02-10-1998 Council MinutesApPROVED BY THE CiTY COUNCIL ON FEBRUARY 24, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING FEBRUARY 10, 1998
The City Council ofthe City of Orange, California convened on February 10, 1998 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 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz
gave the following announcements:A resident
of the City of Orange, Cara Beth Burnside, is competing in snow boarding at the Olympics
at Nogano.Chapman Law
School received accreditation from the American Bar Association.Mayor Coontz
and Councilmember Spurgeon attended an Eagle Scout Awards Program honoring Andrew
Lee Ashford, Troop 543, Canyon District, who was the fourth member of his
family to receive this honor. Mayor Coontz read a poem that was presented at the event held
last weekend.1.4
PROCLAMATIONS Honoring William
and Ardelle Courtney for their contribution to the Orange Public Library. Mrs.
Courtney accepted the proclamation in memory of her husband.Central County
ROP, in honor of Career Preparation Month was accepted by Darleen Mitcheltree,
ROP Animal Care Instructor who will be receiving the prestigious Outstanding Contributions
to Education Award from the Orange County Department of Education.2.
CONSENT
CALENDAR 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of February 10, 1998 at Orange Civic Center, Taft Branch Library at
740 E. Taft Avenue, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin
Board, and summarized on Time Warner Communications, all of said Page 1
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CITY COUNCIL MINUTES FEBRUARY 10, 1998
2. CONSENT CALENDAR (Continued)
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.
2.2 Request Council confirmation of warrant registers dated January 22 and 29, 1998.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, January 27, 1998.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
APPROPRIATIONS
2.5 Request Council appropriate $4,240.00 of the Federal Asset Forfeiture Fund 355-
4033-471301 to purchase video surveillance equipment for undercover vice and
narcotic investigations. (C2500.
K)FISCAL IMPACT: None. The unappropriated balance of Federal Asset Forfeiture
funds will be reduced by $4,240.
00 ACTION:
Approved.
CONTRACTS 2.6 Request Council approve contract change order in the amount of $13,116.41 to G.
R.McKervey, Inc. for the increase in final as-built quantities at contract unit
prices and unforeseen extra work beyond the original scope of work. Bid No. 967-
07, S-189, Main Street and Shaffer Street sewerimprovements. (
A2100.0.Agr.2679)FISCAL IMP ACT: Funds are budgeted and available
in thefollowing accounts:5,372.48 - 310-6059-
483200-
1815-16116 (Community Development Block Grant Funds)7,743.
93 -
310-6059-
483200-1815-
16117 (Community Development Block
CITY COUNCIL MINUTES FEBRUARY 10, 1998
2. CONSENT CALENDAR (Continued)
2.7 Request Council a) Approve a contract change order in the amount of $35,814.47 to
Calfon Construction, Inc. for the increase in final as-built quantities at contract unit
prices and unforeseen extra work beyond the original scope of work. Bid No. 967-
20, D-124,Milford Street storm drain from Sacramento Street to Walnut
Avenue, Sycamore Avenue from Milford Street to 450' west of Milford Street and Walnut
Avenue from Milford Street to Handy Street. b) Appropriate $34,196.03 from Drainage District
Fund 530 and transfer to Account No. 530-5011-483400-
5332-00000 for the increased cost. c)Appropriate $2,000.00 from Drainage District Fund
530 and transfer to Account No. 530-5011-483300-
5332-00000 for additional inspection costs. (A2100.0.Agr.2752)FISCAL IMP ACT:
Appropriation from Fund 530 to the following account
is necessary:34,196.03 - 530-5011-483400-
5332-00000 (Drainage District Fund)2,000.
