04-14-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 28, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING Apri114, 1998
The City Council of the City of Orange, California convened on April 14, 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 Murphy
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Mayor Coontz
recognized Girl Scout Troop 18 in attendance at the meeting.1.4
PROCLAMATIONS Arbor Day
in Orange, April 25, 1998, accepted by Harry Thomas, Director of Public Works Earth
Week,
April 19-25, 1998, accepted by Harry Thomas, Director of Public Works National
Community College Month honoring Rancho Santiago Community College District
and Santiago Canyon College, accepted by Dean Strenger, President, Santiago Canyon
College, Edward Hernandez, Jr., Chancellor ofRSCCD and Larry Labrado,President
of the Board of Trustees.Home
Building Day, March 24, 1998, accepted by Gerald Gates, President ofBeazer Homes,
representing the Building Industry Association 2.
CONSENT CALENDAR Tape 474 2.
1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda
of a regular meeting of April 14, 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 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 ofthe City Clerk.PAGE
1 1'
1
CITY COUNCIL MINUTES April 14, 1998
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated March 19, 26 and April 2,
1998.
ACTION: Approve.
2.3 Request approval of City Council Minutes, Regular Meeting, March 10, 1998,
March 24, 1998 and Adjourned Regular Meeting, April 7, 1998.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
REMOVED AND HEARD SEP ARATEL Y)
2.5 Second Amendment of Consultant Agreement for Main Library Renovation.
A2100.0 AGR-2885.
2)SUMMARY: Second Amendment Consultant Agreement with Robert R.
Coffee,Architect and Associates, in the amount of$11,175 for architectural services for the
Main Library
Remodel.Discussion: Norm Phillips, 348 Redwood, asked why the $1.5 million for the
Main Library Renovation did not include the remodeling plans, and commented on the delay
of the
project.The Director ofCommunity/Library Services responded there will be an
approximate eight week delay in the project. The City Manager clarified $11,175 was not included
in the $1.5 million. It was discussed with Council that there would be additional costs
for the architect to rework the
plan.MOTION - Spurgeon
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT:
Sufficient funds are budgeted for this amount in Account No. 100-2001-426700,
Library Administration: Other Professional, $11,175.PAGE
2 l~
r
CITY COUNCIL MINUTES April 14, 1998
2. CONSENT CALENDAR (Continued)
APPROPRIATION
2.6 Worker's Compensation
I1200.0.3.8)
Claims Compensation Budget Appropriation.
SUMMARY: Appropriate $230,000.00 from Fund 730 (Workers' Compensation) to
Account No. 730-1412-432100, Claims Compensation, to cover
unexpected workers'compensation
medical benefits.
ACTION: Approved.FISCAL IMPACT: Adequate funds are available in the Workers' Compensation
fund to cover the $230,000.
00 appropriation.REMOVED AND
HEARD SEPARATELY)2.7 Stagecoach Fire Reimbursement to Orange County Fire Authority. (
C2500.H)SUMMARY: Appropriate $42,538 from the Unreserved Fund Balance in
the General Fund to reimburse the Orange County Fire Authority for contract labor
provided during the Stagecoach Fire of October
26, 1993.Discussion: Barbara DeNiro, (address on file), asked why the City is paying
for contract labor provided during the Stagecoach Fire
of 1993?The Fire Chief responded the reimbursement was received from the
Federal Emergency Management
Agency (FEMA).MOTION - Mayor
Coontz SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION:
Approved.FISCAL
IMPACT: Appropriate $42,538 to Account No. 100-3021-411101,
Regular Salaries - Safety.
BIDS
2.
8 Purchase of Exhaust Filtration Systems for Fire Engines. (C2500.H)SUMMARY:
Authorize the purchase in the amount of $45,944.60 for five (5) exhaust filtration
systems for five (5) Orange City Fire Engines and waive the bid process for Ward
Diesel Systems, Inc., the single vendor/provider for the exhaust filtration system.ACTION:
Approved.PAGE
3 r-
I--~--- --~- - -------
CITY COUNCIL MINUTES April 14, 1998
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Sufficient funds are budgeted for this amount in Account No. 720-
5023-471301-2507, "Diesel Exhaust Filters," $45,
944.
60.CLAIMS 2.9 CLAIMS FOR DAMAGES FROM: (
C3200.0)a.
Vista Royale b. Truck
Insurance Exchange c.
Brian Richards d.
Brossy Reina e.
Alexander Cortez f.
Patrick Tocher g. Michael
R. Coulter FISCAL
IMPACT: None.ACTION: Denied claims for damages and referred to City Attorney
and
Adjuster.CONTRACTS 2.10 RMS Engineering Professional Services Contract Change Order. (
A2100.
