HomeMy WebLinkAbout2_11_2003 - Council MinutesAPPROVED BY CITY COUNCIL ON FEBRUARY 25, 2003
CITY COUNCIL MINUTES ORANGE, CALITORNIA
OF A REGULAR MEETING February 11, 2003
The City Council of the City of Orange, California convened on February 11, 2003 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman A venue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Dr. Stan Smith, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation was
presented to Anthony Nowak, Branch Manager for Wescom Credit Union, as
Central County ROP Business Leader of the Year 2003.2. PUBLIC
COMMENTS - None.3. CONSENT CALENDAR
All items on
the Consent Calendar are considered routine and are enacted by one motion approving the recommended
action listed on the Agenda. Any member of the City Council, staff or
the public may request an item be removed from the Consent Calendar for discussion or
separate action. Unless otherwise specified in the request to remove an item from the
Consent Calendar, all items removed shall be considered immediately following action on
the remaining items on the Consent Calendar.3.1 Declaration
of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a
regular meeting of February 11, 2003 at Orange Civic Center, Main Library at 101
N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,summarized on Time-
Warner Communications and available on the City's Website www.cityoforange.
org, all of said locations being in the City of Orange and freely accessible to
members of the public at least 72 hours before commencement of said regular meeting.
ACTION: Accepted
Declaration of Agenda Posting and authorized its retention as a public record
in the Office of the City Clerk.PAGE 1
r
CITY COUNCIL MINUTES February II, 2003
3. CONSENT CALENDAR (Continued)
3.2 Request Council Confirmation of warrant registers dated January 16, 23, 30, 2003.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting January 28, 2003.
ACTION:Approved with corrections.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.5 First Amendment to Attorney Services Agreement with the Law Firm of Woodruff,
Spradlin and Smart for personnel legal services. (A2100.0 AGR-2886.V.A.
l)SUMMARY: The City entered into an agreement with Woodruff, Spradlin and Smart
to provide personnel legal services. The proposed First Amendment will increase the not
to exceed amount from $30,000 to $85,
000.ACTION: Approved and authorized the Mayor and City Clerk to execute the
proposed contract with Woodruff, Spradlin and Smart for a total sum of$85,
000.FISCAL IMPACT: Sufficient funds are available in Legal Services Account No.
100-
0301-426111.3.6 Project No. 5324 - Award of Professional Services Agreement for Taft Avenue
and Glassell Street Storm Drain Improvements. (A2100.0
AGR-4216)SUMMARY: This agreement authorizes the Consultant to provide
field surveying,geotechnical, and preparation of plans, specifications and cost estimate for
the Taft A venue and Glassell Street Storm
Drain Improvements.ACTION: Approved agreement with Kabbara Engineering in an amount not
to exceed 38,060.00 and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds are budgeted in
following accounts:530-5011-483400-
5324 $135,500 (Drainage District)550-
5011-483400-5324 $
100.500 (OCSD Grant
Funds)Total $236,000 REMOVED AND HEARD SEPARATELY)3.7 Project
No. 3023-Award of Professional Services Agreement for
Chapman AvenueIYorba
CITY COUNCIL MINUTES February II, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: This agreement authorizes the Consultant to provide field surveying,
geotechnical and environmental investigation, right-of-way engineering,
and preparation of plans, specifications and cost estimate for theChapman Avenue/Yorba
Street Critical
Intersection
Widening.Discussion Roy Shebazian, 3808 E. Palm, requested this intersection
widening accommodate bicyclists and pedestrians as much
as possible.Mary Dargatz, 2534 E. Burly, spoke on the problems with turning right onto
Yorba
from Chapman.MOTION -
Alvarez SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:
Approved agreement with Thielmann Engineers in an amount not to exceed 60,
410.00 and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL
IMPACT: Funds are budgeted in following accounts:272-
5011-483300-3023 $342,707.00 (Gas
Tax 2105)550-5011-483300-3023 $358.641.
21 (Measure M/OCTA
Agreement)Total $701,348.
21 REMOVED AND HEARD SEPARATELY)3.8 Arterial Highway Rehabilitation Program -
Award of Consultant Services Agreement to KFM Engineering, Inc. for the
design of rehabilitation improvements on Glassell Street from Walnut Avenue to Mayfair
Avenue (
SP-3426). (A2100.0 AGR-4218)SUMMARY: The subject project was approved
for funding under the Arterial Highway Rehabilitation Program in May 2002. This
contract authorizes the design consultant to evaluate the pavement,
recommend rehabilitation measures and prepare plans,
specifications
and cost estimates for bidding.Discussion Roy Shebazian, 3808 E. Palm,
requested this street construction project accommodate bicyclists
and pedestrians as
much as possible.
MOTION - Alvarez SECOND - Cavecche AYES - Ambriz, Alvarez, Mayor
Murphy, Coontz,
CITY COUNCIL MINUTES February II, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract in the amount of $44,953.00 to KFM Engineering, Inc.,
26672 Towne Center Drive #300, Foothill Ranch, CA 92610, and authorized the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following accounts:
262-
5011-
483300-
3224
272-5011-483300-
3224 550-5011-
483300-3224 Total
212,228.00
122,960.00
279.324.00
614,
512.
