03-25-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 8, 1997
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 25, 1997
The City Council of the City of Orange, California convened on March 25, 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 Murphy
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz
introduced newly hired City Attorney, David A. De Berry.The City
Manager announced the newly-implemented City Employee Recognition Service
Awards Program. The following employees were recognized for their years of service
with the City: Gary Wann, Matt Miller, Amir Farahani, Lesley-Ann Walker, Mike
Przysiecki, Robert Frick, Jack McGee, Dave Rudat, Alex Varga, Tom Bevins, Velia
Balter, Jeff Guzzetta, Sally Trejo, John Waken, Doug Weeks, Stan Gabel III, Robert
Bradley, Terry Fredrick, Steven Pham, Linda Salas, and Jim Palmer
Kari Hummel, 2950 E. Shady Forest, Orange, reported on the 1997 Gogh Van Orange to
be held May 3-4, 1997 and thanked Council for their active participation and
sponsorship in past
events.1.4
PROCLAMATIONS A proclamation was presented to Erlinda Compton, Records Manager, City Clerk'
s Department, in honor of National Records and Information Management Week, March
30 through April 5,
1997.2. CONSENT
CALENDAR 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City
Council agenda of a regular meeting of March 25, 1997 at Orange Civic Center, Main
Library,Police facility at 1107 North Batavia and 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.PAGE
CITY COUNCIL MINUTES March 25, 1997
2. CONSENT CALENDAR (Continued)
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 March 7 and 11, 1997.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, February 25, 1997
Continued from March 11, 1997) and Regular Meeting, March 11, 1997.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
APPROPRIATIONS
2.5 Request Council appropriate $750.00 of the State Asset Seizure Fund 356-000-
294000 to send two Vice/Intelligence Unit Investigators to the Law Enforcement Intelligence
Unit's National Seminar. (
C2500.K)FISCAL IMPACT: The unappropriated balance of State Asset Seizure Funds
will be reduced by $750.00. There is no impact on the
General Fund.
ACTION:
Approved.CONTRACTS 2.6 Request Council award a contract in the amount of $134,960.00 to C. T. & F.,
Inc. for traffic signal improvements and installations at various locations. Bid
No. 967-02.
A2100.0 AGR-2777)FISCAL IMPACT: Total funds in the amount of$180,000 are
budgeted and approved in the Capital Improvement Program
in the following accounts:285-5032-483100-6124 (TSIP Area
C-Chapman and Esplanade) - $20,000; 285-5032-483100-6125 (TSIP Area
C-Chapman and Rancho Santiago Blvd.) - $45,000; 284-5032-483100-
6091 (TSIP Area B-Glassell and Grove) - $75,
000; 272-5032-483100-6135 (Gas Tax-
Santiago Canyon Rd. Equestrian Crossing) - $40,000.Transfer of
appropriations are required as follows:10,000 from 272-5032-483100-
6456 (Gas Tax) to 272-
5032-483100-
CITY COUNCIL MINUTES March 25, 1997
2. CONSENT CALENDAR (Continued)
ACTION: Approved transfer of funds and authorized Mayor and City Clerk to execute
on behalf of the City.
REMOVED AND HEARD SEPARATELY)
2.7 Request Council award a contract in the amount of $64,861.00 to Cairney Construction
for demolition, right-of-way clearance and building remodeling at 490 South
Main Street and 1435 West La Veta Avenue. Bid No.
967-22, SP-3077.NOTE: Mayor pro tem Slater abstained on this item due to a
recent property sale that took place within 300 feet of this
consideration. (A2100.0 AGR-2778)FISCAL IMPACT: Funds in the amount of $76,898.00
are budgeted in the following account: 272-5011-
483300-3227 (Gas
Tax-Main/La
Veta Critical Intersection).MOTION - Murphy SECOND - Alvarez
AYES - Murphy, Mayor
Coontz, Spurgeon, Alvarez ABSTAIN - Slater ACTION: Authorized Mayor and City Clerk to execute
on behalf of the City.2.8 Request Council approve a contract with Dames
and Moore, Inc. for construction inspection services for the Milford Street Storm Drain
located on Milford Street from Santiago Creek to Walnut Avenue and on Walnut Avenue
from Milford Street east to
Handy Street. (A2100.0 AGR-2779)FISCAL IMP ACT: Funds in the amount of $45,000.
00 are budgeted in the following account: 530-
5011-483400-5332 (Storm Drain - Costa Mesa Freeway).ACTION: Authorized Mayor and
City
Clerk to execute on behalf ofthe City.DRAINAGE 2.9 Request Council approve latest
updated Master Plan of Drainage (MPD) prepared by Williamson
and Schmid Consulting
Civil Engineers. (
C2500.M.
CITY COUNCIL MINUTES March 25, 1997
2. CONSENT CALENDAR (Continued)
PERMITS
2.10 Request from Robert E. Bayley Construction for a hauling permit for Phase I (demolition
work) at The City Mills project located on The City Drive. (C2500.M.20)
FISCAL IMPACT: None.
ACTION: Approved.
PERSONNEL
2.11 Request Council approve the addition of one (1) full-time and two (2) 20-
hour part-time dispatcher
positions. (C2500.K)FISCAL IMP ACT: The net impact on the General Fund would be 0 this fiscal
year as the department will utilize existing savings from within their budget for the
balance of this fiscal year. The total cost for three (3) positions is $87,621.62/yr.
with a potential overtime savings of up to $20,000.00 which would be reflected in next
fiscal year'
s proposed
budget.
ACTION: Approved.RESOLUTIONS 2.12
RESOLUTION NO. 8747 A Resolution of the City Council of the City of Orange
renaming Crawford Canyon Road, north of Chapman Avenue and Loma Street between Santiago
Canyon Road and the north city limits to Cannon Street. (S4000.
S.3.
6)ACTION: Approved.2.13
RESOLUTION NO. 8748 A Resolution of the City Council of the City of Orange upholding
the recommendation of the Planning Commission of the City of Orange and approving
the general plan classification of property situated south of the intersection of Hewes
Street and Rancho Santiago Boulevard. General Plan Amendment 3-
96; Polygon
Communities, Inc.
C2300E GPA-
CITY COUNCIL MINUTES March 25, 1997
2. CONSENT CALENDAR (Continued)
2.14 RESOLUTION NO. 8749
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and approving the subdivision of
property situated south of the intersection of Hewes Street and Rancho Santiago
Boulevard. (T4000.0 TRT-
15371)Tentative Tract 15371, Minor Site Plan Review
23-96 Polygon
Communities, Inc.
ACTION: Approved.2.15 RESOLUTION
NO. 8750 A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission of the City of Orange and granting a variance to
allow setback modification on residential lots located south of the intersection of Hewes
Street and Rancho Santiago Boulevard. (V1300.0
V AR-
2026-96)Variance
2026-96 Administrative
Adjustment 96-
9 Polygon Communities, Inc.ACTION:
Approved.2.16 RESOLUTION NO. 8751 A Resolution of the City Council of the City of Orange
renaming "C" Streetto Crest
de Ville. (
S4000.S.
3.6)ACTION: Approved.SPECIAL EVENTS 2.17 Request by Motorsport Industries to close the cul-
de-sac in the 900 block of North Enterprise Street to conduct
a car show on Saturday, April 19, 1997.FISCAL IMPACT: None. A $500 check has
been submitted as a bond to
cover any
City services that might be required.ACTION: Approved.2.18 Request from Orange Chamber of Commerce
to hold the annual Gogh Van Orange Art and Music Festival in the Downtown Plaza area
on Saturday and Sunday,
May 3
CITY COUNCIL MINUTES March 25, 1997
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None. A $12,000 check will be submitted by the Chamber of
Commerce to cover City services.
ACTION: Approved.
2.19 Request for temporary suspension of permit parking restrictions in Area A (Downtown
Area) on May 3-4, 1997 for the annual Gogh Van Orange Arts and Music
Festival.S4000.S.3.1.
2)FISCAL IMPACT:
None.ACTION:
Approved.2.20 Request Council approve the Police Running Team utilize the Police Traffic Van for
a follow vehicle in the Baker to Vegas Relay Race, April 12 and 13, 1997. (C2500.
k)FISCAL IMP ACT:
None ACTION:
Approved.URGENT
ITEM MOTION - Mayor Coontz
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
the urgent request be added to the agenda and Consent Calendar as the need to take
action arose subsequent to the posting of the agenda and there is a need for immediate action.
