2/11/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON FEBRUARY 25, 2003
CITY COUNCIL MINUTES ORANGE, CALITORNIA
OF A REGULAR MEETING February 11, 2003
The City Council of the City of Orange, California convened on February 11, 2003 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman A venue, 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 Mayor Murphy
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation was presented to Anthony Nowak, Branch Manager for Wescom Credit
Union, as Central County ROP Business Leader of the Year 2003.
2. PUBLIC COMMENTS - None.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of February 11, 2003 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,
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.
PAGE 1
r
CITY COUNCIL MINUTES
February II, 2003
3. CONSENT CALENDAR (Continued)
3.2 Request Council Confirmation of warrant registers dated January 16, 23, 30, 2003.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting January 28, 2003.
ACTION:
Approved with corrections.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 First Amendment to Attorney Services Agreement with the Law Firm of Woodruff,
Spradlin and Smart for personnel legal services. (A2100.0 AGR-2886.V.A.l)
SUMMARY: The City entered into an agreement with Woodruff, Spradlin and Smart to
provide personnel legal services. The proposed First Amendment will increase the not to
exceed amount from $30,000 to $85,000.
ACTION: Approved and authorized the Mayor and City Clerk to execute the proposed
contract with Woodruff, Spradlin and Smart for a total sum of$85,000.
FISCAL IMPACT: Sufficient funds are available in Legal Services Account No. 100-
0301-426111.
3.6 Project No. 5324 - Award of Professional Services Agreement for Taft Avenue and
Glassell Street Storm Drain Improvements. (A2100.0 AGR-4216)
SUMMARY: This agreement authorizes the Consultant to provide field surveying,
geotechnical, and preparation of plans, specifications and cost estimate for the Taft
A venue and Glassell Street Storm Drain Improvements.
ACTION: Approved agreement with Kabbara Engineering in an amount not to exceed
$38,060.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in following accounts:
530-5011-483400-5324 $135,500 (Drainage District)
550-5011-483400-5324 $100.500 (OCSD Grant Funds)
Total $236,000
(REMOVED AND HEARD SEPARATELY)
3.7 Project No. 3023-Award of Professional Services Agreement for Chapman
AvenueIYorba Street Critical Intersection Widening. (A2100.0 AGR-4217)
PAGE 2
CITY COUNCIL MINUTES
February II, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: This agreement authorizes the Consultant to provide field surveying,
geotechnical and environmental investigation, right-of-way engineering, and preparation
of plans, specifications and cost estimate for the Chapman Avenue/Yorba Street Critical
Intersection Widening.
Discussion
Roy Shebazian, 3808 E. Palm, requested this intersection widening accommodate
bicyclists and pedestrians as much as possible.
Mary Dargatz, 2534 E. Burly, spoke on the problems with turning right onto Yorba from
Chapman.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved agreement with Thielmann Engineers in an amount not to exceed
$60,410.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in following accounts:
272-5011-483300-3023 $342,707.00 (Gas Tax 2105)
550-5011-483300-3023 $358.641.21 (Measure M/OCTA Agreement)
Total $701,348.21
(REMOVED AND HEARD SEPARATELY)
3.8 Arterial Highway Rehabilitation Program - Award of Consultant Services
Agreement to KFM Engineering, Inc. for the design of rehabilitation improvements
on Glassell Street from Walnut Avenue to Mayfair Avenue (SP-3426). (A2100.0
AGR-4218)
SUMMARY: The subject project was approved for funding under the Arterial Highway
Rehabilitation Program in May 2002. This contract authorizes the design consultant to
evaluate the pavement, recommend rehabilitation measures and prepare plans,
specifications and cost estimates for bidding.
Discussion
Roy Shebazian, 3808 E. Palm, requested this street construction project accommodate
bicyclists and pedestrians as much as possible.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE 3
CITY COUNCIL MINUTES
February II, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract in the amount of $44,953.00 to KFM Engineering, Inc.,
26672 Towne Center Drive #300, Foothill Ranch, CA 92610, and authorized the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following accounts:
262-5011-483300-3224
272-5011-483300-3224
550-5011-483300-3224
Total
$212,228.00
$122,960.00
$279.324.00
$614,512.00
Measure M Turnback
Gas Tax 2105
AHRP
APPROPRIATIONS
3.9 Appropriation of funds to pay $4,251.58 to the Metropolitan Water District of
Southern California for services rendered. (C2500.H)
SUMMARY: The Metropolitan Water District of Southern California invoiced the Fire
Department for the relocation of water pipe equipment to make room for Fire Station #8
(Cannon Street).
ACTION: Appropriated Fire Facilities AREA C funds as follows: 562-3021-427800-
2683 (Other Contractual services) - $4,252.00.
FISCAL IMP ACT: This project will be funded by Fire Facility Fee Area C. Currently
there is sufficient funding in this Fire Facility Fee Area.