00 Measure M Turnback Gas Tax 2105 AHRP APPROPRIATIONS 3.9 Appropriation of funds to pay $
4,251.58 to the Metropolitan Water
District of Southern California for services rendered. (C2500.H)SUMMARY: The
Metropolitan Water District of Southern California invoiced the Fire Department for the relocation of water
pipe equipment
to make room for Fire Station #8 Cannon Street).ACTION:
Appropriated Fire Facilities AREA C funds as follows:
562-3021-427800-2683 (Other Contractual services) - $4,252.00.FISCAL IMP ACT: This project
will be funded by Fire Facility Fee Area C. Currently
there
is sufficient funding in this Fire Facility Fee Area.BIDS 3.10 Project
No. S.P. 3373; Grijalva Park Improvements (Volleyball and Basketball Courts).
Approval of plans and specifications, and request
for authorization to advertise for bids. (C2500.M.4.20)SUMMARY:
Plans and specifications have been completed for the Grijalva Park Improvements Project. The
project is ready to be advertised for bids. The estimated construction
cost is $
94,900.00 including contingencies (20%), and construction engineering (10%).ACTION: Approved
plans and specifications and authorized
advertising for bids for the Grijalva Park Improvements construction project.FISCAL
IMPACT: Funds are budgeted in the Capital
Improvement Program, Account No. 510-7021-485100-0149 Park Acquisition $299,777.49
3.11 Final Acceptance of Bid No. 012-32; Traffic Signal Improvements
at Various Locations and authorization to file
Notice of
CITY COUNCIL MINUTES February 11, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Bid No. 012-32, Traffic Signal Improvements at Various
Locations.Contractor: Broadband Powering Services, Inc. Staff recommends acceptance
of
improvements.ACTION: Accepted public works improvement; authorized release of Western
Surety Company Bond No. 58599776 in the amount of $311,857.00, and authorized the
Mayor and City Clerk to execute the Notice of
Completion.FISCAL IMPACT:
None.3.12
CLAIMS SUMMARY: The City Attorney recommends that the Orange City Council deny
the following Claim(s) for
damages:a. Betty
Ferrell b. Fabiola de la Cruz
Pineda c. Sharon
Dernate d. Raul
Gonzalez e. Larissa S. Hernandez thru her guardian Gina
Orosco f. Arturo Santamaria
Pedraza g. Rich
Roggenkamp ACTION: Denied Claim(s) for damages and referred to City Attorney and
Adjuster
CONTRACTS 3.13 Award of Contract - Bid No. 023-24; Project No. D-137; Orange
County Sanitation District (OCSD) Cooperative Project - Sacramento Street Storm
Drain Improvements east of the SR-55 Freeway between Katella Avenue
and Garfield Avenue. (A2100.
0 AGR-4219)SUMMARY: The bids were opened on January 14, 2003. Nine (9)
bidders responded to the invitation for bids. The apparent low bidder is Paulus Engineering,
Inc. of Anaheim for $
104,220.00 ACTION: 1) Awarded the contract in the amount of $104,220.00
to Paulus Engineering,Inc., and authorize the Mayor and City Clerk to execute on behalf
ofthe City; and 2) Transferred $45,000.00 from Account No. 530-
5011-483400-5106 (Misc. Storm Drain Reconstruction) to Account
No. 530-5011-483300-5340 (Sacramento Storm Drain)
for construction fund shortfall, contingencies, and construction engineering costs.FISCAL IMPACT: Funds are
budgeted and will be available
upon completion of
the transfer in
the following
accounts:530-5011-
483300-5340 Drainage
Districts 550-5011-
483300-5340
CITY COUNCIL MINUTES February 11, 2003
3. CONSENT CALENDAR (Continued)
3.14 Contract Change Order No.2 to DRP Construction, Inc. for Seismic Strengthening
of the Water Division Pump House, Bid No. 001-20, W-596. (A2100.
0 AGR-3701)SUMMARY: In February 2001, the City entered into a contract
with DRP Construction for the seismic strengthening of the Water Division Pump House at
Water St. and Almond Ave. Additional work has become necessary to preserve
the
existing historic structure.ACTION: 1) Approved Contract Change Order No.2 in the amount of $57,
597.57 to DRP Construction, Inc. for additional work. 2) Approved transfer of $42,
913.57 from Water Capital Fund 601 Unappropriated Reserves into
Account No. 601-8041-481200-
8211 Water Plan Seismic Retrofit.FISCAL IMPACT: Upon approval of transfer sufficient funds
will be available in the Water Plant
Seismic Retrofit Account No. 601-8041-48120-8211.3.15 Final Acceptance of Bid
No. 001-20; Seismic Strengthening of Water Division Pump House and authorization
to file Notice of Completion with the
County Recorder.No staff report required.) (A2100.0 AGR-3701)SUMMARY:
Bid No. 001-20, W-596; Seismic strengthening of
Water
Division Pump House. Contractor: DRP Construction, Inc. Staff recommends
acceptance of improvements.ACTION: Accepted public works improvement, authorized release of Merchants Bonding Company Bond
No. CAC2338 in the amount of $369,760.00, and
authorized the Mayor
and City
Clerk to execute the Notice of Completion.FISCAL IMPACT: None.FEE WAIVER 3.16 Request for
Senior Citizen's Center fee to be waived. (C2500.J.0.l)SUMMARY: The City
is required to charge persons utilizing its facilities a fee for this service. Second Harvest
Food Bank is requesting the use of the Senior Citizen's Center and is further
requesting that all rental fees be waived. This year's volunteer luncheon event is planned for April 12, 2003 from
10:00
a.m. to 3:00 p.m. for 180 persons.ACTION: Approved.FISCAL IMPACT: The
waiver of the rental fees for the Senior
Citizen's
CITY COUNCIL MINUTES February 11, 2003
3. CONSENT CALENDAR (Continued
PARCEL MAP
3.17 Parcel Map No. 2002-162 - Request for approval. (C2500.M.16.2 PM 2002-
162)SUMMARY: Parcel Map No. 2002-162 creates three parcels to accommodate
a new medical
office building.ACTION: Approved the Final Parcel Map No. 2002-162, and
accepted dedication for street purposes of Culver Avenue and Batavia Street as shown on
the Parcel Map.
