4/11/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON APRIL 25, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 11, 2000
The City Council of the City of Orange, California convened on April 11, 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
Pastor Larry Powers, Plaza Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Cub Scout Pack No. 850 presented the colors and led the Flag Salute in honor of the City
of Orange's 112th Birthday.
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Tape 118
Resolution No. 9247 was presented to Jack McGee expressing appreciation on his
retirement from the Community Development Department and commending him for over
28 years of loyal and dedicated service to the City of Orange. A Certificate of
Recognition was presented to Jack McGee on behalf of State Senator John Lewis.
A proclamation recognizing April 8-17, 2000 as "Record-A- Thon Week" for the Orange
County Studio of Recording for the Blind and Dyslexic was presented to Terry Brick,
Director of Development.
A proclamation recognizing April 9-15, 2000 as "National Library Week" was presented
to Kay Massa, Chair, Library Board of Trustees.
Certificates of Appreciation were presented to Shirley Perkins, Shirley McCarty, Sherry
Branson and Berna Stelson in recognition of providing "1000 Volunteer Hours" to the
Orange Public Library.
Members of Cub Scout Pack #850 gave a presentation to Council recognizing the City's
112th anniversary and the 90th anniversary of Boy Scouting. Mr. John Skaggs, Assistant
Cub Master, was presented a proclamation honoring scouting on its 90th anniversary.
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CITY COUNCIL MINUTES
April 11, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Coontz announced:
· April 15, 2000 - Orange will hold the 5th Annual Earth Day Celebration at Fred Kelly
Stadium. In addition, the City's Dash for DARE track meet, the largest track meet in
Southern California, will be held in cooperation with the Community and Library
Services Department and Orange Police Department, Orange Unified School District,
and community volunteers. The track meet helps to focus the youths of the
community on positive drug-free alternatives. The track meet will begin at 8:30 a.m.
· April 15, 2000 - Christmas In April Day. Approximately four sites will be
rehabilitated in the City of Orange by volunteers under the program.
· April 22, 2000 - Community Services' Eggstravaganza at Hart Park. A pancake
breakfast sponsored by the Kiwanis Club will start off the event at 8:00 a.m. The
Easter egg hunt will begin at 10:00 a.m.
Councilman Alvarez announced that today he was a celebrity reader at Chapman Hills
Elementary School. Mr. Mountain's 5th grade class presented him with a nice rainbow
pen.
2.
PUBLIC COMMENTS
Tape 880
Lisa Ackerman, 2295 N. Tustin #28, expressed concern with graffiti in the City. The
Director of Community and Library Services responded the City's aggressive program
works closely with the Police Department. Unfortunately, due to spring break, more
graffiti is being seen. The Police Chief reported two new tagging crews have been
identified in the City; two boys were apprehended a few weeks ago; and the Police
Department is working on identifying others.
Roy Shahbazian, 3808 E. Palm Avenue, thanked Council and staff for accelerating the
progress on the bikeways Master Plan implementation. It is hoped that funding for the
Tustin Branch and Santiago Creek trails will be a priority when considering Capital
Improvement Projects for the City.
Carole Walters, (address on file), commented on the Walnut Street opening and expressed
concern with taxpayer monies being spent on court costs.
Barbara DeNiro, (address on file), expressed concern with permanent year-round portable
toilets at Yorba Middle School. Mayor Coontz suggested Ms. DeNiro address this issue
to the Orange Unified School District Board.
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CITY COUNCIL MINUTES
April 11, 2000
3.
CONSENT CALENDAR
Tape 1160
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 11, 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 March 23 and 30, 2000.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, March 28, 2000.
Continued to April 25, 2000.
3.4 Consideration to waive reading in full of all ordinances and resolutions on the
Agenda.
ACTION:
Approved.
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.5 Award of Professional Engineering Services Agreement to KFM Engineering, Inc.
for Tustin Branch Trail.
SUMMARY: This contract will authorize the consultant to prepare a technical
alignment/feasibility study for a multi-purpose trail from the City's southerly boundary
(at Fairhaven Avenue) to Santa Ana River Bike Trail along the abandoned Union Pacific
Railroad right-of-way in the Cities of Orange and Villa Park, Cities of Orange and Villa
park's roads, and Santiago Creek embankments. KFM Engineering Inc. retained as a
consultant to provide the professional engineering services for an amount of$146,000.
FISCAL IMPACT: Upon appropriation, funds will be available in Account No. 550-
5011-486700-6100 (OCTA - TEAl Program - STPE) $146,000.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to April 25, 2000.
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CITY COUNCIL MINUTES
April 11, 2000
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.6 Award of Professional Engineering Services Agreement to KFM Engineering, Inc.
for Santiago Creek Trail from City of Orange/City of Santa Ana boundary line to
SR-55 at Palmyra Avenue.
SUMMARY: This contract will authorize the consultant to prepare a technical
alignment/feasibility study for the trail along Santiago Creek. KFM Engineering, Inc.
retained as a consultant to provide the engineering services for an amount of$81,385.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts:
245-5011-486700-6099 $61,497 (AB 2766 Air Pollution Reduction)
245-5011-486700-6099 $64,000 (Measure M)
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to April 25, 2000.
3.7 Amendment to Agreement with Hydrosolutions of California, Inc. for Phase 3 of
underground fuel contamination cleanup at the Water Yard. (A2100.0 AGR-3192.2)
SUMMARY: In November 1998, the City entered into a contract with Hydrosolutions of
California to perform all tasks required to assess the extent of the soil contamination from
the old underground fuel tanks at the Water Yard. This assessment has been completed
and the results reviewed by the Orange County Health Care Agency (OCHCA). OCHCA
is requiring a cleanup program utilizing Vapor Extraction. Hydrosolutions has prepared a
work plan that has been approved by OCHCA. Hydrosolutions has prepared Proposal
No. 00308-06 for the third phase that has been approved by OCHCA in the amount of
$39,840.25.
ACTION: Approved Amendment to Agreement and authorized Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are available in Account No. 720-5023-484400-9856
(Underground Storage Tanks).
(REMOVED AND HEARD SEPARATELY)
3.8 One Year Agreement with Signs of Support, Inc. (A2100.0 AGR-3485)
SUMMARY: Signs of Support is a locally-owned business that helps cities increase
funding to youth programs by enlisting advertising from local companies and
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CITY COUNCIL MINUTES
April 11 , 2000
3. CONSENT CALENDAR (Continued)
corporations. Signs of Support (SOS) will place signs on City-owned vehicles with the
exception of safety vehicles. The sign advertises the name of a local business and states
that the business supports Orange youth. The revenue created is shared with the City
designated for key programs.