0 AGR-2942)SUMMARY: RMS Engineering is working to complete final
plans, specifications, and estimates to seismically strengthen the Headquarters Water
Plant Building. Additional work areas have been identified requiring extra engineering work. This
change order is necessary to accommodate the
additional engineering work.ACTION: Approved Contract Change Order No. 1 in the amount of $9,960.
00 to
RMS Engineering Inc.FISCAL IMP ACT: Funds are budgeted and available in the
following account: 601-8041-481200-8211 $9,960.00 (
Water Plant Building Seismic Retrofit).2.11 Amendment No. 1 to Contract No. 2964 with
Kimley-Horn and Associates in the amount of $3,900 to design lighting improvements
in the
Depot Park. (A2l00.0 AGR-2964.1)SUMMARY: Amendment No.1 to
Contract No. 2964 will provide professional services to evaluate the lighting conditions in
the Depot Park and design additional landscape lighting, including Tivoli lights in the trees, to
enhance the safety
and aesthetics
CITY COUNCIL MINUTES April 14, 1998
2. CONSENT CALENDAR (Continued)
ACTION: Approved Amendment No. 1 to Agreement No. 2964 with Kimley-Horn
and Associates in the amount of $3,900, and authorized the Mayor and City Clerk to
execute on behalf of the
City.FISCAL IMPACT: The additional $3,900 to Contract No. 2964 will be paid
from Account No. 922-9811-426700 (Southwest
Redevelopment
Professional/
Consulting Services).RESOLUTIONS 2.12
RESOLUTION NO. 8900 A Resolution of the City Council of the 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 2459 North Santiago
Boulevard. (
C3300.0 CUP-2203-97)Conditional Use
Permit 2203-
97 Applicant: Edward Howard ACTION:
Approved.2.13 RESOLUTION NO. 8902 A Resolution of the City Council of the City
of Orange finally accepting the completion of a certain public work and improvement;
SP 3211; Brongo Construction;
Mabury Creek
Restoration. (A2100.0 AGR-
2952)ACTION: Approved.REMOVED AND
HEARD SEPARATELY)2.14 RESOLUTION NO. 8905 A Resolution of the City Council of
the City of Orange making certain findings,including that certain City-owned real
property commonly known as 492 S. Orange Street is surplus to the City's needs,
and authorizing the sale thereof through
a publicly-noticed,competitive bid process. (P2500.0.1)NOTE: Mayor
pro tem Slater
abstained due to
a property interest.MOTION - Spurgeon SECOND - Murphy
AYES - Murphy, Mayor
Coontz, Spurgeon,
Alvarez ABST
AIN-
CITY COUNCIL MINUTES April 14, 1998
2. CONSENT CALENDAR (Continued)
2.15 RESOLUTION NO. 8906
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and approving the realignment of the
boundary line between property zoned R-O (Recreational-Open Space) and
M-H (Mobile Home) on property situated west of Prospect Street between Spring
Street and Walnut Avenue and the reclassification of property situated on both sides
of Prospect Street between Walnut Avenue and Spring Street from M-H (
Mobile Home) to R-3
Residential, Multi-Family). (ZI500.0 ZCG-1191-97)Zone
Change 1191-
97 - Applicant: Beazer Homes California,
Inc.ACTION: Approved.2.16 RESOLUTION NO. 8907 A Resolution of the City Council of
the City of Orange upholding the recommendation of the Planning Commission of the
City of Orange and approving the subdivision of property situated west of
Prospect Street between
Spring Street and Walnut Avenue.T4000.0 TRT-14680)Tentative Tract 14680,
Minor Site
Plan Review
45-97 - Applicant: Beazer Homes
California, Inc.ACTION: Approved.2.17 RESOLUTION NO. 8908 A Resolution of the City Council
of the City of Orange upholding the recommendation of the Planning Commission of the
City of Orange and adopting a precise street alignment for the eventual
construction
of the Walnut Avenue/Spring
connection. (T4000.
0 TRT-14680)Applicant: Beazer
Homes California, Inc.ACTION: Approved.2.18 RESOLUTION NO. 8909 A Resolution of the City
Council of the City of Orange expressing appreciation to Police Officer Carl K.
Orne for
17 years
ofloyal
CITY COUNCIL MINUTES April 14, 1998
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
2.19 RESOLUTION NO. 8899
A Resolution of the City Council of the City of Orange approving the Memorandum of
Understanding between the City of Orange and the Police Management Association
concerning wages, hours, and other terms and conditions of employment effective March
1, 1998 through February 28, 2001 and repealing Resolution No. 8638 and amendments
thereto for said employees. (C2500J.4.2.1)
Discussion: Carole Walters, (address on file), commented it seems those receiving a pay
raise were involved in the Chief Robertson issue.
