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05-14-1991 Council Minutes48(,APPROVED BY CITY COUNCIL ON MAY 28, 1991. CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA MAY 14, 1991 The city Council of the City of Orange, California convened this 14th day of May, 1991 at 3:00 p.m. in the Council Chambers, 300 E. Chapman Avenue. Oranqe. California. 1. OPENING 1.1 PLEDGE ALLEGIANCE TO THE FLAG 1. 2 ROLL CALL PRESENT - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner 1.3 APPROVAL OF MINUTES Regular Meeting - April 23, 1991 MOTION - Barrera SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner ACTION: Approved.1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS a. Presentation of a Certificate to Former Mayor, Don Smith for the Food certification Program by Mayor Beyer.b. Presentation by the Olympic Job Opportunities Grant Program OJOP) to the Mayor and city Council in recognition of the City's participation in the OJOP program. 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 360 2.1 Declaration of city Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of May 14, 1991, at Orange Civic Center, Main Library, New Police Facility at 1107 N. Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the city Clerk:Page 1 T CITY COUNCIL MINUTES 487 MAY 14, 1991 2. CONSENT CALENDAR (Continued) 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. ACTION: Approved. 2.3 Revision to City of Orange/Irvine Company Fee Agreement Covering the 1490 Acre East Orange Specific Plan No.1. A2100.0 A.1676) ACTION: Approved. 2.4 Authorize and approve the award of Bid #901-47 "stencil Truck Body and Equipment" to Dispensing Technology Corp. in the amount of $35,092.00 and reject all other bids.Account No.: 720-1331-472101 (Additional New Vehicle Fund)A2100. 0 A.1786)Three bids were sent out, with only one received.ACTION: Bid No. 901-47 in the amount of $35, 092.00 was awarded to Dispensing Technology Corp. REMOVED AND HEARD SEPARATELY)2.5 Authorize and approve the award Bid #901-48 Wheel Alignment System to Lincoln Engineering Company of California, DBA Stoddart Tool and Equipment of La Habra, CA, in the amount of 34,554.00; and reject all other bids. (A2100.0 A.1787)Account No.: 720-1331-481302-9859 (Equipment Replacement Fund)Five bids were sent out, with the following three responses: Lincoln Engineering Co.dba Stoddart Tool & Equipment) Westesco Auto Shop Equipment Co., Inc. 34, 554 35,515 36,256 MOTION SECOND AYES ABSENT Barrera Mayor Beyer Barrera, Mayor steiner Beyer, Coontz, Spurgeon Moved to continue this item to May 21, 1991 City Council Meeting.2.6 Approve and authorize the award of Bid #901-51, replace concrete loading pads at Corporation Yard, to Industrial Concrete Services, Inc., Santa Ana, CA in the amount of 30,915.00; and reject all other bids. Account No.: 500-1311-481200-9853 ( Capital-Building and 488 CITY COUNCIL MINUTES MAY 14, 1991 2. CONSENT CALENDAR (Continued) Seven bids were sent out, with the following three responses: Industrial Concrete services, Inc. Chas.Concrete Service Markel Cement Contracting, Inc. 30,915 38,544 44,729 ACTION: Bid No. 901-51 was awarded to low bidder Industrial Concrete Services, Inc. in the amount of $30,915; all other bids were rejected.2.7 Request approval of a not-to-exceed contract with Advanced Environmental Technology Corporation ( AETEC) for asbestos consulting services associated with the Civic Center Short Term Remodel Project; authorize the appropriation of $18, 000 (72% of the total $25,000 contract price) to Account No.100-0201- 481200-9808-19813 (Civic Center Interim Renovations Project) from General Funds Reserves. (A2100.0 A.1789)ACTION: Authorized Mayor and City Clerk to execute on behalf of the city.2.8 Request City Council approve a one-year extension of time for Tentative Parcel Map 88-442 located at the southwest corner of State College Blvd. and Orangewood Avenue. (C3300.0 No.1750-89)ACTION: Approved.2.9 Request city Council to execute an Easement Deed to Orange County Flood Control District for flood control and water conservation purposes at Walnut Avenue, east of Malena Street.A2100.0 A.1790) ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.10 Request city Council to authorize city Attorney to draw up an agreement, and approve such agreement with Environmental Perspectives for environmental document preparation located on Glassell Street from Walnut to Collins. (A2100.0 A.1791) ACTION: Authorized Mayor and city Clerk to execute on behalf of the city.2. 11 Request city Council approve installation of 'Street Lights' on the 100 block of North Jewell Place. (S4000.S.3.10) ACTION: Approved and authorized transfer of $ 8,000 from the unappropriated 489 CITY COUNCIL MINUTES MAY 14, 1991 2. CONSENT CALENDAR (Continued) 2.12 Request City Council approve installation of a 'Median Break' on Chapman Avenue west of Newport Blvd., for the Orange Crest shopping center. (S4000.S.3.3) ACTION: Approved. 