FISCAL IMPACT: The Departments of Public Works and Community & Library
Services have identified approximately 75 trucks that could potentially be used. If
advertising was consistently provided on each available truck for a 12-month period at
the maximum rate of $100 per month (with the City receiving one-half that amount), the
program could generate a maximum of $45,000 annually for City youth programs.
Councilman Alvarez asked how the City will regulate the signs? Will the advertising be
limited to certain vehicles? The Director of Community and Library Services explained
that he and the City Manager will oversee the advertising. The vehicle signs will read
"We Support Orange's Youth". Approximately 75 non-safety vehicles have been
identified for the first phase. Signs will not be placed on police or fire safety vehicles.
Mayor Coontz questioned the uniformity of the signs on the vehicle. The Director of
Community and Library Services explained the 10' x 48' signs would be placed on the
back of the vehicle only.
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to: 1) Approve the agreement between Signs of Support and the City to provide
advertising on non-emergency vehicles as outlined in the report, and authorize the Mayor
and City Clerk to execute agreement on behalf of the City; 2) approve deposit of
advertising money in Account No.1 00-7001-293800-0000-12190 (advertising income for
youth programs); 3) approve the slogan "We Support Orange's Youth"; and 4) direct staff
to return to City Council just prior to the end of the contract with a status report on the
program.
APPROPRIATIONS
3.9 Appropriation of Local Law Enforcement Block Grant (LLEBG) 98 funds to
purchase a voice recording system from Voice Print, Inc. for the Police
Department's Dispatch/Communications Center. (C2500.K)
SUMMARY: The Police Department needs to upgrade its current voice communication
system with one that is compatible with the new computer-aided dispatch system and
provides a more stable and reliable means of preserving recordable evidence.
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CITY COUNCIL MINUTES
April 11, 2000
3. CONSENT CALENDAR (Continued)
ACTION: 1) Appropriated $29,663.58 to Account No. 353-4011-471301-2224 (Federal
Police Grants - Police Administration-Furniture, Machinery, Equipment Additions); and
2) authorized the purchase of a voice recording system from Voice Print, Inc. in the
amount of$29,663.58.
FISCAL IMPACT: Umeserved fund balance is available in the 98 LLEBG FUND to
fund this appropriation.
(REMOVED AND HEARD SEPARATELY)
3.10 Accept donation from Orange Emblem Club and appropriate funds to the DARE
Program for purchase of hats and shirts. (C2500.K)
SUMMARY: The Orange Emblem Club selected the Police Department's DARE
Program as a beneficiary of funds for the purchase of hats and shirts.
FISCAL IMPACT: None.
Sharon Sleppy, 560 N. Milford Street, commented that the Orange Emblem Club is
privileged to be able to increase the amount of money they have given each year to the
DARE Program.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to: 1) Accept the donation of$I,225 from the Orange Emblem Club with thanks;
and 2) appropriate $1,225 to Account No. 100-4001-449600-2305 (General Fund-Office
of the Chief-Miscellaneous Expenditures-DARE Program) for the purchase of hats and
shirts.
3.11 Appropriation of $25,000 for Vista Royale security enforcement to Patrol One.
(A2100.0 AGR-3279.B.l)
SUMMARY: During the month of May 1999, the City Manager, in his capacity as
Director of Emergency Services, ordered the evacuation of 15 homes in the Vista Royale
area, five in Peralta Pointe and ten on Vista Crest Road. At its meeting on July 13, 1999,
the City Council approved an agreement with Patrol One for security services at the Vista
Royale area on a 24-hour basis.
ACTION: 1) Approved and authorized the Mayor and City Clerk to sign the first
amendment to the contract in the amount of not to exceed $100,000 to Agreement 3279B,
on behalf ofthe City, with Patrol One to continue to provide security services in the Vista
Royale area; and 2) appropriated from SelfInsurance Fund umeserved fund balance
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CITY COUNCIL MINUTES
April 11, 2000
3. CONSENT CALENDAR (Continued)
$25,000 to Account 740-4011-427800-00106 (Self Insurance-Liability Fund-Police
Administration-Contractual Services-Vista Royale).
FISCAL IMPACT: Umeserved fund balance is available in the Liability Fund to make
this appropriation. The City is monitoring all emergency expenses pertaining to this issue
and will, if possible, seek reimbursement for all costs.
BIDS
3.12 Approval of plans and specifications and request for authorization to advertise for
bids for the Katella Avenue sidewalk and streetscape improvements from the Santa
Ana River to 1000' east on Katella Avenue - Project SP-3307. (S400.S.3.2)
SUMMARY: Plans and specifications have been completed for the Katella Avenue
sidewalk and streetscape improvements. The project is ready to be advertised for bids.
The estimated construction cost is $297,174.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Katella Avenue sidewalk and streetscape improvements.
FISCAL IMPACT: Funding for this project will be provided through the Orange
Redevelopment Agency. Funds will be appropriated from the Northwest Tax Exempt
bond proceeds in conjunction with the award of the construction contract.
3.13 Final Contract Change Order; Bid No. 989-41; Project No. D-130, WalnutlGlassell
Storm Drain Construction. (A2100.0 AGR-3308)
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 this project is $667,136.42.
ACTION: Approved a Contract Change Order in the amount of $49,136.42 to Paulus
Engineering, Inc. for the additional quantities at contract unit prices and extra work at
agreed price.
FISCAL IMPACT: Funds in the amount of $49,136.42 are budgeted in Account No.
310-9645-483400-5107 (CDBG Storm Drain).
3.14 Final Contract Change Order; Bid No. 989-39; Project No. SP-3095, Critical
Intersection Improvements at Main Street and Chapman Avenue. (A2100.0 AGR-
3285)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in
final as-built quantities at contract unit prices and unforeseen extra work beyond the
original scope of work. The total contract cost for this project is $878,216.09.
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CITY COUNCIL MINUTES
April II, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved a Contract Change Order in the amount of $45,929.84 to Hillcrest
Contracting, Inc. for the additional quantities at contract unit prices and extra work at
agreed price.
FISCAL IMPACT:
(Measure M lIP)
Funds are budgeted III Account No.
$45,929.84.
550-5011-483300-3229
(REMOVED AND HEARD SEPARATELY)
3.15 Project No. SP-3290, Street Monuments and Entry Signs, approval of plans and
specifications and advertising for bids. (S4000.S.3.3)
SUMMARY: Plans and specifications have been completed for the Street Monuments
and Entry Signs at various entryway locations to the City. The project is ready to be
advertised for bids. The estimated construction cost is $214,000.
FISCAL IMPACT: Funds are budgeted and available in the following account: 500-
5011-485100-3100 $188,000.00 (CIP - Street Monument). If any additional funds are
needed, an appropriation will be recommended at contract award.
