HomeMy WebLinkAbout10_9_2001 - Council MinutesAPPROVED BY CITY COUNCIL ON NOVEMBER 13, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 9,2001
The City Council of the City of Orange, California convened on October 9,2001 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 INVOCATION
Given by Pastor Frank Riley, Orange Covenant Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Coontz
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS A $300
check was presented to the Mayor and City Council from Sheri Melton and John Rusk of
the Orange Art Association for landscape color at Pitcher Park and Depot Park.A Proclamation
honoring Stater Bros. Markets' 65th Anniversary, was presented to Joel Bradley, Grocery
Supervisor.The Police
Chief provided a summary of the actions being taken in Orange after the recent terrorist
attacks. City staff is on heightened alert and are looking at all resources to make sure
the City is prepared. They are working with all the Police Departments in the county for
overall security and are following the actions taken by state government for gathering intelligence.
There are two full time Detectives assigned to this task and they are also
working closely with the Fire Department. There have been no credible threats in Orange.
In response
to questions by Council, the Police Chief reported that an officer had collided with a
bicyclist the previous week, but there were no serious injuries to either party.2. PUBLIC
COMMENTS - None.PAGE 1
CITY COUNCIL MINUTES October 9, 2001
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 October 9, 2001 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-
Warner Communications, all of said locations being in the City of Orange and
freely accessible to members of the public at least 72 hours before commencement of
said regular
meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as
a public record in the Office of the City
Clerk.3.2 Request Council Confirmation of warrant registers dated September 20 and
27,
2001.ACTION:
Approved.3.3 Request approval of City Council Minutes, Adjourned Regular Meeting
September 20, 2001 and Regular Meeting September 25,
2001 ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.
AGREEMENTS 3.5 Agreement between the County of Orange and the City of Orange for Provision
of Gang Prevention and Suppression Services (A2100.0 AGR-
1853.I)SUMMARY: Since 1991, the City of Orange and the County of Orange have
entered into yearly agreements that have provided the City with the services of a
full-time Probation Officer specializing in gang prevention and suppression. The Probation
Officer works in conjunction with the Police Department's Gang Unit to
provide supervision and enforcement of court orders for minors and adults on probation under
the existing policy of the Orange County Probation Department and Superior
Court. The proposed Agreement is for the period July 1, 2001 through
June 30,
CITY COUNCIL MINUTES October 9, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Agreement between the County of Orange and the City of
Orange for Provision of Gang Prevention and Suppression Services in the amount of
97,302; and authorized the Mayor and the City Clerk to execute the Agreement on
behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2001-2002
in account number 120-4032-426700 (prop
172-
Gangs-Other Professional & Consulting Services).3.6 Side Letter Agreement between the
Orauge Maintenance and Crafts Employees'Association and the City of Orange dealingwithAgency
Shop. (C2500.J.4.4)SUMMARY: On September 19, 2001, the
Orange Maintenance and Crafts Employees'Association voted in favor of establishing an Agency
Shop. This Agency shop provision requires that as a condition of continuing employment,
all employees covered by this Memorandum of Understanding must either join the
Association or pay to the Association a
service fee in lieu thereof.ACTION: Approved the Side Letter
Agreement between the Orange Maintenance &Crafts Employees' Association and the City of Orange
dealing with Agency Shop and authorized the Mayor and the City Clerk to execute the Agreement
on behalf of
the City.FISCAL IMPACT: None.3.7 Agreement between the City of Orange
and David Volz Design Landscape Architects, Inc. for the Master Plan of Cerro
Villa Park (A2100.0 AGR-3867)SUMMARY: Approval of the professional
services agreement, RFP 012-08, between the City and David Volz Design Landscape Architects,
Inc. in an amount not to exceed 82,055 for the design services for
the Master Plan of Cerro Villa Park.ACTION: Approved the professional
services agreement, RFP 012-08, between the City and David Volz Design Landscape Architects, Inc.
in an amount not to exceed $82,055 and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.FISCAL
IMPACT: Sufficient funds exist in the
following Account:510-7021-485100-0150 (Cerro Villa Park): $ 82,055.3.