BIDS
3.10 Project No. S.P. 3373; Grijalva Park Improvements (Volleyball and Basketball
Courts). Approval of plans and specifications, and request for authorization to
advertise for bids. (C2500.M.4.20)
SUMMARY: Plans and specifications have been completed for the Grijalva Park
Improvements Project. The project is ready to be advertised for bids. The estimated
construction cost is $94,900.00 including contingencies (20%), and construction
engineering (10%).
ACTION: Approved plans and specifications and authorized advertising for bids for the
Grijalva Park Improvements construction project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program, Account
No. 510-7021-485100-0149 Park Acquisition $299,777.49
3.11 Final Acceptance of Bid No. 012-32; Traffic Signal Improvements at Various
Locations and authorization to file Notice of Completion with the County Recorder.
(No staff report required.) (A2100.0 AGR-3983)
PAGE 4
CITY COUNCIL MINUTES
February 11, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Bid No. 012-32, Traffic Signal Improvements at Various Locations.
Contractor: Broadband Powering Services, Inc. Staff recommends acceptance of
improvements.
ACTION: Accepted public works improvement; authorized release of Western Surety
Company Bond No. 58599776 in the amount of $311,857.00, and authorized the Mayor
and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.12 CLAIMS
SUMMARY: The City Attorney recommends that the Orange City Council deny the
following Claim(s) for damages:
a. Betty Ferrell
b. Fabiola de la Cruz Pineda
c. Sharon Dernate
d. Raul Gonzalez
e. Larissa S. Hernandez thru her guardian Gina Orosco
f. Arturo Santamaria Pedraza
g. Rich Roggenkamp
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
CONTRACTS
3.13 Award of Contract - Bid No. 023-24; Project No. D-137; Orange County Sanitation
District (OCSD) Cooperative Project - Sacramento Street Storm Drain
Improvements east of the SR-55 Freeway between Katella Avenue and Garfield
Avenue. (A2100.0 AGR-4219)
SUMMARY: The bids were opened on January 14, 2003. Nine (9) bidders responded to
the invitation for bids. The apparent low bidder is Paulus Engineering, Inc. of Anaheim
for $104,220.00
ACTION: 1) Awarded the contract in the amount of $104,220.00 to Paulus Engineering,
Inc., and authorize the Mayor and City Clerk to execute on behalf ofthe City; and
2) Transferred $45,000.00 from Account No. 530-5011-483400-5106 (Misc. Storm Drain
Reconstruction) to Account No. 530-5011-483300-5340 (Sacramento Storm Drain) for
construction fund shortfall, contingencies, and construction engineering costs.
FISCAL IMPACT: Funds are budgeted and will be available upon completion of the
transfer in the following accounts:
530-5011-483300-5340 Drainage Districts
550-5011-483300-5340 OCSD Reimbursable
Total Funds
$ 80,000.00
$ 40.000.00
$120,000.00
PAGE 5
CITY COUNCIL MINUTES
February 11, 2003
3. CONSENT CALENDAR (Continued)
3.14 Contract Change Order No.2 to DRP Construction, Inc. for Seismic Strengthening
of the Water Division Pump House, Bid No. 001-20, W-596. (A2100.0 AGR-3701)
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: 1) Approved Contract Change Order No.2 in the amount of $57,597.57 to
DRP Construction, Inc. for additional work. 2) Approved transfer of $42,913.57 from
Water Capital Fund 601 Unappropriated Reserves into Account No. 601-8041-481200-
8211 Water Plan Seismic Retrofit.
FISCAL IMPACT: Upon approval of transfer sufficient funds will be available in the
Water Plant Seismic Retrofit Account No. 601-8041-48120-8211.
3.15 Final Acceptance of Bid No. 001-20; Seismic Strengthening of Water Division Pump
House and authorization to file Notice of Completion with the County Recorder.
(No staff report required.) (A2100.0 AGR-3701)
SUMMARY: Bid No. 001-20, W-596; Seismic strengthening of Water Division Pump
House. Contractor: DRP Construction, Inc. Staff recommends acceptance of
improvements.
ACTION: Accepted public works improvement, authorized release of Merchants
Bonding Company Bond No. CAC2338 in the amount of $369,760.00, and authorized the
Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
FEE WAIVER
3.16 Request for Senior Citizen's Center fee to be waived. (C2500.J.0.l)
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 Citizen's Center
and is further requesting that all rental fees be waived. This year's volunteer luncheon
event is planned for April 12, 2003 from 10:00 a.m. to 3:00 p.m. for 180 persons.
ACTION: Approved.
FISCAL IMPACT: The waiver of the rental fees for the Senior Citizen's Center would
result in the loss of $500 in revenue.
