4/9/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON APRIL 23, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING APRIL 9, 2002
The City Council of the City of Orange, California convened on April 9, 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 Pastor Bubba Lipscomb, First Southern Baptist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
Plaque presented to Sharon Sleppy, Corresponding Secretary and Pat Campbell,
Fundraising Committee Member, of the Orange Emblem Club #418 for their generous
donation of $2,400 to the Police Department's DARE Program.
Recognition was given to Orange Youth Football Cheerleaders, winners of 2nd and 3'd
Place in the National Championships, who were introduced by Orange Youth Football
League President Essie Figueroa, who also presented Council with a check for $200.00
for repairs to the turf at Hart Park.
Proclamation was presented to Dean Davisson representing Recording for the Blind &
Dyslexic honoring "National Record-A-Thon Week" April 22 through 28,2002.
Proclamation was presented to Mark Mendez, Vice Chief, honoring the Juaneno Band of
Mission Indians.
Proclamation was presented to Barbara Barry of the Orange Police Department honoring
"National Telecommunicators Week" April 14 through 20,2002.
2.
PUBLIC COMMENTS
TAPE 530
Sandy Sladen, 600 E. Jefferson, spoke in support of a Dog Park in Orange, relaying an
incident that happened to her while walking her dog in her neighborhood.
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CITY COUNCIL MINUTES
April 9, 2002
3.
CONSENT CALENDAR
TAPE 600
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 April 9, 2002 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park
Bulletin Board, summarized on Time-Warner Communications and available on the
City's Website www.cityoforange.org, all of said locations being in the City of
Orange and freely accessible to members of the public at least 72 hours before
commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated March 21 and 28, 2002.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting, March 19,
2002 and Regular Meeting, March 26, 2002.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
BIDS
3.5 Bid No. 012-32. Award of construction contract to Broadband Powering Services of
Laguna Hills for traffic signal improvements at various locations in the City of
Orange.
SUMMARY: The proposed traffic signal improvements will improve the safety and
efficiency of traffic flow. Eight proposals for these traffic signal improvements were
received. Broadband Powering Services, 26051 Merit Circle #105, Laguna Hills, CA
92653, submitted the lowest responsible bid in the amount of$311,857.00.
ACTION:
I) Awarded a contract to Broadband Powering Services of Laguna Hills in the amount of
$311,857.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
2) Appropriated $25,000 from TSIP Area B Unappropriated Reserves into:
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CITY COUNCIL MINUTES
April 9, 2002
3. CONSENT CALENDAR (Continued)
TSIP B - Katella Ave.lCambridge St.
TSIP B - Main St./Palmyra Ave.
284-5032-485100-6119
284-5032-483100-6060
$13,405.00
$11,595.00
FISCAL IMPACT: Upon appropriation funds for this project will be available in the
following signal installation accounts:
TSIP B
TSIP B
TSIP C
Serrano CFD
Katella Ave.lCambridge St.
Main St./Palmyra Ave.
Serrano A ve./Mt. McKinley
Serrano A ve./Y ellowstone
284-5032-485100-6119
284-5032-483100-6060
285-5032-483100-6192
594-5017-485100-0000
TOTAL
$ 53,728.75
102,001.36
95,885.66
95.199.34
$346,815.11
3.6 Bid No. 012-36. Award a contract for the purchase of a deep well pump for Water
Well No. 26.
SUMMARY: Water Well No. 26, located within The Block At Orange complex
southerly of The Terrace Apartments at Lewis St./City Parkway WestlCity Boulevard
West was drilled several months ago. The next phase of this project is to purchase and
install the pump. Water Well Supply of 11234 S. Norwalk Blvd., Santa Fe Springs, CA
90670, submitted the lowest responsible bid in the amount of $85,740.00.
ACTION: Awarded a contract to Water Well Supply of Santa Fe Springs in the amount
of$85,740.00 and authorized the Mayor and City Clerk to execute on behalfofthe City.
