01-28-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON FEBRUARY 11, 1997
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 28, 1997
The City Council ofthe City of Orange, California convened on January 28, 1997 at 4:30 P.M. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Judy Sollee,
on behalf of the 1996 Orange International Street Fair Committee, expressed gratitude to
the City Council and City staff for their support. Chuck See, President and Gladys Brown,
Treasurer of the 1997 Orange International Street Fair Committee,presented a
check in the amount of $81 ,820.20 for services rendered during the 1996 International Street
Fair.1.4
PROCLAMATIONS A proclamation
was presented to Claude H. Claussen for giving his time and expertise to the California
Rehabilitation Center Women's Hobby Program in Norco, California. Mr.Claussen presented
hats made by the women prisoners to each Councilmember.2. CONSENT
CALENDAR 2.1
Declaration of City Clerk, Cassandra 1. Cathcart, declaring posting of City Council agenda of
a regular meeting of January 28, 1997 at Orange Civic Center, Main Library,Police facilityat1107NorthBatavia, 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.2.2
Request Council confirmation of warrant registers dated January 10 and 14, 1997.ACTION: Approved.
PAGE 1
CITY COUNCIL MINUTES January 28, 1997
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
2.3 Request approval of City Council Minutes, Regular Meeting of January 14, 1997 and
Adjourned Regular Meeting, January 15, 1997.
Councilman Murphy abstained from this item due to his absence from the January 14,
1997 meeting.
MOTION - Spurgeon SECOND -
Alvarez AYES - Slater,
Mayor Coontz, Spurgeon, Alvarez ABSTAIN - Murphy ACTION:
Approved Minutes of
January 14, 1997 as amended; approved Minutes of January 15, 1997 as
presented.2.4 Consideration to
waivereading in full of all ordinances on the Agenda.ACTION: Approved.AGREEMENTS 2.
5 Authorize
execution
of agreement between the City and Harper & Burns, a limited liability partnership, for legal
services of Interim City Attorney to be provided by Alan Burns.FISCAL IMPACT: Funds
are
budgeted in Account No. 100-0301-426100 - Legal Services.ACTION: Authorized
Mayor
and City Clerk to execute on behalf of the City.BIDS 2.6
Request
for permission to advertise Bid No. 967-02 for traffic signal improvements and installations at:
Chapman Ave.
and Esplanade St.Chapman Ave.
at Rancho Santiago Blvd.Glassell St.
at Grove Ave.Santiago Canyon
Rd. Equestrian Crossing Modification Modification
Installation Installation
PAGE 2
1-- - ------- -~- ~---
CITY COUNCIL MINUTES January 28, 1997
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts: 285-5032-483100-6124 $
20,000.00 TSIP - Area C
East Orange)285-5032-
483100-6125 $ 44,999.
09 TSIP-Area C
East Orange)284-5032-483100-6091 $
74,999.71 TSIP -
Area B
West Orange)272-5032-483100-
6135 $ 39.999.20 Gas Tax)Estimated Total 179,998.00 ACTION:
Approved the
plans
and specifications; and authorized the advertising
of Bid No.
967-02.CLAIMS
2.7 CLAIMS
FOR DAMAGES FROM:a. Darlene Quon-Sanchez b. Lynn Tam FISCAL IMPACT:
None.
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS 2.8 Request Council award a professional engineering services contract for sewerimprovement
plans to Wagner Pacific, Inc. in an amount not to exceed $31,458.Location: Chapman Ave. from Eckhoff St.
to Flower St. and Flower St. from Chapman Ave. to La Veta
Ave.FISCAL IMP ACT: Funds are budgeted in
the Capital Improvement Program and account number: 520-5011-483200-5544 (Sewer
Construction) - $550,
CITY COUNCIL MINUTES January 28, 1997
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.9 RESOLUTION NO. 8700
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 96-10 adjusting lot lines of certain real property situated at Tract 13529 in the City
of Orange, County of Orange, State of
California.Owner: Crawford Canyon 33,
LLC ACTION:
Approved.2.10 RESOLUTION NO.
8728 A Resolution of the City Council of the City of Orange approving Lot Line
Adjustment LL 96-12 adjusting lot lines of certain real property situated at 1501 W.
Katella Avenue in the City of Orange, County of Orange, State
of California.Owner: Syufy Enterprises, a
Limited Partnership
ACTION: Approved.MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item
No. 2.3 was removed and heard separately (Councilman Murphy abstained). The remainder
ofthe Consent Calendar was approved as presented.END
OF CONSENT CALENDAR 3.
REPORTS FROM MAYOR COONTZ 3.
1 Discussion of petition by the Old Towne Preservation Association through the California
State Historic Office to list Old Towne Orange on the National Register of Historic
Places.Councilman
Alvarez abstained from this issue due to a conflict of interest and left the podium.PAGE
4 I ---.
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz announced in December the City was notified formally of Old Towne
Preservation Association's (OTPA) application to the State Historical Resources Commission to
list the proposed Old Towne Orange Historic District on the National Register of Historic Places.
On January 15th the city held a study session on the proposed listing. The purpose ofthe studysessionwastoeducatetheCouncilandpubliconthisissue. There are a number of questions that
arose during the session and the City Manager will summarize what is known about the proposalandwhatisnotknown.
The City Manager reported the proposal was put forth by Old Towne Preservation Association to
the State. It is not the City's proposal, however the City can comment on the OTPA application.The State Commission does not have to act on the City's comments; they can forward the
application with or without the City's support or opposition. The application goes to the State
and the National Park Service has the final determination of this issue. The State has indicated
the proposed district will not affect the way the City administers the California Environmental
Quality Act (CEQA) when a property owner requests a permit to modify a structure. The State
does admit, however, that in the case of a demolition, the City may have to treat an historic
property differently than we do now. The City may be required to conduct an environmental
assessment to evaluate the overall impact of demolition on the district. The City Attorney
concurs that the City staff may be obligated to complete additional work in this regard.
The following issues are unknown:
The City cannot estimate the financial impacts of any added environmental review associated
with future demolitions. It may require a separate contract with a specialized consultant. The
City is now trying to assess what it is the City does, what it is CEQA will require the City to do;
whether or not the City is declared a historic district. It is anticipated the type of procedures that
the City would administratively have to have if the City becomes a historic district, will take
time to work out.
Despite the State's assurances the City does not know if other significant actions, like a
substantial property modification, may also require greater environmental review. Orange mayfinditselfasatestcaseandtheCitydoesnotexpecttheirStatefriendstostandbesidethemin
court. There may be issues of dispute on the interpretation of what is required under CEQAbecausetheCityhascheckedwithanumberofcitiesthathavehistoricdistrictsandtheyare not
doing things that are different than the way the City does them now. However, it does not mean
that the City is necessarily doing them correctly now; that is still up to some interpretation. We
believe we need to look internally to what we are going and how we are doing it.