Mayor Coontz commented that the City Hall parking lot sign appears to have termite
damage, and hopes that the program can be expanded to look at the condition of other
signs which identifY public buildings in the City.
MOTION - Spurgeon
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve plans and specifications and authorize advertising for bids for the
Street Monuments and Entry Sign improvements.
3.16 Bid No. 990-33, the recoating of the exterior of Reservoir Numbers 2A, 4, 6, and
East Collins reservoir. (C2500.P)
SUMMARY: Reservoir Numbers 2A, 4, 6, and East Collins Reservoir are steel water
storage tanks located at 2444 Vista Point Road, 5300 East Avenida Palmar, 6104 East
Carver Lane, and 2930 East Collins Avenue respectively. The work entails complete
exterior surface preparation and painting of the four water reservoirs.
ACTION: Authorized the advertisement for bids for the exterior recoating of Reservoir
Numbers 2A, 4, 6, and East Collins Reservoir.
FISCAL IMPACT: Funds are budgeted and available in account numbers:
601-8041-484400-8216 - Wanda CollinslReservoir 4
601-8041-484400-8322 - Reservoir Repainting
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CITY COUNCIL MINUTES
April 11, 2000
3. CONSENT CALENDAR (Continued)
CLAIMS FOR DAMAGES (C3200.0)
3.17 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Melissa Clark Starrett
b. Elizabeth Evenoff
FISCAL IMPACT: None.
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
PURCHASE
3.18 Purchase of New Wall and Counter Aerial Photographs from Landiscor Aerial
Information. (C2500.M)
SUMMARY: Request authorization to purchase new wall and counter aerial photographs
from Landiscor Aerial Information.
ACTION: Authorized purchase of new wall and counter aerial photographs from
Landiscor Aerial Information in the amount of$46,212.23.
FISCAL IMPACT: Funds in the amount of $46,212.23 are budgeted in the Current
Planning, Photo and Blueprint Supplies, Account No. 100-6021-445200.
RATIFICATION OF DECLARATION OF EMERGENCY
3.19 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale
Tract).
ACTION: Approved.
3.20 Review the need to continue the installation of a methane gas control system at
Yorba Park in response to an emergency. (C2500.M.4.I)
ACTION: Approved.
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CITY COUNCIL MINUTES
April 11, 2000
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.21 RESOLUTION NO. 9244 (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 part-time and seasonal employees of the City
of Orange effective March 1,2000 through and including June 30, 2002, and repealing
Resolution No. 8935 and amendments thereto, for said employees.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.22 RESOLUTION NO. 9248 (S4000.S.3.1.2)
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9081,
and adopting a revised Master Resolution of Permit Parking areas within the City
of Orange.
The following streets would be added to Neighborhood Parking Permit Program Area
"A":
Sycamore Ave. between Harwood St. and Shaffer St.
North side of Palm Ave. between Shaffer St. and Pine St.
Cleveland St. between Sycamore Ave. and Palm Ave.
Harwood St. between Sycamore Ave. and Palm Ave.
Pine St. between Sycamore Ave. and Palm Ave.
Sycamore Ave. between Glassell St. and Cypress St.
Lemon St. between Walnut Ave. and Palm Ave.
Olive St. between Walnut Ave. and Sycamore Ave.
North side of Walnut Ave. between Lemon St. and Olive St.
Note: Councilman Slater abstained from voting on this item due to his residence being
located within 300 feet and two properties within the jurisdiction.
Mayor Coontz commented that this resolution was initiated due to traffic problems
resulting from Chapman University. What is Chapman University doing to resolve the
parking structure problems and other issues regarding their parking now and in the
future? Mayor Coontz noted that this issue has been brought up many times.
The Planning Manager responded that staff has been in contact with Chapman University
over the past few weeks to discuss a Parking Management Plan to be implemented by the
University. Chapman University indicated they have retained a consultant to prepare a
PAGE 10
CITY COUNCIL MINUTES
April 11, 2000
3. CONSENT CALENDAR (Continued)
Parking Management Plan; will bring forward their plan in the next month or two; and
work with staff to address the issues of concern.
Mayor Coontz commented that the City needs to monitor the parking permit area
perimeters to see if people are parking in the neighborhoods beyond those areas.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAIN- Slater
Moved to approve Resolution No. 9248.
3.23 RESOLUTION NO. 9251 (A2100.0 AGR-1147.A.4)
A Resolution of the City Council of the City of Orange to adopt and execute Amendment
4 to the First Amended and Restated Joint Exercise of Powers Agreement creating the
FoothilllEastern Transportation Corridor Agency.
ACTION: Approved.
3.24 RESOLUTION NO. 9255 (C2500.H.2)
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9239
regarding assessment of property located at 405 North Cypress Street, APN # 039-142-
12.
ACTION: Approved.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item No. 3.3 was continued to April 25, 2000. Item Nos. 3.5, 3.6, 3.8, 3.10, 3.15, and
3.22 were removed and heard separately. Councilman Slater abstained on Item No. 3.22.
END OF CONSENT CALENDAR
********
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CITY COUNCIL MINUTES
April 11, 2000
4.
REPORTS FROM MAYOR COONTZ
Tape 1604
Santiago Hills Phase II
Mayor Coontz gave the following report: Today the City Council received a packet from The
Irvine Company entitled "Santiago Hills Phase II". The application for Santiago Hills Phase II
was filed today. We were expecting The Irvine Company to start their development in East
Orange in 1989 or 1990, after the approval of the East Orange General Plan, which didn't happen
because of the recession, some cash flow problems, and because the Eastern Transportation
Corridor was not completed. We are pleased that The Irvine Company has submitted a plan that
is much more in keeping with today's City of Orange than the ten year old East Orange General
Plan. There is a large suburban instead of a largely commercial development in the first phase of
this East Orange Plan. The Irvine Company has changed the plan to accommodate more
residential and less commercial. An 87% reduction of commercial space is significant. The 1.7
million square feet of commercial office space has been scaled down to 220,000 square feet. I
think they realized with the activity on the west end and The Block that the commercial space
was not needed. There is a 166% increase in parks and open space, increased from 56 to 149
acres. That includes 39 acres of preserved wetlands, equestrian and hiking trails to connect the
two regional parks, three parks, and preservation of the areas most prominent hilltop. Only 1/3rd
of the traffic originally allowed under the General Plan of 1989 was retained. And most
important to all the people in East Orange is the deletion of plans to extend Canyon View and
Fort Road into the new community. There is a designated site for a K-6 school to serve students
in the new Santiago Hills Phase II community. The Irvine Company always builds schools in
their projects.
