07-11-1995 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
JULY II, 1995
The City Council of the City of Orange, California convened on July 11, 1995 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
Given by Councilman Dan Slater
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Adjourned Regular
Meeting June 20, 1995 MOTION - Barrera
SECOND - Murphy AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater ACTION: Approved.Regular Meeting June
27, 1995
MOTION - Murphy SECOND - Barrera AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The
following members
of the Official Old Towne
Steering Committee were recognized:Corinne Schreck, Randy Bosch, Ken Claypool, Charlie Miles,
Will Chambers, Carroll Johnson, Bob Tunstall, Jim Miller, Floyd Higgins, Bill
Cathcart, Bill Utter and Carole Walters Chairman and Former Mayor Don Smith was
out
of town. Mayor Coontz announced he will receive a plaque which recognizes the 16
years of hard work and accomplishments of the Official Old Towne Steering Committee. Time will
continue to honor the foresight,leadership and vision Don Smith provided as chairman
to ensure that Old Towne continues to be a very special place for
generations to come,PAGE 1
CITY COUNCIL MINUTES JULY 11, 1995
1.5 PROCLAMATIONS - None 2.
CONSENT CALENDAR TAPE 261 2.
1 Declaration of Deputy City Clerk, Cassandra 1. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 11, 1995 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.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.2.
3 Request Council approve audit contract services with Ernst and Young for the City and Redevelopment
Agency in an amount not to exceed $75,000.00. (Continued from 6-27-
95.) (A2100.0.Agr.2423)
FISCAL IMPACT: Funds are available in Account No. 100-1201-426300 (
Audit and
Auditing Services).ACTION: Continued to July25, 19<}5 in order to provide staff time
to complete information requested
byCouncil.2.4 CLAIMS FOR DAMAGES FROM: (
C3200.0)a. Chapman University claim
for indemnity b. Lara
Lee Bevington FISCAL
IMPACT: None.ACTION: Denied claims and referred to City Attorney
and Adjuster.2.5 Request for the installation of handicapped parking 'blue curb' in front of St.
Vincent De Paul's, at 422 W. Almond Ave. (S4000.S.3.
1.l)FISCAL
IMPACT: None.
ACTION: Denied.2.6 Request for the installation of a '15 Minute' parking zone in front of the
Palm Market,located at 608 E. Palm Ave. (S4000.S.3.
1.l)
CITY COUNCIL MINUTES JULY 11,1995
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Provided in the Traffic Safety budget utilizing Contractual Services
Account No. 250-
5032-427100.
ACTION: Approved.2.7 Request for the installation of a '30 Minute' parking zone in front of 150 E.
Lincoln Ave.S4000.S.3.
1.1)FISCAL IMPACT: Provided in the Tratlic Safety budget utilizing
Contractual Services Account
No. 250-
5032-427100.ACTION: Approved.2.8 Request for the installation of 'DO NOT BLOCK INTERSECTION'
signs on City Drive South/City Parkway Eastand City Drive South/Metropolitan Drive. (S4000.
S.3.1.1)FISCAL IMPACT: Provided in the Traffic Safety
budget utilizing Contractual
Services Account
No. 250-5032-427100.ACTION: Approved.2.9 Request for the installation of 'red curb' markings
in front of the Smoke Tree Condominium Clubhouse/Recreation area,
located at 2900N.
Cottonwood St.S4000.
S.31.
1)FISCAL IMPACT: None.ACTION:
Denied.2.10 RESOLUTION NO. 8492 A Resolution of the City Council of the City of Orange
authorizing officials of the City to apply for regional bikeway funding under
the Orange County Bikeway and Pedestrian Facilities Program and approving the adoption of a bicycle
and/or pedestrian plan for
the City of
Orange. (B5000.
0)Santiago Creek Bikeway ACTION:
Approved.2. II RESOLUTION NO. 8495 A Resolution ofthe City Council of the City
of Orange approving Lot Line Adjustment LL 95-6 adjusting a Lot Line of certain real property situated at Lots
2 and 3 in Block 4 of the Nutwood Place Tract. Owner:
Larry R.
