07-13-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON JULY 27, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 13,1999
The City Council of the City of Orange, California convened on July 13, 1999 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
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4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Pastor Ray, Church of the Living God
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Tape 60
Mayor Coontz announced the meeting will be adjourned in memory of Brian Cruz, son of
Community Services employee Bob Cruz.
Mayor Coontz recognized Lou Walsh (police Department) and Karen Angers (Finance
Department) for receiving the Manager of the Year Award from the City of Orange
Chapter ofthe National Management Association. (C2500.D)
Steve Satuloff, representing Target Stores, recognized the Police Department for working
with retailers in the community on fraud cases and presented a check in the amount of
$1,000, which was accepted by Police Chief Romero and Corporal Matt Miller.
Mayor Coontz made the following announcements:
. Approximately 10,000 people attended the 3M of July Celebration at Fred Kelly
Stadium, at which three POWs were recognized. Compliments were extended to the
Community Services Department for the success of the event.
. The Community Services Department sponsors free summer concerts at Hart Park
every Wednesday night at 7:00 p.m. through August 11th. On July 14th and August
12th the Fenians, an Irish musical group, will be performing at the Depot Park. There
will be country music at Hart Park on July 21 st.
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CITY COUNCIL MINUTES
July 13, 1999
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
. Reported on her attendance of the official closing ceremony of the EI Toro MCS on
Friday, July 2nd.
. Miss Orange, Stephanie Baldwin, competed in the Miss California Pageant in Fresno
and was among the top ten contestants.
. City's public access Channel 3 has a program shown daily called "The Silent Fall, a
Family Tragedy" relative to pool safety.
2.
PUBLIC COMMENTS
Tape 400
Richard Carlson, 153 S. Cambridge, spoke regarding vehicles blocking the sidewalk and
bike lane at 135 S. Cambridge and expressed concern for child safety. Mr. Carlson was
escorted from the Council Chambers for disrupting the Council meeting.
Carole Walters, (address on file), commented on the public's right to speak.
3.
CONSENT CALENDAR
Tape 585
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 13, 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.
3.2 Request Council Confirmation of warrant registers dated June 17 and 24, and July
1,1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting, June 16,
1999 and Regular Meeting, June 22, 1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
July 13, 1999
3. CONSENT CALENDAR (Continued)
AGREEMENTS
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3.5 Amendment to Gas Tax Exchange Agreement with OCTA. (A2100.0 AGR-2671.1)
SUMMARY: A legal action challenging the tax exchange agreement between various
cities and OCTA has been filed. The City's current agreement requires OCTA to defend
the City against such legal challenges. The reason for the amendment is so that the
language of all agreements with the various cities and OCT A will be the same. This
amendment does not change OCTA's obligation to defend the City nor does it make any
other significant changes to the current agreement.
ACTION: Approved Amendment to Gas Tax Exchange Agreement with OCTA and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None.
BIDS
3.6 Award of Contract - Bid No. 989-45; Project SP-3265; The City of Orange Fire
Station #8 Temporary Facility. (A2100.0 AGR-3294)
SUMMARY: Temporary Fire Station No.8 site, dedicated to the City of Orange as Lot
58 of Tract No. 15246 and located at the northeast corner of Cannon Street and Carver
Lane, provides increased service response to immediate hillside areas. This construction
project will provide interim site development and temporary fire station buildings. This
facility will be sited at the northeasterly end of the lot and will allow for future permanent
site development without interruption of community fire service.
ACTION: 1) Awarded a contract in the amount of $386,420.00 to Fleming
Environmental Inc., 6130 Valley View Street, Buena Park, CA 90620-1030 and
authorized the Mayor and City Clerk to execute the contract, 2) Appropriated
$200,000.00 from Assessment Fund 562 to Account No. 562-3021-481200-2683, Fire
Facilities Fees Area "C", for the construction cost, contract administration cost, and
contingencies and, 3) Approved a Reimbursement Agreement for the advancement of
$150,000.00 from the City General Fund to the Fire Facilities Fees Area "C" Fund.
FISCAL IMPACT: With the proposed advancement of $150,000.00 from the General
Fund to the Fire Facilities Fees Fund, adequate resources will be available to fund this
project. Approval of the requested $200,000.00 appropriation will provide a total budget
of $664,000.00 in Account No. 562-3021-481200-2683, Fire Facilities Area "C",
(Temporary Fire Station No.8).
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CITY COUNCIL MINUTES
July 13, 1999
3. CONSENT CALENDAR (Continued)
3.7 Purchase Smithco Turf Sweepers on a Sole Source Basis, (C2500.N)
SUMMARY: Request Council approval to purchase two Smithco Turf Sweepers on a
sole source basis from H. V. Carter Co., Inc., in the amount of $35,968.33. City Council
is required to approve any equipment purchase on sole source basis.
ACTION: Approved.
FISCAL IMPACT: Funds are budgeted for FY 1999/00 in the following account: 100-
7022-424301 (Landscape Maintenance): $35,968.33. Total: $35,968.33
3.8 Proposal to approve plans and specifications and authorize advertising for bids for
the Annual Street Maintenance Asphalt Concrete Overlay Contract at various
locations for the fiscal year 1999-2000. (S4000.0)
SUMMARY: Plans and specifications have been completed for the Annual Street
Maintenance Asphalt Concrete Overlay at various locations. The project is ready for bid.
The estimated construction cost is $496,959.12.
ACTION: Approved plans and specifications and authorized bids for the 1999-2000
Street Maintenance Asphalt Concrete Overlay at various locations.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following account: 262-5021-483300-3120 - $600,000.00 (Street
Maintenance).
BUDGETCARRYOVERS
3.9 Request To Carryover Certain Fiscal Year 1998-99 appropriations to Fiscal Year
1999-00. (C2500.J. 1. 1 )
SUMMARY: Carryover appropriations are necessary for projects that were budgeted in
FY 1998-99 but not initiated during the fiscal year. Therefore, the funds for these
projects must be carried over into the new fiscal year to facilitate completion of the
projects and workplans.
ACTION: Approved.
FISCAL IMP ACT: Adequate funds had been appropriated and reserved in the Fiscal
Year 1998-99 budget for the various projects that were not initiated during the FY 1998-
99.
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CITY COUNCIL MINUTES
July 13, 1999
3. CONSENT CALENDAR (Continued)
3.10 CLAIMS FOR DAMAGES (C3200.0)
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The City Attorney recommends that the Orange City Council deny the following
Application to Present a Late Claim and Claim(s) for damages:
a. Ignacio Aguirre Avalos & Marisol Lopez
b. Martha Bryant
c. Fireman's Fund Insurance Co.
d. Paul L. Koenings
e. Paul Lennard
f. Jenny McCreadie
FISCAL IMPACT: None.
ACTION: Denied Application to File a Late Claim and claim(s) for damages and
referred to City Attorney and Adjuster.
