07-28-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 11, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 28, 1998
The City Council of the City of Orange, California convened on July 28, 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
Mr. Bill Lynn, Christian Business Men's Committee of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT -ABSENT -
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS The City
Manager presented Employee Recognition Service Awards to Darrin Hall,David Hoff,
and Michael Wellins. Tim Dombrowski, Michelle Chapman, Craig Brown,David Jensen,
and Richard Martinez were unavailable to accept their awards.Mayor Coontz
announced the upcoming Summer Concerts in the Park series at Hart Park on Wednesdays
from 7:00 p.m. to 8:30 p.m. The final "Concert in the Park" at the Depot Park
will be on Thursday, August 20th, 5:30 p.m. - 7:00 p.m.Mayor Coontz announced
several calls were received regarding work being done on Cambridge between Chapman
and Collins. The Director of Public Works indicated Pac Bell is performing
the work and has notified the residents in the area. The work is proceeding smoothly.2.
PUBLIC COMMENTS
W. O. Matthiessen,
4304 Sirius Avenue, requested Council expedite his request regarding a Canary Island
Pine tree located at his residence. Concern was expressed that the roots raise the curbs
and gutters; interfere with drainage; affect the quality of water due to the location of the
tree; and his wife's allergic reaction. The Director of Public Works responded the department
will contact Mr. Matthiessen.PAGE 1
CITY COUNCIL MINUTES July 28, 1998
2. PUBLIC COMMENTS (Continued)
Barbara DeNiro, (address on file), expressed concern with the Economic Development
Strategy and Work Plan approved at the July 14th Council meeting. Consideration should
be given to the impact planned development has on neighborhoods and schools, traffic
and parking. Is there a map with the location of high density apartments and low and
affordable housing projects in the City of Orange? Mayor Coontz indicated the Director
of Economic Development would respond to Ms. DeNiro's questions and concerns.
Carole Walters, (address on file), asked if the City can put a lien on Jeff Hambarian's
house? Concern was expressed with Lieutenant Tunstall's settlement. Ms. Walters
announced a garage sale, sponsored by the Emblem Club, will be held on Saturday at
Orange High School. The City Attorney explained the District Attorney is taking
measures to secure property that could be used to recoup monies lost.
Norm Phillips, 348 Redwood, asked what the franchise fee is for on his Time Warner
Cablevision bill? The City Manager indicated he would provide Mr. Phillips with a
written response and a copy will be given to Council. Mayor Coontz requested the City
Manager furnish Council with a copy of a recent press release which explained the cable
fee and agendize this issue for the next meeting. The City Attorney explained the
franchise fee is a rental fee for the use of public property and also pays for City
administrative costs in administering the franchise. The franchise fee is set by Federal
law.
3.CONSENT CALENDAR Tape 806
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 28, 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 July 9,14, and 16,
1998.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting, July 14,
1998.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES July 28, 1998
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Approval of agreement with Caltrans for construction of La Veta Avenue Bridge
widening. (A2100.0 AGR-
3074)SUMMARY: The agreement authorizes Caltrans to include widening of the La
Veta bridge from two to four lanes as part of the SR-55 Freeway widening project. City
is to compensate Caltrans for the City's share of the improvements. City's total
share is estimated to be $1,036,200 payable over a 2 ~ year period. The City has
participated in the cost of design for this facility under the terms of a previously
approved
cooperative agreement.ACTION: Approved District Agreement No. 12-331 and authorized the
Mayor and City Clerk to execute the agreement on behalf
of the City.FISCAL IMPACT: Funds have been budgeted and are available
in
the following accounts:272-5011-483300-3817 $160,000 (
La VetalSR-55 Crossing - Bridge Widening)550-5011-483300-
3817 $200,000 (
La VetalSR-55 Crossing - Bridge Widening)TOTAL $360,000.1998-2005
Seven Year Capital Improvement Program, approved by City Council May 26, 1998, provides that funding
for FY 99-00 and 00-01 is programmed in the following funds: 262 - $967,000, 284 - $540,
000,550 - $210,000. TOTAL: $1,
717,000. TOTAL AVAILABLE ALL YEARS: $
2,077,000.REMOVED AND HEARD SEP ARATEL Y)3.6 Award of
a Consultant Services Agreement with Secor International for an investigative study of a
proposed park site at the Northwest corner
of Prospect Avenue and Spring Street. (A2100.0 AGR-3075)SUMMARY: The
City is preparing a geotechnical evaluation of Beazer Company's property on the
northwest corner of Prospect Avenue and Spring Street for proposed development of
a recreational park and community center. Secor International Inc. has proposed
a fee of$74,935.00 to complete the study.FISCAL IMP ACT:
Upon approval by Council funds are available in
the following account: 500-7021-481102-0149 $100,000 (Parksite Investigation - Beazer).
Discussion: Carole Walters, (address on file), commented the residents should
be advised of the
proposed park and
be able to give input.MOTION - Mayor Coontz
SECOND - Slater
CITY COUNCIL MINUTES July 28, 1998
3. CONSENT CALENDAR (Continued)
Approved Consultant Services Agreement with Secor International Inc. for the amount of
74,935.00 and authorized the Mayor and City Clerk to execute the agreement on behalf
of the City; and 2) approved allocation of $100,000.00 to account 500-
7021-
481102-0149.3.7 Serrano Heights Development Agreement (A2100.0 AGR-
1416.2.1)SUMMARY: Operating Memorandum to Restated
and Amended Development Agreement between City of Orange
and California Quartet.ACTION: Approved the Operating Memorandum and authorized the
City Manager to execute on behalf
of the City.
