3/14/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MARCH 28, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 14,2000
The City Council of the City of Orange, California convened on March 14,2000 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Ms. Pansy Barton, Assistance League of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Girl Scouts ofthe City of Orange presented the colors and lead the Pledge.
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Tape 124
A proclamation honoring Girl Scout Week - Be Your Best Day, March 12, 2000, in
celebration of the 88th Anniversary of the Girl Scouts of the USA, was presented to
Norma Hockensmith, Orange Community Relations Chairman.
Mayor Coontz announced that every ten years, the U.S. Government conducts a census to
count all persons living in the United States. This week the U.S. Census is mailing out
census forms to all households. A household member will be asked to complete the form
and mail it back before April I. It is very important that someone in each household
complete the questionnaire and mail it back to the Census Bureau by April I, 2000. The
Census is important for the following reasons: I)The federal govemment uses census
numbers to allocate over $100 billion in federal funds annually for community programs,
including education, housing, health-care and job training; 2) State and local governments
use census information for planning and allocating funds for construction of new schools,
libraries, and highways; 3) Community organizations use census information for
developing social service programs such as senior lunch programs and child-care centers;
and 4) Businesses use the numbers to decide where to locate factories and shopping
centers (leading to the creation of jobs in the area). The City of Orange is working with
Census 2000 by reminding its residents of the importance of the Census to the
community via water bill inserts, cable, public service announcements, posters in all
public facilities, articles in the Orange Progress, providing census forms at its libraries,
and by presenting a proclamation.
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CITY COUNCIL MINUTES
March 14, 2000
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued)
A Census 2000 proclamation was presented to Julie Lamly, Assistant Regional Manager
of the United States Census Bureau.
Mayor Coontz reported on Council's participation in the Olive Little League Opening.
Council Members will also be participating in the Principal for a Day Program through
the OUSD on March 15, 2000.
2.
PUBLIC COMMENTS
Tape 534
Robert West, P. O. Box 2793, Orange, presented a document to Council to review.
(C3500.0)
Carole Walters, (address on file), asked how long Collins Avenue will be closed to
traffic, expressing concern for emergency vehicle access. Ms. Walters commended the
City Manager and Fire Department on Grand Street on doing an outstanding job.
The Director of Public Works responded that Collins Avenue will not be closed until the
Walnut Bridge is reopened to traffic at the end of this month.
3.
CONSENT CALENDAR
Tape 695
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of March 14, 2000 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, 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.
3.2 Request Council Confirmation of warrant registers dated February 17, 24 and
March 2,2000.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting February 8 and 22,
2000.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
March 14, 2000
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Second Amendment to Consultant Agreement with Purkiss-Rose, RSI for Master
Plan of Parks, Recreation and Facilities. (A2100.0 AGR-2836.2)
SUMMARY: The Second Amendment to the Consultant Agreement with Purkiss-Rose,
RSI in the amount of $9,680 includes a fee increase for Purkiss-Rose, RSI's sub-
consultant, Hogle-Ireland, to perform additional work on the fee study. Hogle-Ireland
will perform land appraisals in East Orange for the formation of second Quimby district
for the collection of park fees. It is proposed that the City be divided into two districts for
purposes of determining residential fair market land values which will determine the
parkland dedication fees under the Quimby Ordinance.
MOTION: I) Approved the Second Amendment to Consultant Agreement between the
City and Purkiss-Rose, RSI, for the Master Plan of Parks, Recreation and Facilities in the
amount of $9,680; 2) Approved a transfer in the amount of $9,680 from Park,
Acquisition and Development Funds (510) unappropriated reserves to the Master Plan of
Parks Account No. 510-7021-485100-0008; and 3) Authorized the Mayor and City Clerk
to execute the amendment on behalf of the City.
FISCAL IMP ACT: After the fund transfer is executed, there will be appropriate funds to
pay for the first amendment fee increase in Account No. 510-7021-485100-0008 (Park
Acquisition-Master Plan of Parks): $9,680.
