04-08-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 22, 1997.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 8, 1997
The City Council of the City of Orange, California convened on April 8, 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 Linda Romero,
California State Forestry, presented the "Tree City USA" award to Al Remyn, Department
of Public Works.1.4
PROCLAMATIONS A proclamation
honoring Arbor Day was presented to Barbara Proud, Girl Scout Troop No.4,
Events Chairperson.A proclamation
honoring National Library Week - April 13-19, 1997 was presented to Gary Wann,
Director of Community Services/Library.A proclamation
was accepted by Bob Myer, President, Orange Rotary Club, for the donation of
three computers to the Orange Public Library. The following Rotarians were introduced: Bill
Cortis, Bill Way, Bob Holland and Tito Parola.A proclamation
honoring Parliamentary Month was accepted by Robert Johnson on behalf of
Orange County Parliamentarians.2. CONSENT
CALENDAR 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of April 8, 1997 at Orange Civic Center, Main Library,Police facility
at 1107 North Batavia, the Eisenhower Park Bulletin Board and summarized on
Time Warner Communications; all of said locations being in the City of Orange and
freely accessible to members of the public at least 72 hours before commencement of
said regular meeting.ACTION: Accepted
Declaration of Agenda Posting and authorized its retention as a public record
in the Office of the City Clerk.PAGE 1
CITY COUNCIL MINUTES April 8, 1997
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated March 21 and 25, 1997.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.3 Request approval of City Council Minutes, Adjourned Regular Meeting, March 18, 1997;
Regular Meeting, March 25, 1997; and Adjourned Regular Meeting, April 1, 1997.
Councilman Murphy requested the City Council Minutes, Regular Meeting, March 25,
1997, Page 16, be amended to reflect a $3.00 parking permit fee.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Mayor Slater, Coontz, Spurgeon, Alvarez ACTION: Moved to
approve City Council Minutes, Adjourned Regular Meeting, March 18, 1997; Adjourned
Regular Meeting, April 1, 1997; and City Council Minutes, Regular Meeting, March 25,
1997, as amended.2.4 Consideration
towaive reading in full of all ordinances on the Agenda.ACTION: Approved.AGREEMENTS
2.5
Request
Council approve an agreement between the City of Anaheim and the City of Orange allowing for
the construction of, connection to and discharge into a storm drain located in Imperial
Highway/Loma Street inthe City of Orange and extending 900 feet into the City
of Anaheim. (A2100.0 AGR-2785)FISCAL IMP
ACT: This storm drain was constructed as a requirement for a private development, and
dedicated to the City of Orange. System will receive periodic routine maintenance.ACTION:
Authorized
Mayor and City Clerk to execute on behalf ofthe City.BIDS 2.
6
Request Council approve plans and specifications and authorize advertising for bids for the Glassell
Street Storm Drain :from Adams Avenue to Katella Avenue (D-122).C2500.
M.17)FISCAL
IMPACT: None.ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES April 8, 1997
2. CONSENT CALENDAR (Continued)
CLAIMS
2.7 CLAIMS FOR DAMAGES FROM: (C3200.0)
a. Hala Toufic Gagich
b. MayChiu
c. Jerry Palomino
d. Mark Priegel
ACTION: Denied claims for damages and refer to City Attorney and Adjuster.
CONDITIONAL USE PERMIT
2.8 Request from Robert Setten for an extension of time to complete construction associated
with an accessory second housing unit at 282 N. Magnolia Street, approved by
Conditional Use Permit 2114-95. (C3300.0
CUP-2114-95)ACTION: Approved a one year time extension, requiring all work to
be completed by
April
8, 1998.CONTRACTS 2.9 Request Council award a contract in the amount of $326,299.
00 to Industrial Construction & Electrical, Inc. for the furnishing and installation
of electrical equipment at Well 24IWanda Collins Pump Station, Reservoir 5 Pump Station and
Villa Real Pump Station - Bid No. 967-29. (
A2100.0 AGR-2784)FISCAL IMP ACT: This project is funded in the 1996-
97
budget in the following accounts:601-
8011-484101-8116 Well 24 $
100,203.00 601-8011-
484201-8206 Wanda Collins Pump
Sta.601-8011-484201-
8220 Reservoir 5
Pump Sta.601-
8011-484201-8221
Villa Real Pump
Station 601-8011-485100-8912 Water Plant Telemetry 32,000.00 33,280.