00 - 530-5011-483300-5332-00000 (Drainage District Fund)ACTION: Approved contract change order and appropriation.2.8
Request Council a) Approve a contract change order in the amount of $
74,017.50 to Construction Systems of Newbury Park, CA for additional Fashion
Park Screen Wall reconstruction Bid No. 978-15 SP 3215. b) Transfer $80,
000.00 from Unappropriated General Fund Reserves to
Fund 500 and appropriate funds to Account
No. 500-5011-485100-3040 for additional contract construction
cost, engineering contract administration and contingencies. (A2100.0.Agr.2940)
FISCAL IMPACT: Funds
are available in the following account:77,000.00 - 500-5011-485100-
3040 (
Capital Improvements) Proposed appropriation to the
following
account:80.000.00 - 500-5011-485100-3040 (Capital Improvements) $157,000.00 Total project
cost ACTION: Approved change order and appropriation.GRANT 2.9 Request Council
authorize receipt of $17,513 grant from the California State Library Federal Library
Services and Construction Act Funds) and appropriate $15,
762 to Account No. 100-2001-443101-9917 (MURL) 97/98. This grant award of $17,
513 will augment the Library's book budget. (C2500.I)
FISCAL IMPACT: $
15,762
will be
CITY COUNCIL MINUTES FEBRUARY 10, 1998
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.10 RESOLUTION NO. 8879
A Resolution of the City Council of the City of Orange expressing appreciation to
Sergeant Gregory J. McClure for 15 years ofloyal and dedicated service. (C2500.K)
ACTION: Approved.
2.11 RESOLUTION NO. 8880
A Resolution of the City Council of the City of Orange approving and ordering territory
designated as Annexation No. CA97-25 (Meads/Sanford) annexed to the City of
Orange.A3100.0.Anx
97-25)Location: Meads Avenue - Mark
Sanford ACTION:
Approved.2.12 RESOLUTION NO.
8883 A Resolution of the City Council of the City of Orange approving the amendment of
the Position Control System and amending the FY 97/98 Budget to reflect the addition of
one full-time Combination Building Inspector position. (
C2500.G)
ACTION: Approved.
SPECIAL EVENTS 2.13 Request for temporary suspension of permit parking restrictions within
Permit Parking Area A (Downtown Area) on Thursday - February 12th and Friday - February 13th, 1998,
for the American College Theater Festival, hosted this year at Chapman University.
S4000.S.3.1.2)
FISCAL IMPACT: None.
ACTION: Approved.
2.14 Request for temporary suspension of permit parking restrictions within Permit Parking
Area A (Downtown Area) for a ground blessing ceremony to symbolize the beginning of
construction on the new Wallace All-Faith Chapel at Chapman University on Friday -
February 27, 1998. (S4000.S.3.1.2)
FISCAL IMPACT: None.
ACTION: Approved.
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CITY COUNCIL MINUTES FEBRUARY 10, 1998
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez All items on
the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS
4.1 Mayor pro
tem Slater - Investigation of Police Chief John Robertson.Mayor pro tern Slater read
the following statement into the record:As far as the Police
Chief is concerned, I will hold my comments until the hearing officer has completed his analysis and provided
his report to the City Council. However, I am requesting now that this item be
agendized for the next Regular or Special meeting called prior to taking action on the Police Chief.
But on a very related
subject, I'm personally having a difficult time wondering why we are not holding all of our employees
to the same ethical standards we are holding John Robertson to.Specifically, and I want to
raise this for discussion, why are we not investigating the City Manager's possible conflict of
interest with regard to Jeff Hambarian's house and further, the City Manager's admitted direct
involvement with the permit issue subsequent to the sale.There's always a possibility,
and I hope it's the case, that there has been no impropriety.However, to sit on our
hands and do and say nothing is to me a double standard. I feel it should be investigated and am interested
in how the rest of my colleagues feel about this issue."Mayor Coontz responded the agenda
item was slated as an issue regarding Police Chief Robertson but Mayor pro tern
Slater changed the content. Mayor pro tern Slater commented he felt it was related.The
City Attorney stated the
real estate matter was investigated and an opinion was issued to the Council this week. In interviewing
parties involved, the City Attorney found that Mr. Rudat only got the parties together,
but did not make nor participate in the making of any decisions.The decision was ultimately made
by the Building Official and Inspector. If there is any conflict of interest issues to be
investigated they were turned over to the District Attorney seven months ago and is within their
jurisdiction.Regarding Mayor pro tem Slater'
s request, if this is to be an item for future discussion, it can be,but he advised it is
not appropriate for discussion at this time.PAGE 5 I 11m 11
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CITY COUNCIL MINUTES FEBRUARY 10, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Coontz recognized Chuck Burwell, 4249 E. Cornwall, Orange, speaking on behalf of the
Orange Chamber of Commerce. Mr. Burwell indicated a letter was sent to the Council from
Orange Cares organization, and the Chamber is going on record, that they have not participated
in this letter nor will they take a position relating to this issue.
Carole Walters, 534 N. Shaffer, distributed letters to Council that she had received in support of
Police Chief Robertson. Ms. Walters indicated she has also received calls from people and
commented Chief Robertson has the right to investigate the trash issue.
