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07-09-1991 Council MinutesAPPROVED BY CITY COUNCIL ON JULY 23, 1991. CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA JULY 9, 1991 93 The City Council of the city of Orange, California convened this 9th day of July, 1991 at 3:00 p.m. in the Council Chambers, 300 E. Chapman Avenue. Oranqe. California. 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 Regular Meeting - June 18, 1991 MOTION - Barrera SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Regular Meeting - June 25, 1991 MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved. Adjourned Regular Meeting - June 26, 1991 MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.1. 4 PRESENTATIONS/ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 68 2.1 Declaration of city Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of July 9, 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. Page 1 94 CITY COUNCIL MINUTES JULY 9, 1991 2. CONSENT CALENDAR (Continued) 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. REMOVED AND HEARD SEPARATELY) 2.3 Request a change in the paint scheme of the orange Police vehicles from orange and white to black and white. Further authorize that all replacement Police vehicles, beginning Fiscal Year 91/92 be black and white, and that the existing Police fleet be repainted black and white. Appropriate 21,700.00, Account Number 355-4021- 595101 (Asset Seizure/Vehicle Maintenance). ( C2500.K)Council questioned the necessity of repainting the existing vehicles, rather than phasing in the black and white vehicles when new ones were purchased. The Police Chief indicated their department felt this would be too confusing to the public. The money used for this repainting would be taken from Asset Seizure, rather than the general fund.They are also in the process of designing a logo, which would distinguiSh the Orange police cars from other police cars.MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved, with permission to design a special logo for the cars.2. 4 Request approval of Contract Change Order No. 2 to R&L Sewer,Inc., for Bid No. 901-9 in the amount of $8,230.29 from Account No. 601-8061-484501-8419 (La Veta Water Main). (A2100. 0 A. 1705)ACTION: Approved.2.5 Consideration of announcement from Ralph R. sutter, Orange County Marathon, Inc., regarding a change of the marathon event day to November 3, 1991. ( P1300.0. 9)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.6 Request approval to execute a financial agreement with the Friendly Center for the Youth Alternative Program. (A2100. 0 A. 95 CITY COUNCIL MINUTES JULY 9, 1991 2. CONSENT CALENDAR (Continued) Councilwoman Coontz asked for clarification from the City Attorney on whether she should vote on this issue, because she has been a member of the Board of Directors for many years. The City Attorney indicated there was no reason to abstain, since she is a non-compensated officer of a non- profit organization.Bob Bennyhoff, 10642 Morada Drive, asked the status of the land where the Friendly Center is currently located. The Mayor indicated negotiations are continuing with the School District. They will be having a meeting soon, which will hopefully settle this.MOTION - Spurgeon SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Authorized the Mayor and city Clerk to execute the agreement on behalf of the city.2. 7 Approve authorization of agreement with Edward and wilberta Haller, 16781 E. Main Street to connect to City sewer. (A2100.0 A. 1812)ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2. 8 Approve E. Main sewer. authorization of agreement with Joanne Shanfield, 16742 Street and 8712 Oceanview Avenue, to connect to city A2100. 0 A.1813)ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of the city.2. 9 Request approval of the transfer of FY 1990/91 funds in the total amount of $1,750.00 from Account 100-1311- 424202 Janitorial Services) to Account 100- 1311-471301 (Furniture,Machinery, Equipment Additions) for the purpose of purchasing a PC computer which will provide a management information system for the Civic Center and police phone system. ( C2500.J.3)ACTION: Authorized the Mayor and city Clerk to execute the agreement on behalf of the city.2.10 Authorize a Subscription Agreement with the Orange County -City Hazardous Materials Emergency Response Authority in the amount of $28,300.00. (A2100.0 A. 1246.A)ACTION: Authorized the Mayor and City Clerk to execute the agreement o~ behalf of the city. 9 t CITY COUNCIL MINUTES JULY 9, 1991 2. CONSENT CALENDAR (Continued) 2.11 Request approval of agreement with Farano & Kieviet for legal services and for an appropriation of $40,000 for Fiscal Year 1990/91 to Account 921-9812-426100- 9107 (Southwest Housing Legal Services and Account 931-9822-426100-9107 (Northwest Housing Legal Services) (continued from June 25, 1991).A2100.0 A.1809)ACTION: Authorized the Mayor and City Clerk to execute the agreement on behalf of the city.2.12 Request extension of the contract with willdan Associates for Phase II of the traffic signal coordination project at 22 intersections on three (3) arterial streets in the City. Also,to approve the expenditure of $22, 620.00 to cover the contract extension. Costs to be paid from Account No.284-5032- 485100-6404. ( TSIP Area B) (A2100. 