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08-27-1991 Council MinutesAPPROVED BY CITY COUNCIL ON SEPTEMBER CITY COUNCIL MINUTES OF A REGULAR MEETING 177 10, 1991- ORANGE, CALIFORNIA AUGUST 27, 1991 The City Council of the City of Orange, California, convened this 27th day of August, 1991 at 3:00 P.M. in the Council Chambers, 300 E. Chapman Avenue. Oranqe. California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES - Regular meeting - August 13, 1991 MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS - None 1. 5 PROCLAMATIONS - None 2. CONSENT CALENDAR 2. 1 Declaration of City Clerk Marilyn J. Jensen declaring posting of city Council Agenda of a regular meeting ofAugust27,1991, 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.2.2 Authorize the Mayor and Director ofFinance to draw warrants on City Treasurer in payment of demands.ACTION: Approved. Page 1 178 COUNCIL MINUTES AUGUST 27, 1991 2. CONSENT CALENDAR (Continued) 2.3 Request from Holy Family Cathedral to conduct their annual church fiesta on September 13, 14 and 15, 1991, and a waiver of all fees. (P1300.0.9) ACTION: Approved subject to Staff stipulations. 2.4 Request that the City Traffic Commission's Annual Activity Report of the 1990-91 fiscal year be reviewed and accepted.OR1800.0. 19)ACTION: Received and filed.2.5 Request for the installation of a driveway vision zone at 320 E. Maple Avenue. Funds are available in Account #250-5032-427100 Contractual Services. (S4000. S.3. 1)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.6 Request the installation of a 4-Way STOP control device at the intersection of Shaffer st. and Culver Ave. ( S4000.S.3.3)The Traffic Engineer was asked by Council to explain why the survey was taken at Off-peak hours. He indicated when radar surveys are performed, it is to establish speed limits, and they are looking for a reasonable or normal speed that would be traveled. In off-peak hours the driver is less constrained and would tend to drive as he perceives as a reasonable speed.ACTION: Denied. (See Item 2.11 for vote count)2.7 Request to prohibit on- street parking on both sides of Batavia st. between Katella Ave. and the Southern Pacific railroad right-of- way to the north. Funds are available in Account # 250-5032-427100 Contractual Services. (S4000.S.3.1)ACTION: Approved.2.8 Request for the installation of Right Turn Only signs at the westerly driveways of the business park located at 1717 and 1745 W. COUNCIL MINUTES AUGUST 27, 1991 179 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.9 Request authorization to approve the opening of a payrollaccountwith1stInterstateBankofCaliforniathat accommodates the processing of payroll checks and providespayrolldirectdepositservices. (C2500.J.1) The Finance Director explained the new program will not changethewaythepayrollisprocessed. However for those employeesthathaveselectedthisprogram, their monies will be sent electronically to 1st Interstate Bank of California's clearinghouse, and from there out to the different banks where the employees' monies will be electronically deposited into theiraccount. A stub will be received by the employee explaininghowtheamountdetermined, including their withholding. ACTION: Approved (See 2.11 for vote count.). 2.10 Award Bid No. 912-05 for the widening and improvements onMainStreetandLaVetaAvenuetoInlandConstructorsintheamountof $359,985.70. (A2100.0.A. 1837)Account # 924-9811-783300-4012 Southwest Orange Redevelopment Funds)Account # 550-5032- 785100-6301 Neighborhood Preservation Funds)Account # 601-8061- 484501- 8424 Main st. Water Main)Twenty- nine (29) bids were responded: Inland Constructors Gillespie Construction Nobest Inc. Excel Paving Co.Sully Miller Marina Contractors R.A. Ruiz Construction R.J. Noble Co.Fecit Strata, Inc. Gentry Brothers Excalibur Contracting Griffith Co. sold, the following twelve (12)359, 985.70 412, 466.55 427, 418.30 429, 681. 70 432, 068.55 437, 746.15 445, 927.24 458, 335.05 459, 009.44 474,469.20 478,572.11 485,645.10 ACTION: Bid No. 912-05 was awarded to low bidder, InlandConstructors in the 18 0 COUNCIL MINUTES AUGUST 27, 1991 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.11 Request Council authorize the purchase of an office trailer in conjunction with the civic Center Short Term Remodel project from Scottsman Mobile Offices of Long Beach in the amount of 44,563.36 (72% of total $61,893.55 cost) from Account # 500-1311-481200-9808 (Civic Center Expansion). (C2500.0)Councilmembers expressed concern regarding a diagram that was referred to in the report, but was missing. The city Manager indicated the diagram depicted the location of the trailer,which will be placed along the west property line of the Community services lot in an L-shape.ACTION: Approved.MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve Items 2.4, 2.6, 2.9 and 2.11 as recommended.2.12 Request from Ed J. Mireles, representing the Local Union No.952, to change the street name where their facility is located 140 S. Marks Way), from Marks Way to Teamster Way.S4000. S. 3. 6)ACTION: Referred to the Department of Public Works for a report.MOTION - Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Items 2. 