Councilman Alvarez commented he has been approached by many citizens and received a letter
from Pam Pratt asking Council to take action even if it's a discussion on the City Manager's
actions either related to Chief Robertson's investigation and things that have been alleged in the
newspaper. Councilman Alvarez suggested the City Clerk agendize this issue for Closed Session
at the February 24th meeting to discuss what Mayor pro tern is asking.
The City Attorney stated the City Manager has the same rights as everyone else and unless he
waives his right to have these matters discussed in Closed Session, Council has to give him those
rights as any other employee.
Mayor pro tern Slater responded he would concur with discussing this issue in Closed Session.
Councilman Alvarez indicated he had requested a copy of the memo sent to the Police Chief, but
because it was a personnel issue, the City Manager informed him he could not have it, which
Councilman Alvarez agreed to. Councilman Alavrez further commented he had discussed with
the City Attorney how to reach some sort of accountability when Council agrees on items in
Closed Session. He requested to agendize for the February 24th Council meeting a discussion to
come up with a solution, or something in writing, covering what Council agrees to in Closed
Sessions. The City Clerk was directed to agendize this request.
The City Attorney indicated agendizing the issue in open session item is fine regarding
establishing a policy on having something in writing as to what Council agrees to, but advised
Council not to talk about what was discussed and agreed to in Closed Session.
Mayor Coontz read the following statement into the record:
Since being elected Mayor, I have worked hard to ensure that our City government listens to our
community and provides the services they need. And, I will continue to work hard for our
community until my next term as Mayor. Challenges, to my way of thinking, are part of the job.
There has been a great deal of turmoil surrounding the placing of Police Chief Robertson on
leave and pursuing an investigation into charges against him of misconduct. Pursuing the truth
and working toward a decision is a challenge that I and the entire Council need to meet. In
response to those charges, the City Manager with the agreement of the City Council, has given
Mr. Robertson many opportunities to respond. We hired two independent investigative attorneys
at great expense to the City to thoroughly look into all allegations against him and to evaluate the
claims. We continue to pay him while on leave. We hired an outside hearing officer to review
PAGE 6
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CITY COUNCIL MINUTES FEBRUARY 10, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
all reports, obtained additional material and permitted the Chief to give his side of the story. He
will be able to exercise the right to have the charges heard in open session ifhe wishes.
As decision makers, we have been strongly advised not to make up our minds ahead oftime or to
promote one decisions or another in our public Council sessions or in community meetings.
That's community meetings anywhere. To do so will jeopardize our roles as public officials and
undoubtedly result in law suits against Council members and the City to be dearly paid for by our
taxpayers. My oath of office places good public policy and ethics way ahead of the desire of
some to politicize this issue. We are challenged to make a decision in due course which will
benefit our police department, our entire City government and the people of Orange."
Mayor Coontz asked the City Attorney to explain what he told Councilman Alvarez about
speaking in public.
The City Attorney responded the memo covering this issue was delivered in a privileged and
confidential manner. The City Attorney's position has always been that no public comments be
made, or any Councilmember or others that have been involved in a decision, make any public
statement that would insinuate what position they are going to take. Absent a vote from the
Council, the City Attorney did not wish to disclose other issues that were delivered in the
memorandum.
Councilman Alvarez commented the Interim Police Chief and Personnel Director have given
public statements and it is questionable when a paid City employee does this.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.
REPORTS FROM CITY MANAGER - None 7. ADMINISTRATIVE
REPORTS - None 8. LEGAL AFFAIRS
8.1 ORDINANCE
NO. 1-98 An Ordinance
of the City Council of the City of Orange repealing Chapter 5.56 of the Orange Municipal Code
and adding a new Chapter 5.56 to the Orange Municipal Code pertaining to massage establishments. (
A2500.0-Massage Therapy)Discussion:
The City Attorney explained the City is following a trend of other cities that have had
problems with massage establishments and prostitution. The way to attack this problem is to impose
educational and training requirements on massage therapists. It treats massage as a therapeutic
healing art which is well recognized and accepted. It requires the massage therapist pass
a National Certification Exam and other regulations on the business of massage therapy.Currently,
the City's ordinance treats it as an adult business allowing anyone to open a massage establishment
as long as it is in the proper zone.PAGE
7 r~
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CITY COUNCIL MINUTES FEBRUARY 10, 1998
8. LEGAL AFFAIRS (Continued)
Brad Davis, Orange Police Department assigned to narcotic vice unit for the past three years,
gave a presentation on his experience with this issue, recommending adoption of the ordinance.