The Personnel Director responded the law requires that the Association meet and confer
in good faith. The contract was up for review regardless of the issue with Chief
Robertson.
The Assistant City Attorney noted a revision to Page 9, Section 8 of the Resolution.
MOTION - Spurgeon SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved, as
revised.SPECIAL EVENTS REMOVED
AND HEARD
SEPARATELY)2.20 Request
from the Orange County Mustang Club to close the Plaza for a display of approximately 200 Classic
Ford cars on Sunday, July 12, 1998 from 6 a.m. to 5 p.m.p1300.0.9)
Discussion: Carole Walters, (
address on file), asked if Orange Street is the cut-off? The report should
indicate if Grand Street is to be included.The Director
of Community Development responded the eight block barricaded area would include
Chapman Avenue to Grand Street. The standard street closure is two blocks east
and west and one block north and south.Mayor Coontz
requested the information be included in the report in the future.The Director
of Community Development commented the Orange County Mustang Club is an
eleven year old organization with approximately 450 members, who conduct monthly meeting
events working with a variety of non-profit organizations. The largest event
they are involved with is the All Ford Club Show at La Palma Park in Anaheim.The
organization is competent and has acted responsibly in past events.PAGE
7 1
T F i.' I
CITY COUNCIL MINUTES April 14, 1998
2. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved, with
the street being blocked at Orange Street as indicated in Section 1 of
Resolution 8901 (Item No. 2.21).FISCAL IMPACT: A $
1,000 bond would be deposited with the City to cover any costs.2.21 RESOLUTION
NO. 8901 A Resolution of
the City Council of the City of Orange authorizing the temporary closure of Chapman Avenue
from Olive Street to Orange Street, and Glassell Street from Maple Avenue to Almond
Avenue only within the Historic Plaza area, for a special event on July 12, 1998. (
S4000.S.4)Event: Orange County
Mustang Club Classic Car Show ACTION: Approved.2.
22 RESOLUTION
NO. 8904 A Resolution of
the City Council of the City of Orange approving the Memorandum of Understanding between the
City of Orange and the Orange Fire Management Association concerning wages, hours,
and other conditions of employment for the period of March 1,1998 through and
including February 28,2001 and repealing Resolution No. 8666 and amendments thereto for
said employees. (C2500.J.4.3)ACTION: Approved.MOTION -
Spurgeon SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Item Nos. 2.5, 2.7,
2.14, 2.19 and 2.20 were removed and heard separately. Mayor pro tem Slater abstained on Item No.
2.14. The remainder of the Consent Calendar was approved as recommended.END OF CONSENT
CALENDAR 3.REPORTS
FROM MAYOR COONTZ Tape
1017 3.1 Planning for the future -
Report on the City's Capital Improvement Program.Mayor Coontz gave the following report:PAGE
8
CITY COUNCIL MINUTES April 14, 1998
3. REPORTS FROM MAYOR COONTZ (Continued)
The future of our city is built year to year through its operating budget. At the last Council
meeting I gave a brief overview of our study session on this document. The Capital
Improvement Plan, another budget document, has even greater significance because it lays out
each department's public improvement plans not only for the coming year but seven years into
the future. Last week, this major planning document, in draft form, was presented at our second
budget study session, this one in conjunction with the Planning Commission, which must
approve the Capital Improvement Plan under State law before it comes to the Council for final
approval. Each department featured their most important projects for 1998-99 and beyond,
into the fiscal year 2004-05, well beyond the millenium. I was most impressed with the quality
of the efforts of our departments, led by our City Manager, and the easy to understand new
format of the Seven Year Capital Improvement Plan. This plan covers 109 projects over seven
years, an investment of nearly $18 million in the coming fiscal year and more than $91 million
over the seven year horizon. The Council and the Planning Commission can be credited too,
with their knowledge of the needs of the community and their participation through
questions and recommendations. Typically, there was only one member ofthe community present,
along with representatives from
the press.The bulk of the capital projects are in the departments of Public Works and
Community Services.These departments are responsible for renovating and maintaining the facilities of a 110
year old city and building new facilities to meet the needs of an ever increasing
population, now numbering 130,000. Here is just a sampling of their efforts to bring our City up to
a new standard
of excellence.The largest single project the Department of Public Works has ever done, at a total valueof $
7.4 million, including right-of-way and construction, will be the widening
of City Drive and improvement to the City Drive/Chapman intersection. These fast
track projects must be completed early in November, before the opening of The Mills. Together
with the work being done to improve the I-5, our City's western border will become one
of the most vital commercial and business areas in Orange. In central Orange, Public Works
is preparing for three major projects to accompany the soon to be widened 55 Freeway. They
are improvements to the Meats and La Veta bridges and an additional north bound on-ramp
at Katella. Public Work's active program to improve sewers and storm drains paid
