3/12/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MARCH 26, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 12, 2002
The City Council ofthe City of Orange, California convened on March 12, 2002 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 Dr. Stan Smith, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Association of Girl Scouts
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation was presented to Jamie Fingal, Association Chair, Orange Girl Scouts
celebrating Girl Scout Week March 10 - 16,2002.
Proclamation was presented to David Smith, General Manager of the Country Inn, 2002
Central County Regional Occupational Program (ROP) Business Leader of the Year in
Orange.
Councilmember Cavecche announced that in the recent Ladies Home Journal Magazine,
the City of Orange ranked 19th overall, of cities under 300,000 population, for best cities
for women to live in; and ranked 5th for low crime.
Proclamation was presented to Georgia Summers, Chair of Women's Studies Department
at Santiago Canyon College, celebrating the Month of March as Women's History
Month.
Mayor Murphy announced the City Council will adjourn in memory of Gary Granville,
Orange County Clerk-Recorder. The Council commented that Mr. Granville was a
superior individual who made great contributions to the County. He was a consummate
public servant and role model and will be missed.
PAGE 1
- -T---------------------------- ..---- ---
CITY COUNCIL MINUTES
March 12,2002
2.
PUBLIC COMMENTS
TAPE 760
Stephen Heilman, 1429 E. Oakmont, spoke in opposition to the City code which prohibits
trailers from being parked on residential property, and asked Council to reconsider this
restriction.
3.
CONSENT CALENDAR
TAPE 820
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 March 12, 2002 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated February 21, 28, 2002.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting, February
19,2002 and Regular Meeting, February 26, 2002.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 CLAIMS
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Laurence Carl Broady
b. Shawn Mahdaui
c. Jim Martin
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
PAGE 2
CITY COUNCIL MINUTES
March 12, 2002
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.6 Contract Change Order No.1; Bid No. 012-11; Project No. SP-3374, Slurry Seal at
Various Locations for the fiscal year 2001 - 2002.
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work consists of approximately 50 additional streets with 1,400,000
square feet of slurry sealing at various residential streets to prolong pavement life. The
total contract cost for this extra work is $151,829.32 including 10% contingency.
ACTION: Approved a Contract Change Order No. I in the amount of $151,829.32 to
Roy Allan Slurry Seal, Inc. for the extra work.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
262-5021-483300-3120 $151,829.32 (Local Street Maintenance)
3.7 Final Acceptance of Bid 012-03; SP-3336; Street Rehabilitation Improvements for
Taft Avenue from Glassell Street to Tustin Street and SP-3337 - Street
Rehabilitation Improvements for Taft Avenue from Batavia Street to Glassell
Street, and authorization to file Notice of Completion with the County Recorder (No
staff report required).
SUMMARY: Bid 012-03; SP-3336; Street Rehabilitation Improvements for Taft Avenue
from Glassell Street to Tustin Street and SP-3337 - Street Rehabilitation Improvements
for Taft Avenue from Batavia Street to Glassell Street. Contractor: R.J. Noble Company.
Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Travelers Casualty
and Surety Company of Connecticut, Bond No. 83 SB 1036092, in the amount of
$951,773.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
3.8 Change order to P.O. #R19334 to Hydrosolutions of California for final phase of
underground fuel contamination cleanup project at the Water Yard.
SUMMARY: In November 1998, the City entered into a contract with Hydrosolutions of
California to perform all tasks required to assess the extent of the soil contamination for
the old underground fuel tanks at the Water Yard. This assessment has been completed
and the results reviewed by the Orange County Health Care Agency (OCHCA). OCHCA
is requiring a cleanup program utilizing Vapor Extraction. Hydrosolutions has prepared a
work plan that has been approved by OCHCA.
Hydrosolutions has prepared proposal #01341-19 for the final phase that has been
approved by OCHCA in the amount of$43,967.75.
PAGE 3
CITY COUNCIL MINUTES
March 12,2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved change order to P.O. #R19334 in the amount of$43,967.75.
FISCAL IMPACT: There are sufficient funds in account number 720-5023-484400-9856
Underground Storage Tanks.
3.9 Contract Change Order No.1 to DRP Construction, Inc. for Seismic Strengthening
of the Water Division Pump House, Bid #001-20; W-596.
SUMMARY: In February 2001, the City entered into a contract with DRP Construction
for the seismic strengthening of the Water Division Pump House at Water St. and
Almond Ave. Additional work has become necessary to preserve the existing historic
structure.
ACTION: Approved a contract change order in the amount of $247,945.76 to DRP
Construction, Inc. for additional work and approved transfer in the amount of $275,000
from Account No. 601-8011-484400-8200 (Water Capital Projects Res. I-B) into
Account No. 601-8041-481200-8211 Water Plant Seismic Retrofit..
FISCAL IMPACT: Upon approval of transfer sufficient funds will be available in the
Water Plant Seismic Account No. 601-8041-481200-8211.
$54,000.00
RESOLUTIONS
500-2011-481200-9901
3.10 RESOLUTION NO. 9569
A Resolution of the City Council of the City of Orange terminating the emergency action
associated with the repair of the roofs at the city's Administration and Public Works
buildings at 300 East Chapman Avenue.
ACTION: Approved.
