10/9/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON NOVEMBER 13, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 9,2001
The City Council of the City of Orange, California convened on October 9,2001 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 Frank Riley, Orange Covenant Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Coontz
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
A $300 check was presented to the Mayor and City Council from Sheri Melton and John
Rusk of the Orange Art Association for landscape color at Pitcher Park and Depot Park.
A Proclamation honoring Stater Bros. Markets' 65th Anniversary, was presented to Joel
Bradley, Grocery Supervisor.
The Police Chief provided a summary of the actions being taken in Orange after the
recent terrorist attacks. City staff is on heightened alert and are looking at all resources to
make sure the City is prepared. They are working with all the Police Departments in the
county for overall security and are following the actions taken by state government for
gathering intelligence. There are two full time Detectives assigned to this task and they
are also working closely with the Fire Department. There have been no credible threats
in Orange.
In response to questions by Council, the Police Chief reported that an officer had collided
with a bicyclist the previous week, but there were no serious injuries to either party.
2. PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES
October 9, 2001
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 October 9, 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.
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 September 20 and 27,
2001.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting September
20, 2001 and Regular Meeting September 25, 2001
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Agreement between the County of Orange and the City of Orange for Provision of
Gang Prevention and Suppression Services (A2100.0 AGR-1853.I)
SUMMARY: Since 1991, the City of Orange and the County of Orange have entered into
yearly agreements that have provided the City with the services of a full-time Probation
Officer specializing in gang prevention and suppression. The Probation Officer works in
conjunction with the Police Department's Gang Unit to provide supervision and
enforcement of court orders for minors and adults on probation under the existing policy
of the Orange County Probation Department and Superior Court. The proposed
Agreement is for the period July 1, 2001 through June 30, 2002.
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CITY COUNCIL MINUTES
October 9, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Agreement between the County of Orange and the City of
Orange for Provision of Gang Prevention and Suppression Services in the amount of
$97,302; and authorized the Mayor and the City Clerk to execute the Agreement on
behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2001-2002 in
account number 120-4032-426700 (prop 172-Gangs-Other Professional & Consulting
Services).
3.6 Side Letter Agreement between the Orauge Maintenance and Crafts Employees'
Association and the City of Orange dealing with Agency Shop. (C2500.J.4.4)
SUMMARY: On September 19, 2001, the Orange Maintenance and Crafts Employees'
Association voted in favor of establishing an Agency Shop. This Agency shop provision
requires that as a condition of continuing employment, all employees covered by this
Memorandum of Understanding must either join the Association or pay to the
Association a service fee in lieu thereof.
ACTION: Approved the Side Letter Agreement between the Orange Maintenance &
Crafts Employees' Association and the City of Orange dealing with Agency Shop and
authorized the Mayor and the City Clerk to execute the Agreement on behalf of the City.
FISCAL IMPACT: None.
3.7 Agreement between the City of Orange and David Volz Design Landscape
Architects, Inc. for the Master Plan of Cerro Villa Park (A2100.0 AGR-3867)
SUMMARY: Approval of the professional services agreement, RFP 012-08, between the
City and David Volz Design Landscape Architects, Inc. in an amount not to exceed
$82,055 for the design services for the Master Plan of Cerro Villa Park.
ACTION: Approved the professional services agreement, RFP 012-08, between the City
and David Volz Design Landscape Architects, Inc. in an amount not to exceed $82,055
and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: Sufficient funds exist in the following Account:
510-7021-485100-0150 (Cerro Villa Park): $ 82,055.
3.8 2001-02 Animal Control Services Agreement with the County of Orange
(A2100.0 AGR-0135.N)
SUMMARY: The City of Orange contracts with the County of Orange for animal control
field and shelter services. The term of this annual renewal is July 1, 2001 through June
30, 2002. The contract amount is $248,970.
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CITY COUNCIL MINUTES
October 9, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved the proposed agreement for animal control services between the
City of Orange and the County of Orange in the amount of $248,970 and authorized the
Mayor and City Clerk to execute the agreement on behalf ofthe City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2001-2002 in
Account Number 100-4031-427100-2350 (Detectives - Contractual Services).
BIDS
(REMOVED AND HEARD SEPARATELY)
3.9 Rejection of Bids and Authorization to Re-advertise for Bids, Bid No. 012-06,
Landscape Maintenance Services for City Parks (C2500.M.4)
SUMMARY: The City received four bids for landscape maintenance services at eleven
City Parks and additive items for trash pick-up and irrigation repairs at four other parks
during a portion of the year. The City will restructure the bid package to include all
eleven parks and to allow the City to deduct one or more of the park sites from the
contract to be awarded after the lowest responsible bidder has been determined. As such,
it is recommended that the City Council rej ect all bids and authorize staff to re-advertise
for bids.
Councilmember Coontz asked for a clarification of the report which stated that services
could be removed from a park.
The Community Services Director reported this gives staff more flexibility to make
reductions if necessary in the number of parks contracted out for maintenance. Any park
removed from the contract would be maintained by City staff.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Rejected all bids received for landscape maintenance services and authorized
the re-advertising of bids for landscape maintenance services at City Parks.
FISCAL IMPACT: Funds are budgeted in the following account: 100-7022-427100
(Landscape Maintenance): $ 160,000.
3.10 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Kenneth and Bessie Larkin
b. Annie Larkin and the Estate of Dr. Kenneth Larkin
c. Virginia Sinsabaugh
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CITY COUNCIL MINUTES
October 9,2001
3. CONSENT CALENDAR (Continued)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Contract Change Order No.3; Bid No. 001-15; Project No. SP-3275, City of Orange
Corporation Yard - Seismic Retrofit and ADA Improvements. (A2100.0 AGR-3678)
SUMMARY: Contract Change Order No.3 authorizes payment for extra work at agreed
prices. The amount of Contract Change Order No.3 is $19,029.91.
ACTION: Approved a Contract Change Order No.3 in the amount of $19,029.91 to
DRP Construction for the extra work.
FISCAL IMPACT: Funds are budgeted or are available in the following account:
550-5011-481105-2975 (Seismic Retrofit-Garage) $19,029.91
3.12 Award of Contracts - Bid No. 012-04; (1) Project No. SP-3335, AHRP Project -
Main Street Rehabilitation from Collins Avenue to Katella Avenue; (2) Project No.
SP-3325, Main Street Rehabilitation from Katella Avenue to Taft Avenue; and (3)
Eckhoff Street Rehabilitation from Collins Avenue to 370' South of Collins Avenue.
(A2100.0 AGR-3868/ 3869/3870)
SUMMARY: These three projects will rehabilitate Main Street from Collins Avenue to
Katella Avenue; Main Street from Katella Avenue to Taft Avenue; and Eckhoff Street
from Collins Avenue to 370 feet South of Collins Avenue.
The three projects are being combined into one construction project for economies of
scale and location benefits.