CONTRACTS
3.11 Amendment No. 1 to Contract AGR-3096 for installation of traffic striping,
pavement markings and raised pavement markers at various locations within the
City of Orange, Bid No. 978-50. (A2100.0 AGR-3096.1)
SUMMARY: Paving Contractors Inc. was awarded a contract, on a competitive basis,
for traffic striping for the City in October 1998. The contract allows for annual renewals
for up to two (2) years based on mutual agreement. It is proposed to renew the contract
for 1999-2000 in an amount not to exceed $100,000.
ACTION: Approved Amendment No.1 to Contract AGR-3096 in an amount not to
exceed $100,000 for installation of traffic striping, pavement markings and raised
pavement markers at various locations within the City of Orange, and authorized the
Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: $100,000.00 for this contract was appropriated for the 199912000
Fiscal Year and is available utilizing Gas Tax Exchange Funds in the Contractual
Services Account No. 273-5032-427100.
3.12 Appropriation of $50,000 for Vista Royale security enforcement to Patrol One.
(A2100.0 AGR-3279.A)
SUMMARY: During the month of May 1998, the City Manager in his capacity as Director
of Emergency Services ordered the evacuation of five homes in the Peralta Pointe and 10
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CITY COUNCIL MINUTES
July 13, 1999
3. CONSENT CALENDAR (Continued)
homes on Vista Crest (Vista Royale) area. Since the ordered evacuation the area has been
secured and is monitored on a 24-hour basis.
ACTION: The City Attorney's Office recommends that City Council:
1. Authorized the Mayor and City Clerk to sign contract not to exceed $50,000 with
Patrol One for the security services provided in the Vista Royale area.
2. Appropriated from Self Insurance Fund unreserved fund balance $50,000 to account
740-0301-427800-00106 (Self Insurance-Liability Fund-City Attorney-Contractual
Services- Vista Royale).
FISCAL IMP ACT: Unreserved fund balance is available in the Liability Fund to make this
appropriation. The City is monitoring all emergency expenses pertaining to this issue and
will if possible seek reimbursement for all costs.
DONATIONS
3.13 Accept and transfer $500 gift from the Soroptomist International of Orange into the
Library Patron Donation Fund. (C2500.I)
SUMMARY: The Soroptomist International of Orange generously donated $500 to the
Orange Public Library to purchase Books on Tape.
ACTION: Accepted the $500 gift and appropriated $500 to Account No. 100-2001-
443101-9986 (Library Materials) to purchase Books on Tape.
FISCAL IMP ACT: In order to expend this donation, funds must be appropriated into a
Library Materials Expenditure Account. This transfer has no fiscal impact on the overall
budget.
3.14 Accept grant award from Target Stores and appropriate funds to purchase
photographic equipment for the Police Department. (C2500.K)
SUMMARY: The Police Department would like to expand its use of digital
photography. The Training Division and Graffiti Removal Program have requested
digital cameras. They currently use Polaroid and 35mm cameras. These cameras cannot
take advantage of the many options available with digital photography. Target Stores
have graciously provided grant funds to upgrade the Police Department's interview
rooms with state-of-the-art equipment.
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CITY COUNCIL MINUTES
July 13, 1999
3. CONSENT CALENDAR (Continued)
ACTION: 1) Accepted the grant award in the amount of $1,000 and 2) Appropriated
$1,000 to Account No. 100-4011-441600 (General Fund - Police Administration -
Miscellaneous Materials & Supplies) to enable the Police Department to purchase two
digital cameras.
FISCAL IMPACT: None.
RATIFICATION OF DECLARATION OF EMERGENCY
3.15 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract).
ACTION: Approved.
RESOLUTIONS
3.16 RESOLUTION NO. 9135 (C2500.J.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Management Association
Concerning Wages, Hours, and Other Conditions of Employment Effective March 1,
1999 Through and Including June 30, 2002, and Repealing Resolution No. 8649 and
Amendments Thereto for Said Employees.
ACTION: Approved.
3.17 RESOLUTION NO. 9144 (A2100.0 AGR-3066)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement, Bid No. 978-44, Computer Service Company;
for Traffic Signal and Striping Improvements at Various Locations.
ACTION: Approved.
3.18 RESOLUTION NO. 9137 (C2500JAA.l)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Water Department Employees'
Association Concerning Wages, Hours, and Other Conditions of Employment For the
Period of March 1, 1999 through June 30, 2002, and Repealing Resolution No. 8595 and
Amendments Thereto for Said Employees.
ACTION: Approved.
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CITY COUNCIL MINUTES
July 13, 1999
3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 9138 (C2500JAA)
A Resolution of the City Council of the City of Orange Approving the terms of the
Memorandum of Understanding Between the City of Orange and the Orange
Maintenance and Crafts Employees' Association Concerning Wages, Hours, and Other
Conditions of Employment For the Period of March 1, 1999 through and including June
30, 2002, and Repealing Resolution No. 8640 and Amendments Thereto for Said
Employees.
ACTION: Approved.
3.20 RESOLUTION NO. 9145 (S4000.S.7)
A Resolution of the City Council of the City of Orange requesting the Orange County
Transportation Authority to allocate Combined Transportation Program funds for
construction of the Main Street and Chapman Avenue Intersection Widening Project No.
95-0RNG-1150.
ACTION: Approved.
3.21 RESOLUTION NO. 9146 (A4000.0 APP-457)
A Resolution of the City Council of the City of Orange denying Appeal No. 457 and
upholding the decision of the Planning Commission and the Design Review Board to
deny the use of a composite wood product as replacement siding on a historic residential
structure located at 133 South Shaffer Street in the Old Towne Historic District.
Appeal No. 457, Design Review Board Application No. 3384
Applicant and Appellant: Lemar Lundquist, Prior Council action on May 11, 1999 to
deny Appeal No. 457.
ACTION: Approved.
3.22 RESOLUTION NO. 9149 (A2100.0 AGR-3231)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-26; S.P. 3256; Micon
Construction; Orange Fire Department Station No.6 Barrier Wall.
Mayor Coontz asked that location be included on the agenda for the benefit of the public.
ACTION: Approved.
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CITY COUNCIL MINUTES
July 13, 1999
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9153 (A2100.0 AGR-2753)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work improvement; lighting and mechanical improvements; Aircon
Energy, Inc.; Civic Center, Police Facility, Senior Citizens Center, Fire Headquarters, and
Main Library.
ACTION: Approved.
TRACT MAP
3.24 Request Council approve the recordation of Final Tract Map No. 15548. (T4000.0
TRT-15548)
SUMMARY: Beazer Homes Inc. is requesting the City Council approve the recordation
of Final Tract Map No. 15548. On July 13, 1998, the City Council approved the
Tentative Tract Map No. 15548. The Final Tract Map has been signed and conforms to
the approved Tentative Tract Map. All fees have been paid and bonds posted to
guarantee improvements.
ACTION: Approved.
FISCAL IMPACT: None.