3.11 RESOLUTION NO. 9570
A Resolution of the City Council of the City of Orange approving a General Plan
Amendment to Redesignate 7.90 acres of property located north of Chapman Avenue and
Chapman General Hospital, East of Santiago Creek to OS (Open Space) from GC
(General Commercial).
General Plan Amendment No. 2001-04 - Southern Area
ACTION: Approved.
PAGE 4
CITY COUNCIL MINUTES
March 12, 2002
3. CONSENT CALENDAR (Continued)
3.12 RESOLUTION NO. 9571
A Resolution of the City Council of the City of Orange expressing appreciation to Mike
Harper of the Orange Police Department and commending him for more than thirty two
years ofloyal and dedicated service.
ACTION: Approved.
3.13 RESOLUTION NO. 9572
A Resolution of the City Council of the City of Orange approving a General Plan
Amendment to Redesignate approximately 20,000 square feet of property located at the
southwest corner of the intersection of Handy Street and Palm Avenue, and west of
Santiago Creek from LDR (Low Density Residential) to OS (Open Space).
General Plan Amendment No. 2001-04 - Northern Area
NOTE: Councilmember Cavecche voted No to remain consistent with her previous vote
on this issue.
ACTION: Approved.
WAIVER OF FEES
3.14 Request for Senior Center Fee to be waived.
SUMMARY: The City is required to charge persons utilizing its facilities a fee for this
service. Second Harvest Food Bank is requesting the use of the Senior Center and is
further requesting that all rental fees be waived.
ACTION: Approved waiver of fees for use of the Senior Center by Second Harvest Food
Bank for their volunteer luncheon..
FISCAL IMP ACT: The wavier of the rental fees for the Senior Center would result in a
loss of revenue of $500.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Councilmember Cavecche voted No on Item 3.13. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
PAGE 5
-- T-
CITY COUNCIL MINUTES
March 12,2002
4.
REPORTS FROM MAYOR MURPHY
TAPE 850
4.1 Appointment of City Traffic Commissioner.
Mayor Murphy announced he is recommending Mark Burkhardt for appointment to the City
Traffic Commission. Mr. Burkhardt has lived in the City of Orange for a number of years and is
actively involved in the community.
Councilmember Coontz asked that all new appointees to any Board, Committee or Commission
be given an introduction to their respective jobs along with the legal and ethical considerations of
such an appointment.
The City Manager and City Attorney were directed to make sure the requirements of the job and
all legal and ethical issues are conveyed to all new appointees.
Mark Burkhardt, and his family, were introduced.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to appoint Mark Burkhardt to the City Traffic Commission, term to expire June 30,
2004.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 1020
Non-Ae:enda Items
Councilmember Coontz asked that a presentation be arranged from the Orange County Water
District and the Orange County Flood Control District on water reclamation projects and the
Ground Water Replenishment System.
Mavor pro tern Alvarez provided an update from the recent Orange County Sanitation District
Board meeting. The District asked the Board to approve a $50 million expenditure to begin the
disinfection of waste water; however, the Board decided to postpone the discussion for 30 days
and authorized the Sanitation District Manger to spend $200,000 and come back with a report
whether they would continue with this recommendation. The Sanitation District is moving
slowly on this issue and he will provide a further report in approximately 30 days.
Mayor Murphy noted this issue was separate from the 301(h) waiver issue.
Councilmember Slater reported on the City Motto contest. The Committee, comprised of Scott
Parker, Nancy Collins, Karen Herrera, Bruce Patrick and himself, have received approximately
180 submissions for a City Motto. They want as many people as possible to know about the
competition, so beginning April I st, there will be five locations throughout the City where people
can submit an entry. These locations are City Hall, Main Library, El Modena Brach Library,
Mall of Orange and hopefully Borders Books at The Block. Prizes will be awarded for the 1st
PAGE 6
CITY COUNCIL MINUTES
March 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
through 5th places and the winners will be announced at the City's July 3rd celebration. The
Committee is looking for ideas of 5 words or less, which should describe Orange and be
timeless. He gave examples of ideas already submitted such as, The Plaza City and California's
Main Squeeze. He will provide periodic updates.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Capital Improvement Project No. 6100, Tustin Branch Trail Project. Approval of
Consultant Services Agreement and appropriation of funding for the preparation of
Environmental Documentation in compliance with the California Environmental Quality
Act (CEQA) and National Environmental Policy Act (NEPA).
SUMMARY: This Consultant Services Agreement authorizes the consultant to prepare an
environmental document and process the document through the appropriate state and federal
agencies, in compliance with CEQA and NEPA.
NOTE: A request was submitted that these items be continued to the 7:00 p.m. Session of March
26th in order for more people to be in attendance.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to March 26, 2002 at 7:00 p.m. in order for additional staff analysis and map
correction.
7.2 Capital Improvement Project No. 6100, Tustin Branch Trail Project. Approval of
appropriation of funding for a Consultant Services Agreement.
SUMMARY: The requested appropriation of funding for a Consultant Services Agreement will
allow the City to retain Joan Wolff, AICP as a contract planner to manage the City's Tustin
Branch Trail Project. Ms. Wolff will serve as the project manager on behalf of the City for the
Tustin Branch Trail Project and will conduct activities as defined in the attached contract and
scope of work. Ms. Wolffs responsibilities would include coordinating public outreach efforts
and managing the preparation of an environmental document in compliance with CEQA and
NEPA.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to March 26, 2002 at 7:00 p.m. in order for additional staff analysis and map
correction.
