06-13-1995 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
JUNE 13, 1995
The City Council of the City of Orange, California convened on June 13, 1995 at 4:30 P.M. in aRegularMeetingintheCouncilChambers, 300 E. Chapman Avenue, Orange, California.
4;30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Given by Councilman Mike Spurgeon
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting
May 23, 1995.MOTION - Barrera
SECOND - Murphy A
YES - Murphy, Barrera,
Mayor Coontz, Spurgeon, Slaler ACTION: Approved.1.4 PRESENTATlONS/
ANNOUNCEMENTS/ INTRODUCTIONS _
None 1.5 PROCLAMATIONS - None 2.
CONSENT CALENDAR TAPE 185 2.
1 Declaration of Deputy City
Clerk, Cassandra 1. Cathcart, declaring posting of City Council agenda of a regular meetingofJune13, 1995 at Orange Civic Center, Main Library, Police facility at 1107 NorthBataviaandtheEisenhowerParkBulletinBoard; all of said locations being in theCityofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregularmeeting.ACTION: Accepted Declaration of Agenda Posting
and authorized its retention as a public record in the Office of
the City Clerk.2.2 Authorize Mayor and Director
of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.PAGE 1
CITY COUNCIL MINUTES JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
2.3 RESOLUTION NO, 8478
A Resolution of the City Council of the City of Orange authorizing the Public Employees'Retirement System to grant an additional designated period for two years additional
service credit for the City of Orange. (Il200.0.3.4)
ACTION: Approved.
2.4 CLAIMS FOR DAMAGES FROM: (C3200.0)
a. Robert Bogard
b. Marshall Burke
c. Preston Hibbard
d. Dixie Hibbard
FISCAL IMP ACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
2.5 Request Council approve the Agreement for Provision of Gang Prevention and
Suppression Services between the City and the County of Orange. (A2100.0.Agr.1853.c)
FISCAL IMPACT: Funds in the amount of$70,514,(JO have been appropriated in the
proposed 1995-96 budget in Account No. 100-4041-426700 (Gang Unit Program Professional
and Consulting Services).ACTION: Authorized Mayor and City Clerk to execute on behalf
of the City.REMOVED AND HEARD SEP
ARA TEL Y)2.6 Approve proposed modification to the alcoholic beveragelicenseapprovalprocessdesignatingtheCityCouncil, as a body, to make findings of
public convenience and necessity. (
p1300.0.2)
FISCAL IMPACT: None The Director of Community Development explained this issue addresses a
recent State law change as it applies to the process for approval of alcoholic beverage
licenses. Staff has recommended that Council be the body to make the
public convenience finding.The Police Chief concurred with the recommendation and
explained that public convenience is an area where the Police Department would nol protest for
high crime and undue concentration. One of the areas where the Police Departmenthasutilizedpublicconvenienceinthepastyearhasbeenatrestaurants
throughout the
CITY COUNCIL MINUTES
JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Moved to
direct the implementation of a change in the alcoholic beverage license approval processtobeconsistentwitharecentchangeinStatelaw.2.7 Request
from Orange High School for the temporary suspension of permit parking restrictions within 'AreaN. (S4000.S.3.1.2)FISCAL IMPACT: None.
ACTION: Approved.2.
8 Request
permission to advertise Bid No. 945-33 for the installation of traffic striping,pavement markings, and raised pavement markers at various locations within the City.S4000.S.33)FISCAL IMPACT:
Approximately $94,000 in the #250 Traffic Safety funds utilizing 250-5032-427100 (Contractual Services). Although budgeted in the 1995-96FiscalYearappropriationwillnotneedtobemadeuntilcontractisreadyto
award,ACTION:
Approved.2,9 Request approval of plans and specifications and permission to advertise Bid No. 945-37,for traffic signals and safety lighting for LaVeta Ave, at Yorba St., and TustinSt. at Fairhaven Ave, (S4000S.
3.3)FISCAL IMPACT: $115,000.00 totally funded by OrangeCountyTransportation
Agency (OCTA).
ACTION: Approved.2.10 Request for intersection evaluation at the intersections of Spring St. at EsplanadeSt., and Spring St. at Seranado St. (S4000.S.
3.5)FISCAL IMPACT: Funding utilizing #250 Traffic Safetyfunds, #250-
5032-427100 Contractual Services)ACTION: Approved removal and relocation of certainmarkedschoolcrosswalks,
and increase police presence.2.11 Request for the installation of red curb markings on NicholasAve. between Batavia St,and the east property line for 749 N. Batavia St. (
S4000S.3.
CITY COUNCIL MINUTES
JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: #250-5032-427100 Contractual Services in the Traffic
Safety fllnds.ACTION: Approved the installation of 'No Parking Anytime' zone on NicholasAve,
as described.2.12 Request for the installation of red curb markings on Cambridge Street adjacenttotheofficebuildingdrivewayat850E. Chapman Ave. (S4000.S.3.