offby minimizing damage from the heavy winter rains we experienced, and millions of dollars will
continue to be spent on these improvements in next year's budget. The City will begin
a new program to improve the pavement in 48 public lots in the next few years and
most importantly,
maintain them on a regular basis.The Department of Community Services is responsible for
all our parks, our recreation programs,and the libraries. Five baseball and soccer fields, two
concession stands, restrooms, tot lots and other amenities will become a reality at McPherson
School through next year's Capital Improvement Budget. All the active parks throughout
the City will receive major improvements,and in some cases redesign, before the year 2000 to meet
the increasing recreation needs of our community. The City Council has expressed a continuing
interest in an enclosed gym, perhaps in conjunction with a Community Center, and the City
Manager will
pursue that
possibility
CITY COUNCIL MINUTES April 14, 1998
3. REPORTS FROM MAYOR COONTZ (Continued)
Libraries are the hallmark of the great cities of our nation, and this City Council has emphasized
our need for improvements. The renovation of the Main Library, the smallest per capita in
Orange County, will be completed October 15th of this year with the grand re-opening
on November 15th at a cost of$1.576 million. The renovated library will serve the community
until various funding sources are made available to construct a state of the art building to fully
meet the needs and expectations of our community. The Council has requested that a new
facility become a line item on this and future Capital Improvement
Budgets.Another project of Community Services within the seven year projection are plans to
renovate the Plaza Park, provide more space for outdoor dining, and to improve the traffic circulation
in and around the
Plaza.This is just a sampling of the projects delineated in the CIP Budget which consists of over
300 pages. I believe we should provide more opportunities for the public to be informed about
the progress we are making to provide our community with the best facilities and services
available.I hope that in the near future, we can improve our information to the public through our Web
site,and city sponsored publications. The need is evident. We are, and have been, in the
information
age."Councilman Murphy requested, through the Chair, that the City Manager direct staff to prepare
a report for consideration of standard city monuments or markers for the entrances to the
City.Mayor Coontz requested properties that surround the entrances to the City be cleaned
up,whether it be city or county
property.4. REPORTS FROM COUNCILMEMBERS - None
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1257
5.1 Accept letter of resignation from Steven G. McHarris dated April 3, 1998 resigning
from the Design Review Board. Instruct the City Clerk to advertise according to Maddy
Act requirements. (ORI800.0.8.1)
Mayor Coontz indicated Steven McHarris is moving out of town.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept
the resignation, with regrets.PAGE 10 F---
T~--
CITY COUNCIL MINUTES April 14, 1998
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.2 Re-appoint Frank Bauman, Jim Brennan and appoint Jack Selman to the
Building Board of Appeals, terms to expire 3/31/2000. (OR1800.0.42.
2)MOTION - Slater
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
re-appoint Frank Bauman and Jim Brennan, and appoint Jack Selman for terms to expire
3/31/2000.6.
REPORTS FROM CITY MANAGER Tape 1294 The
City Manager provided an update on the refunding of the Certificates of Participation (COP)for
the Police Facility. Competitive bids were received today from four underwriters wanting to buy
the COP's. The low bidder was Bank of America at a True Interest Cost of 4.7593%. The rate
is extremely competitive and lower than the interest rate range anticipated (4.8% to 5.7%).Refunding
the COP's at this rate will provide an annual budgetary savings exceeding $200,000.Net
Present Value savings over the life of the debt issue will be $2.45million.7.
ADMINISTRATIVE REPORTS Tape 1342 7.
1 Appeal of the City Traffic Commission's decision for installation of 20 feet of red curb
adjacentto the driveway at 190 N. Cypress Street. (S4000.S.3.1.1)SUMMARY:
The City Traffic Commission approved installation of 20 feet of red curb on both sides
of the driveway at 190 N. Cypress Street. Mr. Mark Paulus is appealing this decision and requesting
that the parking restriction be changed to 10 feet on each side of the driveway.The
Director of Public Works reported Gary Mead owns the business at 190 N. Cypress and submitted
the request due to problems being experienced with ingress and egress to his driveway due
to vehicles being parked close to the driveway approach. The Traffic Commission's approval
of the 20 feet of red curb on both sides of the driveway addresses the issue of the encroachment
into the driveway area and the site distance problem that exists when large vehicles
are parked in the immediate vicinity of the driveway. The appeal was filed by Mr. Mark Paulus,
a business neighbor of Mr. Mead, who felt the restriction was excessive and would reduce
the available parking on the street. The appellant suggested that 10 feet of red curb on each
side of the driveway was sufficient. Staffs response was' that 10 feet was inadequate in terms
of providing adequate site distance when large vehicles are parked adjacent to the driveway
and the reduction did not achieve the addition of a parking space. Off-street parking is
available in the immediate vicinity.