Barbara DeNiro, address on file, asked if certification meant licensing? Also, can these
businesses be in any part of the City? The City Attorney indicated there is a tracking system
through a board that can verify whether or not a person has passed the National Certification
Exam which the City will get in writing. The businesses would be limited to those places where
other professions could locate.
Ms. DeNiro thanked the Police Department for getting rid of the establishment on East Katella.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
1-98 be read by title only and same was set for second reading by the preceding vote.
8.2
ORDINANCE NO. 2-98 An
Ordinance of the City Council of the City of Orange amending Chapter 17 ofthe Orange Municipal
Code relating to signs and abatement of non-conforming signs. (A2500.0-
Signs)
MOTION
SECOND
AYES Murphy
Alvarez Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 2-98 be read by title only and same was passed and adopted by the preceding
vote.8.
3ORDINANCE NO. 3-98
An Ordinance ofthe City Council of the City of Orange amending Sections 5.36.060 and
9.12.010 of the Orange Municipal Code relating to arcade games. (A2500.0. Amusement
Devices, Coin Operated)
MOTION
SECOND
AYES
Spurgeon Slater
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 3-98 be read by title only and same was passed and adopted by the preceding vote.
9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 8
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CITY COUNCIL MINUTES FEBRUARY 10, 1998
10. ORAL PRESENTATIONS
Barbara DeNiro, address on file, distributed photos regarding approximately 15 mini storage
units and two large trash dumpsters located behind WalMart on the Canal Street parking lot,
asking when will they be removed? Ms. DeNiro also asked for a copy ofthe Villa Ford and Ford
of Orange bids from the previous Council meeting.
The City Manager will investigate the storage units and get back to Ms. DeNiro.
The Finance Director indicated a copy of the bids are in Finance and will be made available to
Ms. DeNiro.
Carole Walters,address onfile, commented on the Interim Police Chief Richard's newspaper
article. Ms. Walters wanted to know ifthe City Manager had his own attorney and ifthe City
was paying. (C2500.K)
The City Manager responded he did not have an attorney.
Ms. Walters further commented that Councilmembers Slater and Alvarez should be able to go
out and speak. Ms. Walters announced she is president of the Orange Political Action
Committee.
Nick Lall, 6231 E. Mabury Avenue, asked what parameters the City uses to determine if an
employee is to be placed on Administrative Leave or not?
The City Attorney indicated he would respond to the question when Mr. Lal1's three minutes
were up. Mr. Lall indicated he needed the answer before he could respond.
The City Attorney indicated Oral Presentations are for public comment and not a debate, and his
office is open for the public to ask questions and receive answers.
Mr. Lall felt his comments needed to be made publicly and was disappointed with the posture of
the Mayor and Council as far as allowing the lack of discussion. The policy is constantly in flux
and utilized at the Mayor's prerogative. Councilman Slater and Alvarez were commended
because of their efforts to bring issues forward to the public.
The City Attorney responded he would provide Mr. Lall with a letter he had sent to Pamela Pratt
who had the same questions. There are many different factors involved when determining how
an employee is placed on Administrative Leave; the severity of conduct, the likelihood the
conduct would be repeated, whether or not the presence of the employee still at the site would
cause additional exposure ofliability to the City. The Council does not make the decision to
place employees on leave. Regarding the Conflict of Interest investigation, the City Attorney felt
there is no likelihood this conduct would be repeated, no danger or exposure to City liability in
having Mr. Rudat continue as City Manager. This issue has been investigated and a report
privileged and confidential was provided to Council, but subsequently given to the newspapers
by someone. It was found that if Mr. Rudat did violate any conflict of interest laws, it was
inadvertent and unintentional and none of the decisions made by Mr. Rudat in any way 10
PAGE 9
JmlH III
CITY COUNCIL MINUTES FEBRUARY 10, 1998
10. ORAL PRESENTATIONS (Continued)
financially benefited the Hambarians. The District Attorney has jurisdiction and mayor may not
find differently.
Regarding the Police Chief, the City Attorney did recommend placing him on Administrative
Leave. Mr. Rudat also counseled with three other labor attorneys and the Personnel Director.
Each issue is looked at separately.
