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05-21-1991 Council MinutesI APPROVED BY CITY COUNCIL 00 JUNE 11, CITY COUNCIL MINUTES OF A REGULAR MEETING 1991. ORANGE, MAY 21, CALIFORNIA 1991 The city Council of the City of Orange, california convened this 21st day of May, 1991 at 3:00 p.m. in the Council Chambers, 300 E. Chapman Avenue. Oranae. California. I 1. OPENING 1. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 1. 2 ROLL CALL PRESENT - steiner, Barrera, Mayor Beyer, coontz, Spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/ANNOUNCEMENTS/ INTRODUCTIONS Resolution No. 7804 was presented to Gene R. Minshew,commending him for his service as Interim City Attorney. Mr.Minshew presented "Gene R. Minshew Resolution No.1" to council and Staff, thanking them for their support.1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 221 2.1 Declaration of city Clerk Marilyn J. Jensen declaring posting of city council Agenda of a regular meeting of May 21, 1991, at the City of Orange, Main Library, the Eisenhower Park Bulletin Board, and the New police Facility at 1107 N. Batavia, 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 Request authorization of a Quitclaim Deed to Robert McCaffrey covering a recently abandoned waterline located at 4623 E.Washington. (D4000.0)ACTION: Authorized Mayor and city Clerk to execute on behalf of the city.I'I I Page 1 2 CITY COUNCIL MINUTES MAY 21, 1991 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.3 Request for transfer of $140,000 from Account 600- 8021-422302 Electricity for Pumping, and $160,000 from Account 600-8021-444300 Replenishment Assessment, ( Total $300,000) to Account 600-8011-444200, Purchased Water, to adjust budget to reflect actual 1990- 91 water production expenditures. (C2500.P)n I Discussion: Council questioned whether the additional amount for purchased water was partially being offset by the decrease in pumping. The Water Department Manager indicated this was true.MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.2.4 CLAIM FOR DAMAGES FROM:a. CHARLES AND SUSAN MILDEN for an alleged incident occurring on or about March 11, 1991.b. TAYLOR FLETCHER for an alleged incident occurring on or about April 7, 1991.ACTION: Denied claims and referred to city Attorney and Adjuster.2.5 Authorize and approve the award of 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. (continued from May 14, 1991). Account No.: 720-1331-481302- 9859 (Equipment Replacement Fund) (A2100.0 A.1787)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 ACTION: Bid #901-48 was awarded to low bidder Lincoln Engineering Company of California, dba Stoddart Tool and Equipment of La Habra, CA in the amount of $ 3 CITY COUNCIL MINUTES MAY 21, 1991 2. (CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.6 Request from orange High School for temporary suspension of Permit Parking restrictions (Area A) on Sunday June, 9, 1991 and Thursday June, 13, 1991. (Graduation Ceremonies). S4000.S.3.1) MOTION SECOND AYES Beyer Coontz steiner,Barrera, Mayor Beyer, Coontz, spurgeon ACTION: Approved, Orange High School to be responsible for notifying the neighbors by posting signs.EMERGENCY AGENDA ITEM: MOTION - Beyer SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, coontz, spurgeon Moved that the need to take action on the following item arose after the posting of the agenda. 2.7 Request from Chapman College for temporary suspension of Permit Parking restrictions (Area A) on Saturday, May 25, 1991 and Sunday, May 26, 1991, and further that Walnut Ave. between Orange st. and Grand st. be closed on Sunday, May 26, 1991 during commencement exercises. (S4000.S.3. 1)MOTION SECOND AYES Barrera Coontz steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved, Chapman College to be responsible for notifying the neighbors by posting signs.council questioned whether city Staff was working on the request for a loan of city trees to Chapman College, which was included in the same letter. The Director of Community Services indicated this had already been taken care of. Items 2.3 and 2.6 were removed and heard separately. All other items, including 2.7 (Emergency Agenda Item), on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS None 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS - None Page 3 4 CITY COUNCIL MINUTES MAY 21, 1991 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS ORDINANCE NO. 12-91 TAPE 450 8. 1 An Ordinance of the City Council of the City of Orange amending section 17.06.020 of the Orange Muncipal 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)j MOTION - Barrera SECOND - Mayor Beyer AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSTAINED - steiner That Ordinance No. 12-91 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8. 