There are options for Council relating to the OTP A application and the February hearing. We can
ask for a continuance, although there is no indication such a request would be granted. We can
offer a comment supporting, opposing or noting the concerns about the proposed listing.Remember, the State representative told us we have no formal grounds for protest despite owninglandintheproposeddistrict. The City is not allowed, as a governmental body, to have a vote,
nor does the school district. The City can note for the record the January 15th Study Session PAGE
5
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
and hold off any further comments. Staffhas been asked to begin a thorough inventory detailing
how the City processes permits now and how they should be processed in the future in order to
maintain a business friendly attitude and be as helpful as possible. Yet we are not sure about
CEQA and whether the City should be doing more than what we are doing or what is really
required. The State has told us that it will not affect the way we administer under the CEQA, but
we have some doubt if they understand exactly what it is we are doing.
Council comments:
Mayor pro tem Slater:
Regarding the application, Mayor pro tem Slater indicated he has been a supporter of this for the
past two years, since OTPA began working on it. The thrust of this and the reason where we are
today, is because in 1995 the City had the opportunity to pass the Certified Local Government
CLO/CLG or at least consider it at that time. We chose not to and the assumption was to take it
up at a later time. This has beat us to the finish line. Since it is in process, it is going forward
and I can't say enough about what a positive thing this is for Old Towne and for our community.
If there is any action done on this; and I personally feel it would not be appropriate, this is an
application put forward by the citizens, they want it for their neighborhood, and I think it is a
plus. If Council does anything at all, I would like to see Council support it.
Councilman Murphy
Expressed concern that not all the citizens had the opportunity to look at the application. The
notification, by the State's own admittance, was done by the applicant. He is confident they took
their best efforts to make it as accurate as possible, but perhaps the City should have assisted to
ensure all owners were notified, or at least some type of cross check to ensure that owners were
notified. Concern was also expressed when the question was asked of Marilyn Lortie regarding
the math involved, there is a rather unique process in this application that if someone were to
oppose, it would require 50% of the property owners with notarized letters and he has yet to hear
whether or not anything has been calculated as to what that number would represent. The thing
he was most confident about and prefers would be a request to continue. Marilyn Lortie assured
us the application being accepted would not give any additional protection, it would not change
anything based on what the City has already done to protect the historic area. Councilman
Murphy did not see any down side risks to anyone involved, whether a particular person is pro or
against the application, to request a delay to allow all property owners the opportunity to evaluate
for their own benefit, and then they can make their own decision through the time of the
extension. Given a 30 or 45 day cycle, he doesn't believe this has occurred. The request for
continuance would offer the City time to assess the implications. Councilman Murphy
applauded the City Manager and staff for being proactive on the CEQA review process, but
requested through the Mayor that the City Manager schedule an update session so Council is
cognizant as to what the appropriate review process will be and what entities will be involved
subject to completion ofthe study.
PAGE 6
I -
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz
Mayor Coontz indicated she has already spoken to the process and it is undemocratic, but it was
designed by the Federal Government and apparently approved by the State. Another problem,
which is why she asked for the study session for the benefit of the community was the lack of
voting privileges of public entities and the skewed voting requirement of people in the
community.
Mayor Coontz understands the interest of OTPA in putting the district on the National Register.
There have been a number of activities that pre-date OTP A, organized in about 1985. The
City began activities in preservation in approximately 1976. Most all ofthat has been done has
been accomplished by the City of Orange. The most important aspect of the history of preservation
in the City of Orange has been the Plaza. The Plaza is what makes all the surrounding
residential area
important.Another concern is the difference between the Mile Square as we know it and the
new designation. The Council built the design guidelines on the already approved Mile
Square.Additionally a number of people have indicated their buildings are not in the new listing,
either they have been skipped or perhaps they were overlooked for some other reason. They
are concerned about the differences between the original survey, the Aegis Report, and the OTP
A application. It would seem the smart thing to do would be to keep the Old Towne
district designation as it is now. There are many homes in many neighborhoods beyond the confines
of the Old Towne Mile Square that have the same architecture as those located in the
district,whether you go west across Batavia into Main Street, like Jewel Place, east of Cambridge,
or north of Walnut. It would convolute the process to change the designation even though it
was not perfect. To begin with we can convey our thoughts to the State, but didn't know if asking
for a continuance of any kind would benefit anyone. Council could send a letter to the
State indicating our differing views and some of the points that have been made and hope
they consider them. We can't do anything about a continuance. This has to be the applicant or
the State Historic Resources Board
themselves.Councilman
Spurgeon Concern was expressed regarding the process. Many staff and people in the audience
on opposing views spent some time over the past several years to work and finally pass
the comprehensive Old Towne ordinance and design guidelines. It was a compromise,
people walked away from various sides of the fence, but for the most part it has worked. It took a lot
of community effort and was a compromise. Now this has come up and again, the process is
flawed because it does not support local government in terms of our authority as elected officials. It
is causing divisiveness again and bringing up old wounds, causing all of us to divert from
a miraculous recovery the City has made in terms of economy and business throughout the City.
I will reserve my other comments until after public
comment.PAGE
7
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz commented when you receive an honor there is a responsibility of some kind.
This is the reason for concern. We want to know what the responsibility will be at the City of
Orange.
Mayor Coontz announced a phoned call request from Ralph Zehner received on January 23, 1997
asking a letter be sent to the Governor regarding an extension. Also, a letter was received from
OTP A with the following excerpts read: "On behalf of the Board of Directors of OTP A, we
want to address the issue of Certified Local Government (CLG) for the City of Orange. It is
rumored that CLG status will be the next step following the designation of Old Towne in the
National Register. We want you to know there are no plans on the part ofOTPA to pursue CLG
status for Orange We feel confident the Mile Square area is adequately protected with the
ordinance the City Council largely under your leadership has had the foresight to put in place.
Our future plans upon the National Register Listing are to further educate our membership and
the property owners on the benefits available to them as a result of the designation. The
application for National Register Status was submitted in September, 1996 in draft form and then
modified in November for the State's request for more information. We have been working on
this submittal for two years. The application was not submitted two years ago as one newspaper
erroneously reported." Letter on file in the City Clerk's Office.
The following people spoke in opposition:
Carole Walters, 534 N. Shaffer Street requested Council take a stand and send a letter to the State
for more time. If OTP A had this going for the past two years, why didn't they have the
community be a part of this and educate them. How can anyone put someone's property on
anything - it is taking property rights away. Concerned about the State representative, Marilyn Lortie,
at the Study Session. It was asked by a resident, if you don't send in a letter in favor, if you
don't send anything in, Ms. Lortie said it didn't count. At the meeting an hour later, it was asked
and Ms. Lortie said yes it would be considered a yes vote. She was asked about this and she
indicated she thought the Council asked it. So, did she answer her question because Council asked?