2.21
Requestto make the finding that the public convenience and necessity will be served by the ownership
transfer of a Type "20" Off-Sale Beer and Wine license at property located at
125 Rancho Santiago Boulevard. (P1300.0.2)ACTION:
Approved.MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Item No.2. 7
was removed and heard separately, Mayor pro tem Slater abstained. Item No. 2.21 (added
as an Urgent Item) was approved and the remainder of the Consent Calendar was approved as
recommended.END OF CONSENT CALENDAR
PAGE 6
CITY COUNCIL MINUTES March 25, 1997
3. REPORTS FROM MAYOR COONTZ
3.1 Formation of Ad Hoc Committee - Community Involvement and Outreach Program for
the 1-5 North (ORI800.1.14)
Mayor Coontz reported the purpose of the Committee is to promote better community relations
in coordination with the 1-5 Freeway widening project and determine appropriate
communication plans. The county's rapid growth has directly impacted the 1-5 and its ability to
handle the increasing number of vehicles using the freeway. A person would be available at the
City to answer questions from the community and Caltrans would have a contact person
for businesses and residents. A detailed community notification process through the
Orange Guidebook,Channel 3, and the City's new web page, would regularly inform businesses and
residents of short and long term construction activities, as well as detours and appropriate route
variances. It was indicated that Councilman Spurgeon had been ask to serve on the Ad Hoc
Committee, and that they would meet with staff, representatives ofthe businesses along the corridor
which affect the City of Orange, and the alternate routes of Orangewood and La Veta, to assure
more direct contact with the merchants, residents, Caltrans and aCTA. The Committee will sunset
as soon as the 1-
5
Project
opens.
MOTION SECOND AYES
Mayor Coontz
Spurgeon Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to establish an Ad Hoc Committee titled "Community Involvement and Outreach
Program" for the 1-5 Freeway North with participation of Mayor Coontz, Councilman
Spurgeon,and members ofthe Public Works
staff.4. REPORTS FROM
COUNCILMEMBERS 4.1 Proposal from Mayor pro tem Slater and Councilman Alvarez creating an Ad
Hoc Committee to formulate an ordinance dealing with political signs and special
event promotional signs. (ORI800.1.
15)Mayor pro tem Slater reported that the issue of temporary promotional signs, which
includes political signs, needs to be addressed with respect to health, safety and aesthetic
concerns.Councilman Alvarez indicated he and Mayor pro tem Slater will be working on the issue and
will bring a report back to the
Council.
MOTION
SECOND
AYES Slater
Alvarez Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve the creation of an Ad Hoc Committee consisting of Mayor pro tem Slater and Councilman Alvarez
to deal with the political signs and special events promotional sign issue.PAGE 7
CITY COUNCIL MINUTES March 25, 1997
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.1 Reappoint Jerry Coker to the Community Video Advisory Board (term expires
3/31/99). (ORI800.0.28)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Approved.5.2
Reappoint
the following members of the East Chapman Improvement Committee terms expire 3/
31/99):Sylvia Caigoy, Jessie
Ledesma, Nora Razo, Tom Saenz, Bob Torres, James Whitaker, Jim Hudson (Police Representative) (
ORI800.0.8.8)Mayor Coontz indicated
that Tom Saenz splits his time between the City of Orange and Michigan. Mr. Saenz
serves this committee when notified.MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Approved.6. ADMINISTRATIVE REPORTS 6.1
Report
from the Director
of Public Works on a professional services contract with Hilton Farnkopf & Hobson, LLC to conduct
a Water Rate Study (continued from March 11,1997). (A2100.0 AGR-2770)
NOTE: Mayor Coontz requested full
minutes of this item.The Director of Public Works
explained the four purposes for the Water Rate Structure Study are as follows: 1 )To ensure
fairness and equity in the rate structure for all customer classes. 2) To ensure that the rate structure
accurately reflects the actual costs of providing water service to the customer and otherwise conforms to
the spirit and intent of Proposition 218. 3) To ensure that the rate structure conforms to
urban water conservation Best Management Practices criteria. 4)To develop a Water Fund
reserve policy that, together with a review of future expenditure projections to identify revenue needs,
will facilitate rate stability and the proper planning for adequate revenue levels.The objective
ofthe study is
to develop alternative rate structures that will address these and similar issues and provide an
improved rate structure format. The scope of work for the study involves four major tasks:PAGE
8
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
1. Data Analysis which is gathering all the information on the existing operation
Review budget documents, capital improvement plans, etc. To become familiar with
the utility's operating expenses, capital costs, current revenue levels, and various
reserve funds
Identify customer classes
Review customer account and consumption history for all customers by class
analyze water usage characteristics and consumption patterns of each customer class
Review data on all private fire service connections
2. Cost Analysis and Allocation
To identify existing and projected costs to determine revenue requirements
To allocate costs to customer classes
To analyze the costs associated with pumping to various pressure zones
Analyze unique cost of service factors for outside of city customers
Analyze unique cost of service for private fire service connections
3. Develop Water Rate Structure Alternatives
Develop and evaluate refinements to the current rate structure
Develop up to five different rate structure alternatives
Develop a rate design model to test the different rate structure alternatives to verify
revenue levels and to assess how typical customers will be impacted
4. Final Report
Submit draft report for staff review
Prepare final report and present finding and recommendations to City Council
Mayor Coontz asked if it would it be necessary to make this study over and above any of the
other issues addressed, indicating that Proposition 218 addresses fairness.
The Director of Public Works indicated this is an added imperative to examine all of the City's
fee and rate structures to insure that the City is in compliance with the spirit and intent of
Proposition 218.
Councilman Spurgeon commented the report indicates that every five years the City has to
reevaluate its rate structure. Did the City hire a firm five years ago to evaluate the City's rates?
An explanation was requested on an elevation surcharge for higher pressure zones. Will people
that live in the hills pay more for water rates under this type of concept? Based on studies done
in similar cities and districts, have the rates increased, remained the same, or gone down after the
evaluations have been made?
The Director of Public Works responded rates are a part ofthe Best Management Practices that
were being referred to with respect to water conservation and compliance with the State
regulations. In-house evaluations were done for that study. Staff did not evaluate the
rate structure in-depth as this is a different scope of work and effort. With the addition
of Proposition 218 issues, the City needs consultant assistance to perform an
adequate job.
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
The higher elevation areas need to be explored. There are cost differences in pumping water
from one zone to another. The City also utilizes imported water that comes into the system at
differing elevations; 25% ofthe water used is imported water. With the present rate structure
there is a differing cost of service for differing classes of customers which is not reflected in the
current rate structure. The overall study can result in no additional costs to customers or
revenues raised. It is staff's expectation that this would be the likely outcome, given the current
revenue and expenditure flow. There may be a shifting of costs because ofthe differences in
costs of service to various classes of customers.
The City Manager reported this issue is sensitive because it deals with rates. Any taxation or rate
issue has always been extremely important to this Council and past Council's and to the citizens
of Orange. The study mayor may not result in an increase of rates. It is important to do the
water rate study, coincidence or not with the issue of Proposition 218. For example, someone
that might raise the issue of elevation charges would not want to feel as though they, at a lower
elevation, were subsidizing the rates for an individual at a higher elevation.
In preparing for the 1997/98 Budget, the Capital Improvement Program for the Water
Department reflects that a significant amount of dollars are being reinvested into the water
system. Forecasting the City's move into the 1998/99 and 1999/2000 Budget, the City finds
itself at a $200,000 deficit one year and a $300,000 deficit the following year, subsequently
rising up to an $800,000 and $1.2 million deficit. The City is closely examining its water rates to
ensure that the procedures for reinvestment in the City's infrastructure and pumping stations are
not overzealous in what is trying to be accomplished. The City of Orange does have the lowest
rates in the County and the issue needs to be brought to Council's attention.
Mayor Coontz remarked it is important to recognize that the City has several sources of water.
There are supply rates that are not determined by the City of Orange, but outside the City of
Orange. It was requested that the City's complex and unique water supply background be
included as part of the presentation from the consultant.
Councilman Murphy commented the City recently wrestled with the water rate question and a
formula was put in place that evaluated costs of service delivery which was used as an indicator
in terms of whether rates would be increased, decreased, or remain the same. A review was
requested of what is on the books and ifit indicates higher rates, lower rates, or the same rates
today.
The Water Manager indicated the formula was adopted in 1993 and was never implemented.
Council was assured it has gone up since 1993.
Mayor Coontz responded that was because ofthe Council's lack of desire to go into a utility tax
which was about the time it was presented to Council.