FISCAL IMPACT:
None.BLOCK GRANT 3.8 Local Law Enforcement Block Grant FY'
96 (C2500.K)SUMMARY: The U.S. Department of Justice has made funds available under
the FY 96 Local Law Enforcement Block Grant (LLEBG) Program. Under this program
for FY 96,the City of Orange was awarded $123,180, which is proposed to
fund a replacement Closed Circuit Television System and to purchase required
computer system equipment to enhance the Department's
criminal investigation process.ACTION: Approved the recommendation from the Local
Law Enforcement Block Grant Citizens Advisory Committee to purchase a
replacement Closed Circuit Television System and computer support equipment for the City
of Orange Police Facility. Appropriated $11,500 to
Account No. 353-4011-485100-2233.FISCAL IMPACT: The City of Orange was awarded $123,
180 through the FY 96 Local Law Enforcement Block Grant Program. These funds
are budgeted in Account No. 353-
4011-485100-2233 (Federal Police Grants-Police Admin-Capital Improvements-Close Circuit TV Replacement). Required
matching funds of$13,687 are budgeted in the
FY 98-99 Police Department Budget Account No.
100-4011-485100-2233 (General Fund-Police Admin-Capital Improvements-Close
Circuit TV Replacement), anticipated interest
earning of $
CITY COUNCIL MINUTES July 28, 1998
3. CONSENT CALENDAR (Continued)
CLAIMS
3.9 CLAIMS FOR DAMAGES: (C3200.0)
a. Doris Bolton
b. Edna Findley
c. John Marrujo
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
LOANS
3.10 Approval of Deferred Payment Loan Program for a single-family
home.C2500.G.1.3.
3)SUMMARY: A proposal to approve a Deferred Payment Loan (DPL) for Case No.
645 and to authorize the Finance Department to prepare a
warrant.ACTION: Approved a Deferred Payment Loan in the amount of $25,000 for Case
No.645 and authorized the Finance Department to book the loan and process
payments.FISCAL IMPACT: Sufficient funds are available in the DPL Fund 315. The
Deferred Payment Loan will be recorded under Account Number
315-
9652-812101-0000.PERMITS 3.11 Approval of Dirt Hauling Permit forSukut
Construction. (C2500.M.20)SUMMARY: This is a request for a permit allowing
Sukut Construction to commence dirt hauling operations of approximately 25,000 cubic yards of
fill material, from the Bond Pit (old Con-Rock site) at the northwest comer of Prospect
St. and Bond Ave. as part ofthe Orange County
Water District slope stabilization project.ACTION: Approved a dirt hauling permit to be issued for
the project located at the northwest comer of Prospect St. and Bond Ave.,
subject to
the conditions recommended by staff.FISCAL IMPACT: Will generate $480.
00 revenue
CITY COUNCIL MINUTES July 28, 1998
3. CONSENT CALENDAR (Continued)
QUITCLAIM DEED
3.12 Quitclaim of old fire lane access at The Block at Orange project (Mills
Corporation). (D4000.0)
SUMMARY: This action provides for the abandonment of a fire lane access easement
that is no longer required. The City interests will be quitclaimed in favor of Orange City
Mills.
ACTION: Approved a Quitclaim Deed for abandonment of existing fire lane access and
fire protection easements in favor of Orange City Mills Limited Partnership.
FISCAL IMP ACT: None. All processing fees will be paid by City Mills.
RESOLUTIONS
3.13 RESOLUTION NO. 8978 (A2100.0 AGR-
2998)A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 978-27; Bakersfield Well
and Pump Company; Construction of Well
No. 25.
ACTION: Approved.3.14 RESOLUTION NO. 8980 (A2100.
0 AGR-2436)A Resolution of the City Council of the City of Orange finally
accepting the completion of a certain public work and improvement; Bid No. 945-33;
by Paving Contractors, Inc.of Long Beach for installation of traffic striping, pavement
markings
and raised
pavement markers.ACTION: Approved.3.15 RESOLUTION NO.
8981 (A2100.0 AGR-3020)A Resolution of the City Council of the City of
Orange finally accepting the completion of
a certain public work improvement.Bid No. 978-41, Hart
Park Roadway &
Walkway Renovations,
CITY COUNCIL MINUTES July 28, 1998
3. CONSENT CALENDAR (Continued)
3.16 RESOLUTION NO. 8983 (A2100.0 AGR-
2883)A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 978-01; D-126;
David T. Wasden,Inc.; PalmlGlassell
Storm Drain
Improvements.ACTION: Approved.3.17 RESOLUTION NO. 8984 (
A2100.0 AGR-3002)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-
24; SP-3226; C. 1. Construction,Inc.; 1997-
1998 ADA
Wheelchair Access
Ramps, various locations.ACTION:
Approved.SPECIAL EVENT REMOVED AND HEARD SEPARATELY)3.18 Request from Dan Jensen to conduct a
Certified Farmers Market in the parking lot of Antique Station located
at 178 S. Glassell St. (R1200.0)NOTE: Councilman Alvarez abstained on this item
due to
a property interest on S.Glassell Street.SUMMARY: The applicant is in the process
of making an application for a Conditional Use Permit to consider permanent authorization for
a one day a week Certified Farmers Market on a portion of a private parking
area not currently needed for required parking for the building. This application would allow
the applicant to operate the proposed use on a temporary basis as a special event until a
decision on the CUP is rendered. The request deviates from the ordinance in that the request is
for one day a week as opposed to seven
consecutive days as
allowed by the
ordinance.FISCAL IMPACT:
None.MOTION - Spurgeon SECOND - Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon ABSTAIN - Alvarez Approved a special event request to operate a Certified Farmers Market one
day a week for seven consecutive weeks allowing time for the full consideration
by the Planning Commission of a
Conditional Use
CITY COUNCIL MINUTES July 28, 1998
3. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Mayor Coontz AYES Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos.