FISCAL IMP ACT: Funding for this project is budgeted and available in the following
account:
Construction of Well No. 26 601-8011-484101-8118 $85,740.00
3.7 Award of Contract - Bid No. 012-37, to Ford of Orange for Two F450 Dual Rear
Wheel Trucks.
SUMMARY: Two F450 Dual Rear Wheel Trucks for use by the Water Division of the
Public Works Department have been scheduled for replacement as part of the approved
vehicle replacement schedule in the FY 200112002 budget.
ACTION: I) Awarded Bid No. 012-37 to Ford of Orange in the amount of $50,937 for
Two F450 Dual Rear Wheel Trucks; 2) authorized the Mayor and City Clerk to execute
on behalf of the City; and 3) authorized the City Manager to surplus the replaced vehicles
at an auction.
NOTE: Mayor Murphy abstained due to an employment conflict.
FISCAL IMP ACT: Funds are budgeted in the following account:
720-5023-472102 (Motor Vehicle Replacement) $50,937.00
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CITY COUNCIL MINUTES
April 9, 2002
3. CONSENT CALENDAR (Continued)
3.8 Project No. SP-3365 - Belmont Park Upgrades. Approval of plans and
specifications, and request for authorization to advertise for bids.
Project No. SP-3393 - EI Modena Park Phase II Upgrades. Approval of plans and
specifications, and request for authorization to advertise for bids.
SUMMARY: Plans and specifications have been completed for Belmont Park Upgrades.
The project is ready to be advertised. The estimated construction cost is $185,000. Plans
and specifications have been completed for El Modena Park Phase II Upgrades. The
project is ready to be advertised. The estimated construction cost is $90,000. The two
projects are being combined into one construction project because of similar work,
economies of scale and ease of construction coordination.
ACTION: I) Approved plans and specifications and authorize advertising for bids for
Belmont Park Upgrades. 2) Approved plans and specifications and authorize advertising
for bids for El Modena Park Phase II Upgrades.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
Belmont Park Upgrades
310-9645-485100-0750
510-7021-485100-0750
Community Dev. Block Grant (CDBG)
Belmont Park Upgrades
Total Funds
$ 38,954
$ 376,969
$ 415,923
El Modena Park Upgrades
310-9645-485100-0087
510-7021-481105-0087
Community Dev. Block Grant (CDBG)
EI Modena Park Upgrades
Total Funds
$ 45,562
$ 1.590
$ 47,152
3.9 CLAIMS
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. PBC Pavers, Inc.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Award of Contract - Bid No. 012-33; SP-3322; Arterial Highway Rehabilitation
Program - Glassell Street Reconstruction from Almond Avenue to 300' south of
Culver Avenue.
SUMMARY: Nine (9) formal bids were received for all three proposed alternates. The
City chose Full-Depth asphalt concrete alternate. The bids range from $484,342.00 to
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CITY COUNCIL MINUTES
April 9, 2002
3. CONSENT CALENDAR (Continued)
$820,990.00. The construction improvements will include traffic control, asphalt
concrete full-depth, concrete curb and gutter, concrete sidewalk and parkway, concrete
access ramp, concrete driveway, concrete cross gutter and spandrel, light pole and pull
box relocation, street sign relocation, water valve and manhole adjustments, survey well
monument adjustments, and all appurtenances, signing, striping and all pavement
markings required, including all labor and equipment necessary for completion of work.
NOTE: Mayor pro tern Alvarez abstained due to a property interest.
ACTION: I) Awarded a contract in the amount of $484,342.00 to Sequel Contractors,
Inc., P.O. Box 160, Downey, CA 90241-0160 and authorized the Mayor and City Clerk
to execute on behalf of the City; and 2) Appropriated $100,000 from Fund 272
unappropriated reserves to account 272-5011-483300-4005.
FISCAL IMP ACT: Upon appropriation funds will be available in the following account:
920-9811-483300-4005 $249,615 Southwest Project & Loan Administration
272-5011-483300-4005 $100,000 Gas Tax 2105
Grant funds have been awarded as follows:
550-5011-483300-4005 $237,069 Arterial Highway Rehabilitation Program
Total Funds $586,684
DONATIONS
3.11 Donation from Orange Emblem Club #418 to the DARE Program
SUMMARY: The Orange Emblem Club #418 selected the Police Department's DARE
Program as a beneficiary of funds.