Kathy McCaleb, 2603 Brookside, expressed concern about the safety of the City while the Chief
has been on leave. Within the last three weeks there have been shootings and the Pearl Street
Gang is meeting again.
The City Manager commented the style of community policing and cultural changes has brought
positive changes. The Pearl Street Gang is being addressed by the Police Department and the
community is a top priority with the Police Department.
Brian McClaeb, 2603 Brookside, requested a spokesperson from CLEAN (Citizens for
Leadership, Ethics and Accountability Now) be allowed equal time during Police Department's
roll call because the City Manager has made disparaging, dismissive and biased statements about
citizens who have spoken at Council meetings in support for Chief Robertson.
The City Manager remarked CLEAN will not be afforded that same opportunity. The briefings
at the Police Department was a motivational speech to continue doing the fine job they are doing
with a general message to not have negative behavior toward people addressing the Council.
Shannon Tucker, 556 E. Culver, commented she had re-watched the video ofthe October
28th Council meeting and statements made by the City Manager and Personnel Director
concerning placing the Chief of Police on leave were to insulate him from any possible allegations
from members of the Police Department, that he could retaliate against them. Also, it was to
insulate the City from any liability from those allegations. The City Manager in theory could be in
a position to retaliate or cause intimidation to employees that sit under him who may
have information related to the article regarding the Hambarian property. There are many
employees that had some type of contact. If that policy holds true for inconsistency, then why would it
not be applied to protect the City from
liability?Ms. Tucker read from a letter to the Council dated February 5, 1998: "You cannot hide
behind the personnel laws when it comes to basic procedural mishaps and the unnecessary
expenditure of taxpayers' money. Explain how Dean Richards was selected to serve as interim
Chief.Explain twelve phone calls from City Hall to Dean Richards home in Redding within a
two month period this summer. Explain his being in Orange prior to the Chief being placed on
leave and prior to the date of the second allegations filed against the Chief of Police.
Explain demotions and promotions at the Police department occurring with a month of the Chiefs
leave.At the October 28th meeting, the City Manager assured citizens that no changes would take
place at the Police Department and he was to retain the new chief and the interim chief was to
retain the status quo. Explain repeated violations of the Brown Act beginning October 14th.
Explain PAGE
10 L..---
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CITY COUNCIL MINUTES FEBRUARY 10,1998
10. ORAL PRESENTATIONS (Continued)
three gang related shootings in one week in January and an increase in graffiti citywide. Is this a
coincidence? Ms. Tucker submitted the letter to Council for their review.
Judy Sollee, 821 E. VanBibber, commented she has been approached by hundreds of people
asking what is going on. Ms. Sollee thanked the Mayor and Council for the job they are doing,
and appreciated the three minute time limit.
Bob Bennyhoff, OPA, commented no one could have stopped the shootings that occurred in
Orange.
Mayor pro tern Slater responded that he will not accept the status quo of shootings going on in
Orange and felt the questions raised by Shannon Tucker should be answered.
10. RECESS
The City Council will recess to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:
Medix
Ambulance Service, Inc. v. City of Orange; Orange County Superior Case No. 754497 Vista
Royale Homeowners Association v. 396 Investment Co., et al.; Orange County Superior Case
No. 78 02 84 b.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiator: Personnel Director Steven Pham; Employee Organizations: Top Management,Police
Management, Orange City Firefighters, Fire Management.c.
Conference with Legal Counsel pursuant to Government Code Section 54956.9 (b) -anticipated litigation:
oranre Resource Recovery Systems (ORRS)d. To
consider and take PO~'sible action upon such other matters as are orally announced by the City Attorney,
City Manag r, 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 12.1
INVOCATION Given by
Pastor Datell Chambers, Plaza Bible Church 12.2
PLEDGE OF ALL~GIANCE TO THE FLAG Led by
Councilman !Alvarez I I
PAGE
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CITY COUNCIL MINUTES FEBRUARY 10, 1998
12.3 ANNOUNCEMENTS
Mayor Coontz asked the City Attorney to explain the existing Term Limit Ordinance because of
errors in the local newspaper. The City Attorney responded the Term Limit Ordinance went into
effect November, 1996. The Mayor serves three consecutive two year terms and
Councilmembers serve two consecutive four year terms. No person shall serve more than three
consecutive two-year terms as Mayor. No person shall serve more than 14 consecutive years
in the offices of Council and Mayor. No person who has served more than 12 consecutive years