PAGE 7
CITY COUNCIL MINUTES
March 12,2002
7.
ADMINISTRATIVE REPORTS (Continued)
TAPE 1350
7.3 Report from the Police Department concerning impacts from Internet Cafes.
Consideration of adoption of interim ordinance suspending approval of such uses pending further
study by Community Development Department.
Discussion
Police Chief Romero reported the City has issued five permits for Internet Cafes. These
businesses are places which allow the public access to the internet via computers on their
premises, and also provide snacks and beverages.
Other jurisdictions nationwide are experiencing problems with public safety and one neighboring
city already has 20 cafes in their city. These cafes seem to be a magnet to crime and gang
activity. There is no supervision and minors have been seen at these locations during school
hours. Minors can also access adult internet sites. The Police Department has identified some
gang members at these establishments and have made some arrests for drug possession. He
noted some of these businesses are open until 2:00 a.m. during the week and 3:00 a.m. on
weekends. He recommended the Council adopt Ordinance No. 4-02 which will place a
moratorium on these business until they are able to scrutinize them more closely.
Councilmember Coontz thanked the Police for their work and asked what business category
these establishments fall under, as the Council has been unaware of these until just recently.
The Community Development Director reported these businesses were first described as
computer stores, but Staff has found that they operate more as game arcades. The first four
businesses did not go through a review process because they came through under a different
description and were described more of a retail use. They now require a Conditional Use Permit
process just like arcades, and is also reviewed in the Staff Review Committee which is
comprised of representatives of all departments.
The City Manager noted these businesses did not completely represent the type of business they
wished to conduct and the City was misled.
Mayor pro tern Alvarez spoke in support of an Interim Ordinance and suggested paying
particular attention to the hours of operation. There is no educational benefit to these businesses
as they are high tech arcades, and should not be open past 10:00 p.m.
Councilmember Cavecche asked if the permit now in process would be affected by the Urgency
Ordinance.
The City Attorney stated the City needs to continue to process an application already submitted,
but can prevent the use.
Carl 80hn, Attorney, 1105 Brookhurst, Garden Grove, is representing Nettoyou.com. He stated
his client applied for a Conditional Use Permit in January. His client is currently paying
PAGE B
CITY COUNCIL MINUTES
March 12, 2002
7. ADMINISTRATIVE REPORTS (Continued)
rent on a commercial space because he was told he could put this type of business at that
location. He urged the Council not to adopt an urgency ordinance as there are already very
stringent conditions in place which the businesses must meet before they open.
Mayor Murphy spoke in support of the recommendation of the Police Chief. He agreed there is a
need to evaluate these businesses for what they are and not what they have been represented as.
ORDINANCE NO. 4-02
An Urgency Measure of the City Council of the City of Orange prohibiting the establishment of
new Cybercafes.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 4-02 be read by title only and same was approved and adopted by the
preceding vote.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :40 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
NOTE: Council did not discuss this item. I) Nieupointe Enterprises, LLC, et al. v. City of
Orange, et aI., Orange County Superior Court Case No. 01CC02712
b. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case)
c. Public employee performance evaluation pursuant to Government Code Section 54957: City
Manager
d. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
PAGE 9
CITY COUNCIL MINUTES
March 12, 2002
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 2040
Gloria Boice, 143 N. Pine, thanked the Council for their recent decision on the zoning at
Santiago Creek.
Jerry Carroll, 354 S. Tracy Lane, submitted a petition containing approximately 300 signatures in
opposition to a dog park at Yorba Park. He also thanked the Mayor for his efforts in working
with the School District.
13. PUBLIC HEARINGS
13.1 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
The 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), involving the subdivision and grading of approximately 5.4 acres of land; on-
site circulation consisting of a private loop road.; common open space for the project provided
by four lots (total 1.63 acres); and including the demolition of an existing single family residence
and assorted accessory structures and removal of much of the existing vegetation, was continued
to this time from October 9, 2001 and January 22, 2002.
Mitigated Negative Declaration No. 1670-01, Response to Comments and a Mitigation
Monitoring Program have been prepared for the proposed project in accordance with the
California Environmental Quality Act.
The Community Development Director reported this project has been redesigned from its
original plan. Some of those changes include retooling some of the homes along Sunview and
moving them further away from Sunview, moving one of the lots, changing the access from one
road to two, eliminating a gate from the community and providing additional on site parking. A
Variance is also no longer required because of the elevation changes which eliminated a three
story model. The Mitigated Negative Declaration has been revised as the project has been
revised.
Councilmember Coontz stated the Agenda should have noted the Variance had been removed as
part ofthe revised plans.
In response to questions by Councilmember Cavecche concerning the storm water runoff, the
Community Development Director stated that as part of the grading plan, the builder will need to
complete a water quality management plan.
PAGE 10
CITY COUNCIL MINUTES
March 12, 2002
13. PUBLIC HEARINGS (Continued)
Councilmember Cavecche asked about the new water quality management program that has been
set forth, and if this is something the Council needs to be concerned about with this level of
development.