8 2001-02 Animal
Control Services Agreement with the County of Orange A2100.0 AGR-0135.N)SUMMARY:
The City of Orange contracts with the County of Orange for animal control field and shelter
services. The term of this annual renewal is
July 1,
2001
CITY COUNCIL MINUTES October 9, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved the proposed agreement for animal control services between the
City of Orange and the County of Orange in the amount of $248,970 and authorized the
Mayor and City Clerk to execute the agreement on behalf ofthe City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2001-2002
in Account Number 100-4031-427100-2350 (
Detectives -
Contractual Services).BIDS REMOVED
AND HEARD SEPARATELY)3.9 Rejection of Bids and Authorization to Re-advertise for
Bids, Bid No. 012-06,Landscape Maintenance Servicesfor
City Parks (C2500.M.4)SUMMARY: The City received four bids for
landscape maintenance services at eleven City Parks and additive items for trash pick-up and
irrigation repairs at four other parks during a portion of the year. The City will restructure
the bid package to include all eleven parks and to allow the City to deduct one or more
of the park sites from the contract to be awarded after the lowest responsible
bidder has been determined. As such,it is recommended that the City Council rej ect all
bids and
authorize staff to re-advertise for bids.Councilmember Coontz asked for a clarification
of the report which stated that
services could be removed from a park.The Community Services Director reported
this gives staff more flexibility to make reductions if necessary in the number of
parks contracted out for maintenance. Any park removed from the
contract would be
maintained by City
staff.MOTION - Coontz SECOND - Slater AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche ACTION: Rejected all bids received for landscape
maintenance services andauthorized the re-advertising of bids for landscape
maintenance services at City Parks.FISCAL IMPACT: Funds are budgeted
in the following account:
100-7022-427100 Landscape Maintenance): $
160,000.3.10 CLAIMS (C3200.0)The City Attorney recommends that
the Orange City Council
deny the following Claim(s)
for damages:a. Kenneth and Bessie Larkin b. Annie Larkin
and the Estate
of Dr.
Kenneth Larkinc. Virginia
CITY COUNCIL MINUTES October 9,2001
3. CONSENT CALENDAR (Continued)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Contract Change Order No.3; Bid No. 001-15; Project No. SP-3275, City
of Orange Corporation Yard - Seismic Retrofit and ADA Improvements. (A2100.0
AGR-3678)SUMMARY: Contract Change Order No.3 authorizes payment for extra work
at agreed prices. The amount of Contract Change Order No.3 is $19,
029.91.ACTION: Approved a Contract Change Order No.3 in the amount of $19,029.
91 to DRP Construction for the
extra work.FISCAL IMPACT: Funds are budgeted or are available in the
following account:550-5011-481105-2975 (
Seismic Retrofit-Garage) $19,029.91 3.12 Award of Contracts - Bid No. 012-04; (1)
Project No. SP-3335, AHRP Project -Main Street Rehabilitation from Collins Avenue
to Katella Avenue; (2) Project No.SP-3325, Main Street Rehabilitation from
Katella Avenue to Taft Avenue; and (3)Eckhoff Street Rehabilitation from Collins
Avenue to 370' South of
Collins Avenue.A2100.0 AGR-3868/ 3869/3870)SUMMARY: These three projects
will rehabilitate Main Street from Collins Avenue to Katella Avenue; Main Street from
Katella Avenue to Taft Avenue; and Eckhoff Street from Collins
Avenue to 370 feet South of Collins Avenue.The three projects are being
combined into one construction
project for economies of scale and location benefits.ACTION: 1) Awarded a contract in the amount
of $362,471.50 to All American Asphalt,400 E. Sixth Street, Corona, CA 92878
for Main Street from Collins Avenue to Katella Avenue (SP-3335), and authorized the Mayor