Mark Paulus, 166 N. Cypress Street, owner of Mark's Old Towne Service, indicated there has
been a parking problem since the bus station and Metrolink opened. He said Mr. Mead has
agreed that 10 feet would be sufficient for trucks and trailers to pull out of his facility.
PAGE 11
CITY COUNCIL MINUTES April 14, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Commuters park in front of his facility rather than in the Metrolink and bus designated parking.
The 10 feet on either side of the driveway is critical, as it is the aggregate parking on the street
that affects him.
Councilman Murphy asked if there are any safety issues with 10 feet on each side? The Director
of Public Works responded the 20 feet was based on the site distance consideration. The concern
was with extensive curb parking in the area. There is a potential for restricted site distance and
safety issues that do arise.
Councilman Spurgeon asked about time limitation signs in the area, which would eliminate the
commuter parking. Mr. Paulus explained a time limit would cause a problem with Gary Mead
and other businesses. The red curbs were requested because the length and width of the
driveway does not allow the semi-trucks and trailers which deliver to Mr. Mead's
business enough room for them to swing out without coming close to vehicles parked on the
street.MOTION -
Spurgeon SECOND -
Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to reduce the red curb from 20 feet to 10 feet on both sides of the driveway and direct
staff to return to Council with a report on the wider view of a small parking study of the area and
solutions.
8.LEGAL AFFAIRS Tape 1767
8.1 ORDINANCE NO. 1-98 (SECOND
READING)An Ordinance ofthe City Council of the City of Orange repealing Chapter 5.56 ofthe
Orange Municipal Code and adding a new Chapter 5.56 to the Orange Municipal Code pertaining
to Massage Establishments. (A2500.
0)MOTION - Spurgeon
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
continue to April 28, 1998.8.2
ORDINANCE NO. 6-98 An
Ordinance of the City Council of the City of Orange repealing Ordinance No. 15-97 and
adding Chapter 7.01 to the Orange Municipal Code relating to water quality and storm drain
water discharges. (A2500.0)
PAGE 12
T
CITY COUNCIL MINUTES April 14, 1998
8. LEGAL AFFAIRS (Continued)
Barbara DeNiro, (address on file), asked who the fees and charges apply to? Will it affect the
utility bill? The Director of Public Works explained the amendment allows a charge for any
permits that would need to be issued for storm water discharge.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 6-98 be read by title only and same was set for second reading by the preceding vote.
RESOLUTION NO.
8903 A Resolution
ofthe City Council ofthe City of Orange amending and revising the master schedule of
fees and charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to the regulation
of storm water discharges.MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Resolution No. 8903
as introduced, be adopted and same was adopted by the preceding vote.9. RECESS TO
THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS Tape 1867
Carole Walters, (address on file),
asked for a list of attorney fees paid on claims; announced that Ben Alivis is coming back
to Orange soon; and indicated she is not going to run for office.Mayor Coontz indicated that Ben
Olives is a pseudonym. The City Manager was directed to provide Ms. Walters with the
requested list.Barbara DeNiro, (address on file),
commented it is interesting that Steven McHarris, Design Review Board member, is leaving
town, as he put the City on the list of National Historic Districts. It is hoped the
City can make some money on the property at 392 S. Orange. Walmart still has their mini-storage
facilities up past the 30 day limit warning given. Ms. DeNiro indicated she received an
unsigned letter that was dated and sent to the City News.Norm Phillips, 347 Redwood,
asked that he not be interrupted when he was asking a question of the Director of Community
Services.Mayor Coontz informed Mr.
Phillips that all department heads attend Council meetings and respond to citizens questions
through the Mayor who chairs the meeting. Mayor Coontz indicated Council meeting protocol
is outlined in Ordinance No. 43-60.PAGE 13 1
CITY COUNCIL MINUTES April 14, 1998
11. RECESS
Carole Walters, (address on file), asked for a Point of Order which the Mayor granted. Ms.
Walters commented that asking a question is not a personal attack.
The City Council recessed to a Closed Session at 5:45 p.m. for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.
1)
City of Orange v. Mary Jeannette Morton, Trustee of Mary Jeannette Morton Revocable Trust,
Orange County Superior Court Case No. 77 77 60;2)
City of Orange v. Geneva B. Fulton, Orange County Superior Court Case No. 777762;3)
City of Orange v. Geneva B. Fulton, Mary Jeannette Morton, Orange County Superior Court
Case No. 77 77 63.4)
Lambert v. City and County of San Francisco, California Supreme Court Case No.S0654467 -
Amicus Request 5) State
of California v. City of Orange, Orange County Superior Court Case No. 77 06 73 6) Jones
v. City of Orange, et al. Orange County Superior Court Case No. 790175 7) Santa
Monica Beach Ltd. v. Superior Court, California Supreme Court Case No. S082924-Amicus Request
b. Public
employee performance evaluation pursuant to Government Code Section 54957: City Manager.c.