CITY COUNCIL MINUTES JULY 11,1995
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
2.12 RESOLUTION NO. 8496
A Resolution of the City Council of the City of Orange approving a Lot Line Adjustment
LL 95-5 adjusting a Lot Line of certain real property situated at Parcel 3 and 4 of
Parcel Map No. 95-153. (C2500.M.
16.1)
ACTION: Approved.2.13 RESOLUTION
NO. 8497 A Resolution of the City Council of the City of Orange approving an application
for grant funds from the State of California Department of Conservation to abate the
impact of illegal scavenging of curbside materials. (C2500.M.
1.1)
ACTION: Approved.2.14 Request Council approve agreements with Jose and Ana Galindo, 11271 N,
Colbow, and Oswald and Zlata Kendler, 10432 Orange Park Boulevard; allowing them to
connect their properties to the existing sewer. (A2100.0.Agr.
2427 & 2428)FISCAL
IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.2.15 Request Council approve agreements with Abner and Gwendolyn Wiley,
15611 Cully Drive, and Terry and Luanna Zlateff, 15552 Cully Drive, allowing them to
connect their properties to the existing sewer. (A21 OO,O.Agr.
2429 & 2430)FISCAL
IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.REMOVED AND
HEARD SEPARATELY)2.16 Request Council find that public convenience and necessity will be served by
the issuance of an alcoholic beverage license to allow for the on-site sale and
consumption of wine tastes at the Wine Exchange; addressed 2356 N. Tustin Street (a
tenant space within Building K at the Orange Mall). (
PI300.0.2)FISCAL IMPACT: The application fee collected for Conditional
Use Permit 2112-95 offsets the cost of processing the project through
the public hearing process.The Director of Community Development reported this is a finding by
the City Council of public convenience and necessity, and is in association
with an Alcoholic Beverage Control application for the Wine Exchange to be located at the Orange
Mall. There
is
CITY COUNCIL MINUTES JULY 11,1995
2. CONSENT CALENDAR (Continued)
new State law that requires Council to make this finding. This is not an action on the
Conditional Use Permit. It is a finding of public convenience and necessity which
indicates within this particular area it is a high crime area and lhere are a number of other
alcohol licenses existing beyond a certain number which the ABC establishes. If
approved, it would indicate even though those limits are exceeded, it is a unique use that
deserves to be approved in this location.
This company has been in the area as a business for a number of years and has relocated to
the Orange Mall. The company sells wine and has wine tasting.
Barbara DeNiro, 1118 E. Adams, asked the following questions: 1) In the backgroundmaterialonPageIofthePlanningcommissionminutes, they suggested Yon's Markets are
planning to apply for type 42 licenses in approximately 20 locations. Von's does this in
conjunction with restaurants and does not have anything going on in their stores. 2) Is
this really a public necessity and convenience? 3) If something happens will they have
their removal of graffiti which is suggested? 4) Will they be requesting special events? 5)
Will they have signage to attract business? 6) They suggest there are three other stores
such as this; where are the two other stores located in Orange County? 7) How many
tastes of wine are allowed and is it with cheese? 8) How many people does it hold? 8)
There are no architectural plans, just rough sketches of the new room.
The Director of Community Development reported there are other City and State
regulations the operator will have to comply with regarding signs and special events within
the City. There is nothing prohibiting them from applying for what they are entitled to by
City and State regulation. It is normal, for this type of application in an existing facility,that there would be a sketch type of exhibit supplied along with the application. Drawingswillberequiredbeforebuildingandotherpermitsareissued, This item is strictly for the
public convenience and necessity. There has already been a public hearing before the
Planning Commission which is the only hearing required for the Conditional Use Permit.
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.
17 Request
Council approve a contract between the State of California and the City to allow Orange Police to
perform traffic control during construction of the 55 freeway.A2100.0.Agr.