2 ORDINANCE NO. 13-91 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) MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSTAINED - steiner That Ordinance No. 13- 91 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 7810 A Resolution of the City Council of the City of orange reconsidering and rescinding city Council action of November 13, 1990, to now approve the reclassification of property situated at 1515, 1527, and 1541 E. Walnut Avenue between Tustin Street and Lincoln Street, from R-1-6 ( Single Family Residential) to R-2-6A (Residential Duplex,Single Story Overlay). Zone Change 1129-90, Owner: James Schulze.C2300.E GPA No. 3-90) MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7810 as introduced be adopted and same was passed and adopted by the preceding vote. Page 4 5 CITY COUNCIL MINUTES MAY 21, 1991 8. LEGAL AFFAIRS (Continued) 8.4 RESOLUTION NO. 7815 A Resolution of the City council of the City of Orange reconsidering City Council action of November 13, 1990, to now approve a General Plan Amendment request to amend the land use designation of parcels situated at 1515, 1527, and 1541 E. Walnut Avenue from Low Density Residential 2-6 units per acre to Low/Medium Density Residential 6-15 units per acre. General Plan Amendment 3- 90, Owner: James Schulze. (C2300.E GPA No. 3- 90)MOTION SECOND AYES Coontz Barrera Steiner,Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7815 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 ORDINANCE NO. 10-91 An Ordinance of the City Council of the city of Orange amending Section 17.06.020 of the Orange Municipal Code and approving the reclassification of property situated at 1515, 1527, and 1541 E.Walnut Avenue, between Tustin Street and Lincoln Street, from R-1-6 Single Family Residential District) to R-2-6A (Residential Duplex,Single Story Overlay District). Zone Change 1129-90, Owner: James Schulze. (C2300. E GPA No. 3- 90)MOTION - spurgeon SECOND - Mayor Beyer AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 10-91 have first reading waived and same was set for second reading by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS - None RECESS AND COUNCIL RECONVENED AT 7:00 P.M.The city Attorney advised there were no matters pending to require a closed session.MOTION - Mayor Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to take the closed session off the agenda. 6 CITY COUNCIL MINUTES MAY 21, 1991 MOTION SECOND AYES Mayor Beyer spurgeon Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to recess to the 7:00 p.m. session.7:00 P. M. SESSION 11. INVOCATION - Ms. Bobbie Druilhet, sister cities Association.11.1 PLEDGE OF ALLEGIANCE TO THE FLAG 11.2 ANNOUNCEMENTS - None 11.3 PRESENTATIONS orange Unified School District Student Certificates of Achievement were presented to students from El Modena High School, Orange High School, Richland High School and Villa Park High School by Mayor Beyer and representatives from each school for excellence in athletics, academics, leadership and general achievement.11.4 PROCLAMATIONS - None 12. PUBLIC HEARINGS TAPE 1760 12. 1 CITY OF ORANGE. 1991- 1992 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM:Time set for a public hearing to consider funding recommendations and receive public comment regarding the City of orange's 1991-92 Community Development Block Grant ( CDBG) Program. The city plans to receive $859,000 in 1991-92 CDBG funding from the United States Department of Housing and Urban Development and reprogram $35,000 in prior-year carryover for Fiscal Year 1991-92. Proposed programs include public service activities and capital improvements.C2500. G.1.1)The Community Development Block Grant Program Manager acknowledged the members of the citizen's committee, who worked very hard at making the recommendations for the program. The members are Chairman ~Harry st. George, Bea Vega, victoria James and Richard Ledesma.The recommendations of the committee are as follows:Page 6 CITY COUNCIL MINUTES 2. PUBLIC HEARINGS (Continued) Requestinq Aqencies Nonprofit Aqencies Assessment & Treatment Family Counseling Services Center Program Central Orange County YWCA Dispute Resolution Center Gymnasium Remodeling El Modena service Committee Shelter Housing Program Food Distribution Center Loading Dock Improvements Hotline of Southern California Crisis Intervention Program Lutheran Social Services of So. Calif. Employment and Housing Counseling Mariposa Women's Center Substance Abuse Counseling Olive Crest Rehabilitation of Group Homes orange Coast Interfaith Shelter Kitchen Rennovation & Laundry EXp. orange County Youth & Family Services Amparo Youth Shelter-Operation Costs Rehabilitation Institute of So. Calif.Exterior Painting of Main Facility storage Facility Construction Two computers operations Audit & Analysis Shelter for the Homeless Transitional Housing Program Women's Transitional Living Center Outreach Counseling Program SUBTOTAL MAY 21, 1991 7 Amount of Request 10, 000 48, 497 41, 577 15, 000 39, 000 7, 500 11, 634 20, 000 19, 800 20, 000 20, 000 26, 000 15, 000 5, 000 10, 000 15, 000 12. 000 336, 008 Committee Recommendation 0-38, 000 38, 000 15, 000 39, 000 0- 0-12, 000 17, 800 0-20, 000 26, 000 5, 000 0- 0- 0-12. 000 222, 800 Page 8 CITY COUNCIL MINUTES MAY 21, 1991 12. PUBLIC HEARINGS (Continued) citv Departments Community Development Program Operation & contingency Library Friendly stop El Modena Branch Painting & Signs 60,997 23,000 171,800 0- 23,000 300,000 53,400 123.000 671.200 894,000 171,800 Public Works Storm Drain Replacement Project Street Reconstruction Project Water Main Replacement Project SUBTOTAL 300,000 210,175 123.000 717.172 GRAND TOTAL 1,053,180 Council requested to be informed of the dates and times of the hearings, so they could attend, see what the process is and why some are awarded the grants and others are turned down. This was requested last year, but Council was not informed of the dates involved. Council requested last year that as much focus as possible be placed on the non-profit agencies, since they are having a difficult time with the recession in raising necessary funds. They were pleased that these recommendations were followed