3.6 Agreement with A.E.F. Systems Consulting, Inc. to assist in the selection of new
financial management software. (A2100.0 AGR-3471)
SUMMARY: The City's financial management software (FMIS) is approximately 13
years old and is scheduled for replacement. Staff is recommending hiring A.E.F. to assist
in the selection of the new software. The scope of work proposed includes determining
and documenting the City's requirements of the software, identifYing potential vendors,
developing an evaluation methodology, preparing a Request for Proposal, reviewing
vendor proposals, coordinating vendor demonstrations and site visits, assisting in the
evaluation process and assisting in contract negotiations with selected vendor.
ACTION: Approved the agreement with A.E.F. Systems Consulting, Inc. to assist in the
selection of new financial management software for a not-to-exceed fee of $50,280 and
authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: Adequate funds are available and are budgeted in the Information
Systems Fund under the FMIS Software Project (790-1601-481303-9640).
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CITY COUNCIL MINUTES
March 14, 2000
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.7 Appropriate (transfer) Funds Received from Library Patron Donations and Rental
Book Revenues. (C2500.I)
SUMMARY: Donations from patrons and rental book revenues are collected over a
period of time. When funds reach a sufficient amount they are then appropriated to an
expenditure account to purchase books, videos, and CDs.
ACTION: I) Appropriated $5,400 received from patron donations to Account No. 100-
2001-443101-9986 (Library Materials) to purchase library books; and 2) Appropriated
$4,200 received from Account No. 100-2011-252100-9987 (Rental Book Revenues) to
Account No. 100-2001-443101-9987 (Library Materials for Rental Books) to purchase
additional rental books and tapes.
FISCAL IMPACT: None.
BIDS
3.8 Final Contract Change Order to Sequel Contractors, Inc.; Bid No. 990-01; Project
No. SP-3239-A, Phase lA, Street Rehabilitation Improvements for Tustin Street
from Chapman Avenue to La Veta Avenue. (A2100.0 AGR-3309)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in
final as-built quantities at contract unit price and unforeseen extra work beyond the
original scope of work. The total contract cost for Phase 1A is $587,302.14.
ACTION: Approved a Contract Change Order in the amount of $21,367.14 to Sequel
Contractors, Inc. for the additional quantities at contract unit prices and extra work at
agreed price.
FISCAL IMPACT: Funds are budgeted or are available in Account No. 272-5011-
483300-4037 (Gas Tax) $21,367.14
3.9 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Ranco Corporation
b. Sempra Energy
c. Cary Ezell
d. Ralph and Linda Zehner
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CITY COUNCIL MINUTES
March 14,2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None.
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Professional Services Contract with National Engineering Technology (NET)
Corporation. (A2100.0 AGR-3470)
SUMMARY: This contract with National Engineering Technology (NET) Corporation
in the amount of $110,549.00 will provide professional services to develop a new state-
of-the-art traffic surveillance and management center for the City.
ACTION: Approved contract and authorized Mayor and City Clerk to execute on behalf
of City.
FISCAL IMPACT: Funding for this project is available in the following accounts:
285-5032-483199-3126 (TSM Electronics, Visual/Data) $100,000.00
284-5032-483199-3126 (TSM Electronics) 45.750.00
$145,750.00
3.11 New contract with Standard Insurance Company for Employee Life and Long Term
Disability Insurance effective January 1,2000. (A2100.0 AGR-3469; AGR-3472)
SUMMARY: The new Standard Life contract will replace the Hartford Life and Long
Term Disability insurance with a 33.3% reduction of costs to the City of Orange.
ACTION: Approved a 36 month contract with Standard Insurance Company and
authorized Mayor and City Clerk to execute on behalf of City.
FISCAL IMPACT: The current budget and projected budget for the Fiscal Year 1999-
2000 contain adequate funding to accept the new Standard Life and Long Term Disability
programs. The terms of Standard Life Insurance and Long Term Disability contracts
include a 36 month contract with a 34.9% reduction in premiums ($18,851.00) for the
Basic Life product, 33.3% reduction for the Basic Accidental Death and Dismemberment
product, ($2,548.00) and 32.7% reduction to the Long Term Disability program,
($41,902.00). This in comparison to our existing insurance's through Hartford, is a
33.3% or $63,301.00 savings for each year of the contract. The cost of the contract per
year is $126,629.00.
