02-27-1996 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 27, 1996
The City Council of the City of Orange, California convened on February 27, 1996 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 Spurgeon
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting -
February 13, 1996.MOTION - Barrera SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater ACTION: Approved.1.4 PRESENTATIONSI ANNOUNCEMENTSI
INTRODUCTIONS a.
Presentation of Certificate of Recognition
honoring the City of Orange's Employee Trip Reduction Program on the 5th Anniversary
of the Employee Ride Share Program was continued to a later time.b.
The Orange Historic Afghan was
presented to the City Council by Adrienne Gladson,President of the Orange Community Historical
Society.c. A Certificate of Appreciation was
presented to Shannon Tucker, President of the Old Towne Preservation Association for their participation
in the Tree Lighting Ceremony &Candlelight Choir Procession in the Plaza.
1.5 PROCLAMATIONS - None 2. CONSENT
CALENDAR 2.1 Declaration of
City Clerk Cassandra
1. Cathcart declaring posting of City Council agenda of a regular meeting of February 27,
1996, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the
Eisenhower Park Bulletin Board; 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 1
CITY COUNCIL MINUTES February 27, 1996
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.
APPROVE WARRANTS
2.2 Request Council confirmation of warrant registers dated February 9 and 13, 1996.
ACTION: Approved.
AGREEMENTSffiID~CONTRACTS
2.3 Request Council authorize the award of Bid Number 956-25, Yorba and Handy Park
Ball Field Fencing, to Orange Coast Fencing, Anaheim, CA, in the amount of $18,404
and reject all other bids. (A2100.0.Agr.
2553)FISCAL IMPACT: Sufficient funds have been allocated in Fund
510-7021-485100-0085 park
Field and Facility Restorations).ACTION: Authorized the Mayor and City Clerk to execute on
behalf of the City.2.4 Request Council award Bid No. 956-24 in the amount of $
499,880.34 to Copp Contracting Inc. of 12507 South Carmenita Road,
Whittier and authorize $575,000 including contingencies for the project
budget. (A2100.0.Agr.2554)FISCAL IMP ACT: Funds are budgeted in
the Capital Improvement Program and
available in the following accounts:262-5021-483300-
3112 (Measure M Arterial St. Maintenance) $100,000
262-5021-483300-3120 (Measure M Street Maintenance) $
400,000.00 540-5011-485100-9609 (Municipal Parking Lots & Rehabilitation) $200,000.
00.
ACTION: Authorized Mayor and City Clerk to execute
on behalf of
the City.CLAIMS
2.5 CLAIMS FOR
DAMAGES FROM:C3200.
0)a. Sandi Clark b.
Mohammad Daulatzai c.
James EichmanlEmpire Plumbing d. Eduardo Esquivel e. Stu and Diana
Livingstone FISCAL
CITY COUNCIL MINUTES February 27, 1996
2. CONSENT CALENDAR (Continued)
PARCEL MAP
2.6 Request Council approve Parcel Map No. 95-108 and accept dedication of portions
of Meats Avenue and Tustin Street. Location: Northwest corner of Tustin Street and
Meats Avenue, Orange Mall Development Associates. Applicant is ready for Final Map
approval by the City Council. (C2500.M.16.
2)FISCAL IMPACT:
None.ACTION:
Approved.
PERSONNEL 2.7 Request Council approve (1) amending position control converting 20 part-
time seasonal to permanent part-time Community Service Leader positions, and (2)
adjusting the Fiscal Year 1995/96 Budget using salary savings in the amount of $61,000 to
off-set salary and
benefit costs. (C25oo.N)FISCAL IMPACT: Salary savings are budgeted in
the following accounts: 100-7001-411102-$14,000 (Salaries and Benefits); 100-
7016-
411102 - $47,
000 (Salaries
and Benefits).ACTION: Approved.PROPERTY NOTICE 2.8 Request from the County of Orange to waive the
required 60-day notice to lease the building at 226 Carleton Avenuein the City of
Orange for office/warehouse space for its Commissary Operations and Food
Services Units. (A2100.0.