FISCAL IMPACT:
None.PARK EQUIPMENT REMOVED
AND HEARD SEPARATELY)3.18 Removal of Play Equipment at HartPark (C2500.
M.4.9)SUMMARY: The horizontal ladder and monkey bars at Hart Park, located
south of the new tot-lot play equipment, are non-compliant with
Americans with Disabilities Act and do not meet equipment standards. Staff has determined that
the monkey bars cannot be salvaged, and that the horizontal ladder can only be modified
at an expense greater than its play value by completely altering the character of
the equipment. The Park Planning and Development Commission, at its meeting on January
9,2003, recommended that the two play structures
be
removed from public use.Discussion Councilmember Cavecche stated that although this action
is necessary because of legal and liability issues, for the record, expressed regret that
this nostalgic equipment is being removed and wished
it could somehow
be saved.MOTION -
Murphy SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy,
Coontz, Cavecche ACTION: With regrets, authorized staff to remove the play equipment (
monkey bars and horizontal ladder) from
Hart Park.FISCAL IMPACT: The City will not incur any cost for removal since City staff
will do
the
removal.QUITCLAIM 3.19 Quitclaim of an Encroachment Permit located at the northwest corner
of Chapman Avenue and State College Boulevard. (
D4000.0)
CITY COUNCIL MINUTES February 11, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Quitclaim the City's rights in an Encroachment Permit recorded in 1973 for
a retaining wall that no longer exists.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to F.H.A.
LP, a California Limited Partnership for an Encroachment Permit recorded October 23,
1973 for a retaining wall that no longer exists.
FISCAL IMPACT: There is no fee for this Quitclaim smce by the terms of the
Encroachment Permit the City is obligated to clear title.
RESOLUTIONS
3.20 RESOLUTION NO. 9700 (C2500.M.15)
A Resolution of the City Council of the City of Orange approving an application for
2003-04 grant funds from the Urban and Community Forestry Grant Program
under Proposition
12.ACTION:
Approved.MOTION - Alvarez
SECOND - Coontz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.
7, 3.8 and 3.18 wereremoved and heard separately. All other items on the Consent Calendar
were approved as recommended.END OF
CONSENT CALENDAR 4.REPORTS
FROM MAYOR MURPHY TAPE 420 4.1
Confirmation and reappointment of City Council and Regional Committee appointments; terms
to expire November, 2004 Mayor Murphy
provided a list of appointments to Council committees and asked for support for these appointments.
Cities-Schools
Coordinating Committee Mayor
Murphy/Councilmember Cavecche Council
Legislative Liaison Committee Mayor
Murphy/Mayorpro tem Alvarez County
Sanitation Districts of Orange County Councilrnember
Cavecche/Councilmember Ambriz (Alternate)FoothilllEastern
Transportation Corridor Joint Powers Authority Mayor
pro tem Alvarez! Mayor Murphy (Alternate, after Councilmember Coontz's transition
period)PAGE
8
CITY COUNCIL MINUTES February II, 2003
4. REPORTS FROM MAYOR MURPHY (Continued)
Growth Management Area Committees
Councilmember Coontz/Councilmember Ambriz
Joint Powers Fire Training Authority
Mayor Murphy
Orange County-City Hazardous Materials Emergency Response
Authority CouncilmemberAmbriz/Fire Chief
Alternate Orange County Vector Control
District Councilmember
Cavecche Orange Economic Development Partnership Advisory Committee (Ex-
Officio Members)Mayor Murphy - Second Councilmember attends in
rotation Orange Housing Development Corporation (Ex-
Officio Members)Mayor Murphy /
Councilmember Coontz Orange/Santa Ana-Joint Powers Authority Transportation
System Improvement Authority Councilrnember Coontz /
Councilmember Ambriz (Alternate)Santa Ana River
Flood Protection Agency Mayor
pro tem Alvarez Councilmember Coontz offered her assistance to the Councilrnember being
appointed to the FoothilVEastern Transportation Corridor Agency. Over the last eight years, she has
served as the City's representative to the TCA. During this time, she understood the importance of
her role on this Agency as it pertained to protecting and serving the Orange
community. Through her efforts, Orange has been successful in obtaining services that may have been
overlooked, such as the Community Outreach Program that was developed and carried out in Orange
prior to the opening of the Eastern Transportation Corridor. Of all the cities along the
ETC, only Orange residents were provided community informational meetings by the Agency.