and the City of Orange is supporting its non- profit agencies.The CDBG Manager reviewed the desires of the committee and Council:that the agencies have the ability to carry out their programs and have administrative capability, but also have the capability to go out and raise funds through funding sources. They should eventually become independent and not depend upon the funding that the city may offer to them. Financial statements are also required.Council felt that the program should be better publicized (Orange Progress and newspapers), because there are agencies within the city of Orange not familiar with the program. Sometimes, this happens as a result of a change in leadership, new directors in programs and a new board of the agencies. Staff should approach all non-profit groups early in the process, so there is sufficient time to apply for grant funds.MAYOR BEYER OPENED THE PUBLIC HEARING.Barbara DeNiro, 1118 E. Adams, asked to have the list read of the proposed awards, since it was not listed on the agenda. Mayor Beyer read the list of the agencies who applied for grants, and committee recommendations. She asked if there was a limit as to how often an agency could apply for funding. Council commented that the city prefers they not come back more often than every three years. In addition, the agency must be located in the City of Orange to obtain funding from the city CITY COUNCIL MINUTES MAY 21, 1991 9 12. PUBLIC HEARINGS (Continued) Council questioned why the Dispute Resolution Center is now getting 38,000, when in the past the amount was $25,000. The CDBG Manager reported they now have a need for a full-time employee, where in the past they have had part-time help only. Council requested a periodic update on the activities of the YWCA Dispute Resolution Center. The CDBG Manager indicated they receive quarterly reports and copies would be sent to Council.Council questioned the funding for the Youth Alternative Program for 1991-92, which was mentioned in the staff report. Did Staff want a decision from Council at this time. The CDBG Program Manager indicated there is contingency funding of $31,850 available, and this will be addressed at a later date by Council.Beverly Nestande, representing Olive Crest, expressed appreciation to the staff for their help and support in the application process.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve the proposed City of Orange 1991-92 community Development Block Grant Program as recommended by the CDBG Committee.MOTION - Steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to authorize staff to request and receive $859,000 in 1991-92 Community Development Block Grant funding from the United States Department of Housing and Urban Development, and reallocate prior year carryover in the amount of $35,000 for Fiscal Year 1991-92. Council to be included in the initial CDBG Program review process for policy recommendation purposes, commencing with the fiscal year 1992-93. Staff was directed to publicize the process as early on as possible to reach as many people in the community that are interested in the CDBG Program.12.2 VACATE AND ABANDON A PORTION OF A PUBLIC STREET. CHAPMAN AVENUE RIGHT-OF-WAY EASEMENT. CITY OF ORANGE: TAPE 2576 Time set for a public hearing on petition by the City of Orange to consider vacating and abandoning a portion of Chapman Avenue right-of-way easement, west of Trails End Lane, approximately 880.57 feet in length, 4 feet wide tapering westward to nil. Subject right-of-way easement is proposed as surplus to present needs for street uses or for 1 0 CITY COUNCIL MINUTES MAY 21, 1991 12. PUBLIC HEARINGS (Continued) The city Traffic Engineer reported last year a new series of sound walls were built on the south side of Chapman Avenue between Newport Blvd. and Trails End. The new walls were constructed on what was public right-of-way. The parkway width within the Santiago Hills Development varies from 16-18-19 feet along the south side of the roadway that enabled the new sound walls to be constructed on the back 4 feet of public right-of-way.The recommendation is to relinquish that section of the right-of-way in which the walls exist, back to the adjacent property owners. The city has a policy of not maintaining walls or retaining walls where it does not have full accessibility from both sides, as in this case. There would still be about 14 1/2 feet of parkway sidewalk left. The remaining slopes, approximately 8-10 feet, would be maintained by the Assessment District, with no infringement upon the adjacent property owners.MAYOR BEYER OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.RESOLUTION NO. 7808 A Resolution of the city Council of the City of Orange ordering the vacation and abandonment of that portion of the Chapman Avenue right- of-way easement, west of Trails End Lane, approximately 880. 