Agr. 1678.
1)
FISCAL IMP ACT: None.ACTION:
Approved.RESOLUTIONS 2.9 RESOLUTION NO. 8589 A Resolution ofthe City Council of the City
of Orange finally accepting the completion of a certain public work and improvement; Bid
No. 945-34, modification of the traffic signal at the intersection ofGlassell
St. at LaVeta Ave. (
A2100.0 Agr. 2437)Contract: $
11,288.
CITY COUNCIL MINUTES February 27, 1996
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funding ($ll,ooO.oo) from the Federal Hazard Elimination Safety
RES) Program, plus $288.00 provided through the General Fund, Traffic Engineering
Contractual Services account.
ACTION: Approved, and authorized release of Bond as appropriate.
2.10 RESOLUTION NO. 8590
A Resolution of the City Council of the City of Orange finally accepting completion of a
certain public work and improvement; Bid No. 945-37, installation of traffic signal
and highway safety lighting at the intersection of Tustin St. at Fairhaven Ave.,
and modification of the traffic signal at LaVeta Ave. and Yorba St. (A2100.0.Agr.
2450)Contract: $114,075.
00 Contractor: Peek TraffidSignal Maintenance,
Inc.FISCAL IMP ACT: This project was completely funded through OCT A; no net impact
to the
City.ACTION: Approved, and authorized release of Bond as
appropriate.SUP.PLUS PROPERTY
PROGlil''!2.11 Request Council authorize the Fire Chief and Fire Battalion Chiefs to participate in
the Federal Government Surplus Property Program known as Distribution and Reuse
of Materials Organization (DRMO). (C25OO.
H)FISCAL IMPACT:
None.ACTION:
Approved.MOTION - Barrera
SECOND - Spurgeon AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater All items
on the Consent Calendar were approved as recommended.END OF
CONSENT CALENDAR PAGE 4
CITY COUNCIL MINUTES February 27, 1996
3. REPORTS FROM MAYOR COONTZ
3.1 Appointment of a Licensed Landscape Architect to fill the vacant position on the
Design Review Board, term to expire February 29, 2000. (OR1800.0.8.1)
Mayor Coontz announced the appointment of Tim McCormack who was one of the three
qualified applicants that were interviewed. Mr. McCormack has a strong background as a
licensed Landscape Architect. He has contributed as a volunteer in a number of community
service projects in the City, which includes being a member of the Board of Directors of Trees for
Orange and writing a grant for tree planting at Cambridge Elementary School. Mr. McCormack
provided written comments on his user friendly approach to the public.
Carole Walters, 534 N. Shaffer, asked why Mr. McCormack's name was not on the agenda. Ms.
Walters further commented that she understood Mr. McCormack's wife is a member of the Old
Towne Preservation Association.
Mayor Coontz responded that Mr. McCormack was the last person to be interviewed and the
decision was made after the agenda deadline.
MOTION
SECOND
AYES
Mayor Coontz Slater
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve
the appointment of Tim McCormack.TAPE 443 3.
2 Report
regarding proposal to amend the Orange Municipal Code, if voters approve Measures HH and
n, to delegate to the City Manager the authority to hire a City treasurer and City Oerk
after establishing education, experience, background and qualification requirements for such
positions. (EllOO.O)Mayor Coontz reported
if Measure HH and II were approved by the voters, the City Council would authorize the
City Manager to appoint a City Treasurer and City Clerk in November, 1996.However, in accordance
with State Law the Council may by ordinance delegate to the City Manager authority to
hire these officials. This has been the City's history as a City Manager form of government to
require the City Manager to be responsible for hiring.In the debates
surrounding Measures HH and II, citizens are asking whether the Council would hire the Treasurer
and Clerk or whether the City Manager would be delegated that authority.Questions have also
been asked regarding the criteria that will be used to hire these officials.Apparently there is
a misunderstanding about the City's ability to establish eligibility requirements for an elected
Treasurer or Clerk. Currently under State Law, the City cannot establish eligibility requirements for any
City elected offices beyond the State requirements that a candidate be at least 18 years
of age, aU. S. citizen, a registered voter and a resident of the City of29 days before the election.
