08-10-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON AUGUST 24, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 10, 1999
The City Council of the City of Orange, California convened on August 10, 1999 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
Pastor Tom Hoover, Covenant Family Fellowship Free Methodist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Coontz announced Concerts in the Park will be held on August 11 th at 7:00 p.m. at
Hart Park and on August 12th at Depot Park.
2. PUBLIC COMMENTS
Carole Walters, (address on file), commented residents should not have to pay for
services that are not being provided.
3.
CONSENT CALENDAR
Tape 163
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of August 10, 1999 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
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CITY COUNCIL MINUTES
August 10, 1999
3. CONSENT CALENDAR (Continued)
3.2 Request Council Confirmation of warrant registers dated July 22, 27 and 29, 1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting, July 20,
1999 and Regular Meeting, July 27,1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
APPROPRIATIONS
(REMOVED AND HEARD SEPARATELY)
3.5 Appropriation of funds for Jeff Franzen, CPA, forensic accountant in assisting the
District Attorney's office with the ORRS investigation. (A2100.0 AGR-2854.3)
SUMMARY: The City has taken a number of steps to protect its interest and to identify
all possible losses pertaining to the Orange Resource Recovery System (ORRS)
investigation. As part of these efforts, the City hired a forensic accountant, a specialist in
fraud, who has been working with the District Attorney for the past year and a half.
FISCAL IMPACT: Unreserved fund balance is available in the Sanitation Fund to fund
this appropriation. The City will seek reimbursement for these costs through current
legal action.
Discussion: Carole Walters (address on file), asked how much money has been spent on
investigators, attorneys, etc. Will the Jeff Hambarian hearing take place in September?
The City Manager explained the City will seek reimbursement of costs through the
conviction process undertaken by the District Attorney's office. The City is not a part of
the hearing process which is being handled through the County District Attorney's office.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to appropriate $60,000 to Account No. 220-4031-426700 (Sanitation Fund -
Police Detectives - Professional and Consultant Services).
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CITY COUNCIL MINUTES
August 10, 1999
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Award of Bid No. 989-41 to Paulus Engineering, Inc.; Project No. D-130; 1998-99
Community Development Block Grant (CDBG) Walnut Avenue/Glassell Street
Storm Drain Construction. (A2100.0 AGR-3308)
SUMMARY: The construction improvements to be completed as part of this project
include the installation of new reinforced concrete storm drain piping, catch basin inlets,
and manhole junction structures along Walnut Avenue from Lemon to Glassell Streets,
and on Glassell Street from Walnut to Lomita Avenues. The Project is funded by the
Community Development Block Grant Program.
ACTION: Waived as an inconsequential irregularity in the bid received from Paulus
Engineering, Inc. that Disadvantaged Business Enterprises was not listed on the form
provided in the specifications. Awarded a contract in the amount of $618,000.00 to
Paulus Engineering, Inc. 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: 310-
9645-483400-5107 (Detail 16128) $284,414 (Community Development Block Grant);
310-9645-483400-5107 (Detail 16129) $178,854 (Community Development Block
Grant); and 310-9645-483400-1819 $230,000 (Community Development Block Grant).
3.7 Award of Bid No. 990-01 to Sequel Contractors; Project No. SP-3239A; Tustin
Street AHRP, Pavement Rehabilitation, Fairhaven to Chapman Avenues, Phase lA
and lB. (A2100.0 AGR-3309)
SUMMARY: The project will rehabilitate Tustin Street from Fairhaven Avenue to
Chapman Avenue. The construction improvements to be completed as part of this project
include the rehabilitation of the existing asphalt pavement surfacing, and the construction
of concrete approach lanes at the intersection of Tustin Street and Chapman Avenue for
northbound Tustin Street, and westbound Chapman Avenue.
ACTION: Awarded a contract to Sequel Contractors in the amount of $967,152.00 and
authorized the Mayor and City Clerk to execute on behalf of the City. Award of contract
subject to Caltrans certification of subcontractor as a Disadvantaged Business Enterprise.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 262-5011-483300-4037 (Measure M) $400,000;
550-5011-483300-4037 (AHRP) $732,025; 272-5011-483300-4037 (Gas Tax 2105)
$1,079,836.