ACTION: 1) Awarded a contract in the amount of $362,471.50 to All American Asphalt,
400 E. Sixth Street, Corona, CA 92878 for Main Street from Collins Avenue to Katella
Avenue (SP-3335), and authorized the Mayor and City Clerk to execute on behalf of the
City. 2) Awarded a contract in the amount of $296,169.96 to All American Asphalt, 400
E. Sixth Street, Corona, CA 92878 for Main Street from Katella Avenue to Taft Avenue
(SP-3325), and authorized the Mayor and City Clerk to execute on behalf of the City. 3)
Awarded a contract in the amount of $31,047.55 to All American Asphalt, 400 E. Sixth
Street, Corona, CA 92878 for Eckhoff Street from Collins Avenue to 370 feet South of
Collins Avenue (SP-3326), and authorized the Mayor and City Clerk to execute on behalf
of the City. 4) Appropriated funds in the amount of $35,340 from fund 550 to account
No. 550-5011-483300-4003 for construction cost of Eckhoff Street (SP-3326).
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
1) Main Street from Collins Avenue to Katella Avenue (SP-3335)
550-5011-483300-3230 FY 01-02 $269,185 AHRP
934-9821-483300-3230 FY 00-01 $377,362 Northwest Project Area
Total $646,547
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CITY COUNCIL MINUTES
October 9,2001
3. CONSENT CALENDAR (Continued)
2) Main Street from Katella Avenue to Taft Avenue (SP-3325)
550-5011-483300-3231 FYOI-02 $189,183 AHRP
934-9821-483300-3231 FY 00-01 $265,211 Northwest Project Area
Total $454,394
3) Eckhoff Street from Collins Avenue to 370 feet South of Collins Avenue (SP-3326)
550-5011-483300-4003
934-9821-483300-4003
FY 01-02
FY 00-01
Total
Total
$35,340
$38,722
$74,062
$1,175,003
AHRP
Northwest Project Area
3.13 Award of Professional Engineering Services Contract in connection with Orange
County Sanitation District (OCSD) Cooperative Projects with City of Orange for:
1) Sacramento Street Storm Drain Improvements from Sacramento Street to 165
feet westerly (D-137); and
2) Hartman Street/Fletcher Avenue Storm Drain Improvements from Hartman
Street to Fletcher Retarding Basin (D-138). (A2100.0 AGR-3871)
SUMMARY: The contract authorizes the Consultant to provide field surveying,
geotechnical investigation, engineering reports, and preparation of plans, specification
and cost estimates for the OCSD Cooperative Projects with the City of Orange for storm
drain improvements.
The professional services for the two proj ects are being combined into one contract for
economies of scale and ease ofproject design coordination.
ACTION: Approved a contract with Merit Civil Engineering in an amount not to exceed
$ 43,097.00 and authorized the Mayor and the City Clerk to execute on behalf of the
City.
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
Sacramento Street Storm Drain Improvements (D-137):
530-5011-483300-5340 Drainage Districts $
550-5011-483300-5340 Reimbursable Capital Projects OCSD $
Total Funds $
Hartman StreetIFletcher Avenue Storm Drain Improvements(D-138):
530-5011-483300-5339 Drainage Districts
530-5011-483400-5339 Drainage Districts
550-5011-483300-5339 Reimbursable Capital Projects OCSD
Total Funds
49,493.22
50,000.00
99,493.22
$ 112,000.00
$ 203,000.00
$ 315,000.00
$ 630,000.00
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CITY COUNCIL MINUTES
October 9,2001
3. CONSENT CALENDAR (Continued)
PROPERTY PURCHASE
3.14 Purchase of a 10 foot wide strip ofland at 2205 W. Chapman Avenue.
(A2100.0 AGR-3872)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Cox Family L.P.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 10 foot wide strip of land located at 2205 W. Chapman
Avenue. Purchase price is $46,163.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $46,163.00 are available in the Chapman
Avenue Widening Project - Account No. 550-5011-483300-4038-(Measure M-MP AH).
RESOLUTIONS
3.15 RESOLUTION NO. 9519 (E1400.0 EIR 1612-01)
A Resolution of the City Council of the City of Orange recommending approval of final EIR
1612-01, Conditional Use Permit 2377-01 and Major Site Plan Review 105-99 for the
construction of a 6-story, 132,000 sq. ft. office building and a 5-level, 528 space parking
structure upon property located at the northeast comer of Chapman Avenue and Manchester
Place.
Applicant: EOP- The City (Chapman), L.L.C.
ACTION: Approved.
3.16 RESOLUTION NO. 9520 (EI400.0 EIR 1612-01)
A Resolution of the City Council of the City of Orange approving FEIR 1612-01,
Conditional Use Permit 2378-01 and Major Site Plan Review 106-99 for the construction of
a 24-story, 465,000 sq. ft. office building and 8-level, 2,360 space parking structure upon
property located at the west side of the City Drive approximately 500 feet south of Chapman
Avenue.
Applicant: EOP- The City (City Tower Two), L.L.C.
ACTION: Approved.
3.17 RESOLUTION NO. 9521 (EI400.0 EIR 1612-01)
A Resolution of the City Council of the City of Orange approving FEIR 1612-01,
Conditional Use Permit 2379-01 and Major Site Plan Review 107-99 for the construction of
a 10-story, 200,000 sq. ft. office building and 5-level, 1,528 space parking structure upon
property located at the northeast comer of Lewis Street and Metropolitan Drive.
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CITY COUNCIL MINUTES
October 9,2001
3. CONSENT CALENDAR (Continued)
Applicant: EOP- The City, L.L.C.
ACTION: Approved.
3.18 RESOLUTION NO. 9522 (EI400.0 EIR 1612-01)
A Resolution of the City Council of the City of Orange approving FEIR 1612-01,
Conditional Use Permit 2380-01 and Major Site Plan Review 108-99 for the construction of
a 19-story, 360,000 sq. ft. office building and 6-level, 2,720 space parking structure upon
property located north of Metropolitan Drive midway between Lewis Street and the City
Drive.
Applicant: EOP-The City, L.L.C.
ACTION: Approved.
3.19 RESOLUTION NO. 9524 (C2500.M.16.1 LLN-2001-14)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-14 adjusting lot lines of certain real property situated at Lots 171 to 191 and
Lots F and G of Tract 10439 in the City of Orange, County of Orange, State of
California.
Owner: M. M. Orange, LLC
ACTION: Approved.
3.20 RESOLUTION NO. 9525 (C2500.M.16.1 LLN-2201-15)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-15 combining two lots of certain real property situated at 2000 and 2010 North
Tustin Street in the City of Orange, County of Orange, State of California.
Owners: Orange Villa Shopping Center LLC
ACTION: Approved.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.9 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
October 9,2001
4. REPORTS FROM MAYOR MURPHY - City Educational Alliance TAPE 510
Mayor Murphy commented one of the things that became apparent for the last couple of years
and has been a challenge from the community, is to do more things in concert with the other
entities and other stakeholders in this City in terms of benefits to kids, both from an educational
standpoint as well as from a resources standpoint. The suggestion I will make today is for staff
to look at and try to produce some details that Council can review.
I want to set a charter, in essence, a City, I'm calling it a City Educational Alliance. It really
centers around the idea of improving the quality and quantity of youth facilities and resources in
the City of Orange.
The only way we can go about this is through combining efforts. Certainly, the City does a great
job today for the number of activities whether you are talking about Crossing Guards, the Youth
Services Bureau in the Police Department, the outreach by the Fire Department, or our Parks and
Recreational Facilities. But, I think if we combine our efforts with those ideas, the School
District, certainly higher education and the business community, we are bound to see a synergy
from that.
