2/13/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY COUNCIL ON FEBRUARY 27, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 13,2001
The City Council of the City of Orange, California convened on February 13, 2001 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-
Given by Pastor Tom Hoover, Covenant Family Fellowship
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTSI INTRODUCTIONS
. Mayor Murphy announced the Council meeting will adjourn in memory of Vernon
Valentine. A memorial tribute was read and presented to the family. (C2500.D.5)
. Mayor Murphy announced a former City employee, Joan Baltes, was in the hospital in
serious condition.
. Resolution No. 9407 was presented to former Senator John Lewis, 33'd District,
commending him for twenty-one years of loyal and dedicated service to the people of
California.
. Resolution No. 9398 was presented to Corporal Jack Nanigian of the Orange Police
Department commending him for more than twenty-five years of loyal and dedicated
service.
. Proclamations were presented to corporate sponsors of "Every Fifteen Minutes" teenage
drunk driving program: Ultimate Audio, Carl's Jr., Archie's Towing, Orange County
Juvenile Court, Enchanted Florist, Hilton Suites, UCI Medical Center, Orange County
College Theater Arts and Shannon-Donegan Mortuary. Police Chief Andy Romero
explained this is an intense awareness program to help reduce teenage drunk driving
incidents.
. Resolution No. 9406 was presented to Frank Sun, Jerry Bailey, Majid Farhat, George
Liang and Dick Barnes of the City of Orange Public Works Department for their
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CITY COUNCIL MINUTES
February 13, 2001
extraordinary oversight and innovation in reducing costs on the remediation project at the
park site located at Prospect and Spring Streets and saving $570,000 of City funds.
. Chuck Mabry, former resident of the Rock Creek Ranch area, commended City staff and
the Council for their efforts in developing this park site on Prospect.
. A Presentation was made to the United Way City Employee Annual Campaign spotlight
organizations - American Red Cross of Orange County and Mental Health Association of
Orange County. Organizations were presented with checks of$I,393 each. (C2500.E)
. Mayor Murphy announced the results of the YMCA Indian Guides Pinewood Derby held
the previous weekend at the Orange Mall. "Team Orange" came in second with a time of
6 seconds.
2. PUBLIC COMMENTS
Pat Kelly, 109 W,. Chapman, spoke about the filming in Downtown Orange which has
caused a disruption, creating a loss of revenue to the merchants; parking problems;
blocked doorways to businesses, traffic congestion; and downtown decorations and
banners have been removed.
The City Manager was instructed to follow up on the rules and regulations pertaining to
filming requirements.
Councilman Alvarez volunteered to form a committee of local merchants and staff to
develop a policy for filming in Orange. He did not want to discourage the film industry
from using Orange but it should not be at the cost of local businesses.
The City Attorney advised Councilman Alvarez that because of his business in
Downtown Orange, any type of proposal he developed would have to be as a private
citizen.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of February 13, 2001 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.
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February 13,2001
3. CONSENT CALENDAR (Continued)
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated January 18, 25 and
February 1, 2001.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting January 23, 2001.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Annexation Agreement request by Jeffrey and Deborah Connolly to connect their
property to City of Orange sewer. (A2100.0 AGR-3693)
SUMMARY: Jeffrey and Deborah Connolly, owners ofresidential real property located
at 15602 Cully Drive in unincorporated area of the County of Orange, have requested to
connect their house sewer lateral to the City sewer main in Cully Drive. They have
executed an annexation agreement with the City of Orange and are requesting City
Council approval.
ACTION: Approved the connection request from Jeffrey and Deborah Connolly and
authorized the Mayor and the City Clerk to execute this annexation agreement on behalf
of the City.
FISCAL IMP ACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.6 Consultant Agreement to provide as-needed supplemental engineering project
management services to be performed on-site in the Public Works Department.
(A2100.0 AGR-3692)
SUMMARY: This Agreement authorizes the City to contract out to a consultant for
temporary engineering project administration services under the supervision of Public
Works staff to handle peak proj ect demands.
ACTION: 1) Awarded a contract in the amount of $75,000.00 to CBM Consulting, Inc.,
to provide on-site engineering project management services to the City, and authorized
the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the
appropriation of $40,000.00 from Fund 100 to Account No. 100-5011-426700 (Other
Professional Services) to be used for CBM Consulting, Inc., services.
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3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funding for CBM Consulting, Inc., services shall be distributed
between General Funded projects and Special Funded projects as follows:
$40,000.00
$35,000.00
100-5011-426700 Other Professional Services - as appropriated.
Public Works Special Projects as appropriated in the Capital Improvement
Program budget.
3.7 First Amendment to Consultant Agreement with SaifullBouquet, Inc. for seismic
retrofit design of the City Yard Warehouse and City Yard Garage buildings.
(A2100.0 AGR-3474.1)
SUMMARY: This contract amendment is needed to allow the design consultant to
review and approve shop drawings, requests for information, and perform final
walkthrough to insure compliance with the plans and specifications. For a complex
project such as this seismic retrofit project, only the designer (Engineer of Record) is
authorized to perform the above tasks ifhe is to be held accountable for the design.
ACTION: Approved the First Amendment to Consultant Agreement in the amount of
$26,000 with Saiful/Bouquet, Inc., and authorized the Mayor to execute, and the City
Clerk to attest, on behalf of the City.
FISCAL IMPACT: Funds are budgeted or are available in the following accounts:
500-5011-481105-2974
550-5011-481105-2974 (FEMA)
500-5011-481105-2975
550-5011-481105-2975 (FEMA)
725-5028-481105-9851
$137,108.00
$171,957.00
$ 70,000.00
$204,246.00
$130,000.00
$713,311.00
(City Yard Warehouse)
(City Yard Warehouse)
(City Yard Garage)
(City Yard Garage)
(CorporationYard Improvements)
Total
(REMOVED AND HEARD SEPARATELY)
3.8 Supplemental Services Agreement with Affiliated Computer Systems (ACS) to
conduct several one-time information technology projects. (A2100.0 AGR-0978.B.9)
NOTE: Mayor Murphy abstained on this item due to an employment conflict.
SUMMARY: The execution of this Supplemental Services Agreement with Affiliated
Computer Systems (ACS) provides for additional information technology support for
three projects: PC Upgrade, Information Technology Inventory and Laserfiche Weblink
Installation.
FISCAL IMPACT: The Supplemental Services Agreement cost is $19,787. Sufficient
funds are budgeted in the FY 2000-01 MIS budget; 780-1601-426700-0000 (MIS
Professional Consulting).