4, 2.6, 2.9 and 2.11 were removed and heard separately; all other items 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 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None Page 4 181 COUNCIL MINUTES AUGUST 27, 1991 8. LEGAL AFFAIRS 8.1 RESOLUTION NO. 7870 A Resolution of the City Council of the City of Orange supporting theOrangeCountyTransportationCommission's strategic plan to expendMeasure "M" Funds for full right-of-way acquisition forwideningoftheInterstate5FreewaybetweenStateRoutes22and91andtoaccelerateacquisitionofcertainparcelslocatedwithinCityBoundaries. ( H1200.0)MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7870 as introduced be adopted and same was passed andadoptedbytheprecedingvote.8. 2 RESOLUTION NO. 7871 A Resolution of the City Council of the City of Orange expressing appreciationtoDetectiveDouglasKrabbeoftheOrangePoliceDepartmentandcommendinghimforalmostthirtyyearsofloyalanddedicatedservice. (C2500.K)MOTION - Steiner SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7871 as introduced be adopted and same was passed and adopted by theprecedingvote.8.3 RESOLUTION NO. 7872 A Resolution of the City Council of the City of Orange designating municipal officers authorized toestablishandsigndocumentationforcitybankaccounts. (C2500.J.1)MOTION SECOND AYES Barrera Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7872 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 7873 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of theCityofOrangeandgrantingaConditionalUsePermittoallowanadolescentresidentialtreatmentfacilityintheR-3 (ResidentialMultipleFamily) zone upon property located at 525 N. ParkerStreet. Conditional Use Permit 1913-91 - Social Model Recovery Systems, Inc. (A4000.0-389)t, ,~5 182 COUNCIL MINUTES AUGUST 27, 1991 8. LEGAL AFFAIRS (Continued) MOTION - Barrera SECOND - spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7873 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 7874 A Resolution of the city Council of the City of Orange upholding the recommendation of the Planning Commission of the city of Orange and granting a Conditional Use Permit to allow a two story self-storage facility within 70 feet of a single family (R-1) district upon property situated north of Chapman Avenue and west of McPherson Road within the former Southern Pacific Railroad right-of- way.Conditional Use Permit 1906-91, Applicants: Donald Hunt and Dean Evans. (Z1500.0 ZC 1136-91)DISCUSSION: The City Attorney commented Resolution Numbers 7874 and,7875 have been revised to reflect a stipulation that the applicant VOluntarily entered into at the August 13, 1991 Council meeting, with respect to a deed restriction which would be recorded on the property precluding the applicant from converting that property to multiple family residential uses.Council felt all aspects of the conditions discussed at the public hearing should be listed in the resolution, even though the voluntary stipulation was understood that it would not hold up legally, but was of concern. In the future, Council should be apprised of this situation by the Planning staff. MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7874 as introduced be adopted and same was passed and adopted by the preceding vote. 8.6 RESOLUTION NO. 7875 A Resolution of the city Council of the City of Orange upholding the recommendation of the Planning Commission of the city of Orange and approving the classification of property situated north of Chapman Avenue and west of McPherson Road within the former Southern Pacific Railroad right-of-way as C-1 (Limited Commercial) and R-3 (Multiple Family Residential) Zone Change 1136- 91, Applicants: Donald Hunt and Dean Evans. (Z1500. 183 COUNCIL MINUTES AUGUST 27, 1991 8. LEGAL AFFAIRS (Continued) MOTION - Steiner SECOND - Coontz AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7875 as introduced be adopted and same was passed and adopted bytheprecedingvote.8.7 ORDINANCE NO. 23-91 An Ordinance of the City Council of the city of Orange amending Section 17.06.020 of the Orange Municipal Code and approving the classification of property situated north of Chapman Avenue and west of McPherson Road within the former Southern Pacific Railroad right-of- way as C-1 (Limited Commercial) and R-3 (Multiple Family Residential). Zone Change 1136-91, Applicants: Donald Hunt and Dean Evans. (Z1500. 0 ZC 1136- 91)MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 23-91 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 RECESSED AND COUNCIL RECONVENED AT 7:00 P. M. MOTION SECOND AYES Barrera Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to recess to a Closed Session at 3:34 P.M. for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit:Citv of Oranqe vs. Donald Greek, Orange County Superior Court Case No. 64 27 01.To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9( b) (1).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.b.c. Page 7 184 COUNCIL MINUTES AUGUST 27, 1991 7:00 P.M. SESSION 11.INVOCATION - Reverend Arthur Holquin, Holy Family Cathedral 11. 1 PLEDGE ALLEGIANCE TO THE FLAG 11. 2 ANNOUNCEMENTS - None 11. 3 INTRODUCTIONS - None 11.4 PROCLAMATIONS - None 11. 5 PRESENTATIONS a. Mayor Beyer read the acknowledgment letter received from J.E. Taylor, Rear Admiral, U. S. Navy, expressing appreciation of support to reservists who served in Desert Shield and Desert Storm.city of Orange Reserve employees were: Stephen Pham, LeRoy striegel and Sal Romero. b. Marilyn Jensen, Assistant Executive Director of the Miss Orange Pageant, representing President, Frank Greinke, Jr.,introduced Miss Orange, Audra Murphy and her Court of Honor,Claudia Kysor, Amy Dunn and Lesleigh Covell.12.PUBLIC HEARINGS TAPE 1296 C2500.G.6)12. 