2.13 Request city Council approve waiver of sixty-day notice to the County of Orange to continue to use space in an existing building at 365 E. River Avenue. (A.2100.0 A. 1792)ACTION: Approved.If approved, adopt Resolution No. 7813 (Refer to Item #8. 13,Page 11).2.14 Request to appropriate $2,000.00 from Unappropriated General Fund Reserves to Account No. 100-6011- 426700 for additional fees needed to file annexations in the Fairhaven Islands Area with the Local Agency Formation Commission. (3100. 0 No. 392,No. 393, No. 394)ACTION: Approved.2.15 Request from community Development to transfer of $ 30,000 from Account 100-6033-427800, Other Contractual Services to Account 100- 6001-426700, Other Professional and Consulting Services.C2500.D)ACTION: Approved.2.16 Request City Council approval of April 9, 1991 recommendation to authorize Mayor and City Clerk to execute the Joint Powers Agreement for the Central Orange county Fixed Guideway Project. (A2100.0 A.1780)ACTION: Authorized the Mayor and city Clerk to execute the Amended Joint Powers Agreement for the Central Orange County Fixed Guideway Project. Approved allocation of $15,000 from the Unappropriated Reserves and deposit to Account No.:250-5031- 426700 (other Professional and Consulting services) for this project.MOTION - Barrera SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Item 2.5 was removed and heard separately. All other items on the Consent Calendar were approved as recommended.END OF 490 CITY COUNCIL MINUTES MAY 14, 1991 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS - None 5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 410 5.1 Appointment of the followina to fill vacancies that currentlY exist on the Oranqe Business & Industry Beautifications Award Committee. Terms to expire 01/31/93: (OR1800.0.8.6)Gene L. Beckerbauer Ronald D. Sands MOTION - Barrera SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Moved to confirm the aforementioned appointments to the Orange Business & Industry Beautification Award Committee. city Clerk to notify new appointees of their meeting time and locale.5.2 Report of Solid Waste Committee. Oranqe Disposal Service rate review and Contract Amendment No. 11. ( A2100.0 A119.0)The Street Division Manager reported the County Board of Supervisors has approved a 28.17% increase in the landfill gate fees from $17.75 per ton for regular refuse to $ 22.75 per ton. The increase for households is $.71 per month per unit, and would be effective July l,1991.A review of the rate analysis submitted by orange Disposal Service shows that a rate increase for service is not needed to meet Orange Disposal Service, Inc. financial needs through June 30, 1991. The City's staff, with the concurrence of the Solid Waste Committee, is recommending that the rate paid Orange Disposal Service be reduced 36 per water meter per month. The following summary outlines the net result of a gate fee increase,plus an Orange Disposal Service rate decrease: (Cost is based on water meter rate per month.)ITEM EXISTING RATE PROPOSED RATE DIFFERENCE INCREASE (DECREASE) Service Rate Gate Fee Net Increase 5.60 2.43 5.24 3.14 0.36) 0.71 0.35 They are also recommending an increase of $.05 per month for those services that have an additional water closet. The purpose of that is for the sewer cleaning contract which went up three years ago.The burden of that cost can no longer be borne by Sanitation. It only affects a small percentage of the population in the city.Page 5 4 91 CITY COUNCIL MINUTES MAY 14, 1991 5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued) It is which 1996. also recommended that Orange Disposal's contract be extended, will make the new termination date of the agreement January 1, Councilwoman Coontz suggested the name of the committee should be changed to the Integrated Waste Committee, since the committee deals with many issues other than solid waste. Council responded that the name change will be discussed at a later date. If accepted, Adopt Resolution No. 7803 amending fee schedule for Solid Waste services. (See Legal Affairs, Item #8.2, Page 7). MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Moved to accept staff recommendations on the rate increase and the extension of the contract with Orange Disposal Service, authorizing the Mayor and the City Clerk to execute on behalf of the City.6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 660 8. 1 RESOLUTION NO. 7800 A Resolution of the City Council of the city of Orange providing workmen's compensation benefits for registered volunteer "disaster service workers" when working on behalf of the city. (C2500.H.1)MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7800 as introduced be adopted and same was passed and adopted by the preceding vote.Council questioned whether the City would be liable in the case of a disaster service worker driving his personal vehicle and perhaps having an accident. Staff Legal Counsel reported the Disaster Preparation Committee is currently investigating this issue.Page 6 1-- 4. 