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CITY COUNCIL MINUTES
March 14,2000
3. CONSENT CALENDAR (Continued)
EQUIPMENT PURCHASE
3.12 A sole source purchase from U. S. Traffic Corporation for upgrading Fail-Safe and
Conflict Monitor. (S4000.S.3.3)
SUMMARY: This is a sole source purchase order in the amount of $128,976.75 with
U.S. Traffic Corp. for upgrading Fail-Safe and Conflict Monitor units at 76 signalized
intersections in the City.
ACTION: Approved.
FISCAL IMPACT: Funding for this purchase order is available in Account No. 272-
5032-483100-6096 (Replacement of Failsafe Devices).
FINAL TRACT MAP
3.13 Request approval for the recordation of Final Tract Map No. 14550. (T4000.0 TRT-
14550)
SUMMARY: Sun Cal Companies is requesting that the City Council approve the
recordation of Tract Map No. 14550. This project is the first phase of the Serrano
Heights Development approved by Council as part of Tentative Tract Map 14550. All
plans have been approved, fees paid and bonds posted to guarantee improvements.
ACTION: Approved the request by Sun Cal Companies for the recordation of Final Tract
Map No. 14550.
FISCAL IMPACT: None.
LAND PURCHASE
3.14 Purchase oflO foot wide strip ofland at 733 N. Hewes Street. (A2100.0 AGR-3468)
SUMMARY: Purchase of a strip of land to be included within the widening of North
Hewes Street.
ACTION: Authorized the Mayor and the City Clerk to execute all escrow papers and
related documents for the purchase of a 10 foot wide strip of land located at 733 N.
Hewes Street. The purchase price is $6,761.00 plus related escrow costs.
FISCAL IMPACT: Funds are available in T.S.I.P. Area C - Account No. 285-5011-
483300-3243.
PAGE 6
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CITY COUNCIL MINUTES
March 14,2000
3. CONSENT CALENDAR (Continued)
QUITCLAIM
3.15 Quitclaim of an old Santa Ana Valley Irrigation Company Easement at 1534 I1a
Drive. (D4000.0)
SUMMARY: This S.A.V. 1. easement has been abandoned for many years and has been
offered to the adjoining property owners for their private use.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Brian R.
Matthews and Debbie Lynn Matthews for the S.A.V.1. easement located at 1534 I1a
Drive.
FISCAL IMPACT: The $75.00 fee has been deposited in Account No. 100-273500
(General Fund Revenue).
RATIFICATION OF DECLARATION OF EMERGENCY
3.16 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale
Tract).
ACTION: Approved.
RESOLUTIONS
3.17 RESOLUTION NO. 9231 (T4000.0 TRT-14360)
A Resolution ofthe City Council ofthe City of Orange upholding the recommendation of
the Planning Commission and approving a Tentative Tract Map to allow the subdivision
of 204 acres of property located in the Peralta Hills in "Serrano Heights", along Serrano
Avenue between Apache Creek and Nohl Ranch Roads, north of Santiago Creek and
Santiago Oaks Regional Park, into 425 single-family and 2 multi-family residential
parcels with 17 non-buildable open space lots.
Tentative Tract Map 14360, Applicant: SunCal Companies
ACTION: Approved.
3.18 RESOLUTION NO. 9232 (A2100.0 AGR-3262)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-40; W-590; Western Power
Industrial; Furnish and Install Engine-Driven Pump for Reservoir No.8.
ACTION: Approved.
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CITY COUNCIL MINUTES
March 14, 2000
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.19 RESOLUTION NO. 9233 (C2500.M.4.l)
A Resolution ofthe City Council of the City of Orange determining that there is a need to
continue the installation of a Methane Gas Control System at Yorba Park in response to
an emergency.
NOTE: Mayor pro tern Spurgeon abstained from voting on this item due to a conflict of
interest with his employment at Orange County.
Discussion: Carole Walters, (address on file), expressed support for the installation of the
Methane Gas Control System.
MOTION - Alvarez
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Alvarez
ABSENT - Spurgeon
Moved to approve Resolution No. 9233.
