4/22/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY 13, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 22, 2003
The City Council of the City of Orange, California convened on April 22, 2003 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
I.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Service Awards:
Doug Kokesh - Public Works; Earlene Shackelford - Community Development; John
Thompson - Public Works (not present); John Jordan - Fire,
Proclamation declaring the City of Orange as a Relay for Life Community and declaring
May 2, 2003 as Orange Becomes Purple Day - was presented to Marsha Zembower
representing the American Cancer Society. Councilmember Ambriz, co-chair with Ms,
Zembower announced the Relay for Life will be held May 2 and 3 at Santiago Canyon
College to raise funds for the American Cancer Society.
2. PUBLIC COMMENTS - None.
3.
CONSENT CALENDAR
TAPE 310
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 Conncil
agenda of a regular meeting of April 22, 2003 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,
PAGE 1
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CITY COUNCIL MINUTES
April 22, 2003
3. CONSENT CALENDAR (Continued)
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 April 3 and 10, 2003.
ACTION:
Approved,
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting April 8,
2003 at 3:30 p.m., Regular Meeting April 8, 2003, and Adjourned Regular Meeting
April 15, 2003.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report for the period ending March 31, 2003.
ACTION:
Received and Filed,
AGREEMENTS
3.6 Award of Professional Engineering Services Contract in connection with Orange
County Sanitation District (OCSD) Cooperative Projects with City of Orange for
Whitecap Avenue Storm Drain Improvements (D-147). (A2100.0 AGR-4262)
SUMMARY: The contract authorizes the Consultant to provide field surveying,
geotechnical investigation, engineering reports, and preparation of plans, specification
and cost estimates for the OCSD Cooperative Projects with the City of Orange for storm
drain improvements. The City has entered into a separate agreement with the same
consultant, which will exceed the $30,000,00 threshold for agreements in a fiscal year.
ACTION: Approved a contract with Truxaw and Associates in an amount not to exceed
$22,190.00 and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
530-5011-483400-5337
550-5011-483400-5337
Drainage Districts
Reimbursable OCSD
Total Funds
$171,600,00
$132.000.00
$303,600.00
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CITY COUNCIL MINUTES
April 22, 2003
3. CONSENT CALENDAR (Continued)
3.7 Award of Professional Engineering Services Agreement for Community
Development Block Grant (CDBG) Projects - Shaffer Street Storm Drain
Improvements Phase II from Culver Avenue to Palmyra Avenue (D-148), and
Shaffer Street Storm Drain Improvements Phase III from Palmyra Avenue to
Almond Avenue (D-149). (A2100.0 AGR-3923.A)
SUMMARY: This agreement authorizes the Consultant to provide field surveying,
geotechnical investigation, engineering reports, and preparation of plans, specifications
and cost estimates for the CDBG Shaffer Street Phase II and Phase III Storm Drain
Improvement Projects. The two projects are being combined into one design project for
economies of scale, The City has entered into a separate agreement with the same
Consultant, which will exceed the $30,000,00 threshold for agreements in a fiscal year.
ACTION: Approved an agreement with Thielmann Engineers in an amount not to exceed
$25,780.00 and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts:
310-9645-483400-5380
310-9645-483400-5326
$349,000
$349,000
CDBG Shaffer Storm Drain Phase 2
CDBG Shaffer Storm Drain Phase 3
3.8 Agreement with Caporicci and Larson, Certified Public Accountants, to perform
the annual financial audit of the City and Redevelopment Agency. (A2100.0 AGR-
4263)
SUMMARY: A Request for Proposal (RFP) was issued for audit services, A panel
which included 3 Audit Committee Members, the Finance Director, Assistant Finance
Director and Internal Audit Manager reviewed the proposals and interviewed the top 4
candidates. As a result of the interviews and reference checks, the panel unanimously
agreed that Caporicci and Larson, Certified Public Accountants was the top candidate.
ACTION: Approved, and authorized the Mayor and City Clerk to execute the agreement
with Caporicci and Larson, Certified Public Accountants, to perform the annual audit of
the financial statements of the City and Redevelopment Agency for fiscal years 2002-03
thru 2004-05. The agreement also includes an option to extend the agreement for two
additional terms of one year each,
FISCAL IMP ACT: The costs for these audit services are as follows:
FY 2002-03
FY 2003-04
FY 2004-05
FY 2005-06
FY 2006-07
$35,800
$38,350
$40,575
$44,600
$47,000
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CITY COUNCIL MINUTES
April 22, 2003
3. CONSENT CALENDAR (Continued)
Funds for the annual financial audit are included in the 2003-04 annual operating budget
of various funds in Account No. 426300 (accounting and auditing services), Funds for
subsequent fiscal year audits will be included in those respective years' annual operating
budget.