and City Clerk to execute on behalf of the City. 2) Awarded a contract in the amount
of $296,169.96 to All American Asphalt, 400 E. Sixth Street, Corona, CA 92878
for Main Street from Katella Avenue to Taft Avenue SP-3325), and authorized the Mayor and
City Clerk to execute on behalf of the City. 3)Awarded a contract in the amount of $
31,047.55 to All American Asphalt, 400 E. Sixth Street, Corona, CA 92878 for
Eckhoff Street from Collins Avenue to 370 feet South of Collins Avenue (SP-3326),
and authorized the Mayor and City Clerk to execute on behalf of the City. 4) Appropriated funds
in the amount of $35,340 from fund 550
to accountNo. 550-5011-483300-4003 for construction cost of Eckhoff Street (
SP-3326).FISCAL IMP ACT:
Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:1)
Main Street from Collins Avenue to Katella Avenue (
SP-3335)550-
5011-483300-
CITY COUNCIL MINUTES October 9,2001
3. CONSENT CALENDAR (Continued)
2) Main Street from Katella Avenue to Taft Avenue (SP-
3325)550-5011-483300-3231
FYOI-02 $189,183 AHRP 934-9821-483300-
3231 FY 00-
01 $265,211 Northwest Project Area Total $454,394 3) Eckhoff Street from Collins
Avenue
to
370 feet
South of
Collins
Avenue (
SP-3326)
550-5011-
483300-4003
934-9821-483300-
4003
FY 01-02
FY 00-01 Total Total 35,340 38,722 74,062 1,
175,003 AHRP Northwest Project Area 3.13 Award of Professional
Engineering Services Contract in connection with Orange County Sanitation District (OCSD)
Cooperative Projects with City
of Orange for:1) Sacramento Street Storm Drain Improvements from
Sacramento Street to 165 feet westerly (D-137); and
2) Hartman Street/Fletcher Avenue Storm Drain Improvements from Hartman
Street to Fletcher Retarding Basin (D-138). (A2100.0
AGR-3871)SUMMARY: The contract authorizes the Consultant to provide field surveying,geotechnical investigation, engineering
reports, and
preparation of plans, specification and cost estimates for the OCSD Cooperative Projects with the City
of Orange for storm drain improvements.The professional
services for the two proj ects are being combined into one contract for economies
of scale and ease ofproject design coordination.ACTION: Approved a contract with Merit Civil Engineering in an
amount
not to exceed 43,097.00 and authorized the Mayor and the
City Clerk to execute on
behalf of the City.FISCAL IMPACT:
Funds are budgeted
and are available in the
Capital Improvement
Program in the following accounts:Sacramento Street
Storm Drain Improvements (
D-137):530-
5011-483300-5340 Drainage Districts $
550-5011-
483300-5340 Reimbursable
Capital Projects OCSD $
TotalFunds $Hartman
StreetIFletcher Avenue Storm
Drain Improvements(D-
138):530-5011-
483300-5339 Drainage
Districts 530-
CITY COUNCIL MINUTES October 9,2001
3. CONSENT CALENDAR (Continued)
PROPERTY PURCHASE
3.14 Purchase of a 10 foot wide strip ofland at 2205 W. Chapman Avenue.
A2100.0 AGR-
3872)SUMMARY: This is one of the parcels necessary for the West Chapman
Avenue Widening Project. Offer was made and accepted by Cox Family L.
P.ACTION: Authorized Mayor and City Clerk to execute all escrow papers and
related documents for the purchase of a 10 foot wide strip of land located at 2205 W.
Chapman Avenue. Purchase price is $46,163.00 plus any related escrow
costs.FISCAL IMPACT: Funds in the amount of $46,163.00 are available in the
Chapman Avenue Widening Project - Account No. 550-5011-483300-4038-(
Measure
M-MP AH).RESOLUTIONS 3.15 RESOLUTION NO. 9519 (
E1400.0 EIR 1612-01)A Resolution of the City Council of the City of Orange
recommending approval of final EIR 1612-01, Conditional Use Permit 2377-01 and
Major Site Plan Review 105-99 for the construction of a 6-story, 132,000 sq.
ft. office building and a 5-level, 528 space parking structure upon property
located
at thenortheast comer of ChapmanAvenue and
Manchester Place.