ACTION: I) Accept the donation of $2,400 from the Orange Emblem Club #418, which
has been deposited in account 100-4001-293900; and 2) appropriated $2,400 to account
100-4001-449600-2305 (General Fund-Office of the Chief-Miscellaneous Expenditures-
DARE Program.
FISCAL IMP ACT: None.
RESOLUTIONS
3.12 RESOLUTION NO. 9582
A Resolution of the City Council of the City of Orange revising the Conflict of Interest
Code for the City of Orange.
ACTION: Approved.
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April 9, 2002
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.13 A proposal to use the Police Traffic Van in the Baker to Vegas Relay Race.
SUMMARY: The Baker to Vegas Relay Race is a competitive running event that covers
120 miles. It began as a competition between the Los Angeles Police Department and
the Los Angeles County Sheriffs Department that has grown into an event for law
enforcement agencies nationwide. The Orange Police Department has participated in this
event for over 10 years.
ACTION: Approved use of the Police Traffic Van and gas for a follow vehicle in the
Baker to Vegas Relay Race, April 19 through 21,2002.
FISCAL IMPACT: None.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Mayor Murphy abstained on Item 3.7; Mayor pro tern Alvarez abstained on Item 3.10.
All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8.
REPORTS FROM CITY MANAGER
TAPE 635
8.1 Presentation of the Second Quarter 2001-02 Budget Report which includes the
period July 1, 2001 through December 31, 2001.
SUMMARY: This Second Quarter Report is intended to inform the City Council of
departmental performance for the quarter, including progress towards the achievement of
departmental goals and completion of major capital improvement projects. The report also
summarizes the results ofthe City's financial operations.
The City Manager provided an overview of the Second Quarter Budget Report. He reported
they are watching the budget closely; and expenditures are on target, with revenues down,
creating an approximate $1.5 million shortfall. He reviewed the proposed budget adjustments,
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CITY COUNCIL MINUTES
April 9, 2002
8. REPORTS FROM CITY MANAGER (Continued)
which include a transfer of $207,211 from the $250,000 set aside in anticipation of higher
electricity costs; an adjustment for unemployment claims; and proposed reclassifications in the
Community Development Department to improve the level of service and make changes in the
Department to reflect changing workloads.
He also reviewed his Administrative Savings Plan, which requires departments to reduce
spending by approximately $2 million in the General Fund in order to meet the anticipated
General Fund revenue shortages in the current fiscal year. This will also help in preparation for
next year's budget.
Councilmember Coontz stated she appreciated the City Manager's attention to the budget and
fiscal issues and that the quarterly reports help keep the Council informed and ahead of things.
Mayor pro tern Alvarez asked about the decision packages for new projects and about the
upcoming employee contract negotiations.
The City Manager reported he will be bringing to Council, at their April 16th Study Session, a
report on proposed budgetary revenues and expenditures for next year, along with decision
packages over and above the operating budgets. They have also taken the contract negotiations
into account in preparing the budget, and he does recommend proceeding with those negotiations
as proposed.
Mayor Murphy asked what was driving the proposed reclassifications in Community
Development, and if the Council was creating the additional work for Community Development
with requested policy and analysis studies. He suggested that perhaps the Council needs to
prioritize projects when requesting studies of staff.
The City Manager stated the staffing changes are in response to community needs, which is
difficult to forecast. Reorganizing the department will help them be more responsive to the
community and help the City to be more effective. In addition, new projects have come up and
there has been more sensitivity to Code Enforcement issues.
Councilmember Cavecche noted the staff needs to be ready because of the anticipated projects
coming in the future.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
1) Received and filed the Second Quarter FY 2001-02 Budget Report
2) Approved a General Fund transfer of$207,211 as indicated in this report
3) Approved an appropriation of$178,630 from the Water Fund as indicated in this report
4) Approved an appropriation of $20,000 from the Employee Accrued Liability Fund as
indicated in this report
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April 9, 2002
8. REPORTS FROM CITY MANAGER (Continued)
5) Adopted Resolution No. 9584
A Resolution of the City Council of the City of Orange reclassifying two positions within the
Community Development Department-Planning Division.