The Council has not yet had the opportunity to study the proposal in depth. We have been
talking to representatives of The Irvine Company, including Dan Young and Carol Schroeder.
Carol Schroeder is a native of the City of Orange and worked on the previous General Plan.
Things have changed in Orange in the last ten years and that is why the changes are taking place
in this particular development. I think that The Irvine Company has recognized the changes and
it is going to be beneficial to the City of Orange. We look forward to working with them and
hearing more from them. This project has to go through the Planning Department, Design
Review Committee, Planning Commission, etc. This is only the beginning.
5.
REPORTS FROM COUNCILMEMBERS
Tape 1604
5.1 Councilman Alvarez - Request the City Manager provide a report to Council on the
different activities and projects the City is jointly involved with the Orange Unified School
District. (S 1200.A)
Councilman Alvarez indicated he brought this issue forward as Council is constantly being asked
what the City is doing for the children and what is going on with the schools in the City.
The City Manager provided an overview of Joint Efforts/Programs between the City of Orange
and Orange Unified School District.
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CITY COUNCIL MINUTES
April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
RECREATION FACILITIES/PROGRAMS
. McPherson Athletic Facility
City constructed soccer fields, restroom/concession building, and playground equipment on
school site and provides on-going maintenance in exchange for joint use.
. Killefer ParklRichland School
City pays landscape maintenance and utility costs at Richland School athletic fields and
playground in exchange for joint use.
. EI Modena High School Pool
City contributed half of the construction costs for Orange and El Modena High pools in
exchange for use ofthe pools at no cost. City currently only uses pool at EI Modena High.
. After School Recreation at Prospect School
City provides after school recreation and youth sports programs at Prospect School.
. Fred Kelly Stadium Dash for DARE and 3" of July
City uses the stadium at no cost for these annual programs.
. Master Recreation Agreement
City and OUSD have agreement allowing joint use of elementary and middle school facilities
when school is not in session, providing OUSD priority over City use. Site agreements are
negotiated separately for regular and on-going or long-term use of any given site.
. Field Renovations
City assists the district from time to time with field renovations on district property for the
mutual benefit of youth activities and sports. Sites where assistance has been recently given
include Katella School for Villa Park Bobby Sox and Sycamore School for Orange Little
League.
. Free Water Service for athletic fields at Orange High, Yorba Middle School, Portola
Middle, Cambridge Elementary, West Orange Elementary, Palmyra Elementary,
Handy Elementary, Sycamore Elementary
City provides water service at no charge to OUSD at the sites listed.
. Joint team (2 City staff, 3 OUSD staff) to attend conference April 12-13, 2000:
"Stretching Community Dollars: Cities, Counties and School Districts Building for the
Future"
At City's initiation, members of City and OUSD staff will attend a conference together to
learn about joint facility planning. As part ofa multi-jurisdictional team, the $125 per person
conference fee was waived.
. Use of recreation facilities at various schools for league play and City recreation classes
City utilizes athletic fields at all K-8 schools for soccer and Little League practice, and Villa
Park High, EI Modena High and McPherson Middle School for youth basketball, adult
basketball, and tennis lessons.
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CITY COUNCIL MINUTES
April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
POLICE PROGRAMS
. School Crossing Guards (45 locations)
City provides crossing guards at 45 locations, including year-round services for year-round
schools.
. DARE Program, DARE Fair, Dash for DARE
City provides 2 officers for DARE curriculum instruction at OUSD elementary schools.
. School Resource Officers
City provides one investigator full-time to investigate crime at the high school and middle
school campuses.
. Truancy Learning Center
City pays half the cost of the Truancy Learning Center (TLC) contract with Orange County
Youth and Family Services and police officers serve as truancy officers by picking up truants
and delivering them to the TLC.
. Fred Kelly Stadium Security
City provides traffic control and patrols events at Fred Kelly Stadium, including football
games, graduations, and other special events.
. Student Attendance Review Board (SARB)IDrug Alcohol Tobacco Education (DATE)
City provides police officers to serve on the board of both these OUSD committees and holds
meetings at the Orange Police Department.
. Prospect Elementary After-School Program
Police officers organized and participate in after school activities including a soccer league.
. Security for Special Events, School Board meetings
City provides police security at OUSD special events and Board meetings as needed when
information exists relating to a disturbance of the public safety.
. Bicycle Safety Rodeos
City conducts 8 bicycle safety rodeos for school children per year.
. K-9 Demonstrations
City provides 10-12 K-9 demonstrations at schools per year.
. Motor Officers assigned to elementary and middle schools
City provides motor officers to visit elementary and middle schools on a weekly basis and
coordinate with the School Resources Officer.
. School Bus Traffic Safety Awareness Program
City works with OUSD to provide assistance in educating the public on legislation requiring
vehicles traveling in both directions to stop when a school bus is displaying flashing red
lights.
. Buckle-Up Bear
City provides program teaching young students the importance of wearing seat belts.
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CITY COUNCIL MINUTES
April 11 , 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
. Every 15 Minutes
City provides program demonstrating to high school students the dangers of drinking and
driving.
. School Emergency Plans
City police department assisted OUSD with the development of a Crisis
ManagementlEmergency plan for addressing school violence, earthquake safety, riot plans,
etc.
GENERAL CITY PARTICIPATION
. City/Schools Coordinating Committee
City initiated on-going committee meeting monthly and consisting of two City officials and
three School Board members, to discuss and work together on issues of mutual interest and
concern.
. Principal for a Day
City officials and staff participate in the Principal for a Day program.
. Career Day
City staff make presentations and speak with students at career day functions, to educate
children on various career options in city government.
. National Walk Our Children to School Program
City provided traffic safety and crime prevention information to OUSD schools in K-3 grades
and on October 6,1999, participated with Taft and Palmyra Elementary schools in a safe
walk to school culminating at an event at the school site.
. Olive Elementary School street improvements
City worked with OUSD to improve school traffic safety around Olive Elementary, including
repaving Olive Road, striping modifications, one-way traffic, restricted left turn lane, cross-
walk painting, and school area crossing signs.
. Review parking lot site plans
City provides assistance to OUSD by reviewing parking lot site plans for improved traffic
circulation and safety around schools.
. Recycling Education
City provides recycling education to school children through school assemblies and
development of recycling related curriculum and school projects.
. Reading Outreach
City provides library staff to read to individual classes throughout OUSD upon request.
. Library Class Visits
City provides tours and storytimes for school classes at Main and the branch libraries upon
request.
PAGE 15
CITY COUNCIL MINUTES
April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
The City Manager indicated that the City Council, the Orange Unified School District Trustees,
and the community-at-Iarge can be very proud of the contributions the City makes on an annual
basis.
