06-09-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 23,1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 9,1998
The City Council of the City of Orange, California convened on June 9, 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 INVOCATION
Helen Walker, Soroptimist
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Spurgeon
1.3 ROLL CALL
PRESENT -ABSENT -
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS Resolution No.
8931 was presented to Jere P. Murphy expressing appreciation for more than 25
years of service.Mayor Coontz
announced the following events were held in the City since the last Council meeting:
On June
3rd a memorial service was held for four former Cal- Trans employees whose lives were
tragically taken this past December. Over 500 employees and their families attended
the event.Gogh Van
Orange Arts & Music Event and C.O.P.S. Expo at Mall of Orange were held on
June 6th and 7th.The 70th
Birthday of American Legion Post 132.The City
Manager introduced the new Assistant to the City Manager, Irma Hernandez.2.PUBLIC
COMMENTS Tape 302 Carole Walters, (
address on file), commented on the use of taxpayer money and the recycling bin
charge on the water bill. Ms. Walters referred to an article in The Sentry newspaper, indicating
she did communicate with the City Clerk throughout the recall process.PAGE
1
CITY COUNCIL MINUTES June 9, 1998
2. PUBLIC COMMENTS (Continued)
Mara Brandman, 7319 Equitation Way, Orange Park Acres, thanked Hamid Bahadori,
Dennis Schmitz, and David Allenbach of the Public Works Department and Sergeant Bob
Green, Lieutenant Art Romo, and Captain Gustafson of the Police Department for their
awareness and concern for citizen safety. They acted quickly in placing delineators along
Santiago Canyon Road near the Jamestown and Windes Drive left-turn pockets.
Ms.Brandman requested the DARE program be instrumented in the middle schools and
asked that someone from the Police Department contact
her.Adele Graves, (address on file), commented on the Orange Emblem Club event
which will be held on June 13th and thanked the downtown businesses for helping
the organization help others in the
community.3.CONSENT CALENDAR Tape
570 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City
Council agenda of a regular meeting of June 9, 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 of the
City Clerk.3.2 Request Council Confirmation of warrant registers dated May 21 and
28, 1998.
ACTION:Approved.3.3 Request approval of City Council Minutes, Regular Meeting, May
26, 1998.
ACTION:Approved.3.4 Consideration to waive reading in full of all ordinances on
the Agenda.
ACTION:
Approved.AGREEMENTS REMOVED AND
HEARD SEPARATELY)3.5 First Amendment to agreement with Scott Fazekas & Associates to
provide building inspection services. (A2100.0
AGR-2903.1)SUMMARY: Due to the demand for building inspection services from
The Block at Orange (Mills), the City's inspectors are unable to meet all
demands for
building inspection
CITY COUNCIL MINUTES June 9, 1998
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Appropriate $30,000 and increase Revenue Budget by $30,000.
Councilman Alvarez expressed concern that there would be a conflict with the plan check
and inspection services performed by Scott Fazekas & Associates. The Director of
Community Development explained the individuals will not be looking at the same
projects in the different capacities.
MOTION
SECOND
AYES
Murphy Coontz
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to authorize
the Mayor and City Clerk to execute the agreement on behalf of the City. For FY
98/99, appropriate $30,000 in Account No. 100-6031-426700 and increase revenue
budget by $30,000 in Account No. 100-6031-292100 to reflect
reimbursement from The Mills for inspection
costs.
BIDS REMOVED AND HEARD
SEPARATELY)3.6 Bid No. 978-36 for Main Library Renovation (continued from 5/26/98). (
A2100.
0 AGR-3057)SUMMARY: On May 26, 1998 the City Council approved award of bid
to Great West Contractors, Inc. in the amount of $1,128,241 for the renovation of
the Main Library,excluding the Information Technology Center, moving costs and
new shelving. Great West Contractors, Inc. requested consent to withdraw its bid due to an
oversight in
the cost estimate.FISCAL IMP ACT: Funds are budgeted for FY 1997/98 in
the following accounts:310-
9645-481105-9900 (CDBG) $325,000;
500-7028-481105-9900 (Main Library Renovation) $832,000 The City Attorney reported the ten formal bids
for the project ranged from $1,128,241 to approximately $1,500,000.
