05-25-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON JUNE 22, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 25, 1999
The City Council of the City of Orange, California convened on May 25, 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
Mike Oakland, Christian Businessmen's Committee
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Spurgeon
1.3 ROLL CALL
PRESENT -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTSI INTRODUCTIONS
Employee Recognition Service Awards were presented by the City Manager to David
DeBerry (City Attorney), Bobbi Comstock (Finance), Jeanne Arehart (Finance), Kevin
Roberts (Police), Clark Smith (police), and Bob Gustafson (Police). (C2500.J.4.18)
Mayor Coontz announced the Dash for D.A.R.E. track and field meet held on April 16th
and 17th at Fred Kelly Stadium was supported by $1,050 in corporate sponsorships. The
Director of Community and Library Services introduced committee members and
presented plaques on behalf of the City. (C2500.N)
Mayor Coontz presented Breeana Calliham with a special recognition certificate in honor
of her creativity in naming the Storytime Structure at the Main Library "The Story Stop".
(C2500.I)
Mike Sweeney, Event Coordinator, Orange Sunrise Rotary Club, reported on the Rotary
Car Show held on April 18, 1999 in the Orange Plaza. (C3500.0)
Plaques were presented to the Historic Flippen Ranch Ficus Tree Committee members
and sponsors for their efforts in saving and relocating the 90 year old historic Ficus tree to
the Rusty Leaf Plaza Shopping Center on East Chapman Avenue at Yorba Street. Those
recognized include: Bill Cathcart, Chairman, John Flippen French represented by
Lorraine French, Dale Rahn, Mike Mahoney, James Barry, Valley Crest Tree Company,
and ICI Development.
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CITY COUNCIL MINUTES
May 25,1999
2.
PUBLIC COMMENTS
Tape 728
Carole Walters, (address on file), asked why a public hearing was not held relative to the
new trash services.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed concern with the
appointment process to the Orange Park Acres Planning Committee; clarified from
Council that the issue will be agendized for the June 22, 1999 meeting; and cited reasons
he felt Richard Siebert and Laurie Cesena were not reappointed to the Committee.
Committee members have always been active members of the Orange Park Acres
Association. Council was urged not to abolish the Committee as important developments
that affect Orange Park Acres will be coming forward soon.
Shirley Grindle, 5021 E. Glen Arran, urged Council to review the type of representation
on the Orange Park Acres Committee at the June 2200 meeting. Being a general law city,
is the Mayor's right to appoint members of Committees subject to ratification by the City
Council? Mayor Coontz suggested Ms. Grindle meet with the City Attorney after the
meeting.
Rich Robertson, (address on record), expressed support for the City Council and Police
Department but concern with the recent newspaper article on crime in the City.
Mara Brandman, 7319 Equitation Way, expressed support for the Orange Police
Department and The Block and commented on crime in the City.
Mayor Coontz noted the crime issue will be discussed under Item No. 8.1 on the agenda.
Jim Cline, 2603 Riding Way, commented he has been unable to obtain information or
response to his inquiries from City staff concerning Project No. D-133, Award of
Professional Services Contract for the Featherhill Subdrain Study and Geological
Investigation. To date, Lutheran High School has not complied with the additional
requirements imposed by Council on their recently approved Conditional Use Permit.
Mayor Coontz instructed the City Manager to assist Mr. Cline.
Todd Wallace, 1325 Dana Place, commended Council on recognizing the Flippen Ranch
Ficus Tree Committee and commented on the Plaza Park improvements and preserving
the Pine trees. When will a plan be produced for the Committee to review? Concern was
expressed with the crime rate and increased graffiti in the City. Mayor Coontz referred
Mr. Wallace to the Director of Community and Library Services regarding the Plaza
Committee.
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CITY COUNCIL MINUTES
May 25,1999
3.
CONSENT CALENDAR
Tape 1375
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Couucil
agenda of a regular meeting of May 25, 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 May 6 and 13, 1999.
Note: Councilman Murphy abstained on this item due to a potential employment
conflict.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, May 11, 1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinauces on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Utility Agreement No. 12506 between the City of Orange and California Department
of Transportation (Caltrans) for relocation and upgrade of street lighting in
conjunction with the 1-5 Freeway widening project. (A2100.0 AGR-3264)
SUMMARY: As part of the 1-5 Fwy. widening project, the City of Orange and Caltrans
will cooperate to improve street lighting in the 1-5 Fwy./Chapman Ave. interchange area.
ACTION: Approved Utility Agreement No. 12506 and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: The $22,000 City share to upgrade 12 existing street lights and
install 4 new street lights is available in Account No. 272-5032-483100-6456 (Street
Light Conversion) from the 272 Gas Tax Funds.
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CITY COUNCIL MINUTES
May 25, 1999
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Award of Contract - Bid No. 989-36; Project SP-3072; The City of Orange,
Assessment District Number 86-1, Santiago Hills, Jamboree Road, Street
Improvements and Paseo. (A2100.0 AGR-3263)
SUMMARY: This project will provide for irrigation and landscaping of the remaining
Jamboree Road and Paseo areas of Assessment District 86-1 and landscaping and
irrigation systems for the Water Flow Control Facility of the Municipal Water District of
Orange County (MWDOC) at the corner of Jamboree Road and Santiago Canyon Road.
MWDOC has agreed to pay for the landscaping of their facility.
ACTION: 1) Waived an informality in the bid received from GMC Engineering, Inc.,
the requirement in the Standard Specifications for Public Works Construction (Green
Book) that the prime contractor perform not less than 50% of the work with their own
organization. 2) Awarded a contract in the amount of $283,549.35 to GMC Engineering,
Inc. 586 E. Lambert Rd., Brea, CA 92821, and authorized the Mayor and City Clerk to
execute the contract; 3) Authorized a change order deleting Item #12 for a City Limit
Monument Sign in the amount of $11,567 from the contract. 4) Appropriated
$150,000.00 from Assessment District Fund 590 and transferred to Account Number 590-
5013-485100-3024 for the construction cost, contract administration cost, and
contingencies.
FISCAL IMPACT: Funds are budgeted and available in the following accounts: 550-
5011-485100-3024 $25,000.00 (MWDOC Share), 590-5013-485100-3024 $135,000.00
(AD 86-1 Assessment District); 590-5013-485100-3024 $150,000 (Appropriation)
Total $310,000.00
3.7 Project No. D-130; 1998-99 CDBG Storm Drain Construction Project, approval of
plans and specifications and advertising for bids. (C2500.M.17)
SUMMARY: Plans and specifications have been completed for the storm drain
constructions on Walnut Avenue from Lemon Street to Glassell Street, and on Glassell
Street from Walnut Avenue to Lomita Avenue. The project is ready to be advertised for
bids. The estimated construction cost is $650,000.
ACTION: Approved plans and specifications and authorized advertising for the 1998-99
CDBG Storm Drain Construction Project.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 310-9645-483400-5107 (Detail 16128) $285,900
(Community Development Block Grant), and 310-9645-483400-5107 (Detail 16129)
$178,000 (Community Development Block Grant).
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CITY COUNCIL MINUTES
May 25, 1999
3. CONSENT CALENDAR (Continued)
Additional funds are proposed in the Fiscal Year Capital Improvement Program in the
following account: 310-9645-483400-1819 $230,000 (Community Development Block
Grant).