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CITY COUNCIL MINUTES
August 10, 1999
3. CONSENT CALENDAR (Continued)
3.8 Award of Bid No. 990-02 to R. J. Noble Company; Project No. SP-3239B; Tustin
Street AHRP, Pavement Rehabilitation Chapman to Collins Avenues, Phase 2.
(A2100.0 AGR-3310)
SUMMARY: The project will rehabilitate Tustin Street from Chapman Avenue to
Collins Avenue. The construction improvements to be completed as part of this project
include the rehabilitation of the existing asphalt pavement surfacing, and the construction
of concrete approach lanes at the intersection of Tustin Street and Chapman Avenue for
southbound Tustin Street.
ACTION: Awarded a contract to R. 1. Noble Company in the amount of $767,591.35
and authorized the Mayor and City Clerk to execute on behalf of the City. Award of
contract subject to Caltrans certification of subcontractor as a Disadvantaged Business
Enterprise.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts:
262-5011-483300-4037 (Measure M)
550-5011-483300-4037 (AHRP)
272-5011-483300-4037 (Gas Tax 2105)
3.9 CLAIMS (C3200.0)
$ 400,000
$ 732,025
$1,079,836
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Catherine Keddie
b. Billy Derham
FISCAL IMPACT: None.
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
(REMOVED AND HEARD SEPARATELY)
3.10 1999-00 Animal Control Services Contract with the County of Orange. (A2100.0
AGR-0135.L)
SUMMARY: The City of Orange contracts with the County of Orange for animal
control field and shelter services. The term of this annual renewal is July 1, 1999 through
June 30, 2000. (Continued from July 27, 1999 Council meeting.)
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CITY COUNCIL MINUTES
August 10, 1999
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The adopted 1999-2000 budget includes a total of $260,232 in the
General Fund in Police Department Account No. 100-4031-427100-2350 (Detectives -
Contractual Services). This amount was based on previous annual contracts. Approval
ofthe 1999-2000 contract amount of $335,400 will require an appropriation of $75,168
from General Fund unappropriated reserves.
Note: Mayor pro tern Spurgeon abstained on this item due to a potential conflict with his
employment and left the dais.
Mayor Coontz reported this item was continued from the last meeting in order to address
some of the questions from the public. The City did not feel it was getting the response
that was needed in dealing with calls from residents regarding wildlife issues, i.e.,
coyotes, skunks, barking dogs, loose dogs, and irresponsible pet owners. Residents
indicated they are unfamiliar with the process for filing a complaint and find it confusing,
cumbersome, and time-consuming. These concerns were addressed in a meeting with
Mark McDorman, Interim Director of Animal Control and Len Foster, Interim Director of
Public Health, who have assured the City that they will make every effort to provide
assistance to the residents. Sergeant Eric Grove of the Orange Police Department and a
staff member from the City Manager's office work as liaisons with the County. The
County has committed to making information readily available to the public concerning
the process of addressing problems and nuisances, which will be posted on the County
Animal Control Services web site and through brochures that can be sent to interested
residents. The County has hired a new Public Information Officer who will be available
to make presentations to the public when the need arises.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Alvarez
ABSENT - Spurgeon
Moved to appropriate $75,168 from General Fund Reserves to Account No. 100-4031-
427100-2350; approve the proposed contract; and authorize the Mayor and City Clerk to
execute the contract on behalf of the City.
FINDING OF PUBLIC CONVENIENCE AND NECESSITY
3.11 Request to determine whether the issuance of a new license to sell pre-packaged
alcoholic beverages, from a retail store, serves the interest of Public Convenience
and Necessity, as required for license approval by the State Alcoholic Beverage
Control Board. (C3300.0 CUP-2286-98)
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CITY COUNCIL MINUTES
August 10, 1999
3. CONSENT CALENDAR (Continued)
SUMMARY: Rite Aid Corporation intends to construct a new retail store and pharmacy
in a shopping center at the northwest corner of Main Street and La Veta Avenue. The
Planning Commission reviewed and approved a request to sell pre-packaged beer, wine
and distilled spirits through Conditional Use Permit 2249-98. City Council action is
required by Section 23958.4 of the California Business and Professions Code.
ACTION: Declared a finding of public convenience and necessity for authorization
of a new retail license as required by California Department of Alcoholic Beverage
Control.