Applicant: EOP- The City (Chapman), L.L.C.ACTION:
Approved.3.16 RESOLUTION NO. 9520 (EI400.0 EIR 1612-01)A Resolution of
the City Council of the City of Orange approving FEIR 1612-01,Conditional Use
Permit 2378-01 and Major Site Plan Review 106-99 for the construction of a 24-
story, 465,000 sq. ft. office building and 8-level, 2,360 space parking structure upon
property
located at the west side of the City Driveapproximately
500 feet
south of Chapman Avenue.Applicant: EOP- The City (City
Tower Two), L.L.C.ACTION: Approved.3.17 RESOLUTION NO. 9521 (EI400.0
EIR 1612-01)A Resolution of the City Council of the City of Orange
approving FEIR 1612-01,Conditional Use Permit 2379-01 and Major Site Plan Review 107-99
for the construction of a 10-story, 200,000 sq. ft. office
building and
CITY COUNCIL MINUTES October 9,2001
3. CONSENT CALENDAR (Continued)
Applicant: EOP- The City, L.L.C.
ACTION: Approved.
3.18 RESOLUTION NO. 9522 (EI400.0 EIR 1612-
01)A Resolution of the City Council of the City of Orange approving FEIR
1612-01,Conditional Use Permit 2380-01 and Major Site Plan Review 108-99
for the construction of a 19-story, 360,000 sq. ft. office building and 6-level,
2,720 space parking structure upon property located north of Metropolitan Drive midway
between
Lewis Street and theCityDrive.
Applicant: EOP-
The City, L.L.C.ACTION: Approved.3.19 RESOLUTION
NO. 9524 (C2500.M.16.1 LLN-2001-14)A Resolution of the City Council
of the City of Orange approving Lot Line Adjustment LL 2001-14 adjusting lot lines of
certain real property situated at Lots 171 to 191 and Lots F and G of Tract 10439
in
the City of Orange, County
of Orange,
State of California.Owner: M. M. Orange, LLC ACTION: Approved.
3.20 RESOLUTION NO. 9525 (C2500.M.16.1 LLN-2201-15)A Resolution of
the City Council of the City of Orange approving Lot Line Adjustment LL 2001-15
combining two lots of certain real property situated at 2000 and 2010 North
Tustin Street in the City of
Orange, County
of Orange, State
of California.Owners:
Orange Villa Shopping Center LLC ACTION: Approved.MOTION -
Alvarez SECOND - Cavecche AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Item 3.9 was removed
and heard separately. All
other items on the
Consent Calendar
CITY COUNCIL MINUTES October 9,2001
4. REPORTS FROM MAYOR MURPHY - City Educational Alliance TAPE 510 Mayor
Murphy commented one of the things that became apparent for the last couple of years and
has been a challenge from the community, is to do more things in concert with the other entities
and other stakeholders in this City in terms of benefits to kids, both from an educational standpoint
as well as from a resources standpoint. The suggestion I will make today is for staff to
look at and try to produce some details that Council can review.I
want to set a charter, in essence, a City, I'm calling it a City Educational Alliance. It really centers
around the idea of improving the quality and quantity of youth facilities and resources in the
City of Orange.The
only way we can go about this is through combining efforts. Certainly, the City does a great job
today for the number of activities whether you are talking about Crossing Guards, the Youth Services
Bureau in the Police Department, the outreach by the Fire Department, or our Parks and Recreational
Facilities. But, I think if we combine our efforts with those ideas, the School District,
certainly higher education and the business community, we are bound to see a synergy from
that.I'
vehad meetings with some of the key leaders from all these types of groups and its met with a resounding
positive response. But, the thing we have not done yet is really kicked it off and set a plan
in motion that has some goals that are both measurable and achievable. My thoughts and again
I welcome thoughts of others on the Council, is to improve the quality and quantity of the facilities
in the City, but also expanding the programs that are available, not only from a sports standpoint
but from a career development standpoint, vocational standpoint, mentoring programs and
volunteerism type programs. I can see every part of the City staff being able to contribute to this.
Certainly the Library would be a critical function. We had a Library visioning meeting last week
with the key stakeholders and I talked to a few folks that day and they all responded in unison
that this is absolutely the way we have to go forward.Also,
I think with this effort we can raise the community's awareness in involvement. If there is a
project and a time frame for something, people are more likely to jump on board. I think if we put
some of these ideas and projects together, it will work. This also provides a vehicle for community
feedback making sure the programs the City is offering are of value to the community.