I've had meetings with some of the key leaders from all these types of groups and its met with a
resounding positive response. But, the thing we have not done yet is really kicked it off and set a
plan in motion that has some goals that are both measurable and achievable. My thoughts and
again I welcome thoughts of others on the Council, is to improve the quality and quantity of the
facilities in the City, but also expanding the programs that are available, not only from a sports
standpoint but from a career development standpoint, vocational standpoint, mentoring programs
and volunteerism type programs. I can see every part of the City staff being able to contribute to
this. Certainly the Library would be a critical function. We had a Library visioning meeting last
week with the key stakeholders and I talked to a few folks that day and they all responded in
unison that this is absolutely the way we have to go forward.
Also, I think with this effort we can raise the community's awareness in involvement. If there is
a project and a time frame for something, people are more likely to jump on board. I think if we
put some of these ideas and projects together, it will work. This also provides a vehicle for
community feedback making sure the programs the City is offering are of value to the
community.
The last idea is giving some thought of benefit to going after funding on a joint effort. There are
funds out there. I believe it's Prop Fourteen, from a Library standpoint, that gives extra points
involved, extra benefits, or extra attention to those that are joint use or joint effort type scenarios
versus ones that either the City came in on its own or the School District or Chapman University.
Santiago Canyon College is another good example where there are many opportunities.
Mayor Murphy suggested staff be directed to come back with an outline of what currently is in
place as a starting point because that comparison with the other agencies and other entities would
give an example of where there is benefit, where there might be cross over and where there
might be opportunities. Also, he will put together an outline of some goals with dates over a
time period to look at new facilities the City can create, what new programs are available to us
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CITY COUNCIL MINUTES
October 9, 2001
4. REPORTS FROM MAYOR MURPHY (Continued)
and where might additional or new funding sources be. I think the City did a great job a couple
of years ago with the Master Plan of Parks for instance. This is a great document, but all it does
is set up some targets and some ideas that do not provide any results. It is incumbent upon this
Council to put the results and meat behind this thing and actually move it forward rather than it
being sort an evolutionary base. I would like to make it on a revolutionary base where we really
take a step forward and invest it for our kids now to make sure that five years from now we can
look back and say we really moved ahead.
We've done some great things on the basis of this and one other piece to this is the fact that this
plan actually calls out for a review of the plan. One of the things that would come out of this
suggestion to staff is an accounting of where we are since this plan was adopted. Believe it or
not, this plan is 2-years old as of next month. The recommendation was that every two years
Council is to review the plan. The good new is there's plenty of things that positively happened
since this plan came to date, but the challenge is, Council is going to make sure that a lot more
happens over the next two, three, four years. I'm encouraged by the response I have gotten so
far from everybody I have talked to and certainly the departments here are doing a great job
already, but if we harness all these efforts and solicit the community's help as well, I know we
can go a lot further.
Council agreed this is a great idea. There is a need to involve all entities - schools, colleges,
non-profit organizations, businesses and other cities, and will benefit the entire community.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 900
5.1 Councilmember Slater - Direct staff to bring back zoning options for the 7.6 acres
generally located south of Santiago Canyon Road (arena property) that conform to the
present usage of the property (recreational) in order to permanently maintain the site as an
equestrian arena.
Councilmember Slater reported he is requesting information on zoning options for the 7.6 acres
on the south side of Santiago Canyon Road, because he is concerned about protecting it as an
equestrian arena and that nothing interfere with that. He is not comfortable with the current
residential zoning, as the zoning should match the vision for the property. He would like to
direct staff to come back with a report on the history of the property, information on any leases
that exist; establish contact with the property owners; and bring back a range of potential zoning
which could be considered that are compatible with the long range goals of the City protecting
the arena.
PUBLIC COMMENTS:
Frank Foster, Fieldstone Communities, Newport Beach, reported that Fieldstone Communities,
as the applicant, the property owner, and the Orange Park Acres (OPA) community do not
support rezoning of this property. Fieldstone has worked with the community on a solution for
this property and have reached a mutual agreement whereby the property will be dedicated to the
OPCC and a transfer of funds will occur toward the development of a community center. He
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CITY COUNCIL MINUTES
October 9, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
noted that if the City proceeds with rezoning, over their objections, it will not ensure the
property's use as an equestrian center and may do more harm than good. It undermines the good
faith negotiations they have worked out with the community independent of government.
In response to Council questions, Mr. Foster further reported that of the 7.6 acres, 2 acres are
used as an equestrian center with a community center anticipated for the remainder of the
property. The current EIR for the project on the north side of Santiago Canyon does not address
this particular parcel and it is hard to say how a zone change would affect the agreement that is
in place with the community. They are also open to working with the nearby Mabury Ranch
community.
Mr. Grable, Attorney representing Fieldstone, 895 Dove Street, Newport Beach, was available
for questions.
Leslie Geslason, 7404 Saddlehill Trail, spoke on the importance of the arena for the area and
supports the agreement with Fieldstone.
Tom Anderson, 1392 N. Stallion, urged the City to proceed slowly and outline a plan.
David Piper, 1705 Oak Lane, spoke in support of rezoning the property.
Doug LeMieux, 1387 Kennymead, spoke in opposition to rezoning the property.
Charles Leffler, 10693 Orange Park Boulevard, spoke in opposition to rezoning the property.
Mark Sandford, address on file, spoke in opposition to the rezoning the property as it will not
guarantee an arena for the future.
Phillip Bettencourt, Planning Consultant to Fieldstone, 110 Newport Center drive, Newport
Beach, spoke in opposition to rezoning the property, and urged the Council to let the agreement
with Fieldstone move forward.
COUNCIL DISCUSSION
TAPE 2000
Councilmember Slater agreed there is no guarantee that the equestrian use will remain with an
Open Space zoning, but there is less guarantee that it will remain if it is zoned Residential; and
supports the need for an overall plan. He appreciated the agreement Fieldstone has been working
on, but still would like staff to make preliminary inquiries so that the Council has all the
necessary information, and then a decision can be made in the best interest of everyone.
Councilmember Coontz stated that an arbitrary rezoning will not guarantee the arena use will
continue. There is a development process already in place which is very important, and includes
an EIR which gives the community an opportunity to review and comment. She did not want to
throw a wrench in the middle of the process before it has a chance to proceed. Concern was
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CITY COUNCIL MINUTES
October 9,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
expressed about potential lawsuits, the downturn in the economy and the need to prioritize
services provided to the community. She noted the OPA Plan has been creative and visionary;
and suggested it is best to proceed with what is already in place.
Councilmember Cavecche suggested proceeding slowly and being prudent. She noted the
property is not part of the application or EIR and will not be coming before Council. She
suggested the Council take a look at the agreement between Fieldstone and OPA, which may end
up being the best solution to preserve the arena, and in the meantime it would be advisable to get
the history of the property, talk to the property owner and look at potential zoning in order to
protect the property. She reminded the applicant that everyone is working towards the same
outcome - to preserve the arena.