57 feet in length, 4 feet wide tapering westward to nil.MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7808 as introduced be adopted and same was passed and adopted by the preceding vote.MOTION SECOND AYES Coontz Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to authorize the Mayor and City Clerk to execute five (5)separate Grant Deeds to the owners of record located at 7741, 7747,7803, 7809 and 7817 Teal Lane. These deeds cover small strips of land between the new sound wall and old property lines. Any ~necessary recording fees will be paid by Account 590- 1 1 CITY COUNCIL MINUTES MAY 21, 1991 13.PLANNING AND ENVIRONMENT TAPE 2726 13.1 Presentation by the City'S Consultant, Urban Edges, on open space alternatives for the portion of Santiago Creek between Tustin street and Cambridge street. (C2500.D Santiago Golf Course) The Mayor noted that this was not a public hearing, but a report on the progress that has been made and hoped to be made in the future regarding this activity. The Director of Community Development reported the presentation was a result of a contract entered into early this year with the firm of Urban Edges. Urban Edges was assigned the task of preparing open-space alternatives for the site. These alternatives are intended to act as tools to be used in discussion by the community in considering preservation of open space lands within that area. They are not land-use plans. The santiago Creek Executive Committee has been involved in discussions with the consultant to help develop these alternatives.The representatives from Urban Edges presented a slide show and focused on two main alternatives: 1) with no development at all; 2)some commercial development in the area, which would help pay for improvements to the area.The Director of Community Development indicated their department has received a Tentative Tract Map proposal from The Lyon Company, owner of the property. The time has come where open- space discussion and processing of the tract map needs to come together.Mayor Beyer acknowledged the work of the Santiago Creek Greenway Alliance which has wide representation from the community: Ralph Masek, Howard deCruyenaere, Mike Hennessey, Joe Hennessey, Ellie Haggerty, Councilwoman Coontz, Mayor Beyer and two representatives from the Lyon Company. Many of the alternatives presented have been discussed during meetings of this committee.Councilwoman Coontz reported the committee saw the Santiago Golf Course property as a model for the development of the rest of Santiago Creek. The creek has been handled in many different ways,because the City has not had a consistent policy on how the creek was developed. The ultimate goal is to have a Santiago Creek that everyone can see and appreciate. A lot of other recommendations came as a result of this, for instance, zoning of the entire creek, which now has a variety of zoning, the master plan of. recreational trails,which has been requested by other residents throughout the city, not just those in the Santiago Creek area, standardizing the creek channel design, and perhaps going after additional funds that the City of Orange cannot come up with. The Lyon Company has recently added a new consultant to the 1 2 CITY COUNCIL MINUTES MAY 21, 1991 13. PLANNING AND ENVIRONMENT (Continued) Council felt it would be in the best interest of the project in the City of Orange for the two elected officials on the committee to continue to negotiate with the Lyon Company. The committee is enthused that achieving the dream of preserving this area is finally within reach. The following people spoke in favor of preservation of the area: Larry Bonham, 332 S. Olive Street.Howard DeCruyenaere, representing the Santiago Creek Greenway Alliance.Ralph Masek, 1645 N. santiago, Santa Ana.Hasan Nouri, 29092 Dean st., Laguna Niguel, Consultant to the County of Orange on Handy Creek.Michael Hennessey, 155 N. Singingwood st.They made the following points: Council was thanked for their support of the cleanup of Santiago Creek recently.There won't be another chance to preserve this area.Treat the creek as a living resource. Get the free land first, land already publicly- owned.The preservation of the santiago Creek area has been under discussion for 10 years; it's time to set the policy.It is time to develop respect for streams of Southern California,because they assimilate pollutants; they should not be paved.The neighbors want the plan with no development.Set a comprehensive policy for Santiago Creek so the process does not have to be reviewed repeatedly.Make the vision a reality; if the Council wants a greenway, it will get it.Request City Staff pursue all available grants/funds.MOTION - Coontz SECOND - Mayor Beyer AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to accept the following Staff recommendations:Accept the alternatives presented by Urban Edges as meeting the requirements of the contract with the City of Orange.Direct Staff to have consultant complete the final portion of the contract by assisting the community group with writing applications to seek funding for some acquisition of open space within the area.Direct Staff to report on availablity of, and coordinate the grant-writing program.Direct Staff to continue to zone Santiago Creek channel with compatible open space/recreational designations.Direct Staff to continue with master plan of recreational trails.Direct Staff to standardize creek channel design and materials.Council Committee to continue negotiations with the Lyon Company to maximize open- space amenities.Page 12 1 3 CITY COUNCIL MINUTES MAY 21, 1991 13. PLANNING AND ENVIRONMENT (Continued) Direct Staff to report on maintenance and liability costs of open-space amenities.Direct Staff to explore acquisition of the County-owned portion of the site.other members of the council to be kept updated on the progress of the grant writing and the project.14. REPORTS FROM COUNCILMEMBERS - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION - spurgeon SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to adjourn at 9:06 p.m.2z-~ic~Page 13