Great West Contractors was the apparent low bidder, with Hollister Construction Company as
the second low bid. On May 28th, Great West Contractors faxed a letter to the City stating
a mistake was made in the preparation of the bid. The Public Contract Code requires
the following findings be made in order to grant relief to a bidder: 1) a mistake was
made; 2) the contractor gave the City written notice of the mistake within 5 days after the opening
of the bids; 3) the mistake made the bid materially different; and 4) the mistake was made in
filling out the bid and
not due
CITY COUNCIL MINUTES June 9, 1998
3. CONSENT CALENDAR (Continued)
The City did not receive notice of the mistake within five days of the bid opening. Great
West Contractors submitted a line item bid of $14,600 for dry wall and metal framing,
which should have been $146,000. Other bidders bid the same line item between $45,000
66,000.Concern
was expressed by Councilmembers regarding the project being delayed and the quality
of work of the project. The City Attorney explained a letter was sent to Great West
Contractors giving them until Thursday, June 11th at 5:30 p.m. to indicate if they intend
to go forward with the project. The project should not be delayed regardless of whether
it is performed by Great West Contractors or Hollister Construction Company.The
bid bond is approximately $112,000 - 10% of the contract price. The contractor must meet the
specifications of the contract.Richard Wolfinger,
representing Great West Contractors, said they did not comply with the five
day notice as the mistake was not found within the required five days. An honest mistake was
made. He requested relief for his bid as he does not want to litigate.TareefNashashibi, estimator
for Great West Contractors, spoke regarding the mistake he had made.
MOTION SECOND
AYES
Murphy
Slater
Murphy, Slater,
Mayor Coontz,
Spurgeon, Alvarez Moved to deny Great West'
s request for relief of its bid, finding that Great West failed to comply with the procedures of
Public Contract Code Sections 5100-5107 for relief of its bid.MOTION SECOND AYES
Murphy
Mayor
Coontz
Murphy,
Slater, Mayor
Coontz, Spurgeon, Alvarez
Moved that if Great West refuses within
3 days to agree to perform the work in accordance with its bid, then, in the
best interest of the City, approve the award of Bid No. 978-36 to Hollister Construction Company,
the second lowest responsible bidder in the amount of $1,157,000;
authorize the Mayor and City Clerk to execute the contract with Hollister Construction Company on behalf
of the City; direct the City Attorney to demand forfeiture of Great West's
security for its bid; and authorize the City Attorney to take all steps necessary and appropriate
to recover amount forfeited.PAGE 4
CITY COUNCIL MINUTES June 9, 1998
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARA TEL Y)
3.7 Bid No. 978-52 -Plans and specifications for Street Lighting Modifications in
Old Towne and authorize advertising for bids (continued from 5/26/98). (S4000.S.3.
10)SUMMARY: This project will modify, replace or upgrade the existing street lights
in Old Towne at the following
locations:Northeast area: Orange St., Center St., Cleveland St. and Pine
S1.Northwest area: Maple Ave., Lemon S1., Olive St., and Palm
Ave.Intersection of Chapman Ave. and Center
St.FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program for
these projects. The Engineer's Estimate is $397,400. Funds in the amount of $397,477
are available in Account No. 284-5032-483100-6461 (Northeast Area Project) - $
133,084.08;Account No. 310-9645-485100-1818 (Northwest Area
Project) - $221,806.80; and Account No. 284-5032-
483100-6132 (Chapman/Center) - $ 42,586.91.NOTE: Mayor pro tern Slater and Councilman
Alvarez abstained
on
this
item
due
to property
interests.MOTION
SECOND AYES ABSTAIN Spurgeon Murphy
Murphy" Mayor Coontz,
Spurgeon Slater, Alvarez Moved to approve plans and specifications and authorize
advertising for bids.3.8 Project No. 1821: Plans and specifications for various
CDBG Street Reconstruction Construction Projects and authorize advertising for bids. (
S4000.S.7)SUMMARY: Plans and specifications have been completed for
the Street Reconstruction at
the following locations:Adams Ave. from Tustin S1. to
1000 f1. east Wayfield St. from Walnut Ave.
to Palm Ave.Mount Vernon Ave. from Wayfield St. to 150 ft. east
of Park Ln.Park Ln. from Mt. Vernon
to Sycamore Ave.Martha Ave. from Park Ln. to
300 ft. east.Emerald Dr. from Cherry Ave.
to Walnut Ave.The project is funded by the Community Development Block Grant Program
and is ready to be advertised for bids. The estimated construction cost is $
613,000.00.ACTION: Approved plans and specifications and authorized
advertising for
CITY COUNCIL MINUTES June 9, 1998
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the CIP and available in CDBG Account No.
310-9645-483300-1821 (Community Development Block Grant) - $
546,330.3.9 Project No. 3433: Plans and specifications for Sacramento
Storm Drain Construction, Walnut to Collins, and authorize advertising for bids. (C2500.