3.9 Second Amendment LA Consulting, Inc. for Maintenance Management System.
(A2100.0 AGR-3564.2)
SUMMARY: The City currently utilizes the services of LA Consulting for the purpose
of implementing a Maintenance Management System (MMS) for the Public Works and
Community Services Departments, Initial services included an evaluation of current
operations, assistance with the purchase of MMS software and first year implementation,
At this time, staff is requesting to utilize LA Consulting for the first annual system
review, an update of infrastructure inventory and service level review.
Note: Mayor Murphy abstained on this item due to a possible employment conflict of
interest.
ACTION: Approved the Second Amendment to the Consultant Services Agreement with
LA Consulting, Inc. in the amount of $12,360.00 and authorized the Mayor and City
Clerk to execute amendment on behalf of the City.
FISCAL IMPACT: Funds in the amount of $12,360.00 are available in account numbers
220-5022-426700-0000 ($8,360) and 100-5011-426700-0000 ($4,000) for professional
services.
3.10 CLAIMS
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Philip R. Bollman
b. Friendly Donuts
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
CONTRACTS
3.11 Award of Contract, Bid No. 023-18, Asphalt Replacement at Fire Station No.2.
(A2100.0 AGR-4264)
SUMMARY: Plans and Specifications have been completed for Asphalt Replacement at
Fire Station No.2. The project was advertised for bids. Six bids have been received and
opened on March 27,2003, Hardy and Harper, Inc. is the lowest responsible bidder.
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CITY COUNCIL MINUTES
April 22, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Awarded the contract in the amount of $58,884.00 to Hardy & Harper, Inc.
1312 E, Warner Avenue, Santa Ana, CA 92705 and authorized the Mayor and the City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program for the
Water Division and are available in the following accounts:
601-8011-485100-8911 $55,025.00 Pavement Replacement-Wanda Collins
601-5021-481105-4997 $ 3,859.00 Municipal Parking Lot Maintenance
3.12 Award of Contract - Bid No. 023-21; Project No. D-142; Community Development
Block Grant (CDBG) - Shaffer Street Storm Drain Improvements Phase I from
Santiago Creek to Culver Avenue. (A21000.0 AGR-4265)
SUMMARY: The bids were opened on March 27, 2003. Twelve (12) bidders responded
to the invitation for bids. The apparent low bidder is K.C. Construction Company of
Dana Point, for $379,950.00.
ACTION: I) Appropriated $165,000.00 of unexpended CDBG entitlement funds from
Fund 310 to Account No. 310-9645-483400-5379 (Shaffer Street Storm Drain Phase I)
for project funds shortfall including contingencies and engineering costs, 2) Awarded the
contract in the amount of $379,950.00 to K.C. Construction Company of Dana Point, CA
92624, and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and will be available upon appropriation in the
following account:
310-9645-483400-5379 $ 469,000.00 CDBG Shaffer Storm Drain Phase I
QUITCLAIM
3.13 Quitclaim a portion of an easement for water pipeline and road purposes near
Cannon Street and Mesa Drive. (D4000.0)
SUMMARY: Quitclaim a portion of an old water pipeline and road easement located
near the northwest comer of Cannon Street and Mesa Drive.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Brian
Tran and Traci Tran, husband and wife, for a water pipeline and road easement that is no
longer used or required, near the northwest comer of Cannon Street and Mesa Drive.
FISCAL IMP ACT: A $302,00 processing fee has been paid by the property owner and
will be deposited into Account No. 100-5011-279600.
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CITY COUNCIL MINUTES
April 22, 2003
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 9691 (S4000.S.4)
A Resolution of the City Council of the City of Orange authorizing the Disposition,
Acquisition and Abandonment of Street Right-of-Way without making General Plan
Consistency Findings,
ACTION: Approved,
3.15 Voting Delegate - League of California Cities
SUMMARY: Designate Mayor pro tern Cavecche as the City of Orange's Voting
Delegate at the Special Meeting of the League of California Cities General Assembly on
May 15, 2003, concerning the State Budget and State-Local Fiscal Reform.