3.8 Contract Change Order No.1 for Bid No. 989-19; Project No. SP 3259; 1998-99
ADA Wheelchair Access Ramps, Various Locations. (A2100.0 AGR-3204)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in
the quantities of sidewalk, curb and gutter removal and construction of access ramps
beyond the original scope of work. The total contract cost is $188,467.05.
ACTION: Approved Final Contract Change Order in the amount of $11,023.15 to
Cooper Backhoe and Equipment, Inc. for the additional quantities at contract unit prices.
FISCAL IMPACT: Funds are budgeted and available in the following account: 310-
9645-483300-1328-16113 $11,023.15 (Community Development Block Grant)
3.9 Bid No. 989-40, furnish and install Engine Driven Pump for Reservoir No.8 - award
of construction contract. (A2100.0 AGR-3262)
SUMMARY: This project provides for the installation of an engine-driven pump at the
Reservoir No. 8 pump station for use in the event of a power outage or emergency
situation. Reservoir No.8 is located at 7115 E. La Cumbre.
ACTION: 1) Transferred from Unappropriated Reserves in Water Capital Projects Fund
601 the amount of $17,948.45 to Account 601-8011-484201-8304, Reservoir 8 Pump
Station Phase II; 2) awarded a contract in the amount of $67,948.45 to Western Power
Industrial and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the Account No. 601-8011-
484201-8304 (Reservoir 8 Pump Station Phase II) - $50,000.00 (98-99 CIP) and Account
No. 601-8011-484201-8304 - $17,948.45 (Fund Transfer)
3.10 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Albert Hill
b. Qaiser Amin
c. Lyle Prenzler
d. Marion Shapiro
e. Custom Craft Corp.
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CITY COUNCIL MINUTES
May 25,1999
3. CONSENT CALENDAR (Continued)
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
DONATIONS
3.11 Approve transfer of patron donations to purchase library material. (C2500.I)
SUMMARY: Donations from patrons are collected over a period of time. When funds
have reached a sufficient amount, they are then transferred to a revenue account to
purchase books, videos and CDs.
ACTION: Approved the transfer of$I,700 in Patron Donations from Account No. 100-
2001-293900-9986 to Account No. 100-2001-443101-9986 (Library Materials) to
purchase library books; and approved the transfer of $3,000 in Rental Book revenues
from Account No. 100-2011-252100-9987 to Account No. 100-2001-443101-9987 to
purchase more rental books and tapes.
FISCAL IMPACT: None.
PILOT PROGRAM OF TWO BUS SHELTERS
(REMOVED AND HEARD SEPARATELY)
3.12 Pilot Program for two Bus Shelters with Coca-Cola Vending Machines. (A2100.0
AGR-I929.5)
SUMMARY: In April 1998, the Council approved the installation of two bus shelters
that incorporated Coca-Cola vending machines into the ad panels. The approved
locations included one on Tustin Street in front of the Mall of Orange and one at the
Santa Fe Depot. Eller Media and their client, Coca-Cola Bottling Company feels the
pilot program has been successful and are requesting the Council's approval to retain the
machines at these locations. They are also seeking approval to add a vending machine to
one of the shelters on City Drive at the Block.
FISCAL IMPACT: Approval would increase revenue by approximately $3,500.00 per
year to Account No. 220-0000-293101 (Sanitation Fund).
Councilman Alvarez indicated that he opposed the pilot program when approved by
Council because, at that time, the City of Orange was the only city in the County who had
approved bus shelters with Coca-Cola vending machines. Coca-Cola machines on
sidewalks lowers the community's standards. He would like the Orange Mall location
omitted from approval, as the Orange Mall can provide the same service as the vending
machines. Also, there has historically been a serious trash problem at Tustin Street in
front of the mall.
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CITY COUNCIL MINUTES
May 25,1999
3. CONSENT CALENDAR (Continued)
Councilman Slater commented that Eller Media has done a good job in trying to maintain
the bus shelters. It was requested that Eller Media steam clean the sidewalk more often
than twice a year. He supports the proposal and keeping the vending machine at the Mall
of Orange due to its high usage and that location being a bus transfer station.
Mayor Coontz commended Eller Media on the excellent job they are doing in
maintaining the bus shelters and felt they were cleaner than many of the bus stop and
trash container areas maintained by the City. She specifically noted two which are
located across from City Hall and the northwest corner near the Library. Mayor Coontz
commented, "We need to keep our own house in order."
Councilman Murphy expressed concern with pedestrian safety if an attempt were made to
go elsewhere for a cold drink. Support was expressed for additional steam cleaning.
Bruce Siedel, President of Eller Media, 1539 W. Orangewood, indicated they will steam
clean more frequently. The shelters are power washed once a week., but the sidewalks
will be steam cleaned more frequently. The program has been implemented at two
locations in the County of Orange. No problems have been experienced.
Barbara DeNiro, (address on file), commented on the revenues generated from the
vending machines and hopes this is not a monopolistic approach as Coca-Cola continues
with these requests.
COUNCILMAN SLATER - MINUTE ORDER: "The reason Coke has these vending machines
here, Barbara, is quite frankly, they asked. That does not preclude that we would or
would not include others. This is where we are today."
MOTION - Slater
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
NOES - Alvarez
Approved Eller Media's request to retain the existing vending machines at the approved
locations and add a vending machine to a bus shelter on City Drive at the Block.
(REMOVED AND HEARD SEPARATELY)
RATIFICATION OF DECLARATION OF EMERGENCY
3.13 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract). (C2500.E.6)
The Assistant City Attorney reported that on May 24th, the City Manager, as Director of
Emergency Services, ordered the evacuation of an additional ten homes within the Vista
Royale tract. The homes are located on the east side of Vista Crest Road and at 2630
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CITY COUNCIL MINUTES
May 25, 1999
3. CONSENT CALENDAR (Continued)
Vista Point. AGRA, the City's retained geotechnical expert, reports that certain
observations indicate there is some weakening of the toe area of the slide parameters and
recommended the evacuation be ordered. The residents have been notified. The order is
effective Tuesday, June I, 1999 at 9:00 a.m.
RESOLUTION NO. 9131
A Resolution of the City Council of the City of Orange continuing the proclamation of
the existence of a local emergency and ratifying the order of evacuation.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9131.
FISCAL IMPACT: None.
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.14 RESOLUTION NO. 9109 (C3300.0 CUP-2273-99)
A Resolution ofthe City Council ofthe City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and granting an accessory second
housing unit upon property located at 1143 East Taft Avenue.
Conditional Use Permit 2273-99
Applicants: Dennis and Laura Montgomery
Mayor Coontz reported that correspondence and Mayor's Hotline calls were received
regarding this project. Concern was expressed regarding advertisements in the Yellow
Pages showing the property as a church?
The Director of Community Development explained the complaints were addressed by
Code Enforcement relative to the approval of the Conditional Use Permit. Issues of
concern included: a pile of dirt adjacent to a fence; landscaping of the public parkway on
the rear of the property adjacent to a public street; storage of paint material; and the use of
the property as a church. There has been no evidence found that the property to date is
being used as a church. His department will continue to monitor the situation.
Mayor Coontz asked if Council would have the opportunity to bring this back, if needed?