M.17)SUMMARY: Plans and specifications have been completed for the construction
of a storm drain in Sacramento St. and Collins Ave., and the project is ready to
be advertised for bids. The estimated construction costis $1,400,
000.00.ACTION: Approved plans and specifications and authorized advertising
for bids.FISCAL IMPACT: Funds are currently budgeted in Account
No. 530-5011-483300-3433 (Drainage Fund) - $978,350.00. Additional monies have been
approved in the 1998-99 fiscal year CIP: Account No. 530-
5011-
483400-3433 - $213,000.00.CLAIMS
3.10 CLAIMS
FOR DAMAGES FROM:
a. Rufus Davis b. Richard Winters c. 396
Investment Co. fka
The Fieldstone Co.FISCAL IMPACT: None.ACTION: Denied claims for damages and
referred to
City Attorney
and Adjuster.C3200.0)PARCEL MAPS 3.11 Parcel Map
No. 97-179. (C2500.M.16.2)SUMMARY: Parcel Map No. 97-179
creates three parcels at the southeast quadrant of Chapman Ave.
and Flower St. presently developed for office-professional use.ACTION: Approved the
recordation of Parcel Map No. 97-179 and accepted
dedication of right-of-way and vehicular access rights on Chapman Ave.
FISCAL IMP ACT: The developer is dedicating right-of-way for the widening of
Chapman Ave. as required by the Master Plan of Streets and Highways,
resulting in
significant
savings
CITY COUNCIL MINUTES June 9,1998
3. CONSENT CALENDAR (Continued)
PARKING RESTRICTIONS
REMOVED AND HEARD SEP ARA TEL Y)
3.12 'NO FEE' parking permits in municipal parking lots for the Assistance League of
Orange (10), and First United Methodist Church (2) and review this fee waiver
annually. (S4000.S.3.1.2)
SUMMARY: The Assistance League of Orange and First United Methodist Church are
requesting issuance of 'NO FEE' parking permits to accommodate their charitable
medical and community activities. This report is reviewed annually by the City Council.
FISCAL IMP ACT: Loss of $1 ,440 annual parking permit fees.
NOTE: Councilman Alvarez abstained on this item due to property interest.
MOTION
SECOND
AYES
ABSTAIN
Murphy Slater
Murphy, Slater,
Mayor Coontz, Spurgeon Alvarez Moved to
approve.3.
13 Approved establishing
1 Hour parking on both sides of Glassell St. between Sycamore Avenue and Walnut
Avenue. (S4000.S.3.1.1)SUMMARY: The basis for
the request is to provide turn-over parking for area businesses who are
competing for available parking with Chapman University students and construction workers.
ACTION: Approved the
request establishing 1 Hour parking zones on the east side of Glassell St. starting
140 feet north of Sycamore Ave. ending at Walnut Ave. and on the west side of
Glassell St. starting 200 feet north of Sycamore Ave. ending at Walnut Ave.FISCAL IMPACT: Funding
for this type of work is provided in the departments operating budget utilizing
Gas Tax Exchange funds in the Contractual Services Account No. 273-5032-
447100).Discussion:
Carole Walters, (address on file), commented some business owners are not happy
with the I hour parking. She spoke regarding a new business school building on Glassell,
south of Walnut, which in her opinion looks bad and blocks Old Towne.Councilman
Murphy noted there were some modifications made to the parameters of the 1
hour parking, based on individuals who spoke at the Traffic Commission meeting.Mayor
pro tern Slater commented the building will look better when it is completed.PAGE
7
CITY COUNCIL MINUTES June 9, 1998
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 8945 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to
Donna Jean Schnirl of the Public Works Department and commending her for more than
twenty years of loyal and dedicated service.
ACTION: Approved.
3.15 RESOLUTION NO. 8947 ((A2100.0 AGR-
2996)A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 978-23; S.P. 3208; E.
A. Mendoza,Inc.; Bus Stop Improvements for Canal St. at
Heim Ave.
ACTION: Approved.REMOVED AND HEARD SEPARA
TEL Y)3.16 RESOLUTION NO. 8948 (
S4000.SA)A Resolution of the City Council of the City of Orange rescinding Resolution
No. 8901 and authorizing the temporary closure of Chapman Ave. from Lemon St. to
Grand St.,and Glassell St. from Maple Ave. to Almond Ave., within the "Historic Plaza" area,
for a special event on July
12,1998.NOTE: Councilman Alvarez abstained on this item due to
property
interest.