ACTION: Approved designation of Mayor pro tern Cavecche as the City's Voting
Delegate.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Mayor Murphy abstained on Item 3,9 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
TAPE 325
5.1 Councilmember Coontz - Resolution No. 9726 showing our support for the brave
men and women throughout our nation who are serving in the armed forces and especially
from our City family and local community. (C2500.D)
Councilmember Coontz read the following Resolution No. 9726, which she proposed, stating it
was appropriate for the City to acknowledge support for military personneL
WHEREAS, the President of the United States has deployed men and women of the Armed
Forces who live or work in the County and City of Orange to participate in the ongoing battle
against terrorism and threats to our country; and
WHEREAS, approximately 8 employees in the City of Orange are enlisted in the military
reserves and can and have been called upon to serve in the military; and
WHEREAS, the men and women of the Armed Forces are dedicated to defending our freedom
with their personal sacrifices in order for citizens to enjoy the freedoms so often taken for
granted; and
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CITY COUNCIL MINUTES
April 22, 2003
5. REPORTS FROM COUNCILMEMBERS (Continued)
WHEREAS, through this Resolution, the City Council wishes to acknowledge all our men and
women in the Armed Forces and especially those from our local community and extend our
gratitude and offer our support to their loved ones.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orange
supports and appreciates the brave men and women of our community and throughout the nation
who are serving in the Armed Forces and wish them a successful completion oftheir mission and
a safe return home.
RESOLUTION NO. 9726
A Resolution of the City Council of the City of Orange in support of our Military Personnel.
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No, 9726.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Annual Report from Audit Committee Chairman. (OR1800.0.27.17)
David Sundstrom, Audit Committee Chairman reviewed the annual report, highlighting the
Committee accomplishments for the past year.
MOTION - Ambriz
SECOND - Coontz
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and filed.
7.
ADMINISTRATIVE REPORTS
TAPE 550
7.1 Report from the Finance Director updating City Service fees and revising the
Master Schedule of Fees and Charges. (C2500.J.1.1)
The Finance Director reviewed the highlights of the proposed Master Schedule of Fees, noting
these fees reflect actual costs for providing services. She reviewed proposed new fees, indicating
Orange is in line with other neighboring cities. She also indicated the BIA and the Chamber of
Commerce have reviewed the fees. She recognized Victoria BeatIey, InvestmentlRevenue
Officer, for an outstanding job in coordinating this project.
Councilmember Coontz asked that information be provided at the Community Development
counter on what items are supposed to be included in calculating Planning and Building fees, so
citizens are not overcharged.
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CITY COUNCIL MINUTES
April 22, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Alvarez commended the Finance Department on an excellent report, stating he
was glad to see the City looking at this from a business approach.
Mayor pro tern Cavecche suggested that in the future, the City look at possible fees for repeat
visits by the Police Department to residences.
RESOLUTION NO. 9722
A Resolution of the City Council of the City of Orange amending and revising the Master
Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
1) Adopted Resolution No, 9722; and 2) Directed the City Attorney to amend all necessary
Orange Municipal Code provisions that are affected by adoption of this resolution.
8. REPORTS FROM CITY MANAGER
8.1 Presentation of the Second Quarter 2002-03 Budget Report which includes the
period July 1, 2002 through December 31, 2002. (C2500.E.4)
SUMMARY: This Second Quarter Report is intended to inform the City Council of
departmental performance for the quarter, including progress toward the achievement of
departmental goals and completion of major capital improvement projects. The report also
summarizes the results of the City's financial operations,
The Assistant City Manager reviewed the Quarterly Report, highlighting department
accomplishments for the quarter; and noted that expenditures and revenues are on target.
MOTION - Murphy
SECOND - Ambriz
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and filed the Second Quarter FY 2002-03 Budget Report,
9.
LEGAL AFFAIRS
TAPE 1000
9.1 ORDINANCE NO. 12-03 (FIRST READING) (A3100.0 ANX 3-0R-2)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1216-02 to
allow the prezoning of Annexation Areas 3-0R-2, 3-0R-3, 3-0R-4, 3-0R-5, 3-0R-7, 3-0R-8, 3-
OR-9, 3-0R-10, 3-0R-11, 3-0R-12 and 3-0R-13 for annexation into the City of Orange.
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CITY COUNCIL MINUTES
April 22, 2003
9. LEGAL AFFAIRS (Continued)
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 12-03 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:10 p,m.
Note: There was no Closed Session.
a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b). (one potential case).
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Rick Cryder, address on file, asked that Yorba Park be opened and a decision be made on a
proposed dog park.
13.