Further, the Agency was also asked to set up mitigation measures to help alleviate any traffic
problems, should they arise, during the first month the ETC was open. As a TCA Board member, she took
her role very seriously and served on numerous sub-committees and has been active
in the current Agency consolidation. The Transportation Corridor Agency has come a long way
and has been an interesting and challenging assignment for
her and personally rewarding.Councilmember Coontz stated that during her term on the TCA, she represented
the City first as Mayor and then as a Councilrnember. It is interesting to note that
Orange has always understood the importance of the TCA by having the direct representative be the Mayor.
Five of Orange's Mayors have served on the TCA. She asked Mayor Murphy to consider
serving on the TCA either as a member or an alternate due to the important role transportation
plays not only in
Orange, but County wide.Councilmember Coontz stated she really did not want to be the alternate on
the TCA and thought it would be very important for the Mayor to be the direct representative
to follow the importance of this issue through all the many years that the Mayors have served, noting
how the City feels about the Transportation Corridor Agency, since the TCA affects the City of
Orange at this time more
than any
CITY COUNCIL MINUTES February II, 2003
4. REPORTS FROM MAYOR MURPHY (Continued)
Mayor Murphy thanked Councilmember Coontz for her service on the TCA, as Orange has been
well represented. He also appreciated Councilmember Coontz' offer to help Mayor pro tem
Alvarez as the new proposed appointee. Mayor Murphy suggested that once Councilmember
Coontz completes the transition with Mayor pro tem Alvarez, Mayor Murphy would replace
Councilmember Coontz as the alternate.
Mayor pro tem Alvarez stated he would like to attend the February meeting of the Orange
County Sanitation District to tie up some loose ends.
Mayor Murphy suggested current Council representatives assist in any transitions necessary for
these committees.
MOTION - Murphy SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to approve
the Council Committee appointments as listed; terms to expire November 2004.4.2
Election
of Mayor pro tem TAPE 580 Mayor Murphy made
a motion to nominate Carolyn Cavecche as Mayor pro tem and it was seconded by Mayor
pro tem Alvarez.Mayor pro tem
Alvarez thanked the Mayor and Council for the opportunity to serve as Mayor pro tem for
the previous two years, but agreed it was time to make a change, and supported the nomination of Carolyn
Cavecche as Mayor pro tem.Councilmember Coontz nominated
Councilmember Ambriz as Mayor pro tem. She stated Councilmember Ambriz is
energetic and serves on various non profit organizations in the community. He works
hard to better the quality of life for all of Orange residents and is known as a caring
and compassionate person. He is consistently willing to help a needy cause. He is well respected in
his professional position with the County of Orange, having worked two years directly for former
County Supervisor Todd Spitzer. In addition, he worked for CHOC and the City of Orange.
Steve is a contagious enthusiast; and his energy and enthusiasm would be an asset ifhe served
as Mayor pro tem.MOTION - Murphy SECOND -
Alvarez AYES - Alvarez,
Mayor Murphy, Cavecche
NOES - Ambriz, Coontz Moved to elect
Carolyn Cavecche as Mayor
pro tem.PAGE 10
CITY COUNCIL MINUTES February II, 2003
5. REPORTS FROM COUNCILMEMBERS
Off Agenda Item
Councilmember Coontz stated she has always been a library supporter. With the recent
rededication of the Taft Library, she was reminded that 30 years ago, she was at the Taft Library
dedication because she worked to get signatures to ask the Council for the Taft Branch Library
which was the first branch library. The City of Orange is very fortunate to have been awarded
over $9 million of the State Library Bond fund to help with the expansion of the Main Library.
This is great news, but the City also needs to raise about $4 million in matching funds. The
City's Library Foundation is doing a great job. When she was Mayor, Councilmember Coontz
took several early steps to help make this project a reality. For one, she made certain the City
purchased the former Bank of America site which will be used as part of the Library expansion.
Further, she made sure that the City made a financial commitment during the budget process to
earmark $500,000 to $2.5 million each year for the Main Library expansion. Therefore, during
her next two years in office, she will devote a major portion of her time to help raise the $4
million needed for the expansion and looks forward to becoming a huge friend and supporter of
the Library Foundation. She has already talked with people involved in the Foundation, and they
are very pleased with this effort.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 755
6.1 Accept resignation of Mark Paone from the Design Review Committee, letter dated
February 2, 2003. (ORI800.0.8.1)
Councilmember Alvarez asked that Mark Paone be recognized with a Proclamation for his work
on the Design Review Committee. Councilrnember Alvarez also suggested the Council now turn
its priorities to filling vacancies on other committees and also review the City Traffic
Commission membership.
Councilrnember Coontz agreed vacancies on other boards, committees and commissions need to
be filled and asked that the entire Council be given the opportunity to interview those interested
in committee membership.
Councilmember Ambriz asked for clarification on committee appointments, noting it was
important for each Councilmember to have their own representative on various committees.