Conference
with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel
Director Steven Pham; Employee Organization: Orange City Firefighters.d.
To
consider and take possible action upon such other matters as are orally announced by the City Attorney,
City Manager, or City Council prior to such recess unless the motion to recess indicates any
of the matters will not be considered in Closed Session.7:00
P.M. SESSION 12.1
INVOCATION Pastor Steve
Beckham, Our Saviors Lutheran Church 12.2
PLEDGE OF ALLEGIANCE TO THE FLAG Led by
Councilman Murphy 12.3
ANNOUNCEMENTS - None PAGE 14 T------.
CITY COUNCIL MINUTES April 14, 1998
12.4 INTRODUCTIONS - None 12.
5 PROCLAMATIONS - None 12.6
PRESENTATIONS - None 13.PUBLIC HEARINGS
Tape 2208 13.1 APPEAL
NO. 442, CONDITIONAL USE PERMIT, 2195-97, RALPH ZEHNER The public
hearing on petition by Ralph Zehner to appeal the decision of the Planning Commission on
January 5, 1998 denying Conditional Use Permit 2195-97 which would allow the
construction of a structure in excess of 1 12 stories in Old Towne, required by OMC 17.
14.070(y) and Old Towne Design Standards Chapter 5.B.2.b. and Mitigated Negative Declaration
1540-97 was continued from March 10,1998 to this time. The property is located
at 630 East Culver Avenue. NOTE: Mitigated Negative Declaration 1540-97 was prepared
to evaluate the environmental impacts of this
project.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE
APPEAL:PC change of requirements once again. The project was redesigned, meeting all State,
City codes, Old Town Standards. The PC could not be more specific, so I request that this move
on."NOTE: The Director of Community Development reported Mr. and Mrs. Zehner submitted
a request for a continuance to May 12,
1998.MOTION - Murphy
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
continue to May 12, 1998.13.2
GENERAL PLAN AMENDMENT 1-98,PRE-ZONE CHANGE 1194-98 -
GREYS TONE HOMES AND LOCAL AGENCY FORMATION COMMISSION
LAFCO):
Time set for a public hearing on petition by Greystone Homes and LAFCO to consider General
Plan Amendment 1-98 to redesignate property from a combination ofMDR (Medium
Density Residential, 15 to 24 dwelling units per acre) and PF (public Facilities/Quasi Public-
Fire Station)to LMDR (Low-Medium Density Residential 6 to 15 dwelling units per
acre); and Pre-Zone Change 1194-98 request prior to annexation of property located
west of Orange-Olive Road on the Northwest corner ofthe Metrolink right-of-
way and Lincoln Avenue, to classify said
property as an R-3 District. (C2300.E GPA-I-98)NOTE: This
project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15319.The Director
of Community Development reported the property is approximately 3 12 acres within
the County
CITY COUNCIL MINUTES April 14, 1998
13. PUBLIC HEARINGS (Continued)
construction have been approved through public hearings under the County's jurisdiction. The
change to the General Plan designation and zoning will allow for annexation to the City.
Mayor Coontz asked if this project matches the development standards of the City? The Director
of Community Development responded the project comes close to meeting the City's
development standards. There are some minor differences which are more technical in nature.
The effort within Orange County and elsewhere in the State is to attempt to absorb County
islands into City jurisdictions in order to more efficiently provide services. Although it is a
County parcel, the City provides services because it is within the borders of the City.
Councilman Alvarez asked what benefit the County will get from the annexation? The Director
of Community Development explained Council recently adopted a Resolution on the property
tax sharing agreement for the future.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION- Murphy
SECOND- Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that this project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15319.MOTION -
Murphy SECOND - Mayor
Coontz AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to approve General
Plan Amendment 1-98 as outlined in Planning Commission Resolution No. PC-
16-98.MOTION -
Murphy SECOND - Mayor
Coontz AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to approve Pre-
Zone Change 1194-98 as outlined in Planning Commission Resolution No. PC-
17-98.