1.1)FISCAL IMPACT: #250-5032-427100 Contractual Servicesaccountfromthe #
250 Traffic Safety funds.ACTION: Approved installation of 'No Stopping Anytime' zone onS.
Cambridge St. as described.2.13 Request to remove a marked pedestrian crosswalk on TustinSt. atWashington Ave.
S4000. S.3. 5)FISCAL IMPACT: #250-5032-427100ContractualServices
from the #
250 Traffic Safety funds.ACTION: Approved.2.14 Request to remove the marked school crosswalkonCanalSt.
al Cumberland Ave.S4000.S.35)FISCAL IMPACT: #250-5032-427100
Contractual Services
from lhe #250 Traffic
Safety funds.ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.15 Evaluation of traffic control devices attheintersectionofCalle
Grande and Calle Baja.S4000.S.3,3)FISCAL IMPACT: No additional costfor
traffic control and safety devices currently in place.Mayor Coontz recognized thefollowing
people who spoke in favor
of staffs recommendation:Tom Moore, 209
Calle Alta,A. Taylor Reid, 321
Calle Baja
CITY COUNCIL MINUTES
JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
Concern was expressed that the ceramic markers were not placed properly on the streetand1/3 are broken and raised up from the pavement.
Speaking in opposition:
Rollin 1. Mahoney, 307 Calle Grande, suggested installing a three-way stop device atLeCumbretoslowvehiclestravellingdownthe
hill.The Director of Public Works commented the street ceramic markers are themostcommonlyusedandtheproblemsrecognizedbythespeakersare
typical.Mayor Coontz directed the Director of Public Works to investigate the suggestion forathree-way stop at Le Cumbre and resolve the problems with the
street markers.MOTION -
Slater SECOND - Mayor Coontz
AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION:
Moved to rescind Council action of September 27, 1994, approving '3-Way'STOP control at Calle Grande and Calle Baja; and approve as permanent, the interimsafetymeasuresadoptedattheCityCouncilmeetingofFebruary28, 1995, consisting ofanintersectionwarningsign, advisory speed sign, cross traffic warning sign and raisedceramicmarkers.
2.16 Request from Chief of Police to change parking time limits from two to three hours, and;consider exemption of Assistance League from parking time regulations within the S.Orange St. Municipal Parking Lot. (S4000.S.3.1.l)
FISCAL IMP ACT: Indeterminate at this time.
ACTION: Denied.
2.17 Request from the Assistance League of Orange and the First United Methodist Church forNoFee" parking permits for the S. Orange St. Municipal Parking Lot. (S4000.S.3.1.1)
FISCAL IMPACT: Loss of$I,440.00 in annual parking permit fees.
ACTION: Approved issuance of 10 'No Fee' parking permits for the Assistance League ofOrange, 2 'No Fee' parking permits for the First United Methodist Church; and, that thisfeewaiverbereviewedannually,
Page 5
CITY COUNCIL MINUTES JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
2.18 RESOLUTION NO. 8483
A Resolution of the City Council of the City of Orange giving preliminary approval to the
Engineer's Report" for Landscape Maintenance Assessment District 86-2 (Santiago
Hills)and declaring its intention to provide for an annual levy and collection of assessments
in that special maintenance district and setting a time and place for public hearing to
receive evidence on the foregoing matters. (Ll200.
0)ACTION:
Approved.2.19 RESOLUTION NO.
8482 A Resolution of the City Council of the City of Orange giving preliminary approval to
the Engineer's Report" for Landscape Maintenance Assessment District 82-
1 (Shadow RIdge) and declaring its intention to provide for an annual levy and
collection of assessments in that special maintenance district and setting a time and place
for public hearing to receive evidence on the foregoing matters. (
Ll200.0)
ACTION: Approved.2.20 RESOLUTION
NO. 8484 A Resolution of the City Council of the City of Orange adopting guidelines
relating to implementation of the California Environmental Quality Act. (
E1400.0)
ACTION: Approved.2.21 RESOLUTION
NO. 8485 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 deviation from landscaping requirements and an Administrative Adjustment to reduce
drive aisle width. (
V1300.0)
Variance 1987-95
Administrative Adjustment 95-01
Applicant: 1 &
B Development
CITY COUNCIL MINUTES JUNE 13, 1995
2, CONSENT CALENDAR (Continued)
2.22 RESOLUTION NO. 8486
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 Conditional Use Permit to
allow for the expansion of a service station on a site which is adjacent to a residential zone
and to allow for the sale of alcoholic beverages in conjunction with the sale of motor fuel
upon property located at the northeast corner of Orange-Olive Road and Meats
Avenue 2101 N. Orange-Olive Road). (
C3300.0)Conditional Use
Permit 2097-95 Applicant:
I & B
Development ACTION: Approved.2.23 Request Council approve plans and specifications and authorize advertising
bids for the Cypress Street Reconstruction Project from Palm Avenue
to Walnut Avenue.