The Director of Community Development responded this could be brought back if the
applicant does not comply with the conditions of approval of the Conditional Use Permit
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CITY COUNCIL MINUTES
May 25, 1999
3. CONSENT CALENDAR (Continued)
for the accessory second unit. Other issues, i. e., church operations, etc. need to go
through the Code Enforcement prosecution process.
Councilman Alvarez asked if a banner permit was pulled? The Director of Community
Development responded the property owner was advised the banner does not appear to
meet City code. The City Attorney added that the sign regulations would apply no matter
what the banner reads.
MOTION - Mayor Coontz
SECOND - Slater
A YES - Murphy, Slater, Mayor Coontz, Spurgeon
NOES - Alvarez
Moved to adopt Resolution No. 9109.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the Community Development Director keep track of the complaints that have
been made regarding the property and Code Enforcement check on the property on
occasion and bring the information to Council.
3.15 RESOLUTION NO. 9114 (A2100.0 AGR-3204)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-19; SP 3259; Cooper Backhoe
and Equipment, Inc.; ADA Wheelchair Access Ramps Various Locations.
ACTION: Approved.
3.16 RESOLUTION NO. 9115 (S4000.S.3.7)
A Resolution of the City Council of the City of Orange requesting the Orange County
Transportation Authority to allocate Combined Transportation Program Funds for
acquisition of right-of-way for the Main Street and Chapman Avenue Intersection
Widening, Project No. 95-0RNG-1150.
ACTION: Approved.
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CITY COUNCIL MINUTES
May 25,1999
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.17 RESOLUTION NO. 9116 (S4000.S.6)
A Resolution of the City Council of the City of Orange declaring a continuation of the
moratorium on the processing and installation of new speed humps within the City of
Orange.
Discussion: Bill Lanning, 2632 E. Adams, asked if the moratorium is indefinite or
requires further Council action? The Director of Public Works explained that the
Resolution imposes the moratorium until August 24,1999. Further Council action would
be required to extend it beyond that date.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9116.
3.18 RESOLUTION NO. 9117 (S4000.S.3.6)
A Resolution of the City Council of the City of Orange assigning "Jons Way" as the
street name for the portion of the private cul-de-sac off Meads Avenue in the City of
Orange.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.19 RESOLUTION NO. 9118 (A2100.0 AGR-3261)
A Resolution of the City Council of the City of Orange authorizing the sale of the
Ainsworth House located at 414 East Chapman Avenue to Orange Housing Development
Corporation in accordance with the terms and provisions of an Agreement of Purchase
and Sale and Joint Escrow Instructions.
Discussion: Barbara DeNiro, (address on file), referenced Council minutes from 1976
and commented on the Ainsworth House. How does the parking situation improve? Is it
because it is close to the City provided parking and will be used as their offices? Where
are the current OHDC offices? How big it the property? What is the current age of the
house now? Was the original Ainsworth House a gift or a purchase? How much was put
into the original restoration after the purchase by the City? What happened to the
volunteer interest?
The Director of Community and Library Services explained a few operations were tried
in the Ainsworth House for a short period of time, but did not work out. The house was
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CITY COUNCIL MINUTES
May 25,1999
3. CONSENT CALENDAR (Continued)
appraised at $195,000 and will be sold to OHDC for $85,547. This is a good business
deal. The appraisal did not take into effect the significant amount of making the repairs.
There are deed restrictions on the property in that if the sale is approved, OHDC must
maintain and keep the house restored to historical standards; they cannot sublease for
revenue producing purposes without City approval; and they must maintain the house for
historic tours. The City can correct any deficiencies and charge OHDC for failure to
maintain the site. Parking is not an issue.
Mayor Coontz commented she was responsible for the Ainsworth House being the first
building to be put on the National Historic Register. Years ago, there was a lot of interest
in the Ainsworth House by the Orange Unified School District (OUSD). Over the years,
a combination of requests to pay volunteers, a general lack of interest, and the inability of
OUSD to afford buses to transport children to the Ainsworth House, resulted in a lack of
activity. The City could not restore the house to the extent that OHDC can as a private
organization.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to find and determine that the sale of the property is categorically exempt from
the provisions ofCEQA under Sections 15303 and 15312 of the State CEQA Guidelines.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9118.
(REMOVED AND HEARD SEPARATELY)
3.20 RESOLUTION NO. 9119 (C2500.H.2)
A Resolution of the City Council of the City of Orange declaring weeds as a public
nuisance and initiating proceedings.
Councilman Slater indicated the list of private property lots owned by Orange Mall
Company requiring weed abatement are now owned by Greystone. The Director of
Community Development will provide the new information.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9119.
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CITY COUNCIL MINUTES
May 25, 1999
3. CONSENT CALENDAR (Continued)
3.21 RESOLUTION NO. 9120 (T4000.0 TRT-15710)
A Resolution of the City Council of the City of Orange of Orange Upholding the
Recommendation of the Planning Commission of the City of Orange and Approving a
Tentative Tract Map and Minor Site Plan to Subdivide 6.2 Acres Into Five Residential
Lots and to Create Lots Without Direct Access to Public Streets Upon Property Located
500 Feet South of Santiago Canyon and East of Jamestown Way.
Tentative Tract Map No. 15710, Minor Site Plan No. 57-98
Applicant: George Klimek
Prior approval on this issue by Council at the public hearing on April 13, 1999.
ACTION: Approved.
STATE FLOOD CONTROL SUBVENTION PROGRAM
3.22 Restoration of Funding for State Flood Control Subvention Program. (ORI800.0.84)
SUMMARY: The Santa Ana River Flood Protection Agency has requested a letter of
support from the City of Orange requesting restoration of funding for the State Flood
Control Subvention Program to repay Orange County Flood Control District costs for
Santa Ana River Improvements.
ACTION: Authorized the Mayor to send a letter of support for restoration of State Flood
Control Subvention Funding on behalf of the City.
FISCAL IMPACT: None.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item Nos. 3.12, 3.13, 3.14, 3.17, 3.19 and 3.20 were removed and heard separately.
Councilman Murphy abstained on Item No. 3.2 due to a potential conflict with his
employment. The remainder of the Consent Calendar was approved as presented.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
May 25,1999
4.
REPORTS FROM MAYOR COONTZ
Tape 2389
OFF-AGENDA ITEM
Mayor Coontz asked for Council's thoughts and comments on requesting information from the
Orange Unified School District on their policies and procedures in recognizing potential or actual
criminal or life-threatening activities in the schools. In light of the Litteton incident and in other
cities across the nation, including Anaheim, the City wants to be assured that all is well in the
City schools in Orange. The Council is very supportive of young people in the community as
they are destined to be the leaders of the community in the future. The City has some ability to
assist and aid the District through both community activities and police involvement; however,
the City cannot take the lead. The City must look to the School District. Mayor Coontz
indicated she would like to ask the District at the next City/Schools Coordinating Committee
what their action plan is on dealing with prevention, communication, guidance, counseling, and
security within the entire school district and how the City can be of support.
Councilman Alvarez suggested the OUSD Board Members utilize each school's Site Committee
for communication purposes. Mayor Coontz indicated the suggestion would be added to the
agenda.
Mara Brandman, 7319 Equitation Way, asked Council to consider providing OUSD with help
and support.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, commented that approximately two
weeks ago the OUSD Board unanimously adopted a comprehensive plan to keep track of "red
flag" students and urged Council to obtain a copy ofthe plan.