13.3 APPEAL NO. 444, CONDITIONAL USE PERMIT 2200-97,
MANILA
PENINSULA:Time set for a public hearing on petition by Robert King and Associates, Inc., to appeal
the decision of the Planning Commission on February 2, 1998 approving Conditional Use
Permit 2200-97 to allow the on premise sale and service of alcohol with meals within
an existing
PAGE16
T---
Tm --
CITY COUNCIL MINUTES April 14, 1998
13. PUBLIC HEARINGS (Continued)
restaurant located within the Ramada Inn Complex located at 105 N. State College Boulevard,
Orange. (A4000.0 APP-
444)NOTE: This project is categorically exempt from the provisions of the California
Environmental Quality Act per State CEQA Guidelines Section
15303.THE APPELLANT STATES THE FOLLOWING REASONS FOR
APPEAL:Zoning Code requires a CUP for a motel in this C-l zone. Per Staff, there is no
existing CUP.There have been significant recent changes to this use. The property owner is
a constructive applicant to CUP 2200-97. His affidavit affirms so. The approval of CUP
2200-97 should have been conditioned on all violations of codes and statutes being corrected
and the property being made to conform with all previously approved entitlements applications and
the plans on file.There is currently no CUP for entertainment for the existing restaurant.
Unless CUP 2200-97 is so restricted, it is not exempt from CEQA, and action under
CEQA would be justified. The motion as passed for CUP 2200-97 does not satisfy any of
the four findings
required by OMCS 17.92.020."The Director of Community Development reported the
property is currently zoned C-l and surrounded by commercial properties. The Manila Peninsula
is under lease with the Ramada Inn.During the public hearings on the application,
the neighbors adjacent to the motel property expressed concern with the existence of large 18-wheeler
trucks that use the parking lot at the northeasterly end ofthe Ramada Inn property. The issue
of alcohol did not seem to be of concern with the neighbors. The
Planning Commission recommended approval of the CUP for the alcohol and further directed the
Community Development Department to address the issue of the trucks on the property. The Current
Planning and Code Enforcement Division have been in discussion with the motel operator and
the adjacent neighbor to attempt to determine specifically what the issues are and to attempt to resolve them.
The appellant
is an occupant of an adjacent office structure.The Assistant City
Attorney concurred with the Community Development Department's determination that the complaint of the trucks
and the Conditional Use Permit are not related.Mayor Coontz asked what the activity is of
Code Enforcement regarding the truck issue? Is this a nationwide policy of Ramada Inn or
just at this location? The Director of Community Development explained the truck and trailer are
kept on the property. During a weekday visit,there were approximately 6 trucks on
the site. Councilman Spurgeon noted that eleven truckers were listed in-house
on some recent correspondence received from
the Ramada Inn.MAYOR COONTZ OPENED
THE PUBLIC HEARING.SPEAKING IN OPPOSITION TO THE APPEAL:Paul Roberts,
consultant representing Manila Peninsula, 40 Via Madero, Rancho Santa Margarita, commented that no one has an objection
to the
CITY COUNCIL MINUTES April 14, 1998
13. PUBLIC HEARINGS (Continued)
Peninsula. No problems at the restaurant have been reported by staff or the Police Department.
Mr. Robert King expressed concern with the ballroom dancing and trucks parked at the hotel.
Wendy Seibel, 101 N. State College, representing Ramada Inn, indicated complaints received
this year were the 18-wheeler refrigerated trucks that run 24 hours a day. Due to the
complaints,refrigerated trucks are no longer accepted on the property. Since January, 1998, trucks can
no longer be parked anywhere at the hotel. Twenty-five parking spaces are designated in
the back of the motel for the truckers, with five additional spaces on the right side facing
the property.There are no longer parking spaces on the side of the motel facing Rampart Street.
Ramada Inn has no plans in the future of removing the truck business; it is a large percentage
of their business. Ramada Inn has agreed to not renew contracts with three nationwide
freight firms which expire
in 1999.IN RESPONSE TO OUESTIONS
FROM COUNCIL:The Director of Community Development explained the City's ordinance does not
have specific language that addresses trucks on
commercial property.The Interim Police Chief indicated there has not been a problem with crime at the
Ramada Inn.SPEAKING IN SUPPORT OF
THE APPEAL:JeffFarano, 2300 E. Katella, Suite 235, Anaheim, representing Mr. Robert King
and Rampart Business Community Association, indicated their primary objection is the trucks parked
on the property which back up to the offices owned by Mr. King, Mr. VanDorpe, and
the Association.Pictures were distributed to Council depicting where the trucks are being parked. (
pictures on file in the City Clerk's office.) Concern was expressed that Rampart is not a truck
route. The trucks impact traffic, create noise, and aesthetically present a problem for
the adjoining neighbors. CEQA guidelines and Negative Declarations have to be considered
in combination with the possibility that this use includes dancing, banquets and weddings. The impact
of traffic connected with these uses should be looked at for traffic study, aesthetics, noise,
appearance, and economics. The elimination of trucks on the property that create a disturbance would
resolve the problem. Mr. Farano referred to a letter written to Mr. King from Mr. Hong suggesting a
wall be considered to block the sound of the trucks, indicating he believes the wall would
solve
the problem.Linda Mapes, 101 N. State College Blvd., representing the Ramada Inn, commented
Mr. King and Rampart Business Community Association would like a block wall measuring 130 feet,
6 to 8 feet high in a 90 day period. They would also like the landscaping improved or
100% similar to what is planted now along Rampart Street. A maximum of 20 trucks are allowed to
stay on the property. They are willing to work with Mr. King and the Association, but more
time
is needed.