TRAFFIC SAFETY
3.25 Designation of ONE WAY street for Olive Street between Buena Vista Street and
Orange-Olive Road, and installation of a RIGHT TURN ONLY - BUSES EXEMPT sign on
Olive Street at Orange-Olive Road. (S4000.S.3.3)
SUMMARY: The proposed implementation of a ONE WAY street in front of Olive
Elementary School and the proposed turn restriction for Olive St. at Orange-Olive Rd. are
considered to improve the safety and efficiency of traffic circulation around the Olive
Elementary School which is scheduled to open next Fall.
ACTION: 1) Approved the designation of ONE WAY street (northbound) on Olive Street
between Buena Vista Street and Orange-Olive Road; and 2) Approved the installation of
a RIGHT TURN ONLY - BUSES EXEMPT sign on Olive St. at Orange-Olive Road.
FISCAL IMPACT: Funds for the proposed improvements are available in the 273 Gas
Tax Exchange Fund, utilizing Contractual Services Account #273-5032-427100.
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CITY COUNCIL MINUTES
July 13, 1999
3. CONSENT CALENDAR (Continued)
3.26 Request for the temporary suspension of time limit parking restrictions within
public parking lot K within the 100 block of S. Grand St. (between the Church and
the Economic Development Dept.) on Saturday, July 24,1999. (S4000.S.3.1.1)
SUMMARY: United Methodist Church of Orange is requesting the temporary
suspension of the time limit parking restrictions within municipal parking lot K on the
100 block of S. Grand St. to accommodate parking needs for a special event scheduled
for July 24, 1999.
ACTION: Approved.
FISCAL IMPACT: None.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 624
4.1 Cities/Schools Coordinating Committee
Cooperative Agency Purchasing/Y outh Services Council of Orange
Emergency Response Training
Mayor Coontz reported the City continues to work closely with the Orange Unified School
District (OUSD) on a number of issues of mutual interest to the City and OUSD through Joint
Use Committee. Information and resources are shared to identify areas where the City and
OUSD can join forces to improve programs and services. An example of the joint effort is the
issue on the Council agenda Consent Calendar today for safety improvements to benefit children
attending Olive School. Youth safety is a topic that weighed heavily on minds and hearts this
Spring. Earlier this year, the Orange Police Department helped the OUSD prepare Safe Schools
information to help staff members respond to crisis situations such as earthquake, accidents, and
even violence, such as shootings and riots. The OUSD will make a presentation on Crisis
Response and Youth Safety Program at the next Cities-Schools Coordinating Committee
meeting.
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CITY COUNCIL MINUTES
July 13, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
The former Gang Diversion Task Force has been expanded and renamed the Youth Services
Council of Orange and will focus on all issues relevant to the local youth. The new group will
continue to serve as a forum for addressing community concerns as a result of major events and
will function as a public resource to provide information that meets the needs of youth in the
community. The information will range from summer programs to mentoring and counseling,
job opportunities, etc. Many outstanding local organizations have agreed to participate. The
City is thankful that the community is working on this as a team effort. The Orange Police
Department and City staff will be working with OUSD, Rotary Club, the County, St. Joseph
Hospital, CHOC, Friendly Center and Orange Cares.
The City has some ability to assist and aid the OUSD through other programs and services
offered by the Police and Community Services Departments. A sampling of services the City
offers include:
· The School Resource Officer Program which puts a police officer on the school campus.
. Police Officer's can take students caught skipping school to the Truancy Learning Center
where an assessment is conducted to determine why they are truant.
. Buckle-Up Bear teaches young students the importance of seat belts.
. Every 15 Minutes is a powerful program that demonstrates the dangers of drinking and
driving to high school students.
. The City's after-school recreation programs minimize the idle time for kids ages 6-12.
. The City's mobile recreation van takes activities to neighborhoods where parks and other
recreational services are limited.
. The City works with the County on guidance and counseling programs to identify problems
and help at-risk youths in the City.
The school district is also assembling a list of their programs and services to share with the City.
Another new City-School District effort is the Cooperative Purchasing Program. The purchasing
departments of both agencies have analyzed a listing of OUSD bids to determine commodities
and services used by the City. The bottom line is that money can be saved. Councilman Murphy
added that the idea of cooperation between the agencies to find better discounts and larger
quantity buys for services that are used by both agencies is starting to work. Initial examples of
this are already being seen.
5.
REPORTS FROM COUNCILMEMBERS
Tape 762
5.1 Councilman Alvarez - Lead a discussion to have the City Council authorize the
formation of a non-profit corporation to which individuals and businesses could be
solicited to make tax deductible financial contributions for various community projects and
services that benefit the community. (Continued from June 22, 1999 Council meeting.)
(C2500.N)
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CITY COUNCIL MINUTES
July 13, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
The Director of Community Services reported the idea of a Community Services Foundation was
conceived in the Community Services Department approximately two years ago. It has taken
this amount of time to put a strategy and plan together for possible implementation. The
Foundation would allow for private donations from corporations, businesses and individuals as a
non-profit under state and federal law, and for the charitable donations to be tax deductible.
Flexibility makes the Foundation acceptable in terms of identifying additional programs,
enhancement of existing programs, and diversity of programs of interest to the City in the next
few years. It would also allow targeting parks for various refurbishment and renovation.
Specific goals and objectives need to be developed once the Foundation Board is formally in
place. Goals and guidelines are critical to the implementation process. The incorporation as a
non-profit by the State takes approximately 60 to 90 days. The 501(c)(3) process takes
approximately 90 to 120 days, which allows donations to be tax-deductible. Overall, the process
will take approximately five to seven months.
Councilman Alvarez suggested an independent contractor be interviewed and hired to run the
Foundation, during the interim period while the application is being processed. Pledges and
corporate sponsors can be lined up and ready to go once the process is completed. The benefit of
hiring an independent contractor would be accountability to the City Manager. The Foundation
would benefit the children of the City. He spoke with former Supervisor Steiner regarding his
familiarity with an individual who has a history of fundraising for children in Orange County.
He further commented on ideas received from former Supervisor Steiner relative to hiring an
independent contractor and public/private type partnerships in the County.
Mayor Coontz commented she received telephone calls from two youth organizations in the City
who questioned whether the Foundation would be for broad-based activities, including youth. A
reference as such was made at the June 2200 meeting. As a number of non-profit organizations in
the City have foundations, there may be concern that everyone is looking for the same money. It
is important that the Foundation focus on exactly where the money is going. Will the
Foundation be in competition with the youth groups in our City? It was noted that tax deductible
donations are changing how money is given, adding that strategic alliances now allow for
corporate entities to work out long range plans and a return given for donations through means of
publicity. It was noted that other cities have been successful with in-house personnel. The
Council needs to know what kinds of monies have come to the City through the extremely
successful fundraising efforts undertaken by the Community Services Department for sponsored
events.
In response to Mayor Coontz, the Director of Community Services explained the City is looking
at the diversification and enhancements of City programs and special events, and needed
refurbishment and renovation of park area, which is how the Foundation's goals and objectives
need to be directed.
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CITY COUNCIL MINUTES
July 13, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilman Murphy expressed support of the Community Services Foundation in concept and
initiating the application filing process. It would be premature to direct an exact approach on the
creation ofthe foundation, as more research and time is needed to review different alternatives.