2431)FISCAL IMPACT: State
agrees to reimburse the City up to $42,000 for services.ACTION: Authorized Mayor
and City Clerk to execute on behalf of the City.Page 5 T
CITY COUNCIL MINUTES JULY 11, 1995
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Item 2.16
was 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 479 3.1 Ratify
the following Council Ad Hoc Committees:a. Villa Santiago
Apartment Ad Hoc Committee (ORI800.0.1.12)Councilmen Murphy and
Slater b. Satellite Market
Ad Hoc Committee (ORI800.1.l3)Mayor Coontz and
Councilman Spurgeon c. Abandoned Grocery
Carts Ad Hoc Committee (OR1800, I. I I)Mayor pro tem
Barrera and Councilman Slater MOTION SECOND AYES
Barrera
Murphy
Murphy,
Barrera, Mayor
Coontz, Spurgeon,
Slater Moved to ratifY the Council ad
hoc' committees and appointments,4. REPORTS FROM COUNCILMEMBERS Councilman Slater
asked if a precedent
had been set in previous years or a reason why the Council hears Traffic Commission issues on
the Consent Calendar unless they are being appealed.It was suggested staff time could
be saved.The Traffic Engineer remarked it has
been tradition that Traffic Commission issues be listed on the Consent Calendar. However, the establishment
of posted speed limits require Council action.If Council wishes other requests such
as red curbs to be handled administratively, this would be possible.The City Attorney commented the
ordinance
would have to be changed,Mayor Coontz instructed this request to
be agendized for July 25, 1995 Council meeting,Page 6
CITY COUNCIL MINUTES JULY 11,1995
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 502
5.1 Disband the following committees:
El Toro Reuse Planning Authority (ORI800.0.3.18.1)
Affordable Housing Plan Task Force (ORI800.0.25.1)
MOTION
SECOND
AYES
Approved.
Spurgeon Barrera
Murphy, Barrera,
Mayor Coontz. Spurgeon, Slater 5.2 Reappoint
Gary Wann to the Orange Elderly Services, Inc. Board of Directors, term to expire 6/
30/97. (OR1800,O.21)MOTION SECOND AYES
Approved.
Spurgeon
Barrera
Murphy,
Barrera, Mayor
Coontz, Spurgeon,
Slater 5.3 Reappoint the following members
to the Staff Home Improvement Committee, term to expire 6/30/97, (OR1800.0,
8.3.2)Kenny Eckman John Mahony Debbie Klein
Steve SmIth
Jim Brogan
Jess Garcia
Ross Seymour
MOTION SECOND
AYES Approved.
6.Murphy
Barrera
Murphy,
Barrera,
Mayor
Coontz,
Spurgeon,
Slater ADMINISTRA
TlVE REPORTS TAPE 533 6.1 Report
on Orange County Investment Pool, (
C2500.F)The City Manager commented there has not been
any information directly from the County.However there have been many articles in the
newspaper. Looking ahead, the 20% still owed the Page 7
CITY COUNCIL MINUTES JULY 11, 1995
6. ADMINISTRATIVE REPORTS (Continued)
City will be owed the City for a long time. The trading ofland for what the County owes the
City, pursuant to the County's attorney, is totally out of the question.
6.2 Report from Director of Community Services regarding the Energy Retrofit of City
Facilities, (C2500.J.3)
The Director of Community Services recommended that the City enter into an agreement with
Aircon Energy Services, Inc. to conduct a thorough audit of the mechanical and lighting systems
in each of the City's facilities, and to ascertain what the issues and concerns are and how to
address these problems.
The Community Services Manager reported on the following three recommendations: 1) retain
Aircon Energy Services, Inc. to perform the energy audit for all mechanical and lighting systems
in all City facilities; 2) direct staff to negotiate the engineering services not exceed a cost of
40,000; and 3) direct staff to return to the City Council with the energy audit findings, including
firm project costs, energy savings and financing plan for City Council approval to enter into a
contractual agreement between the City and Aircon Energy Services, Inc. for the municipal lease
financing and project design/construction,
The City obtained three feasibility proposals from Southern California Edison's Envest Division,
Eastern Utilities Cogenex Corporation and Aircon Energy Services, Inc. The proposals identified
potential energy savings through the retrofit of mechanical and lighting systems. Staff identified
the following goals of the project as follows: 1) reduce the annual energy costs; 2) reduce the
annual maintenance costs for system repairs; 3) upgrade mechanical and lighting systems to
replace old, existing systems and thereby improve working conditions for City employees; and 4)
finance the engineering and system improvements at no expense to lhe City.
The energy firms will do engineering sClvices and evaluate the systems. guaranting savings which
would be used to pay the debt service for the system the City would purchase. In this case,
Aircon has identified preliminarily that the costs of the system improvements would be
approximately $450,000. These costs would be spread over a seven year period. Each year these
costs would be paid through energy savings that they would guarantee through the audit.
