10-22-1991 Council Minutes280 APPROVED BY CITY COUNCIL ON NOVEMBER 12, 1991.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
OCTOBER 22, 1991
The City council of the City of Orange, California convened this 22nd
day of October, 1991 at 3:00 p.m. in a Regular Meeting 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 -
October 8, 1991 MOTION - Barrera SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer,
Coontz, spurgeon ACTION: Approved.Adjourned Regular Meeting - October
11, 1991.
MOTION - Coontz SECOND - Barrera AYES - steiner, Barrera,
Mayor Beyer, Coontz,
spurgeon ACTION: Approved.
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS 1.5 PROCLAMATIONS
a. National
Breast Cancer Awareness Month - October,
1991.Proclamation was
read by Councilman Steiner and will be mailed, since
no one was present to accept it.2.CONSENT
CALENDAR TAPE 123 2.1 Declaration of city Clerk
Marilyn J. Jensen declaring posting
of City Council Agenda of a regular meeting of October
22, 1991, at Orange civic center, Main Library,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.Page 1
281
CITY COUNCIL MINUTES OCTOBER 22, 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 the Mayor and Director of Finance to draw warrants
on city Treasurer in payment of demands.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.3 Request authorization to apply for $4,000.00 grant from the
California State Library to purchase materials to serve
Spanish Speaking Immigrant Populations. (C2500.I)
MOTION - Coontz SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.2.
4 Request
approval for the sale of a used 24-Hour Logging Recorder, deemed
Surplus Equipment, for the sum of 1,500.
00, to be put in the General Fund, and further allocate $1,
500.00 to the Patrol Division General Office and Technical Equipment
Account: Account No. 100-4021-424102.
C2500.K)
ACTION: Approved.
2.5 Request authorization to advertise to invite bids for the
installation of tile flooring at the Hart Park Pool
Building. (C2500.M. 4.9)
ACTION: Approved.
2.6 Request for the installation of a "Traffic Signal" at the
intersection of Lewis Street and city Parkway West.
S4000.S.3.3)
ACTION: Denied.
2.7 Request for the implementation of a "Neighborhood Parking
Permit Program" on craig Dr. between Palmyra and Roberta
Dr. (S4000.S.3.1)
ACTION: Denied.
Page 2
282
CITY COUNCIL MINUTES OCTOBER 22, 1991
2. CONSENT CALENDAR (Continued)
2.8 Request for the reduction in length of an "Intersection
Vision Zone" and the installation of a "Passenger Loading
Zone" in front of st. John's Lutheran School Administration
building at 515 E. Almond Ave. (S4000.S.3.1)
ACTION: Approved the installation of 76 feet of white
passenger loading zone and two standard parking stalls.
2.9 Request for the installation of "Driveway Vision Zones" at
the driveway's entering the townhome complex on Cottonwood
st. in proximity to Riverboat way. (S4000.S.3.1)
ACTION: Approved.
2.10 Approve and authorize the purchase of an Automated Fuel and
Fleet Management System from Mainstem Corporation,
Princeton, New Jersey, in the amount of $208,623.00: and to
waive the Formal Bid Process in accordance with orange
Municipal Code section section 3.08.140(d). Fund Nos:
720-1331-781301-9858 $120,000.00 -
Maintenance Management System-Vehicles: 720-
1331-481301-9858 $88,623.00-Maintenance
Management Systems-
Vehicles. (A2100.0 A.
1870)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.
11 Approve the Administrative Policy concerning
budget transfers and appropriations. (C2500.A.l)The
City Manager reported
this is formalizing
procedures currently being
followed.MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera,
Mayor Beyer,
Coontz, spurgeon
2.12 ACTION: Approved.CLAIM FOR
DAMAGES FROM:C3200.0)a. GAYLE BERARDINELLI, for
alleged incidents occurring on or about
8-5-91, 8-8-91 and 8-
9-91.ACTION: Denied
amended/supplemental claim and referred to City Attorney and Adjuster.2.13
Approve Contract Change Order No. 1 in the amount of
26,403.00 to Inland
Constructors: Bid No. 912-05:
Main Street and La Veta widening.
Funding No:
924-9811-
283
CITY COUNCIL MINUTES OCTOBER 22, 1991
2.CONSENT CALENDAR (Continued)
2.14 Approve Contract Change Order No. 1 and Final in the amount
of $25,107.14 to All American Asphalt, Inc. for cost
overruns: Bid No. 901-45: Street Maintenance
1990-91.Funding: 260-5021-
48330-3181 (Sales Tax-Undesignated Street Maint.) $19,000.