00 100,
CITY COUNCIL MINUTES April 8, 1997
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.10 RESOLUTION NO. 8754
A Resolution of the City Council of the City of Orange fmally accepting the completion
of a certain public work improvement. (A2100.0 AGR-
2464)Bid No. 945-25, Reservoirs 9A & 10,2511,2525
N. Loma Pitt-
Des Moines,
Inc.ACTION: Approved.2.11
RESOLUTION NO. 8758 A Resolution of the City Council of the City of Orange expressing
appreciation to Robert L. Clevenger of the Orange Fire Department and commending him for
more than twenty-nine years of loyal and dedicated
service. (C2500.
H)ACTION:
Approved.SPECIAL EVENTS 2.12 Request from the Orange Chamber of Commerce to serve alcoholic
beverages for the Gogh van Orange Art and Music Festival on May 3 and 4, 1997, hours - 10:00 a.
m. to 7:00 p.m. (P1300.
0.2)FISCAL
IMPACT: None.
ACTION: Approved.
MOTION -SECOND -
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item
No. 2.3 was removed and heard separately; the City Council Minutes, Regular Meeting,
March 25, 1997, were approved as amended. The remainder ofthe Consent Calendar
was approved as recommended.END
OF CONSENT CALENDAR PAGE
4
CITY COUNCIL MINUTES April 8, 1997
3. REPORTS FROM MAYOR COONTZ
3.1 Request Resolution of Support concerning new legislation for relocation assistance.
Mayor Coontz reported that in early 1996 Council had discussions over the provision of
relocation benefits to persons displaced in the Villa Santiago apartment renovation. Because of
the City's $7.5 million assistance in the acquisition of the property, $4.5 million was set aside to
relocate 126 units. Benefits ranged from $5,000 per family to $35,000 per family -enough in
some cases to make a down payment on a new home or condo. Of particular concern were: 1)
State relocation law requires longer rental payments than that required by federal law . The state
requires 48 months, the federal government requires 42 months; and 2) Some of the recipients of
relocation benefits may not be in this country legally. Our relocation benefit consultants could
not check for that information. The ability to check would matter because displacees are entitled
to benefits regardless of residency status.
There is some progress on the horizon. First, a new state proposal, Assembly Bill 450 by
Assembly Member Torlakson, would align state law with federal law on timelines - the State would
go to 42 months from 48 months. Second, relating to relocation benefits for the undocumented,
Congressman Ron Packard has introduced HR849 which would deny federal relocation
benefits to undocumented aliens. Because Congressman Packard's bill relates only to Federal
relocation efforts, this would not directly help the City should it pursue another relocation
project. But it does set a Federal precedent which may trickle down to the State and so
it deserves our encouragement. Therefore I am asking for the Council's support of these two pieces
oflegislation - AB 450 at the State level and HR 848 at the Federal level.The Director
of Economic Development explained the City has no discretion in relocation benefit matters
as the monies come from State and Federal levels.MOTION - Mayor
Coontz SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to send support letters
to both legislators involved to encourage them to proceed and keep track of the legislation as
it moves through; and keep in contact with Congressman Packard asking what else can be
done as a City Council and community. The letters to the elected representatives be signed by all
members of the Council.3.2 Report on the
status of the Eastern Transportation Corridor and request Council support.Mayor Coontz reported on
the
permanent irrigation plans for the East Orange Interchange of the Eastern Transportation Corridor. The City
has a very strong interest in the aesthetic treatments at this location, because it is
a gateway to the western part of the City and that which will be built in the future in the Irvine
Lands. The initial landscape plan prepared by the contractor, Silverado in September, 1996, clearly showed permanent
irrigation facilities. It also showed types of PAGE 5
CITY COUNCIL MINUTES April 8, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
vegetation such as Eucalyptus and California Pepper that can not survive without permanent
irrigation. These plans were shown to the residents of Santiago Hills in meetings where both
TCA and Silverado were present. Even when Silverado claimed the permanent irrigation to be a
contractual change order, Silverado agreed to pay for half the cost. The cost of $200,000 for the
landscaping is significantly inflated by Silverado. It is estimated that TCA's share of the cost
will be $100,000. A $100,000 change order is less than one hundredth of one percent of he total
project cost. This very insignificant cost increase can make a great deal of difference in the
quality of the proj ect and minimize its visual adverse impacts for residents of Orange. Changing
plans that were already shown to the residents has serious adverse impact on TCA's public
image and community support for their project. Even the native vegetation may not survive well
without permanent irrigation. Native vegetation survives in the loose sandy soil that exists
naturally, not a 90% compacted clay type material used for 90 ft. high manufactured slopes.