5.
REPORTS FROM COUNCILMEMBERS
Tape 2560
5.1 Councilman Slater - Request for explanation and further information on the
receutly reported crime rate iucrease.
Councilman Slater commented in last week's newspaper, it was reported that Orange's crime rate
had increased. Orange was the only major city in Orange County in which that was the case.
The item was agendized because of its importance to the entire community and the Council, to
see if there is anything else that can be done, and to find out why the trend has reversed. For
many years prior to this, the crime rate dropped dramatically in Orange because of the fine Police
Department and officers who do a great job in the community. The City Manager, with the
Police Chiefs assistance, did a very thorough analysis. It was requested that the City Manager
present his report at this time. See Agenda Item No. 8.1.
Carole Walters, (address on file), commented that police officers should be promoted for the job
they are doing and not for political reasons.
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CITY COUNCIL MINUTES
May 25,1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mara Brandman, 7319 Equitation Way, commented on increased crime in the City; problems at
the Police Department; and expressed confidence and support of Chief Romero and the Police
Department.
Lupe Hurtado, 409 S. Hill Street, Director of the EI Modena Pride Association, expressed
appreciation to Police Chief Romero for the great job he has done in their community.
Roger Young, (address on file), commented on the recent newspaper article. Police officers need
to be removed from The Block and put back on patrol throughout the entire City. A minimum of
ten officers need to be hired and a 10%-15% increase in the Police Department's budget to start
more community policing and interaction with junior high and high school students.
Richard Carlson, 153 S. Cambridge Street, commented on crime and the Police Department.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 4788
6.1 Report from the City Attorney regarding procedures for reconstituting the Design
Review Board to the Design Review Committee. (ORI800.0.8.1)
The City Attorney reported the new Design Review Committee takes the place of the old Design
Review Board. Ordinance No. 10-99 will take affect on June 24, 1999. Mayor Coontz noted
that the recommended advertisement for membership on the new Design Review Committee is
not required under the Maddy Act.
Carole Walters, (address on file), commented that neutral people should be appointed to the
Design Review Committee. Some Design Review Board members are good. Mayor Coontz
indicated she will discuss with Committee members how the interview process will take place.
Mara Brandman, (address on file), commented this has the same feeling as the Orange Park
Acres Planning Committee. Will the members of the current Design Review Board be allowed
to be reappointed to the new committee? She will be watching to see what happens with the
Library Board. Mayor Coontz indicated that everyone on the Design Review Board will have the
opportunity to reapply.
Councilman Slater assured Ms. Brandman that as a member of the Design Review Committee
there is no hidden agenda. The Committee needed some re-direction. He would like to see
priority given to retaining four of the five Design Review Board members, as only four public
members will be needed for the new Design Review Committee.
MOTION - Spurgeon
SECOND - Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 14
CITY COUNCIL MINUTES
May 25,1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
Moved to direct the City Clerk to post and publish an advertisement for membership to the
Design Review Committee and receive and file the report.
7.
ADMINISTRATIVE REPORTS
Tape 4726
7.1 Monthly Treasurer's Report for the period ending Apri11999. (C2500.F)
The Finance Director presented the report.
MOTION - Mayor Coontz
SECOND - Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
8.
REPORTS FROM CITY MANAGER
Tape 3144
8.1 Report on City's strategies on reducing criminal activity and accurately reporting
crime statistics. (C2500.K)
Note: See Agenda Item No. 5.1 for public comments on this item.
The City Manager reported the Preliminary Statistics of Part 1 crimes from the FBI addressed in
the recent newspaper article indicate that even though Orange has had a very modest increase in
reported crimes from 1997-98, Orange still has the lowest number of reported crimes of those
reported by the news media. The Police Department has been very proactive in its efforts to fight
crime and more accurately account for crimes. The Police Chief gave the following report:
Status of Police Department when Chief Romero arrived 10 months ago. The Police
Department was found with good capable professional people that were suffering from long-term
unstable leadership. Morale was a problem. There was definitely a split among the personnel
within the Department. During the first six months of Chief Romero's leadership, the first
priority was to bring the Department together as a team, which was accomplished by increasing
communication from the top to the bottom and from the bottom to the top. One of the methods
used in increasing communication was riding along with the different officer's in the different
units which provided very valuable first hand observations. Minor important changes in the
disciplinary process were instituted. Structure and content of staff meetings were refined.
Advice was sought from the Captains, Lieutenants and Sergeants and they were given the ability
to have more input in the management of the Department. The Department now has better
morale, is more enthusiastic, and is looking toward the future.
PAGE 15
CITY COUNCIL MINUTES
May 25, 1999
8. REPORTS FROM CITY MANAGER (Continued)
Police Department Accomplishments under Chief Romero's leadership:
. Installation of a new closed circuit television in the Police Department building which has
increased security and will reduce liability in the jail.
. Restructured the Police Department, making all supervisors more responsible for their
subordinates and for the programs.
. Improved disciplinary process and the addition of a Captain will further improve service to
the community by allowing the patrol and investigation Captain's the time to plan and focus
on the community and crime.
. Adequate police protection at The Block by adding five more officer's to that assignment
. Upgraded the Computer Aided Dispatch and Records Management System which will allow
the officer's to make California law enforcement teletype system and local inquiries into the
various crime information system from their state-of-the-art police car. The City of Orange
will be one of the most technologically advanced Police Department's in Orange County.
. Working closely with State parole officer's to enable tracking of parole's when they get out
of jail.
. Forming a new economic crime unit that will take the Police Department into the 21"
Century as computer crimes supplant physical crimes.
. Renewed cooperation with the County and working with the Sheriff and Supervisor Coad to
improve the quality oflife in the County islands ofEl Modena and adjacent City areas.
. Renewed relationship with the service clubs in the City and addressed many of the groups.
. Increased cooperation with the schools. The Police Chief and staff have attended principal
meetings and provided training to school administrators on how to cope with critical events.
. In the process of remaking the old Gang Diversion Task Force into a group concerned with
all of the youth in the City, not just a few gang members
How Chief Romero intends to manage the Police Department in the future.
The Police Chief would like to dispel the rumor that the Police Department abandoned
community oriented policing. The Police Department is ordinate in the City to have the
resources to provide the citizens with many community oriented programs. Some of the
programs include:
. Citizen's Academy
. Youth Services Counsel of Orange
. Police Reserve Unit
. Police Explorer Program
. Bicycle Patrol Unit
. Neighborhood Enhancement Team (NET)
. School Resources Officer
. Truancy Learning Center
. Regional Occupational Law Enforcement Program (ROP)
PAGE 16
....-- -_._---~--~._---
CITY COUNCIL MINUTES
May 25,1999
8. REPORTS FROM CITY MANAGER (Continued)
. Gang Unit
. Narcotics Unit
. Volunteer Program
. Crime Prevention Bureau
. Traffic Bureau
. DARE Program
. Crisis Intervention Unit
Since his arrival, no programs have been reduced, many programs have been enhanced, and
others have been added. Community oriented policing will be continued, mixing it with
traditional calls for service based on the needs of the different neighborhoods and business
districts in the City.