Mayor Murphy noted the Mayor makes recommendations for committee appointments and those
appointments are then confirmed by the Council. Also, historically, the Mayor has allowed each
of the Councilmembers to make a recommendation for the Planning Commission. He noted the
real challenge is finding citizens who have a desire to serve and the skills to do so. He welcomed
ideas for committee appointees.
Mayor pro tem Cavecche noted there are requirements in place for how the appointments are
made.
PAGE 11
T.....----
CITY COUNCIL MINUTES February 11, 2003
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to accept
Mr. Paone's resignation, with regrets, and instruct the City Clerk to begin Maddy Act proceedings.
7.ADMINISTRATIVE REPORTS
TAPE 980 7.1 Report
from City Attorney regarding Hanson Aggregates West. (A4000.0)The City Attorney
provided a report, indicating Hanson has met with surrounding residents and formed a Good
Neighbor Action Plan; the City Attorney's Office has sent a letter to Hanson Aggregates of those
regulations to which the City believes Hanson must conform its operations;and Code Enforcement
has visited the site to determine whether Hanson was operating in accordance with the
regulations set forth in the letter from the City Attorney's Office.Unfortunately, Hanson Aggregates
was not operating during the Code Enforcement visits and, in fact, the rock
crushing apparatus was not there as it is a mobile unit.The City Attorney
stated letters have been received from Hanson and the State and the City Attorney's Office
will continue to study these issues. Code Enforcement will also continue to visit the site
and look at the rock crushing apparatus when it returns to the site. He will continue to update the
Council on any events at the property.Councilmember Coontz asked
about the recent letter from Hanson Aggregates and if it corroborates the report
from the City Attorney.The City Attorney
replied the Hanson letter states Hanson is in general agreement with the regulations that need
to be complied with and outlines how they are complying with those regulations.Councilmember Alvarez
stated
he wanted to know what Code Enforcement found on the property and was
not interested in Hanson's version of what was being done. He stated the report was deficient
and wanted specifics on when this will be resolved. Even without the mobile apparatus at
the site at the present time, there were still other issues Code Enforcement could investigate.Councilmember
Coontz wanted
to ensure that if the report was received and filed, the letter from Hanson Aggregates was
not included in that action.MOTION - Murphy SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche PAGE 12
CITY COUNCIL MINUTES February 11, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Moved to receive and file the report and direct staff to continue its review along with Code
Enforcement as well as prepare a more specific response to the letter, and bring this back to the
Council at the February 25th Council meeting.
8. REPORTS FROM CITY MANAGER - None.9.
LEGAL AFFAIRS TAPE 1365 9.
1 ORDINANCE NO. 1-03 (SECOND READING) (A2100.0 AGR-0281.
15)An Ordinance of the City Council of the City of Orange amending the contract between
the Board of Administration of the California Public Employees' Retirement System and the City
of Orange to Provide the 2.7% @ 55 Retirement Program for the City's Miscellaneous
Employees.MOTION - Cavecche
SECOND - Coontz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that
Ordinance No. 1-03 be read by title only and same was approved and adopted by the preceding
vote.9.
2 ORDINANCE NO.2-OJ (SECOND READING) (A2500.0 Claims)
An Ordinance of the City Council of the City of Orange amending Chapter 3.16 of the Orange
Municipal code relating to filing claims against the City.
MOTION - Coontz SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 2-03 be read by title only and same was approved and adopted by the preceding vote.
10. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS
TO CLOSED SESSION The City
Council recessed at 5 :25 p.m. to a Closed Session for the following purposes:a. Conference
with Real Property Negotiators pursuant to Government Code Section 54956.8:Property: 125-
145 and 164-180 S. Water Street, Orange, CA
Negotiating Parties: City of Orange and Orange County Fire Authority
Under Negotiation: Price and terms of payment
PAGE 13
CITY COUNCIL MINUTES February 11, 2003
11. RECESS TO CLOSED SESSION (Continued)
b. Conference with Labor Negotiators pursuant to Government Code Section 54957.6. City's
Negotiator: Steven Pham Employee Organization: All bargaining and non-represented
groups.c. Public Employee Performance Evaluation pursuant to Government Code Section
54957:Title: City
Attorney 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. PUBLIC
COMMENTS Dorthy Stewart, address on file, representing Keep Orange Clean, asked for enforcement
of existing RV parking codes; and submitted photos ofRV parking
problems.Brian Lochrie, 360 N. Pine, spoke on the proposed sale of the YWCA property and asked
the City to consider purchasing the
property.13.PUBLIC HEARINGS TAPE
1700 13.1 TENTATIVE TRACT MAP 16332, CONDITIONAL USE PERMIT
2420-02,MINOR SITE PLAN REVIEW 233-02 - FIELDSTONE COMMUNITIES, INC. (
T4000.0
TTM 16332)Time set for public hearing to consider a request for a tentative tract map to subdivide a
5.7 acre site and allow for the development of approximately 3 acres with 24
single family residences; to consider a request for a conditional use permit to create a PUD (
Planned Unit Development); and to consider a request for a minor site plan review to create
lots without direct access to a
public street.The project is located at the southeast corner of Heim Avenue and Canal Street and is
zoned R-2-6 (Residential, Duplex, minimum lot size 6,000 square feet), with a General
Plan land use designation of
Low-Medium Density Residential.Note: The environmental impacts of the proposal have been
reviewed per approved
Negative
Declaration No. 1560-99.Discussion The Community Development Director provided the report.