In response to questions by Mayor pro tern Alvarez, the City Attorney reported the Council can
not tie any approvals or conditions on property that will not come before the Council. However,
if a concern of the Council would be that there is not enough recreation as part of a project, the
developer could agree to provide additional recreation on property that is not part of the project
as a way of mitigating those concerns. He further reported that if the Council is looking at what
the appropriate land use designation for this particular parcel is, that should be decided on a land
use planning decision separate from any proposed project that is across the street, unless it can be
showed that any property proposed for development in conjunction with this parcel has some
contiguous application to it.
Regarding inverse condemnation, zoning amendments are legislative functions. The City
Council has the power to decide what land uses are best for the entire public. The property
owner has no legal entitlement to either existing zoning or any anticipated future zoning. The
property owner does, however, have the entitlement to continue the use that's currently on the
property. However, if the zoning is changed so that it foreclose the property owner's ability to
use the property at all or any economic use, then an inverse situation exists. That does not seem
to be the case here, because there is an existing recreational use and it appears that is also the
anticipated use in the future. He noted that whether it is zoned residential or open space, there is
no guarantee that the equestrian center will remain, because even with recreation/open space,
there are a number of uses that are permitted.
Mayor pro tem Alvarez supported a possible rezone of the property only if it is understood that
the development process would not be disrupted and the agreement is not threatened; noting the
City would be taking this action independent of the proposed development. He agreed the
Council needs additional information and would like to see the agreement and hear from the
property owner.
Mayor Murphy stated this seems like a piece meal approach. There is a current Sully Miller
proposal, and doubts this study would have come up if there wasn't this proposal. They
wouldn't be discussing it ifit wasn't part of the politics involved with this issue. The questions
that are being asked are usual questions and part of the homework that is normally done when
getting ready for a public hearing. Everyone agrees that the arena should remain, and the
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CITY COUNCIL MINUTES
October 9,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
majority of the cornmunity that the arena would serve are asking that the property not be
rezoned. He urged the Council to leave the process in place and move forward and give the
community a chance to do the right thing.
Councilmember Slater agreed that proceeding slowly is important, but it is also important to
provide leadership and get out in front of developments with a vision.
In response to questions from Councilmember Slater, Mr. Bettencourt explained the agreement
with the OPA was because of their historic stewardship of the OPA Specific Plan, which covers
about half of the property. However, they will be working more closely with the Mabury Ranch
Homeowners. He also stated it was his understanding that the use of the 7 acres is addressed in
the EIR, even though it is not part of the developer's application.
In response to questions from Mayor pro tem Alvarez, Mr. Foster explained it is important for
Fieldstone to work with OPA because the property is within the OPA sphere of influence. They
have worked with OPA to work through a very cooperative effort hat was acceptable to OPA and
gives the community what it wants - which is the 7 acres and funds to help create a community
center. Any rezoning may disrupt this process. He explained Hansen Aggregates owns the 7
acres in question; that Fieldstone is the applicant, not the owner. If the entitlements are not
achieved, there will be no development. He also pointed out the agreement, which clearly
transfers ownership to OPCC is a public document.
MOTION - Slater
SECOND -Cavecche
AYES - Slater, Alvarez, Cavecche
NOES - Murphy, Coontz
In the spirit of not interfering with the process, and in the spirit of the entire community working
together on this entire project to make sure that this is done in the best interest of the community
and in the interest of the entire City of Orange, involving all the parties that could potentially be
involved: 1) request staff to bring back a report giving Council the history of the 7.6 acres,
including the recent and past zone changes; 2) establish contact with the property owner and
obtain any current leases if possible; 3) bring back a range of potential zonings that might be
considered that would be more compatible with the long term goals of the City to preserve this
site as an equestrian arena; and 4) have the staff report include the agreement made between
Fieldstone Communities and OPPC and have staff provide an analysis of that agreement in terms
of what it will mean overall for the project.
Mayor Murphy stated it seemed they are trying to negotiate a project that hasn't even come
before them; and he would not support the motion as long as it included the rezoning issue.
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CITY COUNCIL MINUTES
October 9, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
TAPE 3900
5.2 Councilmember Slater - Direct staff to bring forward proposals that would expand
the duties of the Park Commissioners to include implementing the Master Plan of Parks.
This would include identifying potential future park locations and actively working with
staff to seek funds or grants for acquisition and development.
Councilmember Slater commended the Parks Commission for the great job they are doing, but
wanted to ensure they are providing a vision for the community, actively working on ways to
make up the park land deficit in Orange by identifYing potential sites and working on ways to
better implement the Master Plan of Parks. He wanted assurance that staff and the Commission
are pursuing every dollar possible to move forward with this process, and asked staff how they
can best relay to the Commission what their duties are and the need for an update of the Master
Plan.
Councilmember Coontz noted the Master Plan of Parks, like all documents, should be looked at
as a living document which is always changing. She also commented on the need for all Board
and Commission members to remember their charge, especially as new board members are
appointed. Councilmember Coontz will be bringing forth a request for ways to ensure that all
board members understand their duties and receive directions on how they conduct their
business. A report was requested on the City's foundations and asked how the Community
Services Foundation works in conjunction with the Park Commission.
The Community Services Director explained the Parks Commissioners are briefed on a regular
basis. They have been on two separate tours of the City looking at open space and are working
aggressively to obtain grants for park funding. The Commission is also well aware of what is
needed in looking at an overall analysis of the Master Plan of Parks. The duties of the
Community Services Foundation has been left somewhat open in order to provide flexibility, but
there are parallels between the Foundation and the Park Commission.
5.3 Councilmember Cavecche - Direct staff to research and recommend changes to
Zoning Code so that minor site plans of in fin developments of two or more will be required
to go through design review.
Councilmember Cavecche reported there seems to be a deficit in the Zoning Code in that large
scale development proj ects are required to go through a design review process, but not smaller
projects. She suggested that staff look at requiring projects with at least two units to go through
a design review process.
In response to Council questions, the Director of Community Development reported that single
family residences are not required to go through a design review.
Councilmember Coontz commented on the importance of looking at the whole street for infill
projects or individual remodels. There is a need for uniformity and compatibility of architectural
features with the entire neighborhood.
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CITY COUNCIL MINUTES
October 9,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
The Council directed staff to look at what the Zoning Code allows and what the implications
would be to require a design review process for infill projects.
The City Manager was asked to report back on a date of when to expect this report.
Council agreed on the need for this process, as well as incorporating the comments from
Councilmember Coontz.
TAPE 4790
5.4 Mayor pro tem Alvarez - Recommendation for the removal of Toni Carlton from
the Planning Commission and direct the City Clerk to begin Maddy Act requirements.
Mayor pro tem Alvarez reported he had talked with Commissioner Carlton and explained to her
that he was taking the liberty due him as a Councilmember, that at any time, replace anyone that
had been appointed by him or his predecessor on a Commission. He had asked Commissioner
Carlton to step down, but since she had chosen not to, he was recommending that she be
removed from the Planning Commission. This was his first opportunity to have an appointment
to the Planning Commission.
Mayor Murphy stated it has been a policy of several Mayors in the past to afford an opportunity
to each Councilmember to make a recommendation to the Mayor for an appointment to the
Planning Commission, so that each Councilmember has a Commissioner that is their
representative. In this particular case, Commissioner Carlton was appointed by Fred Barrera
who was Mayor pro tem Alvarez' predecessor.