Once they get this they will want more. Many issues are still not answered.Ralph
Zehner, 630 E. Culver, commented he spoke with Paul Lazano in Washington DC National
Trust who indicated the commission will listen to the Council if they send a letter requesting
a delay, so please do that. Mr. Zehner read the following letter he wrote to OTP A dated
January 26, 1997.This
proposed nomination of Old Towne Orange to the National Register of Historic Places certainly
has taken most of the property owners by complete surprise.Resentment
ofthe process has been going on for two and half years without the property's knowledge
or input, concern about the true impact to them.Conflicting
messages put out by the State office, OTP A, City staff and articles published by the local
newspapers.Concern
over the fast track process - need more time for assessment.The previous
high application was 300 structures, this application has approximately 1,700 structures, it'
s five times the size.PAGE 8
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Yes, OTP A did follow the letter ofthe law, but is it morally correct not to delay something that
impacts so many people, over 3,000 people. State Office will send their CEQA Mills Act rehab
tax and other experts to Orange to educate people.
Request OTP A withdraw the application at this time to give the whole community the much
needed time to put their fears to rest. This would indicate a positive willingness to work with the
property owners and just may bring together all of the community, eliminating some of the
discord that has plagued the area for the past several years. This would be a positive step in the
healing process. All sides ofthis issue must be willing to show tolerance and work together. A
long journey starts with one step, so here's mine."
Barbara DeNiro (address on file), commented on the following: Been a resident since 1958 and
we are intelligent in other parts ofthe City. CLG was at the study session. Does not believe
honor is a material thing. If anyone can apply then we can all comment. It has been two years in
the process, 45 days response time and is totally inadequate. The process is flawed. For
someone to put somebody's name on something without their permission is unforgivable. We
need a more democratic process. If nothing will be affected, why do it. Redevelopment in this
process has bought up a great enterprise zone in downtown. This is more layering of
government. The application through the State is the problem and is a stupid law.
Adele Graves, (address on file), questioned ifthe application was really discussed with the
landowners who rent out their homes. These homeowners have not been aware of this and ifit
takes 51 % to not have this property put on the National Register, and only 10% to agree to it, it
would seem that if OTP A were truly sincere in doing this the right way, they would have taken
special effort to notify the property owners that they say they did, and follow it up with a phonecallmakingsuretheyhadsomecontactwiththehomeownerandgetayeaornayfromthem.
They could have had a special meeting. They've had two years to get this together. Apparently,these people did not know and everyone is upset and up in arms about it. Would it hurt if OTP A
requested a delay to go back again and contact these homeowners so they would have a chance to
agree or not agree.
Corinne Schreck, 446 N James, requested a continuance from the State due to the fact she has
been going door to door in Old Towne and met a couple that live on Pine Street and have been
members of OTP A for a number of years and do not understand what this honor meant either
way. More time is needed to educate people as to the pros and cons. There are over 500
noncontributing structures. If people want this honor, they can apply for it themselves. There
are homes in Old Towne that deserve the honor and they should apply. It takes away people's
right of choice to be put in a pool with many. Some people don't like lists, such as Hitlers and
Schlinder's list. They don't like being a number with the State or Feds. It is an undemocratic
process and people feel they want privacy. It was asked ifthe City in the Code can amend the
boundaries at any time? Then the boundaries could be amended for 26 square miles and cover
the entire city. The public needs time to think about what is being done here. The bottom line
seems to be money. Redevelopment money, seismically retrofitting, special federal money, if
you follow the money trail you find the answers. The commission meets four times a year and
PAGE 9
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
they can meet more than that and since the highest number of homes in the State is 300 on the
List, this is almost 1700 structures, it could be 3-4,000 people in the voting process, the
people should be allotted more time and the commission should come to
us.The following people spoke in
favor:Joan Crawford, 394 S. Orange Street, President of OTP A, commented as an organization
OTPA proudly, with honor and a labor oflove completed and submitted the application for
the residential area for consideration for the National Register. Approximately three years ago,
there was a survey among members and most thought it was already on the Register, and if it wasn't
it should be. Within the last two years, we have been actively working on the application with
the help and direction of the State Preservation Office. They gave us the rules to follow and
we worked with them. The submission was not an act of revenge or retaliation, it was in no
way meant to be a political pawn and does not need to be in that arena. It was never meant to be
a surprise. Over the past two years it has been addressed in every newsletter and we have talked
to everyone that would listen about the application. OTP A is surprised that people weren'
t listening to us. There is no hidden agenda. The Plaza was put on the National Register, then
the business district, it only makes sense for the residential area to now be part ofthat. The
entire area needs to be recognized for its significance and contribution to the history of
Orange,California and United States. Most of the homes individually would not be eligible for
the National Register, but as district they are eligible. Besides the National recognition the
National Register places no restrictions on the homes; there are specific tax incentives for
income producing properties and there are many people moving into the area and upgrading.
The National Register gives incentives to people that own rental property to upgrade and a reason
to contribute to the improvement to the
District.Betty Murrow, 603 E. Almond, commented on her years in Old Towne Orange, member
of OTPA and the positive effects it has had on her and her
family.Fred Gillette, 205 E. Palmyra, owner of the Culver House built in 1887, commented
he purchased the home three years ago and knew the house was listed on the National Register.
Mr.Gillette read documentation left by previous owners to make sure he would not be imposed
upon by any government layer other than the local City. Moving to the historic area has been
a fulfilling portion of love for the City of Orange. Mr. Gillette enjoys the fact that he does
not have any restrictions placed on him other than through the Design Review Board which
has maintained an integrity in the City on historic value. There has been no negative aspects
of historic value of being registered in the National Register and as far as knowledge about the
City being placed in a larger district, Mr. Gillette was informed by the previous
owners.Shannon Tucker, 556 E. Culver, commented OTPA was unaware exactly when the State
would accept the application. The application for the Plaza Historic District started in 1977 and was
not culminated until the State Commission on Historic Preservation heard the application on
August 8, 1980. At that time there was no notification requirement, and no record at the City
any PAGE
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
property owners were notified. Ms. Tucker assumed the City notified the owners. However, the
process of 58 properties in the plaza, 38 of which are historic and 20 are not were nominated and
placed on the National Register by the City. It was asked how much research on the cause and
affect of that process has been made. The Plaza is now on the Register with The Keeper for
more than 14-15 years has seen nothing but positive change, economic growth, ease in
property owners changing the :fronts of buildings, upgrade interiors making them modern and safe as
it relates to earthquakes, and the City has been able to offer funding to assist the property owners
to accomplish those tasks. There is no reason why not only the residential area with this
being affected by this honor, but also the commercial areas outside the Plaza District cannot
benefit from some of the tax credits and redevelopment funds as well as federal loans available
to historic properties which are only available ifthey are a certified structure. The
discussion regarding the CLO/CLG was the City had the opportunity to certify the structures sopeoplecouldqualifyforprograms. The City chose not to do that and now we have this opportunity
to certify structures and enable people to qualify for funding to improve and better the
community.Council
discussion:Mayor pro tem Slater asked the Director of Community Development if there were another
two months past the February 14th date that the State will receive letters and comments regarding
the
application.The Director of Community Development reported the State Representative indicated letters
in opposition would be received up until the time the National Park Service will make theirfindingswhichwouldgiveitapproximatelythreemonthsfrom
now.Mayor pro tem Slater asked if in 1982 when the Historic Preservation Element was enacted
if CLO/CLG would be pursued in terms of Old
Towne?The Director of Community Development indicated it is mentioned in the Historic
Preservation Element of the City's General Plan, but would have to be
researched.Mayor Coontz commented the entire document was generally written and open tointerpretation,but there were a number of options and the CLG was an option. The representative from
the State indicated the City has so much in place that the CLG was not needed and this is what
the OTPA Board of Directors also indicated in their
letter.Mayor pro tem Slater gave further comments: Based on this discussion and with publicinput,the bottom line is the only way some ofthe advantages available to historic areas are to be
listed as a CLG or placed on National Register and the Council chose not to pursue a CLG or CLO
as recently as two years ago. OTPA submitted the area for National Register Listing. There is alotofadvantagesavailabletopeoplewhoarelisted. One of them that was not pointed out that
is significant is the fact that once a property is listed or in the area, they are now subject to the
State Historic Building Code and not the Uniform Building Code, which gives a lot more latitude
to PAGE
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
property owners in terms of not having to meet some ofthe handicapped and building
requirements saving them a lot of money.