On the other hand, if the voters approve hiring these officials by the City,PAGE 6
CITY COUNCIL MINUTES February 27, 1996
3. REPORTS FROM MAYOR COONTZ (Continued)
strict qualifications, including education and experience requirements for the position can be
established. In addition, a competitive recruitment process including interviews by a panel of
experts and procedures for a background and security check for applicants could be established.
Since State Law authorizes Council to adopt an ordinance delegating its authority to hire these
officers to the City Manager, the Council may wish to discuss this determination with the
anticipation that the voters may approve the ballot measures in March. If it is the Council's intent
to delegate such authority to the City Manager, it may wish to take action by motion expressing
such intent and direct the City Attorney to prepare an ordinance for Council's next meeting. If
adopted the ordinance would become effective upon voter approval of Measures HH and II.
Mayor Coontz recognized the following speakers:
Nick Lall, 6231 Mabury Ave., commented with this proposal the Council will be delegating the
responsibilities to the City Manager. The public should be aware that State Law investment
authority is with the Council, but allows Council to delegate that authority to the City Treasurer.
By doing this, the Council has not taken responsibility for the City being in the Orange County
Investment Pool.
Barbara DeNiro, 1118 E. Adams, asked how to change state law to require more stringent
qualifications for elected City Treasurers and Clerks.
Brent Hunter, Executive Director of the Chamber of Commerce spoke in favor of appointing the
City Treasurer and Clerk.
Bob Bennyhoff, 10642 Morada Dr., indicated the Council is accountable for anything that
happens in the City over which they have jurisdiction.
Corinne Schreck, 446 N. James, commented Council does have ultimate authority over an elected
or an appointed person and she does not like giving up her right to vote.
Carole Walters, 534 N. Shaffer, remarked she took a survey on how many Treasurers in Orange
County were appointed or elected. Out of25 cities, 21 cities have appointed Treasurers, 4 are
elected. Only two Treasurers took City money out of the Orange County Investment Pool. It
doesn't matter if they are appointed, City money was lost.
The City Attorney advised the reason the word appoint appears on the ballot is because the State
legislature has ruled that Council Councils should use this wording for ballot measures. However,
when someone has all the qualifications and is ready to accept the job, this can be done under
Personnel hiring practices.
Mayor Coontz remarked that the City has a City CounciVCity Manager form of government and
the Council's principle role is to set policy. The City Manager, his appointees and other officials
carry out the policies through executive, administrative and operational decisions. If the Council
were to revoke tht' Treasurer's Investment autl:ority, Council would be required to take over the
day-to-day operations of making investment decisions with limited exceptions.
Council meets
CITY COUNCIL MINUTES February 27, 1996
3. REPORTS FROM MAYOR COONTZ (Continued)
twice a month. The role of the Treasurer involves day-to-day transactions. This would
take the Council out of it's policy making role and put it in an executive role making
daily operational
administrative
decisions.
MOTION
SECOND AYES
Slater Mayor Coontz
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to amend the Orange Municipal Code to allow the City Manager to professionally hire the City
Treasurer and City Clerk.4.
REPORTS FROM COUNCILMEMBERS - None.5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - TAPE 921 5.1 Reappoint
Dorothy Jo Gibson to the City Traffic Commission, term to expire March 31,2000. (OR1800.
0.19)MOTION SECOND AYES
Murphy
Barrera
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to approve the reappointment.