Councilman Slater suggested staff return to Council with a report on options to consider on
proceeding with the Foundation, volunteer vs. professional director, procedures for selection, etc.
Mayor pro tern Spurgeon commented it may be better to hire a professional director, once the
Foundation has been established.
Barbara DeNiro, (address on file) expressed support for the Community Services Foundation and
helping children, but concern with potential conflicts of interest and favoritism being given to
contributors. Are donations deductible on federal and state taxes? Would the City or the
corporation pay for an independent contractor to run the Foundation?
The City Attorney explained donations would be tax deductible once the applications are
approved by the State and Federal government. Conflict of interest issues would be addressed in
the Foundation's by-laws. The contractor could be paid a contingent amount based on the
percentage of funds brought in or by a set salary.
MOTION -Alvarez
SECOND -Murphy
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct staff to file the necessary paperwork and pay the appropriate fees to establish a
5013(c) non-profit charitable foundation.
MOTION -Alvarez
SECOND -Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct staff to interview and develop proposals and return to Council with a range of
alternatives to select from on how to populate and formulate the Community Services
Foundation once it has been approved.
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CITY COUNCIL MINUTES
July 13, 1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1571
6.1 Appointments to the newly organized Design Review Committee. (Four Year Terms
to expire June 2003) (Continued from the June 22, 1999 Council meeting.) (ORI800.0.8.1)
Mayor Coontz reported the goals ofthe new Design Review Committee are as follows:
. To provide a more efficient and effective process for quality customer service.
. To provide direction and tools to the reviewing body so they may fully understand their role.
. To improve accountability to the Council, community and citizenry.
Councilmembers Murphy and Slater were acknowledged for serving on the sub-committee to
reorganize and redirect the new Design Review committee. Randy Bosch was recognized for
serving as Chair to the Committee. Letters of appreciation were sent to past Design Review
Board members for their years of dedicated service to the City.
Carole Walters, (address on file), asked if every Councilmember interviewed the recommended
appointees? Concern was expressed with members working in the Plaza area and/or the
references provided on their applications. Why weren't individuals chosen from other areas of
the City? Councilman Murphy explained the inapplicability of conflict of interest laws relative
to the location of a business. Mayor Coontz commented that many architects work in the Plaza
area.
Mayor pro tern Spurgeon commented for the record that he has never supported the concept of
the existence of a Design Review Board. It could be better performed by a staff function
advisory to the Planning Commission. However, he will vote for the recommended
appointments to the Design Review Committee as he is satisfied with their qualifications and
references.
Councilman Slater commented his first preference would have been to retain the Design Review
Board members. However, Mayor Coontz did a very thorough job in researching and making
nominations to the Design Review Committee. The people chosen are highly qualified and it is
good to have a fresh start with new members.
MOTION - Mayor Coontz
SECOND - Slater
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the appointments of Mark Paone, Susan Secoy, Leonard Filner, and Joe
Woollett to the Design Review Committee, terms to expire June, 2003.
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CITY COUNCIL MINUTES
July 13, 1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
6.2 Reappoint Councilmembers Murphy and Slater to the Audit Committee as Ex-
Officio Members, terms to expire 0112001.
--
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
6.3 Accept the resignation from Linda Zehner from the Community Development Block
Grant Committee and instruct the City Clerk to begin Maddy Act requirements.
(ORI800.0.8.3)
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to accept the resignation and directed a letter be sent thanking Linda Zehner for her
servIce.
6.4 Reappoint William Warne to the Orange Public Library Board, term expire 6/2002.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
7.
ADMINISTRATIVE REPORTS
Tape 1909
7.1 Report from the City Attorney regarding the status of Orange County Bankruptcy
Litigation. (Continued from the June 22, 1999 Council meeting.)
The City Attorney reported the County settled for $140,000 with the last remaining defendant,
Standard and Poors. This settlement paves the way for the $860.7 million settlement to be
distributed amongst the various public agencies. The Standard and Poors settlement must still be
approved by the court. It will be a few months before the City starts receiving funds. Due in part
to the City going forward with its own lawsuits against Hartford Insurance and KPMG Peat
Marwick, it is anticipated that the City will recover over 100% of its funds. It is anticipated that
figures will be received in the next few weeks.
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CITY COUNCIL MINUTES
July 13, 1999
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report from the City Attorney regarding membership criteria for Orange Park
Acres Planning Committee. (ORI800.0.26.1) Tape 1982
The City Attorney reviewed changes made to the proposed criteria for the Orange Park Acres
Planing Committee as recommended in a letter written by Shirley Grindle dated June 15, 1999
and presented the new Orange Park Acres Planning Committee Membership Criteria.
OPA PLANNING COMMITTEE MEMBERSHIP CRITERIA
1. Number of Committee Members
Five regular members and one alternative. The alternate shall serve and have full voting
authority at any meeting in which at least one member is absent. The alternate shall fill any
vacancy until such time as the vacancy is filled by the City Council.
2. Committee Member ReQ}lirements
A. Must, at all times, be a resident of Orange Park Acres.
B. Must have a demonstrated active interest in Orange Park Acres community
affairs.
C. Other than potential financial impacts on a personal residence, must abstain
from any recommendations in which the committee member may have a
financial interest.
3. Method of Selection
A. All members shall be appointed by the Mayor, subject to the approval of the
City Council.
B. Two members shall be selected from the unincorporated area of Orange Park
Acres and two from the incorporated area. One member shall be
recommended by the Orange Park Acres Homeowners Association and may be
from either the unincorporated area or incorporated area.
4. Terms of Membership
A. Members to serve alternating two-year terms so that no more than three
regularly scheduled vacancies occur in anyone year. To achieve this result
the terms ofthe two positions, as designated by the City Council, shall be until
January 1,2002.
5. Fi11in~ Vacancies
A. All vacancies shall be filled to maintain the makeup of the committee, i.e., if a
unincorporated position is vacant, it shall be filled by a member from the
unincorporated area.
B. Remaining committee members may make recommendations to fill
unscheduled vacancies to the Mayor.
PAGE 16
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CITY COUNCIL MINUTES
July 13, 1999
7. ADMINISTRATIVE REPORTS (Continued)
The City Attorney further stated that the Committee is subject to the Brown Act. An opinion
will be requested from the Fair Political Practices Commission (FPPC) as to whether conflict of
interest laws will apply to the Committee. A memo will be sent to Committee members
apprising them of the statutes.
Marilyn Ganahl, 20351 Lewis Drive, Co-chair for COPAC, spoke regarding representation on
the Orange Park Acres Committee. The spirit of the Committee was not to exclude participation
by the active leadership and the elected body of Orange Park Acres. County representation
should not be excluded. A letter from Supervisor Todd Spitzer was provided for the record.
Mayor Coontz responded that County representation has not been excluded from the Committee.
The City Attorney explained the criteria remains that two members be selected from the
unincorporated area and two members from the incorporated area.