S4000.S.7)FISCAL IMPACT: Funds in the amount of$216,461 have been
allocated in Account 310-
6057-473300-
1814 for this project.ACTION: Approved.2.24 Request Council approve plans and specifications
and authorize advertising bids for Street Improvements on Lemon Street from north of
Chapman Avenue to north of Maple Avenue, and Maple Avenue from east of Atchison
Street to west
of Lemon Street.S4000.S.7)FISCAL IMPACT: Funds in the amount of$319,
165 have been budgeted
in Account
310-6056-473300-1326 for this project.ACTION: Approved.2.25 Request Council approve
plans and specifications and authorize advertising bids for the Batavia Street Storm Drain
from Collins Avenue to Nicolas Avenue, the Main Street Storm Drain from Walnut Avenue
to Alvarez Avenue and the Citrus Street Storm Drain
from Citrus Street to Emerald Drive. (C2500.M.17)FISCAL IMPACT: Funds in the
amount of$199,440
have been
allocated in Account 310-6057-473400-1810 for this project.ACTION: Approved.2.26
Request Council approve Tract Map No. 15053 and
accept dedication
CITY COUNCIL MINUTES JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
Location: West side of Tustin St. :!: 830' north of the centerline of Fairway Drive.
Developer: Van Daele Development Corporation
Sycamore Crossing
FISCAL IMPACT: None.
ACTION: Approved.
2.27 Request Council approve Tract Map No. 14984 and accept dedication of easements,
access, and public utilities as offered. (T4000.0)
Location: East side of Crawford Cyn, Rd. :!: 1700' north of the centerline of Creekside
Developer: Crawford Hills-Orange, L.
P.FISCAL IMPACT:
None.ACTION:
Approved.2.28 Request Council approve Tract Map No. 14983 and accept dedication of
easements,access, and public utilities as offered. (T4000.
0)Location: East side of Crawford Cyn. Rd. :!: 540' north of the centerline of
Creekside Developer: Crawford Hills-Orange,
L.P.FISCAL
IMPACT: None.
ACTION: Approved.2.29 Request Council approve amended Tract Map No. 13913 and accept
dedication of easements, access, and public utilities as offered. (
T4000.0)Location: East side of Crawford Cyn. Rd. al
Cliffway Dr.Developer: B. A.
Properties, Inc,FISCAL IMP
ACT: None.ACTION: I. Moved to authorize the Mayor to sign the map representing the
City as owner of Lot D, a reservoir site. 2. Moved to approve amended Tract Map
No. 13913 and accept dedication of easements, access and public utilities
as offered.2.30 Request Council approve Preliminary
Seven Year Highway and Transportation
Projects Segment requirements. (C2500.J.
1.I)Capital Improvement
Program -to meet Measure M
eligibility FISCAL IMP ACT: The seven year fiscal impact is $29,586,722 for these highway
and transportation
projects,Page
CITY COUNCIL MINUTES
JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.31 RESOLUTION NO. 8448
A Resolution of the City Council of the City of Orange approving Lot Line AdjustmentLL95-1 adjusting a Lot Line of certain real property situated at the northwest cornerofChapmanAvenueandMcPhersonRoadintheCityofOrange. (C2500.M.16.
1)Location: NW corner of Chapman Ave. and McPhersonRd.Owners: Elcus and Associates and Donald G.
Hunt Councilman Slater requested the status of the project. He commented thetransportationagenciesareproposingthatpartoftheoldabandonedright-of-way be used asabiketrailwhichmightnotbepracticalinthatlocationbecausethereisnosignalforcrossing. It would be better at Y orba or Prospect. Councilman Slater did not like losing apieceofapotentialtrail, but perhaps the project is too far down the roadalready. Further, the proponent has appealed the fees for the County Transportation; will the projectbeabletomoveaheadif
the proponent loses?The Director of Community Development reported the land and projectareinprivateownershipandhasbeenthroughtheapprovalprocess. The working drawingsareatastagethatallowspermitstobeissuedatthistime. Staff is currently workingonaMasterPlanofBikeTrailsandthispropertyhasbeenreviewedasapieceofprivatelyownedpropertynottobeusedasoneofthealternatestoanybiketraillinkages. Prospect Street or Yorba Street are being considered at this time as theconnectionroutesbetweenSantiagoCreekandtheformereasements. If the City desires this, it
should be purchased.The Director of Public Works reported the proponent has paidthecorridortransportationfeesandhasappealed. The appeal was denied and the proponent has filedalawsuitwhichnamestheCityofOrangeandtransportationagenciesbecausetheCityistheconduitthroughwhichthose
fees are collected.The Director of Community Development indicated this request was notpartoftheoriginalpackageapprovedbytheCityCouncil. This lot line adjustmentisaminoradjustmentofparcellinesbetweenthisownerandadjacentproperty ownerstomaketheboundariesofthe
project more logical.