Toni Carlton, Planning Commissioner, stated she was surprised when Mayor pro tern Alvarez
called her and asked her to step down. She has taken her job seriously and there has been a lot of
time and money invested by the City for her to do this job, noting that the best person should be
appointed, regardless of who's turn it is. She asked the Council to end the current policy of
appointing Commissioners and let a person's record speak for itself.
Bob Bennyhoff, Orange Park Acres, agreed with Ms. Carlton in support of changing the rules of
appointing Commissioners. He spoke highly of Ms. Carlton as a Planning Commissioner, noting
that people should be removed only if there is a specific problem.
Mayor pro tem Alvarez stated he appreciated Commissioner Carlton's work and this was not an
easy thing for him to do, but he wants an appointment that more closely reflects his views. He
also commented on the precedent that was set several years ago when other members were
removed from the Planning Commission.
Councilmember Cavecche noted the procedure may seem archaic but the Planning Commission
does mirror the Council. She honored Councilmember Coontz' recent appointment to the
Commission and will honor this request also.
PAGE 15
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CITY COUNCIL MINUTES
October 9,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilrnember Slater stated all cornmittees should reflect the goals and philosophy of the
Council, suggesting that all committee members should be chosen by Councilrnembers. He
stated he had respect for Ms. Carlton, hoping she would not take this action personally.
Councilmember Coontz stated she appreciates the work of all Committee members. She noted
the Council does not give input to the Commission about their actions on development projects -
the Commissioners are chosen by the Council and left to do their job. She suggested that Toni
Carlton be honored for her work.
Mayor Murphy stated he respects the process and it is appropriate to allow the Council to select
Planning Commissioners. He suggested that it may be more appropriate in the future to remove
Commissioners when their terms are up. He recognized the dedication and work of the Planning
Commission and supports this action, with regrets. He noted the Council appointments to the
Planning Commission are as follows: Councilmember Slater - Ken Romero; Councilmember
Coontz - Phil Bonina; Councilrnember Cavecche - Tita Smith; and Mayor Murphy - Ben
Pruett.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to remove Toni Carlton from the Planning Commission and instruct the City Clerk to
begin Maddy Act procedures.
NOTE: The Council recessed at 7:20 p.m. and reconvened at 7:45 p.m.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 6100
6.1 Report from the Finance Director on the annual review and approval of the
Statement ofInvestment Policy (SIP) for Fiscal Year 2001-02. (ORI800.0.27.16)
SUMMARY: Per recommendations from the Investment Advisory Committee and the
Investment Oversight Cornmittee, it is proposed that one change be made to the City's and
Redevelopment Agency's Statement of Investment Policy. The recommended change is the
result of new legislation that went into effect January 1, 2001. Chapter 687, Statutes of 2000
(AB943) requires local government agencies to begin submitting copies of their Investment
Reports twice a year and a copy of their Statement of Investment Policy once a year to the
California Debt and Investment Advisory Commission. The recommended change makes the
City's Statement of Investment Policy compliant with the new legislation.
The Finance Director reported the only change to the Policy is to submit copies ofthe Investment
Report and Investment Policy to the State, as required by new legislation.
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CITY COUNCIL MINUTES
October 9,2001
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
RESOLUTION NO. 9529
A Resolution of the City Council of the City of Orange approving and adopting a Statement of
Investment Policy for Fiscal Year 2001-02.
MOTION - Alvarez
SECOND - Slater
A YES -Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Adopt Resolution No. 9529.
TAPE 6230
6.2 Investment Oversight Committee First Quarter Report for the Quarter Ending
September 30, 2001. (ORI800.0.27.16)
SUMMARY: This report summarizes the activity ofthe Investment Oversight Committee.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Receive and File.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Personnel Director regarding the PERS Military Service Credit
program for active and retired City employees effective January 1, 2002. (A21000 AGR-
0281.14)
The Personnel Director reported this Military Service Credit Program will allow an employee to
purchase up to four years of service credit for any continuous active military service, and is fully
paid for by the employee with no cost to the City.
RESOLUTION NO. 9527
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 Military Service Credit Program for the City's Active and
Retired Employees.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9527.
PAGE 17
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CITY COUNCIL MINUTES
October 9,2001
7. ADMINISTRATIVE REPORTS (Continued)
ORDINANCE NO. 18-01 (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 Military Service Credit Program for the City's Active and Retired
Employees.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 18-01 be read by title only and same was set for second reading by
the preceding vote.
TAPE 6500
7.2 Report from the Director of Public Works on the status of the proposed Culver
Drive extension deletion from the Master Plan of Arterial Highways (MP AH). (S4000.S.5)
SUMMARY: The City of Orange is participating in a multi-city study committee to review the
elimination of Culver Drive from the Orange County Master Plan of Arterial Highways, MPAH.
The City Public Works Department has co-signed a request to the OCTA to initiate the EIR
process to study the deletion.
Location: Culver Drive is located partially in the City of Irvine and Orange County
unincorporated area.
The Director of Public Works reported The Irvine Company, with the City of Irvine as lead
agency, is proposing to delete from the County Master Plan of Arterial Highways (MP AH) the
extension of Culver Drive from Portola Parkways to the Eastern Transportation Corridor. This
change affects Orange, Irvine, County areas and Tustin. A traffic analysis was completed to
determine the impact this deletion would have on the remainder of the circulation system in the
area. Mitigation measures were identified and the most significant impact to Orange is the
impact on Jamboree which would require widening it to a six lane facility and a provision for a
fourth lane northbound at the intersection of Jamboree and Chapman.
Councilrnember Coontz reported this was an issue discussed, and fought, by the City of Orange
with The Irvine Company and City of Irvine because of its affect on the East Orange General
Plan. Since then, OCTA has taken this over, and because Orange does not have representation
on OCTA, it has become a real problem. Because it is tied to the East Orange Plan, she
requested some diligence in bringing this back, looking at the history. This is a long time
problem - where others are involved and yet Orange has the most traffic to deal with.
Mayor Murphy indicated Supervisor Spitzer has also expressed concern about this and the
impacts to the East Orange traffic flow.
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CITY COUNCIL MINUTES
October 9, 2001
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Coontz expressed concerned about the way this issue was brought up and the
fact that everyone was interested in revisiting the East Orange Plan but The Irvine Company has
already moved forward without the City's knowledge. She suggested a continuance may be
appropriate for additional information. The Council needs to look at how Culver Drive would
affect the East Orange Plan; and other issues that would affect the East Orange Plan.
Mayor Murphy indicated the request is to support the deletion of Culver Drive and whether the
proposed mitigation measures are satisfactory for the impacts Orange will get from 4,000 more
cars a day. This has been a long standing debate and perhaps a 30 day continuance would be
appropriate to gather additional information.
The Director of Public Works reported the City of Irvine will be preparing an EIR for their
General Plan Amendment. The City of Orange, County of Orange and Tustin have indicated
concurrence with Irvine proceeding with this EIR. At that time, we will have an assessment of
all these issues with more current information than is in the East Orange General Plan. However,
it is not clear when this will take place.
Councilmember Coontz noted if the action at this time is just to receive and file a report, the
Council can go ahead and pursue additional information on the General Plan and the reasons
why these long term discussions with The Irvine Company took place.
The Director of Public Works reiterated that the action today is information on Irvine initiating
the EIR process and the fact that they have included mitigation measures in the traffic study with
respect to Orange; one of which is significant as it affects the Santiago Hills II development.