If Aircon does not guarantee savings, the City would not be obligated to pay the $40,000 for
engineering services. If the savings are guaranteed, the City would proceed to the next phase
returning to Council, identifYing the findings of the energy audit and proceeding to financing.
Council discussion ensued that concerning the assumption that if the program is approved, all the
costs, including engineering services costs, would be amortized and paid through the savings
realized by installing the equipment. With this type of approach, all the investments would be paid
for by the savings.
Page 8
CITY COUNCIL MINUTES JULY 11,1995
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Murphy
Mayor Coontz Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
approve Item 6.2 as recommended.7.REPORTS
FROM CITY MANAGER TAPE 995 7.1
Status Report on the Katella Corridor Project. (R3500.0.7)The City
Manager announced the report sets forth a timeline for the City to accomplish the project by
October. It is an aggressive timeline but it can be accomplished. In terms of meeting with Anaheim,
discussions have been held with the Director of Community Development and City Manager. The
City of Anaheim representatives see their plan being made public by the end of the year.The
Director
of Community Development indicated the project is making progress and focusing on a
Northwest Study to the Katella Avenue Corridor. This is considered a priority. The background work
is nearly completed and staff is prepared to move forward. Discussions have occurred with
Anaheim. Staff can obtain the information Council desires and present it before the Planning Conunission
and Council prior to Anaheim surfacing their specific plans for the Stadium area.Mayor
Coontz
emphasized the importance that progress reports be presented to Council as the projects move
ahead. The issues of what type of attractions the City will emphasize is extremely important to
Council as it relates to how this will fit in with their visions of the area.The City
Manager announced the progress reports will be presenled 10 Council once a month.The Public
Works, Community Development and Redevelopment Departments are involved in this project.
The Design Collaborative is also working on the project.Mayor pro
tem Barrera asked what the term Katella, the "smart street" meant?The Director
of Community Development explained it was a term used County-wide and meant traffic
enhancements.Barbara
DeNiro, 1118 E. Adams asked what tourist schlock meant in the report? Also, will there be
gambling activities as indicated in the staff report?Mayor
Coontz indicated the progress reports presented to Council will go into more detail.Page
9
CITY COUNCIL MINUTES JULY 11, 1995
7, REPORTS FROM CITY MANAGER (Continued)
MOTION
SECOND
AYES
Barrera Murphy
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to receive
and file.8.LEGAL AFFAIRS
TAPE 1211 8.1 RESOLUTION
NO. 84118 A Resolution of
the City Council of the City of Orange approving and adopting historic preservation design standards
for Old Towne. (Continued from 6-27-95.) (C2300.I)Mayor
Coontz announced the ad hoc committee of herself, Councilman Murphy and Planning Commissioner
Bill Cathcart met yesterday to discuss an amendment presented by Councilman Murphy.
The Director of Community Development read the following amendment, Chapter 5 (P.28):
b.
Height and Mass 1)
The height of new infill and building additions within the R I and R2 zones shall not exceed one
and one-half stories. Two stories may be permitted subject to issuance of a conditional use
permit.
2) The height of new and infill construction and building additions within the R3 and R4 zones
shall be as follows:
Properties currently developed with a 2-story residential
structure may add-to or rebuild the property 10 a 2-
story height limit.Properties currently developed with a one or one and
one-half story residential structure, and are adjacent to a one or one
and one-half story residential structure, may add-to or rebuild the property
to a one and one-half story height limit. Properties are
considered adjacent when they share any portion of a common boundary, meet at any
point or are separated only by a private right-of-way, or
a public right-of-way less than 36 feet in width.
Properties limited to a one and one-half story heighllimit may request
additional height
to two stories subject to the issuance of a Conditional Use Permit.3) All new
two-story residential construction shall be designed to minimize the impact on the privacy
of adjacent properties. Design should employ features such as frosted glass and clear story windows to
minimize visual intrusion from secondstory windows and shall limit the
use of
CITY COUNCIL MINUTES JULY 11,1995
8. LEGAL AFFAIRS (Continued)
4) Cantilevers, as architectural
elements....