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3. CONSENT CALENDAR (Continued)
Councilman Alvarez asked about the continuing expenditures for computer upgrades.
The City Manager explained there is a basic contract with ACS, but additional specific
issues such as these require amendments to that contract. Upgrading computers is an
ongoing project which is necessary so the City does not fall behind in technology.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Alvarez, Coontz
ABSTAIN - Mayor Murphy
Moved to approve Supplemental Services Agreement with Affiliated Computer Systems
(ACS) and authorized the Mayor and City Clerk to execute on behalf of the City.
3.9 Award Consultant Agreement for Master Plan ofEl Camino and Yorba Parks.
(A2100.0 AGR-3691)
SUMMARY: Purkiss Rose-RSI has been retained in an amount not to exceed $55,000 to
prepare the Master Plans for EI Camino and Y orba Parks. The Master Plans for these
parks are an extension of the Master Plan for Parks, Facilities, Recreational and
Community Services adopted by the City Council in December, 1999. Purkiss Rose-RSI
has been selected based on the firm's expertise on the recreational and facilities planning
of the City's parks and open space. The consultant will perform site analysis, conduct
community workshops, prepare conceptual designs and develop construction cost
estimates for both parks. Since no funds were budgeted for this project, staff
recommends that funds be transferred from the El Modena High School Field Lighting
project to the El Camino Park Renovation project. The El Modena High School Lighting
project will still be a C.I.P. project but without current funding.
ACTION: I) Awarded the Consultant agreement to Purkiss Rose-RSI in an amount not
to exceed $55,000 for the Master Plan for El Camino and Yorba Parks; 2) transferred
appropriation from funds allocated to the Park, Acquisition and Development Fund (510),
Account 510-7021-485100-0144 (El Modena High Lighting) in the amount of $69,000 to
Account 510-7021-481105-0607 (EI Camino Park Renovation); and 3) authorized the
Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: After the fund transfer is executed, there will be sufficient funds to
pay for this project in the following account: 510-7021-4811 05-0607 (El Camino
Renovation) $69,000
BIDS
3.10 A proposal to approve plans and specifications, and authorize advertising for bids
for the Waterline Renewal for Highland St. and Adams Ave. (W-598). (C2500.P)
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3. CONSENT CALENDAR (Continued)
SUMMARY: This project consists ofreplacing the existing aging waterlines in order to
improve the water supply system for domestic and fire protection purposes for the CDBG
target area at Highland St. and Adams Ave. in Orange.
ACTION: Approved plans and specifications and authorize bids for Waterline Renewal
for Highland Street and Adams Avenue (W-598).
FISCAL IMPACT: Proposed funding for this project in FY 2000/01 budget in Accounts:
601-8041-484102-1820 Construction, Labor & Equipment $100,000.00
600-8041-474501-0000 Transmission & Distribution Materials $ 53,000.00
All engineering, inspection and contract administration cost will be absorbed by current
year funding for Water Division Salaries Fund 600.
(REMOVED AND HEARD SEP ARA TEL Y)
3.11 Award of Bid No. 001-23 for Ten 2-Wheel Drive Utility Vehicles and One Full Size
Extended Cab Pick Up Truck. (A2100.0 AGR-3690)
NOTE: Mayor Murphy abstained on this item due to an employment conflict.
SUMMARY: Ten 2-Wheel Drive Utility Vehicles and One Full Size Extended Cab Pick
Up Truck have been scheduled for replacement as part of the approved vehicle
replacement schedule in the FY 2000/2001 budget.
FISCAL IMPACT: Funds in the amount of$254,51 1.80 are budgeted and available in the
Motor Vehicle Replacement Account, #720-5023-472102.
Councilman Alvarez asked about the use of utility vehicles rather than pick up trucks.
The City Manager explained the costs and uses of all vehicles are scrutinized carefully.
In some cases, it is actually cheaper to use these vehicles, and they also provide more
flexibility and can be used in disaster situations.
Councilmember Coontz suggested in the future to include a description in the staff report
of which departments will be using these vehicles and for what purposes.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Coontz
ABSTAIN - Mayor Murphy
Moved to I) Award Bid No. 001-23 to Ford of Orange in the amount of$254,511.80; 2)
authorize the Mayor and City Clerk to execute on behalf of the City; and 3) authorize the
City Manager to surplus the replaced vehicles at an auction.
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3. CONSENT CALENDAR (Continued)
3.12 CLAIMS
(C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Lynn and Sue Ann Davidson
b. Michelle Macias
c. Donna Shimer
FISCAL IMPACT: None.
ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster.
CONTRACTS
3.13 Award contract for Bid 001-20 for the Seismic Strengthening of the Water Division
Pump House(W-596). (Continued from January 23, 2001.) (A2100.0 AGR-3701)
SUMMARY: The Water Division Pump House building at 189 S. Water Street has been
identified as requiring a seismic structural retrofit. This project will strengthen the
building to current seismic standards.
ACTION: I) Awarded the contract in the amount of $369,760.00 to the lowest
responsible bidder, DRP Construction Company, 1093 Crest Dr., Encinitas, CA 92024; 2)
authorized the Mayor and City Clerk to execute the contract on behalf of the City; 3)
appropriated an additional $150,000 from Water Capital Fund 601 Reserves into account
number 601-8041-481200-8211, Water Plant Building Seismic Retrofit.
FISCAL IMPACT: Available project funds approved in FY 2000/01 budget are:
$250,000.00 601-8041-481200-8211 Water Plant Building Seismic Retrofit Account
Appropriation required:
$150,000.00 601 Water Capital Fund Reserves into
601-8041-481200-8211 Water Plant Building Seismic Retrofit Account.
3.14 Award of Contract - Bid No. 001-22; Project SP 3347; Annual Curb and Gutter
Replacement at Various Locations (Year 2000-2001). (A2100.0 AGR-3700)
SUMMARY: This project will provide for reconstruction of damaged curb and gutter at
various locations.
ACTION: Accepted Bid No. 001-22 in the amount of$55,200 from the low bidder,
Ranco Corporation, P.O. Box 9007, Brea, CA 92622 and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
262-5021-427100 $70,000.00 (Annual Curb & Gutter Maintenance)
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3. CONSENT CALENDAR (Continued)
3.15 Final Contract Change Order; Bid No. 990-35; Project No. SP-3307, Katella
Streetscape Improvements. (A2100.0 AGR-3578)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in
final as-built quantities at contract unit prices and extra work at agreed prices. The total
contract cost for this project is $283,325.20.