3.20 RESOLUTION NO. 9234 (A2100.0 AGR-3285)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-39; SP 3095; Hillcrest
Contracting, Inc.; Critical Intersection Improvements at Main Street and Chapman
Avenue.
ACTION: Approved.
3.21 RESOLUTION NO. 9235 (A2l00.0 AGR-3294)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-45; SP 3265; Fleming
Environmental, Inc.; The City of Orange Fire Station #8 Temporary Facility.
ACTION: Approved.
3.22 RESOLUTION NO. 9236 (A2l00.0 AGR-3309)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 990-01; SP 3239-A; Phase lA;
Sequel Contractors, Inc.; Street Rehabilitation Improvement for Tustin Street from
Chapman Avenue to La Veta Avenue.
ACTION: Approved.
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CITY COUNCIL MINUTES
March 14, 2000
3. CONSENT CALENDAR (Continued)
VEHICLE REQUEST
3.23 Request to use the Police Traffic Van in the Baker to Vegas Relay Race. (C2500.K)
SUMMARY: The Baker to Vegas Relay Race is a competitive running event that covers
120 miles. It began as a competition between the Los Angeles Police Department and the
Los Angeles County Sheriffs Department that has grown into an event for law
enforcement agencies nationwide. The City of Orange Police Department has
participated in this event for nearly a decade.
ACTION: Approved the use of the Police Traffic Van and gas for a follow vehicle in the
Baker to Vegas Relay Race, April 15 and 16, 2000.
FISCAL IMPACT: None.
MOTION - Alvarez
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item No. 3.19 was removed and heard separately. Mayor pro tern Spurgeon did not vote
on Item No. 3.19 due to a conflict of interest. The remainder of the Consent Calendar
was approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ
4.1 Update on Jail Issue.
Mayor Coontz gave the following report: Last week the City's uphill battle got a bit steeper. If
you read the full text of Measure F, you will discover that it makes the East Orange area
extremely vulnerable to a second maximwn security jail. For the taxpayers, the so-called remote
site will have serious financial and environmental impacts, and could tack an additional $150
million on to the jail's price tag. Orange is already home to the Theo Lacy Branch Jail, slated to
be the largest jail facility in the County. Armed with the Theo Lacy Agreement and our
extensive plans for East Orange, we will continue to fight on and fight against an additional jail.
Our City already carries far more than our fair share of County facilities. We deserve a break. If
we get a second jail, with Orange having only 5% of the County's population, we would be
handling 70% of the prisoners in the County of Orange, which is excessive.
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CITY COUNCIL MINUTES
March 14, 2000
5. REPORTS FROM COUNCILMEMBERS
OFF-AGENDA ITEM - MEASURE F
Councilman Alvarez commented he has been a supporter of Measure F (no airport at El Toro);
expressed delight that Measure F had passed on March 7th ballot; and indicated that over 67% of
the voters in Orange County voted in support of Measure F.
Mayor Coontz noted that under Measure F a 2/3rd's vote of the people in the County of Orange
could put ajail in the City of Orange.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 890
6.1 Appoint Furman Roberts and Beulah Liebich to fill the vacancy created by James
Smith and Gene Beckerbauer on the Orange Elderly Services, Inc. Board of Directors,
terms to expire 01/2001. (OR1800.0.2l)
Mayor Coontz commented that the Executive Director of Orange Elderly Services, Inc. has
recommended the appointments. Both individuals have contributed for many years to the Orange
Elderly Services Board of Directors.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
9.
NOTICED HEARINGS
Tape 912
9.1 ASSESSMENT OF NUISANCE ABATEMENT COSTS; 400 SOUTH FLOWER
STREET, UNIT 77. (C2500.G.3)
Time set for a noticed hearing on petition by the City of Orange to assess the costs of nuisance
abatement against the following property:
400 S. Flower Street, Unit 77; Assessor's Parcel No. 390-052-32
Property Owner: Jean Fletcher
Mayor Coontz explained the process, noting that the noticed hearings relate to health and safety
issues. When clean-up of the property is not performed within a reasonable amount of time, the
City has the responsibility to do the clean-up.