Crime Statistics. The Orange County Register article stated that Orange had an overall increase
of 2.9% in 1998 compared to 1997. While true, it is an over simplification of the statistics. It
failed to make the point that the increase was primarily attributed to 13 additional robberies, 58
additional burglaries, 127 additional thefts, and 6 additional arsons. While it dwells on the
negative, the positive side was not emphasized. It failed to point out that violent crime was
reduced by 5.3% in the City of Orange, with a decrease of 11 murders, 10 rapes, and 20
aggravated assaults. The one homicide in the City had was solved and is being prosecuted at this
time. While there were 13 more robberies in 1998 over 1997, it failed to mention that the
average number of robberies for the preceding five years from 1992-1996 was 216, compared to
119 robberies in 1998, a 45% decrease. The average number of burglaries between 1992-1996
was 1205 per year, compared to 759 in 1998. The average number of thefts between 1992-1996
were 2852, compared to 1852 in 1998, a 35% reduction. While arsons increased by 6, one
individual was responsible for 14 arsons. Statistics are only an indicator of possible trends. The
same statistics, while indicating a slight trend, failed to recognize that the City's crime rate per
1,000 people is still significantly lower than any city in Orange County that Orange was
compared to in the recent article, with the exception of the City of Irvine. The upward trend can
be attributed to the tremendous retail business growth in the City and the change in department
policy in how crimes are reported. While the crime rate has gone up, service to the community
has been enhanced. The new policy will more accurately reflect the true crime rate in the future
and eventually be a better tool to use in trying to analyze crime in the City.
COUNCIL QUESTIONS AND COMMENTS:
Mayor Coontz asked about the morale at the Police Department? The Police Chief explained
there have been several indicators that morale in the Police Department has improved. Mayor
Coontz clarified that the City Council, as a political entity, does not run or become directly
involved in the Police Department and their activities.
PAGE 17
~
CITY COUNCIL MINUTES
May 25, 1999
8. REPORTS FROM CITY MANAGER (Continued)
Councilman Murphy asked what changes have been made in the reporting of crimes and what the
result has been? The City Manager explained in 1992-1993, when the City began to look at
alternatives to service reduction, the previous Police Chief began a series of programs he felt
would better orient the department to community oriented policing. In June, 1993 there were
significant operational changes made under a different City Manager and the previous Police
Chief, with the purposeful intent to reduce levels of service to the public by way of police
officers and how they took their reports. Part of that was to allow more freedom to the officers to
address problem solving policing and free them up to handle crime. Unfortunately, a number of
reports became unreported. A departmental order was issued directly to officers that they would
no longer respond to non-injury accidents. That policy continued for approximately two years,
until the Public Works Director brought this to his attention. This type of statistical data
significantly skewed the numbers and prevented the Traffic Division in Public Works from
accurately making determinations on signal, stop sign locations, and speed controls.
In approximately 1995, changes were instituted. Additionally, officers were directed not to
respond to calls for public thefts, some types of malicious mischief, lost property, auto burglaries
(where the car had been moved), garage burglaries (with no forcible entry). These calls were
directed to be taken by the desk officer and it migrated to a mail back program. Reports that
were called in or mail back reports not returned did not count as a crime. While there have been
significant decreases locally and nationally in criminal activity, the City believes some of their
own data was being under reported. Early last year, Acting Chief Richards reported the crime
statistics maintained by the department were not completely accurate based on his initial review
and longevity with the department. A survey was done of the mail back program. It was
determined that of all of the requests for a crime report from the public on a monthly basis, 40-
60% were not returned. Upon receiving that information, it was directed that a change be
implemented that would improve the service level by contact being made with the public and
reports taken, which would provide more accountability.
Mayor Coontz asked the City Manager ifhe was informed of the earlier internal policy changes
and what was occurring? The City Manager responded he was unaware of the mail back
program until much later.
Councilman Slater expressed appreciation to the City Manager for first agendizing this issue and
to the Police Chief for his very thorough report. Is there something in writing that the policy was
changed back when Chief Richards was in charge? The Police Chief responded of the Part 1
crimes that affect the crime rate, one or two were discontinued from the mail out program. The
program continued with the other types of crimes. When Chief Richards became in charge, the
mail back program was eliminated from the present policy. Crime statistics were not being
reflected accurately. Many people who had reportable crimes were given a mail back form to
complete which were not returned.
The City Manager commented he had discussed crime reporting with the City Manager's
Association. He would like to see the same terms of measurement of crime used countywide,
PAGE 18
CITY COUNCIL MINUTES
May 25,1999
8. REPORTS FROM CITY MANAGER (Continued)
statewide, and nationally. His efforts will be to tighten up the subtle differences in how crimes
are interpreted and reported among Police Departments so there is accurate reporting.
Councilman Slater asked ifthere is a way to track the statistics on police services officer's (PSO)
calls vs. when the different mail-in and telephone reporting programs were implemented. This
would show how these programs directly affected the crime rate. The Police Chief asked
Councilman Slater to contact him regarding this issue.
Councilman Alvarez encouraged the Police Chief to bring forward a report on creating and
retaining a Career Development Program. The Police Chief responded he is working on the
report.
Mayor Coontz indicated the Career Development Program was discussed in the budget as one of
the mission goals and directed the Police Chief to bring back information on the Youth Services
Task Force.
9.
LEGAL AFFAIRS
Tape 5090
9.1 ORDINANCE NO.1 0-99 (A2500.0 Design Review)
An Ordinance of the City Council of the City of Orange amending Chapters 15, 16 and 17 of the
Municipal Code of the City of Orange relating to the Design Review Process.
MOTION -Slater
SECOND -Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 10-99 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 11-99 (A2500.0 Economic Development Department)
An Ordinance of the City Council of the City of Orange amending Sections 2.20.010 and
2.42.010 of the City of Orange Municipal Code and adding a new Chapter 2.46 to the Orange
Municipal Code pertaining to the City's Department of Economic Development.
MOTION -Murphy
SECOND -Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 11-99 be read by title only and same was approved and adopted by the
preceding vote.
PAGE 19
CITY COUNCIL MINUTES
May 25,1999
9. LEGAL AFFAIRS (Continued)
9.3 ORDINANCE NO. 13-99 (A2500.0 Uniform Building Codes)
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code to adopt the 1997 Uniform Building Code, 1997 Uniform Housing Code, 1997
Uniform Mechanical Code, 1997 Uniform Plumbing Code, 1997 Uniform Code for the
Abatement of Dangerous Buildings, 1996 National Electrical Code, 1997 Uniform Swimming
Pool Code and other amendments and deletions..
Speaking in support:
Lynne Fishel, Deputy Director of the Building Industry Association in Orange County, 9
Executive Circle, Irvine
Philip Bettencourt, consultant to the Building Industry Association, 110 Newport Center Drive,
Newport Beach
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 13-99 be read by title only and same was set for second reading by
the preceding vote.
9.4 ORDINANCE NO. 14-99 (A2500.0 Sexually Oriented Business)
An Ordinance of the City Council of the City of Orange amending a portion of Section 5.86.140
of the Orange Municipal Code of the City of Orange relating to Sexually Oriented/Adult
Businesses.