The
last idea is giving some thought of benefit to going after funding on a joint effort. There are funds
out there. I believe it's Prop Fourteen, from a Library standpoint, that gives extra points involved,
extra benefits, or extra attention to those that are joint use or joint effort type scenarios versus
ones that either the City came in on its own or the School District or Chapman University.Santiago
Canyon College is another good example where there are many opportunities.Mayor
Murphy suggested staff be directed to come back with an outline of what currently is in place
as a starting point because that comparison with the other agencies and other entities would give
an example of where there is benefit, where there might be cross over and where there might
be opportunities. Also, he will put together an outline of some goals with dates over a time
period to look at new facilities the City can create, what new programs are available to us PAGE
9
CITY COUNCIL MINUTES October 9, 2001
4. REPORTS FROM MAYOR MURPHY (Continued)
and where might additional or new funding sources be. I think the City did a great job a couple
of years ago with the Master Plan of Parks for instance. This is a great document, but all it does
is set up some targets and some ideas that do not provide any results. It is incumbent upon this
Council to put the results and meat behind this thing and actually move it forward rather than it
being sort an evolutionary base. I would like to make it on a revolutionary base where we really
take a step forward and invest it for our kids now to make sure that five years from now we can
look back and say we really moved ahead.
We've done some great things on the basis of this and one other piece to this is the fact that this
plan actually calls out for a review of the plan. One of the things that would come out of this
suggestion to staff is an accounting of where we are since this plan was adopted. Believe it or
not, this plan is 2-years old as of next month. The recommendation was that every two
years Council is to review the plan. The good new is there's plenty of things that positively
happened since this plan came to date, but the challenge is, Council is going to make sure that a lot
more happens over the next two, three, four years. I'm encouraged by the response I have gotten
so far from everybody I have talked to and certainly the departments here are doing a great
job already, but if we harness all these efforts and solicit the community's help as well, I know
we can go a lot
further.Council agreed this is a great idea. There is a need to involve all entities - schools, colleges,
non-profit organizations, businesses and other cities, and will benefit the entire
community.5.REPORTS FROM COUNCILMEMBERS TAPE
900 5.1 Councilmember Slater - Direct staff to bring back zoning options for the 7.6 acres
generally located south of Santiago Canyon Road (arena property) that conform to the
present usage of the property (recreational) in order to permanently maintain the site as an
equestrian arena.
Councilmember Slater reported he is requesting information on zoning options for the 7.6 acres
on the south side of Santiago Canyon Road, because he is concerned about protecting it as an
equestrian arena and that nothing interfere with that. He is not comfortable with the current
residential zoning, as the zoning should match the vision for the property. He would like to
direct staff to come back with a report on the history of the property, information on any leases
that exist; establish contact with the property owners; and bring back a range of potential zoning
which could be considered that are compatible with the long range goals of the City protecting
the arena.
PUBLIC COMMENTS:
Frank Foster, Fieldstone Communities, Newport Beach, reported that Fieldstone Communities,
as the applicant, the property owner, and the Orange Park Acres (OPA) community do not
support rezoning of this property. Fieldstone has worked with the community on a solution for
this property and have reached a mutual agreement whereby the property will be dedicated to the
OPCC and a transfer of funds will occur toward the development of a community center. He
PAGE 10
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CITY COUNCIL MINUTES October 9, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
noted that if the City proceeds with rezoning, over their objections, it will not ensure the
property's use as an equestrian center and may do more harm than good. It undermines the good
faith negotiations they have worked out with the community independent of government.
In response to Council questions, Mr. Foster further reported that of the 7.6 acres, 2 acres are
used as an equestrian center with a community center anticipated for the remainder of the
property. The current EIR for the project on the north side of Santiago Canyon does not address
this particular parcel and it is hard to say how a zone change would affect the agreement that is
in place with the community. They are also open to working with the nearby Mabury Ranch
community.
Mr. Grable, Attorney representing Fieldstone, 895 Dove Street, Newport Beach, was available
for questions.
Leslie Geslason, 7404 Saddlehill Trail, spoke on the importance of the arena for the area and
supports the agreement with Fieldstone.
Tom Anderson, 1392 N. Stallion, urged the City to proceed slowly and outline a plan.
David Piper, 1705 Oak Lane, spoke in support of rezoning the property.
Doug LeMieux, 1387 Kennymead, spoke in opposition to rezoning the property.
Charles Leffler, 10693 Orange Park Boulevard, spoke in opposition to rezoning the property.