MOTION
SECOND
AYES ABSTAIN
Murphy Spurgeon
Murphy, Slater, Mayor Coontz, Spurgeon Alvarez
Moved to
approve.REMOVED AND
HEARD SEPARA TEL Y)3.17
RESOLUTION NO. 8949 (L1200.0 LMA-82-1)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain Assessment District
proceedings (82-
1).PAGE
CITY COUNCIL MINUTES June 9,1998
3. CONSENT CALENDAR (Continued)
Councilman Alvarez expressed concern with the City being in the business of controlling
the assessment districts. He spoke regarding the Santiago Hills Development and
suggested staff look at eliminating the assessment districts from the budget.
The Director of Public Works explained the districts outlined in Agenda Items Nos. 3.17
3.22 are for landscape maintenance on publicly owned open-space parcels within the
boundaries of the developments. An option would be if a homeowner organization were
willing to come forward and assume the obligations. However, there has not been an
expression of interest, complaints or concerns from residents within the districts in recent
years.
Mayor Coontz commented the City has improved the maintenance programs and reduced
costs over the years. Councilman Murphy noted that only a portion of the assessment
districts are being subsidized by the City's reserve funds.
The City Manager explained the property owners has the option of paying the assessment
fee in advance. The property owners in the Santiago Hills Development have been
pleased with the contractors that have been hired. The City administration of the
assessment districts has been very successful and a benefit to the homeowners.
MOTION
SECOND
AYES
Murphy Mayor
Coontz Murphy, Mayor
Coontz, Spurgeon, Slater, Alvarez Moved to approve.
3.18 RESOLUTION
NO. 8950 (L1200.0 LMA-82-l)A
Resolution of the City Council of the City of Orange giving preliminary approval to the
Certified Engineer's Report for Landscape Maintenance Assessment District 82-1
Shadow Ridge) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for public
hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.19 RESOLUTION NO. 8951 (LI200.0 LMA-
86-2)A Resolution of the City Council of the City of Orange initiating
proceedings and ordering the preparation of a Certified Engineer's Report for certain
Assessment District
proceedings (86-
2).ACTION:
CITY COUNCIL MINUTES June 9, 1998
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 8952 (LI200.0 LMA-
86-2)A Resolution of the City Council of the City of Orange giving preliminary
approval to the Certified Engineer's Report for Landscape Maintenance Assessment
District 86-2 Santiago Hills) and declaring its intention to provide for an annual levy
and collection of assessments in that special maintenance district and setting a time and
place for public hearing to receive evidence on
the foregoing
matters.ACTION: Approved.3.21 RESOLUTION NO. 8953 (
LI200.0 LMA-94-1)A Resolution of the City Council of the City
of Orange initiating proceedings and ordering the preparation of a Certified Engineer's
Report for
certain Assessment
District proceedings (94-1).ACTION: Approved.3.22
RESOLUTION NO. 8954 (LI200.0 LMA-94-1)A Resolution of the City Council of
the City of Orange giving preliminary approval to the Certified Engineer'
s Report for Landscape Maintenance Assessment District 94-1 Sycamore Crossing) and declaring
its intention to provide for an annual levy and collection of assessments in that
special maintenance district and setting a time and place for
public hearing
to receive evidence on the foregoing matters.ACTION: Approved.3.
23 RESOLUTION NO. 8955 (C2500.M.16.1 LLN-98-6)A Resolution of the
City Council of the City of Orange rescinding Resolution No. 8916 and approving Lot
Line Adjustment LL 98-6 adjusting lot lines of certain real property situated at a portion of Lot B
ofthe Bush and Watson Tract as shown on a Map of Survey made by Knox and Rumble in
1871 and Lot 24 of the Fletcher Tract in the City of Orange, County of Orange,
State of California, as shown on a Map recorded in Book 3,Page 320
of Miscellaneous Records, in the Office of County Recorder of
Los Angeles
County, California;
CITY COUNCIL MINUTES June 9, 1998
3. CONSENT CALENDAR (Continued)
3.24 RESOLUTION NO. 8959 (E1I00.0)
A Resolution of the City Council of the City of Orange, California, calling and giving
notice of the holding of a General Municipal Election to be held on Tuesday, November
3, 1998, for the election of certain officers as required by the provisions of the laws of the
State of California relating to general law cities.
ACTION: Approved.
3.25 RESOLUTION NO. 8960 (E1100.0)
A Resolution of the City Council of the City of Orange, California, requesting the Board
of Supervisors of the County of Orange to consolidate a General Municipal Election to be
held on November 3, 1998 with the Statewide General Election to be held on the date
pursuant to Section 10403 of the Elections Code.
ACTION: Approved.
3.26 RESOLUTION NO. 8961 (EII00.0)
A Resolution of the City Council of the City of Orange, California, adopting regulations
for candidates for elective office pertaining to candidates statements submitted to the
voters at an election to be held on Tuesday, November 3, 1998.