3.6 and 3.18 were removed and heard separately. Councilman Alvarez abstained on
Item No. 3.18. The remainder of the Consent Calendar was approved as recommended.END
OF
CONSENT CALENDAR 4.REPORTS
FROM MAYOR COONTZ Tape 901 4.1
Proposed Changes to Public Notification Procedures. (C2300.E)Mayor Coontz
reported that during recent meetings with the neighbors on the Walnut cul-de-sac
issue, she decided there was a need to extend the notification procedures. An amendment was
proposed regarding required notification to property owners for all future changes to the
Circulation Element to the General Plan and circulation system: "Upon receipt of a request or
proposed project for an amendment to the Circulation Element or significant change to the
circulation system, staff will review the subject street or corridor to determine the larger limit of
the circulation system that will be affected. Notices will be mailed to all property owners in the
300 foot radius and extending out from the area of the circulation system identified above.
Notices will also be sent to any person asking for specific notice for that project, or to any
individual speaking at a prior meeting on the same issue and application." It was noted this
constitutes a matter of policy only and shall not impose any additional legal notice requirement
upon the City other than that required by law.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve.
5.REPORTS FROM
COUNCILMEMBERS Tape 981 5.1 Proposal
by Councilman Alvarez to establish a Citizens Advisory Committee to provide citizen input
to the City Council for the selection of a permanent Police Chief continued from June
23 and July 14, 1998).The City Manager
requested a continuance to August 11 th to allow time to prepare his report to Council.PAGE 8
CITY COUNCIL MINUTES July 28, 1998
5. REPORTS FROM COUNCILMEMBERS (Continued)
Carole Walters, (address on file), expressed disappointment with the requested continuance. It is
important that residents be a part of the selection process. Ms. Walters said she spoke with
individuals and policemen in other cities regarding this issue, indicating she could provide
information to the City Manager on other cities that have the same type of selection process.
Mara Brandman, 7319 Equitation Way, expressed her suspicion of the selection process.
Councilman Alvarez and the City Clerk were provided a copy of the selection process used by
Spokane, Washington.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue
to a time uncertain.5.2 Councilman
Murphy - Support of Assembly Bill 1776/ ACA45, Proposal to eliminate Vehicle Licensing Fee. (S3500.
A)Councilman Murphy noted the
proposal, "Support of Assembly Bill 1776/ ACA45," is to reduce,rather than eliminate, the
Vehicle Licensing Fee (VLF). The VLF is an annual fee imposed upon all motor vehicles registered
in the State of California, currently assessed at 2% of the vehicles market value. The reduced
VLF rate would save taxpayers approximately $2 billion in 1999, and in excess of $3
billion beginning in the year 2002. To protect local governments from being negatively affected by the
proposed VLF reduction, the Governor's proposal will statutorily annually appropriate to cities
and counties amounts equal to those lost VLF revenues from the State General Fund.The
City Manager explained
the impact of VLF fees is approximately $6 million in General Fund monies to the
City, which would be replaced by the State.Phil Hummel, President, Orange
Chamber of Commerce, expressed the Chamber's support of AB1776.Mayor Coontz expressed
support,
with the caveat that the City has a guarantee of the replacement of revenues to
the City of Orange on a continual basis. The predicted loss is at least 6 million dollars a
year.RESOLUTION NO. 8989 A
Resolution of the
City Council of the City of Orange Supporting the Governor's Vehicle License Fee (VLF) Reduction
Proposal.PAGE 9
CITY COUNCIL MINUTES July 28, 1998
5. REPORTS FROM COUNCIL MEMBERS (Continued)
MOTION - Murphy SECOND -
Alvarez A YES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8989 as introduced, be adopted and same was passed and adopted by the preceding vote.
6. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS Tape 1417 6.1 Approve
the reappointment of Mayor pro tem Dan Slater as the voting Orange County-City Hazardous
Materials Emergency Response Authority (OCCHMERA) board member and
the Fire Chief as the alternate board member. (OR1800.0.3.3.1)MOTION - Spurgeon
SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve the reappointment.