PUBLIC HEARINGS
TAPE 1250
13.1 APPEAL NO. 490-03, CONDITIONAL USE PERMIT 2417-02,
ADMINISTRATIVE ADJUSTMENT 03-4, THE ELI HOME, INC.: (A4000.0 APP 490-03)
Time set for a public hearing to consider an appeal by the Eli Home, Inc., of the Planning
Commission's denial on March 17, 2003 of Conditional Use Permit 2417-02 and Administrative
Adjustment 03-4 to allow additional development of a .42 acre lot by constructing a two-story
Craftsman Style building comprised of two apartment units (combined total of 3.398 sq. ft.); a
two-story addition to the existing 2,047 sq. ft. residence (a combined total of 3,819 sq. ft,) and a
five car 1,102 sq. ft, garage with a 724 sq. ft. studio apartment above; and the demolition of a
256 sq. ft. storage unit along the north side of the property, The development will be used
exclusively for transitional housing for The Eli Home, Inc. clients. The property is located at
655 South Glassell Street.
Note: This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15332 (In-Fill Development).
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"I) The Planning Commission stated the project would be overbuilt. The property is zoned R-3,
The project is within zoning requirements.
2) The Plaming Commission raised issues of number of parking spaces, The Eli Home
designed parking spaces as to the requirements stated by the City of Orange staff.
3) The Planning Commission raised issues of design, The Eli Home worked diligently to win
the approval of the City Design Review Committee,
4) The Planning Commission raised issues of a required rear setback. The Eli Home project
meets and exceeds setback requirements, The required rear yard setback is 10 feet. The Eli
Home project has a 20 ft. rear yard setback.
5) The Plaming Commission raised issues of safety. The Eli Home project received approval
from both the City of Orange Fire and Police Departments.
6) The Planning Commission stated there are too many of these shelter facilities in the area.
They suggested that we find somewhere else to go. The Eli Home has received State of
California grant funding specific to this property to provide additional desperately needed
transitional housing and bed space,"
Staff Report
The Community Development Director reviewed the proposal, outlining the Plaming
Commission concerns which included the intensity of building mass and bulk relative to other
structures in the neighborhood, the size of the lot and the overall location of the site, adverse
impacts by the number of people that could potentially live in the facility, and access onto
Orange Street. She then reviewed the appellant's responses to each of the Planning
Commissions' concerns.
Council Ouestions
In response to questions by Councilmember Alvarez, the Community Development Director
pointed out that this structure is part of the Old Towne District, but not individually listed on the
historic registry.
Mayor pro tern Cavecche asked about access onto the property from Orange Street rather than
Glassell Street.
The Public Works Director explained there is no ideal access, either from Glassell or Orange.
However, from an engineering standpoint, the best access is off of Orange, as Glassell is an
arterial highway with approximately 28,000 vehicle trips per day along that portion and is
designed with a right turn only lane traveling north, which would require anyone exiting onto
that street to have to immediately weave into another lane for through traffic. He pointed out the
existing driveways on Glassell are narrow, probably 12 to 14 feet. He did agree that Orange is a
narrow street without a sufficient radius to allow a turn around with vehicles parked along the
street.
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz asked about a different design for the driveway, suggesting perhaps a
half circle driveway off of Glassell.
The Public Works Director stated a wider driveway would be better, but still not ideal.
Councilmember Coontz stated Orange Street is an historical entrance to Hart Park, and there is
never enough parking in the area, especially during events at the Park Orange Street is very
narrow and suggested there needs to be other ways to accommodate better access to the project.
She asked how the present house, the Watson House, was determined to be not contributing to
the Historic District.
The Community Development Director reported the determination was based on the survey data
that went into the establishment of the Historic District at that time. All properties were
surveyed, and it was probably based on the age of the property, which was less than 50 years old
at that time.
Councilmember Coontz stated there are different ways to look at historical significance which is
very often based not only on architecture, but also on the importance of the individual who
owned the house and Mr. Watson was a very important person in the City of Orange's history.
In response to questions by Mayor Murphy, the Public Works Director explained some of the
traffic problems around Orange Street. Road width on Orange is more of a problem than
volume. At LaVeta and Orange, there is also significant queuing of traffic, which would make it
difficult to get out of that intersection, especially during morning hours, Also, access off of
River Street onto Glassell, would be better than a driveway, but it still creates problems turning
north onto Glassell and then having to weave over to get out of the right turn only lane on
northbound Glassell. Adding more traffic in that area is not a good situation, He reiterated that
there are difficulties on both streets, but using Orange Street is the lesser of the problem areas.
Mayor Murphy pointed out that while personally driving down Orange Street, the street was not
wide enough to accommodate parked cars and two way traffic; and expressed concern with a
project contributing to an already bad traffic situation on Orange Street.
Councilmember Coontz suggested access could be made available from both Orange and
Glassell, instead of an either/or situation; and pointed out there is a senior housing facility
directly across the street on Glassell, and many of those residents have cars and turn out onto
Glassell.