ACTION: Approved a Contract Change Order No. I in the amount of $7,082.40 to
Hillcrest Contracting, Inc. for the extra work.
FISCAL IMPACT: Funds are budgeted or are available in the following account:
934-9821-485100-9196 $7,082.40 (Katella Streetscape Improvements)
3.16 Award of Contract to C.A. Granger Construction Inc. for Police Facility
Improvements. (A2100.0 AGR-3699)
SUMMARY: The proposed Police Facility Improvements will help ensure the integrity
of an exterior wall.
ACTION: Awarded the contract to C.A. Granger Construction, Inc. in the amount of
$52,366 and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: Sufficient funds are available in account number 100-4011-424102
(General Fund-Police Administration-Repairs to Building).
DONATIONS
3.17 Donations to the Police Department Canine Program. (C2500.K)
SUMMARY: The Izaak Walton League of Orange, Inc. has donated $500, the Women's
Club of Orange has donated $100, and Robert A. Ling has donated $1,000, totaling
$1,600, to the Orange Police Department Canine Program.
ACTION: Accepted the donation of$500 from the Izaak Walton League of Orange, Inc.,
$100 from the Women's Club of Orange, and $1,000 from Robert A. Ling, for a total of
$1,600, all of which have been deposited into revenue account 100-4021-293900
(General Fund-Patrol-Donations); and appropriated the $1,600 to account 100-4001-
475100-2307 (General Fund-Patrol-Other Capital Outlay-K9/SW AT Donation).
FISCAL IMPACT: There will be no impact to the General Fund as the Izaak Walton
League of Orange, Inc., the Women's Club of Orange, and Robert A. Ling have donated
the funds.
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3. CONSENT CALENDAR (Continued)
3.18 Accept donation from Nabisco's Milk-Bone and appropriate funds to purchase a
new police service dog for the Police Department's Canine Program. (C2500.K)
SUMMARY: Nabisco's Milk-Bone, in partnership with Albertsons, is donating $5,500
towards the purchase of a new police service dog for the Orange Police Department's
Canine Program.
ACTION: Accepted the donation of $5,500 from Nabisco's Milk-Bone, for deposit into
revenue account 100-4021-293900 (General Fund-Patrol-Donations); and appropriated
the $5,500 to account 100-4021-475100-2307 (General Fund-Patrol-Other Capital
Outlay-K9/SW AT Donation) towards the purchase of a new police service dog.
FISCAL IMPACT: There will be no impact to the General Fund as Nabisco's Milk-Bone
has donated the funds.
PURCHASE OF PROPERTY
3.19 Purchase of 15 foot wide strip ofland at 1826 W. Chapman Ave. (A2100.0 AGR-3694)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Pauline A. Zink, Trustee.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 15 foot wide strip of land located at 1826 W. Chapman
Ave. Purchase price is $41,495 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $651,363.00 are available in the Chapman
Avenue Widening Project - Account No. 550-5011-483300-4038-(Measure M-MPAH).
3.20 Purchase of a strip of land varying in width from 14 Y, ft. to 32 ft. located at the
Southwest corner of West La Veta Avenue and the 22 Freeway Onramp.
(A2100.0 AGR-3695)
SUMMARY: This is one of the parcels necessary for the West La Veta Avenue
Widening Project. Offer was made and accepted by Citadel Properties Orange, LLC.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a strip of land located at the Southwest corner of La Veta
Avenue and the 22 Freeway Onramp. Purchase price is $108,277 plus any related escrow
costs.
FISCAL IMPACT: Funds in the amount of $422,867.00 are available in the La Veta
Avenue Widening Project-Account No. 550-5011-483300-4039 (Measure M-MPAH).
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3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.21 RESOLUTION NO. 9329 (C2500.N)
A Resolution of the City Council of the City of Orange approving the application for
grant funds to the California Department of Parks and Recreation for youth soccer fields
at a community park located at the northwest corner of the intersection of Prospect and
Spring Street in the City of Orange.
ACTION: Approved.
3.22 RESOLUTION NO. 9404 (A2100.0 AGR-3578)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 990-35; SP-3307; Hillcrest
Contracting, Inc.; Katella Avenue Streetscape Improvements.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.23 RESOLUTION NO. 9406 (C2500.M)
A Resolution of the City Council of the City of Orange commending Public Works staff
members for extraordinary effort on the Prospect Street Community Park remediation
project.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to approve Resolution No. 9406.
(REMOVED AND HEARD SEPARATELY)
3.24 RESOLUTION NO. 9407 (C2500.D.5)
A Resolution of the City Council of the City of Orange expressing appreciation to
California State Senator John R. Lewis, 33ro District, and commending him for twenty-
one years ofloyal and dedicated service to the people of California.
Councilmember Coontz indicated she had asked for a commendation for Senator Lewis
to thank him for his assistance to the City with securing significant state funds for
Prospect Park during her term as Mayor because these activities occurred last year.
However, the Senator was in Sacramento and unable to attend until this Council meeting.
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3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz
NOES - Slater
Moved to approve Resolution No. 9407.
Councilman Slater stated his reasons for voting No - With all due respect to the State
Senator, and I appreciate the fact that he helped us with the grant for that park space to
the tune of $900,000, although I know that our political lobbyist and our staff had
something to do with that, I would rather in this case that a thank you letter be given
instead of a Resolution. My exception is that I don't know in the past that we've done
something like this. My concern is that this individual has been indicted for a felony in
terms of forging Ronald Reagan's signature - indicted by the grand jury in Sacramento.
Furthermore, he has been closely or peripherally involved with some of the dirtiest
campaigns Orange County has ever seen. So for these reasons, I will not be supporting
Resolution Item No. 3.24 nor did I sign the Resolution.
3.25 RESOLUTION NO. 9414 (T2200.0)
A Resolution of the City Council of the City of Orange certifYing the City will sustain its
level of expenditures for transportation purposes.
ACTION: Approve.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Items 3.8, 3.11, 3.23 and 3.24 were removed and heard separately. Mayor Murphy
abstained on Items 3.8 and 3.11. Councilman Slater voted No on Items 3.24. All other
items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
4.1 Confirmation of City Council and Regional Committee appointments; terms to
expire November, 2002.