PAGE 10
CITY COUNCIL MINUTES
March 14, 2000
9. NOTICED HEARINGS (Continued)
Mayor Coontz recognized Jean Fletcher, 400 S. Flower Street, Unit 77, submitted a written
protest and objection to the charges. Ms. Fletcher expressed concern that many new or near new
items were thrown out; that she was being charged for boxes that were re-packed; and that she
was only allowed into her house during hours she was working. Ms. Fletcher said the money it
has taken her to replace items far exceeds the money she is being charged, but that she is willing
to pay $500.00 by March 17" and $200 per month thereafter until the balance has been paid.
The City Attorney referenced a four page log that was maintained by the Code Enforcement
Officer, noting that this matter began with a complaint received on September 9, 1998. The
Police Department and Health Department were also involved. He explained that one-half of the
cost of the abatement work payment would be due to the County Assessor and Tax Collector in
December, 2000. The other half of the payment would be due in April, 2001.
Councilman Alvarez commented the invoice for services rendered to clean up the property was
reasonable, considering the extent of the clean up.
Mayor Coontz commented that a lot of personal attention was given to the clean up effort, noting
that all the valuables found interspersed throughout the house were carefully placed in separate
containers on the kitchen table. The City is not only concerned about the health and safety of the
individual property, but the adjoining properties as welL There being no further speakers, Mayor
Coontz closed the Noticed Public Hearing.
RESOLUTION NO. 9238
A Resolution of the City Council of the City of Orange confirming the report of charges for
abating a nuisance at property located at 400 South Flower Street, Unit 77, APN # 390-052-32,
and ordering that said charges be assessed against the property and its owner.
MOTION - Alvarez
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9238.
9.2 ASSESSMENT OF WEED ABATEMENT COSTS; 405 NORTH CYPRESS
STREET (C2500.H.2)
Time set for a noticed hearing on petition by the City of Orange to assess the costs of weed
abatement against the following property:
405 North Cypress; Assessor's Parcel No. 039-142-12
Property Owner: David Lloyd Cuthbert
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CITY COUNCIL MINUTES
March 14,2000
9. NOTICED HEARINGS (Continued)
The City Attorney commented that Mr. Cuthbert submitted a written response to the noticed
hearing, claiming the Fire Department had sent invoices to an incorrect address. The City
Attorney indicated a notice was sent to Mr. Cuthbert on July 24, 1998 at the address which Mr.
Cuthbert claimed to be his correct address in his letter of March 14, 2000. However, the July 24,
1998 letter was returned to the City, with no forwarding address on file. Many attempts were
made by the Fire Inspection Officer to obtain an address for Mr. Cuthbert. The City Attorney
noted that Mr. Cuthbert also disputes the $350 administrative fee for which he believed he was
being charged twice. The City Attorney explained the invoice amount remained the same,
regardless of whether or not Mr. Cuthbert had received the first invoice. No one spoke on this
item.
RESOLUTION NO. 9239
A Resolution of the City Council of the City of Orange confirming the report of charges for
abating weeds at property located at 405 North Cypress Street, APN # 039-142-12, and ordering
that said charges be assessed against the property.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9239.
9.3 ASSESSMENT OF WEED ABATEMENT COSTS; VACANT LOT EAST OF 731
N. MALLARD ST. (ADJACENT TO THE FLOOD CONTROL CHANNEL). (C2500.H.2)
Time set for a noticed hearing on petition by the City of Orange to assess the costs of weed
abatement against the following property:
Vacant lot east of731 North Mallard Street and adjacent to the flood control channel; Assessor's
Parcel No. 383-071-05; Property Owner: Avedis and Joqulen Kasparian. No one spoke on this
item.
RESOLUTION NO. 9240
A Resolution of the City Council of the City of Orange confirming the report of charges for
abating weeds at property located at the vacant lot east of 731 North Mallard Street and adjacent
to the flood control channel, APN # 383-071-05, and ordering that said charges be assessed
against the property.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
March 14, 2000
9. NOTICED HEARINGS (Continued)
Moved to adopt Resolution No. 9240.