Richard Carlson, (address on file), expressed opposition to any adult businesses in the City of
Orange. The City Attorney explained a lot of these businesses are protected by the First
Amendment. The City is not able to prohibit adult business entirely, but does its best to regulate
them.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 14-99 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
PAGE 20
CITY COUNCIL MINUTES
May 25,1999
11. RECESS TO CLOSED SESSION
The City Council recessed at 9:45 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation. I) Vista Royale HOA v. City of Orange, et a!., Orange County Superior Case No. 78
0284; 2) City of Orange v. George S. Walker, et a!., Orange County Superior Court Case No.
783377; 3) Wayne King vs. OCTA, et aI, Orange County Superior Court Case No. 8092 72..
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City
Negotiator: Personnel Director Steven Pham; Employee Organizations: Maintenance &
Operations, Orange Management Association, Orange Municipal Employees' Association and
Water Department Employees' Association.
c. Public Employee appointment pursuant to Government Code Section 54957. Title: Police
Chief.
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 ofthe matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 5528
Doug Westfall, 1625 W. Palm, presented Council with a signed copy of his book entitled, "A
Tour of Old Towne Orange".
Jim Cline, 2603 Riding Way, commented on the Design Review Committee.
Richard Carlson, (address on file), commented on a past parking problem at St. Joseph's Medical
Group.
Barbara DeNiro, (address on file), asked what happens to donations to the Ainsworth House?
Why is there a frequent turnover of Police Chiefs? Is there stability in that area now for any
significant period oftime?
Fred Gillett, 205 E. Palmyra, commented the historic district of Orange is a national treasure; to
the State of California it is a state heritage; and to the City of Orange is a tremendous asset to
commercialism and tourism to the community.
Carole Walters, (address on file), commented on the good job the Police Department has done
with drunk drivers. Where are the different crimes happening in the City? Why didn't people
know what was happening before Old Towne was placed on the National Historic District?
PAGE 21
CITY COUNCIL MINUTES
May 25, 1999
Tape 5977
13.1 JOINT PUBLIC HEARING WITH THE ORANGE REDEVELOPMENT
AGENCY, 1999-00 FISCAL YEAR BUDGET, AND SEVEN YEAR CAPITAL
IMPROVEMENT PROGRAM (C2500J.1.1)
13.
PUBLIC HEARINGS
Time set for a joint public hearing with the Orange Redevelopment Agency to consider adoption
of the 1999-00 Fiscal Year City of Orange Budget and adoption of a limitation on certain
appropriations in accordance with Article XIII ofthe State Constitution.
The City Manager reported the proposed Fiscal Year 1999-00 budget totals $126.8 million and
includes many new or expanded programs or services where long time service demands are being
addressed. The budget attempts to address many areas where the City has been unable to
adequately provide certain essential services due to resource limitations but where demand has
remained constant or increased. As a result of the increase in service level, the number of full-
time positions increased to 646 for FY 1999-00. The majority of new positions are found in the
Police and Fire Departments to support the City's public safety needs, and in the Community and
Library Services Department where service demands continue to increase. Many highlights are a
result of recommendations from the recently completed City-wide Management Audit as
prepared by David M. Griffith & Associates. During the fiscal year, it is anticipated that the City
will continue to implement additional recommendations from the audit.
BUDGET HIGHLIGHTS
. Balanced Budget: The 57.8 million General Fund operating budget is balanced with no tax
increase and by using approximately $500,000 in reserves as a financing source. In addition,
$3.1 million of reserves will be used to fund specific capital, building improvement, and
computer upgrade projects.
. The City to Receive Slightly More Revenue: The City is experiencing a strong increase in
the amount of sales tax revenue, which is attributable to new projects such as The Block at
Orange, Town and Country, Ford of Orange, and improvements to the Mall of Orange.
. Opening of a New Fire Station: Fire Station No.8 located on Cannon Street is scheduled to
open in October, 1999. The station requires an increase of five new Fire Fighter positions
and will address the fire safety needs ofthe newer communities in northeast Orange.
. Adding Police Personnel to Enhance Public Safety: The FY 1999-00 budget includes six
new positions (in addition to funding the five new Police Officer positions approved in April,
1999) in the Police Department to address community public safety needs and replace some
critical top management positions that were temporarily eliminated during the recession in
the early 1990's. Fourteen new full-time positions have been added to the Police Department
within two fiscal years.
. Enhancing Our Public Relations: A Business & Public Affairs Manager position was
added to the Economic Development Department to focus on promotion and business
retention. Through that position, the City has been able to be more proactive with its public
relations and marketing efforts.
I
L-___
PAGE 22
CITY COUNCIL MINUTES
May 25,1999
13. PUBLIC HEARINGS (Continued)
· Increasing the Level of Contracting for Park Maintenance: The Community Services
Department will be expanding its park maintenance activities by increasing the number of
parks to be maintained through contract maintenance. It is expected that portions of four
additional parks will now be maintained through contract services. The City continues to
evaluate in many cases where the City should contract out or provide services through
existing personnel.
· Increasing Code Enforcement: The addition of a part-time Code Enforcement Officer in
the Community Development Department, to augment the existing full-time code
enforcement staff, is intended to expand code enforcement activities during periods of time
that traditionally has not had staffing coverage, such as weekends and evenings.
· Addressing Library Needs: Since the reopening of the renovated Main Library in February,
patron use of the facility has been extremely high. As a result, demand for service has
exceeded the current Library staffing resources. In response, the budget includes an upgrade
of three part-time Library positions, including one of them to full-time. Although these
changes will help to maintain the high level of quality service at the Main Library, it is likely
that additional staff resources will eventually be needed. Until a determination is made on
the future of the Taft Branch Library, no additional staff changes are proposed. Because the
City-wide Management Audit recommended that the City consider closing the Taft Branch
Library, a complete assessment of the facility and the impact of its closure on the library
system is being conducted. With the reopening of the Main Library, demand for books and
circulation material has been extremely high. In response, the budget includes an additional
$70,000 for the library books and materials budget to help augment the fiscal year 1998-99
mid-year appropriation of $300,000 for books and materials. With a combined total of
$370,000 available, the library book and material budget will be at its highest level in six
years.
· Continuing Emphasis on the Capital Improvement Program: The City continues its
aggressive capital improvement program (CIP) with over $20 million in projects for FY
1999-00. While approximately 85% of the ClP is funded through non-General Fund sources
such as Measure "M" and Gas tax funds, the budget includes a $2.2 million transfer of the
General Fund reserves to fund various park and infrastructure improvement projects and a
$225,000 transfer to fund building improvements.
CAPITAL IMPROVEMENT HIGHLIGHTS
. Widening of the GlasselllLa Veta intersection
. Widening of three bridges over the 55 Freeway
. Widening of La Veta between Main and Batavia
· Reconstruction of Chapman and Main intersection
· Reconstruction of Tustin Street between Fairhaven and Collins
· Renovation of Hart Park with an expenditure of approximately .5 million
· Improvement to EI Modena through field lighting, if approved by Council and the OUSD
PAGE 23
CITY COUNCIL MINUTES
May 25, 1999
13. PUBLIC HEARINGS (Continued)
· Seismic retrofit of City facilities is under study, which could cost $1.6 million, much of
which would come from the Federal government.
SUMMARY OF REVENUES
The total estimated revenue for the FY 1999-00 budget totals $115.4 million. The decrease of
10.6% from FY 1998-99 is primarily attributed to a reduction in revenue to the Capital Project
Fund and the one-time revenue received in FY 1998-99 from the ODS/ORRS settlement.