00: 260-5021-483300-3121 (Sales Tax - Local Street
Maintenance) $ 6,
107.14. (A2100.0 A.1784)ACTION: Approved.2.15 Authorize and
approve the award of Bid No. 912-9 "
Ductile Iron Water Mains" to Santa Barbara Plumbing, Carpenteria,CA. in the amount
of $93,732.00 and reject
all other bids.Funding
No: 310-
6050-484501-1812 (
Water Main Replacement).
A2100.0 A.1871)ACTION: Approved.MOTION - steiner
SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, coontz, Spurgeon Items 2.3 and
2.11 were removed and heard separately. All other items
on the Consent Calendar
were approved/denied as recommended.END OF
CONSENT CALENDAR 3.REPORTS
FROM MAYOR BEYER - None 4.REPORTS FROM COUNCILMEMBERS Request from
Councilman steiner for permission to leave
the country and the state for 30 days.Councilman steiner
reported he plans to leave the country from November 1-17,
1991. He will miss one City Council meeting on November 12th. He
will return
and then leave
the state from
November 20-25, 1991.MOTION - Spurgeon SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve Councilman
steiner's request to leave the
country and the state for 30 days.5.REPORTS
FROM BOARDS. COMMITTEES AND COMMISSIONS -
None 6.ADMINISTRATIVE REPORTS - None 7.REPORTS
FROM CITY
284
CITY COUNCIL MINUTES OCTOBER 22, 1991
8.LEGAL AFFAIRS TAPE 340
8.1 RESOLUTION NO. 7891 T4000.0 No. 14359)
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 subdivision of property situated North of Santiago Oaks
Regional Park, East of Nohl Ranch Road, West of the Southern
California Edison Serrano Substation, and South of Anaheim Hills.
Tentative Tract Map 14359. Applicant: Woodcrest Development.
MOTION - Barrera SECOND -
steiner AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7891 as introduced be adopted and same was passed and adopted by
the preceding vote.8.2 RESOLUTION
NO. 7892 T4000.0 No. 14550)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 subdivision
of property situated North of santiago Oaks Regional Park, East
of Nohl Ranch Road, West of the Southern California Edison Serrano
Substation, and South of Anaheim Hills more specifically described
as Lot #224 of Tentative Tract Map 14359). Tentative Tract
Map 14550. Applicant: Woodcrest Development.MOTION - Coontz
SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon That Resolution No. 7892 as introduced
be adopted and same was passed and adopted by the preceding vote.
8.3 RESOLUTION NO. 7893 T4000.
0 No. 14359)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 the creation of lots without direct access to a public
street upon property located within the Serrano Heights planned community, which
is located North of Santiago Oaks Regional Park, East of
Nohl Ranch Road, West of the Southern California Edison Serrano Substation, and
South of Anaheim Hills (more specifically described as Lot #
224 of Tentative Tract Map 14359) Conditional Use Permit 1924-
91. Applicant: Woodcrest Development.MOTION - steiner SECOND - Barrera
AYES -
steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
That Resolution No. 7893 as introduced be adopted
and same was passed and adopted by the preceding vote.Page 5
285
CITY COUNCIL MINUTES OCTOBER 22, 1991
8. LEGAL AFFAIRS (Continued)
8.4 RESOLUTION NO. 7894 T4000.0 No. 14359)
A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission of the city of Orange that
previously certified Environmental Impact Reports 954 and 1305-
90,adequately addresses the Environmental Impacts of the
proposed Tentative Tract Map 14359 and 14550, and Conditional Use
Permit 1924-90, upon property situated North of Santiago Oaks
Regional Park,East of Nohl Ranch Road, West of the Southern
California Edison Serrano Substation, and South of Anaheim Hills.
Environmental Impact Reports 954 and 1305-90:
Applicant: Woodcrest Development.
MOTION - Coontz SECOND -
Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Resolution No. 7894 as introduced be adopted and same was passed
and adopted by the preceding vote.
8.5 RESOLUTION NO. 7895 A2100.0 A.1784)
A Resolution of the City Council of the City of Orange finally
accepting the completion of certain public work and improvement. Bid
No. 901-45: Street Maintenance 1990-91: All American
Asphalt, Inc.MOTION -
Spurgeon SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 7895 as introduced be adopted and same was passed and
adopted by the preceding vote.8.
6 RESOLUTION NO. 7896 A21.00.0 A.1826)A
Resolution of the City Council of the city of Orange finally accepting
the completion of a certain public work and improvement.Asbestos
abatement at former Police Building at 300 E. Chapman Avenue.
Bid No. 901-61. Controlled Abatement Service.