6.2 Appoint Mayor pro
tem Slater and Councilman Murphy as working alternates on the Cities-Schools Coordinating Committee
representing Mayor Coontz and Councilman Alvarez until after the
1998 Election. (OR1800.0.1)Councilman Alvarez commented he
would like to remain on the Committee. It was suggested that he and Councilman
Spurgeon serve on the Committee, as they have children in the Orange Unified School District. He
indicated he would not be voting in support of the proposal, as he feels the action is
proposed because of a disagreement over the crossing guard issue.Mayor Coontz stressed the
importance of the students and children in OUSD to the future of the City of Orange, indicating
the crossing guard issue was not the reason for the proposal. She indicated that she has
been working with Orange Unified School District since 1961 and continues to work in
the schools and with the children.The City Manager explained
no comments or dissention was received from any Councilmember when a memo was
sent to them in March asking for their comments relative to the City discussing the crossing guard
issue with OUSD. The memo was prepared when it became apparent there had been
a law change. The City, as in past years, developed a budget that included the entire cost
for providing crossing guard services to the community. He explained a letter was sent to
the Superintendent of OUSD in April. Upon receiving an inquiry in June, the City forwarded cost figures
to OUSD. The item was agendized for the OUSD Board of Trustees to discuss. It is
a Council policy decision whether the City should contribute to crossing guards.His efforts were to
research and find areas where the City might share costs with other agencies.In a letter sent
to the Superintendent last week, it was suggested there be an ongoing dialogue PAGE 10
CITY COUNCIL MINUTES July 28, 1998
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
between the City and OUSD staff to discuss a number of issues. He will meet tomorrow
morning with the OUSD Superintendent.
Councilman Alvarez suggested the Committee receive input from the cities of Villa Park,
Anaheim, and Garden Grove as they are also served by OUSD. Councilman Spurgeon suggested
the City of Santa Ana also be included.
Carole Walters, (address on file), expressed support for Councilman Alvarez to remain on the
Committee.
Mara Brandman, 7319 Equitation Way, requested there be no skipping on the crossing guards.
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved
to approve.6.
3 Investment Oversight
Committee Quarterly Report for period ending June 30,1998.OR1800.0.27.16)
The City Treasurer presented
the report.COUNCILMAN SPURGEON STATED FOR
THE RECORD: "I don't think we should be discouraged by the fact that one
pool or another has higher yields. This is what caused, I think, a lot of problems in the past and
in more recent history. I think as long as we stick to our script, our conservative policy, especially as volatile
as the market is right now, I think we are better off in the long run.So I don't
have any feeling, if we are losing a little bit of money, but not through investments,but through we are
not getting as high a yield, then I am not real concerned about that. As long as it is safe,
and it is liquid, in that order."MOTION - Murphy SECOND - Spurgeon
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Moved to receive and file.7.ADMINISTRATIVE
REPORTS Tape 2010 7.1
Treasurer's Report for the
period ending June 30, 1998. (C2500.F)The Finance Director presented the report.PAGE
11
CITY COUNCIL MINUTES July 28, 1998
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Slater SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive
and file.7.2 Report
from the Economic Development Director concerning the Loan and Grant Agreement by and
among the City of Orange, Orange Redevelopment Agency and Orange Housing Development Corporation (
OHDC) for the acquisition and rehabilitation of 1915-1919 East Adams
Avenue. (A2100.0 AGR-3076)SUMMARY: OHDC
is requesting a loan and a grant to acquire and rehabilitate a triplex located at 1915-
1919 East Adams Avenue. The total estimated cost of the project is $284,625, which includes $
64,625 for rehabilitation. If approved, the City would provide a loan of $126,300 and grant
of $101,400 in federal HOME funds; and the Redevelopment Agency would provide a grant
for $56,925 in Housing Set-Aside funds. In return for the assistance, all of the units would
remain affordable to very low income households for a 55-year
period.FISCAL IMP ACT: HOME funds have been appropriated for the project as follows: $66,300
in HOME CHDO Account Number 317-9660-427700-1210, $161,
400 in HOME Capital OutlaylDeveloper Account Number 317-9660-
475100-0000. Housing Set-Aside funds in the amount of $56,925 will
be appropriated in (Agency) Southwest Housing Set-Aside Account Number 921-
9809-475100-0000. Detail Number 19843 has been assigned to the project.The Director
of Economic Development presented the report. In response to Council's questions and concerns,
it was explained that staff performs annual inspections and are required to complete a form
certifying compliance with the contract. The purpose of the agreement is
to provide high quality housing that is an enhancement to the neighborhood.
Mayor Coontz recognized the Orange Housing Development Corporation (
OHDC) for the work they have done in the City of Orange.Barbara DeNiro, (address
on file), expressed concern with the impact the project will have on schools and
parking.
How many units are there? Councilmembers responded the project is a triplex.Bill
Utter, 806 N. Batavia, representing OHDC, expressed appreciation to the Council and Redevelopment
Agency for their assistance on previous projects that have allowed OHDC to carry out its mission
to create high quality, affordable housing for the
citizens of Orange. The project will be a benefit to the area.John
Chestnut, 1503 E.
Dana Place,
CITY COUNCIL MINUTES July 28, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Mayor pro tern Slater commented it is important to note that OHDC is non-profit. OHDC
buys units to improve them and the quality of life for
neighborhoods.RESOLUTION NO.
8985 A Resolution of the City Council of the City of Orange approving a Loan and Grant
Agreement by and among the City of Orange, Orange Redevelopment Agency and Orange
Housing Development Corporation regarding 1915-1919 East Adams Avenue and
making
certain findings.MOTION - Mayor
Coontz SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Resolution No. 8985 as introduced be adopted and same was passed and adopted by the
preceding vote; and directed the City Attorney's Office to prepare the Loan and Grant Agreement
by and among the City of Orange, Orange Redevelopment Agency and OHDC; and commit $
227,700 in federal HOME Investment Partnerships Act funds for the project.8.