Councilmember Ambriz asked about the amount of additional traffic being generated; and noted
the difficulty in people accessing Hart Park from Orange Street, which probably needs to be
addressed in the future for the whole neighborhood.
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
The Public Works Director noted there is no hard data on this type of land use, but they would
expect traffic generation of approximately 45 to 66 trips per day, Presently, it is about 25 trips
per day.
MAYOR MURPHY OPENED THE PUBLIC HEARING
TAPE 2240
Mayor Murphy clarified that public comments need to be directed to land use issues, and not on
the operational aspects of the facility. He stated the Council had received all correspondence on
the project and it will be placed into the record,
Kim Tulleners, Program Director for Eli Home, 301 E. Grove, reviewed the proposal, stating the
proposed expansion will accommodate 9 families plus a live-in caretaker, with a maximum of28
persons. She indicated they have met the R-3 zoning requirements and parking requirements;
and they are willing to work with the City and the neighborhood to design a project that will fit
into the neighborhood, She stated visitors are allowed upon request, but they have to be
scheduled.
Mr. Bob Cerenic, Assistant Director, Eli Home, addressed traffic impacts, noting that many
residents rely on public transportation and do not own vehicles. They also have access to a van
shuttle and the shuttle stops will take place on Glassell Street. He stated they have done
everything in good faith to make sure the project fits within the design concerns and are also
willing to construct a display honoring the original Orange family who occupied the home, With
regard to a time frame for grant funding, he stated they have already missed the deadline for an
April 11th State grant, but they have applied for an extension until August 1 ", but have not heard
if that extension has been granted, He also argued that a CUP is not required as they are
protected by the Federal Fair Housing Act.
The City Attorney stated he had spoken with an attorney representing the Eli Home, noting it is
probably too late to argue the point that a CUP is not needed, especially after moths of review by
City staff and various reviewing bodies; and the Eli Home is currently operating under a CUP.
With regard to the issues raised by the Eli Home, he stated the Fair Housing Act prohibits
discrimination, and he was not able to find any discrimination against the Eli Home in any City
record, Also, this development does not fit the definition of an apartment project, and if this
were an apartment project, it would still be subject to the Old Towne Design Guidelines.
The following people spoke in favor of the appeal. Their comments included: this is a good
design for the land use; many residents do not own vehicles, which limits the traffic impacts; this
is a good location as it is close to a bus stop and a park; they are good neighbors; a redesign of
the project would be expensive; and there are other multi unit complexes in the area.
. Richard McFarland, Board of Directors of Eli Homes, 301 E. Grove Ave. Orange
. Donald Reunie, 9852 W, Katella, Anaheim, Architect
. Lorn Galloway, 301 E. Grove
. Vicki Woods, 704 E. Maple
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
· William Brown, 420 S. Euclid, Anaheim
· Leon Alexander, 2199 Timbergrove Lane
. Leo Deterding, 7655 Silver Dollar Lane., Anaheim
· Reina Schmitz, 1516 N, Sycamore, Santa Ana
. Tom Tait, 795 Dove Tree, Anaheim
. Denise Duncan, 301 E. Grove
· Richard Reed, 300 N, Rampart #34
. Morgan Green, 1289 N. San Remo
· Richard Chavez, 1245 E. Lincoln, Anaheim
. Vickie Arsi, 301 E. Grove
· Mathew Cunningham, 435 E. Riverview Ave.
Councilmember Alvarez left the dais at 8:20 p.m. and returned at 8:25 p.m.
The following people spoke in opposition to the appeal. Their comments included: Orange
Street is too narrow to accommodate any more traffic; 2-story garage is too big for the
neighborhood; too much traffic in the general area; not consistent with Old Towne design; loss
of historical value of the original home; those in favor of the project do not live in the area;
conditions imposed from existing CUP have not been followed; this is part of the historical
Nutwood Place neighborhood; inconsistencies with CEQA findings; and Old Towne is already
over built.
. Norman Baker, 621 S. Orange St.
. Jeff Banner, 604 S, Orange St.
. Janet Crenshaw, 400 Bock N, Shaffer, Chairman ofOTPA
. Chris Lopez, 629 S. Orange St.
. Michael Stastny, 649 S. Orange St.
. Laree Lopez, 629 S, Orange St. (submitted map)
. Lorrie Stastny, 649 S. Orange St.
. Julie Banner, 604 S. Orange St.
. Ann Seibert, 340 S. Olive St.
Councilmember Coontz pointed out the Council is always careful about developments that are
federally funded and what the long term aspects are; and look at the possibility of what these
projects will be like at the end of the term.