9 2 CITY COUNCIL MINUTES MAY 14, 1991 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO. 7803 A Resolution of the City Council of the City of Orange amending section 13.60.020 and section 13.60.030 of the Orange Municipal Code changing certain Sanitation and Service charges by Contractor. A2500.0 Sanitation Charges) MOTION - Coontz SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7803 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 7804 A Resolution of the City Council of the City of Orange expressing gratitude and appreciation to Gene R. Minshew for his service as Interim city Attorney. (C2500. B)MOTION - Spurgeon SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7804 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 7805 A Resolution of the city Council of the City of Orange amending Resolution 7585 relating to the Annual Paramedic Subscription Fees for residential and nonresidential subscribers. (C2500.H)MOTION - Barrera SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7805 as introduced be adopted and same was passed and adopted by the preceding vote.Page 7 I 493 CITY COUNCIL MINUTES MAY 14, 1991 8. LEGAL AFFAIRS (Continued) 8.5 RESOLUTION NO. 7806 A Resolution of the city Council of the city of Orange approving Lot Line Adjustment LL 91-4 adjusting a lot line of certain real property situated at northwest corner of Chapman Avenue and Lewis Street.Owner: Kaiser Foundation Health Plan, Inc. C2500.M.16.1 No. 91-4)MOTION - Spurgeon SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7806 as introduced be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 7807 A Resolution of the city Council of the city of Orange upholding the recommendation of the Planning commission and approving the reclassification of properties located at 11202 N. Hewes street,11212 N. Hewes Street, 18761 E. Bond Avenue, and 18771 E. Bond Avenue, from County R-1 (7,200 Residential Single Family District) to city R-1-7 (Residential Single Family District). Pre- Zone Change 1133-91, City of orange. (Z1500. 0 No. 1133- 91)MOTION - Coontz SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7807 as introduced be adopted and same was passed and adopted by the preceding vote. 8.7 RESOLUTION NO. 7809 A Resolution of the city Council of the City of orange upholding Design Review Board on DRB Project No. 2640 and denying DRB Appeal No. 1-91 and upholding the Planning commission by approving Conditional Use Permit No. 1890-91 to allow for transitional group home for women and children at 357-371 S. Lemon Street and denying Design Review Board Appeal No. 1-91 and Planning Commission Appeal No. 385. Applicant: Old Towne Preservation Association. ( A4000.0 No. 1-91)MOTION - Coontz SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7809 as amended, to include denying DRB Appeal No. 1-91, be adopted and same was passed and adopted by the preceding vote. Page 494 CITY COUNCIL MINUTES MAY 14, 1991 8. LEGAL AFFAIRS (Continued) 8.8 ORDINANCE NO. 12-91 (FIRST READING)An Ordinance of the City Council of the city of Orange amending section 17.06.020 of the Orange Municipal Code and approving the reclassification of property located at 11210 and 11212 N. Hewes,18761 and 18771 E. Bond Avenue. Pre-Zone Change 1133- 91, City of Orange. (Z1500. 0 No. 1133- 91)MOTION - Coontz SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Ordinance No. 12-91 have first reading waived and same was set for second reading by the preceding vote.8.9 ORDINANCE NO. 13-91 ( FIRST READING)An Ordinance of the city Council Transportation Demand Management enforcement of its requirements.of the City of Orange establishing a Program and providing for A2500.0 Trip Reduction)Council questioned whether Public Works of the Chamber of Commerce wanted to make any comments about the letter recently received by the Council regarding this ordinance. The City Traffic Engineer indicated they had tried to address two specific areas of concern of the Chamber and the Council. The first was the definition of worksite, which has been redefined to delete the small businesses under common control, but still to include shopping centers and malls. The second area of Council concern was fees. The ordinance will refer to the cost of administering the program, and the fees will actually be set by resolution, in conjunction with the other fees in the Master Schedule.Paul Pursell, 16561 Alliance, Tustin, representing the Orange Chamber of Commerce, indicated the Chamber was satisfied that Staff had made an effort to fairly address the issues of concern to the Chamber. If Staff will apply the ordinance in a manner as promised at the Planning Commission meeting of April 9th and the City Council meeting of April 23rd, the Chamber feels the administration of this ordinance will be as equitable as possible considering the issues at hand. The Chamber would like to continue to work with City Staff. However,they no longer oppose the