Councilmember Cavecche noted she was pleased there was an EIR in process as there will be
huge impacts to Orange.
Councilmember Coontz asked staff to come back with information and a solution that would
assist the Council with their concerns in the meantime.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Receive and file report; and direct staff to bring back additional information that has been
discussed as well as keeping the Council informed of the environmental impact process.
TAPE 7220
7.3 Report from the Police Chief pertaining to the allocation of Local Law Enforcement
Block Grant (LLEBG) 2001 funds. (C2500.K)
SUMMARY: The U.S. Department of Justice has made funds available under the FY 2001
LLEBG Program. Under this Program the City was allocated $133,522. This grant requires a
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CITY COUNCIL MINUTES
October 9,2001
7. ADMINISTRATIVE REPORTS (Continued)
cash match of$14,836, for a total award of$148,358. The City's FY 2001 Award date was
August 1, 2001, and it has until October 30,2001 to request these funds for purchases of
equipment and technology related to law enforcement.
The Police Chief reported on the federal LLEBG funds which have been made available to the
City. Prior to any expenditure of these funds, the City must be willing to satisfY a ten percent
cash match; hold a public meeting, which is satisfied by this meeting; and a establish a local
Citizens Advisory Board to review and make recommendations on the proposed use of the funds.
The Department hopes to use these fund to purchase a mobile command post.
In response to Council questions, he further reported the Advisory Board is made up of a cross
section of individuals, although none of them live in the City of Orange; the proposed command
coach will be utilized for Emergency Operations purposes; the available funds will fully cover
the cost of the command coach; and the Department will prepare a comprehensive study to
analyze the overall need and funding for the coach and will return to the Council with a specific
expenditure plan.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: 1) Appropriate LLEBG 2001 funds - $133,522 to account number 353-4011-471301-
2239 (Federal Police Grants-Police Administration-Equipment-LLEBG 01). 2) Appropriate
$14,836 of Federal Asset Forfeiture funds to account number 355-4011-471301-2239 (Federal
Asset Forfeiture-Equipment-LLEBG 01) to satisfY the cash match requirement of the LLEBG
2001 grant. 3) Require Staff to return to City Council with specific expenditure plan prior to
expense ofLLEBG 2001 funds.
FISCAL IMPACT: Umeserved fund balance is available in the 2001 LLEBG Fund and Federal
Asset Forfeiture Fund.
7.4 Report from the Director of Public Works on water quality relative to public health
goals. (C2500.P)
SUMMARY: This report discusses the conformance of the City of Orange water system to the
various public health goals established by the State Office of Environmental Health Hazard
Assessment and in effect on January 1, 2001.
The Director of Public Works summarized the report on Water Quality Relative to Public Health
Goals, indicating the City's water system meets all federal and state requirements and there is no
need for any action plans.
MOTION - Cavecche
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE 20
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CITY COUNCIL MINUTES
October 9,2001
ACTION: Receive and file report.
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 2 - 260
9.1 ORDINANCE 9-01 (SECOND READING) (A2500.0 City Council Actions)
An Ordinance of the City Council of the City of Orange amending Section 2.04.250 of the
Orange Municipal Code setting the date when resolutions and ordinances of the City Council
shall be deemed final.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 9-01 be read by title only and same was approved and adopted by the
preceding vote.
9.2 ORDINANCE 10-01 (SECOND READING) (A2500.0 City Council Meetings)
An Ordinance of the City Council of the City of Orange Amending Section 2.04.210 and
2.04.220 of the Orange Municipal Code and Adding Section 2.04.270 to the Orange Municipal
Code Relating to Decorum at City Council Meetings.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 10-01 be read by title only and same was set for second reading by
the preceding vote.
9.3 ORDINANCE 11-01 (SECOND READING) (A2500.0 Vehicles, Permits)
An Ordinance of the City Council of the City of Orange amending Section 10.67.040 of the
Orange Municipal Code deleting the codified fee rates from the Section regulating the movement
of overweight and oversize vehicles and dirt hauling operations, and to provide for permits, fees
and inspections; and providing for the permit rates to be added to the City's Master Schedule of
Fees.
MOTION - Coontz
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 11-01 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES
October 9, 2001
9. LEGAL AFFAIRS (Continued)
9.4 ORDINANCE NO. 12-01 (SECOND READING) (A2500.0 Massage Therapy)
An Ordinance of the City Council of the City of Orange Amending Section 5.56.070 of the
Orange Municipal Code Relating to Massage Permit Requirements.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 12-01 be read by title only and same was set for second reading by
the preceding vote.
9.5 ORDINANCE NO. 13-01 (SECOND READING) (A2500.0 Tentative Tract Maps)
An Ordinance of the City Council of the City of Orange Amending Chapter 16.35 of Title 16 of
the Orange Municipal Code to provide for the processing of Vesting Tentative Maps for Non-
Residential Subdivisions.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 13-01 be read by title only and same was set for second reading by
the preceding vote.
9.6 ORDINANCE NO. 15-01 (FIRST READING) (A2500.0 Parcel Maps, Final)
An Ordinance of the City Council of the City of Orange amending Chapter 16.08 of the Orange
Municipal Code to add certain form and content requirements for final parcel and tract maps.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 15-01 be read by title only and same was set for second reading by
the preceding vote.
9.7 ORDINANCE NO. 16-01 (FIRST READING) (A2500.0 Claims)
An Ordinance of the City Council of the City of Orange Amending Chapter 3.16 of the Orange
Municipal Code relating to filing claims against the City.
MOTION - Slater
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE 22
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CITY COUNCIL MINUTES
October 9,2001
9. LEGAL AFFAIRS (Continued)
Moved that Ordinance No. 16-01 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 7:40 p.m. to a Closed Session for the following purposes and
reconvened to the Council meeting at 7:45 p.m.:
a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case)
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any ofthe matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Donna Sigalas, 696 N. Fern, spoke on concerns with the Orange Unified School District.
The following people spoke in opposition to a dog park at Yorba Park:
Roger Bonzer, 2548 E. Burly
Mary Dargatz, 2534 E. Burly
Roberta Bonzer, 2548 E. Burly
Jerry Carroll, 354 S. Tracy
Bob Bennyhoff, Orange Park Acres, congratulated the Council on the selection of Phil Bonina as
Planning Commissioner.
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT 4-00; NEGATIVE DECLARATION 1653-00;
2000-2005 DRAFT HOUSING ELEMENT UPDATE: (C2300.E GPA 4-00)
Time set for public hearing to consider General Plan Amendment 4-00, Negative Declaration
1653-00 and the 2000-2005 Housing Element Update. In accordance with State requirements,
the City has prepared an update to the Housing Element of its General Plan. The Housing
Element is a policy statement which sets forth the City's housing strategy. It identifies goals and
programs intended to preserve and enhance the community's residential character, and to expand
housing opportunities for all segments of the population.
Note: Negative Declaration 1653-00 addresses the potential environmental impacts of this
project.