REPORTS FROM CITY MANAGER - None 9. LEGAL
AFFAIRS 9.1
ORDINANCE NO. 11-98 Tape 2556 An
Ordinance of the City Council of the City of Orange amending the Orange Municipal Code by
revising Chapter 5.63 concerning Plaza banners.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No.
11-98 be read by title only and same was set for second reading by the preceding vote.
10. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO
CLOSED SESSION The City Council
recessed to a Closed Session at 5:55 p.m. for the following purposes:a. Conference with
Legal Counsel pursuant to Government Code Section 54956.9 -existing litigation. Old Towne
Preservation Association v. City of Orange, et aI., Orange County Superior Court Case
No. 79 64 35 PAGE 13
CITY COUNCIL MINUTES July 28, 1998
11. RECESS TO CLOSED SESSION (Continued)
b. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant
to Government Code Section 54956.9(b) (one potential case). Contract with ORRS.c.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator:
Personnel Director Steven Pham Employee Organizations: City of Orange Police Association.
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 NOTE:
The City Council reconvened at 7:10 p.m.12.
PUBLIC COMMENTS Tape 2632 Carole
Walters, (address on file) commented on the presentation of a gift to Interim Police Chief Dean
Richards at the July 14th Council meeting.Shannon
Tucker, 556 E. Culver, commented she has not received a response to her letter of July 2nd.
Ms. Tucker requested a moratorium on all applications on Culver Avenue until Council has looked
at development alternatives. Mayor Coontz responded Ms. Tucker's letter was referred to the
City Attorney to look at the legal implications. The City Attorney was asked to provide the information
to Council in writing.13.
PUBLIC HEARINGS 13.
1 MILLS ACT PROGRAM Tape 2762 The
public hearing to consider the adoption of the Mills Act, which is a program that will authorize
the City to enter into future Historic Property Preservation Agreements with individual property
owners was continued from April 28, 1998 and May 12, 1998 to this time. All such agreements
will be on a voluntary basis, initiated by request of a property owner. By adopting the
Mills Act, the City will be able to assist property owners in obtaining tax relief, in exchange for
their guarantee to preserve historic properties. This action is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the
State CEQA Guidelines.NOTE:
Councilman Alvarez stepped down from the dais on this item due to potential conflict of
interest due to property owned on the Circle and S. Glassell Street.NOTE:
Mayor pro tem Slater reported he will abstain on this item and step down from the dais due
to property interests that he owns which may benefit if the Program is approved.PAGE
14
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
COUNCILMAN SPURGEON REQUESTED CLARIFICATION FROM THE CITY ArrORNEY FOR THE
RECORD: "There has been a little clarification and some discussion that I have had with you and
other members of your City Attorney staff. Would you again, clarify to me, in terms of where
my house is located, and the fact that it was built in 1896, and it is not in the Old Towne area or
Old Towne District, nor to my knowledge is it on the Register. It is on the other report which is
not included in here. Could you explain to me before I make a decision on whether I vote on this
or not?"
The City Attorney responded: "The issue obviously is whether or not this decision will have a
foreseeable financial impact on you. And none of the proposed Register's to be included as
eligible for the Mills Act Program include your home. So, on that basis, nothing that can be done
tonight will have a foreseeable financial impact on your income."
The Director of Community Development reported the Mills Act is a State law which provides
reduced property taxes for eligible historic properties in exchange for preservation of historic
structures, and by extension, preservation of the surrounding neighborhoods. The agreement
contract" between the property owner and the City of Orange would be in existence for a
minimum of ten years with the ability to be renewed annually for the following ten year period.
The contract would include a plan for reinvesting the tax savings into the property. An initial
application fee of $400 is recommended to recover costs. An annual status report and inspection
fee of $35 is recommended during the duration of the contract. The program will be available to
single-family residential, multi-family and commercial historic properties. It was
suggested the listing of City Historic Register be deleted under the definition of which historic
properties are qualified and eligible, as there is no City Historic Register in existence at this time.
Listed would be properties on the National and State
Historic Register.In response to Mayor Coontz, he indicated this item had been continued in order for
staff to provide the
following information:That the program be established as a pilot program with review by Council after
10 contracts or one year, whichever
comes first.That a priority be given for basic structural system (i.e. roof, foundation,
electrical, termite control, painting protection, etc.) improvements. Landscaping, room additions,
and interior renovations would not normally be a part of
the program.That landscape, hardscape, room additions and interior renovations (not associated
with basic systems) not be allowed as part of
the program.That only new work to be completed will be included in
the program.That homeowners insurance be required during the duration of
the contract.Provide a fee schedule and process
flow chart.Outline the criteria for Council decision on
individual contracts.Provide expanded information on how the process is
to operate.What other incentive programs exist for multi-family
and non-
CITY COUNCIL MINUTES July 28, 1998
Define staff resources required for administration of the program.
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
SPEAKING IN FAVOR:
Fred Gillett, 205 E. Palmyra, expressed support ofthe program which will provide many years of
public benefit with the continued protection of its historic structures. Mr. Gillett thanked the
Director of Community Development and staff for their diligence in researching and preparing
the Mills Act Program for the City. He acknowledged Ellen Zaslansky for working with other
neighbors to research and bring the benefits of the program to the City and presenting the
information in open forum at the Old Towne Preservation Association meetings. Mr. Gillett
presented a letter of support from Betty Murrill.