ACTION: Approved.
3.27 RESOLUTION NO. 8962 (E1I00.0)
A Resolution of the City Council of the City of Orange, California, providing for the
conduct of a special runoff election for elective offices in the event of a tie vote at any
municipal election.
ACTION: Approved.
SPECIAL EVENTS
3.28 Request for temporary suspension of permit parking restrictions within Permit
Parking' Area D' and' Area G', for a special event. (S4000.S.3.1.2)
SUMMARY: The Department of Community and Library Services will host the 3rd
Annual July 3rd celebration at El Modena High School's Kelly Field. Due to anticipated
attendance it may be necessary to park in the surrounding residential neighborhood
adjacent to the stadium, which restricts on-street parking except by
Permit.PAGE
CITY COUNCIL MINUTES June 9, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Approved the request of the Orange Police Dept. and suspend the permit
parking restrictions (Area D & Area G) on Friday - July 3rd, 1998.FISCAL
IMPACT: None.TRANSFER
REMOVED
AND HEARD SEPARA TEL Y)3.
29 Approved transfer of funds to purchase Computer Graphics hardware and software for
the Police Department. (C2500.K)SUMMARY:
Donations from patrons are collected over a period of time. When funds have
reached a sufficient amount, they are then appropriated from the revenue account to purchase
Computer Graphics hardware and software.FISCAL
IMPACT: None. Various patrons have donated $3,025 to the City of Orange Police
Department forensic Artist Program to supplement the Police Department's budget.
NOTE:
Councilman Murphy abstained on this item due to business interest.MOTION
SECOND
AYES
ABSTAIN
Spurgeon
Alvarez Slater,
Mayor Coontz,
Spurgeon, Alvarez Murphy Moved to appropriate $
3,025
from Revenue Account No. 100-0000-293900-2309 Forensic Artist
Donations) to Account No. 100-4001-471301-2309 (
Equipment Additions - Police Artist).
MOTION
SECOND
AYES
Murphy Alvarez
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Item Nos. 3.
5, 3.6, 3.7, 3.12, 3.16, 3.17and 3.29 were removed and heard separately.Councilman Alvarez and
Mayor pro tem Slater abstained on Item No. 3.7. Councilman Alvarez abstained on
Item Nos. 3.12 and 3.16. Councilman Murphyabstained on Item No. 3.29.
The remainderof the Consent Calendar was approved as recommended.END OF CONSENT
CALENDAR PAGE 12 l --
CITY COUNCIL MINUTES June 9, 1998
4.REPORTS FROM MAYOR COONTZ Tape 1630
4.1 Canyon View Traffic/Pedestrian Safety Issues
Mayor Coontz gave the following report:
The City Council and I have been aware of the continuing need to protect the residential
requirements of the Santiago Hills planned community. Santiago Hills was developed before
each of us was on the Council and I personally felt the need to solve their problems as they arose
over the years. We have 5 recommendations to make today which we will list at the end of our
presentation. Councilman Murphy will assist with that.
Two years ago the Santiago Hills Homeowner's Association requested a public meeting for
answers to their questions and concerns about the Eastern Transportation Corridor construction
and the present and future status of Canyon View, which cuts through Santiago Hills from
Newport Ave. to Jamboree and divides that community in two. The homeowners' association,
the City of Orange, and the Eastern Transportation Corridor Agency worked together for that
presentation which brought together the community and the traffic and land use people who
could give the answers. Since then, the traffic volume and pedestrian safety concerns have re-
echoed, especially during the last six months. As Council members, we need to provide some
direction through the City Manager, for answers to the community for both short term and long
term.
The east leg of the Corridor is due to open in October of this year while the west leg will
probably be completed in the first half of next year. A response team of representatives from
Orange, Tustin, the County, Silverado Constructors, Caltrans, and the Transportation Corridor
Agencies are prepared to deal with every aspect of the opening through a Communications
Service Center, which I believe is located in Tustin, to assure as smooth an operation as possible.
Councilman Murphy, who lives on the east side of Orange, and I have assembled some thoughts
as to what we need to do as a city:
1. Coordinate the Corridor effort with our own communication activity in the east end to
provide early information to residents and businesses, including community meetings with
our staff.
2. Request organizational assistance from the homeowner's association leadership for that
communication as we did before.
3. Provide short term remedies on Canyon View and Newport to be ready to answer any
problems that may occur with the Corridor opening.
4. Investigate improvements now for pedestrian safety for Canyon View and bring back
suggested improvements to the City Council as soon as possible.