Both the Aesthetics Committee and Technical Advisory Committee (TAC) have unanimously
supported the need for a permanent irrigation system at the East Orange interchange.
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Council
support a position of permanent landscaping and irrigation for the East Orange interchange of
the Eastern Transportation Corridor.4. REPORTS FROM
COUNCILMEMBERS - None 5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS 6.1
Report from the
Director of Public Works concerning the adoption of a Relocation Plan for persons displaced by
the widening of La Veta Avenue and Glassell Street.A2100.0 AGR-2589)The
Director of Public
Works reported that the widening project involves the acquisition of one owner-occupied unit, an
eight unit apartment, and two rented single-family houses, located west of Glassell
Street, which will displace twelve households. The estimated cost for relocation assistance is $
104,000; the owner-occupied units that have been in ownership for at least 180 days
are entitled up to $22,500 in subsidy for the purchase of comparable housing. Tenants of at least
90 days are entitled up to $5,250 for rental subsidy for a 48 month period. The consultants have
determined that comparable housing is available in the area to meet the needs. The relocation
benefits will be paid to eligible displaced persons upon submission of required claim forms
and documentation in accordance with City procedures; the eligibility requirements are detailed
on an individual basis. The costs cover differentials in rental prices and the acquisition of
comparable housing, moving expenses and incidental payments. There is a potential that these PAGE
6
CITY COUNCIL MINUTES April 8, 1997
6. ADMINISTRATIVE REPORTS (Continued)
amounts could be exceeded if housing cannot be found within the statutory limits for last resort
housing obligations.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt
a Relocation Plan for the relocation of persons residing on La Veta Avenue and Glassell Street who
will be displaced by street widening projects on those streets.6.2 Report
from the Director of Public Works on the removal of on-street parking on both sides
of Collins Avenue to Handy Street for the installation of left-turn lanes needed for
signalization of the intersection of Handy/Collins. (S4000.S.3.1.1)The
Director of Public Works reported the appellant has requested that this item be continued in order
to allow more time to prepare their appeal. A neighborhood meeting is also being planned that
staff members will be attending.MOTION -
Spurgeon SECOND - Murphy
AYES -Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to continue
to April 22, 1997.7. REPORTS FROM
CITY MANAGER 7.1 Report
on an agreement between the City of Orange and the Orange County Transportation Authority (OCT
A) relating to the issuance of taxi cab company licenses,taxicab driver permits
and other administrative functions. (A2100.0 AGR-2783)The Assistant
to the City Manager reported the Orange Municipal Code currently requires several administrative
reviews for taxicab operators for a fee of$37.50 per applicant and $20.00 per car.
The fee does not cover the costs of providing these services. Two taxicab companies are now licensed
in the City.The Orange
County Taxicab Administration Program (OCTAP) would shift the administrative functions to
OCT A under the direction of a City dominated steering committee; each participating agency
would have a seat on the Committee. The City of Orange would retain the right and
obligation to select companies to operate in Orange; set the number of cabs in the City;enforce violations
and refer follow-up to OCT AP. The Police Chief or his/her designee would serve
on a Public Safety Committee and the City Manager or his/her designee from each participating
city would serve on a Steering Committee to OCT AP. A Chamber of Commerce representative
appointed by the Chamber of Commerce collectively would serve on OCT AP.PAGE
7
CITY COUNCIL MINUTES April 8, 1997
7. REPORTS FROM CITY MANAGER (Continued)
The cities that have approved the agreement include: Buena Park, Costa Mesa, Fountain Valley,
Fullerton, Huntington Beach, Laguna Niguel, La Palma, Newport Beach, Villa Park and Yorba
Linda. On the Council docket with staff recommending approval are the cities of Anaheim,
Brea, Garden Grove, Irvine, La Habra, Santa Ana and the County. The cost ofthe program
would be one full-time position at aCTA in charge of the entire administrative function and
the associated fees would pay for that individuals salary. An independent consultant would report
to the steering committee to set the fees. Taxicab certification has been a revenue looser for
the City and the functions could be shifted to OCT A to handle the administrative process
more effectively. There is language in the agreement in terms oflegal issues, i.e. safety
requirements,insurance, and the qualification type
process.Carole Walters, 534 N. Shaffer, asked if residents have complaints concerning taxicab
service,who do they go to; expressed disappointment with aCTA's treatment of residents; and
indicated she supports the proposal with the City Manager's
backing.The City Manager responded that aCTA would be the agency of control and would do
the follow-up. The City would be a part ofthe regulatory agency from the City Manager'
s office and the
Police Department.Mayor Coontz suggested the procedure for complaints on taxicab service be spread
through the Police Department, the City Council and City Manager'
s
office.