6.ADMINISTRATIVE REPORTS TAPE 940
6.1 Report from the
City Attorney regarding the proposed joint settlement agreement as it relates to the Orange County
Bankruptcy. (Continued from January 23, and February 13,1996) (A2100.0.Agr.2555)
The Assistant City Attorney reported
the proposed joint settlement agreement will resolve all claims which the City and
Redevelopment Agency have against the County that relate to the failed investment pool. It provides for
a distribution of 78% of all city funds which are held in the County administered accounts, which include
condemnation, property taxes, street sweeping, and other small amounts. Currently $2,
184,000 in City money is held in these accounts. Under the joint agreement there would be
a distribution of$I,558,000. The remaining deficit of$482,000 would be paidout over
the next 20 years from the various tax legislation. Also, the City and Redevelopment Agency are trading their
claims under the Comprehensive Settlement Agreement,approved by Council last year,
in exchange for those claims would get priority status in the County's law suit against
Merril Lynch and other financial brokers. The first $54,000,000 from any proceeds from litigation will
go to the schools; after that the City would collect money on its deficiencies.PAGE 7
CITY COUNCIL MINUTES
6. ADMINISTRATIVE REPORTS (Continued)
February 27, 1996
The second document, the Plan of Adjustment, will be filed with the Bankruptcy Court and will
effectively end the bankruptcy. It has to be consistent with the joint agreement. Under the
current Plan of Adjustment, all of the City's condemnation funds would be paid in full plus interest
paid up to the time of the filing of the bankruptcy and specified interest after the bankruptcy. Of
the $2.2 million dollars in County administered accounts, $1.6 million is condemnation funds.
The Tables in the staff report were reviewed.
MOTION
SECOND
AYES
Barrera Murphy
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve
the Joint Agreement of the County of Orange the official Investment Pool's Participant Committee and
each Option A pool participant for resolution of all claims against the County of Orange
Goint agreement) and authorize the Mayor to execute same.6.2 Treasurer'
s Report for period ending January 31, 1996. (C2500.F)The Finance Director
reported the Local Agency Investment Fund (State Pool) balance is 6,220,000.
High grade commercial paper has been purchased and short term treasuries to provide for short
term liquidity needs. The market value of the portfolio exceeds book value by 197,000 and
the average maturity of the portfolio is 2.14 years.Councilman Spurgeon suggested
that under Adjusted Cash Balances the Finance Director compare the previous
month and provide an explanation ifthere is a significant increase or decrease.MOTION SECOND
AYES
Murphy
Barrera
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to accept the report.
TAPE 1644 6.3 Report
frolJl Community
Development Director on status of Culver Street Zone Change. (C2300.E)Mayor Coontz
announced this report
was placed on the agenda by the City Manager for information only. The Community Development
Director's recommended action is for Council to receive and file the report.
In light of recent communications received, past actions of Council may be contested. The City
Attorney advised that comments be taken from the public before action on the request to
receive and file and that Council not discuss the matter until further information is received regarding the
legal contentions of one or more of the residents.Councilman Slater announced he has
a real estate listing on Culver Street and will abstain from participating on this issue.PAGE
8
CITY COUNCIL MINUTES February 27, 1996
6. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz recognized the following speakers:
Carole Walters, 534 N. Shaffer, commented this issue was brought forward by Shannon Tucker.
If this issue is opened, then Olive Street should be reconsidered.
Ralph Zehner, 630 E. Culver, remarked that this rezoning took a lot of time resulting in the
community coming together. The community is satisfied with the rezone. Mr. Zehner suggested
the Council receive and file the report.
T.1. Clark, 811 E. Chapman, indicated that if this issue is reopened he wants his Olive Street
property rezoned.
Eileen Hertfelder, 720 E. Culver, spoke in favor of receiving and filing the report.
Councilman Spurgeon announced he had discussed with the City Attorney his participating in
discussion of this issue. On prior discussions of this issue, he had a conflict and had disqualified
himself This time however, he had been assured he no longer had the conflict and could
participate.