PAGE 6
CITY COUNCIL MINUTES
February 11, 2003
3. CONSENT CALENDAR (Continued
PARCEL MAP
3.17 Parcel Map No. 2002-162 - Request for approval. (C2500.M.16.2 PM 2002-162)
SUMMARY: Parcel Map No. 2002-162 creates three parcels to accommodate a new
medical office building.
ACTION: Approved the Final Parcel Map No. 2002-162, and accepted dedication for
street purposes of Culver Avenue and Batavia Street as shown on the Parcel Map.
FISCAL IMPACT: None.
PARK EQUIPMENT
(REMOVED AND HEARD SEPARATELY)
3.18 Removal of Play Equipment at Hart Park (C2500.M.4.9)
SUMMARY: The horizontal ladder and monkey bars at Hart Park, located south of the
new tot-lot play equipment, are non-compliant with Americans with Disabilities Act and
do not meet equipment standards. Staff has determined that the monkey bars cannot be
salvaged, and that the horizontal ladder can only be modified at an expense greater than
its play value by completely altering the character of the equipment. The Park Planning
and Development Commission, at its meeting on January 9,2003, recommended that the
two play structures be removed from public use.
Discussion
Councilmember Cavecche stated that although this action is necessary because of legal
and liability issues, for the record, expressed regret that this nostalgic equipment is being
removed and wished it could somehow be saved.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: With regrets, authorized staff to remove the play equipment (monkey bars
and horizontal ladder) from Hart Park.
FISCAL IMPACT: The City will not incur any cost for removal since City staff will do
the removal.
QUITCLAIM
3.19 Quitclaim of an Encroachment Permit located at the northwest corner of Chapman
Avenue and State College Boulevard. (D4000.0)
PAGE 7
CITY COUNCIL MINUTES
February 11, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Quitclaim the City's rights in an Encroachment Permit recorded in 1973 for
a retaining wall that no longer exists.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to F.H.A.
LP, a California Limited Partnership for an Encroachment Permit recorded October 23,
1973 for a retaining wall that no longer exists.
FISCAL IMPACT: There is no fee for this Quitclaim smce by the terms of the
Encroachment Permit the City is obligated to clear title.
RESOLUTIONS
3.20 RESOLUTION NO. 9700 (C2500.M.15)
A Resolution of the City Council of the City of Orange approving an application for
2003-04 grant funds from the Urban and Community Forestry Grant Program under
Proposition 12.
ACTION: Approved.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.7, 3.8 and 3.18 were removed and heard separately. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR MURPHY
TAPE 420
4.1 Confirmation and reappointment of City Council and Regional Committee
appointments; terms to expire November, 2004
Mayor Murphy provided a list of appointments to Council committees and asked for support for
these appointments.
Cities-Schools Coordinating Committee
Mayor Murphy/Councilmember Cavecche
Council Legislative Liaison Committee
Mayor Murphy/Mayor pro tem Alvarez
County Sanitation Districts of Orange County
Councilrnember Cavecche/Councilmember Ambriz (Alternate)
FoothilllEastern Transportation Corridor Joint Powers Authority
Mayor pro tem Alvarez! Mayor Murphy (Alternate, after Councilmember Coontz's
transition period)
PAGE 8
CITY COUNCIL MINUTES
February II, 2003
4. REPORTS FROM MAYOR MURPHY (Continued)
Growth Management Area Committees
Councilmember Coontz/Councilmember Ambriz
Joint Powers Fire Training Authority
Mayor Murphy
Orange County-City Hazardous Materials Emergency Response Authority
Councilmember Ambriz/Fire Chief Alternate
Orange County Vector Control District
Councilmember Cavecche
Orange Economic Development Partnership Advisory Committee (Ex-Officio Members)
Mayor Murphy - Second Councilmember attends in rotation
Orange Housing Development Corporation (Ex-Officio Members)
Mayor Murphy / Councilmember Coontz
Orange/Santa Ana-Joint Powers Authority Transportation System Improvement Authority
Councilrnember Coontz / Councilmember Ambriz (Alternate)
Santa Ana River Flood Protection Agency
Mayor pro tem Alvarez
Councilmember Coontz offered her assistance to the Councilrnember being appointed to the
FoothilVEastern Transportation Corridor Agency. Over the last eight years, she has served as the
City's representative to the TCA. During this time, she understood the importance of her role on
this Agency as it pertained to protecting and serving the Orange community. Through her
efforts, Orange has been successful in obtaining services that may have been overlooked, such as
the Community Outreach Program that was developed and carried out in Orange prior to the
opening of the Eastern Transportation Corridor. Of all the cities along the ETC, only Orange
residents were provided community informational meetings by the Agency. Further, the Agency
was also asked to set up mitigation measures to help alleviate any traffic problems, should they
arise, during the first month the ETC was open. As a TCA Board member, she took her role very
seriously and served on numerous sub-committees and has been active in the current Agency
consolidation. The Transportation Corridor Agency has come a long way and has been an
interesting and challenging assignment for her and personally rewarding.