Audit Committee
Mayor Murphy/Councilman Slater
Cities-Schools Coordinating Committee
Mayor Murphy/Alternating Councilmember
County Sanitation Districts of Orange County
Mayor Murphy - Active Director
Councilmember Coontz/Alternate Director
Foothill/Eastern Transportation Corridor JPA & Sub-Committee
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4. REPORTS FROM MAYOR MURPHY (Continued)
Councilmember Coontz/Councilman Slater (Alternate)
Growth Management Area Committee
Councilman Alvarez (second member by availability)
Joint Powers Fire Training Authority
Mayor Murphy
Orange County-City Hazardous Materials Emergency Response Authority
Councilman Slater
Orange County Council of Governments (COG)
Councilman Slater
Orange County Integrated Waste Mgt. Agency
Councilmember Coontz
Orange County Vector Control District
Councilmember Alvarez
Orange Economic Development Partnership Advisory Committee
Mayor Murphy (second member fixed rotating monthly schedule)
Orange Housing Development Corporation
Mayor Murphy / Councilmember Coontz
Orange/Santa Ana-Joint Powers Authority Transp. System Improvement Authority
Mayor Murphy/Councilmember Coontz (Alternate)
Santa Ana River Flood Protection Agency
Councilman Alvarez
Mayor Murphy announced the appointments to the Orange Housing Development Corporation
needed to be included in the motion; and requested the appointment to the Orange County
Regional Airport Authority be considered separately. He felt all appointments needed to be
made at this time, but can be changed if necessary after a 5th Councilmember is elected in June.
Councilman Slater reported the Orange County Council of Governments is a representative of
District 17 of the SCAG District which the City does not belong to. In fact, none of the three
representative cities - Orange, Tustin or Villa Park, belong to SCAG. Councilman Slater has
been representing these cities on this Committee for six years with Councilman Bob Bell from
Villa Park as the alternate. With Council's concurrence, Councilman Slater is going to ask if
another city could take the lead on this if no other Councilmember from Orange is able to.
It was noted the Orange County Waste Management Agency is an appointment of the County
Board of Supervisors and the representation to the Orange Housing Development Corporation is
a confirmation only of an appointment made by their Board.
MOTION - Murphy
SECOND - Coontz
AYES -Slater, Mayor Murphy, Coontz
NOES - Alvarez
Moved to pull Orange County Regional Airport Authority for discussion; approve
reappointments, terms to expire November, 2002.
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4. REPORTS FROM MAYOR MURPHY (Continued)
Councilman Alvarez voted No as he suggested this item be continued to further study the
membership of each Committee.
Orange County Regional Airport Authority
Councilman Slater/Councilmember Coontz (Alternate)
Councilman Slater reported on an article in the newspaper which stated he was against the
proposed El Toro Airport. He confirmed that he is a proponent of the Airport and serves as Vice
Chairman of the Committee. The article misinterpreted his comments and the reporter has
already apologized and will be printing a correction in the next paper. His concerns, which
should have been printed, were actually for the flight patterns into John Wayne Airport which
have changed recently. The flight pattern is now over the East Orange area.
He requested an item be agendized for the February 27, 2001 Council meeting regarding a letter
being sent to the County Board of Supervisors requesting a formal response on why the flight
patterns for John Wayne Airport have changed to now fly over the East Orange area.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz
NOES - Alvarez
Moved to approve the reappointments to the Orange County Regional Airport Authority.
Councilman Alvarez voted No because he joins 63% of Orange residents in not supporting the
proposed El Toro Airport.
5. REPORTS FROM COUNCILMEMBERS
Councilman Alvarez requested an item be agendized for the February 27, 2001 Council meeting
regarding the investigation into the Airport Working Group PAC.
The City Attorney reported a complaint has been filed that the Airport Working Group Political
Action Committee has allegedly violated the City's Campaign Contribution Ordinance. There is
currently an investigation, part of which could possibly lead to a criminal investigation. Because
of this he would not want to agendize this for public comment. He is reviewing the complaint
and is very aware of a possible conflict of interest; and therefore, will get a second opinion from
outside counsel before moving forward with any investigation.
Councilman Alvarez explained the reason for agendizing this is the possibility of expending
money for outside counsel.
Mayor Murphy suggested a briefing in Closed Session before a public session.
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5. REPORTS FROM COUNCILMEMBERS (Continued)
The City Attorney stated it might be appropriate to give the Council a confidential memo; but
because there is the potential for criminal investigation, there can not be any attempt by any
Councilmember to direct the City Attorney's investigation as this could constitute interference
with that investigation. The District Attorney would not have jurisdiction over this because it is
a violation of City Ordinance and not state law.
Councilmember Coontz stated an investigation is important. She has never been involved in
negative political mailings and the Council needs to investigate this.
Councilman Alvarez stated he would like this discussion agendized, but based on the
information the City Attorney provides, he the has the option to withdraw it at that time.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Re-appointment of citizens to the following Committees; all terms to expire June 30,
2003.
AUDIT COMMITTEE
Eric H. Woolery, David E. Sundstrom, Dwight Nakata, G. David Piper (alternate)
BUILDING BOARD OF APPEALS/HOUSING BOARD OF APPEALS
Frank Bauman, Jim Brennan, Jack Selman
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMITTEE
Victoria James, Mary Ellen Manning, Bea Vega, Richard Ledesma, Jan Mickelson
COMMUNITY VIDEO ADVISORY BOARD
Marcia Salley, Jerry Coker, Pat Buttress, Bob Mickelson
INVESTMENT ADVISORY COMMITTEE
James Hansen, Harold Jackson, Charles Simons
ORANGE ELDERLY SERVICES, INC. BOARD OF DIRECTORS
Richard Alarcon, Beulah Liebich, Barbara Resnick, Chuck See, Neil Mansdorf
(Council Nominations to Board only)
SANTIAGO LIBRARY SYSTEM LAY ADVISORY BOARD
Recommendation: Disband.
Councilmember Coontz asked if each of these members were notified and asked if they wished
to continue serving on these committees.
Mayor Murphy stated no letters were sent out, but he has received indications that they are
interested in continuing.