The Council recessed at 9:00 p.m. and reconvened at 9:10
TAPE 5370
The Appellant addressed some of the concerns that were expressed. Overparking in the area is
not a result of their presence, but rather an existing condition; the characteristics oftheir families
are different, and there are not many vehicles at their facility; they will use regular trash cans on
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
both Orange and Glassell, and not dumpsters; they plan to be there long term because with
grant funding, they will be able to own the property; any overcrowding issues should be
addressed through normal City policies; and they have designed the project to compliment the
neighborhood,
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 5640
The Community Development Director reviewed the CEQA findings, noting that staff found the
project to be exempt. With regard to cumulative impacts, both CEQA and local guidelines
discuss that, especially as it relates to the Historic District This is an ongoing analysis being
done at the stafflevel.
Councilmember Coontz asked for clarification on the CUP process,
The City Attorney explained a CUP is required to address other types of uses not normally
allowed in a particular zone, which may create some type of impact; and then conditions are
imposed to mitigate those impacts. He explained that a CUP does go with the land, and if the Eli
Home were sold, another facility could operate under the same CUP. However, if the use
changed, then they mayor may not be required to have a CUP, He also stated it would be
inappropriate for the City Council to consider how many types of these uses there were in the
Old Towne area. In that respect, Federal Law would supercede a CEQA issue. It is not relevant
to consider the types of families in this facility;
It was pointed out this CUP will supercede the existing CUP.
Council Comments
TAPE 6000
Councilmember Coontz stated it is important for any developer to realize there are choices on
where they should develop and to know what the existing conditions are and the traffic and
residential character of the neighborhood, She supported the Eli Home in their original purpose,
and told them initially that if they want to expand in the future, they have to be very careful, in
this particular site, in dealing with the neighbors. She read through the Minutes from the original
hearing for the existing CUP, where it was emphasized by the Council, and recommended
strongly, that the Eli Home keep in touch with their neighbors at all times so the neighbors would
know what is expected for the future. She was concerned that the Eli Home has not kept in touch
with the neighbors, because of the issues that have been brought up. She has supported other
facilities, such as House of Hope, but those facilities worked very closely with their neighbors in
resolving issues.
Councilmember Alvarez stated when the Eli Home came to this site originally, the neighbors did
not express their concerns, and he wished he had heard these comments two years ago. He has
learned a great deal about group homes and facilities such as this one. He noted this is an infill
development, but so are a lot of other projects on Glassell; and noted the applicant has met
certain requirements. He would like to see access from Glassell, but understands the problems
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
with that. He did not think this facility would add many cars, because of the type of families that
live there. This project probably would not impact the neighborhood any more than the existing
apartments on Glassell. This is actually an ideal site for a facility such as this - close to a
church, a park and hospital services, He suggested certain changes to the project, such as
eliminating the detached garage unit and attaching it to the home and incorporating it into the
design of the project; that the setback on Orange Street be greater with more development at the
center of the property, which would create a softer scape off of Orange Street; change the
parking scenario; and eliminate the caretaker unit to reduce the bulk and mass. With these types
of changes, he could support the project.
TAPE 6690
Councilmember Ambriz pointed out this development is allowed in the R-3 zone, the lot
coverage is less than what is allowed, and the applicant has exceeded parking requirements, He
stated this is a doable project, but there are issues and concerns to be worked out.
Councilmember Coontz expressed concern with the proposed buildings - that there does not
seem to be any cohesiveness with the project, that the buildings are strung out and need to be
brought back in, She asked if the configuration of the project could be changed to consider
access off Glassell. She noted the Design Review Committee did the best they could with the
design; suggesting that the order of the DRC and Planning Commission review may need to be
reversed, because the size of the building is under the Planning Commission review and that
should come before the design aspects.
Mayor pro tern Cavecche stated the program is a tremendous asset to the City, but the City
Council needs to look at the project strictly from a land use issue. She stated this type of use on
Glassell Street would be appropriate, but this lot goes into a very special historic district along
Orange Street and the impact to the existing neighborhood has to be considered. She expressed
concern that the entire design of the project - pushing it onto Orange Street, was probably driven
by the Glassell Street traffic impacts. She also agreed the garage unit is too big and bulky for
Orange Street, but not for Glassell. The part of the project facing Orange negatively impacts the
neighborhood, and she can not support that.
TAPE2-105
Mayor Murphy agreed with many of the concerns expressed by the Council. The quality of the
service provided by this facility is commendable, but a decision can not be made based on the
need and service of this home, He agreed the bulk and mass needs to be reduced and suggested
shared access between Glassell and Orange.