Mayor Coontz commented each committee member had a different perspective. Commissioner
Cathcart felt there was the opportunity for too many Conditional Use Permits and that the
committee was trying to simplifY the entire process of the design guidelines. Mayor Coontz's
point was if there is a Conditional Use Permit, there needs to be criteria established regardingthosequestionspertainingtosecondstorywindows, privacy, etc.
Councilman Murphy indicated his goal was to make sure the design guidelines, in terms of the
resolution, accurately reflected the public hearing and the decision made at that time. This
amendment does on the basis of a combined effort from the Ad Hoc Committee with input from
staff.
Carole Walters, 534 N. Shaffer, President of the Orange Taxpayers, asked if a person lives in an
R-3 or R-4 Zone and there is a 2-story house next door, can the homeowner build a
2-story, or do you have to have 2-stories all
the way around the area?The Director of Community Development indicated the only time a CUP
is required is if the property owner is I-story and there is a 1-1/
2 story or I-story next to you.Mrs. Walters indicated her home is a 1-
1/2 story and asked
if she could build?The Mayor indicated she could,Councilman Slater gave the following comments: "I have a big concern with changing this from what Council had previously agreed to in terms of, if you
still have a I story adjacent or 1-1/2 story in an R-3 or R-4 area, that a I story or ] -
1/2 story resident is not going to receive a CUP. I personally have nothing against them being able
to build thai, but I feel the neighbor has a right to know if that kind of
intrusion is being proposed for their property. Too many times I have received calls from frantic people who
do not know what is going on until the structure starts to go up and nothing can be done. I
feel they deserve to have a notice, at least knowledge, that such a proposal is being made
especially when that building will only be five feet from their rear property line. If you already have a
front two-story, I can see some logic to this. But the front two story might be a relatively
small home with what a person can build in their rear yard which could be extremely intrusive,
particularly if the City requires that the grade be raised so that the
property drains to the street. This adds to the height of the building.I would like to see that portion left that as
long as there is an adjacent 1 or 1-1/2 story that there be a CUP and the
adjoining neighbor be notified, It's in lhe best interest of Old Towne and definitely in
the
best
interest
of
the
community and the
neighborhood, 11 protects the little
guy,"MOTION SECOND
AYES NOES
CITY COUNCIL MINUTES JULY 11,1995
8. LEGAL AFFAffiS (Continued)
That Resolution No. 8488 be adopted and same was passed and adopted by the preceding vote.
8.2 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)This Comprehensive Zoning Code Update incorporates Title 17 (Zoning Ordinance) into
the Orange Municipal
Code.Continued from 6/13/
95.)
MOTION
SECOND
AYES Spurgeon
Slater Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 12-95 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.8.
3ORDINANCE NO. 13-95
An Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal
Code by adding Chapter 2.49 pertaining to the City's Statement ofInvestment Policy. (A2500.0)
MOTION
SECOND
AYES
Barrera Murphy
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
13-95 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, remarked that in the Old Towne area on South Shaffer Street near Chapman
Avenue by the Real Estate Office there are two rose bushes and flowers in the parkway. Why
isn't the City doing something about this since trees are supposed to be in the parkway?Also,
why
hasn't something been done about the tables and chairs encroaching onto the sidewalk at Watson'
s Drug Store. This happens on the weekends. Mrs, Walters also indicated she almost fell on
one of the A-frame signs in the down town area that also encroach onto the sidewalk.People
in wheelchairs cannot get through the sidewalks because of the tables and signs.Page
12
CITY COUNCIL MINUTES JULY 11, 1995
10. ORAL PRESENTATIONS (Continued)
The Director of Public Works reported the tree ordinance which includes parkways is being
reviewed by a committee at this time. The problem with the rose bushes instead of a parkway tree
will be investigated.
The Director of Community Development responded that the City has had conversations with the
owner of Watson's Drug Store and he is in the process of obtaining encroachment permits and are
making every effort to not block the sidewalk. The situation will continued to be monitored.
The City Attorney opined that any time there is a dangerous condition on public property, the
City is responsible for correcting that. However, the City Attorney was not sure ifthis was a
dangerous condition. If it is on public property and deemed to be a dangerous condition, there
would be liability factors the City would have to assume.