0 A. 1639)ACTION: Approved.2.13 CLAIM FOR DAMAGES FROM:EUNICE MEGRUND for an alleged incident occurring on or about November 28, 1990. (S 64168 CLB) (C3200.0) ACTION: Denied claim and referred to City Attorney and Adjuster. 2.14 Approve amendment to Professional Services Agreement with Cotton/Beland Associates, Inc. (A2100.0 A.1475.1)ACTION: Authorized the Mayor and City Clerk to execute the amendment on behalf of the City.2.15 Approve amendment to lease agreement between City of Orange and Senior Housing, Inc., regarding the Triangle Terrace project.A2100.0 A.1156.1)ACTION: Authorized the Mayor and city Clerk to execute the amendment on behalf of the City.2.16 Authorize and approve the award of Bid No. 901-59 ( Office Supplies and Minor Office Equipment) to Joyce Office Products,Los Angeles, CA., in the estimated amount of $ 150,000.00.Account No. 140-15101 (Warehouse Revolving Account for Distribution) ( A2100. 0 A.1814)Two bids were received,Joyce Office Products Boise Cascade based on 50 most commonly used items:11,176.68 12,535.06 ACTION: Bid No. 901-59 was awarded to low bidder Joyce Office Products in the estimated total 97 CITY COUNCIL MINUTES JULY 9, 1991 2. CONSENT CALENDAR (Continued) 2.17 Authorize renewal of agreement between the city and Lewis Crouse for prosecution of City code violations. (A2100.0 A.1715.A) ACTION: Authorized the Mayor and City Clerk to execute the agreement on behalf of the City. 2.18 Approve notice of completion and acceptance for the La Veta Water Main, Bid # 901-9, Contractor: R&L Sewer, Inc. (A2100. 0 A. 1705)ACTION: Approved.2.19 Authorize and approve the award of Bid No. 901- 54, "Fire Hydrants, Burys and Extensions," to Clow Valve Company.,Corona, CA., in the amount of $67,980.00. Account No. 600-8041-474800 (Water Transmission/Distribution/storage- Hydrants) (A2100.0 A. 1815)Seven bids were sent Clow Valve Co.Long Beach Ironwork out, with the following two responses:67, 980.00 73,797.50 ACTION: Bid No. 901-54 was awarded to low bidder Clow Valve Co. in the amount of $67,980. 00; all other bids were rejected.2.20 Authorize and approve the award of Bid No. 901-55, the Corporation Yard Tank Replacement project to Petcon, Inc.,Yorba Linda, CA., in the amount of $324,600.00 and reject all other bids. Account Numbers ( FY 90-91):710- 1331- 426700-9856 (Other professional & Consulting Services)720-1331-481302-9856 (CIP- Furniture, MaChinery & Equipment Replacement)710-1331- 726700-9856 (Other Professional & consulting Services)720-1331- 481302-9856 (FY 91/ 92) (Other Professional &Consulting services) (A2100. 0 A.1816) Four bids were Petcon, Inc.Barney' s Inc.M. H. Loe Co.sent out, with the following three 324,600.00 346,788.00 424,990.00 responses:ACTION: Bid No. 901-55 was awarded to low bidder Petcon, Inc.in the amount of $324,600.00; all other bids were rejected.2.21 Authorize and approve the award of Bid No. 901-60, " Aggregate,Pavings and Fill Materials," to Owl Rock Products, Arcadia,Ca., in the estimated 98 CITY COUNCIL MINUTES JULY 9, 1991 2. CONSENT CALENDAR (Continued) Account Numbers: 271-5021-448300 (Street Maintenance Services, .271-5021- 448400 (Traffic & Transportation Services)210-7022-448400 (Park Maintenance)600-8041-425200 ( Water Transmission/Distribution/Storage,Maintenance of Water Mains)600- 8041-474501 (Water Transmission/Distribution/Storage Transmission and Distribution Mains)Ten bids were sent out, with four responses.ACTION: Bid No. 901-60 was awarded to low bidder Owl Rock Products in an estimated amount of $350,000.00; R. J. Noble Company will be used as an alternate supplier in emergency only.2.22 Request authorization to approve a Housing Accessibility Program Grant, and authorize the city Treasurer to prepare a check in the amount of $1, 500.00, Case No. 495. (C2500.G.1.1) ACTION: Approved.2.23 Request authorization to approve a Homeowner Participation Rebate Grant, and authorize the City Treasurer to prepare a check in the amount of $2, 000.00, Case No. 496. (C2500.G.1.1) ACTION: Approved.2.24 Request authorization to approve a Homeowner Participation Rebate Grant, and authorize the City Treasurer to prepare a check in the amount of $2, 000.00, Case No. 497. (C2500.G.1.1) ACTION: Approved.2.25 Request authorization to approve a Homeowner Participation Rebate Grant, and authorize the City Treasurer to prepare a check in the amount of $2, 000.00, Case No. 499. (C2500.G.1.1)ACTION: Approved.2.26 Authorize reimbursement in the amount of $14,526.80 to Triangle Terrace for landscaping and patio improvements. (A2100.0 A.1156)ACTION: Approved.2. 