The City Attorney was asked by Ms. Walters why Councilman Slater did not step down from the
podium. The City Attorney commented that if there was going to be a long discussion with some
action other than to receive and file, it would be better practice to leave the podium. However, in
this case which involved a recommendation to receive and file and a short discussion period, he
could remain on the podium.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSTAINED - Slater Moved
to receive and
file the report.TAPE 1644 6.4
Report from
the Acting Fire Chief regarding reimbursement for the Fire Department's involvement in the Oklahoma
City bombing disaster. (C2500.H)The Acting Fire Chief
reported the City has been fully reimbursed in the amount of $40,309.90 by the Federal Emergency
Management Agency for the City's response to the Oklahoma City bombing.MOTION SECOND AYES
Murphy
Spurgeon
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater Moved to receive and file the
report.PAGE 9
CITY COUNCIL MINUTES February 27, 1996
TAPE 1703
6. ADMINISTRATIVE REPORTS (Continued)
6.5 Report from Public Works Director regarding the proposed refunding of the 1992
Certificates of Participation for the Alien-McColloch Pipeline. (A2100.0 Agr. 2280.1,
2 &
2556)The Public Works Director reported the bonds were issued in 1979 and were
subsequently refunded. The project was refinanced in 1992 with variable rate certificates of
participation.Although the line has been sold to the Metropolitan Water District, the original agencies are
still responsible for the debt service and receive offsetting payments on an annual basis
from Metropolital Water
District.The variable rates have not been a favorable circumstance. Additionally the terms of
the certificates of participation require earthquake coverage. There is now the opportunity to
secure a fixed term and refinance a certificate of participation at 4.7% with no earthquake
insurance requirement because Metropolitan Water District is responsible. Staff is recommending
adoption of Resolution
8591.RESOLUTION NO.
8591 A Resolution of the City Council of the City of Orange approving an Amended and
Restated Sublease with Municipal Water District of Orange County and related documents authorizing
the refunding of the 1992 Certificates of Participation for the Alien-
McColloch
Pipeline.
MOTION
SECOND AYES Mayor
Coontz
Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
That Resolution No. 8591 as introduced be adopted and same was passed and adopted by the
preceding vote.
TAPE 1796
6.6 Report from the Director of Community Development regarding a request from
Southern Cal Investment Company to provide a grant in the amount of $769,250 for the
acquisition and rehabilitation of the Parklane Garden Apartments located at 928 North
Highland Avenue. (A2100.0.Agr.2557)
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
trail discussion of this item to the Redevelopment Agenda.For discussion,
see Redevelopment Minutes, Item 5.2. For Council action, see Page 11.)PAGE 10
CITY COUNCIL MINUTES
6. ADMINISTRATIVE REPORTS (Continued)
February 27, 1996
MOTION
SECOND
AYES
NOES
Mayor Coontz Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon Slater Moved to
consider a
request for financial assistance in the amount of $769,250 from Southern Cal Investment Company for the
acquisition and rehabilitation of a portion of the Parklane Garden Apartments located at 928
North Highland Avenue; and authorize staff to negotiate the terms of the financial assistance and
draft a Home Investment Partnerships Act Assistance Agreement between the City and
Southern Cal Investment Company, and to take note of the questions,recommendations, Council and public
concerns.7.REPORTS FROM CITY
MANAGER TAPE 1848 7.1 Report on
City Council Policy regarding Agenda location of appropriation of funds and bid awards. (C2500.
D)The City Manager read
the following policy: "The award of bids for items or projects that have already been appropriated in
the budget or CIP, may go on the Consent Calendar. In addition,appropriations of funds for
items under $100,000 that have not previously been approved in the budget or CIP may
go on the Consent Calendar. New debt issues or new appropriations of 100,000 or more
are to be placed under Administrative Reports or Reports from the City Manager for a brief
report and Council discussion prior to approval."Councilman Spurgeon requested that
items on the Consent Calendar approved through the Budget or CIP be
noted. Also, the name of the account should be shown with all fund numbers.MOTION SECOND AYES Spurgeon
Murphy
Murphy,
Barrera,
Mayor Coontz,
Spurgeon,
Slater Moved to approve Council policy 7.