FISCAL IMPACT: The mid-year budget adjustments will result in appropriations of $178,630
from the Water Fund and $20,000 from the Employee Accrued Liability Fund, and a transfer of
$207,211 in the General Fund. The two position reclassifications recommended will result in a
cost of $5,315 in the General Fund for FY 2001102, which will be absorbed by the Community
Development Department. For the FY 2002/03 budget, the personnel changes will result in an
increase of $20,840 in the General Fund, which will be included in the proposed budget for the
Community Development Department.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11.
RECESS TO CLOSED SESSION
TAPE 1070
The City Attorney eXplained the need to take action on a case in Closed Session as a proposed
settlement requires Council approval.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to find the following matter arose after the posting of the Agenda and there is a need to
take immediate action:
Feduk vs. City of Orange, Orange County Superior Court Case No. 01 CC06528
The City Council recessed at 5: 12 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 existing
litigation:
I) City of Orange v. Airport Working Group, Orange County Superior Court Case No.
0lCC09018
b. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case)
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April 9, 2002
11. RECESS TO CLOSED SESSION (Continued)
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organizations: Orange Maintenance and Crafts Employees Association (OMCEA),
Orange Management Association (OMA), Orange Municipal Employees Association
(OMEA), Water Department Employees Association (WDEA)
d. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 1110
The following people spoke in opposition to a portion of the proposed Hewes Street widening as
the street will be redirected and be closer to the rear walls of the homes which back onto Hewes.
Comments included - safety concerns, concern that information was not provided to the affected
homeowners and suggestions for the installation of Stop signs to alleviate traffic concerns.
. Jeff Hamburg, 1070 N. Antonio Circle
. Laurie Hamburg, 1070 N. Antonio Circle
. Uyen-chi Dang, 1075 N. Antonio Circle
. Kevin Kean, 1048 N. Antonio Circle
The Director of Public Works provided a history of the proposed street widening and the
adjacent development, noting that the precise aligrunent of Hewes was approved as part of the
tract development. The proposed realigrunent would provide for four lanes with a bikeway and
left turn lanes at Rancho Santiago. He noted that this information should have been disclosed by
the developer at the time the homes were originally sold. He reported a Stop sign is a separate
issue from the street widening and staff has suggested the homeowners submit a request for a
Stop sign to the City Traffic Commission. Staff will be happy to meet with the homeowners and
the Director of Public Works provided his office phone number 744-5545.
Councilmember Coontz stated that the notification process is important and the City needs to
find out what is being shown to homebuyers to ensure it is accurate.
Mayor Murphy noted this is another example of projects not being completed in their entirety,
which causes frustrations and challenges.
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April 9, 2002
13.
PUBLIC HEARINGS
TAPE 1830
13.1 APPEAL NO. 485 - CONDITIONAL USE PERMIT 2389-01, NEGATIVE
DECLARATION 1680-01, ADMINISTRATIVE ADJUSTMENT AA 01-67 - MAYOR
PRO TEM ALVAREZ
The 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, was continued to this time from March 12, 2002. 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.
THE PUBLIC HEARING IS CLOSED.
Reason for Appeal:
"The approval of this project would threaten the Historic fabric of the Old Towne Historic
District by not following the basic agreernents 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 proj ect 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 the home at
133 N. Cambridge within the last year; and left the dais.
MAYOR MURPHY REOPENED THE PUBLIC HEARING
Robert Imboden, Architect, representing the Applicant, reported they were asked to reduce some
of the bulk and mass on the second story, which they have done by elirninating a sleeping porch
and reducing the size of the bedrooms; while the ground floor remains as originally proposed.
He reviewed a map showing the new plans superimposed on the original plans.
Mayor pro tern Alvarez asked about retaining the original materials on the home and if the
ground floor is designed to carry the weight ofthe proposed second story.