The Public Works Director reported the City is not operating under the new five year permit
which was just approved; but still operating under the drainage area management plan from the
previous five year permit and the two appendices under that plan.
TAPE 2570
APPLICANT:
Jim Barisi, Brandywine Development, reported this is a new and improved development. They
have incorporated input from staff, the Design Review Committee and the surrounding
neighborhood; and the conditions of approval are stringent and demanding, but acceptable to
them.
Bob Mickelson, P.O. box 932, Orange, reviewed the original site plan and the new site plan,
noting the differences between them.
Mr. Barisi reviewed the changes to the architecture in the homes. They are utilizing Craftsman
and Cottage style architecture and have reduced the square footage of all the plans. They have
softened the elevations, wanting the styles to be unique, yet blend with the surrounding
neighborhood.
Council Ouestions
Mayor pro tern Alvarez asked about the rear elevations to the homes on the north side of the
development.
Mr. Barisi stated that wherever a dwelling is visible from an exterior or interior street, they have
provided additional architectural treatment, especially on the second story. The homes on the
north end of the project were not treated as it is impossible to see them because of the steepness
and angle of the hill and the foliage. The slope on the north end is heavily wooded, much of
which will be preserved and enhanced; and only dead trees will be removed.
Councilmember Cavecche noted that in comparing the old and the new plans, the footprints of
the homes are identical. It is the scale and height of the homes which have been reduced. She
also asked about total volume and the number of each plan.
Mr. Barisi indicated the 21 homes include 4 Plan Ones, 6 Plan Twos, 7 Plan Threes and 4 Plan
Fours.
Councilmember Slater asked about the oak grove on the west side of the property, the
significance of the oak trees and their health, the California Pepper trees and if any of the trees
are native to California.
PAGE 11
CITY COUNCIL MINUTES
March 12,2002
13. PUBLIC HEARINGS (Continued)
Mr. Greg Applegate, Arborist for the project, reported there are nine oak trees along the west
edge that are not native to California. All of the trees are stressed and four were topped because
of their proximity to wires. He stated the California Pepper trees are not native to California.
There is a Torey Pine along the very north edge of the property which is native to the San Diego
area.
Councilmember Coontz commented on the beautiful view of Anaheim Lake looking out from the
north edge of the property.
MAYOR MURPHY OPENED THE PUBLIC HEARING
TAPE 3460
The following people spoke in favor of the project:
. Joe Hoffinan, 1629 Bolingridge
. J. Michael Vanderhoof,
. David Smith, 1839 Sunview
. Steve Carter, 1830 E. Bolingridge
. Mark Wallace, 1902 E. Bolingridge
Their comments included: the property has been neglected and the developer will replace the
trees; save as many trees as possible; the project will revitalize the neighborhood; developer has
done a great job.
The following people spoke in opposition to the project:
· Carol Hilly, 1642 E. Bolingridge - provided suggestions for keeping oak trees by moving the
off street parking
. Anthony Hilly, 1642 E. Bolingridge
. Robert Nicolini, 1712 E. Sunview
Their comments included: concern with drainage problems; loss of oak trees; loss of historical
and cultural significance; displacement of animals and endangered species; project should be
scaled down; construction traffic; disruption to neighborhood during construction.
Mr. Barisi addressed the drainage concern on the west side of the property. The plans call for the
builder to intercept the runoff in a collection device and take it down to Sunview. A retaining
wall will be built on the builder's side of the drainage device along with a landscape screen. All
this will be maintained by the Homeowners Association to ensure proper long term maintenance.
He also noted there will be one to one tree replacement and most of the wildlife lives on the
north slope.
In response to questions by Mayor pro tern Alvarez, the Community Development Director
reported on the archeological survey and how things are dealt with as they are discovered. A
certified Archeologist or Paleontologist will be on site to monitor the site during grading, and if
materials are encountered during construction, the contractor shall immediately stop work in the
area until the nature of the significance of the find is determined.
PAGE 12
CITY COUNCIL MINUTES
March 12,2002
13. PUBLIC HEARINGS (Continued)
Councilmember Cavecche asked about the suggestion made by Carol Hilly to move the off street
parking in order to save the trees.
Mr. Barisi stated moving the parking would not have an affect, as it is the drainage system and
retaining walls that will disrupt the root system of the trees.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 4260
Councilmember Slater stated he is a proponent of open space, but there is no other alternative for
the use of this property. There are more things about this project that he likes than he doesn't
like and the developer has worked with the neighborhood in making good changes to the project.
He was glad to see the amount of open space on the southern end and the slope on the north end
being maintained by the Homeowners Association. This project will be an asset to the
neighborhood. He wished more trees could have been saved, but in walking the property, he
really didn't see many trees worth saving. This is a result of poor stewardship on the property
and it really has not been maintained since Chapman University bought the property.
Councilmember Cavecche expressed concern with the runoff and the need to raise the bar in
managing this. She wanted to ensure the developer is held accountable for the water runoff and
will personally monitor this situation. She chastised Chapman University for allowing this
property to deteriorate and for selling off the trees. The property was a gift to the University and
should have been used for what it was intended. She is willing to support this project, with the
provision that Lots 4 through 11 include rear-sided architecture. These lots are along the north
ridge and the properties can be seen from a distance.