PAGE 10
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Councilman Spurgeon commented for the record: "As we have had these discussions in the
past in Study Sessions, and I know the Mayor and I have been here when some of these, I don't
know if Murphy had gone on the Council at that time, but I remember one time where we got
sprung with a water increase at a Study Session without any warning. Including the Director of
Public Works at the time had no warning ofthat introduction. I think our policy has always
been, at least in recent years, if we have to do what we call pass-thru rate increases, such
as Metropolitan Water comes in, and because during those drought years, and asked for an
increase in rates, and whatever percentage is that we get our water from at the time, versus pumping
other sources as you recommended. I have never had a problem as long as we can clearly justify to
our citizens that we are passing through cost wise rates that are passed us by the Metropolitan
Water for whatever percentage for the total increase of our water bill that is going to be. Ifthat
ever comes up, and we get pass-thru's like that, I have no problem addressing that, as long as
it is clearly established that is what the raise if for. I have had concerns in the past, as
the Council has, in terms of other types of what I would consider, tampering with our rate
structure, because it is the lowest, and we do have an outstanding Water Department, I think as the
Manager's
already indicated."Councilman Murphy expressed concern with a comment in the proposal which states that it
is not a legal opinion and that the study is being done on the basis of planning for the "what
ifs" of Proposition 218. An opinion was requested, from a timing standpoint, on legal
information vs.study information, to ensure that modifications or addendums would not have to be
done after the study was completed, based on Proposition 218. The City is doing investments that
need to be done to ensure the high level of water. A comment in the proposal was referred to
relative to the spirit of218. It was indicated that the citizens expect to approve or
disapprove taxes,assessments or fees imposed on them, and expect that the assessment and fees will
be fairly determined on the basis of cost
of service.The City Manager reported in going through the budget process last year, fee
inequity issues were identified in the water rate distribution or allocation methods, even prior to
discussions of Proposition 218 coming forward. It was felt that the rates should be studied at this
time. While the City is trying to be cautious, Proposition 218 is not being used as a veil to hide while
doing a rate study. The study needs to be done to keep Council informed as to whether the
current rates are adequate and are being properly assessed. With the addition of Proposition 218, it was
felt a more thorough study should be done because of the potential interpretation as to whether
it is property related or not. It was decided to get a bit more sophisticated and involve
an outside consultant in
the study.The Director of Public Works commented that it may be years before the City
has definitive guidelines to rely on with Proposition 218, which will probably come through the
process of lawsuits. Flat rates need to be looked when they apply to varying levels of
customer classes.The advise of individuals giving seminars on Proposition 218 is that there are a
number of answers to any particular issue and there are varying levels of risk that an agency
can assume.The best course of action is to identify what the options are, assess the risks, and
make decisions based on
that information.
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz asked if this proposal cover the concerns of the Council and her suggestion that
there be alternatives to Proposition 218, if Proposition 218 does not cover water issues? It is
important, of course, it is a political message, but the Council felt that we potentially were
burned in 1993 when we were surprised with some of the water proposals, and we don't want to
revisit that situation. I guess the proposal is specific in many respects, but general in others. I
think what we want to be sure of, is that if we approve this, that those things that we are most
concerned about are going to be included."
John Farnkopf, Senior Vice President, Hilton, Farnkopf & Hobson, LLC reported two provisions
specifically mentioned in Proposition 218 that cities and districts should be aware of are costs of
service allocations and any transfers to the general fund. For years these areas, both within the
public and private sector, have been carefully worked out by either the courts or regulatory
commissions. Mr. Farnkopf indicated the work he does in rate making is from metered water
systems that are not broken. Proposition 218 legislation is going to take years to get worked out.
It appears that the City should be in good shape relative to fees and charges for water and sewer
servIce.
Mayor Coontz advised that the entire Council, in a Resolution, voted to support Proposition 218
and asked for a level of confidence from Mr. Farnkopfthat he understood and that Council
would have options, Proposition 218 or no Proposition 218. Is that possible?
John Farnkopf commented it is mentioned in the proposal that they would look for five different
rate alternatives, those would be rate designs. Within those alternatives, they would be looking
at potential interpretations of Proposition 218. It would be left to Council and the City Attorney
to decide which of those interpretations is the best fit.
Councilman Spurgeon commented for the record: "I am having great difficulty here
committing $25,000 to find an innovative way, in my view, to find ways to raise the water rates
for a number of people in this city, and Ijust can't vote in good conscious. It has nothing to do
with the reputation of our City Manager or Public Works Director or our fine Water Department.
It is just a philosophical thing that I'm having difficulty coming to grips with here in terms of
innovative ways to raise the water rates, and spending $25,000 to do it. That is my opinion, and I
will be voting no on this."
Mayor pro tem Slater commented the last thing he would want is to see a rate increase come out
of this. This is an equity situation where the City might actually be encouraging people to waste
water because there might be an artificially high minimum on water charges. Perhaps it is
encouraging people to waste water which I don't like that at all. This rate structure study should
be done so that there is equity and all the citizens are charged fairly which is how I am
interpreting this.
PAGE 12
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz remarked there are elderly people in the City who have said that they did not
appreciate the base rate. A lady having financial difficulty indicated that she wasn't using her
water and wasn't watering her lawn. Quite a few similar calls have been received over a period
of time. At one time the City had talked about eliminating the base rate. It was indicated that the
City needs to think about this in a more global way.
Councilman Alvarez indicated he shares the same concerns as Councilman Spurgeon. Once the
study is completed, it is the Council's preview as to what is done with the information. The
Finance Director could assist in getting the information out to the public through the new water
billing system.
MOTION - Mayor Coontz SECOND -
Slater AYES - Slater,
Coontz, Alvarez NOES - Murphy, Spurgeon
Moved to approve a
professional services contract with Hilton Farnkopf & Hobson, LLC, in the amount of $24,660
for a Water Rate Structure Study; authorize the Mayor and City Clerk to execute on behalf of
the City; with the understanding that the City Council of the City of Orange is not interested in
achieving an increase in the water rates in the City of Orange.Councilman Murphy gave the
following minute order: "I didn't take a position one way or the other before the
vote, and I really wrested with it to the end. I still wrestle with the thought of 1) the order
of process; and 2) the fact that in past times we have done this within the organization and the investment
involved, while I am sure it will return the information required.I was just uncomfortable
with the investment level, so that was the reason for my no vote."6.2 Report from
the Director of Public Works and Director of Community Development on the City of
Orange's recommendation to the OCT A on the Corridor Major Investment Study. (OC1300.D.l)
Mayor Coontz reported that
new development in the City of Orange will dramatically impact the City's transportation capacity.
The City's charge is to help aCTA determine how the City can reduce or eliminate the
gridlock that could come with new jobs, workers, visitors and residents.The City could expand
roads and freeways; revamp the bus and shuttle system; develop technology for smart streets;
or explore urban rail. Urban rail is a fixed route, light passenger train system similar to
those in Sacramento, Portland, San Diego, or Long Beach's blue line.There are short and
long term options. All alternatives involve new financial commitments,however, ISTEA funds provided
at the federal level are available to Orange County.PAGE 13
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
aCTA has asked the City of Orange to look at seven transportation alternatives that link cities in
a corridor which extends from Southern Irvine to Fullerton, through Costa Mesa, Santa Ana,
Orange and Anaheim. Each city has a chance to offer its comments. Irvine asked that the rail
6.ADM route go along Santiago Creek; Anaheim wants the route to link up with Anaheim
Stadium and Disneyland; and the City of Santa Ana has several options that they are still
exploring. The City of Orange discussed a route that links Town and Country with St. Joseph's
Medical Center and The Mills Project. The City has been assured that their separate demands are
likely to be incorporated into one alignment, one short term and one long term, in an attempt to
satisfy all parties.
Urban rail is costly and highly subsidized. The corridor and the urban rail proposal may not be
the right option for the citizens of Orange. The City is a reluctant participant, concerned with the
total revenue commitment for the implementation and the annual operations and maintenance,
but wants to ensure that they are a beneficiary if a decision is made.
The Director of Community Development addressed a revised draft letter to aCTA which
includes recommendations incorporating the suggestions of the Mayor and the City Manager to
reflect the concerns of the City. The recommendations are as follows:
1. The City of Orange recognizes the need to look at all forms of transportation in order to
adequately plan for future growth and economic development of Orange County. The City
acknowledges that the center core of the County will be much more intensely developed by
the Year 2020 than it is today. Therefore, planning for any transportation systems, especially
light rail, needs to begin now in order to be implemented in time.
2. The City of Orange's dual recommendation on the Corridor Major Investment Study includes
Alternative 2 (Optimize use of Present System) as a means of maximizing the use ofthe
present transportation system as a short term interim solution and Alternative 5 (Rail System
Harbor/Main/Creek) as a part of Orange County's long range transportation program.3.
The recommendation for Alternative 5 includes a concern for the potential visual and environmental
impacts of light rail on the residential areas adjacent to the preferred alignment
as well as the impacts on pedestrians and drivers in the business areas through which
the rail system will pass. A further recommendation is to make the rail system as unobtrusive
to the community as possible without requiring it to become prohibitively expenSIve.
4.
The City of Orange is also concerned about the funding, and overall cost/revenue and long-term
maintenance issues related to the proposed Rail Alternatives. We understand that additional
financial information will be available responding to this concern later this year in the
June or July time period.PAGE
14
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
The above should be considered an interim recommendation from the City of Orange subject to
further review of financial information anticipated to be available from the Orange County
Transportation Authority in June of 1997.
Councilman Murphy requested a copy ofthe information be included in the aCTA's Board
Meeting on April 14, 1997.
The City Manager reported that the cities of Santa Ana and Costa Mesa will wait until late April
or May to make their recommendations. The information should be available from aCTA by
April 14, 1997. It was indicated that the cities of Fullerton, Garden Grove and Anaheim have
already made their recommendations, and the City of Orange does not want to get left out in
making a recommendation.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, urged Council to consider adding a
provision to the letter conditionally supporting the rail system providing that the City of Orange
is one of the stops or approves the route that is chosen.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to recommend
to Orange County Transportation Authority (aCTA) Alternate No.2 and an interim recommendation
or approval for Alternate No.5 subject to the June, 1997 financial information, long term
cost analysis of maintenance and operation, and transit demands at the time of final
approval. The letter to aCTA be redrafted as a stronger letter adding a provision conditionally supporting the
rail system, providing that the City of Orange is one of the stops or approves the route
that is chosen.The City Manager,
gave the following answer that was asked at the March 18, 1997 study session relating to
train systems: According to 1996 estimates, the population of San Diego County is 2.