Councilman Alvarez suggested this list be reviewed to determine the effectiveness of each
committee and also look at the length of time each member has served.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
PAGE 14
CITY COUNCIL MINUTES
February 13,2001
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
Moved to approve the recommendations for the Orange Elderly Services Board of Directors and
the Santiago Library System Lay Advisory Board.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to continue the reappointments to the Audit Committee, Building Board of Appeals,
CDBG Program Committee, Community Video Advisory Board and Investment Advisory
Committee to February 27,2001
Councilmember Coontz requested information from staff as to the quality of each member's
service and attendance record.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Economic Development Director regarding approval of Loan and
Grant Agreement by and among the City of Orange, the Orange Redevelopment Agency
and Orange Housing Development Corporation (OHDC) for the acquisition and
rehabilitation of 481-491 South Lemon Street. (A2100.0 AGR-3703)
SUMMARY: OHDC requests a loan and a grant to acquire and rehabilitate six units located at
481-491 South Lemon Street. The total estimated cost of the project is $459,000, which includes
$20,000 for rehabilitation. If approved, the City would provide a loan of $207,000 using federal
HOME funds and the Orange Redevelopment Agency would provide a grant of $69,000 using
Housing Set-Aside funds. In return for the assistance, all of the units would remain affordable to
low and moderate-income households for a 55-year period.
FISCAL IMPACT: HOME funds are available for the project as follows:
Account No. 317-9660-485100-1210 - $142,500 - HOME CHDO
Account No. 317-9660-485100-1250 - $ 64,500 - HOME Capital Outlay/Developer Acct.
Housing Set-Aside funds in the amount of $69,000 will be appropriated in (Agency) Southwest
Housing Set-Aside Account Number 921-9809-485802-1250.
DISCUSSION
The Economic Development Director reported this project will provide an opportunity to utilize
federal HOME funds and provide low income housing for a period of 55 years. These homes
require just a little fix-up and will be well managed and well maintained. She commended the
work of the Orange Housing Development Corporation, which is a non profit organization
governed by volunteers; and introduced Eunice Bobert, Chief Executive Officer of the OHDC.
PAGE 15
CITY COUNCIL MINUTES
February 13,2001
7. ADMINISTRATIVE REPORTS (Continued)
Resolution No. 9409
A Resolution of the City Council of the City of Orange approving a Loan and Grant Agreement
by and among the City of Orange, the Orange Redevelopment Agency and Orange Housing
Development Corporation regarding 481-491 South Lemon Street and making certain findings.
MOTION -Slater
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz
That Resolution No. 9409 be adopted.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to direct the City Attorney's Office to prepare, approve, and execute the Loan and Grant
Agreement by and among the City of Orange, the Orange Redevelopment Agency and OHDC;
and commit $207,000 in federal HOME Investment Partnership Act funds for the project.
TAPE 2950
7.2 Cooperation and Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency relating to the Plaza Preservation Project.
(A2100.0 AGR-3696)
Award of Contract - Bid No. 001-21, Project SP 3327, Plaza Preservation Project.
(A2100.0 AGR-3697)
Award of Contract - Bid No. 001-21, Project SP 3319, Parking Lot Improvements for 345
E. Chapman Avenue (Bank of America) Project. (A2100.0 AGR-3698)
NOTE: Councilman Alvarez abstained on this item due to property interests in the Old Towne
area.
SUMMARY: The Cooperation and Reimbursement Agreement provides for partial
reimbursement in the amount of $911,927 by the Orange Redevelopment Agency to the City for
costs incurred to improve the central public square and circular Plaza at Glassell and Chapman
Avenue.
Project 3327, Plaza Preservation Project improvements include the demolition and removal of
the existing masonry planters, brick sidewalks, drainage inlets, and brick crosswalks, and
replacement with new colored and textured concrete surface improvements, drainage inlets will
be replaced with increased capacity inlets, new decorative metal street lights, and street
ornamental street furniture including benches and trash receptacles. The Plaza Park
improvements include new landscaping, concrete surfacing, refurbishment of the decorative
central fountain, and ornamental street furnishings. Historical features of the Plaza Park will be
refurbished and reinstalled in the final construction improvements.
PAGE 16
CITY COUNCIL MINUTES
February 13, 2001
7. ADMINISTRATIVE REPORTS (Continued)
Project 3319, Parking Lot Improvements at the former Bank of America Parking lot include the
construction of new concrete curbing, asphalt concrete paving, lighting, landscaping and
irrigation.
FISCAL IMPACT: Funds are budgeted and will be available in the Capital Improvement
Program in the following accounts:
Plaza Preservation Project:
500-7021-485100-9875
920-9811-485100-9875
Capital Projects
Redevelopment Funds
$ 731,960
$ 911,927 *
$1,643,887
Total Funds
Parking Lot Improvements:
926-9811-481200-0000-20050Redevelopment Funds $ 166,250
920-9811-481200-0000-20050Redevelopment Funds $ 20,000 *
Total Funds $ 186,250
*Funds in these accounts are requested to be appropriated under the Redevelopment Agency
Agenda.
DISCUSSION
The Director of Public Works presented a briefreport on this project. This work implements the
recommendations and actions already approved by Council and is schedule to begin in April and
finish in August. It is a major undertaking, and the City will try to minimize disruptions.
PUBLIC COMMENT
The following people spoke in opposition to the Plaza project:
Dr. C. Salovesh, 700 Lake Dr.
Pat Kelly, address on file
Rene Mascolo, 138 N. Glassell, Rene Jewelers
Joseph Coopey, 1925 E. La Veta
Jon Dumitru, 860 N. Kathleen St. #A
Brenda Asheington, 1459 N. Blake
Domenic Santucci, 732 S. Breezy Way
Carol Collis, 22 Plaza Sq.
Bea Herbst, 1435 E. Walnut Avenue
Chuck Mabry, 13912 Taft Ave. #1
Hank Mascolo, submitted approximately 1200 signatures in favor of keeping the bricks in the
Plaza area
Samm Williams, 21 Bridgewood, Irvine, owner of Colleen O'Hara Beauty Academy at
102 N. Glassell
Meg Breeze, 60 Plaza Square
Thomas Eckert, 3518 Copper Kettle Way
Linda McElvogul, 477 S. Pine
PAGE 17
CITY COUNCIL MINUTES
February 13, 2001
7. ADMINISTRATIVE REPORTS (Continued)
Their concerns were as follows:
. Inconvenience and disruption to merchants
. Loss of revenue to merchants
. Compensation to merchants for disruption to their businesses
. Disruption for visitors
. More public discussion required
. Wishes of downtown business owners have been ignored
. Keep the bricks - bricks are more aesthetic
. Trees could be in jeopardy during construction
. Timing of construction is during busiest time of year, especially for outside restaurants
. More flexibility in repairing bricks rather than cement
. Historic preservation will be jeopardized
. Maintaining plaques
RESPONSE TO CONCERNS:
TAPE 4550
Mayor Murphy eXplained this is the culmination of two years of discussion and public hearings.