There was a development originally approved for this site several years ago with 49 units. This new development of
24 units is on
a portion
CITY COUNCIL MINUTES February II, 2003
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Cavecche asked that a condition be included to require the developer to provide a
buyer notification statement that the property is close to Tustin Street, which is a truck route, and
also adjacent to the Mall of Orange where trucks are delivering to Wal Mart throughout the
night.
Councilmember Coontz asked about the vacant property to the west and the trees along that
property line. Concern was expressed about the upkeep of the perimeter of the property, and
asked that a condition be included about the upkeep of the trees around the perimeter of the
property.
Councilmember Alvarez asked about visitor parking and the size of the private street.
The Community Development Director stated the development does meet the City parking
standards - each unit is required to have a two car garage with a driveway to accommodate two cars,
with 10 visitor parking spots along the street. Visitor parking will be in those ten street parking
areas or on driveways. The width of the private street does meet the 36 foot street standard,
which is the same as a public street; however, the right-of-way is
different.MAYOR MURPHY OPENED THE PUBLIC
HEARING David Greminger, Project Manager, provided a presentation on the project, reviewing
parking,landscaping and architectural styles. He stated the applicant understands the additional
proposed conditions and is agreeable to
them.Councilmember Alvarez asked about the entry to the development and parking along
Heim
Avenue.Mr. Greminger stated the entry will be enhanced with wall detailing, signage and
embellishment oflandscaping; and parking will be available along the north side
ofHeim.Mayor pro tem Cavecche asked about the landscaping on the south side of the property, and
if the applicant was willing to install double pane windows, additional trees along the Mall side
of the property and enhanced architectural details on the
houses.Mr. Greminger stated it was impossible to determine what the Mall would or would not
allow them to do with landscaping along the Mall side of the property, but they would discuss it
with the Mall management; and the property owners would be responsible for landscaping their
own property along this side. There is a mitigation measure to include enhanced windows and
doors in specified properties and he reviewed the varied architectural details of the
units.Councilmember Ambriz asked about the sidewalks being only on the south side of the
street;water runoff; and future plans for the property to the
west.PAGE
15
CITY COUNCIL MINUTES February 11, 2003
13. PUBLIC HEARINGS (Continued)
Mr. Greminger stated the sidewalks address pedestrian access and it was determined they were
not needed on both sides of the street; there will be catch basins at the end of the property with
an underground storm drain; and he was not aware of any plans for the property to the west.
The Community Development Director stated there were limits to the use of the property to the
west because of its R-2
zoning.Mayor Murphy asked about the length of the driveways, specifically on Lots 21 and
22. .The Community Development Director stated the driveways are 20 feet with a five foot
setback.Mr. Terry Sherry, 6319 E. Abbeywood, St. Paul's congregation president, spoke in favor of
the
project.MAYOR MURPHY CLOSED THE PUBLIC
HEARING Council
Comments Councilmember Coontz stated this property has been vacant for many years, and this is the
first project which addresses the concerns of the neighborhood, with great detail and style, and will
be a positive addition to the neighborhood and the community. She also appreciated the applicant'
s willingness to accept the comments from the
Council.Councilmember Alvarez agreed it is an excellent project and commended the Design
Review Committee for their work on this
project.Mayor pro tem Cavecche complimented the project and the presentation; and wanted to
ensure conditions were included about noise mitigation measures and the disclosure statements
about the truck
traffic.Council
Action MOTION - Alvarez
SECOND - Coontz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to
approve Tentative Tract Map 16332, Conditional Use Permit 2420-02 and Minor Site Plan
Review 233-02 as outlined in Planning Commission Resolution No. PC 07-03 with
the added conditions that the perimeter landscaping to the west along the outside of the project
be addressed, specifically for continual upkeep in the Homeowners Association; and to require
the developer to provide a buyer notification statement that the property is close to Tustin
Street,which is a truck route, and also adjacent to the Mall of Orange where trucks are delivering
to Wal Mart throughout the night; and add double pane windows to mitigate
noise.PAGE
CITY COUNCIL MINUTES February 11, 2003
13.PUBLIC HEARINGS (Continued)TAPE 3230
13.2 TENTATIVE TRACT MAP 16443 - GUTHRIE DEVELOPMENT COMPANY T4000.
0 TTM 16443)Time
set for public hearing to consider a request for a tentative tract map for condominium purposes
to allow the individual sale of tenant spaces within a multi-tenant industrial building.
The project is located at 604 through 648 N. Eckhoff Street, and is zoned M-I (Light
Industrial)with a General Plan land use designation of! (
Industrial).Note: This project is categorically exempt form the provisions of the California
Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 et
seq.The Community Development Director provided a report. This is a proposal to subdivide
an existing multi-tenant industrial building to sell individual units. In response
to Council questions, she stated that given the standards the project was originally built to, the
project does meet all current standards. There will also be no structural changes to the
proj ect.MAYOR MURPHY OPENED THE
PUBLIC HEARING Mr. John O'Brien, Guthrie Development, reviewed the project, stating they are
proposing this because of the need for small industrial buildings and because of real estate prices.