9.4 ASSESSMENT OF NUISANCE AND WEED ABATEMENT COSTS; 908 EAST
LINCOLN AVENUE AND 2012 NORTH SHAFFER STREET (C2500.H.2)
Time set for a noticed hearing on petition by the City of Orange to assess the costs of nuisance
and weed abatement against the following properties:
908 East Lincoln Avenue; Assessor's Parcel No. 374-491-10
2012 North Shaffer Street; Assessor's Parcel No. 374-431-13
Former Property Owner: Samuel Cooper - No one spoke on this item.
RESOLUTION NO. 9241
A Resolution of the City Council of the City of Orange confirming the report of charges for
abating weeds and nuisances at property located at 908 East Lincoln Avenue, APN # 374-491-
10, and ordering that said charges be assessed against the former property owner.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9241.
RESOLUTION NO. 9242
A Resolution of the City Council of the City of Orange confirming the report of charges for
abating weeds and nuisances at property located at 2012 North Shaffer Street, APN # 374-431-
13, and ordering that said charges be assessed against the former property owner.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9242.
10. LEGAL AFFAIRS - None
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES
March 14,2000
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:23 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation: Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No.
78 02 84; City of Orange v. County of Orange, U. S. District Court Case No. SACV99-
1 563AHS(ANx)
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - potential
litigation: Siting of Jail Facility
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City
Negotiator: Personnel Director Steven Pham; Employee Organizations: Executive Directors
and Top Management and Part-time and Seasonal Employees
d. Public employee performance evaluation pursuant to Government Code Section 54957: City
Manager
e. 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 ofthe matters will not be considered in Closed Session.
7:00 P.M. SESSION
PRESENTATIONS
Mayor Coontz introduced the "Orange Chiefs Midget Cheerleaders" - 19 girls ranging in ages
from 9-14 who cheer for Orange County Jr. All-American Football. The Orange Chiefs Midget
Cheerleaders performed at the opening of the Olive Little League. The girls have been together
as a group since August, 1999 and have taken the first place prize in three major cheerleading
competitions, in October, 1999 at the Orange County Junior All American Football Cheer
Competition in Cerritos, in November, 1999 at the JAMZ Junior Regional at Magic Mountain,
and in February, 2000 they earned first place at the JAMZ Junior National in Las Vegas. The
Orange Chiefs Midget Cheerleaders performed for the Mayor and City Council. Mayor's
Outstanding Performance Certificates were presented to Coach Bernie Gbondo to distribute to
each girl. (C3500.0)
13.
PUBLIC COMMENTS
Tape 1728
Carole Walters, (address on file), commented on Measure F and indicated she has a new web
site.
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CITY COUNCIL MINUTES
March 14,2000
14.
PUBLIC HEARINGS
Tape 1795
14.1 APPEAL NO. 467 BY SOUZAN AYOUB, CONDITIONAL USE PERMIT NO.
2304-99, LUXOR RESTAURANT: (A4000.0 APP- 467)
The public hearing to consider Appeal No. 467 by Souzan Ayoub concerning the Planning
Commission's denial of Conditional Use Permit 2304-99 to expand a restaurant with a shared
parking agreement on property addressed 2680-2688 N. Santiago Boulevard to allow amplified
music as a supplement to live entertainment and to allow operations on nights other than Friday,
Saturday and Sunday was continued from January 25, 2000. NOTE: This project is
categorically exempt from the provisions of the California Environmental Quality Act per State
CEQA Guidelines Section 15303.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"I am appealing the decision from the commission Board from the October 4th public hearing.
The decision was made because of undue influence from my neighbors "Salon Dusserre." The
conditions I am proposing will in no way hann the surrounding neighborhood. When given the
chance I will prove that my proposal to change my c.u.P. is within guidelines. I am a hard
working business owner trying to make my business more prosperous. I am looking forward to
seeing you the Council at the appea1."
Mayor Coontz noted that letters to withdraw the appeal were received on March 14,2000 from
the former owner of the Luxor Restaurant, Souzan Ayoub, and Senior Owner of the Luxor
Restaurant, Ezzat Walan.
MOTION - Spurgeon
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to withdraw the appea1.