Mayor Coontz suggested this information be provided to the Orange Unified School District
(OUSD). Mayor Coontz indicated she has received many calls in the last few weeks inquiring as
to why the City has done nothing about certain issues in the City, which she explained are OUSD
legal issues or issues of negotiation and not in the City's purview. Mayor Coontz indicated there
was a recent press release regarding this issue in hopes that people within the community will
understand that the City of Orange has always been very concerned and had a very strong
investment in the future of its youth.
Mayor Coontz noted that the Orange Unified School District, the Police Department, and several
organizations in the City also participate on the Youth Services Council, which provides helpful
information on the City's web site. The Council has made a personal commitment to its youth
by reading to the children, making donations to school projects, plays, etc.
Councilman Slater complimented staff and Mayor Coontz for her assistance in preparing the List
of Joint Efforts/Programs. He concurred with Mayor Coontz that the list should be sent to the
OUSD Board Members, with a cover letter that it is being provided for their information.
********
Councilman Alvarez - Update on the R. J. Noble County application (Del Rio Project).
Councilman Alvarez reported that the R. J. Noble property is a quarry site bordered by the Santa
Ana River, Lincoln Avenue to the south, and Glassell Street to the east. He and Councilman
Slater met with one of the owners ofR. J. Noble property to find out their plans for the 100+ acre
site and expressed the City's need for park space. The property is a County island, not within the
City's jurisdiction, and is going through the County process for entitlements. City staff is quite
involved in the development of the site. Councilman Alvarez feels it is important to begin to
receive input from the entire Council as to what the City would like to see happen at the site,
before the entitlements come into place. What does the City need to do to become more directly
involved in what is going to happen at this site? What is staff doing and what are the
opportunities to get involved?
The City Manager stated that this project lies within the City's sphere of influence. The property
owner elected to process his project through the County. At the desire of the property owner, the
property will be annexed to the City of Orange. The City is currently working with the County
to negotiate annexation agreements on this property, as well as sixteen other County islands.
The Planning Manager reported that communication has been ongoing between City staff,
County staff, and the applicant regarding the details ofthe proposal. The County staff has been
PAGE 16
CITY COUNCIL MINUTES
April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued
supportive of the City issues to date. The project, as proposed, consists of a general plan
amendment, zone change, and a specific plan with ultimate annexation to the City. The property
has different land use and zoning designations for the County and City. Part of the request is
ultimately to come up with a single general plan designation and zoning designation via the
specific plan. The site consists of 97 acres. The current proposal is for a variety of residential
densities with a total of up to approximately 1,200 dwelling units, and a smaller mixed use
development area. City staff has identified several critical issues that the applicant still needs to
address to the City's satisfaction, which include drainage, circulation, land use compatibility,
density, parks, and schools. There has been a fundamental directive to the applicant that the site
needs to be reclaimed, which has not been a part of the proposal so far. A series of meetings
have been scheduled over the next six weeks to try to resolve some of the major issues. A
progress report will be brought back within the next 30-60 days. Once the project has gone
through the County approval process, it will come before the City for approval.
In response to Mayor Coontz, the City Manager explained one of the major issues staff has been
discussing with the property representatives is the number of pits on the property, as rock product
was taken out ofthe site when it was mined for sand and gravel operation. The overall elevation
of the property makes it prone to potential flooding. If the property were to be developed as
currently proposed, it would require emergency pumps on heavy rainfall days, pumping for
sewers, etc. Because this is a man-made situation, City staff feels the elevation of the property
needs to be at a more suitable level, due to the long term liability that may accrue to the City.
Traffic is another major issue. Because of tremendous amount of traffic on the 91 Freeway,
OCTA is looking at Lincoln Avenue on the south side of the river, and Orangethorpe on the
north side of the river, to provide traffic relief. There is an extension from Batavia to Riverdale
on the Master Plan of Highways that would one day connect to handle bypass traffic. The City
had been looking at older modeling that led to the possibility that the extension might be
eliminated. However, under the current traffic modeling projecting 20 years out, the extension
cannot be eliminated. The City Manager noted that Orange Unified School District has been
notified of the R. J. Noble property as being a potential development site, so they can address
school issues.
In response to Councilman Alvarez, the Director of Public Works explained the extension of
Batavia to Riverdale is needed to meet future traffic demands, even if the property remains
vacant. Some widening would be necessary on Lincoln Avenue and G1assell Street. Without the
Batavia to Riverdale connection, eight lanes would be needed on Lincoln Avenue and six and
eight lanes on G1assell Street. That is not a viable alternative. This segment is on the County
Master Plan of Arterial Highways. It is not on the City's circulation element at the present time,
which means if the issue has not been addressed at the time the area is annexed, the City is out of
compliance with the Master Plan of Arterial Highways, and Measure M competitive funding
would be at risk of being withheld or withdrawn. Relative to drainage, the Director of Public
Works reported that obvious problems with relying on pumps is they are subject to failure. The
area would be permanently in a flood plain. Residents of the development would be subject to
mandatory flood insurance at fairly significant rates.
PAGE 17
CITY COUNCIL MINUTES
April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued
Carole Walters (address on file), commented that Cities-Schools Coordinating Committee
meetings decisions should be Council agendized for the public; indicated she will request the
OUSD to notifY her of their meetings; and reported that the Park Committee is looking into
meeting with the neighbors relative to the R. J. Noble property. Mayor Coontz noted meetings
are held on the second Monday of each month, with alternate meeting locations between the
OUSD's building on Katella and the Weimer Room at the City and she is welcome to attend.
Mayor pro tern Spurgeon suggested monitoring when the County Planning Commission public
hearings will occur so that the Council and staff can attend to represent their feelings and provide
input, not only at the Planning Commission level, but as it progresses to the Board of
Supervisors.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 2676
6.1 Reappoint Frank Petronella to the City Traffic Commission, term to expire
3/31/2004. (ORI800.0.19)
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
7.
ADMINISTRATIVE REPORTS
Tape 2690
7.1 Report from the Economic Development Director regarding acquisition and
rehabilitation of property located at 1924 and 1934 East Wilson Avenue by Orange
Housing Development Corporation. (A2100.0 AGR-3481)
SUMMARY: Orange Housing Development Corporation (OHDC) plans to acquire and
rehabilitate two adjacent 10-unit apartment buildings located at 1924 and 1934 East Wilson
Avenue. The total estimated cost of the project is $1,527,975. Under the terms of the proposed
Affordable Housing Agreement, OHDC will obtain a 30-year loan of $549,360 from Washington
Mutual Bank, and the Agency will fund the $978,615 balance. Agency Housing Set-Aside funds
would be provided in the form of a 44-year loan at zero percent interest and be repaid by OHDC
in annual installments. In return for the assistance, the units would remain affordable to low
income households for a 55-year period.