27 Request authorization to transfer $27, 000.00 from Account No. 720-1331-772102 ( Motor Vehicle Replacement) to 9 9 CITY COUNCIL MINUTES JULY 9, 1991 2. CONSENT CALENDAR (Continued) MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Items 2.3 and 2.6 were 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 4.REPORTS FROM COUNCILMEMBERS TAPE 429 4.1 Confirmation of affirmative vote for Councilman steiner on Resolution No. 7849 adopted at the June 25, 1991 Council meeting and presented to Dr. Robert Jensen.MOTION - Beyer SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to confirm the vote on Resolution No. 7849.5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 452 8.1 RESOLUTION NO. 7850 C2500.M)A Resolution of the City Council of the city of Orange approving the reclassification of three positions in the Public Works Department effective July 1, 1991: 1) A Field Maintenance Worker 1/ 11 to Equipment Operator I (Pos. #204); 2) a Field Maintenance Worker 1/11 to Skilled Maintenance Worker (pos. #784); and 3) an Equipment Operator I to Skilled Maintenance Worker (pos. #461); approving the transfer of $7,727.00 from the Special Gas Tax Maintenance Fund to cover the increased salary and benefits cost, and direct staff to amend the budget and position control system to reflect these changes.MOTION - Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to remove this item from the agenda at the request of Staff. Page 7 0 0 CITY COUNCIL MINUTES JULY 9, 1991 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO. 7851 A2100.0 A.1705) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. R&L Sewer, Inc. Bid No. 901-9, La Veta Ave., Parker to Pepper.MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7851 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 7853 C2500.J.4.7)A Resolution of the City Council of the City of Orange relating to the classification, compensation and terms of employment for Miscellaneous Employees of the city of Orange and repealing Resolution No. 7619 and amendments thereto, for said employees.MOTION - Barrera SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7853 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 7858 C2500.J.4.5)A Resolution of the City Council of the City of Orange amending Resolution No. 7614 of the Professional, Technical and Clerical unit to provide a 6% salary adjustment to position No. 243 in the Water Fund 600-8031, Senior Water Quality Inspector, effective June 30,1991.MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7858 as introduced be adopted and same was passed and adopted by the preceding vote.8. 5 RESOLUTION NO. 7859 C2500.J. 4)A Resolution of the City Council of the City of Orange amending Resolution No. 7846 relating to qualifying retirement benefit plan for part-time employees as required by the Omnibus Budget Reconciliation Act of 1990 to modify the city and employee contributions on a one time only basis for the period from June 16,1991 through June 29, 1991.Page 8 101 CITY COUNCIL MINUTES JULY 9, 1991 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES Spurgeon steiner steiner,Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7859 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 Request from John and Lisa Waddell, 128 E. Riverdale Rd., orange, to discuss discrepancies in the Fire Department's enforcement and interpretation of the Uniform Fire Code. (C2500.G.3)MOTION - Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to remove this item from the agenda, since word was received this matter was resolved to the petitioners' satisfaction.THE CITY COUNCIL RECESSED AT 3: 30 P.M. AND RECONVENED AT 7:00 P.M.MOTION - Barrera SECOND - Beyer AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to recess to a Closed Session for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code section 54956.9, to wit: National Advertisinq Company vs. city of Oranqe, United States District Court Case No. CV 85-4968 TJH (KX). city of Oranqe vs. Forum Insurance Co., State of California Court of Appeal Fourth Appellate District No. G010039. Serrano Irriqation District vs. city of Oranqe, Orange County Superior Court Case No. 61 38 00.b. To confer with its attorney regarding potential litigation pursuant to Government Code section 54956.9(b) ( 1).Page 9 I b 2 CITY COUNCIL MINUTES JULY 9, 1991 7:00 P.M. SESSION 11. INVOCATION - given by Bobbie Druilhet, sister city Association.11. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 11. 2 ANNOUNCEMENTS - None 11.3 PRESENTATIONS/INTRODUCTIONS a. Mrs. Druilhet from the sister City Association, introduced visiting students from Australia and Mexico. She also reported on a teacher exchange which is being arranged with our sister City in France, and a visitor we will be having from our sister City in Timaroo, New Zealand.OR1800.0. 