Mayor Coontz instructed the City Manager and Director of Community Development to report
back to Council regarding this situation.
Barbara DeNiro, 1118 E. Adams, asked if grocery carts with ice chests similar to push carts were
allowed in the neighborhoods?
Mayor Coontz indicated push carts are not legal.
Mrs. DeNiro further commented that a huge tree limb fell from her neighbor's parkway tree
recently. Ms. DeNiro thanked the City crews that picked up the limb this morning at 8:00 a.m.
11. RECESS
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that there
is an immediate need to add the following item to Closed Session by the above vote, and this
need came to Council's attention after the posting of the Agenda: Conference with the City's
Real Property negotiator under Government Code 54956.8, property located at Villa Santiago Apartment Complex
at Prospect and Bond, Negotiating Parties: John Macuda, Agency Executive Director, Negotiations:
Price and terms of payment.MOTION SECOND AYES
Murphy
Mayor
Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater The City Council recessed at 5:
55 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - anticipated
litigation pursuant to Government Code Section 54956.9(a).Page 13
CITY COUNCIL MINUTES JULY 11, 1995
11, RECESS (Continued)
City of Orange vs, James Daum, ,et ai" Orange County Superior Court Case No. 73-
86-30.b.Conference with Legal Counsel - anticipated
litigation.Significant exposure to litigation pursuant to Subdivision (
b)of Section 54956.9 of the Government Code: (one
potential
case).c. 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)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 Dr. Oesch, St. John's Lutheran
Church 12.1 PLEDGE OF ALLEGIANCE TO THE
FLAG Given by Councilman Dan
Slater 12.2 ANNOUNCEMENTS - None
12.3 INTRODUCTIONS - None 12.
4PROCLAMATIONS - None 12.5
PRESENTATIONS - None 13. PUBLIC HEARINGS
13.1 LANDSCAPE
MAINTENANCE DISTRICT NO. 82-1, ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS, CITY OF ORANGE:Time set
for a public hearing on petition by the City of Orange to take proceedings to provide for the annual
levy of assessments for the next ensuing fiscal year and to provide for the costs and expenses necessary
to pay for the maintenance of the improvements in Landscape Maintenance District No.
82-1, which is located westerly of Meats Avenue in the vicinity ofMarywood and Shadowridge
Streets, Tract 10486. (L1200.0)Page
14 T
CITY COUNCIL MINUTES JULY 11,1995
13. PUBLIC HEARINGS (Continued)
NOTE: Fiscal Impact - The total assessment for 1995-96 is $13,800. All district costs are funded
from assessments and there is no impact to the General Fund.
Mayor Coontz announced this is the time and place for the public hearing related to the levy of
annual assessments for costs of maintenance and improvements for Landscape Maintenance
District No. 82-
1.The Deputy City Clerk announced the notice was given in the manner and form as required by
law and a Certificate of Compliance is on file and open for public
inspection.The City Engineer reported the formula for assessing this area was eSlablished a few yearsagoandbecause75% of the maintenance is on the westerly slope, 50% of the costs of the total
district are assigned to those 10 lots that front that right-or-way. The remainder of the
costs are picked up by the 46 homes within the tract. The formula is the 10 lots will pay an
annual assessment of 690.00 per year and the 46 lots will pay $150.00 per year. The assessment is a total
of$I3,800 and this is the third year in a row that it has remained
at that level.The City Engineer announced there have been
no formal protests.MAYOR COONTZ OPENED
THE PUBLIC HEARING.No one spoke in favor
or
in
opposition.
MOTION
SECOND AYES
Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater Moved to close the public
hearing.RESOLUTION NO.
8493 A Resolution of the City Council of the City of Orange confirming the diagram and
assessment and providing for the levy of the annual assessment for Special Maintenance District No.