The Director of Public Works responded to the following concerns:
· Duration - the schedule of April through August is the total time period for construction of
the entire proj ect, including the parking lot at 345 E. Chapman; activities at each location
will be shorter in duration; opposite quadrants, diagonally, will be under construction at the
same time
. Timing - April through August was chosen as the City did not want to disrupt the Street Fair
or Holiday shopping; winter months are also less predictable for keeping to time schedules,
and rain could delay construction
. Access to businesses - this will be maintained at all times; possibly two to three weeks of
actual construction at a given location
. Traffic - there will be possible lane reductions outside of peak traffic hours; but traffic will
be maintained.
. Historic preservation - an historic consultant will be overseeing the project and preservation
guidelines will be met
. Business disruption - as much work as possible will be done at night; an Outreach Consultant
will be working in the area to help with individual merchant problems
. Trees - the contractor is required to protect the trees, but in the event of a problem, the
contractor would be required to restore any trees or plants
. Scope of work - include major upgrades for the drainage system, which is old and sub-
standard; curbs and gutters are being replaced; electrical system is being upgraded; and the
lighting system is being improved.
. Plaques - the contractor is required to inventory all plaques with location and identification
of each one; they will be removed in advance of any demolition activity and restored as close
as possible to their original location
PAGE 18
CITY COUNCIL MINUTES
February 13, 2001
7. ADMINISTRATIVE REPORTS (Continued)
. Brick pavers - approximately 50% of the pavers need to be removed anyway in order to
make necessary upgrades, such as the storm drain facilities The City recognizes this is a
complex project with a lot of impacts; and a great deal of effort has been put into addressing
these issues.
The City Attorney reported on the question about compensation to business owners. The
California Constitution allows a City to expend money for public purposes; but that which helps
a private business is prohibited by law. The City can promote the Downtown area as a whole,
but is prohibited from paying an individual business.
COUNCIL DISCUSSION:
Councilmember Coontz pointed out the bricks were put in the Plaza around 1969 and without
much public comment. This project has already been approved with much public input and this
particular action is approving the contractual agreement for the work. She spoke on the
importance of routine maintenance for the entire Plaza; and indicated a detailed report of the
work that is proposed is available from the City Clerk's Office. She suggested that updates be
provided to the Council during the entire construction period.
Councilman Slater stated this project has been scrutinized very closely and that is why it has
taken two years to go through the process. It is supported by the Old Towne Preservation
Association, the Historical Society and a Historical Consultant. This is not a demolition of the
Plaza, but a preservation project; and the intent is to put the Plaza back to the design of the
1930's.
RESOLUTION NO. 9408
A Resolution of the City Council of the City of Orange approving and authorizing the execution
of a Cooperation and Reimbursement Agreement with the Orange Redevelopment Agency
relating to the Improvement of the Central Public Square and Circular Plaza at Glassell Street
and Chapman Avenue.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz
ABSTAIN - Alvarez
Moved to adopt Resolution No. 9408.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz
ABSTAIN - Alvarez
PAGE 19
CITY COUNCIL MINUTES
February 13, 2001
7. ADMINISTRATIVE REPORTS (Continued)
Moved to award a contract in the amount of$I,031,501.60 to Terra-Cal Construction, 14530
Joanbridge Street, Baldwin Park, CA 91706 and authorize the Mayor and City Clerk to execute
on behalf of the City for the Plaza Preservation Project; and award a contract in the amount of
$161,878.95 to Terra-Cal Construction, 14530 Joanbridge Street, Baldwin Park, CA 91706 and
authorize the Mayor and City Clerk to execute on behalf ofthe City for the Parking Lot
Improvement Project at 345 E Chapman Avenue. City Manager instructed to provide
construction updates throughout the entire construction period.
7.3 Report from the Personnel Director regarding the PERS 3% @ 50 retirement
program for the City's sworn Police and Fire employees effective May 20, 2001. (C2500J.4)
The Personnel Director reported adoption of this Resolution and Ordinance is necessary in order
to formally amend the contract with PERS to provide this retirement plan for all safety
employees. This benefit will bring the City of Orange in line with most public agencies and
makes Orange competitive in Orange County.
RESOLUTION NO. 9399
A Resolution of Intention to Approve an Amendment to the Contract Between the Board of
Administration of the California Public Employees' Retirement System and the City Council of
the City of Orange to Provide the 3% @ 50 Retirement Program for the City's Safety
Employees.
MOTION - Coontz
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved that Resolution No. 9399 be adopted.
ORDINANCE NO. 3-01 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending the contract between the
Board of Administration of the California Public Employees' Retirement System and the City of
Orange to Provide the 3% @ 50 Retirement Program for the City's Safety Employees.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved that Ordinance No. 3-01 be read by title only and same was set for second reading by the
preceding vote.
8. REPORTS FROM CITY MANAGER - None.
PAGE 20
CITY COUNCIL MINUTES
February 13,2001
9. LEGAL AFFAIRS
9.1
ORDINANCE NO. 2-01 (SECOND READING)
(A2500.0)
An Ordinance of the City Council of the City of Orange repealing Chapter 5.60 of Title 5 of the
Orange Municipal Code pertaining to permitting of security businesses.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved that Ordinance No. 2-01 be read by title only and same was approved and adopted by the
preceding vote.
TAPE 5900
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
NOTE: The City Council recessed at 7:20 p.m. and reconvened at 7:35
11. RECESS TO CLOSED SESSION
The City Council recessed at 9:25 p.m. to a Closed Session (after the 7:00 p.m. Session) for the
following purposes:
a. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
I) Property: Parcel located at 920 West La V eta Avenue
Negotiating Parties: City of Orange and R.B. Newcom Enterprises
Under Negotiation: Price and Terms of Payment
2) Property: Parcel located at northwest corner of Spring and McPherson
Negotiating Parties: Union Pacific Railroad and City of Orange
Under Negotiation: Price and Terms of Payment
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organization: Executive Directors and Top Management Employees
c. Conference with Legal Counsel - anticipated litigation pursuant to Government Code Section
54956.9(b) (one potential case, Employment Solicitation Ordinance)
d. Conference with Legal Counsel pursuant to Government Code Section 54956.9 existing
litigation:
Thomas Dula v. City of Orange, Orange County Superior Court Case No. 00CC02143.
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 of the matters will not be considered in Closed Session.