14)The Police Department announced an exchange which has been arranged through the sister Cities Association with Orange Police Officers and our sister City in Mexico. The objective of this exchange is to have more Spanish-speaking officers on the Orange Police force.b. Helen Walker, 1990 citizen of the Year was presented with a proclamation and a check to go to her sponsoring organization, Soroptimist International.11. 4 PROCLAMATIONS - None 12.PLANNING AND ENVIRONMENT TAPE 1686 Report from the city Traffic Commission. continued from June 25.1991. concerninq reauests for the implementation of a Neiqhborhood parkina Permit Proqram at the followinq locations: (S4000.S.3.1)REOUEST NO. 1 East side of Prospect Street between Almond Ave. and palmyra Ave;Both sides of Almond Ave. between Violet Lane and Dunas st.;Both sides of violet Lane, Shasta st. and Dunas st. between Almond Avenue and Palmyra Avenue;Both sides of Kathleen st. between Chapman Ave. and Palmyra Ave;The north side of Palmyra Ave. between Craig st. and Dunas st.;South side of Palmyra Ave., between Craig st. and Prospect st.The City Attorney reported the Council had extensive public input at the last meeting, which was held on June 25, 1991. After that public input, this matter was continued for deliberation by the full City Council, since Councilman steiner was absent.Councilman Steiner thanked the Council for the courtesy of continuing this item, since he was not able to attend the June 25 meeting. This item was of significant concern to him, and he is very familiar with the situation. Although he did not hear the public testimony on June 25, he indicated he was comfortable voting on this issue.Page 10 CITY COUNCIL MINUTES JULY 9, 1991 103 12. PLANNING AND ENVIRONMENT (Continued) Councilman steiner said he felt the problem was well-documented and that a neighborhood parking permit program is needed. He felt the nighttime program was most appropriate. He asked for clarification on whether this would be on both sides of Prospect, since he did not feel the times involved would affect the businesses in the area.It was the recommendation of the Traffic Engineering Staff that the City Council uphold the recommendation of the Traffic Commission and deny the request for permit parking. However, if the Council feels a temporary permit-only nighttime parking restriction would alleviate the instances of petty crime within the two areas, it would be recommended by the Traffic Engineering, Planning and Police Staff that:l. A 10:00 p.m. to 6:00 a.m. limit be established.2. The west side of Prospect, adjacent to the commercial, or non-residential land uses, be posted "No Parking from 10:00 p.m. to 6:00 a.m.", without a permit proviso.3. Authorization be given to hire an additional Parking Control Officer to service this area, which would cost the city from 33,600 to $37, 600 per year.4. Towaway provisions not be approved or implemented at this time.The city Traffic Engineer reviewed the implementation schedule at the request of Council. He felt the earliest date this could be enforced would be September 16. Should the Parking Control Officer not be hired, parking enforcement would be third on police priority, on a time-available basis. The fine for parking in the posted area would be $35.00.Councilman Spurgeon commented he would like to have the program reviewed after one year, if it is approved. He reviewed the minutes of another parking permit program and asked if it had been reviewed,as requested in the original approval. The city Traffic Engineer indicated this had not been done. Councilwoman Coontz indicated there was no reason for a formal report on the other permit programs,since the residents were overwhelmingly in favor of the program, and continue to thank Council and Staff for implementing the program.The City Traffic Engineer reported the petition from Request Area No.2 has been received, and it meets the minimum requirements.The following people addressed the Council on the issue:Melinda Derloshon, 3642 E. Sycamore Ave., asked for clarification on the streets includedin Request No.2, since they were not all included on the agenda.Leonard Morris, 3815 Silverleaf, was concerned because the area had been extended. So far they have not had a problem, but he feels the problem is merely being moved. 