2 Report on contracting with
Cablevision of Orange to lay fiber optics. (FllOO.O)The Assistant to the City Manager
reported that in December the City renewed the contract with Cablevision of Orange. One of the
provisions was to allow the City to piggyback on Time-Warner's efforts to lay cable
in the City. In one year, the City could save $278,000 by taking advantage of this offer. The City'
s Management Information System Committee has requested permission to enter into negotiations with
Cablevision of Orange and to pursue discussions with the school districts which would also
benefit from the fiber-optics and share the costs.Councilman Murphy commented on the
explosion of people utilizing the internet system and suggested the City get on
the internet which would offer another avenue for the public to access agenda items and other City
services.PAGE "
CITY COUNCIL MINUTES February 27, 1996
7. REPORTS FROM THE CITY MANAGER (Continued)
Nick Lall, 6231 Mabury, asked what the City was getting with the fiber-
optics?The Assistant to the City Manager explained the lease payments and other costs involved for
the number of users the City would
have.
MOTION
SECOND
AYES Spurgeon
Murphy
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to direct staff to negotiate a contract between the City of Orange and Cablevision of Orange
to exercise the City's option, as contained in the cable franchise agreement; to lay fiber optics
during trenching for the purpose of instituting a Wide Area Network, web page, and integrate
the City; the proposed contract to be returned to the City Council for final approval.8.
LEGAL AFFAIRS TAPE 2400 8.
1 ORDINANCE NO. 3-96
An Ordinance of the City Council of the City of Orange adding Chapter 8.06 to the Orange
Municipal Code relating to the abatement of unattended shopping carts. (A2500.0)
MOTION
SECOND
AYES
Barrera Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
3-96 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.8.2
ORDINANCE NO. 5-96 An
Ordinance of the City Council of the City of Orange repealing Chapter 2.14 of Title 2 of the Orange
Municipal Code pertaining to Conflicts of Interests. (A2500.0)MOTION
SECOND
AYES
Murphy
Mayor
Coontz Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
5-96 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.8.3
ORDINANCE NO. 8-96 An
Ordinance of the City Council of the City of Orange amending Chapter 12.36of the Orange Municipal
Code relating to House Moving. (A2500.0)PAGE
12
CITY COUNCIL MINUTES
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
February 27, 1996
Spurgeon Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
8-96 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.8.4
ORDINANCENO. 9-96 An
Ordinance of the City Council of the City of Orange amending Chapter 15.41of the Orange Municipal
Code amending Transportation Systems Improvement Program, establishing additional land
use categories and authorizing a revised fee schedule. (A2500.0)MOTION
SECOND
AYES
Barrera
Murphy Murphy,
Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
9-96 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL
PRESENTATIONS Carole Walters,
534 N. Shaffer, acknowledged Nick Lall for his donation of a sign to the Orange County Zoo
for Samson, the bear. Ms. Walters felt the City Council should recognize Mr. Lall for his
contribution.The City
Council applauded Mr. Lall and requested a picture of the sign.Eddie Grijalva,
1600 W. Struck Ave., gave a brief history ofthe heritage of the City and requested to
rename a small portion of Hewes Avenue which is 9/lOths ofamile with the Grijalva name.Councilman
Slater
suggested that Mr. Grijalva discuss with the City Manager that Rancho Santiago be
changed.Mayor Coontz
instructed the City Manager to review the request.11. RECESS
MOTION SECOND
AYES
Murphy
Barrera
Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater The City Council recessed
at 6:45 p.m.PAGE 13
CITY COUNCIL MINUTES February 27, 1996
7:00 P.M. SESSION
NOTE: The City Council reconvened at 7:15 p.m.
12. INVOCATION
A moment of silence was observed.
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Brownie Troop 190
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS -
None 13.PUBLIC HEARINGS TAPE
2579 13.1 APPEAL NO.
424, CONDmONAL USE PERMIT 2064-94, JEROME GREUBEL:Time set for
a public hearing on petition by Jerome Greubel to appeal the Planning Commission's denial of Conditional
Use Permit 2064-94 on September 19, 1994. A request to allow the construction and
operation of a Senior Citizen Apartment Project and the construction of buildings exceeding
two stories in height. The proposal includes a request for a density bonus in exchange for
renting 25% of the units to low or very low income senior households. Subject property is
located on the west side of Newport Boulevard, 400 feet south of Chapman Avenue 340 N.