in the offices of Mayor and Council, whether appointed or elected, may seek an
additional consecutive term in either
office.12.4 INTRODUCTIONS - None
12.5 PROCLAMATIONS - None 12.
6 PRESENTATIONS - None 13. PUBLIC
HEARINGS 13.1
GENERAL PLAN AMENDMENT No. 2-97, CONDITIONAL USE PERMIT 2191-
97, TENTATIVE TRACT MAP 15546, HEARTHSTONE DEVELOPMENT
CORPORATION:
Time set for a public hearing on petition by Hearthstone Development Corporation, owner
Southern California Edison, to consider General Plan Amendment 2-97 to
redesignate approximately 0.86 acre of property from Open Space (OS) to Low Density Residential (
LDR)and approximately 0.5 acre from LDR to OS; Conditional Use Permit 2191-97 to
approve a Planned Unit Development of 46 units on 7.797 acres of property; and Tentative
Tract Map 15546 to create 46 parcels and 3 lettered lots on 11.57 acres of property, located south
of Taft Avenue, between the Newport Freeway and
Morningside Street.NOTE: Negative Declaration 1535-97 has been prepared to evaluate
the environmental impacts
of this project.The Director of Community Development presented the project. The
single family residential lots are 4,000 sq. ft. The proposed two-story homes are 1400-1600
square ft in size. Concern has been expressed by the neighbors to the east
of Morningside regarding the proximity.Attention has been given to create a 20 ft. setback to the rear of the
homes with no second story windows that face the single family homes to the east. There are two
car garages with 18 ft.driveways. The tract circulation provides for a private road system
allowing for parking on one side of the street only. A red curb on the other side of the
street provides for emergency service.At the Planning Commission meeting a petition was
submitted
in opposition from surrounding neighborhoods.Orange Unified School District has submitted a letter discussing the
project's impacts on local schools. The District and Developer have met
and are
discussing this
issue.PAGE 12 k..--Ii I'
CITY COUNCIL MINUTES FEBRUARY 10, 1998
13. PUBLIC HEARINGS (Continued)
After a discussion with concerned neighbors, the following two conditions are proposed to be
added: 1) Dedicate a ten foot wide easement for storm drain purposes to the City along the
entire westerly tract boundary. 2) Tract storm drain system to outlet into the existing open
trapezoidal channel at the southerly end of the tract. Design to be approved by the City
Engineer.
Bob Mickelson, P. O. Box 932, Orange, representing Hearthstone Development, reported on
neighborhood meetings that were held to receive input on the project which was found to be too
high in density (61 units). It was noted the adjacent neighbors wanted 8,000 sq. ft. lots. The
Planning Commission recommended the project be scaled down to 46 units which opened the
project up creating a private park, streets, conventionally designed homes with 20 ft. rear yards
adjacent to the Morningside homes. The roofs start at a one story elevation and sloped away
from the existing residences. The lots backing up to the freeway are larger with option of having
more outdoor space. The two new conditions outlined by the Director of Community
Development are acceptable.
Council discussion:
Mayor Coontz asked about the trees shown at the project entry. Mr. Mickelson indicated the
architect has drawn Orange Trees, but other decorative trees could be used. The entry area would
be maintained by the homeowners association. Mayor pro tern Slater asked when the Edison
Company would improve the area adjacent to Taft Avenue? Mr. Mickelson indicated it would be
in conjunction with the development. Mayor pro tern Slater asked if flooding in the existing cul-
de-sac had been a long term problem, maybe the City could do something in conjunction
with construction that would alleviate that
problem.The Director of Public Works reported the City's Master Plan of Drainage calls
for improvements in that area; an extension of a storm drain from the existing 84 inch line
running along the property line into the cul-de-sac to relieve the flooding
condition that would occasionally occur in the street; and the other improvement is an extension of a
storm drain down Taft to collect water flowing on the surface. This would rank priority 3 and
4, and the Department is currently working on priority 2. This is not included in the
Sever Year
Capital Improvement Program.MAYOR COONTZ OPENED
THE PUBLIC HEARING.
Speaking in opposition:Charles Frey,
2309 E. Lakeside Alex W. Ciavola, 2440
E. Hillside Ave.Jennifer Atkins, 1752 N. Morningside St., submitted petition with
approximately 328
signatures PAGE 13
CITY COUNCIL MINUTES FEBRUARY 10, 1998
13. PUBLIC HEARINGS (Continued)
James and Betty Roberts, 1752 N. Morningside St.