Councilmember Coontz stated that during her term on the TCA, she represented the City first as
Mayor and then as a Councilrnember. It is interesting to note that Orange has always understood
the importance of the TCA by having the direct representative be the Mayor. Five of Orange's
Mayors have served on the TCA. She asked Mayor Murphy to consider serving on the TCA
either as a member or an alternate due to the important role transportation plays not only in
Orange, but County wide.
Councilmember Coontz stated she really did not want to be the alternate on the TCA and thought
it would be very important for the Mayor to be the direct representative to follow the importance
of this issue through all the many years that the Mayors have served, noting how the City feels
about the Transportation Corridor Agency, since the TCA affects the City of Orange at this time
more than any other agency.
PAGE 9
CITY COUNCIL MINUTES
February II, 2003
4. REPORTS FROM MAYOR MURPHY (Continued)
Mayor Murphy thanked Councilmember Coontz for her service on the TCA, as Orange has been
well represented. He also appreciated Councilmember Coontz' offer to help Mayor pro tem
Alvarez as the new proposed appointee. Mayor Murphy suggested that once Councilmember
Coontz completes the transition with Mayor pro tem Alvarez, Mayor Murphy would replace
Councilmember Coontz as the alternate.
Mayor pro tem Alvarez stated he would like to attend the February meeting of the Orange
County Sanitation District to tie up some loose ends.
Mayor Murphy suggested current Council representatives assist in any transitions necessary for
these committees.
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve the Council Committee appointments as listed; terms to expire November
2004.
4.2
Election of Mayor pro tem
TAPE 580
Mayor Murphy made a motion to nominate Carolyn Cavecche as Mayor pro tem and it was
seconded by Mayor pro tem Alvarez.
Mayor pro tem Alvarez thanked the Mayor and Council for the opportunity to serve as Mayor
pro tem for the previous two years, but agreed it was time to make a change, and supported the
nomination of Carolyn Cavecche as Mayor pro tem.
Councilmember Coontz nominated Councilmember Ambriz as Mayor pro tem. She stated
Councilmember Ambriz is energetic and serves on various non profit organizations in the
community. He works hard to better the quality of life for all of Orange residents and is known
as a caring and compassionate person. He is consistently willing to help a needy cause. He is
well respected in his professional position with the County of Orange, having worked two years
directly for former County Supervisor Todd Spitzer. In addition, he worked for CHOC and the
City of Orange. Steve is a contagious enthusiast; and his energy and enthusiasm would be an
asset ifhe served as Mayor pro tem.
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Cavecche
NOES - Ambriz, Coontz
Moved to elect Carolyn Cavecche as Mayor pro tem.
PAGE 10
CITY COUNCIL MINUTES
February II, 2003
5. REPORTS FROM COUNCILMEMBERS
Off Agenda Item
Councilmember Coontz stated she has always been a library supporter. With the recent
rededication of the Taft Library, she was reminded that 30 years ago, she was at the Taft Library
dedication because she worked to get signatures to ask the Council for the Taft Branch Library
which was the first branch library. The City of Orange is very fortunate to have been awarded
over $9 million of the State Library Bond fund to help with the expansion of the Main Library.
This is great news, but the City also needs to raise about $4 million in matching funds. The
City's Library Foundation is doing a great job. When she was Mayor, Councilmember Coontz
took several early steps to help make this project a reality. For one, she made certain the City
purchased the former Bank of America site which will be used as part of the Library expansion.
Further, she made sure that the City made a financial commitment during the budget process to
earmark $500,000 to $2.5 million each year for the Main Library expansion. Therefore, during
her next two years in office, she will devote a major portion of her time to help raise the $4
million needed for the expansion and looks forward to becoming a huge friend and supporter of
the Library Foundation. She has already talked with people involved in the Foundation, and they
are very pleased with this effort.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 755
6.1 Accept resignation of Mark Paone from the Design Review Committee, letter dated
February 2, 2003. (ORI800.0.8.1)
Councilmember Alvarez asked that Mark Paone be recognized with a Proclamation for his work
on the Design Review Committee. Councilrnember Alvarez also suggested the Council now turn
its priorities to filling vacancies on other committees and also review the City Traffic
Commission membership.
Councilrnember Coontz agreed vacancies on other boards, committees and commissions need to
be filled and asked that the entire Council be given the opportunity to interview those interested
in committee membership.
Councilmember Ambriz asked for clarification on committee appointments, noting it was
important for each Councilmember to have their own representative on various committees.
Mayor Murphy noted the Mayor makes recommendations for committee appointments and those
appointments are then confirmed by the Council. Also, historically, the Mayor has allowed each
of the Councilmembers to make a recommendation for the Planning Commission. He noted the
real challenge is finding citizens who have a desire to serve and the skills to do so. He welcomed
ideas for committee appointees.