FISCAL IMP ACT: If approved, an undetermined amount of retail sales tax revenue may
be generated by applicant sales. The applicant paid a filing fee to offset city personnel
costs in processing this request.
RATIFICATION OF DECLARATION OF EMERGENCY
3.12 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract).
ACTION: Approved.
RESOLUTIONS
3.13 RESOLUTION NO. 9158 (HI200.0)
A Resolution of the City Council of the City of Orange consenting to the designation of a
portion of Newport Boulevard as a County Highway for road widening improvements.
ACTION: Approved.
3.14 RESOLUTION NO. 9155 (A2100.0 AGR-3173)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work improvement.
Bid No. 989-11, Cathodic Protection Systems for Reservoir Nos. 1, lA and 2, American
Construction and Supply, Inc.
ACTION: Approved.
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CITY COUNCIL MINUTES
August 10, 1999
3. CONSENT CALENDAR (Continued)
3.15 RESOLUTION NO. 9156 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Batavia Street
from LaVeta Avenue northerly to Palmyra Avenue, and removing on-street parking from
both sides of Batavia Street from LaVeta Avenue to Palmyra Avenue from 10:30 a.m. to
1 :30 p.m. on September 11, 1999, for a special event
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.16 RESOLUTION NO. 9160 (A4000.0 APP-456)
A Resolution of the City Council of the City of Orange denying Appeal No. 456 and
upholding the decision of the Planning Commission and the Community Development
Director to allow a change of nonconforming use of a building located at 135 South
Cambridge Street.
Appeal No. 456
Appellant: Gary Meserve
Action was taken by Council on July 27,1999 to deny Appeal No. 456.
Note: Councilman Slater abstained on this item due to a property interest on S.
Cambridge Street.
Carole Walters, (address on file), commented on issues relative to the July 27th public
hearing process relative to this item.
Gary Meserve, 153 S. Cambridge, commented that the City should investigate and
pursue its loss of revenues from the sale of goods at 135 S. Cambridge. The chronology
of use for the property is erroneous. Mr. Meserve presented Council with what he called
a "real chronology of the land use". If the new art gallery business is less than a grocery
store, restaurant, and book store, can it ever go back to either of these uses?
The City Manager responded the State Board of Equalization is the enforcement agency
on sales tax.. The City Attorney explained once the use of the property has gone to a less
intensive use, it can not go back to a more intensive use.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAIN-Slater
ACTION: Approved.
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CITY COUNCIL MINUTES
August 10, 1999
3. CONSENT CALENDAR (Continued)
3.17 RESOLUTION NO. 9161 (A4000.0 APP-463)
A Resolution of the City Council of the City of Orange denying Appeal No. 463 and
upholding the decision of the Planning Commission to approve a Conditional Use Permit
to allow the operation of a swap meet as a commercial recreation use in an industrial
district, upon a 12.3 acre portion of a former drive-in theater site located northeast of
Interstate 5 on State College Boulevard and addressed as 291 North State College
Boulevard.
Appeal No. 463
Conditional Use Permit No. 2290-99
Appellant: Mayor Joanne Coontz
Applicant: Pacific Theatres Corporation/Pacific's Swap Meets & Marketplace
Action was taken by Council on July 27,1999 to deny Appeal No. 463.
ACTION: Approved.
3.18 RESOLUTION NO. 9162 (p1300.0.9)
A Resolution of the City Council of the City of Orange authorizing the temporary closure
of Atchison Street from Chapman Avenue north to Maple Avenue on August 12, 1999
from 5:00 P.M. to 9:00 P.M. for a special event.
ACTION: Approved.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item Nos. 3.5, 3.10 and 3.16 were removed and heard separately. Mayor pro tern
Spurgeon abstained on Item No. 3.10. Councilman Slater abstained on Item No. 3.16.
The remainder of the Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ
URGENT ITEM TO ADD TO CLOSED SESSION
Mayor Coontz reported that based upon a meeting with the Orange County Sheriff yesterday, she
became aware of a proposal to locate a future maximum security jail on a site within the City of
Orange's sphere of influence. Several sites are being considered which are all close to the
Eastern Transportation Corridor. It was the City's understanding that when the agreement was
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CITY COUNCIL MINUTES
August 10, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
reached for the expansion of the Theo Lacy jail, after years of litigation and discussion, that this
would be the City's final contribution to jails in Orange County. Mayor Coontz stated she does
not want this to occur under her watch as Mayor. The residents of Orange will not look upon this
proposal with any favor.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that there is a need to take immediate action on this item and the issue arose subsequent
to the posting ofthe agenda.