MOTION
SECOND AYES Mayor
Coontz Spurgeon
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to:Support
the aCTA Program as outlined by the City Manager with the stipulation that the City
find out from aCTA what their procedures and policies will be in regards to complaints and
report back to the City Approve
the attached Inter-Agency Agreement (effective July 1, 1997) between the City of
Orange and the Orange County Transportation Authority (aCTA) relating to the Orange
County Taxi Administration program (OCT AP)
Designate the City Manager (or his designee) as the City's appointee to the OCTAP Steering
Committee
Designate the Police Chief (or his designee) as the City's appointee to the OCT AP Public
Safety Committee
Authorize the Mayor and City Clerk, on behalf of the City of Orange, to execute the OCT AP
Inter-Agency
Agreement.PAGE
CITY COUNCIL MINUTES April 8, 1997
8. LEGAL AFFAIRS
8.1 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. (A2500.
0)Carole Walters, 534 N. Shaffer, requested clarification on the guest permit usage for
Parking Permit Area A and expressed dissatisfaction with the Police Department's new procedure
which allows guest permits to be used throughout Parking Permit Area
A.The Police Captain responded the five guest permits per household allows a guest in
the designated area to park other than directly in front of the home. The designated area would
be the boundaries of the permitted area, which would be a four or five block radius. Five guest
and two resident parking permits would be given to each household for three years based on what
the past practice had
been.In response to Mayor pro tem Slater, the Director of Public Works indicated the
Implementation Policy could be scheduled for the July 8, 1997 Council
meeting.Mayor Coontz commented that clarification is needed on the Neighborhood Parking
Permit Program and the Removal and Implementation
Program.Councilman Murphy suggested the option of personalizing the guest permits in Parking
Permit Area A; commented Area A has unique challenges with Chapman University and Orange
High School; and expressed concern that guest permits may be used in order to gain closer parking
to special
events.Mayor Coontz stated that when parking permits were handled through the Traffic Division of
the Public Works Department, parking permits for special events were purchased
separately.The City Manager commented the overall concern of residents had been the counterfeiting
of parking permits. The new system will remedy counterfeiting through permit color coding
and serialization. The Police Department has taken over the parking permit program because of
their availability to the public to obtain the permits and because they do the
enforcement.
MOTION
SECOND
AYES Slater
Spurgeon Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 7-97 be adopted and same was passed and adopted by the preceding vote;
the Police Department look at the issues discussed and how best to address them; and a report
be brought back in one year for review ofthe success of the program.PAGE
9
CITY COUNCIL MINUTES April 8, 1997
8. LEGAL AFFAIRS (Continued)
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.
MOTION SECOND
AYES Spurgeon
Murphy Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 8-97 be adopted and same was passed and adopted by the
preceding
vote.8.3 ORDINANCE NO.
9-97 An Ordinance of the City Council of the City of Orange upholding the
recommendation of the Planning Commission and approving amendment to the Serrano Heights
Specific Plan upon property located northeast ofthe easterly terminus of Serrano Avenue. (
ZI500.
0 ZCG-1183-96)Zone Change 1183-96, California
Quartet,
A
California
Limited Partnership
MOTION SECOND
AYES Slater Coontz Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Ordinance No. 9-97 be read by title only and same was set for second
reading by
the preceding vote.8.4
ORDINANCE NO. 10-97 An Ordinance of the City Council of the City of Orange
approving second amendment to Development Agreement No. 1-88 between the City of
Orange and California Quartet, a California Limited Partnership,
as successor-in-interestto
Woodcrest
Development,
Incorporated. (
A2100.0
AGR-1416.
2)MOTION SECOND AYES Murphy Coontz Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 10-97 be read by title only and same
was set for
second reading
CITY COUNCIL MINUTES April 8, 1997
8. LEGAL AFFAIRS (Continued)
8.5 ORDINANCE NO. 11-
97 An Ordinance of the City Council of the City of Orange amending Section 12.12.060
and deleting Section 12.12.070 of the Orange Municipal Code regarding maintenance
and repair of sidewalks, bikeways, curbs and gutters and trails. (A2500.