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CITY COUNCIL MINUTES
April 9, 2002
13. PUBLIC WORKS (Continued)
Mr. Imboden stated they are also concerned about retaining all original materials whenever
possible. Any siding that is removed will be put back on, and any new siding will match existing
siding. Also, actual construction drawings have not been made, so they do not have all the
construction requirements for the second story. However, the existing framing should be
sufficient to carry the load of a second story with possibly some additional beams and shearing;
and there should not be much disruption to the original structure.
Mayor pro tern Alvarez stated for the record that the applicant be asked to salvage existing
materials.
Gloria Boice, 143 N. Pine, commented she had spoken with the State Office of Historic
Preservation; and spoke in opposition to the proposed project, stating the Negative Declaration is
sorely inadequate.
Robert Boice, 143 N. Pine, asked the Council not to set a precedent by allowing an attached
garage, which cannot be justified in Old Towne. Detaching the garage will also cut down on the
bulk and mass. He submitted photographs to the Council as an example of what can happen
when changes are allowed in a neighborhood.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 2260
Mayor pro tern Alvarez stated he could not support the original design, but did like this
redesigned project with the reduced second floor. However, he wanted to explore the idea of
giving the applicant an approval, but reaching a compromise that would allow the Council to
maintain the Historic District. He asked about the attached garage and if this would be deviating
away from an acceptable norm in the District and ifit would be setting a precedent.
The Director of Community Development stated in reviewing the entire Old Towne area, they
found only two properties with attached garages and they were in the R-2 zone. As a general
rule, garages have been detached in single family properties. This attached garage could set a
precedent, and the Council would have to make a finding that there is something unique about
the property to allow an attached garage. She noted that an addition of this size does require that
the garage be brought up to today's standard of a two car garage. The applicant would have to
apply for a Variance in order to retain the existing one car garage.
Mayor pro tern Alvarez stated he was not comfortable in setting a precedent. In reviewing the
Minutes from the Design Review Committee and Planning Commission meetings on this project,
he noted their decisions were made more for today's standards and not for the Historic District.
It is the Council's responsibility to protect the Historic District, which includes ribbon driveways
and garages facing the street.
Councilmember Coontz asked what jumpstarts the addition of a second garage space; how much
the revised plans have been reduced from the original plans; what the square footage is of the
proposed attached garage; and what would happen if the garage were removed.
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CITY COUNCIL MINUTES
April 9, 2002
13. PUBLIC HEARINGS (Continued)
The Director of Community Development stated the addition of 25%, or 500 square feet,
necessitates the requirement of a second garage space; this redesigned plan has been reduced 56
square feet from the original plans; the current proposed garage is 458 square feet; and if the
applicant were to remove the garage, there is room at the rear of the property to configure a
detached garage.
Councilmember Cavecche stated the plans were confusing and she would like to have seen
dimensions on the plans. On the original plans, the sleeping porch was not included in the
square footage, and if the sleeping porch is included, the reduction in square footage from the
original plans is actually greater.
Councilmember Coontz asked for verification of the porch not being included in the square
footage, as covered porches are usually included for tax assessments.
Mayor Murphy noted the Council gave specific directions to the applicant at the last meeting and
the garage was not specifically addressed in those directions; and, therefore, he was hesitant to
make more recommendations at this time.
Mr. Imboden reported the applicant would be interested in retaining the existing detached garage
but would like resolution on this proposal at this meeting.
Council discussed the benefits of a detached garage, along with the need to move forward with
the proposal.
MOTION - Alvarez
Moved to modify the actions of the Planning Commission requiring that the modifications that
are incorporated in the redesign of this project be approved with the exception of detaching the
garage and locating the garage at the southwest corner of the property where the original garage
IS.
MOTION DIED FOR LACK OF SECOND
MOTION - Cavecche
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
Move to modify the action of the Planning Commission by requiring that the project be modified
to incorporate the redesign of the project in the form presented to the City Council this evening
with the additional requirement that the two car garage be detached.
Council pointed out to the Applicant that if they wish to retain the existing one car garage, the
Applicant has the option of applying for a Variance.