PAGE 21
CITY COUNCIL MINUTES
February 13, 2001
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 6100
Mr. Dana Reed, 520 S. Grand, #700, Los Angeles, Attorney representing the Airport Working
Group Political Action Committee, stated his clients are very concerned that supporters of one or
more candidates in the upcoming special election are attempting to involve the City of Orange in
what is nothing more than a typical political squabble between adversaries. They have asked
him to urge the City to exercise restraint before jumping into this political fray. His clients
firmly believe they have the absolute right under the United States Constitution to participate in
City elections as they have done in the past and they are concerned that some might attempt to
abridge these rights in the future. His clients believe it is one thing for partisans to rant and rave
and perhaps even resort to private litigation to achieve their personal political goals. It is quite
another thing, however, for a governmental entity acting under color of law to interfere with
anyone's right to free speech or right to free association with like-minded individuals. Again,
the Airport Working Group Political Action Committee respectfully urges that the City move
cautiously in addressing the demands of its detractors. They thank the City Council for the
courtesy in allowing him to speak.
Councilman Alvarez asked him ifhe would name his specific clients. Mr. Reed stated it was the
Airport Working Group Political Action Committee and they are registered with the State of
California, the Secretary of State, as a Recipient Committee under the Political Reform Act.
The City Attorney advised that this discussion be taken out of the public forum and let whatever
investigation needs to be done take its course.
13. PUBLIC HEARINGS
13.1 JOINT PUBLIC HEARING WITH THE ORANGE REDEVELOPMENT
AGENCY - DISPOSITION OF REAL PROPERTY IN THE SOUTHWEST
REDEVELOPMENT PROJECT BY THE AGENCY TO VRSJ LLC:
(A21 00.0 AGR-3702)
Time set for joint public hearing with the Orange Redevelopment Agency Board of Directors to
consider the proposed disposition of real property by the Agency to VRSJ LLC. Subject
property located at 1429 W. Palmyra Avenue.
The Economic Development Director reported approximately 10 years ago the Agency acquired
a half acre parcel located at 1429 W. Palmyra for future redevelopment purposes. It was used
by the former Ford of Orange dealership up until 2 years ago. The Agency has been working
with VRSJ LLC to develop this property, looking at various uses. VRSJ owns other property
adjacent to this parcel and is proposing to develop an 80,000 square foot medical complex in
that area. This particular parcel is needed for that development and the Agency is proposing the
sale of this property to VRSJ LLC. Development of this medical complex will also allow for
right of way purposes for the future widening of Main Street.
Councilman Alvarez asked about the corner parcel on Main and Palmyra where there is an
existing 7-11 Store.
PAGE 22
CITY COUNCIL MINUTES
February 13,2001
13. PUBLIC HEARINGS (Continued)
The Economic Development Director stated that both the Agency and VRSJ made a concerted
effort to acquire that property but the owner did not want to move. The development of a
medical complex should also help to mitigate the police problems that have existed at this 7-11
Store.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE HEARING.
RESOLUTION NO. 9405
A Resolution of the City Council of the City of Orange authorizing the sale of property by the
Orange Redevelopment Agency to VRSJ LLC, a California limited liability company, in
accordance with the terms of an Owner Participation Agreement by and between the Orange
Redevelopment Agency and VRSJ LLC for redevelopment of a site within the Southwest
Redevelopment Project.
MOTION - Murphy
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved that Resolution No. 9405 be adopted.
NOTE: The City Council convened to the Redevelopment Agency Agenda, Item 11.1
TAPE 6850
13.2 APPEAL NO. 480; CONDITIONAL USE PERMIT 2355-00; TWO-STORY
SECOND UNIT AT 475 S. GRAND ST.; COUNCILMAN MIKE ALVAREZ, ON
BEHALF OF LUIS CABALLERO: (A4000.0 APP-480)
NOTE: Councilman Slater abstained on this item due to a property ownership conflict and left
the dais.
Time set for public hearing to consider an appeal by Councilman Mike Alvarez, on behalf of
Luis Caballero, of the Planning Commission's decision to approve Conditional Use Permit 2355-
00, granting a request to allow construction of a two-story second unit within the Old Towne
District. NOTE: This project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15332 of the State CEQA Guidelines, and per
City of Orange Local CEQA Guidelines Section IV.C.2.d.
APPELLANT'S REASON FOR THE APPEAL:
"I. The proposed project fails to comply with Old Towne Design standards. 2) This project is
misrepresented as a 1-1/2 story project, but is a 2-story project. This represents an excessive
structure violating the bulk and mass guidelines for the historic area guidelines. 3) The project's
PAGE 23
CITY COUNCIL MINUTES
February 13, 2001
13. PUBLIC HEARINGS (Continued)
size and scale threatens the historic fabric of the neighborhood and will set a dangerous
precedent for Old Towne. 4) The density of Grand Ave. has exceeded acceptable levels."
STAFF REPORT
The Community Development Director reported the proposed second unit is a two stories at the
rear of the property. It has 2 bedrooms and is 890 square feet built over a 3-car garage. It has
been reviewed by the DRC and the Planning Commission. One of the main issues is that the
existing zoning if R-2-6 while the General Plan is Low Density Residential. A report was
submitted last year by the City Attorney on the General Plan and zoning, stating they are not
legally inconsistent and the application could move forward. A general study is underway for a
two block area of South Grand Street.
A model was submitted by the Appellant and was reviewed by City staff. The measurements
were certified as to accuracy on the 475 S. Grand lot as they were compared to existing plans.
There are no plans on file for the surrounding lots, so although they appear accurate, the
measurements can not be confirmed.
The City Attorney reminded the Council that comments need to focus on current zoning for this
project, as it would not be appropriate to deny the project based on a study that may change the
zoning at a later date.
MAYOR MURPHY OPENED THE PUBLIC HEARING
TAPE 2 OF 2
Luis Caballero, 487 S. Grand, Appellant, stated although the current zoning is R-2-6, the
proposed project does not comply with the General Plan and other zoning requirements; and R-2-
6 zoning does not guarantee a second unit can be built. He stated the project is actually 2029
total square feet with an FAR of .48. He reviewed the guidelines of the Old Towne Design
Standards, stating the proposed rear unit will be larger than the principal structure in front. It is
excessive in bulk and mass, out of proportion and scale with other contributing buildings on the
street and will adversely affect property values in the neighborhood.
Mary Matusak, 300 block of South Grand, stated the Applicant has misrepresented the project. It
is claimed to be 1-1/2 stories and 1940 square feet, but is actually 2 stories and 2029 square feet;
and is too big a structure for the area.