PAGE 23
CITY COUNCIL MINUTES
October 9,2001
13. PUBLIC HEARINGS (Continued)
Joan Wolff, Senior Planner, reported the current Housing Element was adopted in 1993 and
approved by the State. There is a requirement to update this Element on a five year cycle, which
was deferred until the year 2000. One of the first steps in updated the Housing Element was to
participate in the Regional Housing Needs Assessment (RHNA) process. This process is a
statewide growth forecast and establishes housing production goals, which is the number of
housing units that should be supplied to meet the City's housing needs for various income levels
within the community. The City first looks to RHNA for the goals and then determines what
actions are needed to meet those goals. The RHNA for Orange is 3200 housing units with a need
for approximately 1000 of those affordable to low and very low income households.
The first draft was submitted to the State in October 2000 and the City received a compliance
letter from the State Department of Housing and Community Development in July 2001.
The Planning Commission recommended approval of the Housing Element and added a
recommendation that the Council go one step further to encourage production of more affordable
housing, suggesting the City look at amending the Affordable Housing Plan, which is an
implementation plan to look at adopting stricter requirements for affordable housing. The
Affordable Housing Plan would be the appropriate vehicle for considering new requirements
regarding housing policy.
COUNCIL QUESTIONS
Councilmember Cavecche asked why the five-year cycle was not adhered to if it is a state
requirement. Ms. Wolff explained the state changed their requirements. Also, the State has to
fund the RHNA process and they did not allocate funding for this. Because they did not have the
growth forecast, cities could not amend their housing elements.
Councilmember Coontz asked what the projections are based on since census figures were not
available since ten years can make a significant difference in Orange County; and asked for
clarification that the Housing Element could be approved now and then the Council can tackle
the Affordable Housing Plan in the near future with ideas on how the City can meet those goals.
She stated Orange has done an excellent job in conjunction with the Orange Housing
Development Corporation.
Ms. Wolff explained there was a movement in SCAG that asked for a deferral in the Housing
Element update until 2000 census data was available, but the state declined to defer that deadline
any further, so cities were precluded from using any 2000 census information. She further
explained if the City wants to look at new policies, that can be included in the Affordable
Housing Plan.
Councilmember Slater stated he has been involved with RHNA numbers through the City's
membership in the Orange County Council of Government, and the Housing Element is late, but
apparently for legitimate reasons. It was his understanding there was some urgency in getting
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CITY COUNCIL MINUTES
October 9, 2001
13. PUBLIC HEARINGS (Continued)
this adopted because of funding that may be in jeopardy if the City does not move ahead. The
Director of Community Development confirmed that a number of funds are tied to having an
approved Housing Element.
Councilmember Slater noted the Planning Commission wanted the Council to add an
Inclusionary Housing requirement in the Affordable Housing Plan. However, he was concerned
that in Orange, there are already so many housing units that are in dire need of rehabilitation.
Orange has been very aggressive in accomplishing this, but he is leery about requiring
developers to build more affordable housing units when there are already many units that need
assistance.
For the record, Councilmember Slater also stated that he wants to stop making up the deficit of
affordable housing and low income housing on the back of Old Towne, because it seems like that
has always been the attitude over the years - just throw it downtown and throw it in the R-3 and
R-4 areas. He noticed in the Housing Element it says that in R-3 and R-4 areas, of which there
are some in Old Towne that he'd like to see go away, that that area does allow for transitional
housing and those types of needs of which the City has been putting a lot of in Old Towne. He
personally is a little tired ofthat. Old Towne is getting over concentrated with this type of usage.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Maya Dunne, St. Joseph Health System, 500 S. Main Street, spoke in support of affordable
housing, focusing on those earning less than $35,000 per year. St. Joseph Health System
employs 3700 people in Orange, some of which fall into this category. In response to questions
by Councilmember Coontz, she did report that St. Joseph is looking into assisting their own
employees on a system wide basis.
Sister Marie Gaillac, Sisters of St. Joseph, 2075 Greengrove, spoke on the need for low income
housing throughout the entire City.
Lois Barke, 2022 Spruce, spoke in support of maintaining existing residential neighborhoods in
West Orange and providing affordable housing for people who already live in Orange.
Betty Murrill, 603 E. Almond, asked that affordable housing be included in each new
development.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Councilrnember Coontz stated she has been involved with the Orange Housing Development
Corporation (OHDC) for many years and found that it is necessary to combine financing from
many different sources. Housing is a burden of many different agencies, some of which have
been difficult to deal with. Quality housing is very important and is the basis for the OHDC and
they do have units scattered all over the city. Housing rehabilitation is also very important, and
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CITY COUNCIL MINUTES
October 9, 2001
13. PUBLIC HEARINGS (Continued)
low income housing is extremely expensive. Orange has a number of new units and are doing
well, but could do even better with the help of agencies and non-profit organizations.
Mayor Murphy suggested moving this item forward, but also take the recommendation to look at
the housing policy through the amendment and update of the Affordable Housing Plan. That
provides the economics and vehicle to move forward so that available funds can be put to use, as
well as takes into account the concerns that have been voiced to make sure there are incentives,
rather than requirements, in place to accomplish the goals that are being set out. The City needs
to serve all income strata and ensure that existing units are rehabilitated. It is a balanced effort.
Councilmember Cavecche stated the City has done a very good job in conjunction with the
OHDC, but has missed the boat with new development. The City needs to look at requiring low
income housing with new developments, and make a concerted effort with new developments in
East Orange. However, she expressed disappointment with the proposed Housing Element,
stating it is unimaginative. It lays out technical details, but fails to set up a strategy on how to
obtain its goals; and noted the importance of providing housing for our own employees.
Mayor pro tem Alvarez agreed with Councilmember Cavecche that the Housing Element needs
to provide more direction on what the City can do and address strategies on how to implement its
goals. We need new approaches in making affordable housing available to those who work in
Orange - whether it be for police, fire or teachers. He wished the Element went into more detail,
but it is the best thing at this time.
Councilmember Coontz pointed out the State is requiring this document, but doesn't seem to be
doing much to help cities with this issue.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
NOES - Cavecche
Moved to approve General Plan Amendment 4-00 and Negative Declaration 1653-00 as outlined
in Planning Commission Resolution No. PC-29-0l.
Councilmember Cavecche voted No because it will be extremely awkward to have a second
piece ofliterature along with this, as it should have been included.
13.2 TENTATIVE TRACT MAP NO. 16218; MAJOR SITE PLAN REVIEW NO. 185-
01; CONDITIONAL USE PERMIT NO. 2372-01; VARIANCE NO. 2098-01;
MITIGATED NEGATIVE DECLARATION NO. 1670-01; BRANDYWINE
DEVELOPMENT CORPORATION (T4000.0 TRT 16218)
Time set for public hearing to consider a request from Brandywine Development Corporation for
construction of a 21-lot gated single family planned unit development at 1740 Bolingridge Drive
(Bolinger Estate). The proposed project involves the subdivision and grading of approximately
PAGE 26
CITY COUNCIL MINUTES
October 9, 2001
13. PUBLIC HEARINGS (Continued)
5.4 acres of land. On-site circulation consists of a private loop road. Common open space for
the project would be provided by four lots (total 1.63 acres). The proposal includes the
demolition of an existing single family residence and assorted accessory structures and removal
of much of the existing vegetation. NOTE: Mitigated Negative Declaration No. 1670-01 and a
Mitigation Monitoring Program have been prepared for the proposed project in accordance with
the California Environmental Quality Act.