Significant revenue changes include:
. Property tax increased 4.1 %.
. Sales tax increased 9.6%
· Hotel transient occupancy tax increased 1.5%
· License and permits decreased approximately 18.4%
· Revenue from other agencies increased approximately 4.9%
Sales tax revenue of$24.2 has finally returned to the level of the City's previous high in sales tax
revenue of$24 million, which occurred in FY 1989-90. It took the City ten years to match its
previous high in sales tax revenue. This illustrates the toll the recession took on the City's
revenue sources and how the City's recent efforts to attract and retain businesses has paid off.
The City's share of property tax depends on the geographic location of the property within the
City, the City's share of 1 % property tax varies, but is generally about 15% ofthe basic levy. The
City's estimated General Fund property tax revenue for FY 1999-00 if projected to total $10.4
million, an increase of 4.0% over FY 1998-99. The projected increase is due to recent and on-
going construction activity that has added to assessed valuation in FY 1999-00. Earlier in the
decade, the State legislatively reduced county, special district, and city shares of the property tax
to provide more property tax revenue to public schools. The City continues to feel the impact of
the tax shift as it amounts to a loss to the City of approximately $2.6 million annually.
EXPENDITURE SUMMARY
The FY 1999-00 budget reflects an increased level of services to the community and a
continuation of the City's investment in community assets through an aggressive capital
improvement program. The FY 1999-00 expenditure budget totals $126.8 million.
GENERAL FUND BUDGET
The General Fund provides for basic governmental services such as public safety, planning and
building services, park maintenance, and recreation services. The $57.3 million General Fund
PAGE 24
CITY COUNCIL MINUTES
May 25,1999
13. PUBLIC HEARINGS (Continued)
budget is balanced with no tax increase. For FY 1999-00, the General Fund budget is utilizing
approximately $500,000 from reserves as a financing source.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Carolyn Cavecche, 275 N. Shaffer, expressed appreciation to the City Manager and Council for
recognizing the Library and increasing the personnel and book budget. The Library Board will
be turning their attention to the EI Modena Library facility and increasing personnel. Mayor
Coontz commented a presentation was given to Council by staff regarding the need to upgrade
the El Modena Library.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
Councilman Alvarez asked what the projected impact will be from losing income from the
recycling center? The City Attorney responded the revenue received from the recycling sales
was credited to the new trash rates.
RESOLUTION NO. 9112
A Resolution of the City Council of the City of Orange adopting said City's Budget for the
Fiscal Year 1999-00 and relating to transfers of funds between and within appropriations,
transfers between funds and additional appropriations
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 9112 as introduced, be adopted and same was approved and adopted
by the preceding vote. An amendment be made to change the City Council work plan #4, Page
63 to read "Provide vision for a new library or addition to the Main Library to include facility
planning, conceptual design and a program and projection for funding by June 2000". Add a
work plan to Community Services - Library Administration, Page 179, to follow the same
wording as above. Add a work plan to Community Services - Park Planning and Acquisition,
Page 187, to read "Complete and implement the comprehensive Master Plan of Parks by
September 1999."
RESOLUTION NO. 9111
A Resolution of the City Council of the City of Orange adopting the appropriations limit for the
Fiscal Year 1999-00.
PAGE 25
CITY COUNCIL MINUTES
May 25,1999
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 9111 as introduced, be adopted and same was approved and adopted
by the preceding vote.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt a finding that the portion of the budget subject to the Gann limit is $46,820,543
and therefore is within the limit.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the Seven Year Capital Improvement Program
13.2 APPEAL NO. 461, MINOR SITE PLAN REVIEW 81-99, MITIGATED
NEGATIVE DECLARATION 1593-99, RALPH ZEHNER (A4000.0 APP-461) Tape 7308
Time set for a public hearing to consider Appeal No. 461 by Ralph Zehner concerning the
Planning Commission's denial on March 15, 1999 of Minor Site Plan Review 81-99 allowing the
demolition of an existing two car garage and construction of two, one and one-half story
duplexes and a single story garage/workroom for six vehicles behind an existing historic single
family home on property located at 630 E. Culver Avenue.
NOTE: Mitigated Negative Declaration 1593-99 was prepared to evaluate the environmental
impacts ofthis project.
The Director of Community Development reported the proposal includes two duplex structures
on the south edge of the property and two units in each of the buildings, which are I Y, stories in
height and approximately 24 Y, feet high. The one-story center building includes six garage
parking spaces and workshop and is approximately 20 feet 6 inches high. There are six outdoor
parking spaces on the property. The proposal before Council for consideration is the same
proposal acted upon by the Planning Commission at their March 15, 1999 meeting. Other
exhibits were placed on display by the applicant. A determination needs to be made by Council
as to whether the proposal conforms with the various guidelines and standards that are required
for development on the south side of Culver Avenue. The mitigation measures of Mitigated
Negative Declaration 1425-93 are a part of the 1993 zone change that changed the zoning on the
subject parcel and the entire south side of Culver Avenue from R-l Single Family to R-2-6
PAGE 26
CITY COUNCIL MINUTES
May 25,1999
13. PUBLIC HEARINGS (Continued)
Duplex Residential. With the change to R-2-6, Council was concerned and included mitigation
measures so that future development would be sensitive to the Old Towne area. The mitigation
measures stated a need to make certain that the future development would not have a
significantly greater impact on the single family scale of the streetscape than would two dwelling
units on the same lot. The project must also be found in conformance with the Old Towne
Design Standards, which address the project's compatibility with the surrounding development
and historic neighborhood. The zoning standards have been reviewed for compliance with the R-
2-6 zoning standards and have been complied with. The project also needs to meet the
mitigation measures and the Old Towne Design Standards.
The Planning Commission held two public hearings on this item. On March 15, 1999 the
Planning Commission denied the proposal finding that the proposal did not comply with the
Design Standards in that:
a) The garage building is too large in terms of its closeness and physical relationship to the front
dwelling and is not consistent in size, scale and context with surrounding development and is
not compatible with the character of the surrounding area.
b) The overall height and roof pitch of the garage building causes an imposition upon the
historic relationship ofthe open space of the streetscape and the contributing structures on the
south side of Culver Avenue.
c) The development would be incompatible with the current historic architectural context and
build and mass of existing buildings on the block and will, therefore, erode or adversely
affect the character of the other historic residences on the block.
In response to Councilman Slater, the Director of Community Development indicated there have
been eleven or twelve hearings already on this project.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
APPELLANT: Philip O. Kohn, Rutan and Tucker, 611 Anton Blvd., Suite 1400, Costa Mesa,
representing Ralph and Linda Zehner, presented plans with different roof line treatments and
changes in square footage, that were developed based upon discussions with staff.
John Waters, 2144 East Monroe, project architect representing the applicant, displayed and
explained two additional drawings which had been negotiated with the City Planning Department
in trying to resolves the problems. The drawings incorporate the changes the Planning
Commission wanted when they denied the project.