69 million. The population of the City of San Diego is 1.1 million compared to the population of Orange
County which is 2.64 million.6.3 Report
from the Director of Public Works on the Neighborhood Parking Permit Program. (S4000.S.
3.1.2)The Director of
Public Works presented background information on the Neighborhood Parking Permit Program. The
City Traffic Commission recommended a removal policy which would be at no cost
to the proposed permit area resident. A petition would be required to be circulated by the proponents with
55% or more of all residents in the permit area supporting the removal. A hearing would be
held before the City Traffic Commission and the City Council with notification PAGE 15
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
to all affected residents; and the entire neighborhood that originally approved the permit parking
be removed. A request for reinstatement, after going through the removal process, would be
subject to the $1500 parking permit application fee and reviews would be done in response to
resident requests.
Mayor Coontz commented the report states that programs shall not be approved merely because
ofthe neighborhood density, parking supply, or high vehicle registration, indicating it is
confusing because ofthe history on East Maple, Adams, Hoover, and a few other streets in which
neighborhood parking programs were instituted due to neighborhood problems. It was suggested
that a section that states that any identified parking intrusion must be from an external source be
included with the above statement to avoid confusion.
The Director of Public Works explained the thrust is to base the determinations on two major
criteria: 1) the utilization of the parking spaces and the turnover of those parking spaces, and 2)
an overwhelming support, 95% level from the property owners for the parking permit area. It
was intended to minimize the number of applications and the successful approval of the
applications. It was clarified that the removal policy is what is proposed for adoption.
Councilman Slater suggested, in order to address the Mayor's concern, that No.1 read: "the area
must abut an institutional, commercial, industrial or multiple-family housing development
which is generating the parking intrusion," which would include a problem such as Villa Santiago
that could arise again. It was suggested that there be a $500 limit on the Implementation Policy
since no applications had been received since the $1500 parking permit application fee limit was put
in
place.MOTION - Slater
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve the Removal of a Neighborhood Parking Permit Program policy. The Implementation of
a Neighborhood Parking Permit Program policy be brought back for further reVIew.6.
4
Report from the Police Chief concerning a proposal to implement changes to the Neighborhood Parking
Permit Program. (A2500.0)The Police
Sergeant reported the proposed change would be a reflective, colorized, serialized type of
a program. The Police Department would be able to use their in-house computer database
to identify which visitor pass belongs to which area. The stickers would be given out on
a three-year basis and the plastic holders will be identified with City of Orange information.
The parking permit fee would be $3.00 for a three-year period oftime, with a pro-rated
fee for those coming into the program after it has started. It is their intention to go into
the parking permit areas of the community and set up an ad hoc community meeting where
the parking
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
permits can be sold to minimize the inconvenience to the residents. The program should be fully
operational by July 1, 1997.
Councilman Murphy suggested certain individuals that may wish to repeal the Neighborhood
Parking Permit Program should be advised that this would be a good time to start that procedure,
so they would not have to participate unless they chose to at the July 1, 1997 start-up
date.The Police Sergeant responded it is their intention to send out letters announcing their
presence in the neighborhood and Councilman Murphy's suggestion would be included in
that
announcement.Councilman Murphy suggested, with Council's concurrence, to provide participating residents
an opportunity, at their expense, to return a portion of the notification being sent out
indicating whether they support or wish to repeal the
program.Mayor Coontz suggested that the proposed agendas for the City Traffic Commission be looked
at relative to a request from East
Orange.ORDINANCE NO.
7-97 An Ordinance of the City Council of the City of Orange amending Chapter 10.30
of Title 10 of the Orange Municipal Code pertaining to
parking requirements.MOTION - Mayor
Coontz SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 7-97 be read by title only and same was set for second reading by the
preceding vote.
RESOLUTION NO. 8745
A Resolution of the City Council of the City of Orange amending and revising the Master
Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 17
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Moved that Resolution No. 8745 as introduced, be adopted and same was passed and adopted by
the preceding vote.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the requested change in procedure for the administration of the Neighborhood Parking Permit Program.
6.5 Treasurer'
s Report for the period ending February 28,1997. (C2500.F)The Finance Director
reported the Cash and Invested Balance was $113.7 million; the cash receipts exceeded cash
disbursements by $600,000; $2 million matured and was invested in the Local Agency Investment
Fund; the Local Agency Fund Balance was $13 million; the Portfolio Yield to Maturity
was 5.49%; the MarketValues were 99.25% of the book value, which was a slight decline from
January. As interest rates go up, a decline can be expected to continue. The Portfolio Average Maturity
was 1.43 years.MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to receive and file the
report.6.6 Report from Director of
Public Works on the proposed Street Tree Ordinance revisions. (A2500.0)The Director of
Public Works reported
on four goals attempted to be achieved to the Street Tree Ordinance and recommended alternatives for Council'
s consideration.Bea Herbst, 1435 E. Walnut Avenue,
expressed disappointment that Council did not want to form a Tree Advisory Committee as
was originally proposed and commented that the City of Orange is not considered a tree
friendly or an environmentally friendly City.Barbara DeNiro (address on file), addressed
various tree issues and requested a break-down of separate costs to be included
in utility charges in all areas be provided.Mayor Coontz indicated Ms. DeNiro'
s concerns would be referred to the Director of Public Works.Mayor pro tem Slater
expressed
concern with changing the current Ordinance from a misdemeanor to an infraction.PAGE
18
CITY COUNCIL MINUTES March 25, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Councilman Alvarez suggested Mayor pro tem Slater be assigned to the Committee to be
available to the Council as a direct contact. Mayor pro tem Slater concurred.
MOTION - Slater SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the following: I)Various administrative changes to reflect the transfer of the Street Tree Program
from the Community Services Department to the Public Works Department.This reassignment of
duties occurred in 1993; 2) Conformance ofthe Ordinance provisions to current street tree
management policies; 3) Amend the chapter with provision for a Staff Hearing Committee, composed of
representatives from Community Services, Community Development and the City
Manager's office, as well as a certified arborist and Mayor pro tem Slater, to review citizen concerns regarding
street trees and make appropriate findings and recommendations; and 4) That in
conjunction with the above alternatives, utilize an ad hoc or "on-call" citizens committee to
assist in preparation of the Street Tree Master Plan and development of the approved Street
Tree List. This committee would sunset upon adoption of these documents by the City
Council.6.7
Report from the City Attorney recommending approval of a professional services agreement with
Pillsbury, Madison & Sutro to represent the City in its litigation against KMPG Peat
Marwick for losses associated with the Orange County Bankruptcy. There are sufficient
funds in the legal services account no. 100-0301-426100. (A2100.0 AGR-
2765.1)
The Assistant City Attorney reported the Orange County Transportation Authority (aCTA) and
the Orange County Water District have also filed lawsuits against Peat Marwick. If approved,
litigation costs would be shared. aCTA has agreed to pay 55%; Orange County Water District
would pay 35%; and the City would pay 15%. If the matter proceeds to trial, additional funds
may have to be requested.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize
the Mayor and City Clerk to execute the amendment to the City's current contract with Pillsbury,
Madison & Sutro on behalf ofthe City.NOTE: The City
Council recessed at 6:45 p.m. and reconvened at 6:55 p.m.PAGE 19
CITY COUNCIL MINUTES March 25, 1997
7. REPORTS FROM CITY MANAGER
7.1 Report from the City Manager regarding the City's request to serve as a "pilot
project" implementing a portion of the Illegal Immigration and Immigrant Responsibility
Act of 1996. (C2500.K)
The City Manager reported on Council's direction at the March 11, 1997 meeting which a letter
was prepared to U.S. Representative Christopher Cox (40th District) inviting him to the City to
participate in a community meeting on Section 133. A Council resolution was also prepared
which would formally state Council's interest in having the City serve as a "pilot" project to
assist the I.N.S. in implementing Section 133. Pending further direction from Council, the City
Manager indicated he would await Congressman Cox's response to the invitation and continue to
ask the Orange Police Department to examine the potential costs of Orange's participation in the
process. The City Manager read the proposed Resolution No. 8757 in its entirety.
The following individuals spoke in opposition:
Jack McElroy, 1796 N. Lincoln Street
Sr. Marie Gaillac, 2075 Greengrove
Alexandro Moreno, 1600 W. Maple Avenue #76
Bob Torres, 4525 Agua Way, (letter on file in City Clerk's office)
Scott Mather, 777 S. Main Street, Development Director for St. Vincent de Paul, Director of
Institute for Conflict Management, Chair of Orange Cares, indicated information will be gathered
throughout the community to present a position on what could happen. Support was expressed
for Congressman Cox coming to the City of Orange before adoption of the Resolution. The
motion of the Orange Cares Community Board is for more studies to be done.