MOTION - Barrera SECOND -
Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
ACTION: Approved.
Page 9
CITY COUNCIL MINUTES
JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
2.32 RESOLUTION NO. 8481
A Resolution of the City Council of the City of Orange approving Lot Line adjustment LL95-3 adjusting a Lot Line of certain real property situated at Lot 61 of Tract 13984andLotAofTract13585. (C2500.M.I6.
1)Location: 4428 Hastings
Avenue Owners: Calvin and Maria Rossi and Belmont Estates Community
Assn.ACTION:
Approved.2.33 Request Council approve transfer of$2,032.90 from Patron Donations Account toLibraryMaterials. (
C2500J)FISCAL IMPACT: Transfer from Account No. 200-293900-9986 toAccountNo. 200-2001-443101-9986 will supplement the library's
budget to
purchase library materials.ACTION:
Approved.REMOVED AND HEARD SEPARATELY)2.34 Request Council approve the Joint Powers Agreement fortheOrangeCounty800MHzCommunicationsSystemanddesignatetheFireChief, with thePoliceChiefasalternatetoserveastheCity's representative to the Joint Powers
Authority. (A2100.0.Agr.2415)FISCAL IMPACT: City's share of this project is $2,723,905, to be financed over 10 years. A down payment of$408,586 will be requiredinfiscalyear1995-96. Recommend funding come from
Proposition 172 and General Fund dollars,The Fire Chief reported the fire system providesthebackbonefortheproposedsystemwithacostCounty-wide of over $82million. Beginning in November, 1995, the Federal Communications Commission will be taking away frequenciestheCityhashadforalongtime. The proposed system should be operatingbyOctoberlNovemberofthisyearorthefrequencieswillbelost. The Police Departmenthasbeenworkingwithanarchaicsystemformanyyearsandtheproposedsystemwillallow
them to communicate with the Fire Department.This agreement is a financing document in conjunctionwithallcitiesandtheCountyofOrange. Some of the financial concerns withtheCountyhavebeenpre-empted in the agreement by allowing the JP A to gotothebankruptcycourtandreceivefundsdirectlyfromProp172whichtheCountywillbereceivingfromtheState, if the County gets in a point of
default. This will ensure a flow of funds.The City's portion is $2.7 million witharecommendationthatthefirstyear's estimated cost of approximately $400,000 will come from thegeneralfundorProp172astobedeterminedinthebudgetprocessAll
cities in
CITY COUNCIL MINUTES JUNE 13, 1995
2. CONSENT CALENDAR (Continued)
Carole Waders, 534 N. Shaffer, asked if there is not money in the general fund, will theCityraisetaxes?
Mayor Coontz stated the City would not raise taxes.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved and
authorized Mayor and City Clerk to execute on behalf of the City.2.35Request
Council authorize Mayor to sign a Quit Claim Deed for Parcel A, Tract #9006,transferring title toVanDaele/Orange Ltd., Tract #14752. (D4000.0)FISCAL IMP ACT:
None ACTION: Authorized Mayor
and City Clerk to execute on behalf of the City.MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater Items 2.6,2.15.2.
31 and 2.34 were removed and heard separately. All other items on the Consent Calendar were approved as recommended,END OF CONSENT CALENDAR 3.REPORTS
FROM MAYOR COONTZ TAPE
852 3.1 Appointment of Steven McHarris
to the Design Review Board, term to expire September 14, 1995 (to fill unexpiredtermofDavidKent). (ORI800.0.8.I)Carole Walters, 534 N. Shaffer, commented
Mr. McHarris did not apply for the Design Review Board, but applied for the PlanningCommissionvacancy. Also, the City received only one application from a lady applying fortheDRBvacancy. It was suggested that Council appoint someone who is neutral to allthepeopleinthecommunity. Mr. McHarris did not mention he is on the Board of Directors oftheOldTownePreservationAssociation. Mrs. Walters asked for an explanation on the Maddy Act requirements.The Mayor explained there are applications
filed in the City Clerk's Office and it is Council policy to appoint anyone to any committeetheyfeelisappropriate.Page 11
CITY COUNCIL MINUTES JUNE 13, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
The City Attorney clarified that if the question was whether or not Council has to select someone
who has applied for a certain appointment, the answer is no. Council has discretion on all
appointments. The Maddy Act relates to vacancies and advertising requirements for Council
appointed committees.