Betty Murrill, 603 E. Almond (letter on file in the City Clerk's office).
Ellen Zaslansky, 315 So. Orange
Shannon Tucker, 556 E. Culver
Gloria Boice, 143 North Pine, requested the Mills Act Program be approved with the correction
that the City's Historic Preservation Planner inspect, review, and approve each application.
Comments on file in the City Clerk's office). The Director of Community Development
responded the wording states the work will be done by the Historic Preservation Planner or a
designated person within the department. The City needs the flexibility to make sure the work
can get done and cannot guarantee the Historic Preservation Planner will always be with the City.
SPEAKING IN A NEUTRAL POSITION:
Barbara DeNiro, (address on file), asked if the program is available on a retroactive basis or only
for the work done after the Act is approved? Will application and inspection fees make up for
the tax loss? Will the government have this program when her house is 20 years old? Will it
expand that far? Does the property need to be on the State Historic District? Are property
owners eligible for more than one program to upgrade their houses? The Director of Community
Development explained the Program is for work completed after adoption of the contract. The
fees are designed to cover staff costs, not to cover tax loss. The program would not include
exterior renovations. The eligible historic properties are defined as those being on the Federal or
State Historic Register. The City does not have the ability to be sure that multiple incentive
programs are not used. A statement is included in that the Mills Act will typically be the sole
historic preservation incentive, not to be used in combination with the alternative incentives
unless approved by Council.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
PAGE 16
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
COUNCIL COMMENTS:
Councilman Spurgeon asked what the impact will be on the Orange Unified School District?
The Director of Community Development explained OUSD's tax loss would be greater than the
City of Orange. There has not been any discussion with OUSD on this issue.
In response to Councilman Murphy, the Director of Community Development explained the
historical risk component under the capitalization rate is a percentage or factor given by the State
Office of Historic Preservation.
Councilman Murphy expressed concern that OUSD was not noticed or contacted regarding this
item. He indicated he has a real issue dealing with applications or requests, when at the same
time the City is under pending litigation on another related historic issue with a number of the
same parties involved. It was suggested that OUSD be contacted tomorrow when the City
Manager meets with the OUSD Superintendent; a policy be put together to flag these types of
items; and the item be continued for 30 to 45 days to make sure that OUSD is notified and insure
the suggestions made at this meeting are put into the Act.
Ellen Zaslansky, 315 So. Orange, commented that in order to obtain tax relief for the next tax
year, all applications would have to be approved and at the County by December 31 st. Action
would need to be taken by early November and applications would need to be on file by next
week. The Director of Community Development responded a 30-45 day continuance would
still allow time to get the applications to the County for the next tax
year.Mayor Coontz expressed reservations with the issue coming back in 30 days. The City
Manager will provide the report to the OUSD Superintendent at their meeting on Wednesday, July
29th.MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Mayor Coontz, Spurgeon ABSENT - Slater,
Alvarez Moved to continue
to the August 25, 1998 meeting. OUSD to be notified and comments and suggestions made by
Council be incorporated into the final report at that time.NOTE: Mayor pro
tern Slater and Councilman Alvarez returned to their seats at the dais at 8:03 p.m.PAGE
17
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
13.2 CONDITIONAL USE PERMIT 2212-98, FLOYD
CHAPMAN C3300.0
CUP-2212-
98)Tape 4640 Time set for a public hearing on petition by Floyd Chapman requesting
Conditional Use Permit 2212-98, a proposed addition and conversion of a portion of an
existing detached garage/storage structure into an accessory second housing unit. The site address is
1103 West Maple Avenue.NOTE: This project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) per State
CEQA Guidelines Section 15301.The Director of Community Development reported the project is a 6,829 square
foot lot zoned R-1-6, occupied by a single-family residence. The applicant is
proposing to convert a 400 square foot portion of the structure to the accessory second unit. A small
addition would allow a total of 458 square feet, which would include a
living room, kitchen, bedroom and bath.
MAYOR COONTZ OPENED THE PUBLIC HEARING.Floyd Chapman, 1103 W. Maple, explained his proposal, indicating
it will
not be detrimental to the neighborhood.
MAYOR COONTZ CLOSED
THE PUBLIC HEARING.
MOTION - Spurgeon SECOND - Slater AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that the project is categorically exempt
from CEQA review.
MOTION - Spurgeon SECOND -
Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to approve Conditional Use Permit 2212-98 as outlined in
Planning Commission Resolution
No. PC-
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
13.3 ORDINANCE AMENDMENT 1-98, MODIFY BOUNDARIES OF OLD
TOWNE A2500.0) Tape
4856 Time set for a public hearing on petition by the City of Orange to consider
Ordinance Amendment 1-98 to amend the Zoning Ordinance and Old Towne Design Standards
as follows:Modify Section 17.17.030 (Historic Districts) of the Orange Municipal Code and Exhibit 1
of the Old Towne Design Standards, regarding the boundaries of Old Towne, to include
the additional properties
as listed.Modify OMC Chapters 17.08 General Administrative Procedures and 17.
10 Specific Administrative Procedures, and Old Towne Design Standards Part 11, Chapters
1 & 2 Processing Requirements), to clarify the types of projects requiring environmental
review, and to more fully describe the environmental
review process.This amendment to the Zoning Ordinance will affect the
following properties:All properties currently within Old Towne (the area bounded by Walnut Avenue,
Cambridge St.,Almond Ave., and Batavia St., plus the Nutwood Tract south
of LaVeta).Properties outside the current Old Towne boundaries that are within the
National Register Historic District,
as follows:N. Lemon St. - west side ofthe 500 block including 311 W.