Newport Blvd.). The zoning is C-1 (Limited Business). (A4000.0)NOTE:
Negative Declaration 1454-94 has been prepared to evaluate the environmental impacts
of this project.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
Orange Park Heights Senior Community requests City Council appeal based on the following:
A. Due to a scheduling confusion, the project architect was absent from the public hearing, hence
unable to explain the technical concerns raised by the Planning Commission.
B. By the Planning Commission Chairman's admission, the Commission is only able to consider
issues relevant to land use and technical issues therein. The Orange Park Heights Senior
Community however has significant social, economic and community benefits which are generally
responsibilities of the City Council. In addition, the development team has worked closely with
the City Housing and Community Development staff for twelve months, and issues relevant to
PAGE 14
CITY COUNCIL MINUTES February 27, 1996
13. PUBLIC HEARINGS (Continued)
those negotiations were also not considered by the Planning Commission.
We feel that the City of Orange deserves the quality senior housing our proposal provides. We
feel the City Council should have the opportunity to see the project for themselves."
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The Director of Community Development briefly reviewed the history of the project. The
Planning Commission reviewed the application in December, 1995 and recommended the project
to the City Council.
The project is on a 2.7 acre site with a commercial zone. It includes 87 units, with a 31 % density
bonus. The parking is one space per unit. The building is two and three stories in height. The
maximum height is 46 feet. This is a hillside site. The driveway entering the project has a slope
of 10"10. A retaining wall is located at the rear of the property which creates the terraces for the
pads allowing the construction of the buildings. The retaining wall has been reduced 13 feet in
height; 16 feet is the maximum height. Access to the site complies with Federal and State
handicap standards. There are one and two bedroom units within the project; 600-900 sq. ft.
in size. There is a 25% affordability
requirement.Craig Smith, 2350 Dunes, Tustin, Architect for Mr. Gruebel, gave the following details
and
changes:Reduced the number of units from 92 to
87 Reduced stories from three to two on the residential portion of the
project Moved the buildings away from the property lines of the adjacent
residences Onsite grading was reduced to 20,000 cubic yards of net grading, and balanced the project
with 4-5,000 cubic
yards offill.The 29 ft. crib wall was reduced to 16ft. at its
highest point.Connected pedestrian and horse trail across the site to improve the street and
the sidewalks across the project. The horse trail was broken offinto a trail that will meet with
Highhorse Trail.Anywhere on the site a person in a wheelchair or walker can reach the shopping
center below.This meets
ADA requirements.The slope was reduced to 10% with two 5% pads and turnarounds which give a gradual
relief to the entire slope and provides to a flattened
out approach.Mr. Smith responded to the following concerns from Keystone Pacific
PropertyManagement,Inc.'s letter dated February
22, 1996:1. Wall being built on the City easement should not be the maintenance responsibility
of the Association, its members or that of the City. It should be built upon the property of
the developer or the City easement and be maintained by the developer of the project and his
successors. The cost of repair of any damage to any adjacent property caused by the development of
the project should be born by the developer and this requirement should be included in the
conditions
of approval.
CITY COUNCIL MINUTES February 27, 1996
13. PUBLIC HEARINGS (Continued)
Mr. Smith concurred.
2. Horse trail - concern that the developer's plan does not provide for the buffer required by law.The
developer should be required to follow the standards established by the City regarding the installation
oflandscaping per City of Orange Trail Standard Detail #3. This too should be included
in the conditions of approval.Mr.
Smith commented their trail is a full 10 feet wide and meets City requirements.3.