The bottom line is that this is strictly an honor and is not imposing any more regulations on any
property owners. I have to call the kettle black. For years of being involved with OTPA and
since I've been on the Council, there is a group of citizens in the community that has fought
preservation in Old Towne every single step of the way and several of them have been heard
today. It's clear. The only reason they want a delay is because they want to shoot holes in this.
This is strictly an honor to be listed on the National Register. This will be the largest historic
district in the State. We can place signs at the freeway saying, "Old Towne Orange". There is
nothing but good to come :from this. Ifwe delay this or if we object even to the process even
though I admit it, it may be somewhat flawed. It could perhaps be better, but with the
Government nothing is perfect especially the Federal Government. We didn't make the rules, we
just have to follow them if we want to submit an area. Unfortunately, these people I've referred
to have had a lot of affect on the Council over the years, and nothing personal with any sitting
councilmembers, but sometimes historic preservation is espoused for political purposes but when
the pedal meets the metal, like it is today, this is the time we have to made a stance and say either
we are for preservation, we're for Old Towne or we're not. And to do anything but to support
this application, in my opinion and OTPA's opinion is saying we are not."
Councilman Murphy commented that he initially suggested the continuance believe it is not
necessarily to shoot holes. I must be very candid, I've heard from a total of may be 20-25
people on this issue and probably equal number for and equal number against. There is 1700 pieces
of property and many more voting owners this will have an affect on. For that reason, the
other issues have been brought up; the size of application, differences between the historic district
that the City has defined and the fact that the City itself is still trying to understand the issue
despite valid and quick approaches and attempts by the Manager and his staff. I believe that
the opportunity for people to participate, and this still is a participative government, should
dictate that we allow the owners, the folks affected at the time, to take a look and make their
own opinions. You are right it is a Federal and State law. The law as it stands today is tacit
approval.Anytime you have a situation where it requires a notarized 51 % of the property owners to
oppose it otherwise it passes, it is not dealing on level ground. For me to be comfortable to say that
I acknowledge this and believe that all affected owners have been involved, it takes more time.
It is an honor for those that want that for their property but I don't believe a small percentage
of those folks should be able to apply it to larger areas without at least everyone being able
to comment. If they chose not to comment, then shame on them because the rules are rules as
they are currently. I do genuinely believe that the time has not been taken since the application
has become formal to allow 1700 owners, many of which who have not been found yet for sure
to see it. My only belief is for a continuance to let everyone get a chance. Some of the folks
will never agree and I'm really disappointed that basically this issue has been raised again to
become divisive in the neighborhood and area because we did work hard on it a couple years ago in
terms of getting design guidelines and the rest. I feel very strongly that at least one portion of
the letter, should we agree to send one up, include a request for time to allow further information
to be dispensed. I applaud OTP A for holding and sponsoring the one session that was
available PAGE
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
which was probably all that could be done within the time :frame. I don't think there's anydownsidetothreemoremonthswhetheritbeaspecialmeetinginwhatmightbethelargestappliedareaevertobeapproved, should it be approved. Or at this point, there are many that
would even accept a continuance to the next General Meeting even though that meeting will befurtherawaygeographically. This one is in Eaglerock, the next one is in the Sacramento area. I
know all four are established for this year. We could provide an appropriate forum throughChapmanUniversityorCitygroundstoholdthespecialhearingandthisshouldbeincluded in
the letter.
Mayor Coontz commented, :from the beginning when the National Register application was
going to be submitted, I was approached and told that OTP A was in the process of seeking theNationalRegisterdesignation. The advice I gave was that any time you have an issue of
community interest, you need to prepare the community for it, just like we try to do. We're not
always successful, but we certainly make the attempt. What is curious is the fact that there is no
one here. We have advertised this on Cable TV and certainly talked about it, it's been in the
newspapers for the last couple of weeks and there aren't many more people than usually come to
a Council meeting. As far as Council taking any more action like arranging for meetings, I
would disagree with that. One ofthe things that we need to do and continue to do is divide
ourselves :from an action that was taken by others. We as a City have spent a lot of money andtimeonpreservationgoingwaybackto1976andhavedonesomemarvelousthings. $2 million
was spent in the Old Towne Plaza area for retrofitting because of potential earthquakes. It was
certainly an important activity of the City of Orange and just on the eve of the recession. There
are many City sponsored preservation activities we can point to.
I am in favor of sending them a letter and indicating Councilmembers differing opinions and thedifferingopinionsasheardfromthecommunity. Perhaps we could attach the minutes. If theycaretoreadthem, they will see everything we've discussed, and in a letter, brief some of the
concerns. I'm not too sure about an extension because there is an automatic built-inopportunityasMayorprotemSlatersaidandthefactthatthemoretimewegivethemoreitwill
be politicized. You would think that people would do a valiant job of educating (and sometimesitbecomesmis-educating when you give people the political opportunity). I don't thinkwehavetherighttodothatnorshouldwebedoingthat. We can say that there needs to be moretimeandiftheywanttogiveittousfine. It is up to them, they are the
decision makers.Council gave the
following
motions:
MOTION
SECOND
AYES
NOES ABSENT
Murphy Spurgeon
Spurgeon, Murphy Coontz,
Slater Alvarez PAGE
13
CITY COUNCIL MINUTES January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Moved to send a letter of the informational points as well as the noticing points, that an item be
added that respectfully requests a continuance ofthis item, not a withdrawal, but a continuance to
either their next regularly scheduled meeting or a special meeting possibly hosted by the City or
Chapman University.