MOTION - Barrera SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7896 as introduced be adopted and same was passed and adopted by
the preceding vote.Page 6
286
CITY COUNCIL MINUTES OCTOBER 22, 1991
8. LEGAL AFFAIRS (Continued)
8.7 RESOLUTION NO. 7897 C2500.M.4.16)
A Resolution of the City Council of the city of Orange authorizing
the City Manager to apply for grant funding under the State of
California Roberti-Z'Berg Harris Block Grant Program for
the development of Pitcher Park, 204 South Cambridge
Street.MOTION - Coontz
SECOND - Barrera AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 7897 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 1030 Bill Burke,
10051 Sunrise Lane, Santa Ana addressed the Council regarding a
shopping center development he and two partners are proposing at
340 Newport Blvd. They are concerned about requirements they feel
are inequitable, in which the City is requiring them to have a
horse trail connection through their property or adjacent to their property.
The trail would provide a connection between an existing horse
trail along Newport Blvd. and one in High Horse Trails. The
cost of design and all related items is to be their burden. They
began informal discussions with Planning Staff about a year ago
and they still don't know when it will be resolved. Three or four
developments surrounding High Horse Trails have been built in the past
several years which are much larger, but they had no requirements for
horse trails. They would be willing to pay for a portion of
the cost, but they feel it is a burden to pay for it all.C2500.N.
2)Councilwoman Coontz
asked why this was not addressed a long time ago. The
Director of Community Development indicated the Master Plan of Trails
is currently being done. He mentioned the difficulty in approaching a
neighboring property owner is they would be looking for something in
return. The advantage in having the Orange Park Acres Association involved
is there is more of a sense of community and cooperation to
the situation.Bob Bennyhoff,
10642 Morada Drive, commented this situation is a byproduct of
the lack of Master Plan of Trails, which the people in Orange Park
Acres have been trying to get done for years. They would like to
work out this connection without Council involvement.Page 7
CITY COUNCIL MINUTES
OCTOBER 22, 1991 287
10. ORAL PRESENTATIONS (continued)
councilwoman Coontz commented the council is in support of the trail
linkage and recognizes there is a problem. Hopefully, the matter can
be settled soon, without council involvement.
Charles Roble, 2975 N. Rippling Creek Drive, addressed the Council
with a petition of neighbors who are opposed to the sign on the
garage door at 350 Sandpebble. They presented their problem to
Council on september 24, 1991 and were told the sign would be
removed. (RI200.0)
The city Attorney reported a Notice of violation was given to the
property owner that placed the sign on the garage approximately three
weeks ago. This involves possible filing of a criminal complaint,
charging violation of the Orange Municipal ordinance. The city
Attorney's office has had one contact with the tenant, who placed the
sign on the garage. He thinks the matter can be disposed of without
putting it into the criminal court system, which would take 2-
3 months for resolution. He wants to make another contact with
the tenant at that location. They also will discuss the matter with
the property owner, who lives in Duarte. He asked council for a
little more time to research the law and talk with the tenant,
before starting the criminal
process.Mr. Roble indicated his attorney has contacted the property owner
on two different occasions. The property owner said he would have
the sign taken down, but the sign still
remains.Bertha Roble, 2975 N. Rippling Creek Drive, said she had kept
the neighbors from ripping the sign down, hoping to have the
matter resolved by the
city.Council indicated they expected the matter to be resolved after
the september 24th council meeting. council wants the matter
resolved
immediately.Barbara DeNiro, 1118 E. Adams, addressed the council regarding
a problem with election signs on the CSEA building occupied by
the union, located at the corner of Collins and Cambridge. She
has called the school district about this. She does not feel the
signs should be there. council will mention it at the next
City-Schools Coordinating committee meeting. (
EII00.0)Councilman Spurgeon did not feel this was a problem the
city should get involved in, since this is school district property,
not
city property.
Page
288
CITY COUNCIL MINUTES OCTOBER 22, 1991
10. ORAL PRESENTATIONS (Continued)
Bob Bennyhoff, 10642 Morada Drive, alerted Council that the Board of
Supervisors is now considering Gypsum Canyon for a land bank. He
feels the door is open for a landfill fight in about 10-15
years.Mayor Beyer indicated he would write a letter to the Board
of Supervisors, voicing opposition. Councilwoman Coontz said this
issue will be of great interest to the Integrated Waste
Management Commission in years to
come.
RECESS The City Council recessed at 4:30 p.m. to a Closed Session 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.b.To confer with its attorney regarding potential
litigation pursuant to Government Code section 54956.9(b) (
1).c.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.
ADJOURNMENT The City council adjourned at 5:00 p.m. to a Joint Work Study
Session with the Planning commission on October 29, 1991 at 8:00 A.M. in
the Weimer Room for the purpose of reviewing the Aegis Partnership
Report and the cotton/Beland Associates High Rise
Study.A-(1r ~ f?tffJ?-?1/
ILYN J. NSEN, c.. T CLERK
Page 9