Mayor Murphy indicated a letter was received on October 9, 2001 from Brandywine
Development requesting a continuance of this item to January 22, 2002 and asked that the item
be referred back to the Planning Commission and Design Review Committee for further review
and consideration.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to January 22, 2002 and refer back to the Planning Commission and Design
Review Committee for further review and consideration; and the hearing to be re-noticed.
14. PLANNING AND ENVIRONMENT
14.1 Report from the Director of Community Development on the request to rezone the
300 and 400 blocks of South Grand Street. (Continued from September 25, 2001)
(ZI500.0)
Note: Councilmember Slater abstained on this item due to his residency and property ownership
in Old Towne; and left the dais.
The Director of Community Development summarized the report, indicating there are four
options for this area: 1) leave the zoning as it presently exists as R-2 and amend the General Plan
to Low Medium Density; 2) leave the General Plan designation at Low Density and change the
zoning to R-l; 3) adopt an overlay zoning district that would substantially reduce and define the
development intensity allowed in the area and keep the General Plan designation of low density;
and 4) do nothing in the area. Staff recommended Option No.1.
Councilmember Coontz reported Floor Area Ratio (FAR) issues were brought up years ago.
They were developed for the entire City, and she had asked that this issue be considered
separately for Old Towne, as the lots are unique and should be dealt with differently and more in
keeping with an historical area. Consideration should be given to whole blocks and maintaining
a natural harmony for the streetscapes.
PAGE 27
CITY COUNCIL MINUTES
October 9, 2001
14. PLANNING AND ENVIRONMENT (Continued)
PUBLIC COMMENTS
The following people spoke in favor of rezoning the area to R-l:
Janet Crenshaw, 464 N. Shaffer
Ann Siebert, 340 S. Olive
Patti Ricci, 618 E. Culver
Robert Imboden, 226 W. Palmyra
Jeff Frankel, 384 S. Orange
John Goode, 438 S. Grand
Joan Crawford, 394 S. Orange
Mary Matusak, 340 S. Grand
Noel Wilcox, 458 S. Grand
Shannon Tucker, 543 E. Culver
Gary Zdenck, 391 S. Orange
In response to public questions, the Director of Community Development reported the sources
used for the planning study include historic property surveys and City building permits; and that
Culver Street would not be affected by the recommended options since it is zoned R-1.
TAPE 2 --4370
COUNCIL COMMENTS
Councilmember Coontz commented on the recommendation to change the General Plan
designation, which seems to promote one density and include all zoning in the area, both R-l and
R-2; asked if there is a minimum area required for a General Plan designation; and how non-
conforming lots are affected with mortgages and financing. She noted the traffic and parking
problems that have occurred with the change in the neighborhood, pointing out the benefit of
utilizing the City's Neighborhood Enhancement Team in helping to resolve these issues.
Mayor pro tem Alvarez explained that for financing, banks generally look at property and
whether it is owner occupied or if it is income property with additional units. He commented on
the importance of maintaining the historic fabric and quality of the area, and supports the request
to rezone the area to R-1.
Councilmember Cavecche agreed the area needs to be rezoned to R-l as it is already over
developed, pointing out that an R-l zoning does allow for granny units. An R-l zoning would
also address some of the other issues.
Councilrnember Coontz stated that even if the area were rezoned to R-l, it does not address the
FAR issues, which is a major problem in Old Towne and has created negative results. There was
an attempt to address it years ago, but it was never brought back for further study. She again
PAGE 28
CITY COUNCIL MINUTES
October 9, 2001
14. PLANNING AND ENVIRONMENT (Continued)
stressed the importance of the need to retain the natural harmony of the streetscape, suggesting
that the FAR, bulk and mass and historic preservation issues be dealt with separately in specific
motions. She expressed concern over what would happen legally and financially to non-
conforming lots.
The Director of Community Development explained this zoning issue will come back before the
Council through the public hearing process and staff can look at changing the zoning code to
refine the FAR. They have already studied Grand Street and can address these blocks first,
which will generate interest from other blocks with the same concerns.
Mayor Murphy expressed concern that changing the zoning from R-2 to R-l would not solve the
problems in the area that were there long before the historic designation, noting that it is not the
new developments that seem to be causing the majority of the problems. There is also a need to
look at FAR and other requirements. He could not support rezoning the area, but also did not
want to see the General Plan designation changed to increase the density. He suggested dealing
with issues that are specific to Old Towne through Design Guidelines, and explore these issues
rather than simply changing the zoning. He also suggested more information be provided on the
problems of creating a large number of non-conforming lots if a zone change were implemented.
In response to Council questions regarding the need for a moratorium, the Director of
Community Development reported there are no current applications for development in this
immediate area and possibly only one that is being discussed for the larger area of Old Towne.
In order to conduct a study on the historic preservation standards, FAR requirements and bulk
and mass issues, staff would need at least four to six months and probably the assistance of a
consultant.
MOTION - Alvarez
SECOND - Cavecche
AYES - Alvarez, Cavecche
NOES - Murphy, Coontz
ABSENT - Slater
Direct staff to pursue Option #2 outlined in the Staff Report, to initiate a Zone Change from R-2-
to R-l in the Southeast Quadrant of the Old Towne District, specific to the 300 and 400 blocks of
South Grand.
MOTION FAILED
Councilmember Coontz stated this does not answer the questions she has asked. If those issues
are answered, she could reconsider the rezoning to R-1.
PAGE 29
CITY COUNCIL MINUTES
October 9, 2001
14. PLANNING AND ENVIRONMENT (Continued)
MOTION - Coontz
SECOND - Murphy
AYES - Alvarez, Murphy, Coontz
NOES - Cavecche
ABSENT - Slater
Direct staff to evaluate the Floor Area Ratios in the 300 and 400 blocks of South Grand Street,
along with other suggestions to protect the historic integrity of the area.
MOTION PASSED
MOTION - Murphy
SECOND - Coontz
AYES - Murphy
NOES - Alvarez, Coontz, Cavecche
ABSENT - Slater
Direct staff not to pursue action to initiate a moratorium on the building of additional units
within Old Towne at this time.
MOTION FAILED
MOTION - Alvarez
SECOND - Cavecche
AYES - Alvarez, Coontz, Cavecche
NOES - Murphy
ABSENT - Slater
Moved to direct staff to initiate a moratorium for the 300 and 400 blocks of South Grand; the
scope of the moratorium to be limited to the building of secondary units.
MOTION PASSED
MOTION - Cavecche
SECOND - Alvarez
AYES - Alvarez, Murphy, Coontz, Cavecche
ABSENT - Slater
Moved to continue the request to rezone the 300 and 400 blocks of the South Grand until the
meeting when staff brings back the FAR Study; so that it be heard in tandem with the FAR
findings.
MOTION PASSED
PAGE 30
CITY COUNCIL MINUTES
15. ADJOURNMENT
MOTION - Cavecche
SECOND - Alvarez
AYES - Alvarez, Murphy, Coontz, Cavecche
ABSENT - Slater
The City Council adjourned at 11 :25 p.m.
~~CrcivA<-d
CASSANDRA J. C CART, CMC
CITY CLERK
October 9,2001
1/f~IIi7/HY
MAYOR
PAGE 31
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