14.2 ORDINANCE AMENDMENT NO. 1-00, OVERSIZED GARAGES IN
RESIDENTIAL ZONES, CITY OF ORANGE (A2500.0 Zoning, Garages) Tape 1830
Time set for a public hearing on petition by the City of Orange to consider a proposed
amendment to the Zoning Ordinance to add provisions for site plan review of oversized garages
in the residential zones. Such provisions are necessary to ensure that oversized garages are
appropriately designed to preserve the scale and character ofthe residential neighborhood.
The Planning Manager reported this amendment was triggered by a residential project where a
very tall oversized garage was built in a single-family zone. The garage was out of scale with the
neighborhood. However, since it met all code requirements, the project was approved. Council
directed the Planning Commission to study possible solutions that might allow oversight to these
types of projects in the future. The Planning Commission's recommendation is to require a
minor site plan review for attached or detached garages which have garage doors that exceed 8
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CITY COUNCIL MINUTES
March 14, 2000
14. PUBLIC HEARINGS (Continued)
feet in height and that residential garages be designed and constructed to accommodate motor
vehicles typically associated with single-family household uses.
Councilman Alvarez asked how the Ordinance Amendment would affect people wanting to build
a structure for a motor home? How does the FAR (floor area ratio) come into play? The
Planning Manager explained once submitted to staff, the site plan goes to the Staff Review
Committee to look at code compliance and minor site plan review criteria, and community
aesthetics. The Staff Review Committee can approve the project if they feel it is appropriate,
well designed, and fits in with the neighborhood. If there are great concerns, the Staff Review
Committee can deny the site plan. It could then be appealed, or the Staff Review Committee
could recommend that the Planning Commission consider it. Unless appealed, notification
would not be provided to the neighborhood. No changes are proposed relative to building
setbacks, height, or floor area ratio.
Mayor Coontz asked what the parameters are on accessory units? She indicated that complaints
have been received relative to large accessory (garage-like) units being used for woodworking
production. The Planning Manager explained the code restricts accessory units to 50% of the
size of the principal structure. The FAR covers all structures on the site.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Carole Walters, (address on file), commented that every issue should be looked at separately.
The subject garage in her neighborhood looks nice.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
COUNCIL COMMENTS:
Mayor pro tern Spurgeon expressed support for adding the provision requiring a site plan review
of oversized garages in residential zones. He wants assurance there are not a lot of "blimp
hangers" in the neighborhood.
Mayor Coontz indicated when this issue first came up she had asked the Planning Department to
look into the issue of second stories which are incompatible with the surrounding single-family
neighborhoods that were designed as a tract. With any addition in a single-family neighborhood,
the issue of architectural compatibility with the building itself, as well as the building's
architectural compatibility with the neighborhood, is important and needs to be addressed.
The Planning Manager explained there is architectural criteria review with respect to garage
doors which exceed 8 feet in height.
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CITY COUNCIL MINUTES
March 14, 2000
14. PUBLIC HEARINGS (Continued)
Councilman Slater commented that he had brought this matter forward because one particular
neighbor was outraged with this oversized garage located in a single-family neighborhood.
Councilman Slater felt this project was significant enough to merit some extra review.
Councilman Slater concurred with the recommendations of the Planning Commission, which will
help prevent inappropriate projects such as this one in neighborhoods.
Councilman Alvarez asked what prevents a garage door height from exceeding 8 feet in height if
the FAR does not change? The Planning Manager explained in a traditional type of single-
family zone, outside of Old Towne, a house could be expanded as long as it stays within the floor
area ratio criteria and meets the maximum height of two stories or 32 feet as setbacks in the
front, back, and side yard. The FARis not relevant to the height of a garage door. FAR
measurers bulk and mass.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to find that Ordinance Amendment 1-00 is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the State CEQA
Guidelines.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Ordinance Amendment 1-00 as outlined in Planning Commission Resolution
No. PC-9-00.
15. PLANNING AND ENVIRONMENT - None
16. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 7:35 p.m.
JOANNE COONTZ
MAYOR
CASSANDRA J. CATHCART, CMC
CITY CLERK
PAGE 17
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