Note: Motion died because it did not receive a majority vote.
MOTION
SECOND
AYES
NOES
ABSENT
Coontz Murphy
Spurgeon, Mayor
Coontz, Murphy Slater Alvarez Moved
to include
concerns from
the City Manager regarding what is in store for the City and the fact that the City does
not have all the information that is needed on the effect of CEQA on the Historic District.Mayor pro tem
Slater commented
for the record: "We are making a grave error as a governmental body interfering with an
application that is being put forward by citizens and I think that we should not
have a say in this. The citizens should have their input and proper bodies make their decision."MOTION
SECOND AYES NOES ABSENT
Murphy
Spurgeon
Spurgeon,
Mayor
Coontz,
Murphy Slater
Alvarez Moved
to request that the listing
of landowners
be verified
and the notification process completed to ensure, as accurately as humanly possible that the
notification went out and was received.MOTION SECOND AYES NOES ABSENT Murphy Spurgeon Spurgeon, Mayor
Coontz,
Murphy
Slater
Alvarez
Moved
that
the implications
of differences
between the currently designated historic
area and
the district
applied for through the State be considered by the Commission.PAGE 14 m --- ~.~ r-
CITY COUNCIL MINUTES
January 28, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
MOTION
SECOND
AYES
NOES
ABSENT
Murphy Spurgeon
Spurgeon, Mayor
Coontz, Murphy Slater Alvarez Moved
to express
concern regarding
possible inconsistencies between the Aegis Report, the previous listing and the currentlisting; to whom does the burden lie to have a complete listing that includes a description, correctaddressingandownershipandwho's responsibility is it to verify.MOTION SECOND AYES NOESABSENT
Mayor
Coontz
Murphy
Spurgeon,
Mayor
Coontz, Murphy Slater
Alvarez Moved
to send the letter with
Council minutes
of January
15 and 28, 1997 attached to the Commission with a copy to the State Office of HistoricPreservation.MINUTE ORDER - MAYOR PRO TEM SLATER I want all my
previous comments in the minutes. Over the
years it has always been mentioned,you know, we spend too much time in Old Towne, too
much time talking about Old Towne, and what we saw today was a politicization of the process. Ifeltweshouldhavestayedoutofthisentirely. I don't know why we are discussing this. Atanyrate, I think I have said enough to get me in hot water."Mayor Coontz commented the reason we arrangedthismeetingisthat
we do have a responsibility to the community to inform them.4. REPORTS FROM COUNCILMEMBERS _
None 5. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS Tape 2758 5.1
Report from the Investment Oversight Committee on the Quarterly
Meeting of the Investment Advisory Committee.The City Treasurer reported on the Investment OversightCommitteemeetingsheld
November 4,1996 and January 20, 1997. The purpose ofthe November 4, 1996meetingwastoapprovethebroker/dealer questionnaire and to discuss whether the City should continuetouseMerrillLynchasabroker. The consensus of the Committee was to discontinueusingMerrillLynchforanyfuturebrokerageservices. This decision was previously relayed to the CityCouncilonNovember12, 1996. Staff was also directed to move forward tosendoutthebroker/dealer PAGE 15
CITY COUNCIL MINUTES January 28, 1997
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
questionnaires and seek additional qualified securities dealers. The main purpose of the January
20, 1997 meeting was to review any recommendations of the Investment Advisory Committee.
At the quarterly meeting held on January 9, 1997, the Investment Advisory Committee stated
they did not have any recommendations for the Investment Oversight Committee to consider.
As a follow-up to the November 4, 1996 meeting, staff presented a summary of
the broker/dealers who qualified to be on the broker/dealer list. They include Smith Barney, Bank
of America, Dean Witter and Paine Webber. A final draft of investment procedures and
an investment reference manual were presented to the Committee. There were no
outstanding recommendations from the Investment Advisory
Committee.MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
accept the report.5.2
Accept resignation of George Gorham effective January 12, 1997 from the Library Board of
Trustees. Direct the City Clerk to begin Maddy Act requirements.Mayor Coontz
requested a proclamation be prepared to be presented to Mr. Gorham for his eighteen years
of service on the Library Board of Trustees.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved with regrets, to accept
the resignation and directed the City Clerk to begin Maddy Act requirements.6.ADMINISTRATIVE REPORTS Tape
2875
6.1 Treasurer's report
for the period ending December 31,1996.The Finance Director reported the
Cash and Investments Balance was $114.4 million; cash receipts exceededcash disbursements for
the month by approximately $9.3 million which was dueprimarily to the receipt
of $7.1 million in property tax revenues and $1.8 million in sales tax funds. There was $2.5
million in investments that matured during the month; $11 million of the excess funds were invested in
Treasury Notes and $1.2 million in the LocalAgency Investment Fund. At the end of
December, the Local Agency Investment Fund balance was $9.5 million; the Portfolio Yield to Maturity was
5.45%; and market values weredown slightly to 99.36% of book. The Portfolio Weighted-Average
Maturity was 1.55 years.PAGE 16
CITY COUNCIL MINUTES
January 28, 1997
6. ADMINISTRATIVE REPORTS (Continued)
MOTION - Slater SECOND -
Coontz A YES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive
and file.6.2 Request
to remove the parking restrictions on Old Camp Rd. north of Canyon View Ave. Following CityCouncil's directions given to Public Works staff at their meeting 6-25-96, staffhasreevaluatedtheparkingconditionsonOldCampRd. and within the Peter's Canyon RegionalParkandreportingbacktotheCityCounciloftheirf'mdings.TheDirector
of Public Works reported that staffwas directed to contact the County to see if changes couldbemadetothePeter's Canyon Regional Park parking fee and the hours of operation. TheCountycouldnotjustifyremovingthetwodollarparkingfeebutindicatedthata larger partoftheoff-site parking problem was due to the park having limited hours and the desireforparkpatronstohaveaccesstotheparkafterhoursduringthesummermonths. The interimparkingarrangementhasbeensuccessfulandtheresidentshavehadoverflowparkingavailable. Parking and police activity on the street has declined.Richard
Wells, 8636-B E. SugarloafPeak Rd., thanked the City Traffic Commission for theirconsiderationandrecommendationbecauseithasbenefitedmanypeople.
MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny
the appeal ofthe City Traffic Commission's decision to approve the installation of parking restrictionsonOldCampRd.; and approved the existing parking restrictions on Old Camp Rd. onapermanentbasiskeepingparkingavailableattheendofthecul-de-sac.7.