The following concerns were expressed:
The local police are taking on duties and jurisdictional problems of the federal government.
Division between federal and local entities.
Successful functions ofthe Police Department being destroyed.
All aspects of proposal should be considered; more in-depth
studies.Community involvement, advise and concerns be
considered.Potential for young adults becoming gang
members.Result on the community/consequences of
action.Implementation
concerns.Latino, Hispanic
involvement.Community
trust.Barbara DeNiro (address on file), spoke in support, indicating that whenever the law is
broken criminally, it needs to be dealt
with.Mayor Coontz referred to the previous meeting and the split vote, indicated she joined
the majority ofthe Council. "My questions were exactly some of the questions that have been
asked PAGE
CITY COUNCIL MINUTES March 25, 1997
7. REPORTS FROM CITY MANAGER (Continued)
about the legal ramifications and the funding process, and us picking up the costs of a federal
program. But, as I have said before, we may not agree on the process or procedure, but I thought
it was important for me to join in the last vote, because I thought we should all be on the same
page. We will have an opportunity, hopefully, to get the information that we need. I think a
number of people have expressed that, and of course, that is the way I feel. At a later date, I
think it would be a good idea, ifthe Council, each Councilmember, presented a couple of names
of your choice to put on a Committee, and that would help us. First, we need to get more
information, and hopefully people will get their questions formed, so that when we do have an
open forum with Congressman Cox, that there will be some definitive questions, and hopefully,
definitive answers."
Councilman Alvarez commented for the record: "I want to take this opportunity to clarify my
position on this resolution. I clearly understand that illegal alien crime is something that we here
in Orange can not tolerate. It is my opinion, this resolution must focus on crime suppression and
be narrowly focused at people who commit those crimes."
The following was read into the record:
I do have concerns as to what we can realistically do at this time. The generation of leaders that
sit here before you, did not create this problem of illegal immigration or alien crime. But, it is
our duty to try and resolve this potential public safety concern. As City leaders, we can explain
and propose new methods to deal with this issue, however the problem of illegal immigration
and alien crime is a matter that the Federal government has failed to resolve. Councilman
Murphy's proposition will have us leap from a Federal jurisdiction, all the way down to a City
jurisdiction in a matter of weeks. I don't believe our City is prepared to do this. I see this as a
potential intrusion by the Federal government into the rights oflocal citizens and taxpayers. If
we allow it, we are in fact going to be subject to Federal supervision thus losing local control of
our police and tax dollars while trying to resolve a massive Federal problem. I will not support
diverting any community based policing funds into this untested and un-proven Federal
program.Our own Police Chief was very clear that he did not support this program because there are
too many unknown costs, Federal requirements and red
tape.Specifically, here are my concerns, for the City
Manager:What will the cost be to our taxpayers to cooperate with the Justice Department or any
other government
agency?How will we be able to work under the supervision of the U.S. Attorney General and
what flexibility will we have in agreeing to the terms of an M.O.
U.?How will we pay for the training needed for this resolution? Are we prepared today, to
pay for this enormous expense, given our current financial
status?To what extent will this involve the City Attorney's office and what will it cost us to
develop anM.O.
U.?PAGE
CITY COUNCIL MINUTES March 25, 1997
7. REPORTS FROM CITY MANAGER (Continued)
For the Police Chief:
Do you know the type oftraining that will be required of the men and women of your
department? Will it be legal, procedural, tactical, crime suppression?
Do you know the costs and direct benefits of this law to your department?
Does this new law provide guidelines for your department? And do we have some flexibility
in this law? How narrow and strict can the law be interpreted?
Are their any safeguards set-forth in this new law that will protect the Police and the
citizens of our city? For example, protecting our individual rights as citizens. Let's not forget that
it was in our town not to long ago that a Catholic Church was raided by I.N.S. agents trying
to catch people attending church. Is that what we want to bring to Orange? I think not.
And what about the safeguards of high speed
chases?At what point does this law come into action during the arrest of a person for
criminal activity? I need the Chief to tell all of us as a community, each step that occurs from
the initial arrest, straight through to the final
disposition.Mayor and my fellow colleagues, the best position for us is to approach this conservatively
and to allow us time to get enough information to make an informed decision. The language of
this resolution should be such that it serves as the vehicle to gather information, express our
concerns and to finally know the tangible benefits to our city and to the taxpayers before we commit to
any program, pilot or otherwise. We must know this first, in order to be accountable to tax
paying citizens. I believe that the challenge for us as City leaders is to remove the barriers that
separate people in this community, we can all agree, that we must do everything we can, to protect
public safety, our homes, businesses and property. I am prepared to make a motion that the
staffbe allowed to take our concerns and comments and incorporate them into the resolution. I
would also include in this motion, that this be made available to the City Council before the
next meeting. When this item is agendized for future City Council consideration, I feel strongly
that we have public input on this
issue."Councilman Alvarez indicated he had asked the Police Department to supply him with
statistics of how many illegal criminals had been arrested and how those criminals were disposed of
that were illegal aliens. At this time, the Police Department could not provide that
information,because it is illegal for a police department to ask that. Calls of support have been received
from the community; the most vocal of those being the Hispanic and Jewish communities which
see this as a mistake for the City of
Orange.Police Captain Gene Hernandez commented there are concerns on both sides which
are extremely justified. There is no question that there is a sensitivity issue here that the
Police Department has to be extremely concerned with. The Police Department hires
intelligent,capable people that do use common sense when they apply the law. Law enforcement
has extreme latitude in the laws that are enforced. Therefore, it does require tremendous scrutiny
and oversight. No other governmental agency is more closely scrutinized than law
enforcement.PAGE
CITY COUNCIL MINUTES March 25, 1997
7. REPORTS FROM CITY MANAGER (Continued)
Currently officers are sent to sensitivity training; the Museum of Tolerance in West Hollywood.
Every sworn officer has gone through that training and was very enlightening. I would hope this
type of sensitivity reassures the Council, the community, that the Police in this City do have their
concerns at heart.
Councilman Murphy commented, "a lot of what was brought up here in terms of concerns and
open issues are incorporated into the resolution. Comments from the public in terms of trust in
the Police Department have been heard and that same trust needs to be applied. The Police
Department knows how to deal with the criminal element and how to use the tools provided to
them to do that in a professional upbeat fashion. I trust our Police Department implicitly as I
believe our entire Council does. I would not have suggested this in the first place had I not also
had input from both the Chief and individual members of the department that they wanted to
explore this more fully.
I believe it is not taking police off the street or taking things away from the police, or rebadging
them, as I think was said earlier. It is providing this tool that will help them more effectively
take criminals off the street. I think that it what we are all here trying to do. I believe, with the
language here in terms ofthe obligation assessment and the evaluation, it provides the
opportunity for additional input, and it also provides a vehicle to expedite this process, rather
than wait for someone else, hopefully, to bring the answers to us.
There is always two ways to go on any issue, I believe. One is to sit back and hope that either
another layer of government or another entity will take care of you or the other is to step forward,
state what your goal is, and then see if there is an appropriate way to go about it. If information
comes back to me that it is either cost prohibitive or there are other things fundamentally wrong,
I will be the first to say, okay, we can't implement it. But from what I have seen so far, and what
I have seen from a standpoint of the willingness and the laws that is written in Section 133, I
believe that it is an effective tool, and I think this is the approach to get the answers that we are
all looking for. And with that, deferring other comments, I would like the opportunity to make
the motion when ready."
Mayor pro tem Slater commented: "There is no doubt that racism exists in our society; racism
exists in the City of Orange. There is no denying that. But this resolution is not about race; it is
not about racism. If it was, I wouldn't just vote against it, I would run from it. I am glad that
Captain Hernandez mentioned our Police Department is required to go to the Museum of
Tolerance in Los Angeles, and I congratulate them for that. That just shows how sensitive our
Police Department is to the race issue. I think they really should be commended for that. I think
they are really on the cutting edge there. I think that this is something that will help deter crime
in our City; I think it is a tool, and it is something that I can wholeheartedly support."
Mayor Coontz commented: "I had a comment before. I said that there was some controversy.
Obviously, the train has already left the station as far as the votes are concerned on proceeding
with this resolution. I had many, many questions that are at this point unanswered. Hopefully,
when Congressman Cox comes, some of the questions will be answered, but I doubt that they all
PAGE 23
CITY COUNCIL MINUTES March 25, 1997
7. REPORTS FROM CITY MANAGER (Continued)
will. It depends on who you talk to in the Police Department as to whether there is an indication
that the department is for or against this, it is individual thought, as far as I can see. I wouldn't
wish to let anybody know that they were either for or against it. I think what they are trying to
do is respond to the wish ofthe majority ofthe Council. I do believe that we need to have some
participation from the community. We have done that before when we have controversial issues
and issues similar to this. Therefore, when Mr. Murphy is through with his motion, then I will
make a motion regarding an ad hoc advisory committee."