MAYOR MURPHY REOPENED THE PUBLIC HEARING
Mayor Murphy asked the Appellant if they would be willing to consider a continuation and send
this project back to the Planning Commission with specific recommendations from the Council,
then returning to the City Councilor did the Appellant want a definite decision at this time.
The Council recessed at 9:50 p.m. and reconvened at 9:57 p.m,
PAGE 15
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
Mr. Michael Galloway, representing the Appellant, agreed to a continuance to go back to the
Planning Commission with recommendations from the Council, but requested the process be fast
tracked.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 2 -290
The Council provided the following suggestions:
. Flip flop the parking location, which would place the parking garage immediately adjacent to
the middle building.
. Eliminate the care taker unit.
. On Glassell Street, there is an entrance asphalt patch; it was suggested to have staff find the
room to create a parking pocket so as not to disrupt the traffic on Glassell. The van used to
pick up residents and make deliveries will stop on Glassell Street and not Orange Street.
. Fencing - screen fencing on the east property line; or somehow create a screen wall similar
to what was done at the Palmyra senior housing project at Palmyra and Glassell.
. Orange Street should be treated as a frontage because it has been used as a frontage for years;
it should be thought of in relation to the other homes on the street, maybe with landscaping,
to be complimentary to the neighborhood.
. On Orange Street, there needs to be a setback with landscaping; it should not be just asphalt,
because all along the street are residences with frontages.
. Provide access the whole length of the development from one end to the other; from Glassell
all the way across.
. The project is stretched out to a point that doesn't make sense and it needs to be pulled
together. The Watson House, which was supposed to be kept as it is, can not be seen any
more. Concern expressed about using a very large piece of property in a logical way.
. The screening along Orange Street should incorporate architectural ideas from the park, such
as river rock.
. The Applicant shall work with City staff to determine how to mitigate traffic on Orange
Street.
. Look at possible shared access from front to back of property; with access off of Glassell as
well. There is 15 feet of width from the side of the proposed new building to the wall; and
15 feet of width on the existing structure as well. The applicant is proposing a 12 foot wide
driveway along the north side from the parking area to Orange Street.
. It looks like 3 separate buildings - needs to be more cohesive. This needs to be considered if
another use comes in later.
. Staffis to work with the applicant.
Council noted they have to look at not only the current use, but the potential uses once the
property is built and in place. Looking at a possible 40 trips per day from an apartment
standpoint is the measure that needs to be considered, in the event this use were to leave and
another use came in.
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
Council Action
MOTION - Alvarez
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to direct this project back to the Planning Commission, without prejudice, with
comments to be incorporated from the Council.
13.2 ORDINANCE NO. 3-03 - STAFF REVIEW COMMITTEE (A2500.0)
Time set for a public hearing to consider the adoption of Ordinance No. 3-03 amending Titles 16
and 17 of the Orange Municipal Code deleting the Staff Review Committee and substituting the
Community Development Director as the initial reviewing body for various land use
applications. The proposed ordinance would eliminate the formal Staff review Committee
(SRC) that is currently subject to the Brown Act. An informal staff review committee would be
established by Administrative Policy. The initial reviewing body for various land use
applications would be the Community Development Director after consultation with the staff
review committee as designated by the City Manager.
The Community Development Director provided a report. The City Attorney noted a correction
to the Ordinance had been provided to the Council.
Council Ouestions
In response to questions from Councilmember Alvarez, the City Attorney explained the Brown
Act was changed about three years ago to include any committee formed by Council action;
which is why the Staff Review Committee is subject to the Brown Act regulations.
In response to questions from Mayor pro tern Cavecche, the Community Development Director
explained the Ordinance stipulates that recommendations will come from her but in consultation
with the informal Staff Review Committee. The Committee will probably meet the same time
with the same people, but they will not be open public meetings and not subject to the Brown
Act; but rather a chance for staff to review the details of the projects informally. This will allow
individual members of the Committee to also meet without Brown Act regulations.
Councilmember Coontz stressed the importance of the informality; as the City has a history of
dealing very positively with the development community, and this change will assure that
continues.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
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CITY COUNCIL MINUTES
April 22, 2003
13. PUBLIC HEARINGS (Continued)
Council Action:
ORDINANCE NO. 3-03 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Titles 16 and 17 of the
Orange Municipal Code deleting the Staff Review committee and substituting the Community
Development Director as the initial reviewing body for various land use applications.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 3-03, with corrections by the City Attorney, be read by title only and
same was set for second reading by the preceding vote.
14.