REPORTS FROM CITY MANAGER - None 8.LEGAL
AFFAIRS Tape 3116
8.1
ORDINANCE NO. 32-96 An
Ordinance of the City Council ofthe City of Orange repealing Chapter 9.16 ofthe Orange MunicipalCodeandreplacingitwithanewChapter9.16 relating to the prohibition of drinking inpublic.PAGE
17 1
CITY COUNCIL MINUTES January 28, 1997
8. LEGAL AFFAIRS (Continued)
The Interim City Attorney stated a letter was received today from Norm Phillips expressing a
concern that there needs to be further restrictions on the drinking in public ordinance and he
specifically is asking for a prohibition against enforcement on owner-occupied
single-family property. It is the City's opinion that such further revision is unnecessary as the
Council has already deleted residential front yard and driveway areas from the areas in which
the ordinance will be enforced. Mr. Phillips is concerned that someday everyone will forget that and
it would be enforced in such areas. It is felt by the City Manager, Police Chief and himself that
such an expansive interpretation is unlikely. A concern with the prohibition proposed by Mr.
Phillips is that is would discriminate against renters and non-owners. The Ordinance
was brought back because cases were being lost in court. It did have something to do with
the Huntington Beach case and a lot of judges in the municipal courts started examining
these ordinances. Convictions were not being made because public places were not defined. Attempts are made
to define public places consistent with State law. At Council's direction, the wording "
residential front yard areas and driveways" was deleted. The phrase "but not be limited to" is
needed for use expansively in other areas i.e. railroad tracks, and other
undefined public areas.Norm Phillips, 348 Redwood, expressed concern with the wording ''but not be limited
to" in the proposed Ordinance which defines public places. It was suggested
the wording "owner-occupied
single-family residences" be added.Carole Walters, 534 N. Shaffer Street, spoke in support of
the Police Department and their
enforcement activities in
the City.MOTION -
Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Ordinance No. 32-96 have second reading waived and be adopted
and same was passed and adopted by
the preceding vote.8.2
ORDINANCE NO. 1-97 An Ordinance of the City Council of the City of Orange amending Section 10.
14.050 of Chapter 10.14 of the Orange Municipal Code
pertaining to speed limits.The speed limits would be imposed
on the following roadways:Crawford Canyon Rd. from Chapman Ave. to
Creekside Ave. 35 MPH Crawford Canyon Rd. at Cannon St. from Creekside Ave. to San
Juan Dr.
35MPH
PAGE
CITY COUNCIL MINUTES
January 28, 1997
8. LEGAL AFFAIRS (Continued)
MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 1-97 have first reading waived and same was set for second reading by theprecedingvote.8.3
ORDINANCENO. 5-97 An
Ordinance of the City Council ofthe City of Orange amending Chapter 12.58 of the Orange MunicipalCoderelatingtoclosureofCitystreetsforspecialeventsinaccordancewiththeCaliforniaStateVehicleCode.The
Interim City Attorney explained the Ordinance utilizes the authority of the Vehicle Code to establishaproceduretocloseCitystreetsforspecialevents. The Vehicle Code in the proposed Ordinancewillrequirearesolutiondocumentingthepublicsafetyneedfortheclosure; the resolutionwillspecifythedatesandtimesintheareasaffected; it is meant to be used in conjunctionwiththeCity's special events ordinance; and it will ensure the City has the proper legalauthority. The Ordinance allows for a lot of discretion :from the City Council.MOTION -
Murphy SECOND - Alvarez
A YES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No.
5-97 have first reading waived and same was set for second reading by the precedingvote.8.4 ORDINANCE
NO. 4-97 An Ordinance
of the City Council of the City of Orange declaring the need in the City of Orange,California foranIndustrialDevelopmentAuthorityandaddingChapter2.52 tothe Orange Municipal CodeestablishingsuchanAuthority.Note: This
ordinance does not create a new elected body nor additional compensation for existing electedbodies. Establishing the Industrial Development Authority is to help facilitate economic growth.The Director
of Economic Development explained this is the first step in establishing an Industrial FinancingAuthorityfortheCity. The purpose ofthe authority is to enhance economic development byassistingindustrialbusinessesinfinancingforexpansionofoperationswhichincreasesjobsandpropertyvaluesintheCity. The Authority provides businesses access to below-marketratefinancingtofinancetheircapitalexpansion. There is no cost to the City nor areanyCityfundspledgedforthedebt. The City acts as a conduit in the financing as done with mortgagebondfinancing. In order for businesses to qualify for this type of financing, the PAGE
19
CITY COUNCIL MINUTES January 28, 1997
8. LEGAL AFFAIRS (Continued)
proposal needs to be approved by the Authority, the California Industrial Development Financing
Advisory Committee (CIDF AC) and the California Debt Limit Allocation Committee (CD LAC).
In response to Councilman Alvarez, it was indicated the money comes from private investors.
The bonds would be sold to people who buy bonds and they would invest their money in return
on their investment. Approval of the Authority allows in the future for the Authority to handle
requests from individual businesses that believe that their needs qualify under this kind of a bond
program. The collateral most of the time will come from a Letter of Credit from a bank which is
based on the income stream from the particular business. The income stream comes from the
fact that a significant expansion is being done. The first step is to form the Authority; the next
step will be for Council to decide who will serve on the Authority. Typically cities have the City
Council serve as the Authority.
MOTION - Slater SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 4-97 have first reading waived and same was set for second reading by the
preceding vote.9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL
PRESENTATIONS Adele Graves, (
address on file) thanked Councilman Alvarez for abstaining :from the discussion regarding Old
Towne Preservation Authority and the National Registry.Carole Walters,
534 N. Shaffer Street, expressed concern with guest permits and asked ifthe existing parking
permits are still in effect.The Police
Lieutenant indicated currently the Police Department is honoring permit parking from other areas
ofthe City so that a pass will be good anywhere in the City. The City Manager responded that
he would be getting together with the Police Chief and the Public Works Director to address
this issue.PAGE 20
CITY COUNCIL MINUTES
January 28, 1997
11. RECESS
The City Council recessed to a Closed Session for the following purposes:
I
i
a.
Conference with Legal Counsel - anticipated litigation.Significant exposure
to litigation pursuant to Government Code Section 54956.9(b) (onepotential case).Initiation of
litigation pursuant to Government Code Section 54956.9( c)Beanbags Plus,
Inc., et a!. vs. City of Orange, et a!., Orange County SuperiorCourtCaseNo. 75-06-34.
b. Public employment pursuant to Government Code Section 54957: City Attorney.
c. To consider and take possible action upon such other such other matters as are orallyannouncedbytheCityAttorney, City Manager, or City Council prior to such recess unlessthemotiontorecessindicatesanyofthematterswillnotbeconsideredinClosedSession.
The Interim City Attorney identified the case of significant exposure to litigation is the case ofLynnTam.
The City Council adjourned from Closed Session at 7:03 p.m.
7:00 P.M. SESSION
12.1 INVOCATION
Pastor Ed Rutherford, Orange Hills Assembly
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
12.3 ANNOUNCEMENTS - None r.
12.