MOTION
SECOND
AYES
NOES
Mayor Coontz Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon Slater Moved to
continue this
item to June 27, 1995 for additional information on the appointment.TAPE 1072 3.2
Mayor Coontz
commented she discussed the Katella Avenue corridor issue with the City Manager today and felt
that the economic development opportunities should be researched. The architectural group that worked
on the plaza (Design Collaboralive) is interested in participating as volunteers for this
project. It was suggested a report be provided to Council with all the pertinent information.The City
Manager reported
he has contacted City Manager of Anaheim, Jim Ruth to schedule an appointment to discuss the
subject area. A report will be forthcoming within 30 days.The Director of Community
Development commented the Economic Development Department and Community Development Department
have met and discussed the Northwest Project area,reviewing the uses within
the City's industrial area. At Council's suggestion this subject will be included in the Katella
Corridor issue. A complete work program and time schedule will be included with the City
Manager's report in 30 days. The Design Collaborative will assist with the design solutions as well
as vision as to what will be occurring.Councilman Spurgeon suggested that
the City of Anaheim needs assistance as they develop the area which has a
direct impact on the City of Orange. One of these areas is called a Sports Authority which should be
reviewed and discussed with the City of Anaheim. The City should be a part of the
vision and action.Mayor Coontz felt that
the project area should encompass the area alongside the 1-5 Freeway through the Orange
Drive-In.4.REPORTS
FROM COUNCILMEMBERS TAPE 1294 4.1
Councilman Spurgeon - Request to agendize on July 25, 1995 a report from the City Manager on the
pros and cons, including costs, of privatizing the City's asset management of the City's investment
portfolio. Options need to be reviewed for not just one asset manager but Page 12
CITY COUNCIL MINUTES JUNE 13, 1995
4. REPORTS FROM COUNCILMEMBERS (Continued)
possibly two. Areas to be discussed are safety, cost and a check and balance system. The City
already has the Investment Committee, a Treasurer, and the report should include options and
costs of either an outside or inside Investment Manager.
Mayor Coontz indicated she had introduced this last year, but Council was not ready for action
then because it was too expensive. This was why the Investment Advisory Committee was
formed with volunteers. Mayor Coontz suggested the Investment Committee be contacted to find
out their status.
This whole issue was to be placed in ordinance form and the status of this request should be
included in the report. Also, the Finance Director has indicated there are proposed changes to the
ordinance. This should be revIewed as to how these changes will fit into the policy issues of the
City.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.
ADMINISTRATIVE REPORTS TAPE 1449 6.
1 Report on Orange County Investment Pool. (C2500.F)Bob
Bennyhoff, 10642 Morada Dr., remarked at the County Board of Supervisors meeting today they
were told by Soloman that at approximately 11 :00 a.m. bonds were sold in the amount of 278,
000,000 at 6.08% interest.Mayor
Coontz commented this would be the Council's last opportunity to decide if they want to go
from Option A to Option B.The
City Attorney indicated the decision has been delayed with the stipulation from the County to June
16, 1995. Once the liquidity facility is in place then the funds will be transferred to the Pool participants.
Councilman
Murphy indicated the bonds sold today bring the City's portion up to 80%, and four percent
ofthe $28 million is approximately $1,100,000.Carole
Walters, 534 N. Shaffer, commented she heard that the cities have not asked for any property.
All the County is doing is playing around in hopes of getting the tax passed. The County
knew last year before the election they were in trouble, but no one would do anything because
they would not be elected. It was all politics.The
City Manager reported he has been informed by Paul Brady there is a list of property being compiled
and the City will send a list of the parcels that Council has identified.7.
REPORTS FROM CITY MANAGER - None Page I3
CITY COUNCIL MINUTES
JUNE 13, 1995
8.LEGAL AFFAIRS
TAPE 1648
8.1 ORDINANCE NO. 12-
95 An Ordinance of the City Council of the City of Orange amending Title 17 of the
Orange Municipal Code. (A2500.
0)Zoning
Code Carole Walters, 534 N. Shaffer, commented the Planning Commission's June 19th agenda has
an amendment to Title 17. How can the Planning Commission amend Title 17 when the
ordinance has not been adopted by the
Council?The Director of Community Development indicated he is not aware of what is on the
Planning Commission's agenda, but will find out and report to Council and provide Mrs. Walters with
the
information.
MOTION
SECOND
AYES Barrera
Murphy Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved
to continue first reading of Ordinance No. 12-95 to June 27, 1995.
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS
Margo Toth, 3138 Maple, one ofthe investors of the Villa Santiago apartments, asked why the
escrow issue was removed from the June 13th agenda?
The Director of Community Development reported the issue had been tentatively scheduled for
June 20th or June 27, however with mutual concurrence of Forest City Developers, the Council
agenda date has been set for July 11, 1995.
Bob Bennyhoff, 10642 Morada Dr., asked about the status of a closed session item at the Board
of Supervisors regarding the City vs. the Orange County Sheriff.