Mayor pro tem Cavecche noted there are requirements in place for how the appointments are
made.
PAGE 11
T.....----
CITY COUNCIL MINUTES
February 11, 2003
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to accept Mr. Paone's resignation, with regrets, and instruct the City Clerk to begin
Maddy Act proceedings.
7.
ADMINISTRATIVE REPORTS
TAPE 980
7.1 Report from City Attorney regarding Hanson Aggregates West. (A4000.0)
The City Attorney provided a report, indicating Hanson has met with surrounding residents and
formed a Good Neighbor Action Plan; the City Attorney's Office has sent a letter to Hanson
Aggregates of those regulations to which the City believes Hanson must conform its operations;
and Code Enforcement has visited the site to determine whether Hanson was operating in
accordance with the regulations set forth in the letter from the City Attorney's Office.
Unfortunately, Hanson Aggregates was not operating during the Code Enforcement visits and, in
fact, the rock crushing apparatus was not there as it is a mobile unit.
The City Attorney stated letters have been received from Hanson and the State and the City
Attorney's Office will continue to study these issues. Code Enforcement will also continue to
visit the site and look at the rock crushing apparatus when it returns to the site. He will continue
to update the Council on any events at the property.
Councilmember Coontz asked about the recent letter from Hanson Aggregates and if it
corroborates the report from the City Attorney.
The City Attorney replied the Hanson letter states Hanson is in general agreement with the
regulations that need to be complied with and outlines how they are complying with those
regulations.
Councilmember Alvarez stated he wanted to know what Code Enforcement found on the
property and was not interested in Hanson's version of what was being done. He stated the
report was deficient and wanted specifics on when this will be resolved. Even without the
mobile apparatus at the site at the present time, there were still other issues Code Enforcement
could investigate.
Councilmember Coontz wanted to ensure that if the report was received and filed, the letter from
Hanson Aggregates was not included in that action.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE 12
CITY COUNCIL MINUTES
February 11, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Moved to receive and file the report and direct staff to continue its review along with Code
Enforcement as well as prepare a more specific response to the letter, and bring this back to the
Council at the February 25th Council meeting.
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 1365
9.1 ORDINANCE NO. 1-03 (SECOND READING) (A2100.0 AGR-0281.15)
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 2.7% @ 55 Retirement Program for the City's Miscellaneous Employees.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 1-03 be read by title only and same was approved and adopted by the
preceding vote.
9.2 ORDINANCE NO.2-OJ (SECOND 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 - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 2-03 be read by title only and same was approved and adopted by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :25 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8:
Property: 125-145 and 164-180 S. Water Street, Orange, CA
Negotiating Parties: City of Orange and Orange County Fire Authority
Under Negotiation: Price and terms of payment
PAGE 13
CITY COUNCIL MINUTES
February 11, 2003
11. RECESS TO CLOSED SESSION (Continued)
b. Conference with Labor Negotiators pursuant to Government Code Section 54957.6. City's
Negotiator: Steven Pham Employee Organization: All bargaining and non-represented groups.
c. Public Employee Performance Evaluation pursuant to Government Code Section 54957:
Title: City Attorney
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
Dorthy Stewart, address on file, representing Keep Orange Clean, asked for enforcement of
existing RV parking codes; and submitted photos ofRV parking problems.
Brian Lochrie, 360 N. Pine, spoke on the proposed sale of the YWCA property and asked the
City to consider purchasing the property.
13.
PUBLIC HEARINGS
TAPE 1700
13.1 TENTATIVE TRACT MAP 16332, CONDITIONAL USE PERMIT 2420-02,
MINOR SITE PLAN REVIEW 233-02 - FIELDSTONE COMMUNITIES, INC. (T4000.0
TTM 16332)
Time set for public hearing to consider a request for a tentative tract map to subdivide a 5.7
acre site and allow for the development of approximately 3 acres with 24 single family
residences; to consider a request for a conditional use permit to create a PUD (Planned Unit
Development); and to consider a request for a minor site plan review to create lots without
direct access to a public street.
The project is located at the southeast corner of Heim Avenue and Canal Street and is zoned R-2-
6 (Residential, Duplex, minimum lot size 6,000 square feet), with a General Plan land use
designation of Low-Medium Density Residential.
Note: The environmental impacts of the proposal have been reviewed per approved Negative
Declaration No. 1560-99.
Discussion
The Community Development Director provided the report. There was a development originally
approved for this site several years ago with 49 units. This new development of 24 units is on a
portion of the property.
PAGE 14
CITY COUNCIL MINUTES
February II, 2003
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Cavecche asked that a condition be included to require the developer to provide a
buyer notification statement that the property is close to Tustin Street, which is a truck route, and
also adjacent to the Mall of Orange where trucks are delivering to Wal Mart throughout the
night.