4 INTRODUCTIONS - NODe 12.5
PROCLAMATIONS A proclamation
was presented to the El Modena High School Girls Cross County Team for theiraccomplishments.12.6
PRESENTATIONS - None PAGE 21
CITY COUNCIL MINUTES January 28, 1997
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT 3-96, ZONE CHANGE 1184-
96, TENTATIVE TRACT MAP 15371, MINOR SITE PLAN REVIEW 23-
96, VARIANCE 2026-96,ADMINISTRATIVE ADJUSTMENT
96-9, POLYGON COMMUNITIES, INC.:Time set for a public hearing on petition by Polygon Communities, Inc.
to consider a proposal to amend the General Plan Land Use Designation from OS-P (
Open Space Park) to Low Density
Residential 2-6 dwelling units per acre;Zone Change to reclassify the property from R-
O (Recreational-Open Space) to the
R-I-8 and R-1-10 zoning districts (residential single family);Tentative Tract Map to
subdivide a
30 acre parcel into approximately 100 lots for single family residential purposes;Variance to waive the
required 20 ft. front yard setback for residential structures on five lots,Administrative Adjustment
to allow
20% reduction in the required front yard setback on certain lots; and Minor Site Plan Review for
the creation of lots without direct access to a public street. The proposed site
is
located at the southwest corner of Hewes Avenue and Rancho Santiago Boulevard.
NOTE: Mitigated Negative Declaration 1509-96 has been prepared in accordance with
the requirements of the California Environmental
Quality Act, to address the potential environmental impacts of this project. (C2300E GPA-3-
96)The Director of Community Development presented an overview of the proposed site which has also been referred
to as the Strawberry Patch in the City of Orange. The proposed tract will have public streets and will not be
a gated community. The lots will range from 8,000 sq. ft. to 16,000 sq. ft. in size.
Approximately 40% of the tract will be in the larger lot size and the remaining 60% will be in
the 8,000 sq. ft. lot range. Hewes Avenue will be realigned and widened and
improvements will be made to Rancho Santiago Boulevard as part of the project. A
recreation trail and landscaped area is included along Rancho Santiago Boulevard. Landscaping and a 6 foot perimeter wall
is required around the entire tract. The 6 foot wall is required by a
completed sound study
which will mitigate the noise impacts of vehicles on Rancho Santiago Boulevard and Hewes Avenue.The site was purchased in
the early 1970's by the County of Orange as part of a large open-
space system along Santiago Creek and was declared surplus by the County in 1990. The County prepared a
Park Mitigation Plan to address the City's concern with the loss of open space and where
it would be relocated within the community. In the County's Plan, the funds resulting in the
sale of the property would be allocated to certain park and recreation uses, mostly within the Orange
community. It was indicated that Council may want to find that
the Plan
CITY COUNCIL MINUTES
January 28, 1997
13. PUBLIC HEARINGS (Continued)
The City Manager commented that relationships are based on mutual respect and trust. The Cityhasendeavoredineverywaytoprovideapositiveandreceptiveattitudetowardsthedeveloper,the community residents, and the County's desire to develop the parcel. The partnership hasresultedinawin/win resolution in that the County has received a reasonable price for the parcel;the community will receive the development in which they participated in the development of;and the City will receive designated dollars to be reinvested back into additional parkacquisitionsandimprovements. On December 17, 1996, the County Board of SupervisorsapprovedaParkReplacementPlantosolvethemitigationissue. The dollars received by theCountyspenttomitigatetheissuewillcomebacktobenefitthecitizensofOrange. The parcelwasoriginallypurchasedwithstategrantdollarsandwhentheparcelissold, the dollars must bereinvestedintostateapprovedpark-type uses. Dollars are set aside for the acquisitionandimprovementofparklandwithintheCity; acquisition of Barham Ranch for permanentopenspace; and to purchase open space within the City sphere, or within the canyon areas, oftheCountyof
Orange.In response to Councilman Alvarez, the City Manager explained the County's proposal fortheParkReplacementPlan. The regional park issues are targeted areas for specific purposes. In particular, Barham Ranch will help tie together Irvine Regional Park and Santiago Oaks andkeepthat500acresopenspace. It was indicated that he will be working with the CommunityServicesDirectoronprogramsfortheimprovementoracquisitionofparkland, which would bebroughtbackforCouncilapproval. The City will work with the County as the custodian of theStatefunds. The Letter of Agreement regarding the Distribution of Sale Proceeds of the HewesParcel,also known as the Strawberry Field, defines the document approved by the Board of
Supervisors.MAYOR COONTZ OPENED THE PUBLIC
HEARING.Steve Shepard, Polygon Communities, 15751 Rockfield Boulevard, Irvine, thanked staff fortheirhelpintheprocessofworkingwiththeCountyandexpressedexcitementwiththenewcommunityintheCityofOrange. Polygon Communities has attended neighborhoodmeetingsandwillcontinuetoworkwiththeneighborstoblendsomeoftheirdesiresandconcernsintotheoveralldesignofthe
community.Barbara DeNiro, (address on file), asked where Polygon Communities is located; how muchisbeingspentonparkacquisitionandforupgradingexistingparks; and expressed concern withtheuseofstategrant
monies.Lupe Hurtado, 18696 Vine Street, and owner of property at 11251 N. Church Street, expressed opposition to the proposed development; indicating the City needs more parks. He urgedtheCouncilnottovoteontheissueatthis
time.Shirley Grindle, 5021 GlenArran Lane, complimented the work done by the City Manager, City staff and the Planning Commission and pledged her support to help make the parkmitigationagreement
happen.PAGE
CITY COUNCIL MINUTES January 28, 1997
13. PUBLIC HEARINGS (Continued)
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, complimented staff and also pledged
his help to support the agreement.
Mike Ruane, Assistant County Executive Officer for Strategic Affairs, stated the mitigation
program is very fair in that the City has the discretion to identify projects that meet local needs in
addition to the open space needs. The City's help and community support will be needed on the
implementation, particularly on Barham Ranch, which is an opportunity for the approximately
500 acres currently held by the Orange School District and Serrano Water District. The parcel is
located between Irvine Park, Santiago Park, and future Weir Canyon open space. The East
Orange community has expressed in the past that it would be an asset in future years to have that
open space preserved. The County has seen the need to set-aside these lands for the future
and take the pressure off existing regional parks, some of which are in or abutting the
City.Following the Council's action, the County will pursue with the Orange School District
and Serrano Water District ownership and the acquisition of this parcel. There is currently a
legal dispute with the Serrano Water District on some grading that occurred in the parcel some
time ago. The County will be working with the Orange School District relative to their funding
needs and the need to receive what they feel is fair compensation for the
land.MAYOR COONTZ CLOSED THE PUBLIC
HEARING.The City Manager explained that no state grant money is being used for housing on this
project;the proceeds that are being paid by Polygon Communities to the County go back into
monies reserved and set-aside for the acquisition and improvement of park lands; and there
are no restrictions on dollars that are allocated specifically to be spent in the City of
Orange. The Master Plan of Parks will identify the current and future needs for the community in the
way of park land space and will be ready in a few months to present to the Council. In the
original Park Replacement Plan with the County, the proceeds are in a gross amount of
approximately $9 million; a minimum of $2 million to be used within Orange to acquire and or
improve existing parks; $2 million plus for the County to acquire Barham Ranch; and $2 million plus to be
used to buy other additional park land within the
regional area.Mayor Coontz explained the Master Plan of Parks will address the needs throughout
the school district in the City of Orange and that El Modena students in the County of Orange
will receive the same benefit as City of Orange students. In addition to the Master Plan of Parks,
there will be individual agreements with each school being focused on so that the schools sites
can be improved and facilities added as needed with City money. The Orange School
District has agreed that the Community Services Department will handle the scheduling of activities
in the parks and school grounds. One of the reasons for the County's Plan is due to
the County bankruptcy and their need to divest themselves of properties. This Council is
committed to recreation for the young people of the community. In response to Barbara DeNiro'
s inquiry,Mayor Coontz indicated the address for Polygon Communities is 15751 Rockfield
Blvd., Suite 120,
Irvine, CA.