0)MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 11-97 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 Barbara
DeNiro, (address on file), expressed concerns with the Street Tree Ordinance revisions and
the A-frame signs on public sidewalks; asked if the portable advertising week-end signs
on private property at the northwest corner of Tustin and Collins are an allowed use in the
updated sign ordinance; expressed concern with the three metal power poles recently erected
at Cambridge and Katella; and asked when the City will be open five days a
week?The City Manager indicated a written response would be provided to Ms. DeNiro. At the
budget session, a presentation will be made to Council on what the City can fiscally afford in terms
of the furlough and a 40-hr.
work week.The Director of Public Works reported the poles at Cambridge and Katella
are Southern California Edison (SCE) transmission lines which the City does
not regulate.Carole Walters, 534 N. Shaffer, asked if Chapman University made an agreement
with the residents on Orange Street; requested a meeting with two City Councilmembers, a
trustee from Chapman University, and the neighbors; and suggested the City look into signs
for "barbershop parking only" on
Glassell Street.Mayor Coontz requested the City Manager investigate the process and advised Ms.
Walters that she would be accommodated with Chapman University being in on the issue, once
the process has been determined. The issue of parking on Glassell Street was not part of Council'
s action taken at the March 25, 1997 Chapman University
Public Hearing.
CITY COUNCIL MINUTES April 8, 1997
11. RECESS
The City Council recessed at 6:08 p.m. to a Closed Session for the following purposes:
a. Conference with Labor negotiator pursuant to Section 54957.6; Negotiator: Personnel
Director - Relating to terms of employment for non-safety employees.
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
NOTE: Mayor Coontz arrived at 7:10 p.m.
12.1 INVOCATION
Pastor Larry Powers, Plaza Bible Church
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
12.3 ANNOUNCEMENTS
Mayor Coontz announced the Eastern Transportation Corridor meeting on Thursday,
April 10, 1997 at 9:30 a.m. in the City of Santa Ana Council Chambers.
12.4 INTRODUCTIONS - None 12.
5 PROCLAMATIONS A
proclamation was presented to Vera Melkumyan, distinguished finalist of the Prudential
Spirit of Community Awards 12.
6 PRESENTATIONS - None 13. PUBLIC
HEARINGS 13.1
PROPERTY ACQUISITION BY EMINENT DOMAIN, LOMA STREET AND 454 SOUTH GLASSELL
STREET, CITY OF ORANGE: (C2500.M.14)Time set
for a public hearing on petition by the City of Orange to acquire the following properties by
eminent domain: Loma Street, north of Santiago Canyon Road, Sully Miller Contracting Company;
and 454 South Glassell Street, Dr. Robert F. Ruper The Assistant
City Attorney reported State law provides a specific hearing procedure for condemnation action.
All property owners were provided notice by the City and only those PAGE 12
CITY COUNCIL MINUTES April 8, 1997
13. PUBLIC HEARINGS (Continued)
persons who filed a written request to be heard prior to the hearing (15 days) are entitled to be
heard by the Council. The City has received no requests to be heard, therefore, no public
testimony is required nor is it necessary by State law.
The Director of Public Works reported the acquisition of the right-of-way is necessary
to widen the bridge on Cannon Street over the Santiago Canyon wash and to widen the approach
roads to the bridge, on the south side from Santiago Canyon Road, and the north side
from Lexington Avenue. Requested for acquisition is a 30-foot wide street and highway
easement, a 26-foot wide slope easement, and a 30-foot wide temporary construction easement
for a period of 12-months. The project is funded under the City's Gas
Tax Funding Program. Construction is expected to commence in the summer of this year. The findings that
the City Council must make pursuant to State law are: a) the public interest and necessity require
the proposed project; b) 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; c) the property
described is necessary for the proposed project; and d) the offer required by Section 7267.2 of
the Government Code has been made
to the owner
of record.RESOLUTION NO. 8756 A Resolution of the City Council of the City of
Orange declaring real property located adjacent to Cannon Street, formerly known as Loma
Street, north of Santiago Canyon Road necessary for public purposes and
authorizing
the acquisition thereof (
bridge widening).MOTION -
Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Resolution No. 8756 as introduced, be adopted and same was passed and
adopted by the
preceding vote.RESOLUTION
NO. 8755 A Resolution of the City Council of the City of Orange declaring real property
located at 454 South Glassell Street necessary for public purposes and authorizing
the acquisition thereof (
street widening).MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Resolution No. 8755 as introduced, be adopted and same was passed and adopted by the
preceding vote.PAGE
13
CITY COUNCIL MINUTES April 8, 1997
13. PUBLIC HEARINGS (Continued)
Dr. Robert F. Ruper, 454 S. Glassell, indicated he has had discussions with Associate Planner
Jim Donovan and Mr. McNamara, an attorney from the City, since receiving the City's letter.