5. In our conversations with the traffic department, we were told that a new traffic study should
be done after the opening of the Eastern Transportation Corridor. At that time, further
restrictions to divert outside traffic can be considered.
PAGE 13
CITY COUNCIL MINUTES June 9, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
The East Orange General Plan was developed with the idea that the area would be graded at the
same time as the Eastern Transportation Corridor. That did not happen. There are many reasons
for that. It would have been easier for the Irvine Company to pursue the development as it was
approved by the Council if they could piggyback on the grading that was done. They chose not
to proceed with the project for a number of reasons, including the fact that we were going into a
recession. It was a costly project and much easier for them to move out on the flatland of East
Tustin or to pursue some of their interests in South County.
I believe that when The Irvine Company comes back to us a number of years from now, we will
see a significantly different plan from that which was originally approved due to different market
conditions and the need for significant changes in the grading plans. At that time, we can re-
address the issue of Canyon View on the other side of the corridor.
In response to Mayor Coontz, the Director of Public Works said a preliminary study and
recommendations for pedestrian safety improvements would take a minimum of 30 days.
Councilman Murphy suggested a traffic study be done three to six months after the Eastern
Transportation Corridor opens to get a more effective traffic study. Mayor pro tem Slater
suggested that people in Orange Park Acres have input as well.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, asked that a traffic study be done in
the Chapman and Santiago Canyon area after the Eastern Transportation Corridor opens. The
Director of Public Works explained a traffic study in the area would include all of the arterial
roadways.
MOTION
SECOND
AYES
Mayor Coontz Spurgeon
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to receive
and file the report with the directions noted. The traffic study to be performed six months after
the opening of the Eastern Transportation Corridor.5.REPORTS FROM
COUNCILMEMBERS Tape 2088 OFF-AGENDA ITEM
Councilman Alvarez
reported approximately 35 people attended the community forum he held on May
30th with individuals from East Orange. A written report will be provided to Council detailing concerns
expressed to him at the public forum. He proposed that there continue to be community forums
or Council Study Sessions be held in that area. He referred to each of the five recommendations
made by Mayor Coontz outlined in Agenda Item No. 4.1. Councilman Alvarez indicated
the homeowner's are ready to organize now and he will propose that an organization be
set up to bring Association President's together to discuss common problems.PAGE 14
i
CITY COUNCIL MINUTES June 9, 1998
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7.
REPORTS FROM CITY MANAGER - None 8.ADMINISTRATIVE
REPORTS Tape 2412 8.1
Report from the Finance Director regarding Assessment District No. 86-1 (East Orange)
Reassessment Proceeding and Refunding Bonds. (T1100.0.1 ASD-86-
1)SUMMARY: The City will be able to lower property assessments in the East Orange (
Santiago Hills) Assessment District if the outstanding bonds are refunded at the current favorable
interest
rates.The Finance Director requested the item be continued to June 23rd in order to provide
more information in the Official
Statement.MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
continue to June 23, 1998.9. LEGAL
AFFAIRS - None 10. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO
CLOSED SESSION The City Council
recessed at 5 :55 p.m. to a Closed Session for the following purposes:a. Conference with
Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director
Steven Pham; Employee Organization: Orange City Firefighters;Employee Organization: City
of Orange Police Association b. To consider
and take possible action upon such other matters as are orally announced by the City Attorney,
City Manager, or City Council prior to such recess unless the motion to recess indicates any of
the matters will not be considered in Closed Session.7:00 P.
M. SESSION 12.PUBLIC COMMENTS
Tape 2500 Carole Walters, (address
on file), expressed concern with the new Police Chief that will be chosen for the
City. Residents have the right to know who is being considered for the position.PAGE 15
CITY COUNCIL MINUTES June 9, 1998
12. PUBLIC COMMENTS (Continued)
The City Manager indicated a report will be prepared to Council within the next two weeks.
Possible candidates have been interviewed for an interim position. It will be some time before a
recommendation is made on a permanent Police Chief.