Mr. Barisi agreed to the additional architectural treatment for Lots 4 through 11.
Councilmember Coontz agreed the property is in poor condition and the trees were not taken
care of; however, it can not be assumed that Chapman University is responsible for the removal
of all the trees, citing Hewes Park as an example of an area where trees have been removed over
the years. However, Chapman University should have been a better steward of the property. As
far as erosion control and drainage is concerned, there is a sufficient mitigation measure in place
to cover that. She was impressed with the changes the developer has made to the project, and
appreciated the developer's sensitivity to the development and the neighborhood.
Mayor pro tern Alvarez stated the developer has done a wonderful job in addressing the concerns
of the neighborhood. He was glad to see the gates removed from the project, which allows the
homeowners to be part of the entire neighborhood and not segregated with a gate.
Mayor Murphy congratulated the developer for listening to the comments and concerns of the
neighborhood and incorporating those concerns to improve on a project that will enhance and
benefit the neighborhood.
PAGE 13
CITY COUNCIL MINUTES
March 12,2002
13. PUBLIC HEARINGS (Continued)
COUNCIL ACTION
TAPE 5150
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Revised Mitigated Negative Declaration No. 1670-01 and the associated
Response to Comments and Mitigation Monitoring Program.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Revised Tentative Tract Map Mo. 16218 subject to conditions of approval
contained in Planning Commission Resolution No. PC 01-02, with the provision of the addition
of rear elevations to Lots 4 through II.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Revised Major Site Plan Review No. 185-01 subject to conditions of approval
contained in Planning Commission Resolution No. PC 01-02.
MOTION - Murphy
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Revised Conditional Use Permit No. 2372-01 subject to conditions of
approval contained in Planning Commission Resolution No. PC 01-02, with the provision of the
addition of rear elevations to Lots 4 through 11.
Council recessed at 8:25 p.m. and reconvened at 8:35 p.m.
TAPE 5250
13.2 APPEAL NO. 485 - CONDITIONAL USE PERMIT 2389-01, NEGATIVE
DECLARATION 1680-01, ADMINISTRATIVE ADJUSTMENT AA 01-67 - MAYOR
PRO TEM ALVAREZ
Time set for public hearing to consider an appeal of the Planning Commission's decision to
approve Conditional Use Permit 2389-01, Negative Declaration 1680-01 and Administrative
Adjustment AA 01-67, an application to construct a new second story addition to a single story
1923 Bungalow, including the demolition of a single car garage and the construction of a new
attached two-car garage, upon property located within the Old Towne Orange Historic District at
142 N. Cambridge.
PAGE 14
CITY COUNCIL MINUTES
March 12,2002
13. PUBLIC HEARINGS (Continued)
Note: Negative Declaration 1680-01 was prepared to evaluate the potential environmental
impacts of this project in accordance with the provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Section 15070 and Public Resources Code Section
21082 adopting Local CEQA Guidelines for the Historic District.
Reason for Appeal:
"The approval of this project would threaten the Historic fabric of the Old Towne Historic
District by not following the basic agreements that were established at the formation of the
district.
. The Cumulative Effect of this decision will have a negative impact on the future of the
historic district.
. The bulk and mass of this project is greater than the historic intent of the original building
and of existing structures ofthe same nature within this district.
. The attached garage element is not consistent with the longtime practice of detached garages,
an established standard for the District, including this property.
. The use of the F.A.R. (floor area ratio) for this project is not consistent with existing historic
structures within the district or homes of a similar design. In this case the FAR formula has
created the bulk and mass issue for second story additions."
NOTE: Councilmember Slater reported a conflict of interest as he had sold a home across
the street from the subject property within the last year; and left the dais.
Mayor pro tern Alvarez stated he appealed this project solely on his own and was not asked to do
so by any homeowner. He expressed concern with the project after reviewing comments by the
Design Review Committee and Planning Commission and wanted Council to take one final look
at the project to ensure the integrity of the Old Towne Historic District was not threatened.
The Community Development Director reviewed the application, noting it meets all the hard
standards such as setbacks, height, FAR and open space. However, there are softer standards,
such as historic design standards, which are more open to interpretation of compatibility issues.
The Planning Commission split 3 to 2 on this issue, but did find that the project met these
standards. She reviewed the aspects of the appeal, such as cumulative effect, bulk and mass, the
attached garage and FAR.
Mayor pro tern Alvarez suggested discussing each of the four aspects ofthe appeal separately.
He asked about the cumulative effect of this project, citing examples of South Olive Street and
South Lemon Street; and was concerned this would be setting a standard for future projects. He
noted this structure is essentially being doubled in size. He asked about contributing versus non
contributing structures, and about adverse ratings and how it is determined if a project of this
nature will be contributing or not. He asked if there is a scale used to determine whether the
threshold is being met or not regarding the cumulative effect of the change of this entire project.
PAGE 15
CITY COUNCIL MINUTES
March 12, 2002
13. PUBLIC HEARINGS (Continued)
Mr. Dan Ryan, Sr. Planner, reported the project needs to be looked at in terms of the block
context of Cambridge where principally all the structures are one story bungalows. Different
neighborhoods have different development styles and context and this project needs to be looked
at in relationship to surrounding development on Cambridge. Contextually, there is some
concern that because this property is on the edge of the District and adj acent to commercial
property, that it would have less of an impact. There are some examples in Old Towne where
there are corner lots which were developed as two stories. These are considered bookends on the
block.