82-
1,
MOTION
SECOND AYES
Murphy Barrera
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That
Resolution No. 8493 as introduced he adoPled and same was passed and adopted by the preceding
vote.Page
15
CITY COUNCIL MINUTES JULY 11,1995
13. PUBLIC HEARINGS (Continued)
13.2 LANDSCAPE MAINTENANCE DISTRICT NO. 86-2, Al'!NUAL LEVY
AND COLLECTION OF ASSESSMENTS, CITY OF
ORANGE:Time set for a public hearing on petition by the City of Orange to take proceedings to provide
for the annual levy of assessments for the next ensuing fiscal year to provide for the costs
and expenses necessary to pay for the maintenance of the improvements in Landscape
Maintenance District No. 86-2 within the Upper Peters Canyon Specific Area (Santiago HIlls). (
L1200.0)NOTE: Fiscal Impact - The total assessment for 1995-96 is $397,553. All district
costs are funded from the assessments and there is no impact on the
General Fund.MAYOR COONTZ OPENED THE
PUBLIC HEARING.The City Engineer reported the expenditures for 1995/96 are projected at $505,000
The basis for the assessment is that the single family homes which have a higher per capita
occupancy than the condominiums pay proportionately greater share because it represents open space. The single family detached cost is $297.17 and the condominium unit cost is $178.30. This is thethirdyear
without change.The City is undertaking additional landscape maintenance within the next few months.
The costs will go up and the reserves will go down, The fund balance can be kept within
the recommended limit for this year. Next year there might be
an increase.It was recommended the assessment of$505,OOO be implemented for the coming year. At
the end of the year, it is projected to be $549,000 and there will be some decline of the reserve.
As a result, most of the homes will be developed by the end of this year and most ofthelandscapingwillhavebeencompletedandthetotalmaintenancecost
will stabilize.No formal protests
were received.Mayor Coontz asked if the medians and landscaping work included Jamboree Road? The City Engineer
indicated yes.No one spoke in favor or
in
opposition.
MOTION
SECOND AYES
Murphy Spurgeon
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to close the public hearing, ,RESOLUTION
NO. 8494 A
Resolution of the City Council of the City of Orange confirming the diagram and assessment and
providing for the levy of the annual assessment for Special Maintenance District No. 86-2.
Page 16
CITY COUNCIL MINUTES JULY 11,1995
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Murphy Mayor
Coontz Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Resolution No.
8494 as introduced be adopted and same was passed and adopted by the preceding vote.14.
PLANNING AND
ENVIRONMENT 14.1 DESIGN
REVIEW BOARD APPEAL No. 2-95, B. LANCE MILLER, (DRB No,3057): (A4000.
0)NOTE: Councilman
Slater left the podium on this issue due to a conflict of interest.Council consideration
of an appeal concerning a decision to deny proposed modifications to the facade of
a building in the Plaza Historic District, Old Towne and C-l (Limited Business)Districts.
The building is addressed 132-140 S. Glassell Street.
The Director of Community Development reported lhis building is in the process of having its
structural upgrading as it is an unreinforcedmasonry building. As part of the process it was
necessary to drop in two steel I-beams. These beams were required to be in front of theglassstorefront. The issue is how to treat these I-beams. The Planning Commission
suggested there be some wood cladding of these I-beam structures. The applicant is proposing to
return in 6-12 months and do a more comprehensive upgrading consistent with the Design
Guidelines of all of the store fronts on the front of the building, Planning Commissionrecommendsapprovalwiththethreeconditionslisted
in the stall' report,Mike Van Volkom, Westhill Management Company, agreed with
the
three
Planning
Commission
conditions.
MOTION SECOND
AYES ABSENT
Spurgeon Barrera Murphy, Barrera, Mayor Coontz,
Spurgeon Slater
Moved to uphold Design Review Board Appeal No. 2-
95.NOTE: Councilman Slater returned to the
podium.Page
CITY COUNCIL MINUTES JULY 11, 1995
15. ORAL PRESENTATIONS
Eileen Hertfelder, 720 E. Culver, asked if the Design Review Board had decided if a person can
use other than just a solid wood or plywood door for garages?
The Director of Community Development indicated he would check on the specifics and get back
to Mrs. Hertfelder with the findings.
16. ADJOURNMENT
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City
Council adjourned at 7:50 p.m. to an Adjourned Regular Meeting, Tuesday, July 18,1995 at
4:30 p.m. in the Weimer Room regarding Redevelopment Finances.MARILYN J.
JENSEN MARILYN J.
JENSEN, CMC CITY CLERK
G44 ~ ~ Gti1/'
AAX
CASSANDRA J. d.
THCART, CMC DEPUTY CITY CLERK
Page 18