ordinance.MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Ordinance No. 13-91 have first reading waived and same was set for second reading by the preceding vote. Staff to continue to work with the Chamber of Commerce in resolving issues that concern them.Page 9 T--- CITY COUNCIL MINUTES MAY 14, 1991 495 8. LEGAL AFFAIRS (Continued) 8.10 RESOLUTION NO. 7787 A Resolution of the City Council of the city of orange adopting the revised Employee of the Quarter/Year and Manager of the Year program guidelines and authorizing the appropriation of $3,250.00 to the city Council's Trophies, Promotions, and Awards Account No. 235-0102-443600 to administer the program. (C2500.J. 4.18)MOTION - Barrera SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Spurgeon NOES - Coontz ABSENT - steiner That Resolution No. 7787 as introduced be adopted and same was passed and adopted by the preceding vote.MINUTE ORDER COUNCILWOMAN COONTZ: "I am voting no, not on the basis of the program being presented, but on the basis of the budget procedure and what staff is being asked to do in the way of cutting back."8.11 RESOLUTION NO. 7811 A Resolution of the City Council of the city of Orange amending Resolution No. 7614 of the Professional, Technical and Clerical unit deleting the Classification of Word Processor Operator and reclassifying the position No. 576 with Account No. 100-1401-411102 from Word Processor Operator (Range 311) to the Classification of Secretary ( Range 327). (C2500.C)MOTION - Spurgeon SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7811 as introduced be adopted and same was passed and adopted by the preceding vote.8.12 RESOLUTION NO. 7812 A Resolution of the City Council of the City of orange amending Resolution No. 7614 of the Professional, Technical and Clerical unit adding the classification of Senior Buyer (Range 391) $2507-$3215 and reclassifying position Control No. 97 in Account No. 100-1301-411102 from Buyer (Range 351) to Senior Buyer (Range 391). (C2500.J.3)MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, coontz, Spurgeon ABSENT - steiner Page 10 r 496 CITY COUNCIL MINUTES MAY 14, 1991 8. LEGAL AFFAIRS (Continued) That Resolution No. 7812 as introduced be adopted and same was passed and adopted by the preceding vote. 8.13 RESOLUTION NO. 7813 A Resolution of the city Council of the City of Orange waiving the sixty-day notice period of Government Code section 25351 for the use of the California state Armory by the County of Orange for child Health and Immunization Clinic. (A2100.0 A. 1792)MOTION - Spurgeon SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7813 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS TAPE 1402 Carol Walters, 534 N. Shaffer, President of CARE, addressed the Council regarding the Orange Police Department. Every month, the city recognizes someone on the staff, which she thinks is nice. She would like to have the Police Officers recognized. The residents don't see all the police officers, but their bosses see them. The police are getting hassled now, especially since the King incident.When someone was being arrested near her house, she saw the person try to spit on the police officer. She asked if there was some way they could be recognized by the city, and also perhaps the Firemen.Council mentioned that the Rotary recognizes public service employees every year. Mrs. Walters would like to work with the Police and Fire Departments in putting some type of program together recognizing exemplary employees. She thinks it is important to thank them for their service. She recognized Sgt. Bob Green, Sgt. Jim Pyne, Sgt.Barry Weinstein, who have been especially helpful in helping citizens in her area, as well as a meter maid named Barbara. Council mentioned a marquis on S. Glassell st. that said "Thanks God and the Orange Police Department", which was a nice tribute.Page 11 r I CITY COUNCIL MINUTES MAY 14, 1991 497 RECESS The city Council recessed at 4:05 p.m. to a Joint Closed Session with the Orange Redevelopment Agency for the following purposes: a. Council conferred with its attorney regarding pending litigation pursuant to Government Code section 54956.9(a), to wit: Thriftv oil Co. vs. citv of Oranqe, Orange county superior Court Case 64 42 96; citv of Oranqe vs. Donald D. Greek, Orange county superior Court Case No. 64 27 01; Serrano Irriqation District vs. citv of Oranqe, Orange County Superior Court Case No. 61 38 00; b. Council conferred with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b) (1). c. Council conferred with its attorney regarding initiation of litigation pursuant to Government Code Section 54956.9(C). 11. ADJOURNMENT The City Council adjourned at 5:20 p.m. to a Joint Workstudy Session with the Planning commission on Monday, May 20, 1991 at 5:30 p.,m. in the Weimer Room to discuss the Capital Improvement Program. DUE TO AN EXPECTED LACK OF QUORUM, THERE WAS NO 7:00 P.M. SESSION. 1Ju~ OR;7~ll MARILYN . JE~ ,CMC., CITY CLERK Page 12 r -