04 CITY COUNCIL MINUTES JULY 9, 1991 12. PLANNING AND ENVIRONMENT (Continued) MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve the Residential Parking Permit Program in the area served by Request No.1, including Staff recommendations, except for the hiring of a Parking Control Officer, which will be reviewed at a later date.REOUEST NO.2 Both sides of Palm Avenue and Sycamore Avenue between Seranado Street and Swidler st. and; Both sides of swidler Street between Walnut Avenue and spring Avenue;MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to approve the Residential Parking Permit Program in the area served by Request No.2, including Staff recommendations, except for the hiring of a parking Control Officer, which will be reviewed at a later date. The area to be expanded to Spring Street on the south,Walnut Avenue on the north, Swidler Street on the west and Seranado Street to the east.NOTE: Councilman steiner left the podium at 8:05 p.m.13. PUBLIC HEARINGS 13.1 ASSESSMENT DISTRICT NO. 91- 1 CUMBERLAND ROAD: TAPE 2620 L1200.0)Time set for a public hearing to consider any protests or objections to the proposed work, assessment, extent of the assessment district,or the estimate of the cost and expenses; and to finally determine whether the public interest and convenience require the improvements.The Notice of Public Hearing has been given in the manner and form as required by law, and a certificate of Compliance is on file certifying that notice was given in the following ways: posting all public streets within the district, mailing notice to property owners within the district, filing proposed boundary map in office of the County Recorder, publication of Notice of Improvement, and publication of Notice Inviting Sealed Proposals.The City Engineer reported the project is the construction of 1250 fee of main line sewer to serve the area along Cumberland Road between Shaffer Street and Canal Street. There were 12 bids received for this project, ranging from $ 70,700 to $175,460. The successful bidder is Ivanko, Inc., who is prepared to proceed upon Council approval and award of the contract.Page 12 1 05 CITY COUNCIL MINUTES JULY 9, 1991 13. PUBLIC HEARINGS (Continued) The cost of the main line will be split equally among all 62 of the benefiting properties. The easterly 33 properties have a dry sewer which will serve them as soon as the system is made operable by the construction of this main line. In addition, there will be laterals constructed for 29 properties to the west who have no sewer at the present time. Those property owners will be assessed the cost of those laterals individually. The assessment for the 29 people on the west end will be $2,441.74, which is below the estimate made over 2 years ago. The properties to the east with the dry sewer will have an assessment of $1,045.74. There will be a period whereby they can pay this assessment off, before the assessments are confirmed. The majority of the people indicated they wanted this to be an assessment they could pay through the lien method over a 10-year period. The City is financing the cost of this sewer at 8% over 10 years.No formal protests have been received.MAYOR BEYER OPENED THE PUBLIC HEARING.The fOllowing speakers addressed the Council:Kathleen Tobkin, 1009 E. Cumberland Road, thanked the Council for all their work in bringing sewers to their area. Waymer Petty, 16332 Cumberland Road, asked for clarification that the lien could be spread out over the 10-year period, since he is a senior citizen on a fixed income. THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. RESOLUTION NO. 7854 A Resolution of the City Council of the City of Orange overruling and denying protests and making certain findings in a Special Assessment District. MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7854 as introduced be adopted and same was passed and adopted by the preceding vote.RESOLUTION NO. 7855 A Resolution of the City Council of the City of Orange confirming the assessment, ordering the improvements made, together with appurtenances, and approving the Engineer's "Report."Page 13 1 0 6 CITY COUNCIL MINUTES JULY 9, 1991 13. PUBLIC HEARING (Continued) MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner That Resolution No. 7855 as introduced be adopted and same was passed and adopted by the preceding vote.RESOLUTION NO. 7856 A Resolution of the city Council of the City of Orange authorizing issuance of bonds in a Special Assessment District.MOTION - Coontz SECOND - Barrera AYES - Barrera, Mayor Beyer, coontz, Spurgeon ABSENT - steiner That Resolution No. 7856 as introduced be adopted and same was passed and adopted by the preceding vote.RESOLUTION NO. 7857 A Resolution of the city Council of the City of Orange awarding the contract for the construction of certain public works of improvement in a special Assessment District.MOTION - spurgeon SECOND - Barrera AYES - Barrera, Mayor Beyer, coontz, spurgeon ABSENT - steiner That Resolution No. 7857 as introduced be adopted and same was passed and adopted by the preceding vote.13.2 PLAN:DRAFT REVISION OF THE CITY OF ORANGE URBAN WATER MANAGEMENT C2500. P. 4)Time set for a public hearing on petition by the City of orange to consider the draft revision of the City of Orange Urban Water Management Plan in accordance with Assembly Bill 797.The Assistant Water Manager reported every urban water supplier in the state was required by law to prepare a management plan. This is the