13.PUBLIC HEARINGS Tape 2613
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 of1 Y:z 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, April 14, and May 12,1998
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. (
A4000.0 APP-442)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."The Director of Community Development reported that the City
Attorney is recommending this be referred back to the Planning Commission for review and recommendation,
based on the fact that the application is substantially different than what was brought
before the City Council,Planning Commission and Design Review Board in the past. Mr. Zehner
concurs with the City Attorney's recommendation and has agreed to go back to the
Planning Commission. A letter was received from a legal advisor to one of the neighbors suggesting
a continuance or additional time to review
the recently modified application.Mayor Coontz noted that the individuals who submitted a speaker card
will be provided the opportunity to discuss the application at the July
20th Planning Commission meeting.The City Attorney noted the mitigation measure requires review
by the Planning Commission and Design Review Board to insure the project is consistent with
the architecture in the downtown area and to review it on a mass and bulk criteria. It
was recommended the Council not enter into discussion regarding the issue if it is referred back to
the Planning Commission as the City does not want any allegations that the matter was prejudged. If the
matter comes back to the Council, it can be considered at that time. If Council directs the project to
go back to the Planning Commission, he recommended that until the matter is appealed to
the City Council, if ever, the Council not have further
discussion with
CITY COUNCIL MINUTES June 9, 1998
13. PUBLIC HEARINGS (Continued)
In response to Mayor pro tern Slater, the Director of Community Development explained if the
Planning Commission decision is not in Mr. Zehner's favor in the future, he may want to appeal
it to Council again. If the Council denied the appeal or Mr. Zehner withdrew the appeal at this
time, the City would have to go through the appeal application process again, which would take
additional time.
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to refer
the application to the Planning Commission and Design Review Board.COUNCIL COMMENTS:Mayor
Coontz reported
in 1993, the Council rezoned the Culver Street properties on the south side to R-
2-6. The Old Towne Design Standards and the Culver Street mitigation measures in the
R-2-6 zone are confusing and not limiting enough to guide the neighborhood and
any applicant towards a development pattern that's consistent with the Council's original intention
in 1993. The current regulations allow too much
density.It was recommended that the City Manager direct the staff to look at alternatives, which might
be to rezone Culver to R-2-8; keep the R-2-6 zone and amend the
development standards so that the mitigation measures, Old Towne Design Guidelines and the
zoning code are in better conformance and easier to understand. She noted
for example, some development standards might be: 1) when the R-2-6 zoned lot is larger than 8,
000 square feet, allow building to include two units maximum; 2) require separation between structures;
and 3) require that all effort be made to utilize common driveways to avoid
duplication
of drives and minimize vehicle conflict points.Whether the R-2-6 zoning is kept or the City moves
to R-2-8 or other zoning, the City needs to require the packaging of any new
units behind the present structures on Culver to create a mini neighborhood with front yards,
the same setbacks, and the rhythm of a real neighborhood. The Council has already
indicated they want to retain the single family character allowing new development and at the same
time keep the historic character of Culver Street as the residents desire. Mayor
Coontz
requested the Community Development staff report back to Council with ideas.Councilman Alvarez
concurred with Mayor Coontz,
indicating he would like to participate with staff on this issue.Mayor pro tem Slater concurred
with Mayor Coontz, adding that he would like staff to consider anything over R-2 (8,000) be limited
to two units; staff look at R-2 (10,000); and even consider rezoning it back to R-l
as it
CITY COUNCIL MINUTES June 9, 1998
13. PUBLIC HEARINGS (Continued)
CEQA needs to be addressed. He reported that in 1993, when he was President of the Old
Towne Preservation Association, the Director of Community Development sent him a letter that
said "staff is currently investigating an initial study to develop a Master Environmental
Assessment of Old Towne to establish CEQA threshold levels for both historic resources and
bulk and mass on a contextual basis. This Master Assessment will also address cumulative
impacts on successive projects over time on a block-by-block basis." This is definitely
a block where cumulative impacts has to be considered ifleft
at R-2.Mayor Coontz commented everyone is concerned about the future, regardless of
which way
the application goes.Councilman Murphy there needs to be a policy statement which says what the
rules will be.13.2 CONDITIONAL USE PERMIT 2218-
98; PRP
WINE INTERNATIONAL Tape 3167 Time set for a public hearing to consider approval of Conditional
Use Permit 2218-98. The applicant is proposing to sell pre-packaged alcoholic
beverages (primarily wine) from an 800 square-foot warehouse. The site is located within an
industrial park at 2326 N. Batavia Street Unit 110 (
Batavia Palms Business Center). (C3300.0 CUP-2218-98)NOTE: This project
is categorically exempt from the provisions ofthe California
Environmental Quality Act per State CEQA Guidelines Section 15301.The Director of Community Development reported
the sale of alcohol will be primarily by mail order. The applicant has previously operated the
same type of business at 1735 W. Katella since 1990 and is relocating to this
location. The business is primarily a warehouse shipping and receiving operation. The Police Department
does not have concerns with the application. It is not believed there are other Conditional Use Permits in a
M-l or M-2 zone that have this type of use at this time. The City is in
control of the use for the Conditional Use Permit. It is recommended
that
Condition No. 1 of Planning Commission Resolution No. PC-30-98 be eliminated.Del
Shelton, representing PRP Wines, 1735 W. Katella, commented he would like to consolidate his three
operations throughout the state into one facility to streamline the operations. The wine is imported
primarily from Europe, comes prepackaged in cases, and is distributed in a sealed box directly to the customer. In
the
event of
walk-
in
CITY COUNCIL MINUTES June 9, 1998
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Barbara DeNiro, (address on file), indicated she visited the operation on Katella and looked at the
facility on Batavia. How many square feet is the currently facility? Concern was expressed with
the consolidation of operations into one; parking at the new facility; and the phone bank. How
many more employees will there be? How many operations do they currently have? Where are
they? Are they the same type of operation? What else will be sold besides wine?