Mayor pro tern Alvarez, stated that given the standards applied to this project, he is able to draw
the conclusions that the context of the block is single story, there are detached garages, and if
there are any additions to the existing home stock, they are basically single story. He asked what
percentage of change must occur before there begins to have a cumulative effect.
TAPE 6360
Councilmember Coontz noted the discussion needs to be on cumulative effect on this particular
block. She was interested in the negative impacts of the future of this block and maybe other
blocks like it in the R-1-6 of Cambridge. She noted the edge of the Historic District is the east
side of Cambridge and that other parts of Old Towne are not in the context of what is being
considered with this project, and asked to focus on this application and this block.
The City Attorney stated cumulative effect relates to this project, in relationship to reasonably
foreseeable future projects, and any negative impacts on the historic significance of the
neighborhood. There is also the question of whether this project, standing alone, will have a
negative effect on the historic significance of the neighborhood. If this project were approved, it
does not necessarily mean that the Council would be bound to approve a similar project if the
Council could find that there are differences in the projects such as a mid-block second story as
opposed to an end of block second story.
Mayor pro tern Alvarez expressed concern that if this project were approved, the Council must
be prepared for the next similar project.
Mayor Murphy reiterated that if findings were made that this project was approved because of
the uniqueness of its location, then another project would not necessarily have to be approved
just because this one was. He asked if the proposed development would put the National
Registry at risk.
Mr. Ryan explained the issue, and how it is written under local CEQA guidelines, is how it is
viewed from the public space from the street, and whether that is adverse or not. Based on that
language, he would concur with the Design Review Committee.
Councilmember Coontz read a section from the CEQA Guidelines regarding substantial adverse
changes that threaten loss or destruction of the quality that caused the original formation of the
local historic district, primarily from street sidewalk or other public way and secondarily, which
is still important, from the adjoining properties or the neighborhood context.
PAGE 16
CITY COUNCIL MINUTES
March 12, 2002
13. PUBLIC HEARINGS (Continued)
Councilmember Cavecche noted comments from the Design Review Committee which talked
about modifying original structures and whether the work was reversible or not.
Mr. Ryan stated this addition is not reversible but the question is whether it is adverse to the
structure itself.
Councilmember Coontz spoke on the bulk and mass issue, noting the extreme bulk and mass of
the proposed addition. She provided overlays of the original structure to show the difference
between what is currently there and what is proposed; indicating the scale is not properly shown.
She noted the bulk and mass probably fit the FAR, which the City has been trying to change for
years. She asked to what extent does this affect the historic fabric of both the house and the
block because it is made to look like a Craftsman style but is actually a Bungalow.
Mr. Ryan explained the general differences between a Bungalow and Craftsman style house.
Bungalows were usually one story, Craftsman were 1-1/2 stories. Craftsman had sleeping
porches and more varied roof forms. Architectural details were more refined in the Craftsman as
far as the use of materials. Bungalows were more simplified in nature.
Councilmember Coontz asked how new additions would be addressed under CEQA. Under
CEQA it states new additions shall not destroy historic features compatible with those in terms
of massing, size, scale and architectural features to protect the historic integrity of the property
and it surroundings.
Mr. Ryan stated the recommended issue for additions to historic buildings is constructing a new
addition so there will be the least possible loss of historic materials and the character defining
features are not obscured, damaged or destroyed.
Councilmember Coontz expressed concern that the corner commercial lot was considered for
criteria when it was a later addition to Old Towne and not as old as the structures being
considered.
Mayor pro tern Alvarez stated in looking at bungalows with a second story, the bulk and mass of
the second story, historically, were homes that were originally built that way in the 1930's. The
sizes were quite a bit smaller and consisted usually of small bedrooms with lots of windows, and
used for ventilation. The proposed addition does not meet the mass and scale and size
requirements and questions whether it meets architectural features.
TAPE NO. 2
Mr. Ryan noted the Edwards House as an example of a second story which is approximately
55% of the size of the first story. Mayor pro tern Alvarez noted the proposed addition exceeds
55% of the first story.
Mayor pro tern Alvarez spoke on the attached garage element, which he did not feel was
consistent with the long time practice of detached garages established as a standard of the
PAGE 17
CITY COUNCIL MINUTES
March 12,2002
13. PUBLIC HEARINGS (Continued)
Historic District; drawing the conclusion that the accepted standard for the area is a detached
garage with a long driveway. He also spoke on the FAR issue, noting the FAR which is being
applied is a City wide FAR. Although the project meets the FAR, he pointed out the Council has
asked for a FAR that needs to be used in the Historic District. He concluded that the FAR
formula for an accepted second story Bungalow, is far less than what is being proposed.
Mr. Ryan noted the typical historic FAR for this neighborhoods would be in the range of .21 to
.31. The FAR for this project is .42.
Mayor Murphy suggested a traditional FAR in an Historic District is not legally binding because
the City has not adopted a separate FAR for the Old Towne District. The Council is still
operating under the design guidelines for the City in terms of FAR.
The City Attorney reiterated the FAR is the maximum allowable development, but the Old
Towne Design Guidelines require to look at bulk and mass in relationship to other homes in the
neighborhood.