Carole Walters, (address on file), suggested the Orange Park Acres Planning Committee issue be
left alone and be the way the people want it.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, urged Council to approve the criteria
proposed by Shirley Grindle, as revised by the City Attorney. The issue of representation of the
Orange Park Acres Association on the OP A Planning Committee has been clarified. The Mayor
must appoint from a list provided to her for that purpose by the Orange Park Acres Association.
Councilman Slater expressed support for the recommendation. Is Scott Richmond temporarily
filling the vacancy on the Committee which was created by Mark Harris' resignation? Does the
vacant seat created by Mark Harris' resignation belong to the OPA Association? Clarification
was requested as to whether it is OPA Association's recommendation to fill that seat or who the
vacant seat belongs to Since the four individuals currently serving on the Orange Park Acres
Planning Committee were appointed by the City Council, the next vacancy should be a
recommendation by the OP A Association Board.
Mayor Coontz responded she will agendize the vacancy on the OP A Planning Committee for the
July 27th agenda and Councilman Slater's questions will be addressed at that time. However, if
additional time is needed to review the recommendations and applications, it may have to be
continued to the next Council meeting.
The City Attorney recommended a determination be made, before the OP A Association makes a
recommendation, that the four permanent Committee members be comprised of two members
each from the city and county areas. The Director of Community Development was directed to
determine whether the current members reside in the city or county.
In response to Councilman Murphy, the City Attorney clarified all committee members must, at
all times, be a resident of Orange Park Acres. Councilman Murphy suggested that the City Clerk
make available to the OPA Association Board a copy of the applications submitted.
PAGE 17
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CITY COUNCIL MINUTES
July 13, 1999
7. ADMINISTRATIVE REPORTS (Continued)
Laura Thomas, 7211 Clydesdale, Orange Park Acres, suggested criteria for membership on OPA
Planning Committee be that the member must be a resident/property owner.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to accept the recommendations by the City Attorney for the criteria to be revised for
adoption, including criteria that the member must be a resident/property owner of Orange Park
Acres, and direct the City Attorney to seek the Fair Political Practices Commission's opinion on
the applicability of conflict of interest laws to the OP A Planning Committee.
7.3 Appeal by Mayor Coontz of the City Traffic Commission's decision regarding truck
weight restriction on Chapman Ave. between Tustin St. and Batavia St. (S4000.S.3.9)
Tape 2786
Mayor pro tern Spurgeon requested further clarification from the City Attorney relative to an
appellate court decision on appeals by Councilmembers, suggesting that perhaps the terminology
used needs to be changed. The City Attorney indicated he would further review the subject.
Mayor Coontz explained the reason for the appeal was Council had unanimously directed this
issue to the Traffic Commission and that it had not come to Council for review.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to July 27, 1999.
7.4 Report from Director of Community Development on status of the Mills Act
Program. (C2300.I.2) Tape 2980
Note: Councilman Slater abstained on this issue due to ownership of several properties in Old
Towne which could benefit from the Mills Act Program and left the Council dais. Councilman
Alvarez abstained on this issue as he may be a potential user of the Mills Act, with property
interests at 131 S. Glassell and 60 Plaza Square, and left the Council dais.
The Director of Community Development reported the Mills Act allows property owners to
receive a property tax savings in exchange for improvements to their historic properties. The
loss of property tax to the City through the implementation of the 10 Mills Act properties
approved as part of the initial one year "pilot" program will be approximately $1796.00, which is
less than was anticipated. Currently, there are 32 property owners who have expressed interest in
participating in the Mills Act Program. If 32 applications were completed and processed, 32
historical structures would be improved within the community, at an approximate $6,000
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CITY COUNCIL MINUTES
July 13, 1999
7. ADMINISTRATIVE REPORTS (Continued)
reduction in property taxes collected by the City. Limiting the number of applications to 20 per
year in future years is for staff to be able to keep up with the administrative workload, as annual
reviews are required for each contract. In response to Mayor Coontz, it was noted that staff
hours required to process a typical application for a building in good condition does not exceed
four hours.
Barbara DeNiro, (address on file), requested clarification on what is being recommended? Is
there a list of who the applicants are and what repairs will be made to their properties? The
Director of Community Development explained the recommendation is to extend the Mills Act
Program to all 32 property owners who have expressed interest, and process those applications
this calendar year. In following years, applications will be limited to 20 per year. The amount of
applications was based upon the interest expressed in the community and the property tax
reduction to the City not being a substantial amount. If the extension is approved, individual
applications will be brought back to Council which will indicate property improvements to be
made. The target date for the City to get information to the County Assessor is the beginning of
December, in order for the property tax savings to be seen on next year's tax assessment.
Carole Walters, (address on file), asked if the City inspects the property to ensure the
improvements are being made? The Director of Community Development responded an annual
inspection and report is made on all properties.
Mayor Coontz commented that Old Towne is on the National Register of Historic Places, and a
number of homes in the historic area are in need of repair. It benefits the City for individuals to
take these projects on their own.
Speaking in support:
Mark Bowie, 604 South Grand Street, (application on file)
Ryan Dierking, 365 S. Pixley, urged Council to consider his application filed today.
Wood Harter, 338 E. Palmyra Avenue, (application on file)
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon
ABSENT - Slater, Alvarez
Moved to receive and file the report and direct staff to extend the Mills Act Program, accepting
and processing the applications from up to 35 property owners that have expressed interest; and
limiting applications to a maximum of20 per year for each following year.
Councilmen Slater and Alvarez returned to the Council dais.
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CITY COUNCIL MINUTES
July 13, 1999
8. REPORTS FROM CITY MANAGER - None
9.
LEGAL AFFAIRS
Tape 3570
9.1 ORDINANCE NO. 12-99 (A2500.0 Purchasing)
An Ordinance of the City Council of the City of Orange repealing Chapter 3.08 of the Orange
Municipal Code and adding a new Chapter 3.08 to the Orange Municipal Code relating to the
City's centralized purchasing of materials, supplies and equipment, professional services and the
selection of contractors to perform Public Works projects.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 12-99 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 16-99 (A2500.0 Outdoor Dining)
An Ordinance of the City Council of the City of Orange adding Section 12.18.080 to the Orange
Municipal Code relating to the effective date for the outdoor dining ordinance.
Barbara DeNiro, (address on file), asked if the Ordinance allows drinking alcohol on outside
patios? Does it apply to the Old Towne area? Will there be one lane of traffic in the Plaza area?
Responses provided were as follows: The Ordinance does not allow drinking alcohol on outside
patios; it applies only to the Old Towne area; and the Ordinance only pertains to outdoor dining.
Carole Walters, (address on file), asked if this issue has been discussed with the businesses that
have outdoor dining? The Director of Community Development responded that is has.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 16-99 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
Tape 3765
The City Council recessed at 6:30 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). (This item was not discussed).
PAGE 20
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CITY COUNCIL MINUTES
July 13, 1999
11. RECESS TO CLOSED SESSION (Continued)
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 -
existing litigation.