1 MITIGATION MONITORING PROGRAM MANUAL. CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to establish a Mitigation Monitoring Program (MMP) Manual consistent with the State of California Public Resources Code (Section 21000 et.seq.) mandating that all local agencies adopt a monitoring program to verify implementation of mitigation measures associated with Mitigated Negative Declarations and Environmental Impact Reports EIR) .MAYOR BEYER OPENED THE PUBLIC HEARING.The Community Planning Manager reported the manual will ensure that mitigation measures that are adopted and attached to development projects will be monitored and implemented over a period of time.This program will make it easier for the City staff to track and monitor mitigation measures and ensure that the type of quality development expected in the City will continue.Study sessions have been held with the Planning commission and the general public, as well as interested developers. Changes have been made as a result of these study sessions and Councils' comments.written comments were received from The Irvine Company, and have been addressed.Page 8 185 COUNCIL MINUTES AUGUST 27, 1991 12. PUBLIC HEARINGS (Continued) Ordinance No. 22-91 was revised in the following areas: 1) The definition of "project" was modified to more precisely identifythatmitigationmeasuresandtheordinanceapplytoaspecificproject,instead of potentially applying to a variety of projects thatmightfallunderthe "umbrella" of a General Plan or a Specific Plan.2) The "menu" has been expanded relative to theenforcementmechanismsavailabletotheCitytoensurethatmitigation measures,once they are adopted will be complied with.The following concerns by Councilmembers were addressed by theTheCommunityPlanningManager: The program, at this point, willbeadministeredbyexistingCitystaff. In the future, the needforadditionalstafftoadministertheprogramwillexpand accordingtothedegreeof development.Fees are required on the smaller projects in which anegativedeclaration, environmental determination is made, butmitigationmeasuresarerequiredtoreduceoreliminatepotential impacts. But because of the project's limited size and scope of impact, a fUll-fledged environmental impact report is not required. In the analysis, existing projects of this size were reviewed, staff hours required to monitor the mitigation measures were estimated, and staff is recommending a set fee of $250.00 as being fair andreasonableformitigated negative declarations.Staff is proposing to incorporate the fee schedule forthemonitoringofenvironmentalimpactreportsintotheexistingdevelopmentfeesystem, in which a project will come in with moniesbeinggivenupfrontthatCitystaffwilldrawfromastheymonitorthemitigationmeasures. Also, for mitigation measuresrequiringspecializedexpertisewheretheCitywouldneedtoretainaqualifiedconsultant,it is proposed the project proponent would be billedforthisadditionalcosttotheCity. This would apply to bothEIRsandmitigated negative declarations.Concern was expressed regarding the staff process usedtoretainconsultantsforEIRsorspecializedexpertiseformitigatednegativedeclarations. It was explained there is language in themanualthatindicatesstaffwillworkcooperativelywiththeprojectproponentsothereisanunderstandingofthescopeofworkanticipatedandamountofmoneyinvolvedwhenretaining a consultant.Speaking in favor:Cora lee Newman, Vice President of Entitlement for TheIrvineCompanyandFoothillCommunityBuilders, complemented staff ontheprogrammanual, and expressed approval of the document.Barbara DeNiro, 1118 E. Adams, asked if past projects, suchastheIDMprojectatOrangewoodandStateCollegeBoulevardwouldbesubjecttotheprogram' s stipulations? 186 COUNCIL MINUTES AUGUST 27, 1991 12. PUBLIC HEARINGS (Continued) The Community Planning Manager explained the program can be used to monitor mitigation measures that are in place for both existing and future projects, but we can not go back and add mitigation measures to previously approved projects. THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. RESOLUTION NO. 7869 A Resolution of the City council of the city of orange adopting the city of Orange Mitigation Monitoring Program Manual (1991). MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon That Resolution No. 7869 as introduced be adopted and same was passed and adopted by the preceding vote.ORDINANCE NO. 22- 91 An Ordinance of the City council of the City of Orange mandating compliance with the city of Orange Mitigation Monitoring Program.MOTION - Coontz SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon That Ordinance No. 22-91 have first reading waived and same was set for second reading by the preceding vote.RECESSED TO THE ORANGE REDEVELOPMENT AGENCY MEETING (See Orange Redevelopment Minutes)13. PLANNING AND ENVIRONMENT - None 14. REPORTS FROM COUNCILMEMBERS - None 15. ORAL PRESENTATIONS Forrest Ricker, addressed the Council regarding Police harassing him at the abortion clinic on west Chapman Avenue. Mr. Ricker requested Council to address this situation so the protest may continue.Mayor Beyer instructed Mr. Ricker to contact Police Captain Hernandez who is in charge of Police patrol.Page 10 187 COUNCIL MINUTES AUGUST 27, 1991 ADJOURNMENT MOTION - Mayor Beyer SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon The City Council adjourned at 8:00 P.M.t1~~~(~Page 11