Councilmember Coontz asked about the vacant property to the west and the trees along that
property line. Concern was expressed about the upkeep of the perimeter of the property, and
asked that a condition be included about the upkeep of the trees around the perimeter of the
property.
Councilmember Alvarez asked about visitor parking and the size of the private street.
The Community Development Director stated the development does meet the City parking
standards - each unit is required to have a two car garage with a driveway to accommodate two
cars, with 10 visitor parking spots along the street. Visitor parking will be in those ten street
parking areas or on driveways. The width of the private street does meet the 36 foot street
standard, which is the same as a public street; however, the right-of-way is different.
MAYOR MURPHY OPENED THE PUBLIC HEARING
David Greminger, Project Manager, provided a presentation on the project, reviewing parking,
landscaping and architectural styles. He stated the applicant understands the additional proposed
conditions and is agreeable to them.
Councilmember Alvarez asked about the entry to the development and parking along Heim
Avenue.
Mr. Greminger stated the entry will be enhanced with wall detailing, signage and embellishment
oflandscaping; and parking will be available along the north side ofHeim.
Mayor pro tem Cavecche asked about the landscaping on the south side of the property, and if
the applicant was willing to install double pane windows, additional trees along the Mall side of
the property and enhanced architectural details on the houses.
Mr. Greminger stated it was impossible to determine what the Mall would or would not allow
them to do with landscaping along the Mall side of the property, but they would discuss it with
the Mall management; and the property owners would be responsible for landscaping their own
property along this side. There is a mitigation measure to include enhanced windows and doors
in specified properties and he reviewed the varied architectural details of the units.
Councilmember Ambriz asked about the sidewalks being only on the south side of the street;
water runoff; and future plans for the property to the west.
PAGE 15
I
CITY COUNCIL MINUTES
February 11, 2003
13. PUBLIC HEARINGS (Continued)
Mr. Greminger stated the sidewalks address pedestrian access and it was determined they were
not needed on both sides of the street; there will be catch basins at the end of the property with
an underground storm drain; and he was not aware of any plans for the property to the west.
The Community Development Director stated there were limits to the use of the property to the
west because of its R-2 zoning.
Mayor Murphy asked about the length of the driveways, specifically on Lots 21 and 22. .
The Community Development Director stated the driveways are 20 feet with a five foot setback.
Mr. Terry Sherry, 6319 E. Abbeywood, St. Paul's congregation president, spoke in favor of the
project.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments
Councilmember Coontz stated this property has been vacant for many years, and this is the first
project which addresses the concerns of the neighborhood, with great detail and style, and will be
a positive addition to the neighborhood and the community. She also appreciated the applicant's
willingness to accept the comments from the Council.
Councilmember Alvarez agreed it is an excellent project and commended the Design Review
Committee for their work on this project.
Mayor pro tem Cavecche complimented the project and the presentation; and wanted to ensure
conditions were included about noise mitigation measures and the disclosure statements about
the truck traffic.
Council Action
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Tentative Tract Map 16332, Conditional Use Permit 2420-02 and Minor Site
Plan Review 233-02 as outlined in Planning Commission Resolution No. PC 07-03 with the
added conditions that the perimeter landscaping to the west along the outside of the project be
addressed, specifically for continual upkeep in the Homeowners Association; and to require the
developer to provide a buyer notification statement that the property is close to Tustin Street,
which is a truck route, and also adjacent to the Mall of Orange where trucks are delivering to
Wal Mart throughout the night; and add double pane windows to mitigate noise.
PAGE 16
CITY COUNCIL MINUTES
February 11, 2003
13.
PUBLIC HEARINGS (Continued)
TAPE 3230
13.2 TENTATIVE TRACT MAP 16443 - GUTHRIE DEVELOPMENT COMPANY
(T4000.0 TTM 16443)
Time set for public hearing to consider a request for a tentative tract map for condominium
purposes to allow the individual sale of tenant spaces within a multi-tenant industrial building.
The project is located at 604 through 648 N. Eckhoff Street, and is zoned M-I (Light Industrial)
with a General Plan land use designation of! (Industrial).
Note: This project is categorically exempt form the provisions of the California Environmental
Quality Act (CEQA) per CEQA Guidelines Section 15305 et seq.
The Community Development Director provided a report. This is a proposal to subdivide an
existing multi-tenant industrial building to sell individual units. In response to Council
questions, she stated that given the standards the project was originally built to, the project does
meet all current standards. There will also be no structural changes to the proj ect.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Mr. John O'Brien, Guthrie Development, reviewed the project, stating they are proposing this
because of the need for small industrial buildings and because of real estate prices. It was
originally built in 1977.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to find that this project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 et seq.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Tentative Tract Map 16443 as outlined in Planning Commission Resolution
No. PC 05-03.