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved
to:Accept the
report from
the City Manager regarding the City's request to serve as a pilot project implementing a portion
of the Illegal Immigration and Immigrant Responsibility Act of 1996.Adopt Resolution
No. 8757 - "
A Resolution ofthe City Council of the City of Orange relating to Illegal Immigration and
Immigrant Responsibility Act of 1996" including word changes on file in the
City Clerk's Office.Amend the draft letter to
Congressman Cox to first request his assistance in moving this section of the Code forward
given the inference and the direction of the Resolution; solicit his assistance in terms of
piloting; request the attendance and participation at the forum; and amending the signature block so
that all those that would like to sign this particular request to the Congressman be able
to put their signature on the bottom ofthe letter. Council to review the letter before it
is sent to Congressman Cox.MOTION - Mayor Coontz SECOND - Spurgeon
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
Moved to:Form an Ad Hoc Committee made
up of
two people to be appointed by each member of the Council to work with the Police Department and
the City Attorney in the creation of questions regarding responsibility, legal implications, costs and other
issues that have been discussed.This Committee would report to the Council;
the
date of initiation will be determined at a later date when we find out when Congressman
Cox is going to come.Questions from the community should be sent to
the Council, collected, and used in Council's determinations for the MOU. Anyone would
like to participate in the Ad HoctCommittee can contact the Councilor the Mayor.PAGE 24
CITY COUNCIL MINUTES March 25, 1997
8. LEGAL AFFAIRS
8.1 ORDINANCE NO. 2-
97 An Ordinance of the City Council of the City of Orange amending Chapter 10.06 of
the Orange Municipal Code regarding the City Traffic Commission. (A2500.
0)MOTION - Slater
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 2-97 be adopted and was passed and adopted by the preceding vote.8.
2 ORDINANCE NO. 8-97
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property situated south of the
intersection of Hewes Street and Rancho Santiago Boulevard. (ZI500.0 ZCG-
1184-96)Zone
Change 1184-96
Polygon Communities, Inc.Steve Shepard, representing Polygon Communities, 15751 Rockfield, Irvine,
was present to
answer any questions.
MOTION - Spurgeon SECOND -
Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 8-97 be read by title only and same was set for second reading by
the preceding
vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 10. ORAL PRESENTATIONS - None
11. RECESS
The City Council recessed after the 7:00 p.m. Session. at 10:30 p.m. to a Closed Session for the
following purposes:
a. Public employee performance evaluation pursuant to Government Code Section
54957: City Manager.
b. To consider and take possible action upon such other matters as are orally announced
by the City Attorney, City Manager, or City Council prior to such recess unless the
motion to recess indicates any of the matters will not be considered in Closed Session.
PAGE 25
CITY COUNCIL MINUTES March 25, 1997
7:00 P.M. SESSION
NOTE: The 7:00 P.M. Session began at 7:50 P.M.
12.1 INVOCATION
Pastor David Daniel, Calvary Chapel
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
12.3 ANNOUNCEMENTS - None 12.
4 INTRODUCTIONS - None 12.5
PROCLAMATIONS - None A proclamation of
appreciation from the Edmund H. Salter Memorial Park Bench - Main Library was presented to Helen
Salter Nies.A proclamation of appreciation
from the Mary Sheffer Nies Memorial Park Bench - Main Library was presented to Boyd
A. Nies, M.D.A Certificate of Recognition was
presented to Anita Freedman.A Certificate of Recognition was
presented to Judy Sollee.12.6 PRESENTATIONS - None 12.
7 REPORTS FROM COUNCILMEMBERS Report
from Councilman Alvarez regarding the
Friends of the Orange Public Library's approval of funds for Children's
Programs and facility improvements for the Main Library (C2500.I)Councilman Alvarez reported
the Friendsof
the Library will be donating $4,525 in funds which will be used for the Children'
s Summer Reading Program; Recognition of Teenage Volunteers;and a cassette player for the
Children's Room Listening Center. Additional money is being donated to sandblast the sidewalk, the
entryway, planter wall, and various other improvements at the Main Library. Total donations amounted
to $7,744.Mayor Coontz clarified Council has not
had a presentation on the facility improvements to the Library. Approval is pending upon recommendation
by the City Manager, Director of Community Services/Library and final approval
by Council.PAGE 26
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS
13.1 ZONE CHANGE 1187-97; GENERAL PLAN AMENDMENT
1-97;AMENDMENT TO THE CHAPMAN COLLEGE SPECIFIC
PLAN; CHAPMAN UNIVERSITY (ZI500.
0 ZCG-1187-97)Time set for a public hearing to consider General Plan Amendment
1-97 to designate Orange Unified School District property as Public Facility/Quasi-
Public (College) on the General Plan Land Use Map; the revised text for the Chapman
University Specific Plan; and Zone Change 1187-97 to reclassify Orange Unified
School District property from R-4 (Multiple Family Residential) to P-I (Public
Institution District, Specific Plan); to reclassify four residential parcels on Center Street from R-
2-6 (SP) (Duplex Residential District, Specific Plan) to R-2-6 (
Duplex Residential District). The property affected is Chapman University Campus and property located west of
Glassell Street,
south of Sycamore, at 370 N. Glassell Street (Orange Unified School
District buildings).NOTE:
Environmental Impact Report 1195-89 was previously prepared and certified as complete. (SCHNo. 8712231).NOTE: Mayor pro
tem Slater regretfully
abstained from Item No. 13.1 due to a property interest near this decision.
The Planning Manager presented a brief overview of the Chapman College Specific Plan.
The proposed Third Amendment would incorporate the four acre property that was recently
acquired from the Orange Unified School District situated across Glassell Street (
former Orange Unified School District administrative headquarters), which would be used to develop
Chapman University's New Law school. Chapman University has proposed revisions to the exhibits within the Specific
Plan which would allow the law school to be constructed to a height ranging from
30-62 feet, the same limit as the existing campus. The law school
development would include a two story, three-level parking structure with approximately 800 parking spaces behind
it. Changes to the existing Specific Plan would: I)Incorporate Council's prior approval into
the Specific Plan. 2) Shift the division between academic and residential zones to the north. 3)
Allow an increase in the maximum enrollment of the University from 2500 to
4000
students and 4) Remove four University-owned residential parcels from the planning area east of Center
Street.The Specific Plan does not apply to any property which Chapman University does not own.
The City Council's prior resolutions do not allow the University to use residential parcels for any
other use unless it acquires all the residential parcels on the street,
and amends the Specific Plan to establish permitted uses and development standards. The parcels owned by
Chapman University on the east side of Center Street, which are being removed from the Specific Plan,will
now be
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
Chapman University is proposing height limits and setbacks for the eleven lots removed from the
area west of Orange Street which will be used as a parking lot. The use of the property was
originally presented as a surface parking lot; no limits were established at the time of the
amendment to include the property. The University is now considering a future parking structure
for the site.
The Planning Commission is recommending that all new height limits be established in concert
with prior City Council resolutions requiring a minimum setback of 20 feet from all public
streets; 15 feet from adjacent residential property; and 10 feet from the adjacent commercial
property.
In 1989, Environmental Impact Report 1195 was prepared to evaluate the potential
environmental impact of a Chapman College Specific Plan. The Report was updated through an
addendum prepared to include a traffic study and to provide documentation that satisfies key
mitigation measures about the loss of a building that was previously identified as being eligible
for listing on the National Register of Historic Places, the former Orange Unified School District
headquarters building.
Chapman University is proposing to retain a decorative architectural of the school building
facade and incorporate the facade within the New Law school structure. If the amendment is
approved, the University would be able to move forward with their plans to construct a law
school, a new business school, the chapel, and related parking structures under the rules of the
Specific Plan document. This would include the administrative processes of staff and design
review. Subject to the requirements contained in the City's demolition ordinance, a permit may
be issued to authorize the demolition of the former Orange Unified School District administrative
headquarters.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Dr. James Doti, 19252 Mesa Drive, Villa Park, representing Chapman University, presented the
revised Specific Plan through a slide show presentation which depicted Chapman University's
expansion plans, increase in student enrollment, economic impact, and strategic plans for the
future.
Bob Mickelson, 121 W. Rose, representing Chapman University, referred to Condition No.2 of
Planning Commission Resolution No. PC 12-97, indicating a zero setback was proposed on
the west side of the Orange Street parking lot which backs up to duplexes and commercial
property along Glassell, however, they have agreed to the 10 feet setback consistent with
previous
resolutions.Mr. Mickelson referred to Condition No.3 and distributed an exhibit to the Council of the
area.It was indicated that in order to accommodate a 100,000 square foot law school building and
to do everything possible to design around the existing facade and place a 750-800
space parking
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
structure on that site, flexibility was needed, yet they still wanted to maintain the essence of the
main campus and reflect what had gone on in the past. A 40 foot height along Glassell Street
was proposed, consistent with the existing contour on the east side of Glassell Street. The 40
foot height limit would be wrapped around to the north boundary to Olive Street, then reduced to
30 feet, because of the one-story residences. Thirty feet is proposed on the western boundary
for the same reason. A 40 feet height limit was requested on the southern boundary to create a
larger envelope to accommodate the law school. It was noted that the existing Orange Unified
School District building is 36 feet to the top plate, plus the roof. The existing building is already
over the 30 foot height. It was requested that Council approve the exhibit, as submitted, in this
area.Mr. Mickelson indicated Condition Nos. 8, 9 and 10 are
acceptable.Mayor Coontz addressed the Neighborhood Parking Permit Plan which Council approved
earlier in the evening which establishes a $3.00 permit fee for Chapman University parking Area A.