FISCAL IMPACT: Sufficient funds will be available for this purpose if the Agency Board
approves the appropriation of funds requested in a companion Agency item.
The Director of Economic Development presented the report.
PAGE 18
CITY COUNCIL MINUTES
April 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Barbara DeNiro, (address on file), asked how many people live in each one bedroom apartment?
How old are the units now? What is the usable lifetime of such an investment?
The Director of Economic Development responded that the units are not very large and are
owned by OHDC, a non-profit corporation, whose charter is to manage and operate affordable
housing. The units will remain affordable as long as they are owned by OHDC. This is not a
Department of Housing and Urban Development (HUD) project. HUD income guidelines are
used as a standard to monitor projects that receive funding.
Mayor Coontz recalled that years ago, an area east of Tustin Avenue, between Collins and
Katella, had deteriorated and was rehabilitated by OHDC. Crime in that area had been a
problem. OHDC has been a tremendous success with these projects. Other property owners in
these rehabilitated areas see what OHDC has done and also want to become involved.
RESOLUTION NO. 9253
A Resolution of the City Council of the City of Orange approving an Affordable Housing
Agreement by and between the Orange Redevelopment Agency and Orange Housing
Development Corporation regarding 1924 and 1934 East Wilson Avenue and making certain
findings.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9253.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to authorize the Agency Board to appropriate a total of $978,615 in Housing Set-Aside
funds for the project.
7.2 Report from the Economic Development Director regarding acquisition and
rehabilitation of property located at 264-280 South Esplanade Street by Orange Housing
Development Corporation. (A2100.0 AGR-3482; AGR-3483; AGR-3484) Tape 3080
SUMMARY: Orange Housing Development Corporation (OHDC) plans to acquire and
rehabilitate a 27-unit apartment complex located at 264-280 South Esplanade Street. The total
estimated cost of the project is $2,932,110. Under the terms of the proposed Affordable Housing
Agreement, OHDC will obtain a 30-year loan of$I,278,750 from Washington Mutual Bank, the
Agency and City will fund the $1,653,360 balance with a zero percent loan of$I,153,360 in
PAGE 19
CITY COUNCIL MINUTES
April 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Agency Housing Set-Aside funds and a grant of $500,000 in Community Development Block
Grant (CDBG) funds provided by the County as a result of the "Theo Lacy Settlement". The
loan would be repaid by OHDC in annual installments over a 35-year term. In return for the
assistance, the units would remain affordable to low income households for a 55-year period.
FISCAL IMPACT: Sufficient funds will be available for this purpose if the Agency Board
approves the appropriation of funds requested in a companion Agency item.
The Director of Economic Development presented the report.
Carole Walters, (address on file), asked why the Theo Lacy settlement money doesn't go back to
the Police Department? The City Manager explained that these projects, when rehabilitated,
create a positive atmosphere and are the catalysts to help rid the City of crime. With the Theo
Lacy Settlement, the City successfully negotiated different monies from the County to be used
for parks, housing, and road improvements. The $500,000 provided by the County as a result of
the Theo Lacy Settlement is to be used for housing.
Mayor Coontz noted the City had been looking at other proposed projects, which would not have
been as beneficial in taking care of crime problems.
The City Manager commented on the significant benefit to the Police Department's budget
through that negotiation of booking fees.
Councilman Slater commented that of all ofOHDC's projects, he is especially excited about this
project, because of its prominent location. The building is a scourge on the neighborhood.
Mayor pro tern Spurgeon commented that monies will be saved by deploying police and fire
services elsewhere, as there will be less service calls to the area.
RESOLUTION NO. 9254
A Resolution the City Council of the City of Orange approving an Affordable Housing
Agreement by and between the Orange Redevelopment Agency and Orange Housing
Development Corporation regarding 264-280 South Esplanade Street and making certain
findings and approving a Community Development Block Grant Agreement with the County of
Orange and a Cooperation Agreement with the Orange Redevelopment Agency relating thereto.
MOTION - Alvarez
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9254.
PAGE 20
CITY COUNCIL MINUTES
April 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Alvarez
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to authorize the Agency Board to appropriate a total of$I,153,360 in Housing Set-Aside
funds for the project.
8. REPORTS FROM CITY MANAGER - None
9.
LEGAL AFFAIRS
Tape 3375
9.1 ORDINANCE NO. 5-00 (A2500.0 Transient Occupancy Tax)
An Ordinance of the City Council of the City of Orange Amending Section 5.16.040 of the
Orange Municipal Code Relating to the Transient Occupancy Tax.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 5-00 be read by title only and same was approved and adopted by the
preceding vote.
9.2 ORDINANCE NO. 6-00 (A2500.0 Zoning, Oversized garages)
An Ordinance of the City Council of the City of Orange Amending Chapters 17.10 and 17.14 of
the Orange Municipal Code relating to oversized garages in residential zones.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 6-00 be read by title only and same was approved and adopted by the
preceding vote.
9.3 ORDINANCE NO. 7-00 (A2500.0 Parks, Commission)
An Ordinance of the City Council of the City of Orange repealing Chapter 2.60 of the Orange
Municipal Code and adding new Chapter 2.60 to the Orange Municipal Code relating to the Park
Planning and Development Commission.
PAGE 21
CITY COUNCIL MINUTES
April 11, 2000
9. LEGAL AFFAIRS (Continued)
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Alvarez
NOES - Spurgeon
Moved that Ordinance No. 7-00 be read by title only and same was set for second reading by the
preceding vote.
9.4 ORDINANCE NO. 9-00 (A2500.0 City Council Agenda)
An Ordinance of the City Council of the City of Orange amending Section 2.04.030 of the
Orange Municipal Code relating to the agenda for City Council meetings.
Carole Walters, (address on file), asked how residents can get an issue on the agenda?
The City Attorney explained that the purpose of the City Council meeting is to run the business
of the City. As a representative form of government, the City Council acts on behalf of the
public. To make the change that Ms. Walters is proposing would turn the meeting into a town
hall meeting, whereby the public could place any number of items on the agenda, thereby taking
the control of the meeting away from the elected representatives, and putting it into the hands of
the public, who have not been elected to the City Council. The City Attorney further indicated
he is not aware of any city which gives the public the unilateral right to put matters on the
agenda. Right now, the public can ask their elected representatives to place matters on the
agenda. Whether a matter is on the agenda or raised during public comments, the amount of time
an individual can speak on the matter would still be three minutes.
MOTION - Slater
SECOND - Spurgeon
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 9-00 be read by title only and same was set for second reading by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:28 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation: 1) Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case
No. 78 02 84 (This item was not discussed). 2) John Robertson v. City of Orange, Orange
County Superior Court Case No. 81 51 20.