Arto Nuutinen, 4920 Campus Dr., Newport Beach, Attorney for Orange Unified School District
Vincent Rozzano, 1763 N. Warbler PI,
Pat McCrory, 2415 Taft Ave.
Joe Davis, 1659 N. Morningside
Carole Walters, address on file
John Thawley, 545 S. Orange
Their concerns were expressed as follows:
In two years the freeway construction will begin and the first row of apartments behind K-
Mart is due to be removed. The tenants will be paid to relocate and concern was expressed that
two families will buy homes together. It was asked if there was anything in the CC&R's to
prevent
this.Project will increase
traffic.This project is located next to one of the finest neighborhoods in the City and will negatively
impact it.
Homeowners' arguments were ignored by the Planning Commission.
The interest of the builder comes before the interest of the homeowners.
Rej ect this plan and postpone action for one year to allow time to study the risks.Culver
drain has doubled in size and is still flooding.Parking
problems.Nothing
is being done about high density.Planned
Unit Development should not be allowed in a residential area zoned for R-I-
8.Project is too close to the magnetic fields/power
lines.Project will overload the
schools.This project is about money, not quality oflife in
Orange.Council should reject the proposed PUD and requests the developer to establish a PUD
within the General Plan of dwelling lots with a minimum of 8,000 sq.
ft.Opposed to moving the hiking
trail.Project will devalue surrounding properties and increase problems in the
neighborhood.The School Board at the Planning Commission meetings said this type of development may
create about 20 kids in the local schools. To say this would produce 20 kids would be a false
statement.
Concern about the safety factor of having homes next to the 55 Freeway.
Mr. Nuutian commented the letters to Council document what the school district's concerns are
in relation to being able to accommodate the students that would be generated by this project.
The school and developer have met.
Speaking in favor:
Michael Tidus, Law Firm Jackson, Demarco & Peckinpaw, 4 Park Plaza 16th Floor, Irvine,
representing Hearthstone Development, reported the California Supreme Court in 1996 found
I l il t J
PAGE 14
CITY COUNCIL MINUTES FEBRUARY 10, 1998
13. PUBLIC HEARINGS (Continued)
electrical magnetic fields have no physical effect on the environment and no effect on the health
of individuals. According to their study, this project will produce ten elementary school
students, leaving nine students before there will be an effect on capacity.
The Orange Unified School District and Hearthstone Development have met and agreed that the
District will not protest the project, or file an action challenging the entitlements provided the
developer pay the statutory school fees which are $1.93 sq. ft., and in addition pay for the cost of
mitigating the development. Also, provide to the District four portable classrooms totaling
approximately 3,000 sq. ft. of school housing. The estimated value at present is approximately
68,000. If the developer does not provide those four temporary classrooms, the developer will
pay $68,000. Because this is subject to approval by the School Board, and ifthey decide not to
accept it, this agreement will go away. In addition, if the agreement is approved by the District
Board the developer will pull the Certificates of Compliance by the end of the year.
Mr. Nuuiten indicated the portable classrooms would have to be provided to the School District
in a condition that would meet the State requirements.
The Assistant City Attorney noted the developer only wanted the one condition for the record
with an escape clause if the School Board does not approve it.
Council Discussion:
Councilman Murphy expressed concern that Council would even be involved with adding
conditions to this project as a side agreement between the School District and Developer. This
should be a separate discussion and negotiations. One would prefer seeing the school district
come forward and discuss this with the City directly rather than encumber any individual project.