required five-year updated version of the plan. The plan is to be considered at a public hearing, as part of the adoption process.The goal is the conservation and efficient use of urban water supplies thoughout the state.Page 14 1 07 CITY COUNCIL MINUTES JULY 9, 1991 13. PUBLIC HEARINGS (Continued) Every plan must include projections of future water demands, conservation measures that are currently in effect, alternative conservation measures that may be implemented in the future, and an evaluation of certain other specified water management practices. The city of Orange plan follows this format and addresses all of these issues. Council asked where the "Drought-Tolerant Garden" was located, which is mentioned in the plan. The Asst. Water Manager indicated it is at the Water Plant.MAYOR BEYER OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS PRESENT, THE PUBLIC HEARING WAS CLOSED.MOTION - Spurgeon SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Moved to adopt the city of Orange Urban Water Management Plan.14. REPORTS FROM COUNCILMEMBERS - None 15.ORAL PRESENTATIONS TAPE 3358 Ed Dart, 1011 W. Taft, addressed the Council requesting an ordinance change be made in order that he can have a permanent hot dog concession outside of the new Home Depot.The Director of Community Development reported that the current ordinance does not allow this. An amendment to the ordinance would be required if the Council decides to allow this. The ordinance requires a building to operate a business. Since this is a separate business operating outside of a structure, it is not covered in the current ordinance.Council was not in favor of the sidewalk vendors. However, this did not fall into that category. This concession is in front of all the other Home Depot stores. Council directed Staff to agendize the matter and come back with a report as soon as possible.Lynette Perry,a majority of the problems to bring 2525 N. Bourbon, addressed homeowners in her complex.to Council' s attention:the Council representing They have several 1. They have a parking problem on Heim and Bourbon. The area has lots of apartments. However the biggest offender seems to be Villa Ford. Their employees park on their street. They have a lot on the north end of their business. However, it is more convenient for them to park ~n their street. This problem has been discussed with villa Ford, but the problem has continued.Page 1.5 108 CITY COUNCIL MINUTES JULY 9, 1991 15. ORAL PRESENTATIONS (Continued) 2. The traffic on Heim going into the Orange Mall is also a concern. Recently, the Planning commission approved a kiosk to be placed at the north end of the mall. This entrance has been quite busy lately. They feel it is a good shortcut coming out onto Tustin. It is becoming quite dangerous. 3. Public Works has recently determined the sidewalks on Heim and Bourbon have become a hazard. Their decision to remove 8 liquid amber and jacaranda trees on Bourbon which are 20 years old and replace them with 5 crepe myrtles on Heim is what the residents do not agree with. She claims this species is very slow growing and is not considered a street tree. Some of the trees will not be replaced. They have heard Redevelopment is considering a parking garage at the north end of the mall, facing their complex. If this happens they would not have any trees to soften the view. Many of the property owners bought in the area because of the trees, and they are not happy about this. The Director of Community Development was directed to check into their concerns and get back to the homeowners. Council also commented there have also been problems with the houses on the south side of Heim not being taken care of. There has been a problem with these homes for about a year, and the residents on Bourbon have complained before. The Director of Community Development was directed to check into this at the same time. Barbara DeNiro, 1118 E. Adams, commented that if Council allowed the hot dog concession at Home Depot, it might open the flood gates for other businesses. The Director of Community Development indicated they could require a Conditional Use Permit and other restrictions which would help keep this under control. This item will have a public hearing when it comes before the Council.Bob Bennyhoff, 10642 Morada Drive, asked the Council's assistance in getting the landscape ordinance passed. The Woodcrest development will be graded soon and without the ordinance, they can do nothing.The ordinance seems to be bouncing around City Hall and not brought before the Council. The Director of community Development was directed to report back to Council on the progress of this matter.Page 16 109 CITY COUNCIL MINUTES JULY 9, 1991 16. ADJOURNMENT MOTION SECOND AYES ABSENT Barrera Mayor Beyer Barrera, Mayor Beyer, Coontz, Spurgeon steiner Moved to adjourn at 8:42 p.m.A'/~~"~MARILYN J. SEN CM , CITY CLERK Page 17