Del Shelton, 1735 W. Katella, responded there will be lines for outgoing and incoming calls.
The business is basically a catalogue, mail order, telephone service type operation. Currently
they have a licensed facility in Sacramento, Hayward, and Orange. The current facility on
Katella has 1,700 square feet, which is under
utilized..
All products are wine related, i.e.
corkscrews, wine racks, storage cases. The license prohibits selling anything with over 20%
alcohol. The business does not cater to walk-in traffic. There are eight to ten employees on
site at any given
time.MAYOR COONTZ CLOSED THE PUBLIC
HEARING.MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Move that
the project is categorically exempt from the prOVISIOns of the California Environmental Quality
Act per State CEQA Guidelines Section 15301.MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Conditional Use
Permit 2218-98 as outlined in Planning Commission Resolution No. PC-30-
98, modifying Condition No. 1 to delete the last sentence of that condition.13.
3
WEED ABATEMENT HEARING - SPRING Tape 3725 Time set for
a public hearing for the purpose of considering and hearing objections to the proposed removal of
weeds which constitute a public nuisance. Resolution No. 8934 adopted by the City Council
of the City of Orange on May 26, 1998 declares weeds a public nuisance and initiates abatement proceedings. (
C2500.M.2)PAGE 19
CITY COUNCIL MINUTES
13. PUBLIC HEARING (Continued)
June 9, 1998
The properties which constitute a public nuisance and must be abated by the removal of weeds
are:
315 N. Harwood (weeds in back yard area)
715 Mallard (vacant lot behind)
NWC Meats & Featherhill Dr.
NWC Featherhill & Meats (vacant lot)
19710 E. Santiago Cyn. Rd. (vacant lot across)
S/O 947 Capistrano PI. (vacant land)
Assessors Parcel No. 386-
133-10 Assessors Parcel
No. 383-071-05
Assessors Parcel No. 372-
691-03 Assessors Parcel
No. 361-153-16
Assessors Parcel No. 379-431-18 Assessors Parcel No. 379-321-12
The Fire Safety Specialist
reported the following lots no
longer require abatement:NWC Meats & Featherhill Dr.NWC
Featherhill & Meats (vacant lot)
19710 E. Santiago Cyn.
Rd. (vacant lot across)
Assessors Parcel No. 372-691-03
Assessors Parcel No. 361-153-16 Assessors Parcel No. 379-431-18 MAYOR COONTZ OPENED THE PUBLIC
HEARING.Barbara DeNiro, (address on file), asked how many times a year weeds are required to be
abated?She was told that a permit has been pulled to abate the weeds at Southern California Presbyterian
Homes? What period of time do they have from the time they are notified
to abate the weeds?The Fire Safety Specialist responded the weed abatement procedures are handled twice a year.
The first notices were sent out in March. They are given 45 days with both inspection notices
to comply before they are
presented to Council. A violation notice was issued for the lots next to
the Presbyterian Church on Taft.Carole Walters, (address on file), commented on City lots
that need weed abatement.The Fire Safety Specialist responded
the City lots
are cleaned. A
contractor checks periodically for weeds and clears them
when they are overgrown.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez
Moved to declare the subject properties a nuisance
and approve abatement by a
private contractor:315 N. Harwood (weeds in
back yard area)715
Mallard (vacant lot behind)
S/O 947 Capistrano
PI. (vacant
CITY COUNCIL MINUTES June 9, 1998
14. PLANNING AND ENVIRONMENT - None 15.
ADJOURNMENT MOTION
SECOND
AYES
Mayor
Coontz Murphy Murphy,
Slater, Mayor
Coontz, Spurgeon, Alvarez The City Council adjourned
at 7:42 p.m.CuAf#~~~~T CASSANDRA J.
C HCART,
CMC CITY CLERK j",,':E-
j' Ie:
Xi'-l (
C-(")/'-',1 /." ...' ,.. -: / -'--'-;JQANNECOONTZ - )MAYOR 'PAGE 21I ~.~_._.-._.-