Walnut N. Harwood St. - east side of the 500 block
N. Pine St. - both sides of a portion ofthe 500 block (508-553)
E. Walnut Ave. - north side of the 700 and 800 blocks N.
Cambridge St. - east side of the 100 & 200 blocks and part of the 300 block (301-367)S.
Cambridge St. - east side of the 100 & 200 blocks N. Waverly
St. - both sides of the 100 block; and west side of the 200 block S. Waverly St. -
both sides of the 100 block 917 & 926 E. Palm
Ave.E. Chapman Ave. - both
sides of the 900 block and part of the 1000 block (1000-1026)E. Almond Ave. - both
sides of the 900 block and part ofthe 1000 block (1000-1014)The Director of Community
Development explained the intent of Ordinance Amendment 1-98 is to amend the
Old Towne District boundary to include blocks that were included within the National Register District
north of Walnut and east of Cambridge, which were not previously in the Old Towne
District. This will allow the Old Towne Design Standards to apply uniformly to the entire area.
Ordinance Amendment 1-98 amends the Development Review process for projects within
the Old Towne area to be consistent with the requirements of the California Environmental Quality
Act. He referred to a map which depicts the newly proposed boundary.PAGE 19
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Barbara DeNiro, (address on file), asked how the State Historic District for Orange became larger
than the City Historic District of OTP A? How far does the sphere of influence extend?
Comments were made on Mr. Zehner's proposed project in Old Towne and the requested
moratorium. The Director of Community Development responded the State Historic District was
established through agreement by the OTP A and the State Office of Historic Preservation. The
area extends further to include valuable historic properties. The regulations that apply to
properties within the new boundary cannot apply outside the boundary.
Gary Meserve, 153 S. Cambridge, expressed opposition to the new boundary, indicating he
would prefer not to be in it.
Carole Walters, (address on file), expressed opposition to the new boundary. She does not want
her property to be included. Design Review Board member Steve McHarris was responsible for
placing names and addresses on the historic list. Mayor Coontz responded the list was done by
Mr. McHarris as a citizen and under an allowable process.
Jean Heinlein, 448 N. Swidler Street, commented on the new boundary and asked what makes an
historic home?
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
The Director of Community Development explained the boundary is being amended to include
properties which have been established by the National Register of Historic Districts and by the
State Office of Preservation. Within the Old Towne boundary there are contributing and non-
contributing structures. The contributinglhistoric structures were built generally before Wodd
War II; non-contributing were generally built at later times. There are several structures
within the mile square area that are non-contributing, which is why the National Register
District is different than the mile square. The California Environmental Quality Act has
provisions which require the City to look at the historic resources under CEQA. The City needs to look
at the historic properties, particularly now that they are established as part of a
National Historic District, in the development review process. The City is required by the
National Register District and CEQA to do things in a
certain manner.COUNCILMAN SPURGEON COMMENTED FOR THE RECORD: "This was a process which the
City was excluded from which a decision was made up in the City of Eagle Rock at a public
hearing where this commission met. And under the law, it was perfectly legal. But the
local government,whether it be the school board on one piece of property, or the City and the rest of
the district was not involved other than able to send a letter. And that was the extent of it. And
that asked for an extension, and it was not granted. So, we are in affect trying to, we are
still obligated under law, as you
just indicated."
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
MOTION - Slater SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that this
amendment is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) per State CEQA Guidelines Section 15308.MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to approve Ordinance Amendment 1-
98 as outlined in Planning Commission Resolution No. PC-15-98.13.
4 TENTATIVE
TRACT MAP 14680, MINOR SITE PLAN REVIEW 45-97.BEAZER HOMES
CALIFORNIA, INC. (T4000.0 TRT-14860) Tape 5843 Time
set for a public hearing on an amendment to a condition of approval for Tentative Tract Map
14680, Minor Site Plan Review 45-97 and Precise Street Alignment for the Walnut
Avenue/Spring Street connection relating to the Beazer Homes California, Inc., development east
of Prospect St. between Spring St. and Walnut Avenue. The proposed amendment would delete
a condition requiring construction ofa cul-de-sac on Walnut Avenue and impose a
new condition requiring a cash deposit in the amount of $31 ,400 in lieu of constructing
the cul-de-sac.Mayor Coontz commented on the new notification policy approved earlier
on the agenda which extends the notification area for changes in circulation to insure that
more people in the neighborhood surrounding a development or proposed circulation
change are made aware.The Director of Public Works explained two mailings were made
subsequent to the public meeting. The first mailing of approximately 800 notices were sent to
all parcels identified as being potentially affected by the proposed cul-de-sac. The
3-page letter second mailing was sent to approximately 120 individuals who attended
the public meeting. The letter identified the issues and staffs responses to the issues in the
areas of the cul-de-sac, notification process, other local traffic, regional traffic, and land use
issues. The proposal requires the developer to make a deposit of $31,400 in lieu of
cul-de-sac construction that
could be used for other traffic mitigation in the immediate area.Councilman Alvarez asked what