4.1 American Legion Post No. 132Neterans of Foreign Wars Post No. 7245- Proposal
for a memorial honoring veterans at Santa Fe Depot Park. Tape 537
Jolm Whiteriver, 194 S. Pixley Street, on behalf of the Public Relations Chairman for American
Legion Post No. 132, proposed that a veterans memorial be located at Santa Fe Depot Park. This
site was selected because during World War I and II, servicemen departed and arrived at this
location. This can be a very positive and cooperative endeavor between the veterans and the City.
They have already begun to seek funds and asked Council to approve the idea; would like to
break ground on Veterans Day, November 11, 1999, with a final completion date of November
11,2000.
Mayor Coontz indicated all Councilmembers have been involved and have expressed an interest
in a veterans memorial over a period of time. In response to Mayor Coontz, the City Manager
indicated staff will work with the veterans on the project and provide a report back to Council.
Councilman Slater commented on how he became involved in the effort for a memorial. The
veterans have expressed interest in renaming Depot Park to Veterans Park, although this may not
be feasible from a historical perspective. An idea may be to name the new park in East Orange
Veteran's Park.
Mayor Coontz commented several locations were considered, but the Depot Park seemed like the
logical location because ofthe importance of the railroad in World War I and II.
Councilman Alvarez asked the City Manager include in his report an accounting of what other
memorials the City has to this service.
Don Zweifel, 2110 Larkspur Drive, American Veterans member, expressed support for the
memorial, suggesting it include the veterans names.
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CITY COUNCIL MINUTES
August 10, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to give American Legion Post No. 132Neterans of Foreign Wars Post No. 7245 the
opportunity to pursue and present their idea to Council.
5.
REPORTS FROM COUNCILMEMBERS
Tape 896
5.1 Report from Councilman Alvarez concerning the EI Toro Reuse Planning Authority
Trip to Washington DC.
Councilman Alvarez reported on information he obtained from meeting with various
representatives during his recent trip to Washington DC. An issue he felt of concern and
importance to the City of Orange was the disclosure that the County of Orange was negotiating
to some extent with the Justice Department in accepting all liability for the cleanup of the ground
water beneath EI Toro airport. Congressman Cox recommended to him that the City watch how
monies are being spent, either by the County, or other public agencies, but particularly how the
toxic waste will be mitigated.
Tom Wall, 2900 Park Newport #229, Newport Beach, commented on the importance of the City
of Orange participating in the process. The County withdrew from ETRPA in 1994 as it was felt
the County was responsible for long-term infrastructure planning, i.e. road, toll roads, freeway
widening, and air transport in the future. The aviation demand issue is a regional issue. Mr.
Wall further addressed the impact on Orange County residents ifEI Toro airport were not built.
Don Saltarelli, 7603 E. Skylark, expressed support for the El Toro airport. Studies have been
ongoing for thirty years or more on how adequate air transportation would be provided to the
County of Orange. During this period of time the County population has more than tripled.
Orange County statistics were cited to justify the need for air transportation in Orange County.
Carole Walters, (address on file), thanked Councilman Alvarez for obtaining the information on
the airport.
Don Zweifel, 2110 Larkspur Drive, commented than everyone can benefit from an airport.
Councilman Slater commented that OCCRA members will be visiting the ETRP A meetings on a
rotating basis to get a dialogue going and to gather facts and information.
Councilman Murphy commented on the benefits of an airport at El Toro, rather than a full
expansion of Jolm Wayne Airport.
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CITY COUNCIL MINUTES
August 10, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Coontz commented on the opportunities that an airport will have at El Toro, not only with
its size, but with the positive planning which will include concerns of the residents and
businesses. The County of Orange will not be the economically fruitful county that we see today
if we don't move forward on this issue.
Councilman Spurgeon commented the initiative next Spring will not only be the airport, but also
j ails and landfills.