PAGE 22
CITY COUNCIL MINUTES
April 11, 2000
11. RECESS TO CLOSED SESSION (Continued)
b. Public employee performance evaluation pursuant to Government Code Section 54957: City
Manager
c. Public Employee discipline/dismissal/release pursuant to Government Code Section 54957
d. 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.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 3736
Carole Walters, (address on file), commented that the cleanup of apartment buildings should be
the property owner's responsibility; questioned how Public Comment issues on the agenda are
addressed by Council; and asked if the City continues to pay $2.00 towards residents sanitation
service?
13.
PUBLIC HEARINGS
Tape 3863
13.1 SANTA FE DEPOT PARK IMPROVEMENTS, MITIGATED NEGATIVE
DECLARATION NO. 1636-00 (N1200.0 NEG-1636-00)
Time set for a public hearing to consider adoption of Mitigated Negative Declaration 1636-00
relating to Santa Fe Depot Park Improvements. The City retained Hirsch and Associates, Inc. to
provide design plans and construction documents which include the following:
. Installation of a four faced Millennium clock, on a pedestal, not exceeding an overall height
of20 ft. to be located at the Chapman Avenue entrance to the park.
. Construction of a water feature/fountain with monuments recognizing veterans to be located
in the central portion of the park.
. Construction of a combined monument sign near the corner of Chapman Avenue and
Atchison Street identifYing the commercial tenant of the Depot building and MetroLink.
The Millennium Commission and Veterans Committee approved the final design plans which
were reviewed and approved by staff and the Design Review Committee. The Mitigated
Negative Declaration No. 1636-00 consists of an environmental assessment of the potential
environmental impacts of the above proposed park improvements in an historic park located
within a National Register recognized Historic District.
The Director of Community and Library Services presented a brief overview of the project.
PAGE 23
CITY COUNCIL MINUTES
April 11, 2000
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking in favor:
Lieutenant Colonel Joe Ruthenberg, 525 N. Shaffer, USMC Retired
Raymond A. Goss, 425 S. Lilac Lane, Past Commander ofthe American Legion Post 132
Carol Goss, 425 Lilac Lane
Dawn Stoller, 19181 Stoller Lane, Santa Ana, American Legion Auxiliary Unit 132 in Orange
John Whiteriver, 194 S. Pixley Street, Committee Chair
Ann Siebert, 340 S. Olive, Old Towne Preservation Association
Arthur Paris, 71 Plaza Square, representing the Masonic Lodge of Orange
John Baker, 531 E. Chapman, USMC Veteran
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
Mayor Coontz commented on the excellent job done by the Millennium Commission in choosing
a clock that historically fits the depot and thanked all who were involved in the project.
Councilman Murphy indicated the Millennium Commission wanted to insure that the
Millennium clock and the Veterans Memorial compliment each other. It is hoped that the clock
will serve as a landmark to draw additional people into the park to contemplate the contribution
veterans have made to our freedom and safety, and provide a synergy in the park area that will be
enjoyed for generations to come. Information will be forthcoming on the brick plaques which
can be purchased for $125.00 to commemorate a family, business, or an individual. The plaques
will be placed in a decorative fashion around the entryway to Depot Park. The funds will be
used to defray the cost of the clock and the surrounding improvements. Members of the staff,
Millennium Commission, Veterans groups, Design Review Committee, Planning Commission,
public, and the City's historical consultant were thanked for their involvement in this effort.
Mayor pro tern Spurgeon expressed support for the project which is long overdue.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Mitigated Negative Declaration 1636-00 finding that the project will not result
in a significant adverse impact on the environment.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 24
CITY COUNCIL MINUTES
April 11, 2000
13. PUBLIC HEARINGS (Continued)
Moved to approve the final design plan for the Millennium Clock and Veterans Memorial
Fountain.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to authorize the purchase of the Millennium clock from the Verdin Company on a sole
source basis.
13.2 APPEAL NO. 472, CONDITIONAL USE PERMIT 2320-00 - YWCA FIRST
STEPS HOUSE, APPELLANT: THOMAS AND ARLENE AVDEEF (A4000.0 APP-472)
Tape 4909
Time set for a public hearing to consider Appeal No. 472 by Thomas and Arlene Avdeef
concerning the Planning Commission's approval of Conditional Use Permit No. 2320-00 to
allow conversion of three existing dwelling units into a group home for women. YWCA
proposes to operate a housing facility located at 143 N. Grand Street for no more than ten
residents between the ages of 16 and 21 with a full time resident manager and program related
employees occasionally visiting the residential building. Two residents would share each of two
one-bedroom apartments with the other six residents sharing three bedrooms in the primary
residence. NOTE: This project is categorically exempt from the provisions of the California
Environmental Quality Act per CEQA Guidelines, Section 15301.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
Planning Commissions failure to require:
. Adequate study on impact of ten females, 16-21 years of age upon community for needs,
problems and success rate of group homes and EIR.
. Adequate parking for disabled, employees, occupants each requiring mentors, social workers,
visitors.
. Discrimination of disabled by not requiring Certificate of Compliance and adequate
provisions for disabled users of all three structures as required by the ADA and Title 24-CCR.
. Compliance with provisions Health and Safety Code Sections 1520-1525.25, 1596.71,
1596.71, 1596.750-1596.798.
. Consider written objections of 102 impacted residents opposed to change of use of residence.
The Planning Manager reported the site is zoned Office-Professional and contains a two-story
four bedroom house, and two one bedroom apartments over garages at the rear of the property.
No expansion of the existing residences is proposed. The YWCA proposes to use the residential
units as transitional housing for young women, which is called their "First Steps" program. The
women are young adults raised as foster children who need to learn how to function in society on
their own. They will learn basic skills on how to care for themselves, such as grocery shopping,
PAGE 25
CITY COUNCIL MINUTES
April 11, 2000
13. PUBLIC HEARINGS (Continued)
laundry, cooking, and balancing the checkbook. They will be emolled in school and have jobs.
The facility will be managed by a house mother who resides on site. It is not anticipated that the
young women will have cars. The primary method of transportation will be provided by existing
YWCA vehicles or public transportation.