TAPE 3500
13.3 GENERAL PLAN AMENDMENT NO. 2002-0002, ZONE CHANGE NO. 1214-02,
CONDITIONAL USE PERMIT NO. 2428-02, MAJOR SITE PLAN REVIEW NO. 259-02,
MITIGATED NEGATIVE DECLARATION NO. 1704-02 - ORANGE HOUSING
DEVELOPMENT CORPORATION (CITRUS COMMUNITY APARTMENTS)
(C2300.E. GPA 2002-0002)
Time set for public hearing to consider a request for construction of a 29-unit multi-family
affordable housing development, on 1.45 acres, to provide housing for low and very low income
PAGEl?
CITY COUNCIL MINUTES
February 11, 2003
13. PUBLIC HEARINGS (Continued)
residents, upon property located at the northwest corner of West Chapman Avenue and Citrus
Street (1103 W. Chapman Avenue).
General Plan Amendment No. 2002-0002 to change the existing land use designation from
General Commercial (GC) to Low Medium density Residential (LMDR);
Zone Change No. 1214-02 to change the existing zoning from General Business (C-2) to Multi
Family Residential (R-3);
Conditional Use Permit No. 2428-02 to allow the density bonus under the R-3 zoning category
as well as additional development incentives;
Major Site Plan Review No. 259-02 to allow development of more than 6 residential units on
one parcel ofland;
Mitigated Negative Declaration No. 1704-02 has been prepared for this project in accordance
with the provisions of the California Environmental Quality Act per State CEQA Guidelines
Section 15070 et seq.
Discussion
Councilmember Alvarez stated because he owns property at 147 S. Lime, he had asked the City
Attorney to investigate any potential financial impact to the company he works for. He did this
to make a reasonable inquiry into whether there is a conflict of interest rule. The City Attorney's
office ordered an appraisal of the property on Lime Street, looking at any potential financial
impact. In looking at the appraisal and in discussions with the City Attorney, he stated that,
regrettably, he needed to step down due to the conflict of interest.
The City Attorney explained that City Councilmembers are under an obligation to vote unless
there is a legal reason why they can not. Under conflict of interest rules adopted by the
California Fair Political Practices Commission, if a Councilmember has a financial interest in a
property that is within 500 feet of a project, if that project will have any financial impact, either
positive or negative, that Councilmember is required to conflict out and abstain from the
decision.
Councilrnember Alvarez stated that, regrettably, as much as he wants to support the
neighborhood that's at the meeting tonight, he had to step down and protect the integrity of the
office in terms of conflict of interest; and left the dais.
Staff Reoort
The Community Development Director reviewed the various applications for this project. She
stated West Chapman is an area that was reviewed for the possibility of integrating some
residential along that street. The Housing Element also talks about the West Chapman area and
about opportunities to look for segments along Chapman where it may be appropriate to either
do mixed use or residential development in response to the need to provide more low income
housing.
PAGE 18
CITY COUNCIL MINUTES
February 11, 2003
13. PUBLIC HEARINGS (Continued)
The Community Development Director explained a density bonus can be granted for affordable
housing projects which would allow for an additional seven units on this project than would
normally be allowed under the Low Medium Density Residential land use designation; and for a
waiver of the amount of covered parking spaces. The Community Development Director also
reviewed a letter received from an attorney representing a nearby resident, which outlined
concerns including density, parking and traffic, lighting, landscaping, safety and school impacts.
The Economic Development Director reported the Redevelopment Agency would like to
contract with the Orange Housing Development Corporation to use housing set aside funds to
build these 29 units. State mandates that the Redevelopment Agency spend 20% of all property
tax increments received on affordable housing.
The Economic Development Director stated in 1999, West Chapman was designated as a site for
multi family housing and a plan was created to upgrade West Chapman. This property became
available and the proposed plan contains many improvements which are needed along West
Chapman and also provides a good buffer for the surrounding residential neighborhood.
The Economic Development Director stated the Agency is required to spend money in
proportion of where the need is. To date, the Agency has assisted with over 200 new units for
seniors and only 12 units for families, and more money needs to be used for family units. She
cited examples of other OHDC projects which are managed well and how these projects provide
incentives for all parties to be good renters. There is little turnover in affordable housing units
and the rents will range from approximately $850 to $980. She then reviewed a map of low
income housing units throughout City.
Mr. Eunice Bobert, Chief Executive Officer, OHDC, stated OHDC is a non profit affordable
housing developer whose sole purpose is to provide quality affordable housing. To date, OHDC
owns approximately 1,000 units in about 24 properties throughout Southern California and is
dedicated to providing quality construction and maintaining the units throughout the life of the
project.
Bob Mickelson Planning Consultant, OHDC, stated OHDC will cooperate with neighbors
throughout the process and in response to questions from Mayor pro tem Cavecche, stated there
will be a block wall on every side ofthe project adjoining neighbors.