traffic problems will be mitigated with the $31,400? What will the timeline be? Would staffbe coming
back to Council with the final conclusion
on the
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
The Director of Public Works explained areas identified through community input are the Beazer
entrance onto Virage, i.e. speed humps, flashers, turn restrictions; and coordination with OUSD
concerning the student drop off and pick-up across the street from the project. If found to
be feasible, the funds could be used for modification of a left-turn restriction from Gravier
to Bond.Problems were mentioned concerning speed and traffic volume on Swidler. The funds
could be used for the dedicated right turn lane at Prospect and Chapman to resolve traffic
back-up. The four-way stop intersection of Esplanade and Spring should be reviewed, but
is not likely a location where the funds would be used as it is more remote from the
Beazer project. The City Council will be presented with the recommended use of the funds,
once the Traffic Commission has had an opportunity to review any traffic-related
improvements. The neighborhood will be provided an opportunity for further
comments on any proposals made.Tom Grabel, representing Beazer Homes, 1100 Town and
Country, Suite 100, thanked Council for giving Beazer Homes the opportunity to create a forum to bring
some of the issues forward.Beazer Homes concurs with the deletion of the condition to
construct the cul-de-sac and concurs with the imposition of the new condition
requiring a cash deposit of $31 ,
400.MAYOR COONTZ
OPENED THE PUBLIC HEARING.SPEAKING IN FAVOR:
Eldon Neben, 414 N. Swidler (presented card)Chris Poysa, 226 S. Rosalind, requested some
monies be used towards the extension of Walnut/Spring, or whatever traffic relief can be done
in the area. Mayor Coontz indicated this issue was addressed in the 3-page letter
sent out by the Director of
Public Works.Arlen Craig, 3402 E. Vine Avenue Beatrice Heinlein, 448 N. Swidler, commented the corner
property on the south side of Virage at Walnut
is a mess and asked who owns it?Mayor Coontz asked the Director of Community
Development to look into this issue. Mayor pro tern Slater asked if the property is a remainder
parcel? The Director of Public Works indicated a portion of it is part of the old
street right-of-way. Another portion belongs to the Kensington
Homes project. The City will take
care of its portion.Pastor Bill Cox, 4002 EI Carmen Rod Martin, 544 N. Turnberry, asked that
the orange utility paint on the sidewalks to Gravier and the entryway of Kensington Homes
be removed. He expressed concern with the work hours of the contractors doing
building construction at the Beazer development and the noise level.Mayor Coontz responded the
Director of
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
Leonard Morris, 3815 Silverleaf, asked Council to consider the possibility of a park at Spring
and Prospect.
Nan Gaisbauer, 287 N. Olympia Way, asked for an explanation of Resolution 8986. The
Director of Public Works explained the cul-de-sac was one of the mitigating measures
for the street alignment. The deletion of the cul-de-sac is technically an
amendment to
the street alignment approval.Those speaking in favor expressed their appreciation to the City Council
and the Director of Public Works and his staff for the process that was undertaken which allowed
the people
to voice their
opinions.SPEAKING IN OPPOSITION:Robert Laurence, 797 Siavohn, agreed the cul-de-sac should
not be built. Concern was expressed with the condition process which should insure the costs for
traffic issues or infrastructure is paid by the developer, instead of the taxpayers. The cash deposit of$31,400
is not enough to fund the alternate measures. Mayor Coontz responded the Director
ofPublic Works had indicated the 31,400 would be applied to the total cost of the
alternate measures. Some issues will be addressed internally, and others
will go through the Traffic Commission.
MAYOR COONTZ CLOSED
THE PUBLIC HEARING.RESOLUTION NO. 8986 A Resolution of the City Council of the City of
Orange amending the Precise Street Alignment for the eventual construction of the
Walnut Avenue/Spring Street
Connection. Applicant:Beazer
Homes California, Inc.
MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Resolution No. 8986 as introduced, be adopted and same was passed
and adopted by
the preceding vote.
RESOLUTION NO. 8987 A Resolution of the City Council of the City of Orange amending Tentative
Tract Map 14680 and Minor Site Plan Review 45-97 for the subdivision of property situated
east of Prospect Street between Spring Street and Walnut Avenue. Applicant:
Beazer Homes
CITY COUNCIL MINUTES July 28, 1998
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8987 as introduced, be adopted and same was passed and adopted by the preceding vote.
MOTION - Mayor Coontz
SECOND - Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to acknowledge that the Public
Works Director has indicated that the monies that would have been designated for the cul-
de-sac will be applied to the mitigation of traffic problems in the precise area around
the Beazer property.14. PLANNING AND ENVIRONMENT
OFF-AGENDA ITEM The
City Attorney
announced July 14, 1998 meeting minutes relative to the Bond Pit wall indicate that no
wall is to be constructed and that the landscaping be put in prior to Council's review of the
plan. It is his understanding that wall is going up.MOTION - Mayor Coontz
SECOND - Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that this matter arose after
the posting of the agenda and there is a need to take immediate action.The City Manager commented the
permit
for the wall was issued prior to Council's action on July 14th. At that meeting, the
Water District agreed to work with City staff on designing the landscaping around the wall, which will
come back to Council before it is to be completed.MOTION - Slater SECOND - Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved
to approve the plans as presented.PAGE 24
CITY COUNCIL MINUTES July 28, 1998
15. ADJOURNMENT
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council
adjourned at 9: 11 p.m.CASSANDRA J ATHCART,
CMC CITY CLERK PAGE
25