Mayor Murphy stated that while he understands the concerns expressed of whether this is
representative of what the Council is looking for in Old Towne, the real issue would not be the
FAR because that is well within the City requirements. The issue is more on other areas such as
bulk and mass. Findings for upholding an appeal on a project need to be made on what is legally
required rather than what desired.
Mayor pro tern Alvarez noted the FAR being discussed is city wide and it is the maximum
allowable. The maximum allowable needs to be balanced with the accepted historic standards is
for a second story bungalow.
Councilmember Coontz stated the FAR has not been addressed, which has been a continuing
problem. It was supposed to be revised, and the inconsistency is illustrated when talking about
cumulative effect and bulk and mass.
The City Attorney stated FAR is important from a discussion of bulk and mass, and in
relationship to other historic contributing structures. In discussing FAR and whether it meets
the Old Towne Design Guidelines, it is important in relationship to other structures. Whether it
meets the minimum requirement is a zoning issue.
TAPE 2 - 320
Robert Imboden, representing the Applicant, stated the cumulative effect issues were dealt with
at the Planning Commission meeting. This request does require a Conditional Use Permit which
requires a project be reviewed with regard to its surroundings, impact to the neighborhood and
Historic District and its compliance with the standards that are in place at that time. He read
from the Old Towne Design Guidelines, noting his interpretation is to observe a corner
development as not being typical with mid-block development. Typically, corner structures are
larger with larger bulk and mass. With regard to the office building to the south, the reality is
PAGE 18
CITY COUNCIL MINUTES
March 12,2002
13. PUBLIC HEARINGS (Continued)
that the building does exist, and the entire area needs to be looked at not just the immediate
block. He submitted a map to the Council of those properties which are either two stories or
have the appearance ofthree story in volume.
With regard to the historic FAR, the Council should not limit the use of structures to the historic
FAR, as what was acceptable in the early 1900's is not necessarily acceptable today. The Old
Towne Design Standards and the Preservation Element actually encourages the simple
improvement of properties and recognizes it as an important key to the overall preservation of
the District. There needs to be a balance of the past while meeting the needs of today. He
recognizes the significance of Old Towne, but time should not be frozen. Development
standards do not allow for development to take place the way it did in the past. He asked that
this project not be compared to the area south of Chapman. This request is not for an accessory
unit or any new use and preserves the historic use.
Mayor pro tern Alvarez noted that the Historic District was created to preserve what was there.
He agrees there needs to be give and take, but Old Towne needs to be preserved.
Councilmember Coontz noted the preservation movement started many years ago with many
people involved in it, and talked about the involvement of Consultant Judy Wright establishing
the preservation element. She asked about why OTPA put this area on the National Register.
Mr. Imboden reiterated there should be recognition of the historical significance of Old Towne
and preserving it, but did not think the intent was to freeze anything. He then submitted pictures
to the Council to illustrate second story additions. He discussed the reversibility of a project,
stating that this project is reversible - it's simply a matter of money. He noted the only facade
being touched, except for the south which is receiving restoration, is the rear.
Councilmember Coontz questioned if Old Towne preservation is not following the reasoning for
why Old Towne was put on the Register and not protecting the historic structures, then why is it
on the Register? She also asked about the reference to this property being at the edge of Old
Towne, noting the edge of Old Towne is as important as the middle. She also asked about
airplane bungalows, noting a true airplane does not go all the way out to the edge.
TAPE 2 -1140
Greg Early, 142 N. Cambridge, reported they have gone through all the proper channels and
processes, incorporating ideas along the way. Their intent to preserve the property and maintain
a single family home. He asked the Council to respect their rights to develop the property within
the City guidelines. He then reviewed comments by both the Design Review Committee and the
Planning Commission.
Merilyn Early, 142 N. Cambridge, reported the review process has worked, noting the issues
discussed have all been thoroughly reviewed at various levels. They have received significant
community support for this project, as well as support from OTP A. She submitted a petition
containing approximately 39 signatures in favor of the proposed project.
PAGE 19
CITY COUNCIL MINUTES
March 12,2002
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz stated the Council did not receive any formal letter from OTPA stating
their position of the project and, therefore, did not want to assume their position.
TAPE 2-1410
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following people spoke in favor of the proposed project:
. TJ. Clark, 811 E. Chapman
. Chip Buckley, 910 E. Maple
. Leslie Buckley, 910 E. Maple
. Corrine Schreck, 446 N. James
Their comments included - the majority of residents on Cambridge favor the project; this will be
a significant improvement to the neighborhood; this is a corner house and is able to support a
larger structure; the Earlys have met all City requirements along the process.
The following people spoke in opposition to the proposed project:
. Gloria Boice, 143 N. Pine
. Robert Boice, 143 N. Pine
. Dale Fairchild, 282 N. Cambridge
Their comments included - decisions should be made on rulings of the California Supreme Court
that even a small contribution to existing cumulative impact could be considered a significant
impact; this is a significant house on its own and should not be considered a corner lot; additions
should be kept single story and made in keeping with the historic context of the area.