It was suggested an incentive be offered to students to retain student parking on site, rather than
on residential
streets.Mr. Mickelson referred to Condition No.5 that If those plans were to include mandatory
parking permits with commuter students, the University would accept that. Anything that would make
it work to the best degree, the University is committed to that end. Condition No.5 is
workable and there is a good relationship with the Public Works staff. Whatever incentives are
appropriate and the University will work
out.Mr. Mickelson indicated the 5 foot setbacks are required in the R-2-6 zone on the
south end of the project; there are no setbacks on the commercial zones. The plan proposes a
15 foot setback to the first height contour of 30 feet; there would be a minimum of 20
feet between structures.
Speaking in favor:Harry Hamilton, 1508 E. Candlewood Avenue, Chief Academic Officer
of Chapman University,expressed delight in the expansion plans
of Chapman University.Anne Siebert, 3405 S. Olive, representing Old Towne
Preservation Association, commended Chapman University for including the neighbors and interested groups in
their future planning process. A compromise was reached with the Chapman University to save the
facade and to incorporate the architectural features of the old Orange Unified School building
into the design of the New Law school building. The Historic Mitigation document will be an
archive for the Library. The Old Towne Preservation Association is comfortable with
future expansion of Chapman University
to the west.Jack Gray, 19132 Lomita Avenue, Yorba Park Medical Group, spoke in
support of Chapman
University's
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
Doy Henley, 14251 Mimosa Lane, Tustin, Chair of Chapman University's Relations Committee,
expressed his enthusiasm with the University's plans for the future, indicating the University
intends to continue seeking advise and input from their neighbors. The new architectural design
on the buildings will be ventilated throughout. The significance of having an historical impact
on the New Law school building is very positive.
The following people expressed their concerns:
Socorro Baca, 313 N. Center Street, asked ifher lot had been rezoned? Ms. Baca requested a
copy of the City Council meeting minutes.
Mayor Coontz responded that Ms. Baca's lot was not rezoned and referred Ms. Baca to the City
Clerk's office to obtain a copy ofthe City Council minutes.
M. J. Martini, 638 E. Walnut Avenue, spoke in opposition to the Specific Plan Amendment and
expressed concern with the Director of Community Development having power to amend the
Specific Plan with the right of appeal to the Planning Commission and the City Council.
Carole Walters, 534 N. Shaffer, commented that Chapman University has become a decent
neighbor in the past four years; expressed concern with the Director of Community Development
having the ability to amend the Specific Plan; asked where the "no parking" will be on Glassell
Street; requested the City's records on class enrollment figures at Chapman University; asked if
it is possible for traffic to enter and exit Orange Street without traveling into a residential area;
and requested that Chapman University meet with the neighbors if they have more sport
activities planned at the University.
T. J. Clark, 811 E. Chapman Avenue, referred to an article in the Los An~eles Times dated
March 25. 1997; requested that Dr. Doti or Mr. Henley from Chapman University comment on
the article; and expressed concern with the lack of notification on the proposed three-
story parking
lot.STAFF
RESPONSE The Planning Manager indicated the maximum height in residential areas is 32 feet. The
height of the Chapman University property is established by the Specific Plan; Chapman University
has requested a scale of 40-62 feet height. The parking formula exceeds the typical City'
s parking formula that would be applied to any college or university that came into town. Ms.
Baca's property on Center Street has not been rezoned for inclusion into the Specific
Plan area.Councilman Alvarez asked ifthe law school would have the same architecture of
old buildings such as Memorial Auditorium and Reeves Hall, and if the parking structure will conform
to the Old Town Design Guidelines; type of materials used on the fencing on the south
property line?
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
The Planning Manager stated that the architectural styles would have to consistent with the Old
Town design guidelines; but indicated he was unable to locate an answer to his question relative
to the wall materials at this time.
REBUTTAL
Bob Mickelson confirmed that Ms. Baca's property is not being rezoned. Three or four parcels
are being removed on the east side of Center Street from the Plan. A final copy of the Specific
Plan, as adopted, will be provided to Ms. Baca. In response to Councilman Alvarez, it was
indicated the fencing materials are directed by the Design Review Board. The law school and the
parking structure will be subject to site plan review and scrutinized. In response to Mr. Martini,
it was indicated the Director of Community Development has limited authority in amending the
Specific Plan. General administration allows limited changes, usually being a clarification of
wording, which has always been in the Plan. The Director of Community Development
previously had the authority to approve temporary or modular units for classrooms or offices,
however, the Planning Commission has required it to be part of the site plan review process.
There is a long-term program to maintain adequate parking. During the construction
period,there will be excess spaces over what is currently on the
campus.Mr. Mickelson stated for the record: "The question of downzoning continuously comes up,
and there is always someone who says, Well, didn't Chapman University have a part in
that downzoning process so that they could then expand to the west and buy the properties
less expensively. We have no knowledge that Chapman University had anything to do,
any involvement what-so-ever, in that downzoning process. My recollection of it
was that the property owners themselves up in that area, some of them proposed it, and they
had the support of Old Towne Preservation, and so on. I realize that it was quite a battle, but I do
want to state for the record that Chapman had no part of it, did not instigate it
in any way."Dr. Doti explained the Los Angeles Times article was regarding the
appointment of Parham Williams as the new dean of the law school. Mr. Williams brings 25 years of
experience as a dean at the University of Mississippi Law School and Cumberland School of
Law. The major goal of Chapman University is to attain American Bar Association (
ABA) accreditation, which would
supersede Cal-Bar accreditation.The Director of Community Development commented that his
authority is more interpretative,indicating he believes that the historic issue raised by Mr. Martini is
related to definition
of gateways or entrys.MAYOR COONTZ
CLOSED THE
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
Council comments:
Mayor Coontz commented there is an entirely different climate today in the City of Orange than
when the Specific Plan was first presented, indicating initially it was not well accepted by
Chapman representatives. Chapman University has learned to work with the community and has
created a strong partnership, not only with the immediate neighbors, but with the entire
community. They have earned the respect and trust ofthe community, partly due to the hard
work of Dr. Doty and Doy Henley. The connection between the law school site and the major
site of Chapman University is extremely important. The law students will have the opportunity
to participate in all the activities at Chapman.
Councilman Spurgeon thanked Mr. Doy Henley for his assistance in getting the law school at
Chapman University and his effort at improving the relationship between Chapman University
and community members, neighbors, and the City.
Councilman Murphy expressed his excitement with the development of Chapman University and
commended the leadership at the University for their communication with the City and the
neighbors. There will always be differences of opinions on specific issues, however, the overall
goals and objectives have been met with an appreciation ofthe neighborhood and the City.
Councilman Alvarez reported that his participation with Chapman University was more as a
businessman; indicated he sat on several committees with Mr. Martini; and commended
Chapman University for their support of the business community throughout Orange County.
Mayor Coontz recognized Carole Walters, 534 N. Shaffer, who asked how many times staffwere
at Chapman University since the Specific Plan to do student and parking counts?
The Director of Community Development responded staffwas there a few years ago; attempts
are made to do it annually; however there have not been any major construction projects recently.
An inventory will be done of classroom capacity, student enrollment, and parking as required by
the Specific Plan before the law school, business school, or chapel begins.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
to affirm that
no evidence of environmental effects or effects greater than those evaluated under Environmental Impact Report
1195-89 exist to require the preparation of a new environmental impact report (
as indicated by the Addendum).PAGE 32
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
to approve General
Plan amendment 1-97 to designate Orange Unified School District property as Public
Facility/Quasi-Public (College) on the General Plan Land Use Map as outlined in
Planning Commission Resolution No. PC-II-97.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
to approve the
revised text for the Chapman University Specific Plan as outlined in Planning Commission Resolution No.
PC-12-97; acquiesce to the request of Chapman University for the
height and setback determinations as represented on the exhibit submitted - Condition No.3; and Condition
No.5 to include a parking incentive for students to encouragement the use of Chapman University on-
site parking spaces instead of off-site parking spaces.MOTION -
Mayor Coontz SECOND - Murphy
AYES - Murphy, Mayor
Coontz, Spurgeon, Alvarez ABSENT - Slater Moved to
approve Zone Change
1187-97 as outlined in Planning Commission Resolution No.PC-13-97.NOTE:
The
City Council recessed at 9:57 p.m. and reconvened at 10:05 p.m.13.2
RESOLUTION OF NECESSITY; CONDEMN PROPERTIES AT 426-490 SOUTH MAIN
STREET Time
set for a public hearing on petition by the City of Orange to determine the necessity to condemn
real property located generally on the west side of Main Street between La Veta Avenue
and Culver Avenue, also known as 426, 440, 444, 452, 456, 460, 464, 472-490 South
Main Street and the southwest corner of Main Street and Culver Avenue. (C2500.M.14)
NOTE: Mayor pro tem Slater abstained from Item No. 13.2 due to a property sale within 300
feet of the subject property.