Councilman Alvarez concluded that Federal government Record of Decision (ROD) will carry a
lot of weight. It is unfortunate that this issue has split the County. It is hoped as time goes on
the County will come back together and make a decision that all can accept.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1879
6.1 Report from the Investment Oversight Committee on the Investment Oversight
Committee Quarterly Report for the quarter ending July 31,1999. (ORI800.0.27.16)
The City Treasurer presented the report.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
6.2 Appoint Jan Mickelson to the Community Development Block Grant Committee to
fill the vacancy created by Linda Zehner. Term to expire 1/2001. Tape 1947
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Move to approve.
6.3 Request by members of the East Chapman Improvement Committee to disband.
Mark Sandford, 10591 S. Meads Avenue, on behalf of the Orange Park Acres Board of Directors,
requested Council maintain the Committee. Issues, developments, etc. that arise on East
Chapman from Prospect to Rancho Santiago are important to the City of Orange and the people
that live in the east part of the City. Individuals in the Orange Park Acres area would be
interested in serving on the Committee.
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CITY COUNCIL MINUTES
August 10, 1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
Mara Brandman, 7319 Equitation Way, suggested a new committee be created if Council accepts
the request to disband the East Chapman Improvement Committee.
Mayor Coontz explained the Committee was formed in 1977 by Councilman Jess Perez for
architectural interests. It was noted that the changes occurring to Vons on East Chapman have
been reviewed by the Committee.
Bob Torres, 4525 Aqua Way, East Chapman Improvement Committee, introduced Committee
Members Sylvia Caigoy, Jessie Ledesma and Nora Razo, indicating that his interest in serving on
the Committee was for the El Modena area and building a good community.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, requested this item be continued due
to developments and changes on East Chapman, suggesting an advisory committee be formed
comprised of people who live in the area.
Mayor Coontz commented she would prefer disbanding the Committee and have the Planning
Commission review the entire East Chapman Corridor. If it is then felt that a Committee is
needed, Council could proceed in that direction.
Councilman Slater expressed concern with continuing redevelopment on Chapman Avenue, in
particular the SavOn Shopping Center with Rite Aid going in. A plan is needed for East Orange,
in particular between Prospect and Crawford Canyon Road in which specific guidelines could
then be provided to a developer. He is not in support of disbanding the Committee because of
ongoing issues facing the EI Modena area. The Committee needs to take on a new emphasis and
perspective.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to the August 24th meeting. In the meantime, research the idea of addressing
the East Chapman Plan with the Planning Commission and other issues that are specific to the El
Modena Committee.
6.4 Appointment of Scott Richmond as an active member to the Orange Park Acres
Planning Committee (OPA Board appointee). (ORI800.0.26.1) Tape 2809
Mark Sandford, 10591 S. Meads Avenue, on behalf of the Orange Park Acres Board of Directors,
thanked Council for the appointment of Scott Richmond.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed support for the
recommended appointment.
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CITY COUNCIL MINUTES
August 10, 1999
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
9.
LEGAL AFFAIRS
Tape 2960
9.1 ORDINANCE NO. 17-99 (ZI500.0 ZCG-1199-99)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property located on the west side of
Prospect Street between Walnut Avenue and Spring Street from R-O to R-3.
Zone Change 1199-99
Applicant: Beazer Homes California, Inc.
Action was taken by the Council on July 13, 1999 to approve Zone Change 1199-99
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 17-99 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 18-99 (ZI500.0 ZCG-1200-99)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property located on the west side of
Prospect Street between Walnut Avenue and Spring Street from R-3 to R-O.
Zone Change 1200-99
Applicant: Beazer Homes California, Inc.
Action was taken by Council on July 13, 1999 to approve Zone Change 1200-99.
MOTION - Alvarez
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
August 10, 1999
9. LEGAL AFFAIRS (Continued)
Moved that Ordinance No. 18-99 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 19-99 (A2500.0 ORD-19-99)
An Ordinance of the City Council of the City of Orange amending Section 10.02.230 of Chapter
10.02 of the Orange Municipal Code pertaining to the definition of school days.
MOTION- Slater
SECOND- Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 19-99 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 6:06 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation. Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (one potential case: Serrano/School
District Mitigation Fees). (This item was not discussed).
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 -
existing litigation. Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case
No. 78 02 84
c. Conference with real property negotiator regarding the sale of real property pursuant to
Government Code Section 54956.8: Property: 15+ acre vacant parcel generally located
southwest of the intersection of Prospect Street and Walnut Avenue; Negotiating Parties: City of
Orange Shepherd Academic, Inc.; Under Negotiation: Price and terms of payment.