Mayor Murphy announced communication had been received from the following:
In opposition:
. Robert Boice, 143 N Pine
. The Kennisons, 173 N. Pine
. Julie Davis, 193 N. Pine
. Ann Hobson, 130 N. Pine
. Mr. & Mrs. Alvin Rogers, 150 N Cambridge (letter read by City Clerk)
In favor:
. Mark Dremmel, 424 S. Grand
. Vince Boglino, 426 N. Lemon
. Peter Burtam
. Marty Matusak, 340 S. Grand
. Priscilla Selman, 191 S. Cambridge
. Marilyn Ware
TAPE 2150
PAGE 20
CITY COUNCIL MINUTES
March 12,2002
13. PUBLIC HEARINGS (Continued)
Mr. Imboden reported this is a specific project for a specific site. It requires a Conditional Use
Permit which requires discretionary review. This structure does not stand in the Historic
Register because of its own significance, but it is a contributing structure to the neighborhood
and will not affect the neighborhood. He concurred OTPA had not submitted a formal letter with
their position, but suggested the Council had received phones calls from members of OTPA
indicating their position. He also asked that this project be held to current standards, not future
ones.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor pro tern Alvarez reported the challenge before the Council is to enforce existing standards
and uphold this District. In reviewing the four aspects of the appeal, this project does not meet
the threshold in terms of the context of the block and the nature of the existing home stock within
this area. This area is a single story neighborhood and other alternatives for an addition should
have been explored. The second story is too big and far exceeds the threshold for what should be
acceptable for the neighborhood. The project should have respected a long driveway and
detached garage element; and he is not prepared to set a new standard with this project. There
are some good elements to the project, and suggested sending it back to the Planning
Commission to develop a project more compatible to the neighborhood.
Mayor Murphy noted that an expansion ofthis type would require a two car garage.
Councilmember Coontz stated she has been involved with preservation since the 70's, and had
hoped the Planning Commission and Design Review Committee members would have more of
an historic background to deal with issues like this. She also expressed concern with a potential
conflict of interest due to the fact that the architect Mr. Imboden works for is a member of the
Design Review Committee, which can be intimidating to other Committee members. She noted
Council makes the final decision and other groups are advisory to the Council, and referred to
the California Supreme Court case, indicating there needs to be more information available to
those who make decisions and those who advise the Council. No formal opinion was given from
OTPA, and she noted there have been different positions from members of OTPA. Old Towne is
a huge area, and she hoped they would hear from more people in the future.
Councilmember Cavecche stated this was a difficult decision for her as she has personally been
involved in similar cases from both sides. She agreed that the applicant had done due diligence,
but in reviewing the Planning Commission and Design Review Committee Minutes, she found a
common thread in comments made regarding using the location of the project as a reason for
approval. She heard comments such as the building was on the edge of the District and that it
was a logical transition from the adjacent commercial building into the neighborhood. However,
in asking for a Conditional Use Permit for the second story, one of the rules of a Conditional Use
Permit is to consider the project in relationship to its effect on the community or neighborhood
plans in which the project is located. She did not agree that a two story structure should not be
PAGE 21
CITY COUNCIL MINUTES
March 12, 2002
13. PUBLIC HEARINGS (Continued)
allowed anywhere on this block. There is a potential project here, but had some reservations
with the south elevation, massiveness of the structure, and the problems with compatibility of the
structure with the rest of the block. She suggested a compromise be looked at.
Mayor Murphy stated he had no concerns with the process this project has gone through because
the integrity of the process was upheld every step ofthe way. He empathized with the applicant
in trying to respond to concerns, noting the first plans came in with a detached garage but were
changed after comments made by the Design Review Committee. This type of inconsistency is
frustrating because it is left to interpretation. He stated this proj ect meets the specific standards
and guidelines and he could vote to support the project at this time. He was encouraged that this
is a proposal for a single family residence and suggested a continuance rather than upholding the
appeal and denying the project completely.
Council discussed possible ideas for improving the project, agreeing that the biggest concern is
the bulk and mass of the second story.
Mr. Imboden asked for very specific guidelines and a quantifiable measure of how this can meet
the approval of the Council.
Council agreed the bulk and mass of the second story needs to be reduced and the extension over
the garage needs to be eliminated. An attached garage could be acceptable if the bulk and mass
were reduced. It was also noted that landscaping can be used to help with privacy issues on all
sides. It was suggested this be continued to April 9th.
Councilmember Coontz noted that any time there were extreme changes to a plan, it had to go to
the Design Review Committee.
The City Attorney stated the Council has the discretion as to whether or not it would go back to
the Design Review Committee.
Mr. Imboden concurred with a continuance to April 9th for final determination.
MOTION - Alvarez
SECOND - Murphy
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
Moved to continue to April 9, 2002 at 7:00 p.m.
14. PLANNING AND ENVIRONMENT - None.
PAGE 22
CITY COUNCIL MINUTES
March 12, 2002
15. ADJOURNMENT
MOTION - Coontz
SECOND - Slater
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
The City Council adjourned at 11:15 p.m. in memory of Gary Granville, Orange County Clerk-
Recorder to an Adjourned Regular Meeting, Study Session at 5:00 p.m. on March 19,2002 in the
Weimer Room to discuss Department Budget Goals.
rJ4~~~~~
CASSANDRA J. C.N CART, CMC
CITY CLERK
tltJe- ~~~
MARK A. Y
MAYOR
PAGE 23