Mayor Coontz commented with the problems the school district has today with building and
rehabilitation of buildings, there is no developer fee that will assist then to achieve what it is
they would like to accomplish. The City has not seen the proposal the School District has put
forth, and State Law requires the City to justify the developer impact fees through a study. It was
asked what had happened with the money collected over the past twenty years under SB201; and
what happened to the fee money which comes to OUSD on redevelopment properties. The
School District and City staffhave already discussed developer fees as well as other issues
relating to schools and are continuing their discussions.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
REBUTTAL:
Bob Mickelson, representing Hearthstone Development, commented the reality is no one will
come forward and propose 8,000 sq. ft. lots on this small triangular shaped site with its present
limitations. This project is a compromise which provides opportunity for young families and
PAGE 15
II!~ II 1111
CITY COUNCIL MINUTES FEBRUARY 10, 1998
13. PUBLIC HEARINGS (Continued)
retirees to buy homes. 46 units will generate 15% traffic during the day; evening peak hour
traffic would be less than 10%. Peak hour traffic on Taft Avenue is minimal. Regarding the
possibility of putting a second unit on the R-l lot, the PUD has a provision that does not
allow PUDs of only 8-10,000 sq. ft. The trail was moved prior to the application for this
project and not to Hearthstone'
s advantage.The Director of Community Development reported the PUD ordinance has been in effect
for 25 years. There are many planned unit developments in a variety of residential zones
throughout the City. The General Plan designation for this property is low density with a range of
2-6 dwelling units per acre. The proposal is consistent
with that designation.The Director of Public Works reported most of the right-of-way acquisition
for the 55 Freeway is in the vicinity of interchanges and is not aware of any in this immediate
area. This project is not
affected by any right-of-way acquisition.In response to Mayor pro tern Slater's
concern regarding the easement, the Director of Community Development commented Condition No.
24 requires the Edison Company to prepare a landscape/irrigation plan to improve the frontage along
Taft Avenue. This will be submitted to the Design Review Board for approval
and will include the type of trees.The Assistant City Attorney explained
CEQA does not cover socio-economic impacts unless there were enough students to necessitate a new school
to be constructed which is not the case here and is the reason why a
Negative Declaration was prepared instead of an Environmental Impact Report. CEQA looks at
impacts the
project will have upon the environment.Council Discussion:Councilman Alvarez commented he did not
feel
the project was compatible to the adjacent neighborhood.Councilman Spurgeon commented this is
a good project but in the wrong location.Mayor Coontz commented it is
a difficult project with tremendous constraints. The Planning Commission spent three meetings trying to come up with
a positive project for the City and the best course of action is to continue the
project to a later date to make changes.Mayor Coontz asked Mr. Mickelson ifhe was willing
to go along with
the continuance and he concurred with the continuance.Mayor pro tern Slater asked what is the pad
elevation of homes backing up to Morning side versus the homes on Morningside? Mr. Mickelson
indicated they were at the same grade, not higher. Mayor pro tern Slater commented he wanted
to see the whole thing remain as open space; but after consideration wanted to make sure the
space under the Edison lines remain as a green belt. He did not have a problem with the
lot sizes
and the project would
be
CITY COUNCIL MINUTES FEBRUARY 10, 1998
13. PUBLIC HEARINGS (Continued)
improvement to the neighborhood. His concern was with having two story homes that close to
existing one-story ranch style homes; ifhomes are set below grade it offsets the impact of
having two-stories. Mayor pro tern Slater would like to see another alternative with slightly
bigger lots.Councilman Murphy suggested considering at least the line of those lots adjacent
to Morningside tract so they line up width wise showing a lessening of
impact standpoint.MOTION -
Murphy SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to continue the public hearing to March 10, 1998 Council meeting.RECESS
The
City Council recessed at 9:15 p.m. and reconvened at 9:20 p.m.14.
PLANNING AND ENVIRONMENT - None 15. ORAL
PRESENTATIONS Carole Walters,
address on file, received a copy of a letter in support of Police Chief Robertson sent out
to the Police Officers and others from the Interim Police Chief. She wanted to go on record that
she did not have anything to do with it. It was suggested the Police should have taken finger prints
offthe letter. When Shannon Tucker and Ms. Walters talked to the City Manager about what
he said to the Police Officers, he indicated nothing, so Ms. Walters was shocked about what
the City Manager said at the 4:30 p.m. Session.Ms. Walters
announced she will have her own newsletter called "Inside Orange" as well as a web site.Barbara
DeNiro,
address on file, commented she was here 20 years ago when the population study for
the schools was done, and no one could imagine what would be happening to the schools population.
The problem is the transient population. The residential area does not provide for
overcrowding. Most overcrowding in schools comes from the surrounding high density of
apartment complexes.PAGE 17
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III
CITY COUNCIL MINUTES
16. ADJOURNMENT
MOTION
SECOND
AYES
FEBRUARY 10, 1998
Mayor Coontz Murphy
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez The City Council
adjourned at 9:30 p.m.CASSANDRA J. C
CIT n~~~--1 .. - -... ':-- -----
j..
j
JOANNE
COONTZ
MAYOR
PAGE
18