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.
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CITY COUNCIL MINUTES
August 10, 1999
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 3088
Barbara DeNiro, (address on file), referring to the East Chapman Improvement Committee
discussion, asked if the City has had committees for other areas to seek good planning? Has the
City made good use of the TSIP fees there? How will the trash collection and dumpster bin
service fees that come directly from Waste Management be audited? Is this a separate contract?
Ms. DeNiro does not fully understand the charges on the utility bill, indicating she will be in
contact with the City Manager and City Attorney.
Carole Walters, (address on file), commented that any decisions made in Closed Session should
be announced publically. How many businesses in Orange pay less sales tax so they can
advertise in the City? The City Manager explained there are redevelopment contracts with a few
restaurants to help promote business. Mayor Coontz added the Redevelopment Agency
developed an extensive set of criteria for anyone interested in redevelopment monies.
Tape 3283
13.1 TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM (TSIP); CITY OF
ORANGE
13.
PUBLIC HEARINGS
Time set for a public hearing to consider the adoption of a resolution updating the fee structure
for the City's Transportation System Improvement Program. The fee is assessed against new
development projects in the City for the purpose of funding transportation system improvements
throughout the City.
The Director of Public Works reported the Transportation System Improvement Program
established in 1988 provides for the payment of fees by developers to fund ,in part, the cost of
transportation improvements that are needed as a result of growth and development within the
City. Approximately 50% of the costs of the needed improvements are recovered from the
transportation fees. The balance of the improvements are funded from Gas Tax, Measure M, and
other City resources. The proposed increase in fees is approximately 7.89%. The fees were last
adjusted approximately two years ago. The adjustment is based upon a Construction Cost Index
for highway construction items that are prepared and maintained by Caltrans. It is only the
expansion of the use that is subject to the fee. If a building is demolished and a new building
constructed, it would only be the intensification of the use measured by the additional square
footage or by the additional traffic generation that would be subject to the fee proposal. Any
building that was in existence on January 1, 1988 and demolished is eligible for that kind of a
credit. Cities in Orange County are required to have Transportation System Improvement Fees
in order to participate in the competitive aspects of the Measure M Program. The fees vary from
jurisdiction to jurisdiction reflecting the ultimate development anticipated in the community and
the level of transportation facilities needed to serve the future development.
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CITY COUNCIL MINUTES
August 10, 1999
13. PUBLIC HEARINGS (Continued)
In response to Mayor pro tem Spurgeon, the Director of Public Works explained the fee is for
new residential units. Room additions or remodeling are specifically exempt from any fees
under the Program.
Councilman Alvarez asked the reason for the rate increase? The Director of Public Works
explained the proposed adjustment is to keep pace with increasing construction costs and to
ensure that the amount of fees that are collected will fund the projects in the program, which
extends to the year 2009. It is anticipated periodic adjustments will need to be made. The fees
do not include any allowance for the acquisition of right-of-way.
Councilman Murphy asked if the City has any fee comparisons with neighboring communities?
The Director of Public Works responded no recent comparisons have been done.
Mayor Coontz asked if other cities work on the same price index for selected highway
construction items? The Director of Public Works indicated that are several different indices that
could be used. This index most closely matches the types of projects the City has in the
Program.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9134
A Resolution of the City Council of the City of Orange updating fees for the Transportation
Systems Improvement Program and amending and revising the Master Schedule of Fees and
Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to said fees.
MOTION - Spurgeon
SECOND - Mayor Coontz
Councilman Murphy commented he would be voting no on the motion because he would like to
see a fee comparison with other cities in the area. Councilman Slater concurred, suggesting the
item be continued to another meeting. Mayor Coontz indicated a comparison should be made
with cities that have a comparable level of development activities.
MOTION WAS WITHDRAWN BY MAYOR PRO TEM SPURGEON.
MOTION - Spurgeon
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to the September 14th meeting to allow staff to come back with some
preliminary figures.
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CITY COUNCIL MINUTES
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 7:32 p.m
dw/dA"-li~d:
CASSANDRA J. THCART, CMC
CITYCL
7 JOANNE COONTZ
MAYOR
August 10, 1999
PAGE 17