Mayor Coontz commented the Theo Lacy proposal was approved by the Board of Supervisors.
There will be an announcement regarding this issue after Council's closed session,
Bob Bennyhoff suggested the City watch the County's progress on a study to invest fllnds in the
State's LAIF.
11. RECESS
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Page 14
CITY COUNCIL MINUTES JUNE 13, 1995
11. RECESS (Continued)
The City Council recessed at 5:45 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.
9(a):City
of Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 9718 In
re: the Bankruptcy Petition of County of Orange, U.S. Bankruptcy Court Case No. SA 94-22272 (
Note: Councilman Spurgeon abstained from this item.)In
re: the Bankruptcy Petition of County of Orange, U.S. Bankruptcy Court Case No. SA 94-22273
b.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiator: Interim Personnel Director.Employee
Organization: All Employee Organizations (List Available in Personnel Office).c.
Public Employee Performance Review Pursuant to Contract (Government code Section 54957):
City Manager.d.
To consider and take possible action upon such other matters as are orally announced by the City
Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in Closed Session.7:
00 P.M. SESSION 12.
INVOCATION Pastor
Frank Gearhart, Our Saviors Lutheran Church 12.
1 PLEDGE OF ALLEGIANCE TO THE FLAG Given
by Councilman Mike Spurgeon 12.
2 ANNOUNCEMENTS - Theo Lacy Jail Law Suit The City
Attorney announced the City Council met in closed session with the City Attorney to
consider settlement of the pending case of City of Orange vs. Orange County Sheriff Byunanimousvote, with Councilman Spurgeon abstaining as he has throughout this litigationduetohisemploymentwiththeCountyofOrange, Council approved a settlement of
the litigation and authorized the Mayor to execute a stipulation and judgment and
other documents necessary to implement the agreement. Council also directed the
City Attorney to work with the County Counsel to finalize the documents for filing with
the court.Page 15
CITY COUNCIL MINUTES
JUNE 13, 1995
12. ANNOUNCEMENTS (Continued)
Mayor Coontz announced the following benefits from the settlement which were arrangedbySupervisorSteiner's office, representing one district of the City, the Sheriff and, theCityCouncil:
1. The City avoided the worst case scenario of 4,480 prisoners which could havehappenediftheCityhadcontinuedandnotprevailedinthelawsuitagainsttheCounty.:
2. The settlement brings the total number of prisoners down to 2,986.
3. The City of Orange is getting significant support for economic development,revitalization in the area of The City Shopping Center due to significant funds allocated intheplantoimprovethetrafficcirculationsystem.
4. Funds will be available for park development, to be used by the City of Orange andHCDfundstoaddresstheCity's housing and community development needs includingspecializedseniorandlowincomehousingopportunities,
5. The settlement removes the city's past obligation to relocate the animal shelter which isatgreatcosttotheCity.
6. The right-of-way for Metropolitan Drive, located in The City Shopping Centerarea, is provided to the City of Orange. In addition, to meet the City's needs, theright-of-
way has been widened.7. The jail booking
fees will be waived.8. There are a number of safety assurances for the citizens ofOrangeincluding: Sheriff's patrol of parking structures used for Theo Lacypurposes; maximum security prisoners will be housed in the most secure buildings at Theo Lacy; thereleaseofmaximumsecurityprisonerswillcontinuetobeatthecentraljailinSantaAna, not atTheoLacy; there will be no off-street booking of inmates at Theo Lacy;
and adequate visitor parking onsite.This settlement serves as a compromise. It recognizesthebalancebetweentheeconomicwellbeingofthecommunityandthesafetyofitsresidentswhichisextremelyimportanttotheCouncil. The compromise also keeps us from spending taxdollarstosueoneanother.No community supports the idea of a jail being in theircity. This settlement has addressed all the issues and more that the Council has been concerned withoveraperiodoftime,However, Orange has done its part and any long rangejailsolutionsforOrangeCountyneedtobeaddressedbyothercitiesintheCounty. The CityhascontinuedtohandletheprisonersthroughenlargementofTheoLacyandafterthissettlementtheCitywillnolongercontinuetodothat. The County Board of Supervisorsneedstofindsome
other sites in other cities.The settlement will go to the Orange County BankruptcyCourt, Judge Ryan, for approval and on to
the Superior
CITY COUNCIL MINUTES
JUNE 13, 1995
12. ANNOUNCEMENTS (Continued)
Councilman Spurgeon commented he had been involved with this issue before going toworkfortheCountyofOrangelastJuly. Mayor Coontz, Supervisor Steiner and SheriffGateswerecomplimentedforputtingthistogether. When the bankruptcy occurred thegrouphadtobeginagain. Councilman Spurgeon supports this agreement and thinks it is awin/win for the City and complimented the Mayor, Council and staff on the settlementagreement.