It was originally built
in 1977.MAYOR MURPHY CLOSED THE
PUBLIC HEARING MOTION -
Alvarez SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved
to find that this project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per CEQA Guidelines Section 15305 et seq.MOTION -
Alvarez SECOND - Coontz
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved to approve Tentative
Tract Map 16443 as outlined in Planning Commission Resolution No. PC 05-03.
TAPE 3500 13.
3 GENERAL
PLAN AMENDMENT NO. 2002-0002, ZONE CHANGE NO. 1214-02,CONDITIONAL
USE PERMIT NO. 2428-02, MAJOR SITE PLAN REVIEW NO. 259-
02,MITIGATED NEGATIVE DECLARATION NO. 1704-02 - ORANGE
HOUSING DEVELOPMENT CORPORATION (CITRUS COMMUNITY
APARTMENTS)C2300.E. GPA
2002-0002)Time set for public hearing to consider a request for construction of a
29-unit multi-family affordablehousing development, on 1.45 acres, to provide housing for low
and
CITY COUNCIL MINUTES February 11, 2003
13. PUBLIC HEARINGS (Continued)
residents, upon property located at the northwest corner of West Chapman Avenue and Citrus
Street (1103 W. Chapman Avenue).
General Plan Amendment No. 2002-0002 to change the existing land use designation
from General Commercial (GC) to Low Medium density Residential (
LMDR);Zone Change No. 1214-02 to change the existing zoning from General Business (C-
2) to Multi
Family Residential (R-3);Conditional Use Permit No. 2428-02 to allow the density bonus
under the R-3 zoning category
as well as additional development incentives;Major Site Plan Review No. 259-02 to allow development
of more than
6 residential units on one parcel ofland;Mitigated Negative Declaration No. 1704-02
has been prepared for this project in accordance with the provisions of the
California Environmental Quality Act
per
State CEQA Guidelines Section 15070 et seq.Discussion Councilmember Alvarez stated because he owns property at
147 S. Lime, he had asked the City Attorney to investigate any potential financial impact to
the company he works for. He did this to make a reasonable inquiry into whether there is a
conflict of interest rule. The City Attorney's office ordered an appraisal of the property
on Lime Street, looking at any potential financial impact. In looking at the appraisal and in
discussions with the City Attorney, he stated that,regrettably, he needed to
step down due to the conflict of interest.The City Attorney explained that City
Councilmembers are under an obligation to vote unless there is a legal reason why they can not.
Under conflict of interest rules adopted by the California Fair Political Practices Commission, if
a Councilmember has a financial interest in a property that is within 500 feet of a project, if
that project will have any financial impact, either positive or negative, that Councilmember is
required
to conflict out and abstain from the decision.Councilrnember Alvarez stated that, regrettably,
as much as he wants to support the neighborhood that's at the meeting tonight, he had to
step down and protect the integrity of the office in terms
of conflict
of interest; and left the dais.Staff Reoort The Community Development Director
reviewed the various applications for this project. She stated West Chapman is an area that
was reviewed for the possibility of integrating some residential along that street. The Housing Element
also talks about the West Chapman area and about opportunities to look for segments along
Chapman where it may be appropriate to either do mixed use or residential development in response
to
the need
CITY COUNCIL MINUTES February 11, 2003
13. PUBLIC HEARINGS (Continued)
The Community Development Director explained a density bonus can be granted for affordable
housing projects which would allow for an additional seven units on this project than would
normally be allowed under the Low Medium Density Residential land use designation; and for a
waiver of the amount of covered parking spaces. The Community Development Director also
reviewed a letter received from an attorney representing a nearby resident, which outlined
concerns including density, parking and traffic, lighting, landscaping, safety and school impacts.
The Economic Development Director reported the Redevelopment Agency would like to
contract with the Orange Housing Development Corporation to use housing set aside funds to
build these 29 units. State mandates that the Redevelopment Agency spend 20% of all property
tax increments received on affordable housing.
The Economic Development Director stated in 1999, West Chapman was designated as a site for
multi family housing and a plan was created to upgrade West Chapman. This property became
available and the proposed plan contains many improvements which are needed along West
Chapman and also provides a good buffer for the surrounding residential neighborhood.
The Economic Development Director stated the Agency is required to spend money in
proportion of where the need is. To date, the Agency has assisted with over 200 new units for
seniors and only 12 units for families, and more money needs to be used for family units. She
cited examples of other OHDC projects which are managed well and how these projects provide
incentives for all parties to be good renters. There is little turnover in affordable housing units
and the rents will range from approximately $850 to $980. She then reviewed a map of low
income housing units throughout City.
Mr. Eunice Bobert, Chief Executive Officer, OHDC, stated OHDC is a non profit affordable
housing developer whose sole purpose is to provide quality affordable housing. To date, OHDC
owns approximately 1,000 units in about 24 properties throughout Southern California and is
dedicated to providing quality construction and maintaining the units throughout the life of the
project.