PAGE 33
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The Director of Public Works explained the project improvements are necessary to accommodate
existing and anticipated development and related traffic demands within the City. The
acquisition of the properties is necessary for the widening and improvement of the intersection of
Main Street and La Veta Avenue. Within a section of the existing parking lot, there are no
structures or building, and existing signs will be relocated as part ofthe street widening. An
independent appraisal was conducted ofthe subject properties and offers, which included the
value of the land taken and damages for lost parking, have been made to the property owners
which were either rejected or allowed to expire with no comment.
The property owners were provided notice of the hearing by first class mail, and pursuant to
State law, only those that file a timely written request with the City have a right to be heard at the
public hearing. Construction improvements need to begin as soon as possible. Proposed to be
acquired through the condemnation process is the owner of records fee interest in the parcels, the
owner of records reciprocal easement interest in the parcels, and an owner of records alley
easement interest in one of the parcels. The three findings the City Council must make are:
The public interest and necessity require the proposed project.
The proposed project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury and that the property described is
necessary for the proposed proj ect.
The offer required by Section 7267.2 ofthe Government Code has been made to the owner of
record.
Dennis Catron, 14732 Van Buren, Midway City, CA, spoke in favor the street expansion, but
expressed concern that the expansion does not hurt the businesses in the area. Mr. Catron spoke
for Mr and Mrs. Kim, owner of Standard Beauty Supply, expressing their concern that this
property be redeveloped as soon as possible.
Speaking in a neutral posture:
Emil Wohl, 800 S. Figueroa Street, Los Angeles, Attorney with Sullivan, Workman and Dee,
speaking on behalf of the private ownership interest of Fulton/Morton party, RichardsIMaddix
Trust party, indicated the owners do not oppose the condemnation but would like to enlarge the
scope of it. They feel the remaining property will become an uneconomic remnant of little
market value. Mr. Wohl referred to Eminent Domain Code, Section 1240.40 of the Code of
Civil Procedure. The property owners feel it would be best if the city would go forward and take
the entire piece of property.
The Interim City Attorney indicated it is the City's intent to only take the amount needed and
that the City is not in favor of a larger take. The Assistant City Attorney addressed a lawsuit on
the adjacent property that the City lost in which the City had attempted to acquire an entire
PAGE 34
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
parcel, arguing there was not an economic remnant. It was indicated, in this situation, it has been
determined that there would be an economical, viable use of the remaining property.
Emil Wohl responded that the legislative comment to Section 1240.410 states that where access
property may be taken is to be determined in light of the circumstances of the particular case,
indicating that what happened to the adjacent property is not relevant to what will happen with
this particular property.
The Interim City Attorney indicated that staff has not changed their position as to the amount of
property to be taken; the amount of compensation will be sorted out through the court system if it
can't be settled.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 8731
A Resolution of the City Council of the City of Orange declaring real property located at
426 South Main Street necessary for public purposes and authorizing the acquisition
thereof.
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
that Resolution No.
8731 as introduced, be adopted and same was passed and adopted by the preceding vote.RESOLUTION
NO. 8735 A
Resolution of the
City Council of the City of Orange declaring real property located at 440, 444 and 452
South Main Street necessary for public purposes and authorizing the acquisition thereof.MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Mayor
Coontz, Spurgeon, Alvarez
ABSENT - Slater Moved that Resolution No. 8735
as introduced, be
adopted and same was passed and adopted by the preceding vote.PAGE 35
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 8736
A Resolution of the City Council of the City of Orange declaring real property located at
456 South Main Street necessary for public purposes and authorizing the acquisition
thereof.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
that Resolution No.
8736 as introduced, be adopted and same was passed and adopted by the preceding vote.RESOLUTION
NO. 8737 A
Resolution of the
City Council of the City of Orange declaring real property located at 460 South Main Street
necessary for public purposes and authorizing the acquisition thereof.MOTION - Alvarez SECOND -
Mayor
Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater Moved that Resolution No. 8737
as introduced, be
adopted and same was passed and adopted by the preceding vote.RESOLUTION NO. 8738 A Resolution
of the City
Council of the
City of Orange declaring real property located at 464 South Main Street necessary for public purposes
and authorizing the acquisition thereof.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy,
Mayor
Coontz, Spurgeon, Alvarez ABSENT -
Slater Moved that
Resolution No. 8738 as introduced, be adopted
and same was
passed and adopted by the preceding vote.PAGE 36
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 8739
A Resolution of the City Council of the City of Orange declaring real property located at
the southwest corner of Main Street and Culver Avenue necessary for public purposes and
authorizing the acquisition thereof.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
that Resolution No.
8739 as introduced, be adopted and same was passed and adopted by the preceding vote.13.
3 ZONE CHANGE
1185-97; PARKRIDGE PARTNERS; APPLICANT: STANDARD PACIFIC OF ORANGE
COUNTY Time set for
a public hearing on petition by Parkridge Partners proposing a second revision to the Parkridge Hills Planned
Community text, to allow a modified (10 ft.-O inch minimum) front setback for single-
story residential units. This proposed revision affects Planning Units D and E Tracts 15027
and 15264) under construction east of Loma Street on Goldemod. (ZI500.0 ZCG-1185-97)
NOTE:
Environmental Impact Report 1204-88 was previously certified as having been prepared
in compliance with the California Environmental Quality Act.
Mayor Coontz announced a letter was received from Mabury Ranch Association which is
included in the agenda packet.
The Director of Community Development reported the property is zoned PC (Planned
Community) and a change is requested to the Planned Community Text which operates as a
zoning code for the project. There are approximately 209 homes within the area; and the
applicant would like up to 1/3rd or 69 units to have the 10 foot front setback. The homes would
be one-story models with a lower height; would not be overly intrusive on the street; but
would provide variety. The portion ofthe home in the normal front yard area would either be a
side swing-in type of a garage or a habitable bonus room. The driveway lengths for all of the
units is 20 feet. When the side swing-in driveway occurs, it does not face the street directly
and there is a 25-30 foot dimension from the garage to the opposite side ofthe driveway, and
an additional 1 0 feet to the street. There is adequate parking space outside the garage so
cars will
not overhang the sidewalks.MAYOR COONTZ
OPENED THE
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
Mike White, Standard Pacific of Orange County, 1565 W. MacArthur Blvd., Costa Mesa, in
response to Councilman Alvarez, indicated the single story unit will be approximately 2979
square feet; with the bonus room option the square footage would be approximately 3300 square
feet. The lots are 8000 square feet and the houses range from 2900 to 4200 square feet.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Environmental
Impact Report 1204-88 was previously certified as having been prepared in
compliance with the California Environmental Quality Act.MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Zone Change
1185-97 as outlined in Planning Commission Resolution No.PC-3-97.13.
4
ISSUANCE OF REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF ORANGE:Time set
for a public hearing on petition by the City of Orange to consider information concerning possible
issuance of revenue bonds by the Industrial Development Authority of the City of
Orange in an aggregate principal amount not to exceed $5,000,000. The proceeds from the sale
of the Bonds, if any are issued, will be loaned to Control Air Conditioning Corporation,Ellis Enterprises,
or some other related entity to finance the acquisition, construction and equipping of
an air conditioning ductwork manufacturing facility comprising two buildings consisting of
approximately 9,940 and 65,300 square feet to be located at 2176 Pacific Street.11300.0)
MAYOR COONTZ
OPENED THE PUBLIC HEARING.The Development
Specialist for Economic Development indicated this action is required by Federal law,
specifically the Tax Equity Fiscal Reform Act, often referred to as a TEFRA hearing. The
Industrial Development Authority must approve or disapprove the final financing documents prior
to the actual bond issuance. The final Industrial Development Authority meeting will
likely occur in April, 1997.MAYOR COONTZ
CLOSED THE PUBLIC HEARING.PAGE 38
CITY COUNCIL MINUTES March 25, 1997
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 8752
A Resolution of the City Council of the City of Orange approving the issuance of Revenue
Bonds by the Industrial Development Authority of the City of Orange to finance the
acquisition, construction and equipping of a manufacturing facility for Control Air
Conditioning Corporation.
MOTION -Murphy
SECOND -Mayor Coontz
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 8752 as introduced, be adopted and same was passed and adopted by
the preceding vote.
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS - None 16. ADJOURNMENT
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez The City Council recessed to
Closed Session at 10:30 p.m. (see Page 25). The City Council reconvened to Regular Session at
10:55 p.m. and adjourned to an Adjourned Regular Meeting,April 1, 1997 at 5:
00 p.m. in the Weimer Room for a Joint Study Session with the Planning Commission to discuss the 7
Year Capital Improvement Plan.CASSANDRA. ATHCART, CMC CITY CLERK
PAGE 39