12.3 INTRODUCTIONS
12.4 PROCLAMA TIONS
12.5 PRESENTATIONS
Jack Ferraro, President of the Orange Sister City Association, inlroduced the following guestsfromOrange's Sister City, Novo Kosino, Russia who presented the Mayor and Council with gifts:
Valentina Kulikova, (Vice Mayor) 1st Deputy to SuprefectGalinaVyshegorotseva, M.D., Medical Director - Adult Clinic AlexanderTsaltier, M.D., Medical Director - Child Clinic Vasili Kurochkin, Interpreter Vlacheslav Kulikov,
Director of City Development Department 13.PUBLIC
HEARINGS TAPE 2290
13.1
OLD TOWNE DESIGN STANDARDS The public
hearing to consider the Old Towne Design Standards has been continued from April II andMay9, 1995 in order for the ad hoc committee to present a revised document. (C2300.I)MAYORCOONTZ
REOPENED THE PUBLIC HEARING.The Director
of Community Development reported the ad hoc committee met on May 24th and reviewed allthewrittenpubliccommentscollected. The document was then refined to include the appropriatechangesandwasavailabletothepubliconMay29th. Also, three minor changes have beenincludedwhichwereprovidedbytheMayor; one is a spelling error and the other two are wordchanges, contextual and fabric.A remaining
concern is the 1-1/2 story height limit within the Old Towne area. Both the Zoning OrdinanceapprovedbyCouncilonApril11thandtheOldTowneDesignGuidelinesincludeduplicate1-1/2 story height definition and development standards, The definition of the 1/2 storystatesthatitistheportionofthestructureinwhichthetopfloorareaiswithintheestablishedroofline. The room heights within the 1/2 story space conform to the Uniform Building Coderegulationsforhabitablespace. The building has two floors of habitable rooms but appears as aonestorystructurefromanarchitecturalstandpoint. The 1/2 story may contain dormers.
Page 17
CITY COUNCIL MINUTES
JUNE 13, 1995
13. PUBLIC HEARINGS (Continued)
The proposed height requirements allowed by the current ordinance city wide and the heightrequirementsallowedbytheordinanceadoptedonApril11, 1995 and the Old Towne DesignStandardswasreviewed. In comparison to the set of varied height standards within the OrdinanceadoptedonApril! I th, and in the Old Towne Design Standards, the entire residential area wouldhavea1-1/2 story height requirement. To go beyond1-1/2 story, to build a full 2storybuilding,a conditional use permit (CUP) would be required. There is no RCD
overlay zone.The definition of I-story and 1/2 story is included in the glossary ofbothdocuments (Zoning Ordinance and the OIt
Towne Design Standards).Mayor Coontz recognized
the following speakers:Mike Alvarez, 360 S. Glassell, representing property owners affected bythehistoricdistrict,asked for clarification on Page 17, Section E, describing colors. AretheDesignCollaborativeguidelinesincluded
in this document?The Director of Community Development responded that CounciladoptedtheDesignCollaborativeworkwhichincludesapaletteofcolorsandaslongas proposalsareconsistentwiththatpaletteofcolorsitwouldbeconsistentwiththisdocument. It is notincluded
in this document.Mr. Alvarez continued, Page 17, Section D-2 and Page 26, Section C, NO.8 _ Sashes, both sections are the same. It was requested the word "pre-existing" be included in the sentence,allowing the property owner to have pre-existing aluminumcasements. It is a cost when vandalism occurs and the windows have to be replaced. The
aluminum type can be snapped in.The Director of CommunityDevelopmentreportedpre-existing
conditions have been grandfathered into the document.Carole Walters, 534 N. Shaffer, President ofOrangeTaxpayers, asked with second stories, if someone builds a new house, can they build so it could be a secondstoryoristhisjustforhousesalreadybuilt. What happens to people that already have a housethatwantasecondstorythatdonothavearooftallenoughtoallowasecondfloor. Mrs, Walters further commented that the shall" should be removed from
the document. This word dictates to people.The Director of Community Development responded if someone builtanew1-1/2 story house, it would be allowed. If the space within the attic abovethefirstfloordoesnothaveadequateheighttoallowasecondfloortooccur, a second
story would not be allowed in that structure.Ted Williams, 320 N. Olive, opposed, asked if the1-1/2 story height restriction applied to
the building
CITY COUNCIL MINUTES
JUNE 13, 1995
13. PUBLIC HEARINGS (Continued)
The Director of Community Development responded the Santa Fe Depot area area plan is withintheOldTowneareabutwouldapplyonlytoresidentialuses. If there is some language within thespecificplanwhichwouldestablishdifferentresidentialstandards, it would have to be reviewed.The Santa Fe Depot plan at this time does not have any residential uses considered for the future.
Mr. Williams asked what would be the height restriction at the corner of Palm and Lemon?