-
1) Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 78 02 84
(This item was not discussed).
2) City of Orange v. George S. Walker, et aI., Orange County Superior Court Case No. 78 33
77
3) City of Orange Claim against County of Orange relating to Y orba Park.
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 and Beazer Homes Holdings Corp. (The City Attorney noted Beazer Homes Holdings
Corp. should read Shepherd Academic); 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.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 3820
Carole Walters, (address on file), asked if Richard Carlson will be allowed to come back at the
next meeting and expressed her opinion relative to Mr. Carlson being escorted out by police
officers at the 4:30 p.m. session. Mayor Coontz suggested Ms. Walters discuss this with the
Police Chief. The City Manager noted this is the fifth time Mr. Carlson has had to be physically
removed from the Council Chambers.
Barbara DeNiro, (address on file), commented on Mr. Zehner's proposed projects and the El
Toro MCS closure. Ms. DeNiro expressed safety and liability concerns due to large tree
branches falling from her neighbors property at 1128 E. Adams, suggesting the trees be trimmed
in this area.
13. PUBLIC HEARINGS
.-
13.1 ADOPTION OF 1998 CALIFORNIA FIRE CODE (A2500.0 Fire Uniform Code)
Tape 1820
The public hearing for the purpose of considering adoption of the 1998 California Fire Code and
other amendments has been continued from June 22,1999.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
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CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 15-99
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code to adopt the 1998 California Fire Code and other amendments.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 15-99 be read by title only and same was approved and adopted by
the preceding vote.
13.2 LANDSCAPE MAINTENANCE DISTRICT 82-1, ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SHADOW RIDGE)
(LI200.0 LMD-82-1) Tape 1851
Time set for a public hearing on the annual levy of assessments to fund the costs and expenses
for the maintenance of the improvements in Landscape Maintenance District No. 82-1, which is
located westerly of Meats Avenue in the vicinity of Marywood and Shadow Ridge Streets, Tract
10486.
The City Clerk announced that notice has been given in the manner and form as required by law
and a Certificate of Compliance is on file and open for public inspection for Lanscape
Maintenance Districts 82-1, 86-2 and 94-1.
The Director of Public Works reported that Landscape Maintenance Districts 82-1, 86-2, and 94-
1 assessments are unchanged from last year. The Districts are located in the Shadow Ridge Area,
Santiago Hills, and Sycamore Crossing Projects, respectively. In all three districts, the City is
collecting less than the expenses of the Districts in order to draw down the reserves that had
accumulated. It is expected this can be continued for one more year in District 86-2 (Santiago
Hills). The financial position of Santiago Hills will be examined during the coming year. The
other two District assessments will continue for some additional time. The Districts are being
financed by a combination of the direct assessments, interest earnings on the reserve, and draw
downs from the rate stabilization portion of the reserve.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Carole Walters (address on file), asked ifthere will be new tax on the property? The Director of
Public Works explained the Santiago Hills District was formed in 1982. In the event the
assessments are increased above the highest level that has been levied in the District, an election
would be required by mail ballot to each of the property owners within the District. A majority
vote would be necessary in order to approve the increase. He further explained that the Districts
PAGE 22
CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
were initiated during the development of the areas to provide for the maintenance of the open
space provided within the boundaries of the tracts. The Districts are developer districts that were
formed with a 100% petition of the landowners at the time, which meets the requirements of
Proposition 218.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
RESOLUTION NO. 9150
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the levy of the annual assessment for Special Maintenance District 82-1.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9150.
13.3 LANDSCAPE MAINTENANCE DISTRICT NO. 86-2, ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SANTIAGO HILLS)
(LI200.0 LMD-86-2)
Time set for a public hearing on the annual levy of assessments to fund costs and expenses for
the maintenance of the improvements in Landscape Maintenance District No. 86-2 within the
Upper Peters Canyon Specific Plan Area (Santiago Hills).
Note: Refer to Item No. 13.2 for discussion.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9151
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the levy of the Annual Assessment for Special Maintenance District 86-2.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9151.
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CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
13.4 LANDSCAPE MAINTENANCE DISTRICT NO. 94-1, ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SYCAMORE CROSSING)
(LI200.0 LMD-94-1)
Time set for a public hearing on the annual levy of assessments to fund the costs and expenses
for the maintenance of the improvements in Landscape Maintenance District No. 94-1 in the
Sycamore Crossing Tract.
Note: Refer to Item No. 13.2 for discussion.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9152
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the levy of the annual assessment for Special Maintenance District 94-1.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9152.
13.5 ZONE CHANGES 1199-99 AND 1200-99, BEAZER HOMES SOUTHERN
CALIFORNIA: (Z1500.0 ZCG-1199-99) Tape 4020
Time set for a public hearing on petition by Beazer Homes Southern California to consider Zone
Changes 1199-99 and 1200-99 to allow the adjustment of the boundary line between property
RO (Recreational- Open Space) and R-3 (Residential, Multi-family). The property is located on
the west side of Prospect Street between Walnut Avenue and Spring Street.
NOTE: The environmental impacts of the proposal were evaluated by approved Negative
Declaration 1531-97.
The Director of Community Development reported the recommended zone change is for an
approximate v.. acre of land out of approximately 22 acres of the Beazer holdings on the west
side of Prospect Street. The intent is to keep the zoning boundary the same as the southern edge
of the tract boundary, which is zoned RO (Recreational- Open Space). The northern boundary is
zoned R-3 (Residential, Multi-family) for the future tract development.
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CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Fred Talarico, representing Beazer Homes, 1100 Town and Country Road, No. 110, Orange,
indicated he was available to answer any questions.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Approved Zone Change 1199-99 as outlined in Planning Commission Resolution No. PC-40-99.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Approved Zone Change 1200-99 as outlined in Planning Commission Resolution No. PC-41-99.
13.6 PROPERTY ACQUISITION BY EMINENT DOMAIN, NORTHWEST CORNER
OF SPRING STREET AND PROSPECT AVENUE (C2500.M.14) Tape 4148
Time set for a noticed hearing on petition by the City of Orange to acquire the following property
by eminent domain: Northwest corner of Spring Street and Prospect Avenue, Assessor's Parcel
No.93-031-01, Property Owner of Record: Beazer Homes Holdings Corp. and/or Shepherd
Academic.
The City Attorney reported the primary action for Council to decide is whether or not to
authorize the City to file a legal action to condemn approximately 15 acres of undeveloped
property located at the northwest corner of Spring and Prospect Streets for public park purposes.
Prior to taking that action, the City Council will need to consider and adopt a Mitigated Negative
Declaration relating to the proposed park. The Mitigated Negative Declaration contains an
analysis of environmental impacts that could be caused by the proposed park, including traffic,
air quality, and noise. In order to form a basis for the environmental analysis, a conceptual park
plan was drafted, which proposes five soccer fields, a gymnasium/community center and a tot
lot. The City plans to conduct several neighborhood and community meetings, and bring back a
final plan for City Council approval which may require further environmental analysis and
reaffirmation of the environmental studies. The conclusion of the environmental analysis is that
with the implementation of 14 specified mitigation measures, the proposed park will not have a
significant environmental impact.