CITY COUNCIL MINUTES January 28, 1997
13. PUBLIC HEARINGS (Continued)
Councilman Alvarez expressed concern with the City losing the opportunity for a City park andinquiredaboutthepossibilityofidentifyingaparklandsitepriortoCityapproval. The CityManagerexplainedtheproblemwiththelackofparklandintheCityofOrangehasbeenidentifiedandnotmuchaddressedovertheyears, however, this project should not be delayed inordertoidentifyanyparticularparcel, because the essence ofthe deal would not change. ThegoalsandobjectivesapprovedbytheCouncilinlastyear's budget and also anticipated for thisyear's budget is to try and resolve the park rehabilitation issue through the Joint Use Agreementandthroughtheredirectionofparkmonies. Without the City's cooperation in the program, theCountywouldnotrealizetheproceedsandthecommunitywouldnotbenefitfromagoodhousingdevelopment.
Councilman Murphy commented this provides the City an opportunity to do some good in thatmanneraswellasbenefit :from a quality housing development in an area with neighborhoodparticipationandconcurrenceintermsofdevelopmentstyle, and the developer being willing tointegratecomments :from the neighborhoods.
Mayor pro tem Slater commented he has been convinced that this project will facilitate the CitybeingabletoeventuallyacquiremorepropertyandimproveCityparks. The Council recognizestheneedformorehigh-use facilities, lighted fields, etc. Concern was expressed that onlyaminimumsixfootheightlimitationwasplacedontheperimeterwall, and not a maximumheight.He requested an opinion of the suggested verbiage "The wall shall have a height of six feetasmeasuredonHewes" and elimination of the word minimum. Appreciation was expressed toBobBennyhoffandShirleyGrindlefortheircommitmenttohelpwiththeparkland. ItwassuggestedthatCouncilgiveconsiderationtorenamingCStreet, off of RanchoSantiagoBoulevard, to Grijalva Street, as Mr. Eddie Grijalva's family used to own the
property.Steve Shepard, Polygon Communities, explained the reason for the six foot minimum ontheperimeterwallwasthatthesoundwallfromtheHewesAvenuelRanchoSantiago Boulevardsideneededtobesixfoothighforthecontinuationofthesound. There are some locations alongtheperimeterofthetract, to accommodate the grading of the site, where there are someretainingwalls. In certain locations the wall will be built on top of a shorter retaining wall, so theheightwillbeatleastsixfeet, and in some instances, a little greater. The wall has the potential ofbeingapproximately812to9feetinareaswherethewallisbuiltontopofashorterretainingwall. To help mitigate that, Polygon has included a five foot landscaping area between theright-of-way and the wall which will be fully landscaped and maintained by thehomeownersassociation. In areas where the wall will be higher, it will be softened by the landscapingandthelandscapearchitectwillbe
sensitive to that.Councilman Alvarez asked the developer if archeological items couldbeunearthedandpotentiallydelaythedevelopment. Mr. Shepard indicated he was not awareofanysignificantarcheologicalitemsonthesite. Soil investigations found that quite a bit of thesitehasbeenchurnedupwiththeremovaloftheorange
groves and
CITY COUNCIL MINUTES January 28, 1997
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Mitigated Declaration 1509-96 finding that there is no substantial evidence the project
will have a significant effect on the environment or wildlife resources; incorporating the City/
County Agreement for Park Replacement Plan Mitigation Measure; and by minute order, make
the finding that the attached agreement satisfies the mitigation measure requirement for a
Park Mitigation Plan.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve General Plan
Amendment No. 3-96 as outlined in Planning Commission Resolution No. PC-65-
96.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Zone Change
No. 1184-96 as outlined in Planning Commission Resolution No. PC-66-96.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Tentative Tract
Map No. 15371 and Minor Site Plan Review No. 23-96 as outlined in Planning Commission
Resolution No. PC-67-96.MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Variance No.
2026-96 and Administrative Adjustment No. 96-9 as outlined in Planning Commission Resolution
No. PC-68-96.MINUTE
ORDER - COUNCILMAN ALVAREZ I want
to clarify some of my comments for the record. I hope I expressed to everybody that a real priority
of mine is to make sure that we do get a replacement park. I want to echo what Councilman Slater
said to Bob Bennyhoff and Shirley Grindle that we will take you up on your vo1unteerism and
follow through on that. I want to make sure that this doesn't get lost and that a PAGE 26
1- -
CITY COUNCIL MINUTES January 28, 1997
13. PUBLIC HEARINGS (Continued)
replacement park does happen. I have every faith in our City Manager that it will, but I want the
public to know that basically we are not ignoring those east of the 55 Freeway and we will follow
through on it."
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS Bob
Bennyhoff, 10642 Morada Drive, Orange Park Acres, suggested the timing device light be turned
around so that the speakers can see it.Carole
Walters, 534 N. Shaffer Street, expressed concern that Council appointed Board members shouldrepresentallcitizensoftheCity, indicating Steve McHarris, who serves as a member of the
Design Review Board and member of the Old Towne Preservation Authority, signed the nomination
paper submitted to the State.Barbara
DeNiro, (address on file), recognized Councilman Alvarez for stepping down on the historic
issue; expressed concern with the intensity abuse in school areas and parks; and addressed
the visibility of a porta potty on California School at Cambridge Street.Mayor
Coontz directed Ms. DeNiro to the School District or the Health Department, as the City doesnothavejurisdictionoverschoolproperty.15.
RECESS The
City Council recessed at 8:25 p.m. for a continuation of the Closed Session. The City CouncilreconvenedfromClosedSessionat9:00 p.m. No action was taken.16.
ADJOURNMENT MOTION -
Murphy SECOND - Coontz
A YES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned
at 9:00 p.m.aJ~4.~d~r1-
t~:t CASSANDRA J ATHCART, CMC CITY CLERK PAGE
27 I