The Director of Community Development commented that was originally part of the Santa FeDepotplan, but when Council finally took action, that area was deleted from the Specific Plan andisnotincludedaspartoftheplan. The area is part of the Old Towne zoning restriction.
Mr. Williams commented his area, adjacent to the Santa Fe Depot area plan, was down zonedfromR-4 to R-2, and now in this area multi-story developments are beingallowed. It seems inconsistent that there are additional restrictions along with the floor arearestrictionsplusnewrestrictions. It would be much preferable if there were fewer restrictions onpeople _ to allow them to develop their homes and businesses in this area rather than adding onone
restriction after another.THERE BEING NO FURTHER COMMENTS, MAYOR COONTZCLOSED
THE PUBLIC HEARING.The Director of Community Development explained the City CounciladoptedtheZoningOrdinance, Chapter 17 on April II, 1995 which includes the entirety of theZoningOrdinancefortheCity. There is reference within one section of the Zoning Ordinance to theOldTownearea,which enables the City to adopt the design standards that
are proposed tonight.Council discussion ensued that the Old Towne Design Standards have beenanordinanceforapproximatelytenyears. There was difficulty in interpreting the designguidelinesthroughthedepartments, committees and commissions. The idea to revise the design guidelineswastomakeiteasierandmoreuserfriendly. Whether you are an architect or homeowner, the document is understandable and will tell you exactly what needs
to be done.The document now has consistency with the height restrictions, going with a 1-1/2 story that will provide the same level of security for those with single family dwellings andthedesiretomaintainaconsistencyofasinglefamilyresidenceneighborhood. Also realizing therearethosethatwanttwostorytypedesigns. In certain areas such as R-3 and R-4thatarenotsurroundedbyR-I pieces of property, there maybe some conditionthatwouldallowdevelopmentofsensitivetwostoryfollowingthe
rest of the guidelines without a CUP.Further comments related that there are some areas where theRCDwasremovedinR-3 and R-4 and these areas will have less protection thatbefore. It might be unfair to those people who expect some other type of a remedy. The same standards need to be applied throughout Old Towne and
should be
CITY COUNCIL MINUTES JUNE 13, 1995
13. PUBLIC HEARINGS (Continued)
The City Attorney was asked to explain the differences between an ordinance and a resolution.
Council discussed giving this one year. The Director of Community Development indicated one
year would be a good time frame to test the imposition ofa Conditional Use Permit requirement
to see how successful it will be, one year would be sufficient.
It was asked, if in resolution form, how would it be enforced? The City Attorney explained it is
enforceable because there is the building permit stage which could be held up until all the
standards are approved, as well as DRB and Planning Commission approvals.
The Director of Community Development read from Page 28, under Height and Mass, the height
of new infill and building additions proposing to add to this section: "Within the R-l and
R-2 zones and within the R-3 and R-4 zones when adjacent to single
story residential structures, shall not exceed 1-1/2 story additional height may be permitted subject to
the addition, issuance of a conditional use permit." This same type of language would be
added
to
the
Zoning
Ordinance.MOTION SECOND
AYES NOES
Mayor Coontz Murphy Murphy, Mayor Coontz,
Spurgeon, Slater
Barrera Moved to approve the Old Towne Design Standards as presented with changes to include:
I)The section as noted pertaining to height restriction requirements and the minor
corrections presented to Council; 2) adopt the Design Guidelines as a resolution for one year at which
time the Council will have the ability to review the design guidelines to make any necessary
changes and to place them into
ordinance.
MINUTEORDER-MAYORPROTEMBARRERA I think the guidelines as a document are fine. I will be thinking and looking at it a year
from now when some of these things I am concerned about might be included. For that reason I
think the timing is wrong right now for us to put this on the community. Maybe one year from now
as we smooth it out, I could support it. But I cannot support it at
this time. "14. PLANNING AND ENVIRONMENT -
None 15. ORAL
PRESENTATIONS Frank Gonzales, 153 S. Cypress, asked if Council was considering appointees to the
Design Review
Board.Mayor Coontz indicated under the new Zoning Ordinance the activities of the Design
Review Board changed and Council needs to revisit what those activities are and review the
membership in light of the
changes.Larry Bonham, 332 S. Olive, discussed his views of development and
parks.Page
CITY COUNCIL MINUTES JUNE 13, 1995
16. ADJOURNMENT
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council
adjourned at 9:45 p.m. to an Adjourned Regular meeting, June 20, 1995 at 4:30 p.m. to
consider the 1995/96 Budget and the Orange Redevelopment Agency's Mission Statement, Goals and
Objectives.MARILYN J. JENSEN
MARILYN J. JENSEN,
CMC CITY CLERK 1;/
L l,>,
I ~~7'-<:../{ ,( /
C)~JOANNE C. COONTZ MAYOR
Page 21