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CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
As to the condemnation action, by State law, the City is authorized to condemn private property
for public purposes, including for public parks. The City is required to have an appraisal done on
the property and offer the full amount of the appraisal prior to condemnation. The City had two
appraisals done on the property and offered both appraisals to the property owner. Both offers
were rejected. When the City made its first offer, the property was owned by Beazer Homes
Holding Corporation. When the second offer was made by the City, the property was still owned
by Beazer Homes Holding Corporation. At that time the property was in escrow, and Beazer
Homes Holding Corporation may not have had the opportunity to accept the offer. After the
second offer was not accepted, the City sent out a Notice of Intent to consider condemnation of
the property. Notices were sent to both Beazer Homes Holding Corporation and Shepherd
Academic. Soon after the Notice of Intent was sent out, escrow closed, noting it appears that
Shepherd Academic now owns the property. In order to file a legal action and condemn the
property, the City Council needs to adopt a Resolution making the following findings: 1) That
the public interest and necessity require the acquisition of the property for the proposed project;
2) That the proposed project is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury; 3) That the property is necessary for
the proposed project; and 4) That an offer has been made to the owner of record of the property
pursuant to California Government Code Section 7267.2. The requirement under Finding No.4
is that the City make the offer to the owner who appears on the latest tax assessment roll. At the
time the offer was made, the owner was Beazer Homes Holding Corporation. The purpose of the
hearing is to hear testimony about the public use and necessity and specifically is not for the
purpose of discussing the price to be paid.
The Director of Community Services reported the City Council will hold a Joint Meeting with
the City Council and Planning Commission on July 20th to discuss the final draft of the Master
Plan of Parks, which is a comprehensive analysis and inventory of usable acreage the City
currently has versus what the City needs. The City has approximately 137 usable acres, which is
not all active park acres and 42 12 acres are yet to be developed, most of which will be deemed
passive. The City currently uses approximately 13 12 acres of school site acreage, based on the
Joint Use Agreement with Orange Unified School District (OUSD). According to the Master
Plan of Parks, approximately 375 acres are needed to date, with a population use projected
increase in active youth sports. The City currently is approximately 190 acres under that amount.
The City desires to develop the proposed property as a sports facility soccer complex. The City
currently has three active tournament soccer play fields; nine fields used simultaneously for
soccer and football active practice time; and one field for active conference play, Orange Youth
Football. The current need identified in the Master Plan of Parks, based on National Park and
Recreation Standards is 31 fields for soccer active play, 50 practice fields, and approximately 10
football fields. At the present time, only five fields in the park system are lit, presenting severe
problems with the time change in October. Youth soccer sign-ups are up approximately 300 and
football sign-ups are up approximately 180. To date, there are approximately 20 additional youth
soccer teams and 4 to 5 additional youth football teams.
PAGE 26
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CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING
George Adams, 7425 Lewis, Orange, representing the property owner, Oakridge Private School,
commented Shepherd Academic, the entity that bought the property, is a non-profit corporation
and operates the Oakridge Private School, which is a non-denominational private school, Pre-K
through 8th grade. It was noted that the original plan submitted to the City included a tot lot,
public playground, soccer field, and a community center. Mr. Adams referred to the
misinformation that the 15 acres was dedicated as parkland, as there is no City requirement that
the land be dedicated as a park. Reference was made to Beazer Homes approach to the City in
1998 relative to acquiring the 15 acres of property and the City appraisal of the property prepared
by Curt Goepper. Mr. Adams stated the City should not condemn the property. The appraisal
shows the mistakes and errors that were made and how Shepherd Academic believed in good
faith they could buy the property because it did not appear that the City was interested.
The City Attorney advised Mr. Adams that the statute states the purpose of the hearing is to
determine the four findings as to whether the public use and necessity of the property requires the
acquisition of the property by eminent domain. The hearing is not to discuss price and terms.
Mr. Adams comments should be limited to the public use and necessity only.
Mr. Adams indicated he was not trying to negotiate the price, but set the record straight as far as
what has taken place. Oakridge Private School's proposal is to build a school on the northern
end of the property and a park on the remaining 7 acres of the property. The local community
needs a park, and many residents in the area have indicated they do not want a 15 acre park,
which would bring much more traffic. If the City feels that the only piece of property they can
use is their 15 acre piece of property, that is fine. Oakridge Private School will gladly give the
City the property. They only ask in return that the City replace the property. Oakridge Private
School is an innocent victim ofa lot of mistakes made by a lot of people and they would just like
a site in the City of Orange.
Mayor Coontz asked Mr. Adams to describe what is being proposed for the site. Mr. Adams
explained Oakridge Private School's proposal was to build a Pre-K through 8th grade school
which would consist of approximately 24 classrooms, a gymnasium, teachers lounge and
administration building, soccer field, and upper and lower grade playground. The gymnasium
would not be built at this time but soon in the future. The school classrooms would be modular
units.
Councilman Slater requested clarification from Mr. Adams as to whether he knew when escrow
closed that the City had instituted condemnation proceedings. Mr. Adams responded the City
had not instituted condemnation proceedings at that time. The City Attorney explained that
Notices on the Resolution of Necessity were sent out on June 16th. Escrow on the property
closed on June 21st. A notice was personally given to Mr. Adams. A month earlier, pre-
PAGE 27
CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
condemnation offer letters were sent by the City to Beazer Homes Holding and Shepherd
Academic.
SPEAKING IN OPPOSITION OF EMINENT DOMAIN PROCEEDINGS:
Rod Martin, 544 N. Turnberry Drive
Kathy Stone, 3735 Spring Street, supports park space
Betty Jensen, 3721 E. Springs Street, supports passive park space
Joseph DeCroix, 3724 El Carmen
Linda Martin, 2202 N. Azalea Drive, supports recreational facilities
Martin Marcus, 1971 Lerner Lane, supports park space
REASONS FOR OPPOSITION TO EMINENT DOMAIN: Lack of notification to homeowners; traffic
impact; liability to City; Oakridge Private School is offering to build a 7 acre park with no
investment to the City and is a wonderful private school; the majority of neighbors want a
family-oriented park; parties need to negotiate/compromise; eminent domain unfair to property
owners; new owners should not pay for City's mistakes; City had ample opportunity to legally
acquire the land; and the sports complex does not belong in areas surrounded by residents.