Clark Hills, 475 S. Grand, Applicant, stated he bought this house with the intent of adding a
second unit. He has gone through the entire process appropriately, making changes along the
way as requested by both the DRC and Planning Commission. He pointed out the City is
requiring him to build a 3-car garage - 2 for the front house and 1 for the additional unit, which
is contributing to the size of the structure.
PAGE 24
CITY COUNCIL MINUTES
February 13, 2001
13. PUBLIC HEARINGS (Continued)
John Linnert, Architect for the Applicant, questioned the accuracy of the neighboring lots on the
Appellant's model. The allowable FAR is 70%, while they have 47%; and the unit was designed
to be 1-1/2 stories to be more sensitive to the bulk and mass issues.
The following people spoke in favor of the Appeal:
Bob Hitchcock, 195 N. Shaffer, OTP A President, speaking on behalf of OTPA
John Goode, 438 S. Grand,
Garry Warner, 464 S. Center St., also representing Dorothy Court, 470 S. Center
Noel Sandy Wilcox, 458 S. Grand Street
Dan Slater, 278 N. Pine St., resident of Old Towne, owns property within close range.
Kristin Caballero, 487 S. Grand Street, also asked for clarification on a Councilmember's
abstention because of a financial interest, and the Mayor's friendship with the Applicant
creating a personal interest.
Concerns expressed were:
. Negative effect on property values
. Cumulative effect on the neighborhood
. Too many rentals on Grand Street
. Second unit is too large
Ken Millbrat, 308 S. California Street, spoke in opposition to the Appeal.
The City Attorney explained the reasons for a Councilmember's abstention on a project. Under
State law, if anybody owns property within 300 feet of a project, or has a source of income
within 300 feet, the law requires an abstention. From a general perspective, being personally
familiar with someone has never been enough, under any conflict of interest analysis, to create a
conflict requiring an abstention.
REBUTTAL
Clark Hills reiterated the fact that he is required to have the 3-car garage which contributes to the
size of the unit. The garage will also provide off-street parking. He has gone through the
required process, costing him approximately $10,000; and did not want to be penalized for a
zoning issue which affects the entire area.
John Linnert, stated the zoning application IS consistent with all standards and that all
requirements have been met.
Luis Caballero, stated the Applicant has not addressed the Old Towne Design Standards, which
are just as important as the zoning; and has not addressed the contributing structures and rhythm
patterns - the fact that the rear structure is larger than the front structure.
PAGE 25
CITY COUNCIL MINUTES
February 13,2001
13. PUBLIC HEARINGS (Continued)
Mary Matusak, stated the R-2-6 zone does not allow the building of a second unit when the unit
does not comply with other standards; and suggested the neighborhood has reached an erosion
point with too many second units.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
COUNCIL DISCUSSION
The City Attorney clarified the memo which he wrote last October, which has been
misrepresented by both the Applicant and the Appellant. His statements in the memo only
address whether the R-2-6 zoning is inconsistent with the General Plan and specifically stayed
away from any analysis of a particular project. Nowhere in the memo is there a statement
specifically about this project. In his memo, he summarized his analysis of why the R-2-6
zoning was adopted, concluding that the General Plan had several goals. The goals that were
obtained via the R-2-6 zone was to increase the housing stock on under-developed properties by
allowing for a moderate amount of additional residential development. That is probably the
primary overriding goal. The primary purpose in promoting the R-2-6 zoning was to allow the
kind of development where it will preserve the historic character of the neighborhood. That
needs to be the overriding consideration.
In terms of net acreage vs. gross acreage, the General Plan speaks in terms of net acreage. In the
Old Towne area in general, the City looks at 6 units per net acreage.
Councilmember Coontz asked for the date of the General Plan being referenced; if this project
addresses the design guidelines, and whether non-conforming buildings in the neighborhood
have been addressed.
The Director of Community Development stated the referenced General Plan is approximately
ten years old. Also, R-2-6 does not guarantee two units. It has to be compatible with other
provisions of the Zoning Code, which includes the Design Standards for Old Towne. With
regard to non-conforming lots, this lot does not meet the width requirements for an R-2-610t, but
can still be developed under the Zoning Code if all other standards are met. Also, in the Zoning
Code, both structures are of equal importance, so the statement that the garage exceeds 50% of
the front unit does not apply under City code. With regard to mass and bulk and rhythm, that
becomes subjective when looking at the street in general. With regard to non-conforming
buildings, they are allowed to remain, giving residential property owners some latitude.
Councilman Alvarez stated he has been trying to balance property rights with preserving the
neighborhood, and the City needs to determine when to draw a line with the number of rentals in
a neighborhood. He felt that second units need to be more in line with the contributing house
and neighborhood, and this unit could set a negative precedent for the rest of the block.
Councilmember Coontz stated with regard to the rhyme and rhythm of the neighborhood, a much
different view of the neighborhood can be seen from the alley. This proposed building is an
PAGE 26
CITY COUNCIL MINUTES
February 13, 2001
13. PUBLIC HEARINGS (Continued)
improvement to what was there and also compared to many of the existing non-conforming
buildings that are especially seen from the alley. The Applicant has followed the required
process and the proposed unit is not necessarily being used as a rental. Much ofthis is subjective
and the City needs to look at the non-conforming issue, the FAR issue and definitions for bulk
and mass in general.
Mayor Murphy stated that from a historical perspective, it makes more sense to add a second unit
than modifY the existing unit. Approximately 50% of the properties in that area already have
second units and this proposal represents an improvement compared to a number of existing
second units.
TAPE 2680
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Coontz
ABSENT - Slater
Moved to find that the project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15332 of the State CEQA Guidelines, and per
City of Orange Local CEQA Guidelines Section IV.C.2.d.
MOTION - Murphy
SECOND - Coontz
AYES - Mayor Murphy, Coontz
NOES - Alvarez
ABSENT - Slater
Moved to deny Appeal No. 480 and uphold Conditional Use Permit 2355-00.
14. PLANNING AND ENVIRONMENT - None.
NOTE: The City Council recessed at 9:25 p.m. to a Closed Session (outlined on Page 21).
15. ADJOURNMENT
MOTION
SECOND
AYES
- Alvarez
- Coontz
- Slater, Alvarez, Mayor Murphy, Coontz
Moved to adjourn at 10:20 p.m. in memory of Vernon Valentine.
r1M~~
CASSANDRA 1. THCART, CMC
CITY CLERK
1i~:!t4y
MAYOR
PAGE 27