farmer's market is a group of farmers that grow their own produce and is operated by the Agriculture and Health Departments. It is certified. The average size is 25 farmers. It was suggested that the churches visit the City of San Clemente where there is a farmer's market in operation on Sundays between the hours of 10:00 a.m. through 2:00 p.m. held directly in front of a church located on Del Mar Avenue. This operation is very popular. Ms. Larenzini commented that Saturday is the most popular day, and Sunday is the second most popular day. The farmers have their schedules and the only day left for the City of Orange is Sunday. Carole Walters, 534 N. Shaffer, commented the farmer's market operation in San Clemente is located in front of one church. The location for the City of Orange's farmer's market has many churches surrounding the location. Page 6 CITY COUNCIL MINUTES JUNE 21, 1994 6. ADMINISTRATIVE REPORTS (Continued) MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to continue this item to July 12, 1994. The City Manager was instructed to contact the various organizations that have commented positively or negatively to discuss the issue with City staff involved. 7. REPORTS FROM CITY MANAGER The City Manager commented, on the previous farmer's market item, there are times when it is assumed that someone has looked into this and discussions have been held. In terms of the process, we will do a better job of checking off so that assumptions which we think have been made are in fact valid. We will try to do a much better job of getting everyone involved. Staff will get the pros and cons of the situation in the Cities of Costa Mesa and Tustin.8.LEGAL AFFAIRS 1503 8.1 ORDINANCE NO. 13-94 An Ordinance of the City Council of the City of Orange amending portions of Chapter 12.52 of the Orange Municipal Code relating to street dedications. (A2500.0)MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 13-94 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 Carole Walters, 534 N. Shaffer, requested for the next year's budget, instead oflayoffs, could the City look into giving an employee a two-year incentive retirement. This would save the City money. Mayor Beyer remarked the City Manager was looking at all options.Page 7 CITY COUNCIL MINUTES JUNE 21,1994 11. RECESS MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 4:00 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a), to wit:City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685.National Advertising vs. City of Orange, United States District Court Case No. CV 85-4968 Tlli(Kx). The City Attorney announced the following item is to be deleted from the Closed Session:City of Orange vs. United Pacific Insurance, Orange County Superior Court Case No.724236.City of Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 97 18.The City Attorney announced Item band c were deleted from Closed Session.b. Conference with Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956. 9(c) (one potential case).Significant exposure to litigation pursuant to Government Code Section 54956.9(b ) (one potential case).c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.City Negotiator: Orv Placial, Personnel Director.Employee Organizations: Water; Fire Management; Supervisory and Mid-Management.d. Conference with Real Property Negotiator. (Government Code Section 54956.8)Property: 472 - 490 S. Main St.Negotiating Party: James Daum Under Negotiation: Price and terms of payment.e. 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 8 CITY COUNCIL MINUTES JUNE 21, 1994 7:00 P.M. SESSION 12. INVOCATION Rt. Reverend Monsignor John F. Sammons 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS Mayor pro tern Barrera announced Miss Orange, Angela Gallagher finished in the top ten finalists at the recent Miss California competition held in Fresno. 12.3 INTRODUCTIONS - None 12. 4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 1749 13.1 GENERAL PLAN AMENDMENT 1-94, ZONE CHANGE 1169-94, EUGENE I.SALTZER, M.D.:Time set for a public hearing on petition by Eugene 1 Saltzer, M.D. to consider a proposed General Plan Amendment 1-94 from LDR (Low Density Residential) to G-C ( General Commercial), and Zone Change 1169-94 to allow commercial use and development, changing the zone classification from R-I-6 (Single Family Residential) District, with a 6, 000 sq. ft. minimum lot size) to C-l (Limited Business) District. Subject property is located at 236 and 250 S. Tustin Street, 2 parcels on the northwest corner at Washington Avenue. (C2300.E)NOTE: Negative Declaration 1453-94 has been prepared to evaluate the environmental impacts of this project. MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported the two subject parcels are occupied by two single family residences. Surrounding the two properties to the north and south are office professionally zoned properties that include residential structures which have been rezoned and converted to office uses over the past several years. To the west is a single family residential subdivision, zoned R-I-6. Across Tustin Street to the east, is a commerciaVretail center zoned C-1.The Planning Commission reviewed the adjacent R-l and O-P zone designations. They considered the wider range of uses allowed in the C-l zone as opposed to the O-P zone. Also considered was the CITY COUNCIL MINUTES JUNE 21, 1994 13. PUBLIC HEARINGS (Continued) homes. The Planning Commission recommended, in the best interests of the residential neighbors, the O-P zone was in their best interests and consistent with the development plans expressed by the applicant.Jim Williams, 2726 E. Washington St., Orange, representing the applicant, commented Dr. and Mrs. Saltzer would like to own their own building. The reason for the commercial zoning request is that something could happen to Dr. Saltzer and he would have to leave. This would allow Dr.Saltzer the option to lease the building for commercial use. It will be a professional building, but rented out for commercial. 90% ofthe property in the area is commercial on Tustin Street.The following people spoke in opposition to noise pollution from the C-l establishments on Tustin Street, increased traffic the project will generate, and parking problems:Chris Christenson, 163 S. Shattuck PI.Rhoda Neal, 187 S. Shattuck PI.Tammy and David Miller, 235 S. Shattuck PI.Marty Rubin, 243 S. Shattuck PI.William Drew, 1628 E. Washington Robert Craig, 196 S. Shattuck PI.Gail Call, 1524 E. Washington Janet Cadwell, 1628 E. Washington Several speakers indicated they were not notified of the public hearing because they did not live within the 300 ft. radius specified in the notification requirements.Kevin McCann, 4607 E. Washington, expressed concern that not enough residents in the adjoining neighborhood were notified of the public hearing. Mr. McCann asked if the 300 ft.radius could be changed to encompass more residents.Council discussed the next phase is review of the building and site plans by the Design Review Board. All interested parties should give their name and address to the City Clerk for notification of hearings.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Negative Declaration 1453-94, finding no substantial evidence the project will have a significant impact on the environment or wildlife resources.Page CITY COUNCIL MINUTES JUNE 21, 1994 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve General Plan Amendment 1-94 as outlined in Planning Commission Resolution No. PC-19- 94. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Zone Change 1169-94 as outlined in Planning Commission Resolution No. PC-18-94 with a recommendation that minutes of this meeting and previous meetings of the Planning Commission be included for the decision of the Design Review Board. Notices of the hearing be sent to those interested people in the audience tonight regarding the Design Review Board meeting.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Bob Bennyhoff, 10642 Morada Dr., asked if something could be done with the 300 ft. notification law. Mr. Bennyhofffelt most of the people that get upset are the ones that are within the one block area that is cut off When you have a cul-de-sac next to an area that is sensitive, such as C-I, would it be possible to go to the end of the block.The City Attorney remarked the State law requires notification within 300 feet. This Council has consistently gone beyond that on many occasions when they are aware of problems and concerns.The question is, "How far should you go?"Councilman Murphy commented the most apparent challenges are in ownership and when the legal owner is notified and not the tenant.Robert Craig, 196 S. Shattuck PI., suggested only notifying the registered voters.Carole Walters, 534 N. Shaffer, commented the City could do a better job notifying CITY COUNCIL MINUTES JUNE 21,1994 16. ADJOURNMENT MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 8:05 p.m.Jth-r/~ ~~ MARILYN NSijft, C CITY CLERK Gene Beyer GENE BEYER MAYOR BY: FRE L. BARRERA MAYOR PRO TEM Page 12