PLANNING AND ENVIRONMENT
TAPE 820
14.1 Request for the permanent installation of speed humps on Pampas Street between
Lincoln Avenue and Brentwood Avenue and Brentwood Avenue between Pampas Street
and GIassell Street (S4000.S.6)
SUMMARY: Speed humps were installed for a three-month trial basis on Pampas Street and
Brentwood Avenue. The City Traffic Commission recommends their installation be made
permanent.
The Public Works Director reviewed the proposal, noting this was the first speed hump proposal
to make its way through the entire process as part of the Residential Neighborhood Traffic
Management Plan; and that all criteria had been met.
In response to Council questions, the Public Works Director explained there is no indication of
cut through traffic in this area; the request is for 2 speed humps on Pampas and 3 on Brentwood;
that one of the humps became dislodged during the trial period; and that the initial request was
initiated several years ago during the hiatus of speed humps.
Council indicated they would have liked a map showing the exact locations of the speed humps.
Public Comments
The following people spoke in favor of installation of speed humps.
. Diana Letherman, 2724 N. Pampas - indicated a significant decrease in traffic and speed.
. Stacy German, 2723 N. Pampas - noted this will help to reduce the cut through traffic from
the employees at Volt.
. Richard Clark, 501 W. Brentwood
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CITY COUNCIL MINUTES
April 22, 2003
14. PLANNING AND ENVIRONMENT (Continued)
· Scott Peterson, 424 W. Crystal View - this may increase traffic on other streets and speed
humps may have to be installed on surrounding streets
The following people spoke in opposition to the installation of speed humps:
· Sid Mackin, 411 W. Crystal View - the speed humps will divert traffic to other streets.
· James Dunlap, 2586 N. Pampas - his wife experiences back pain when driving over the
speed humps; and she also has to use the street in her electric wheelchair to avoid obstacles
along the sidewalk.
· Joshua Dunlap, 2586 N. Pampas - submitted petition of residents opposed to the speed
humps
Council Ouestions
Councilmember Alvarez asked about the costs of the speed humps. The Public Works Director
indicated it costs approximately $500 per hump, and there are five speed humps proposed on
these streets. The humps are 12 feet long with a maximum height of2.5 inches.
Councilmember Ambriz asked about any future plans for Crystal View or Brookshire Streets.
The Public Works Director indicated the residents on these streets can go through the same
process to request the speed humps. Staff will assist them in identifYing the residents that need
to be polled and provide petition forms, but the area would have to meet all the criteria.
Mayor Murphy pointed out the process has always been one of achieving signatures prior to
doing the temporary installation.
Councilmember Coontz stated there always seems to be a speeding problem on long streets.
Mayor pro tern Cavecche asked about traffic volumes; the petition which was submitted and
those residents who were not within the survey area; and the dimensions of the speed humps.
She also pointed out the possibility ofresidents on other streets coming forward if they see traffic
diverted onto their streets.
The Public Works Director indicated there was some variation in traffic volume, but it was
substantially the same with the speed humps. He also stated there were 74 properties notified of
the original request and they were also all notified of the Council meeting. The speed humps
will leave 36 inches of clearance at each curb for ADA requirements and the permanent humps
will be feathered into the existing pavement better than the temporary ones.
Councilmember Alvarez expressed concern on the cost of the speed humps given the current
budget constraints.
Mayor Murphy pointed out it is the City's policy to pay for them and suggested the Council can
look at that policy in the future as more of these requests are received.
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CITY COUNCIL MINUTES
April 22, 2003
14. PLANNING AND ENVIRONMENT (Continued)
MOTION" Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: I) Approve the installation of permanent speed humps to replace the temporary speed
humps on Pampas Street and Brentwood Avenue; 2) Approve the installation of a third speed
hump on Brentwood Ave. adjacent to 501/511 E. Brentwood Avenue; and 3) comments to be
noted about the dimensions of the speed humps in terms of the width allowing for access on the
streetscape.
Off Al!enda Item
Councilmember Coontz asked about the R-3 zoning on Orange Street, that it does not seem
possible to include R-3 considerations on those lots; and asked that this issue be looked at.
15. ADJOURNMENT
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 10:55 p.m. to an Adjourned Regular Meeting, April 29, 2003 at
5:00 p.m. in Weimer Room to consider FY 2003-2004 Revenues/Expenditures Fund Balances
and acquisition of real property located at 105,125,145 and 164-180 South Water Street from
the Orange County Fire Authority and approval of an amended cooperation agreement with the
Orange Redevelopment Agency relating to the sale of 164-180 south Water Street to the Orange
Redevelopment agency.
The next Regular Council meeting is May 13, 2003.
aff'-(-(~(-4' #'~
CA~SANDRAJ. THCART, CMC
CITY CLERK
1jl~lI
MAYOR
PAGE 20