PAGE 27
CITY COUNCIL MINUTES
May 25, 1999
13. PUBLIC HEARINGS (Continued)
SPEAKING IN FAVOR:
Carol Harnak, 546 E. Culver Avenue
Jim Cline, 2603 Riding Way
T. J. Clark, 811 Chapman Avenue
Lee Painter, 577 E. Culver
Eileen Hertfelder, 720 E. Culver Avenue
Carole Walters, (address on file)
Mike Keller, 632 E. Culver Avenue
Ken Brimlow, 652 E. Culver Avenue
Richard Carlson, 153 Cambridge Avenue
Linda Zehner, 630 E. Culver Avenue
Barbara DeNiro, (address on file)
Corinne Schreck, 446 N. James
Karl R. Bonham, 575 Van Bibber
Steve Nelson, 357 S. Olive Street
Reasons for support: Substantial changes made to the project, i.e. density reduced by elimination
of one dwelling unit, floor area ratio further reduced, open space area enlarged, garage element
reduced to a single story structure, and architectural revisions that have been incorporated into
the project; uniqueness of parcel; appearance compatible with surrounding buildings; no
visibility from a streetscape perspective; no tangible evidence of adverse impacts on any other
homes on the street; no variances or conditional use permits required; all required setbacks have
been met; hours, time and money spent by the Zehner's to redraw and refine plans; rentals are
needed; design is historically appropriate; meets zoning requirements; Zehner's are excellent
citizens of the community.
SPEAKING IN OPPOSITION:
Bill Hyndman, 391 S. Harwood Street
Katherine Schwartz, 447 S. Shaffer Street
Katherine Groves, 447 S. Shaffer Street
Gloria Freeman/Bayer, 330 E. Palmyra Avenue
Joan Crawford, 394 S. Orange Street
Anne Siebert, 340 S. Olive Street
Fred Gillett, 205 E. palmyra Avenue
Bob Hitchcock, 195 N. Shaffer Street
Mattie Link, 801 E. Culver Avenue
Jeff McNiel, 304 N. Pine Street
Jack Brodbeck, 815 E. Walnut Avenue
Patty Ricci, 618 E. Culver Avenue
Dan Phelan, 375 S. Pine Street
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CITY COUNCIL MINUTES
May 25,1999
13. PUBLIC HEARINGS (Continued)
Connie Strybel, 390 S. Pine Street
Frank Tucker, 556 E. Culver Avenue
Shannon Tucker, 556 E. Culver Avenue
Jeffand Sandy Frankel, 384 S. Orange Street (letter on file)
Michael A. Trapesonian, 590 E. Van Bibber (letter on file)
Mayor Coontz noted that 27 Mayor's Hotline calls were received expressing opposition to the
project.
REASONS FOR OPPOSITION: Precedent setting for future high-density multi-unit housing on the S.
Culver Avenue; negative affect on quality of life for neighborhood; long-term solution needed;
non-compatible development; and threat to Old Towne character and nature.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
REBUTIAL:
Ralph Zehner, 630 E. Culver, commented on the process involved in seeking Planning
Commission and City Council approval and explained the minor modifications made by his
architect. He noted that in 1993 the City Council legally rezoned the south side of Culver
Avenue and that he has been the first person to come through with a project.
COUNCIL QUESTIONS, COMMENTS AND DISCUSSION:
Mayor Coontz commented that this has been a very long and difficult process. It was noted a fax
was received from a concerned citizen that indicated how Council was going to vote on this
project. Mayor Coontz stated it is unethical for anyone to say how they are going to vote. The
process is about giving people the opportunity to come to a meeting and speak their minds.
When is the department going to bring back the Culver Avenue zoning issue?
The Director of Community Development responded his department is in the process of meetings
with the Planning Commission. One study session has been held with the community; a second
study session is scheduled for June 8th. When the study sessions are completed, the issue will be
set for public hearing for a potential zone change on the south side of Culver A venue, if that is
the direction the Planning Commission chooses.
Councilman Murphy requested a clarification on legal issues relative to the time Mr. Zehner's
application and adoption of a moratorium? Which alternative project is being suggested by the
applicant? The City Attorney responded the adoption of a moratorium at this meeting would not
affect Mr. Zehner's project. The Director of Community Development referred to the display of
the applicant's preferred alternative. The roof line is 2 Y, feet shorter than what the Planning
Commission acted upon. The alternative plans were not received prior to this meeting. Further,
PAGE 29
CITY COUNCIL MINUTES
May 25, 1999
13. PUBLIC HEARINGS (Continued)
Councilman Murphy said he does not believe it would be fair to vote a strict denial of the project
on the basis that Council should only be looking at the plan denied by the Planning Commission,
nor does he believe if an alternate were suggested or selected that it should be done without input
from the Planning Commission.
Councilman Spurgeon requested clarification on what plans were submitted by the Planning
Commission vs. what was recommended by the applicant and/or staff? What is considered a
major change? The City Attorney explained that if it is believed that the Design Review Board
has had substantial review of the project that is proposed before Council at this time, action could
be taken on the modifications. The final authority rests with the City Council. The project
cannot be reviewed from a precedent setting standpoint or on the basis that there may be a future
zone change. It must be reviewed on a case-by-case basis as it stands today under the current
zoning and design standards.
Mayor Coontz expressed concern with the cumulative impacts which are a part of the negative
declaration process and the departmental procedure in assisting applicant's with their projects.
This project has not been a stellar example of land use planning. It has been a very difficult
project. The City Attorney explained that any cumulative impacts from the zone change should
have been addressed when the zone change was made.
Also, she expressed concern that there are new changes to this project that have not been seen
before. The Planning Department made these changes in frustration after many meetings,
however, this should be up to the applicant, not the Planning staff. The five renditions have now
caused confusion. The Council is not the Planning Commission and does not like that role.
Councilman Slater commented his main frustration with the project is that it has always been a
moving target. Council needs to support those appointed to the community bodies (DRB and
Planning Commission). The Planning Commission found that the project does not meet the
design standards and that it will cause a substantial adverse change in the significance of the
historic district as an historic resource. The materials are still inappropriate - aluminum windows
are proposed. Concern was expressed with the amount of staff time spent on the project, and that
this project not set a precedent for designing appeals. Realizing that this is independent of the
process, he indicated there needs to be a six month break. The zoning on the block needs to be
revisited so that the community and Council can decide what direction should be taken.
Councilman Spurgeon commented that he will only consider the two proposals, which is all he
has reviewed. He was favorably impressed, but said he was not going to debate whether they
should have done it or not. Planning staff came up with the compromise out of frustration and in
trying to bring this to closure. It certainly falls within all the standards, except in terms of
windows, which Council had required just two weeks ago on another situation. Mr. Zehner has a
right to do something. He has been asked to do a lot of things. Further, he expressed
appreciation of the fact that Mr. McGee and Mr. Godlewski brought forward the proposal
because it was a reduction and downsized the garage. The City Attorney indicated it did not
L-_
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CITY COUNCIL MINUTES
May 25,1999
13. PUBLIC HEARINGS Continued)
constitute a major change, which would have to go back for review. He indicated he would not
be looking at the other proposal because he was not informed about it.
MOTION - Slater
SECOND - Mayor Coontz
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to deny Mitigated Negative Declaration 1593-99.
MOTION - Slater
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to deny Appeal No. 461 based on the findings of the Planning Commission.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council recessed to Closed Session at 9:45 p.m and reconvened from Closed Session at
10:34 p.m.. The City Council adjourned at 10:35 p.m.
GA~~~ j0;;t-~A'....47f
CASSANDRA J. CMHCART, CMC
CITY CLERK
JOANNE COONT
MAYOR
PAGE 31