SPEAKING IN FAVOR OF EMINENT DOMAIN PROCEEDINGS:
Deborah Knefel, 4304 Townsend Avenue
Carter James, 1110 E. Mardel Avenue, President of Orange Junior Soccer Club, supports youth
sports park
Gina Cervino, 5941 E. Valley Forge Drive, supports sports park
Fred Smoller, 611 N. Glenrose Drive
David Carrillo, 1440 E. Barkley, Director of Coaches for Lancer Soccer, support sports park
Diane Montgomery, 2101 W. Mills, President of Orange Little League, supports sports park
Jay Boylan, 634 Heatherstone Drive, supports parks
Joe Schmidt, 4045 E. Rolling Green Lane, supports sports park
SPEAKING IN FAVOR OF PARK SPACE:
Stu Livingstone, 515 E. Maple, supports youth sports park
Bob Torres, 4525 Agua Way, supports park space
Chandice Williams, 205 S. Willow Springs Road, supports youth sports
Eddie Albright, 642 N. Glenrose, supports sports park
Elden Neben, 414 N. Swidler
Carole Walters, (address on file), supports a passive park
Jean Heinlein, 448 Swidler, supports a passive park
~_._~----~--
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CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
REASONS FOR SUPPORT OF EMINENT DOMAIN PROCEEDINGS AND/OR PARK SPACE: The City should
have 375 acres of open space and currently only has 137 acres; sports parks are a good
investment for the youth; positive impact on children; teaches the youth sportsmanship,
teamwork, respect, brings together all ethnic backgrounds, and pulls them away from MTV,
video games, and the violence on television; sports are a healthy, physical activity; and sports
create an involved community of parents and families.
Barbara DeNiro, (address on file), spoke in a neutral position.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
In response to Ms. Heinlein, the Director of Community Services explained the difference
between passive and active parks.
The City Attorney provided answers to questions addressed as follows:
. In response to Mr. Martin's comment relative to the City accepting the offer of dedication
because it was free. The City would still need to build and maintain the fields and the
community center.
. In response to Ms. Stone's question as to why the three interested parties didn't get together
and resolve this issue. Appraisers had differing views of what the property was worth, and
the values varied greatly.
. In response to Ms. Walters statement that the park and eminent domain should be separate.
This cannot be done. By law, in order to condemn property, the purpose for the eminent
domain must be identified. There needs to be a conceptual plan as a basis for the
environmental analysis. Through a series of community meetings and workshops, a final
plan will come back to Council and any additional environmental analysis that needs to be
done.
. In response to Ms. DeNiro regarding the building on the park, i.e. what can be there from a
permanent standpoint. There are a couple of locations that have been identified where a
permanent building could be placed. The majority of the park is not suitable for permanent
buildings. This is the reason why Shepherd Academic had proposed modular units which can
be adjusted as the soil settles.
. In response to Ms. Heinlein's question regarding the $75,000 spent on Secor. Secor prepared
a soils analysis and have advised the City as to what remediation would be necessary for the
soccer fields and the permanent buildings.
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CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
COUNCIL COMMENTS:
Councilman Slater commented, in reference to Beazer Homes, that some companies need to learn
that there is sometimes more at stake than the bottom line. With regards to the City being
offered half of the site for free, money or saving money sometimes cannot be a substitute for
everything, especially when talking about scarce land that will have long term benefits for the
future of Orange. The long term benefits are far more important than saving a few short term
bucks. The City is about to spend $2 million to replace one of 17 City reservoirs which the City
depends on for its water supply. The City can certainly afford to spend money to purchase a 15
acre park and develop it. Purchasing the entire site is a small investment to make for what will
be long lasting benefits to the residents of Orange. The site is a perfect location; centrally
located in the City; and no matter what it ends up being, which is truly to be decided down the
road, there are so many needs and uses that the City has. The City needs plain open space,
passive parks, active parks, gymnasium/community center, and a bark park (as some people have
suggested). The City needs fields for kids to play on. There is such a deficit to make up for in
the City. The bottom line is, once land is developed, it is gone forever. Eminent domain is a last
resort issue. However, this is a last resort and this is what it comes down to. The owner of the
site should be paid the fair market value. Oakridge Private School is an excellent school and the
hope is that they are successful in finding another site. However, the City cannot afford to
sacrifice any more of its valuable open space.
Mayor Coontz commented it has been one of her main goals and that of the Council to see that
the youth are provided with programs. It has been a struggle to get the space that the City has
now. McPherson was a difficult process which the City learned a lot from. One reason for
having a cooperative meeting once a month with the OUSD is to see if the City can inch out a
few yards more here and there of space in order to provide more youth sports activities. In
Spring of this year, across the nation, there was great concern about youth and school safety. It
has been demonstrated tonight that youth sports is one way to find positive activities for the
youth and give them all the character building that they need. Safety issues are a concern to the
City of Orange and the OUSD. The City has many programs through the Police and Community
Services Departments. Many of the people who spoke tonight devote a great deal of time and
personal money to help improve and maintain the fields and making provisions to the fields and
teams to make them successful. The City needs more land space to meet tomorrow's needs of
our youth. Because women can now participate in sports it has increased enrollment.
Mayor pro tern Spurgeon commented this is the first time he has been involved in anything like
this type of condemnation, which he finds distasteful. However, he has an obligation to realize
there is a compelling need to commence with the process. It is hoped that when the process
begins, the City can continue discussions with the appropriate individuals on other types of
negotiations that he considers ongoing. The City is interested and has been interested in the
property and has an obligation to see it through. He will reluctantly support the condemnation
process.
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CITY COUNCIL MINUTES
July 13, 1999
13. PUBLIC HEARINGS (Continued)
Councilman Murphy commented the property has always been meant to be a park and the
Council has been interested in the property being used for park space. Disappointment was
expressed that this could not be figured out differently, indicating he is reluctantly considering
eminent domain as a last resort. Sports are important for the youth and providing kids an
opportunity to have a place to go and learn about teamwork, etc. There are thousands of kids in
Orange relying on the City to begin the long journey of catching up on space that should have
been acquired before now. He will support eminent domain, with the hopes that other
negotiations occur along the way.
Councilman Alvarez expressed support for eminent domain process as he felt it was the only
alternative. The City did make a good faith effort to secure the property. It reached a point
where it was felt the City's good faith effort was not being returned. He supports this heavily
because of the need for a park east of the 55 Freeway. One of the best long term investments in
the community is the youth.
MOTION - Slater
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Expanded Initial StudylMitigated Negative Declaration 1601-99 relating to
Prospect Street Sport Park. The understanding is that it is a conceptual plan.
RESOLUTION NO. 9147
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at the northwest corner of Spring Street and
Prospect A venue and authorizing the acquisition thereof.
Owner of Record: Beazer Homes Holdings Corp. and/or Shepherd Academic
MOTION - Slater
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9147.
THE CITY COUNCIL RECESSED AT 9:30 P.M. AND RECONVENED AT 9:38 P.M.
14. PLANNING AND ENVIRONMENT - None
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CITY COUNCIL MINUTES
July 13, 1999
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 9:45 p.m in memory of Brian Cruz, son of Community Services
employee Bob Cruz, to a Joint Adjourned Regular Meeting with the Planning Commission and
City Traffic Commission on Tuesday, July 20, 1999 at 5:00 p.m. in the Weimer Room to
consider the CenterLine and Master Plan of Parks.
{l~~AA&J!J!~
CASSANDRA J. HCART, CMC
CITY CLERK
JOANNE COONTZ
MAYOR
PAGE 32