The v-ditch on the border between the association and the Galbraith property - It appears that in
order for the project to be constructed the v-ditch will be at least partially destroyed. The
developer should be required to rebuild or reroute the v-ditch as necessary to allow for safe
and proper
drainage.Mr. Smith remarked the v-ditch is on their prop~. The v-ditch will not be
touched; however if somethingwould happen off site, it
would be repaired.The Director of Community Development commented when the property is regraded
it will be terraced and the parking lots and pads will no longer drain
toward the v-ditch.4. Grading Plan - The final plans have not yet been presented to the City and are
not available for review. Until there is a definite grading plan we do not believe an appropriate
decision on the project can be made and the matter should be continued until these plan are
available and the Association has had a reasonable opportunity for review. In any event, any
grading plan should provide for drainage
towards Newport Avenue.Mr. Smith commented the drainage plan does provide drainage
towards Newport Avenue.The Director of Community Development advised this is not a final grading plan
which is not completed until after the project at this level has been approved. There is
more information for this project because of
the hillside terrain.The Director of Community Services announced a letter from Mr. Russell Miura,
319 N. Willow Springs Rd., Orange, outlining the same types of concerns as the
Keystone Pacific Property
Management, Inc. letter.The
following people spoke:Jim Kubalik, 127 N. Cobblestone Dr., homeowner and member of the Board of
Directors of the Cowan Hills Homeowners Association, requested that Item No. One regarding the wall
be made a condition. Concern was expressed regarding
the grading plan.Russell Miura, 319 N. Willow Springs Road, expressed concerns regarding the horse
trai1 and no buffer between the property line; misleading to say there is no historic water
coming off the mountain; has to be a drainage plan to make sure the residents are not impacted
with the
CITY COUNCIL MINUTES February 27, 1996
13. PUBLIC HEARINGS (Continued)
who will be liable when the easement (pie shaped parcel) fails; who will maintain this piece of
property; Conditions 17 and 18 regarding landscaping, Mr. Miura wants to be notified when these
conditions go before the Design Review Board; and plans with the City show a pipeline that runs
through his property and Mr. Greubel's - how accurate are these plans?The
Director of Community Development reported there is confusion on where the precise property
lines are located. The grading plan should document property lines.Bob
Koenig, 265 N. Willow Springs, member of the Cowan Hills Homeowners Association spoke in
favor of the project. Unclear where the property lines are and Cowan Hills Association is concerned
that they would have to maintain certain properties.Bob
Bennyhoff, 10642 Morada Dr., spoke in favor of the project.Mr.
Gruebel, 510 W. Chapman, spoke in favor and commented this project has evolved into a market
project, replacing the term senior housing with affordable housing.THERE
BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION
SECOND
AYES
Murphy
Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve
Mitigated Negative Declaration No. 1454-94 as it meets the requirements of the California
Environmental Quality Act and there is no substantial evidence that the project will have a
significant effect on the environment or wildlife resources.MOTION SECOND
AYES
Murphy
Spurgeon
Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved to approve Conditional
Use Permit 2064-94 subject to the following changes to conditions: Strike Condition
NO.4 and the second sentence of Condition NO.5 which strikes the affordable clause out
of this project.14. PLANNING AND
ENVIRONMENT - None 15. ORAL PRESENTATIONS - None
PAGE 17
CITY COUNCIL MINUTES February 27, 1996
RECESS
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council recessed at 8:07 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel - anticipated litigation.Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (one potentialcase).b. Conference
with
Labor Negotiator pursuant to Government Code Section 54957.
6:City Negotiator: Personnel
Director.Employee Organization: All
Employee Organizations List Available in
Personnel Office).c. Public employee
appointment pursuant to Government Code Section 54957: City Attorney d. To consider
and take possible action upon such other matters as are orally announced by the City Attorney, 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.16. ADJOURNMENT MOTION
SECOND AYES
Murphy
Barrera
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to adjourn at 9:
35 p.m. to an Adjourned Regular Meeting with the Planning Commission,March 5, 1996 at 4:
30 p.m. in Conference Room C for a presentation by the Design Collaborative regarding the vision for the
downtown area.1~~,,({'~t<;SANDRA ~~HCART, CMC
CITYCLEP.
K7 Jj_i / . /
H.. fC7~
JOANNE
C. COO
MAYOR PAGE
18