The Planning Commission held a public hearing to consider this request, at which four
individuals spoke in opposition, citing concerns with noise, visitors at the site, the number of
women staying at the site, and only one person supervising ten women. Many concerns were
cited regarding the adjoining parking lot and its problems with trash, graffiti, drinking, and
people sleeping in bushes. A petition was submitted with signatures from many residents who
oppose the use in the neighborhood. The Planning Commission ultimately approved the
Conditional Use Permit request with a modification to Condition No. 2 and the addition of a
condition requiring the applicant to install smoke detectors and outdoor security lighting to
address safety issues. An appeal was filed by Thomas and Arlene Avdeef, who outlined five
issues they felt the Planning Commission failed to address. Staff reviewed the five issues
identified in the appeal and responded to them in detail, Attachment 1 of the staff report.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
APPELLANT: Thomas Avdeef, 158 N. genter Street, commented when homes in Old Towne are
converted to commercial use, the area! becomes more commercialized and gradually causes a
deterioration to the old residential hous~s and their original intent for family use. The applicant
does not meet the proof of substanti~1 evidence as many of the speakers at the Planning
Commission hearing were not resident~ of the area and did not come through the "First Step"
program. The speakers did not have! the feel for the community that the residents of the
community have. The Planning Commission failed to address parking for the disabled and the
requirements under the Health and S~fety Code. The Planning Commission also failed to
consider the written objections of 102 i$pacted residents opposed to the change in the use of the
residence. '
Arlene Avdeef, 158 N. Center, expressed concern for preserving and protecting Old Towne,
having only one house mother at the residence, and the impacts of parking, friends, music, and
social comings and goings.
SPEAKING IN FAVOR OF THE APPEAL:
Mark Bernhart, 164 N. Center St.
SPEAKING IN OPPOSITION OF THE APPEAL:
APPLICANT: Janine Ingram, representing YWCA, 146 N. Grand, commented this transitional
housing is a residential program. The proposal is for a continued residential use. Ms. Ingram
indicated the American Disabilities Act (ADA) requirements have been met and their program
does not require a license.
PAGE 26
CITY COUNCIL MINUTES
April 11, 2000
13. PUBLIC HEARINGS (Continued)
Darrell Hansen, 191 N. Orange, representing First Presbyterian Church
Mike McKenzie, 407 Calle Familia, San Clemente, Orangewood Children's Foundation
Stacie Sanders, 339 S. Magnolia, Brea
Russ Barrios, 235 E. Maple
Senecca Truzys, P. O. Box 25172, Anaheim
Shannon Tucker, 206 N. Pine Street
Kathi Portland, 444 S. Tustin H-l, read a letter on behalf of Beverly Nestande, YMCA
Tom Grochow, 163 N. Pine Street
Reasons: Program is needed for youths who are emancipating from a foster care system and will
contribute to the success of the youth, and consequently, the community.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
REBUTTAL:
Thomas Avdeef, 158 N. Center Street, reiterated that his appeal is not about the program, but
where the program will be located.
The Planning Manager responded the Planning Commission is very sensitive to Old Towne and
historic issues. The Planning Commission view this as a project that would continue the
residential use of the property, even though it is zoned for Office-Professional use. Substantial
changes in use or operation of the facility may require review and approval by the Planning
Commission. Any change in ownership of the property would be brought to the City's attention.
The three residences on the site could potentially house more than ten young women and the
house mother. The project was built according to the parking requirements of the 1960's,
providing four spaces. This project was reviewed by the Fire Marshall and the City's Building
Official. The Historic Building Code applies to the structure. The applicant is not required to
make modifications, but is accommodating the disabled use.
Councilman Slater asked the appellants if they use their home as a home business; if they reside
at the home; or if the home is strictly used for an office? Mrs. A vdeef responded the home is
used as a residence where she watches and cares for her grandchildren after school. Mr. Avdeef
as a sideline, practices law, with no outside help. Mrs. Avdeef commented she feels it is time for
Council to change the zoning in order to keep the area residential.
COUNCIL COMMENTS:
Mayor Coontz commented that she helped initiate the preservation activities in 1976, and circa
1985, helped the people who started the Old Towne Preservation Association. At that time,
almost all of the larger homes were used as rentals. A lot of effort has gone into the Old Towne
area to make it what it is today.
PAGE 27
CITY COUNCIL MINUTES
April 11, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Murphy expressed support for the project. This use is desperately needed in the
City and Orange County.
Mayor pro tem Spurgeon expressed support for youth programs and the proposed conditional use
permit. The YWCA is welI-equipped to run the program. They have been successful with many
other programs.
Councilman Slater commented that residential land use is appropriate for the location. The
biggest threat to Mr. and Mrs. Avdeef, which they brought up themselves, is the underlying
zoning for the block, which is Office-Professional. Three sides of the block are lined with
historic homes. Even though the zoning has been in place for 40-50 years, Councilman Slater
believes that only one house (directly north of the Bank of America parking lot) is being used as
a business. Of the 12-14 homes on the three sides of the block, none have ever been converted to
a business. One of the reasons is because the lots are smalI and would not provide appropriate
parking. Councilman Slater further stated that when he served on the Old Towne Preservation
Association Board, he made the motion to start the application process to enter Old Towne on the
National Register of Historic Places. He does not feel this particular use will negatively affect
Old Towne or be an encroachment of inappropriate uses. Councilman Slater agreed that the
apartments built in the back are a shame, non-conforming, and never should have been built.
Fortunately, guidelines have been put in place to prevent this kind of construction from taking
place again. Councilman Slater said that he may agendize this issue for the April 25, 2000
meeting to request Council direct the Planning Commission to look at the entire block to see if it
should remain Office-Professional, or be converted back to residential. Councilman Slater
expressed his support for the proposed Conditional Use Permit.
Mayor Coontz commented that in studying the history of the City of Orange through her
involvement with the Historical Society for many years, there was never perfect conformity in
Old Towne. In the 1960's, everyone abandoned the Old Towne area to buy their medalIion
homes. It was only when people began to value the older homes that they became popular.
Mayor Coontz stated the City must be very careful if it is going to go back and look at zoning.
Mayor Coontz expressed support for the YWCA's proposed project.
Councilman Slater clarified that he is not in support of getting rid of neighborhood markets and
so forth. However, he does not feel the properties on Mr. Avdeefs block were originalIy zoned
Office-Professional and it would not hurt to take a second look at them.
Councilman Alvarez expressed support for the project and for looking into the office
professional zoning of the neighborhood.
MOTION - Murphy
SECOND - Spurgeon
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
April 11, 2000
13. PUBLIC HEARINGS (Continued)
Moved to determine that review of this project is exempt from requirements of the California
Environmental Quality Act, according to CEQA Guidelines, Section 15301.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to deny the Appeal.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 9:05 p.m. to a Joint Study Session with the Planning Commission
to be held on Tuesday, April 18, 2000 at 5:00 p.m. in the Weimer Room to discuss Capital
Improvement Projects.
CAfimm-& CH.{/M;T'
CASSANDRA ATHCART, CMC
CITY CLERK
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JOANNE COONTZ
MAYOR
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