The Assistant City Attorney replied there are on-going negotiations with Dr. Ruper
and Council's action does not preclude those discussions from
ongoing.13.2 TENTATIVE TRACT MAP 15398, PULTE HOME
CORPORATION:Time set for a public hearing on petition by Adams Streeter Civil Engineers, Inc. on behalf
of Pulte Home Corporation, to consider a proposal to subdivide an 11 acre parcel consisting of
100 lots, including 97 lots for detached single family homes and three small remnant parcels that
will be dedicated to the City and made part of the assessment district. The proposed subdivision
and development are subject to, and in compliance with the provisions of the Upper Peters
Canyon Specific Plan. The project is located at the northeast corner of Canyon View Avenue and
White Oak Ridge in Santiago Hills. (T4000.0
TTM-15398)NOTE: Environmental Impact Report 868 was previously certified for the overall
Santiago Hills Development, including this
project site.The Director of Community Development presented a brief overview of the project.
The General Plan designation for the proposed tract is Low-Medium Density Residential;
6-15 dwelling units per acre. The zoning is PC (Planned Community) and is covered under
the Upper Peter's Canyon Specific Plan. The lots would be a minimum of 3,000 square foot
each, averaging 3,554 square feet. The density ofthe project is 8.8 dwelling units per acre.
The three small remnant lots will be used for perimeter landscaping and access to the
greenbelt. No Homeowner's Association is proposed as part ofthe tract. The homes will
be 2-story, approximately 1400-1600 square feet with two-car garages, 18 foot driveways, and will
have 93 spaces in the public street within the tract for additional parking. There will
be landscaping on the perimeters with block walls or
open fencing adjacent to the paseos.Mayor Coontz stated that correspondence
was received from Planning Commissioner Toni Carlton and a response to her questions from the
Director of Community
Development as a matter of record.
MAYOR COONTZ OPENED THE PUBLIC HEARING.Peggy Tabas, Pulte Home Corporation, 15101 Red
Hills Avenue, Tustin, described the proposed tract, indicating that Pulte Home Corporation has been
working with the City and
the neighborhood which surrounds the project.Bob Bennyhoff, 10642 Morada
Drive, representing Orange Park Acres Homeowners Association, expressed support ofthe plan but disappointment in the 3,
000 sq. ft. lots and
no recreational
CITY COUNCIL MINUTES April 8, 1997
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that EIR
868 was previously certified for the overall Santiago Hills development,including this project
site.MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to approve Tentative Tract Map
15398 as outlined in Planning Commission Resolution No. PC-5-97.COUNCILMAN ALVAREZ -
MINUTE ORDER
I just want to disclose,
Mayor, that I had participated in the neighborhood meeting that Pulte had sponsored. I really wanted
to commend them for taking the time out to do that and meet with the neighborhood; I thought
was good of them. The plan reflected a lot of the comments that the existing homeowners shared
with them; I thought that was a real benefit to Pulte and we look forward to them building
a nice product."Mayor Coontz added that this
is the last of the properties in Santiago Hills Specific Plan. The City is waiting for The
Irvine Company to come back with a development east of the Transportation Corridor.13.3 ORDINANCE
AMENDMENT 3-
96: CITY OF ORANGE:Time set for a
public hearing on petition by the City of Orange to consider a proposal to amend Title 17 of the
Orange Municipal Code to make minor changes in the zoning Ordinance and to correct omissions that occurred
with the comprehensive update of the ordinance adopted in 1995.A2500.0)NOTE: This
amendment is
categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
per Section 15305 of the State CEQA Guidelines.The Director of Community
Development reported Ordinance Amendment 3-96 has been proposed to amend
various section of the Zoning Ordinance; it corrects inadvertent omissions and inconsistencies, and
proposes minor changes to address certain issues that are not covered by the current Ordinance.