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April 9, 2002
13. PUBLIC HEARINGS (Continued)
TAPE 3445
For the record, Councilmember Coontz reported that regarding the process, she had discovered
that the Old Towne Design Requirements were adopted by ordinance, approved in the year 2000,
after work in 1999. However, they are not printed in the Orange Municipal Code Book, which
has created confusion over a period of time. They are a separate document because apparently
those in charge at the time decided it was too bulky to include in the Code Book. However, the
Design Standards book does not indicate that they were adopted by ordinance and references are
incomplete in the code book.
She was concerned that there are many of these applications that come before the City, and that
on occasion there has been wrong direction given by the Design Review Committee and/or the
Planning Commission because there is little understanding of the fact that there are more than
one set of ordinances. There is the Orange Municipal Code Book and then there are the Design
Guidelines. So if people are unfamiliar with that, whether it's the staff, Design Review
Committee or the Planning Commission, that is one of the reasons that incorrect information is
given to people at the counter and beyond in the process.
There is a move in Old Towne to educate the public about design guidelines, about all of the
CEQA processes, etc., but if the information is not known, then a lot of mistakes can be made.
There is a lot of money being wasted for everybody involved if the wrong information is given
out. It is very important that this issue be pursued, because it was just assumed it would be in the
Code Book. There was nothing to indicate that it would not be included when the Ordinance was
passed.
Mayor Murphy suggested a report be brought back to the Council with recommendations on a
resolution.
Mayor pro tern Alvarez stated Staff needs to communicate with the Planning Commission and
Design Review Committee and reestablish an understanding of what the Old Towne standards
are and what we're trying to achieve in Old Towne. He had suggested maybe a Study Session on
this issue to re-educate everyone on what the City is trying to achieve and more importantly,
what are the rules and regulations of the Design Standards that we're being asked to enforce.
Councilmember Coontz stated the City could lose the Historic District, the State designation and
the Federal designation. It is an option of elected people to contact the State and have them look
at a project if it is a sensitive project. She disagreed to a certain extent with a point in a memo
from the City Attorney about this issue, because she did call the State directly and was told that
they do respond to elected officials.
Mayor Murphy reiterated the need for clarification as well as making sure the information is
available. We need to make sure the City is current on what the Standards are and why. The
issue still remains though, in his opinion, that many of the guidelines are still interpretative in
nature. As long as the words bulk and mass are used instead of something that is measurable and
calculable, there will be many different interpretations and differences of opinion. Along with
incorporating Councilmember Coontz's ideas, the Council needs to determine what is acceptable
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CITY COUNCIL MINUTES
April 9, 2002
13. PUBLIC HEARINGS (Continued)
and what isn't. For example, if garages are an issue, then it needs to be made a requirement so
nobody spends time designing a building one way just to have it bounced around. The City
needs to make it easy for citizens so they know what they can do.
Councilmember Coontz stated if these issues are in an Ordinance, and tight enough and not
interpretative, then permit requirements need to be tied in, since there is no permitting attached
to the demands of the ordinance.
14.
PLANNING AND ENVIRONMENT
TAPE 1790
14.1 First Amendment to Attorney Services Agreement with the Law Firm of Livingston
& Mattesich.
SUMMARY: The City entered into an agreement with Livingston & Mattesich to provide legal
services in connection with an alleged violation ofthe City's Campaign Contribution Ordinance.
The proposed First Amendment will increase the not to exceed amount from $30,000 to $60,000.
This item was continued from March 26. 2002 Council meeting.
NOTE: This item was discussed prior to Item 13.1
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approve First Amendment to agreement with Livingston & Mattesich and authorize
Mayor and City Clerk to execute on behalf ofthe City.
15.
ADJOURNMENT
TAPE 3700
MOTION - Alvarez
SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
The City Council adjourned at 8:20 p.m. to an Adjourned Regular Meeting, Study Session, at
5:00 p.m. on April 16, 2002 in the Weimer Room to discuss Budget Revenues, Expenditures and
Fund Balances.
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CASSANDRA J. THCART, CMC
CITY CLERK
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