MAYOR MURPHY OPENED THE PUBLIC HEARING
TAPE 5060
Melissa Smith, Orange Unified School District, 491 Westridge Circle, Anaheim, stated they have
projected 20 students for this project, but it will probably be more, and was concerned about the
cumulative effect of high density projects which take a toll on the school district.
John Ortega, Orange Unified School District, 274 S. Citrus, spoke on the impact to the local
schools, suggesting a compromise to include a provision for affordable housing in other
upcoming residential projects.
PAGE 19
CITY COUNCIL MINUTES
February 11, 2003
13. PUBLIC HEARINGS (Continued)
In response to questions by Councilmember Ambriz, it was noted that current student enrollment
at Sycamore Elementary is 885, West Orange Elementary is 520 and Lampson and Taft
Elementary are both over 900. TAPE 5560
The following people spoke in favor of the proposed project. Their comments included:
OHDC, which is a non profit agency, has a solid track record of well built and managed
apartment units; there is a state mandate to provide low income housing; tenants go through a
strict screening process; and an after school program for children and will be made a part of this
project.
. Bill Utter, 806 N. Batavia
. Judy Reynolds, Fairmont Way
. Ernestine Ransom, 2608 Park Lake, Santa Ana
. Isabel Crist, 2819 E. Walnut
. Janice Mickelson, address on file
. Robert Torres, 4525 Agua Way
. Fred Barrera, 2724 E. Lakeside, property owner at the corner of Chapman and Batavia.
The following people spoke in opposition to the proposed project. Their comments included:
Chapman Avenue is too busy a street for a residential project; this is not compatible with
surrounding neighborhood; density is too high; residential is not a proper use for this property;
negative affect on property values for surrounding neighborhood; no place for children to play;
already too many apartments in West Orange; those in favor of project do not live in the
neighborhood; good project but bad location; not safe for children; impact to schools; and the
Planning Commission decision was rushed.
. Tony Esquivel, 175 N. Citrus
. Mary St. Marseilles, 1060 W. Arbor Way, Council received a letter from her attorney
. Felix Ybarra and Margaret Ybarra, 279 N. Lime
. Lorraine Gonzales Gallagher and Bill Gallagher, 182 N. Lester
. Cindy Baker, 1051 Arbor Way - submitted petition approx 250 signatures in opposition
. John Baker, 1051 Arbor Way
. Joy L. Les, 1016 W. Arbor Way
. Wallace Robert Preston, 192 N. Lester Dr.
. Yolanda Esquivel, 175 N. Citrus
. Eddie Albright, 642 N. Glenrose TAPE TWO
. Larry Crawford, 1033 W. Arbor Way
. Laura Pacholl, 335 S. Glassell
. Wendy Pacholl-Witt, 238 N. Jewell PI.
. Pat Goodsell, 139 N. Lester PI.
. Tyler Harmon, 1136 W. Palm Ave.
. Bill and Pat Norman, 191 Jewell PI.
. Jill Casperite, address on file
PAGE 20
CITY COUNCIL MINUTES
February II, 2003
13. PUBLIC HEARINGS (Continued)
. Tom Wills, 1052 Arbor Way
. Kenneth Worden, 1142 W. Acacia
· Kimberly Bottomley, 1005 W. Arbor Way - submitted pictures of 178 multi-family
apartment projects west of the 55 Freeway
. Janet Schmidt, 1033 W. Arbor Way
The Council recessed at 10:01 p.m. and reconvened at 10:16 p.m.
. Lois Barke, 2022 W. Spruce
. Deann Pancheri, address on file,
. Travis Salem, address on file
. Vern Liermann, 1041 Arbor Way
. Scott Bottomley, 1005 Arbor Way
. Gene White, address on file,
. Diana Smith, 174 N. Jewell PI.
. Frank Block, 191 N. Citrus St.
. Donice Oden, 173 S. Lime St.
. Maryann Cozzell, 1218 W. Sycamore Ave.
. Jeanette Boyd, 1905 W. Beverly Dr.
. Jerry Mayes, 1042 W. Arbor Way
. Ani Allen, address on file
. David Kent, 1111 W. Almond
Mayor Murphy suggested this item be continued because it was getting late and there were still
numerous people who wished to speak on this item.
The City Attorney stated if the public hearing is continued, the public comments can be limited
to those who have already submitted cards to speak at this meeting.
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Cavecche
NOES - Coontz
ABSENT - Alvarez
Moved to continue the public hearing to February 25, 2003 at 7:00 p.m., to be the second item
under public hearings.
Councilrnember Coontz noted concern because the Councilmembers were not able to express
some of the issues they would like to discuss if it is going to be continued.
PAGE 21
CITY COUNCIL MINUTES
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Coontz
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
The City Council adjourned at II: I 0 p.m.
t!tu~a,f~A'~
CASSANDRA ATHCART, CMC
CITY CLERK
February 11, 2003
!!t16:J:!i/
MAYOR
PAGE 22