PAGE 18
CITY COUNCIL MINUTES April 14, 1998
13. PUBLIC HEARINGS (Continued)
REBUTTAL
Dan VanDorpe, VanDorpe Cho Associates, 295 Rampart Street, commented if the property
owner had agreed to the item in his letter of April 2nd, they would not be here tonight. The
various items they have tried to work out, i.e. block wall, removal of sign, and eventual phasing
out by 1999 of the trucks were put into an agreement by Mr. King and sent to Mr. Hong. Mr.
VanDorpe disagreed with the Interim Police Chief regarding crime at the location.
Mayor Coontz commented the focus of Council should be the restaurant. The truck issue needs
to be addressed separately. The Assistant City Attorney concurred with Mayor Coontz and
expressed concern with the contractual relationship the Ramada Inn has with trucking firms,
indicating nothing in the Code allows the City to prohibit this type of parking. To do so might
interfere with the contractual relationships. In response to Mayor Coontz, he indicated a new
Ordinance would be appropriate.
The Director of Public Works commented the use of non-truck routes by trucks is permitted
as long as it is the most direct route from an unrestricted street to the truck's destination, if
the location is a legitimate destination or
origin.MAYOR COONTZ CLOSED THE PUBLIC
HEARING.COUNCIL
COMMENTS:Councilman Spurgeon expressed support of the restaurant but concern with trucks
parking overnight in the area which is currently under construction due to the widening of the
1-
5 freeway.Mayor pro tem Slater expressed support of the restaurant. The area has deteriorated
mainly due to the activity ofCaltrans and the widening of the 1-5 freeway. He is
confident when the widening is completed the area will improve. It is hopeful the Ramada Inn will
phase out the truck stop business. An ordinance should be pursued which
addresses truck parking.Councilman Alvarez requested staff also talk with the owners of the
nearby walk-in theater.Mayor Coontz commented the work on the I-5 freeway has
affected a number of businesses.Appreciation was expressed to the Ramada Inn staff for their efforts to bring
the motel up
to a more acceptable
standard.MOTION - Mayor
Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that this project is categorically exempt from the provisions of
the California Environmental Quality Act per State CEQA Guidelines
Section 15303.
PAGE
CITY COUNCIL MINUTES April 14, 1998
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny
the appeal on the Conditional Use Permit for Manila Peninsula; direct the staff to pursue amendments to
the Zoning Code to address the issues of truck parking in motels and hotels and other
businesses that have not in the past received that kind of traffic; requested the Code Enforcement Division
of the Community Development Department pursue any other efforts that they
can address the problem; and direct staff to bring back a report within 90 days to update the code.
14. PLANNING AND
ENVIRONMENT - None 15.ORAL PRESENTATIONS Tape
4572 Gary Meserve, Orange, said
he received a letter from the Traffic Commission regarding the intent to put green
curbs on the 100 block of S. Cambridge and to change the bike route. He expressed support of the
changes with the following stipulations: 1) that the street be widened in front ofP. J. Mead'
s and a take-out window put in; 2) when the parking overflows during the 15 minutes, the residents
accommodate them by allowing the overflow to park in their driveways; 3)the 15 minute
parking have patrolled enforcement; and 4) Cambridge Street be rededicated and be called Mead
Drive.Mayor Coontz requested
clarification that Cambridge Street is not all the same width. The Director of Public
Works responded there is some variation in the width. He is not sure how much right-of-
way would be available for widening without involving structures.Richard
Carlson, 159 S. Cambridge, presented a letter given by his neighbor, Steven L. Bell, to the
Traffic Department (on file in the City Clerk's office) expressing opposition to the implementation
ofthe 20 minute parking, removal of the County bikeway, and how he would have
to relocate.JeffFarano,
2300 E. Katella, commented Rampart Street is not a street necessary for trucks to use
to get to the ultimate destination (Ramada Inn). There is a driveway off State College. It was
suggested the hotel be encouraged to block offthe driveway to the rear of the property to encourage
trucks to pull into the back area.PAGE
20 I---- -
CITY COUNCIL MINUTES
16. ADJOURNMENT
April 14, 1998
The City Council will adjourn to an Adjourned Regular Meeting, April 21, 1998 at 5:00 p.m. in
the Weimer Room to discuss the 1998/99 Budget - Revenues, Projections and Expenditures.d--
ud~~CASSANDRA J. ~T CART, CMC
CITY CLERK
PAGE 21
1 IT 1-I;;