Specifically, code sections addressed in this amendment include:PAGE 15
CITY COUNCIL MINUTES April 8, 1997
13. PUBLIC HEARINGS (Continued)
Chapter 17.04
Chapter 17.08
Chapter 17.10
Chapter 17.12
Chapter 17.14
Chapter 17.18
Chapter 17.20
Chapter 17.22
Chapter 17.24
Chapter 17.3 0
Definitions, regarding recycling terms
General Administrative Procedures, regarding mailing list preparation
Specific Administrative Procedures, regarding revocation of conditional
use permits, mitigation monitoring, automobile service stations
General Regulations, regarding setback requirements
Residential Districts, regarding setback requirements, family day care
homes, fence provisions
Commercial Districts, regarding drive through restaurants, setback
requirements, fence provisions, entertainment
Industrial Districts, regarding fence provisions and drive through
restaurants
Agricultural and Open Space Districts, regarding fence provisions
Public Institution District, regarding fence provisions
Special Use Regulations, regarding automobile service stations
It was indicated that items to be addressed in the future include the Major and Minor Site Review
Process, which will be brought to the Planning Commission within 60 days. Shortly following,
an Ordinance Amendment will be prepared which will include suggestions that the Council and
others have made in going through the process. Items on the list for discussion include:
1) Chain link fencing city-
wide 2) Concerns over barbed and razor wire in commercial and residential
settings 3) Requirement concerning the amount of paving allowed in front yard
areas Mayor Coontz requested a comfort level on the notification process and asked if at this time
the Minor Site Plan Review includes looking at adjoining
properties.The Director of Community Development indicated the City's notification process requires
a mailing list of property owner's to be supplied by the applicant from a title company. It is
being proposed that these mailing lists come from a different source and not specifically from a
title company. The lists are reviewed by senior staff to insure that all properties within the radius
are included. The site plan is looked at in context with what is around it, from a site
planning perspective, i.e. where driveways are, access points, trash collection, and a variety
ofthings.Mayor Coontz addressed the following questions and
concerns:Permanent landscaping in residential
areas Tracts with fences and walls that have not been
replaced Enriched paving on pedestrian walkways in commercial
districts The Director of Community Development responded that the provisions of landscaping in
front yard areas was added in when it was updated a year ago, and the City has the ability to
address that issue if someone does not have a landscaped front yard area. Conditions written in
past PAGE
CITY COUNCIL MINUTES April 8, 1997
13. PUBLIC HEARINGS (Continued)
years do not have strong enough language to cause a fence or wall to be rebuilt at a later date and
time on tracts that were originally built with fencing,. Most walls are built on private property
and there is not a code requirement for a fence around a residential parcel, unless it has a pool.
The enriched paving is mentioned in the proposal in connection with drive-throughs.
The Ordinance is trying to distinguish between walkways and the drive-throughs to create
a safer situation. There are many alternatives a project designer could use. Entryway's would
be looked at by the Staff Review Committee and the Design
Review Board.Mayor pro tem Slater requested the Planning Commission also consider
the following:Roof-
mounted satellite dishes
Roof-mounted solar collectors Carole Walters, 534 N. Shaffer, requested better wording on what
is considered
landscaping in front yards.Corinne Schreck, 446 N. James, suggested that items having to do with
the historic districts be postponed until the historic districts are figured out and what districts
would fall under what guidelines; indicated that the proposed National Historic District is still
at the State level;suggested people be given an opportunity to understand historic
district standards and guidelines;asked if an Environmental Impact Report (EIR) is needed when making a
change to the rear facade of a building in the Old Towne Historic District; asked if
the CEQA requirements are standard throughout the State and applied in the same way at the city and
State levels and asked what the cumulative effect and cost would be for a room addition and bath
in the Old Towne Historic District if
an EIR is required?The Director of Community Development stated that staff is currently in
the process of putting together a report of changes which may be needed as a result ofthe
recent historic district listing and what changes would need to be made to the environmental review
process. All cities and jurisdictions in the State of California must comply with CEQA. All
cities do not interpret CEQA the same way; there is a great deal of difference between cities
because some cities have greater concerns in certain areas than others. The City has not determined if or
when an EIR will be required for development activities in Old Towne which have not required an
EIR in the past.It is likely an EIR would be required in the demolition of historic facilities.