Bob Mickelson Planning Consultant, OHDC, stated OHDC will cooperate with neighbors
throughout the process and in response to questions from Mayor pro tem Cavecche, stated there
will be a block wall on every side ofthe project adjoining neighbors.
MAYOR MURPHY OPENED THE PUBLIC HEARING TAPE 5060
Melissa Smith, Orange Unified School District, 491 Westridge Circle, Anaheim, stated they have
projected 20 students for this project, but it will probably be more, and was concerned about the
cumulative effect of high density projects which take a toll on the school district.
John Ortega, Orange Unified School District, 274 S. Citrus, spoke on the impact to the local
schools, suggesting a compromise to include a provision for affordable housing in other
upcoming residential projects.
PAGE 19
CITY COUNCIL MINUTES February 11, 2003
13. PUBLIC HEARINGS (Continued)
In response to questions by Councilmember Ambriz, it was noted that current student enrollment
at Sycamore Elementary is 885, West Orange Elementary is 520 and Lampson and Taft
Elementary are both over 900. TAPE 5560
The following people spoke in favor of the proposed project. Their comments included:
OHDC, which is a non profit agency, has a solid track record of well built and managed
apartment units; there is a state mandate to provide low income housing; tenants go through a
strict screening process; and an after school program for children and will be made a part of this
project.
Bill Utter, 806 N. Batavia
Judy Reynolds, Fairmont Way
Ernestine Ransom, 2608 Park Lake, Santa Ana
Isabel Crist, 2819 E. Walnut
Janice Mickelson, address on file
Robert Torres, 4525 Agua Way
Fred Barrera, 2724 E. Lakeside, property owner at the corner of Chapman and Batavia.
The following people spoke in opposition to the proposed project. Their comments included:
Chapman Avenue is too busy a street for a residential project; this is not compatible with
surrounding neighborhood; density is too high; residential is not a proper use for this property;
negative affect on property values for surrounding neighborhood; no place for children to play;
already too many apartments in West Orange; those in favor of project do not live in the
neighborhood; good project but bad location; not safe for children; impact to schools; and the
Planning Commission decision was rushed.
Tony Esquivel, 175 N. Citrus
Mary St. Marseilles, 1060 W. Arbor Way, Council received a letter from her attorney
Felix Ybarra and Margaret Ybarra, 279 N. Lime
Lorraine Gonzales Gallagher and Bill Gallagher, 182 N. Lester
Cindy Baker, 1051 Arbor Way - submitted petition approx 250 signatures in opposition John
Baker, 1051 Arbor Way Joy
L. Les, 1016 W. Arbor Way Wallace
Robert Preston, 192 N. Lester Dr.Yolanda
Esquivel, 175 N. Citrus Eddie
Albright, 642 N. Glenrose TAPE TWO Larry
Crawford, 1033 W. Arbor Way Laura
Pacholl, 335 S. Glassell Wendy
Pacholl-Witt, 238 N. Jewell PI.
Pat Goodsell, 139 N. Lester PI.
Tyler Harmon, 1136 W. Palm Ave.
Bill and Pat Norman, 191 Jewell PI.
Jill Casperite, address on file
PAGE 20
CITY COUNCIL MINUTES February II, 2003
13. PUBLIC HEARINGS (Continued)
Tom Wills, 1052 Arbor Way
Kenneth Worden, 1142 W. Acacia
Kimberly Bottomley, 1005 W. Arbor Way - submitted pictures of 178 multi-family
apartment projects west of the 55 Freeway
Janet Schmidt, 1033 W. Arbor Way
The Council recessed at 10:01 p.m. and reconvened at 10:16 p.m.
Lois Barke, 2022 W. Spruce
Deann Pancheri, address on file,
Travis Salem, address on file
Vern Liermann, 1041 Arbor Way
Scott Bottomley, 1005 Arbor Way
Gene White, address on file,
Diana Smith, 174 N. Jewell PI.
Frank Block, 191 N. Citrus St.
Donice Oden, 173 S. Lime St.
Maryann Cozzell, 1218 W. Sycamore Ave.
Jeanette Boyd, 1905 W. Beverly Dr.
Jerry Mayes, 1042 W. Arbor Way
Ani Allen, address on file
David Kent, 1111 W. Almond
Mayor Murphy suggested this item be continued because it was getting late and there were still
numerous people who wished to speak on this item.
The City Attorney stated if the public hearing is continued, the public comments can be limited
to those who have already submitted cards to speak at this meeting.
MOTION - Murphy SECOND -
Cavecche AYES - Ambriz,
Mayor Murphy, Cavecche NOES - Coontz ABSENT -
Alvarez Moved to
continue the public
hearing to February 25, 2003 at 7:00 p.m., to be the second item under public hearings.Councilrnember Coontz
noted concern because
the Councilmembers were not able to express some of the issues they
would like to discuss if it is going to be continued.PAGE 21
CITY COUNCIL MINUTES
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT MOTION -
Coontz SECOND - Cavecche
AYES - Ambriz, Mayor
Murphy, Coontz, Cavecche ABSENT - Alvarez The City
Council adjourned at
II: I 0 p.m.t!tu~a,f~A'~
CASSANDRA ATHCART, CMC CITY CLERK
February 11, 2003
t16:J:!
i/MAYOR PAGE
22