It is not anticipated that an EIR would be required for the addition of a bedroom or bathroom to
the rear of a residential structure, nor, if it were required, the cost is not known. These
questions do not have an affect on the Planning Commission's recommendation to proceed with
the Old Towne Design Guidelines being considered by
Council at this meeting.Mayor pro tem Slater reported Chapman University requested the
application for the National Historic District listing be held back for a week because they had some
questions about it. Old Towne Preservation Association wanted to make sure it was perfect before
it was forwarded to National Register Listing. The application has been formally
approved by
CITY COUNCIL MINUTES April 8, 1997
13. PUBLIC HEARINGS (Continued)
Historical Commission and it is now listed on the State Register of Historic Places. All CEQA
laws do apply.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that this
amendment is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) per Section 15305 of the State CEQA Guidelines MOTION - Mayor Coontz
SECOND - Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to approve Ordinance Amendment 3-
96 as outlined in Planning Commission Resolution No. PC-I-97 with
the consideration of following through on the list of issues recommended by the Planning Commission,
the list of issues recommended by the City Council, and a change in the wording for
the landscaping section to iterate the fact that we are not talking about what the landscaping looks like,
we just expect the front yard to have something there other than dirt or weeds.14. PLANNING
AND
ENVIRONMENT 14.1 Report
from Public Works Director on the findings of the six month trial report for the TustinITaft-Briardale
intersection. (S4000.SA)The Director
of Public Works presented a brief history of the findings ofthe six-month study at the
Tustin/Taft-Briardale intersection. The Traffic Commission recommends that the present
restrictions be established on a permanent basis. A brief summary ofthe changes and/or impacts
to the neighborhood are as follows:
24-Hour Volumes The residential neighborhood streets generally have shown
significant reductions in traffic volumes as a result of the
restrictions.Peak Hour Turn Counts/Throu~h Trips - A significant reduction in peak hour turn
movements at the intersection of Briardale Ave. and Lincoln St. reflects the elimination of
almost all through trips shortcutting through the neighborhood.
Speedin~ Issues - Since the restrictions have been in place and most through trips eliminated,a
significant reduction in traffic speeds in the neighborhood has occurred.Traffic
Safety - No significant change in accident patterns in the neighborhood has been observed.PAGE
18
CITY COUNCIL MINUTES April 8, 1997
14. PLANNING AND ENVIRONMENT (Continued)
Commercial Centers Trip Activity - Apparently, traffic using the commercial centers via the driveways
on Briardale Ave. has decreased slightly, including trips which would not be affected
by the east-west through trip prohibition. No significant amount of traffic cutting
through the commercial parking lots to bypass the restrictions was observed.
No significant changes in traffic characteristics on Tustin Street were observed. Based on
response from the area residents, it appears that the implemented restrictions are acceptable to the
majority of residents. Several tenants and/or owners of the commercial centers have expressed
concern claiming a loss of business due to the restrictions. Before and after studies, field
observations and public input indicate minimal adverse impacts that might have resulted from
these restrictions, and the benefits to the community far outweigh any potential minor
inconveniences to a few motorists.
Mayor Coontz reported recent letters were received from Jean Hackmann, 1502 East Briardale,
and KRB Properties, Inc., property manager for Clock Tower Center. (Letters on file in the City
Clerk's office)
The following people spoke in favor:
Vera Mater, 1774 N. Lincoln Street
Tom Bui, 1538 E. Briardale
Jack McElroy, 179 N. Lincoln Street
Paul Srigley, 1820 N. Lincoln Street
Candi Chavez, 1602 E. BriardaleLois Oliver, 1832 N. Lincoln Street
The following people spoke in opposition:
John Tighe, 6227 Rocking Horse
DeAnna Olsen, 1879 Nordic Place
Kayla Lawrence, 1112 So. Bedford Drive, #102, Los Angeles
Rene Berger, 1800 N. Tustin Avenue
Fariba Fannyan, 1812 N. Tustin
The Director of Public Works explained the various alternatives that were considered in the
study. Mayor Coontz and Council Members commented in favor of the permanent restrictions.
PAGE 19
CITY COUNCIL MINUTES April 8, 1997
14. PLANNING AND ENVIRONMENT (Continued)
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the findings of the staff report and make the east-west through movement restrictions at
the intersection of Tustin/Taft-Briardale permanent. The Director of Public Works to
look into the comments addressed concerning the bus bay issue and explore the alternatives from
a safety perspective.15.
ORAL PRESENTATIONS Carole
Walters, 534 N. Shaffer, asked how many times a year the City is going to close the Plaza and
requested a copy of the duties of the Mayor and the City Council.The
City Manager indicated a report will be presented to Council within the next month or so.Mayor
Coontz indicated the City Manager will provide Ms. Walters with a copy of the City's ordinance.
16.
ADJOURNMENT MOTION -
Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez The City Council adjourned
at 8:55 p.m. to an Adjourned Regular Meeting, April 15, 1997 at 5 :00 p.m.
in the Weimer Room regarding the 1997/98 Budget.Adkt~CASSANDRA . ATHCART, CMC
CITYCLERKPAGE 20