Mark Sandford, address on file, spoke in opposition to the rezoning the property as it will not
guarantee an arena for the future.
Phillip Bettencourt, Planning Consultant to Fieldstone, 110 Newport Center drive, Newport
Beach, spoke in opposition to rezoning the property, and urged the Council to let the agreement
with Fieldstone move forward.
COUNCIL DISCUSSION TAPE 2000
Councilmember Slater agreed there is no guarantee that the equestrian use will remain with an
Open Space zoning, but there is less guarantee that it will remain if it is zoned Residential; and
supports the need for an overall plan. He appreciated the agreement Fieldstone has been working
on, but still would like staff to make preliminary inquiries so that the Council has all the
necessary information, and then a decision can be made in the best interest of everyone.
Councilmember Coontz stated that an arbitrary rezoning will not guarantee the arena use will
continue. There is a development process already in place which is very important, and includes
an EIR which gives the community an opportunity to review and comment. She did not want to
throw a wrench in the middle of the process before it has a chance to proceed. Concern was
PAGE 11
CITY COUNCIL MINUTES October 9,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
expressed about potential lawsuits, the downturn in the economy and the need to prioritize
services provided to the community. She noted the OPA Plan has been creative and visionary;
and suggested it is best to proceed with what is already in place.
Councilmember Cavecche suggested proceeding slowly and being prudent. She noted the
property is not part of the application or EIR and will not be coming before Council. She
suggested the Council take a look at the agreement between Fieldstone and OPA, which may end
up being the best solution to preserve the arena, and in the meantime it would be advisable to get
the history of the property, talk to the property owner and look at potential zoning in order to
protect the property. She reminded the applicant that everyone is working towards the same
outcome - topreserve the arena.In
response to questions by Mayor pro tern Alvarez, the City Attorney reported the Council can not
tie any approvals or conditions on property that will not come before the Council. However,if
a concern of the Council would be that there is not enough recreation as part of a project, the developer
could agree to provide additional recreation on property that is not part of the project as
a way of mitigating those concerns. He further reported that if the Council is looking at what the
appropriate land use designation for this particular parcel is, that should be decided on a land use
planning decision separate from any proposed project that is across the street, unless it can be showed
that any property proposed for development in conjunction with this parcel has some contiguous
application to it.Regarding
inverse condemnation, zoning amendments are legislative functions. The City Council
has the power to decide what land uses are best for the entire public. The property owner
has no legal entitlement to either existing zoning or any anticipated future zoning. The property
owner does, however, have the entitlement to continue the use that's currently on the property.
However, if the zoning is changed so that it foreclose the property owner's ability to use
the property at all or any economic use, then an inverse situation exists. That does not seem to
be the case here, because there is an existing recreational use and it appears that is also the anticipated
use in the future. He noted that whether it is zoned residential or open space, there is no
guarantee that the equestrian center will remain, because even with recreation/openspace,there
are a number of uses that are permitted.Mayor
pro tem Alvarez supported a possible rezone of the property only if it is understood that the
development process would not be disrupted and the agreement is not threatened; noting the City
would be taking this action independent of the proposed development. He agreed the Council
needs additional information and would like to see the agreement and hear from the property
owner.Mayor
Murphy stated this seems like a piece meal approach. There is a current Sully Miller proposal,
and doubts this study would have come up if there wasn't this proposal. They wouldn'
t be discussing it ifit wasn't part of the politics involved with this issue. The questions that
are being asked are usual questions and part of the homework that is normally done when getting
ready for a public hearing. Everyone agrees that the arena should remain, and the PAGE
12
CITY COUNCIL MINUTES October 9,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
majority of the cornmunity that the arena would serve are asking that the property not be
rezoned. He urged the Council to leave the process in place and move forward and give the
community a chance to do the right thing.
Councilmember Slater agreed that proceeding slowly is important, but it is also important to
provide leadership and get out in front of developments with a vision.
In response to questions from Councilmember Slater, Mr. Bettencourt explained the agreement
with the OPA was because of their historic stewardship of the OPA Specific Plan, which covers
about half of the property. However, they will be working more closely with the Mabury Ranch
Homeowners. He also stated it was his understanding that the use of the 7 acres is addressed in
the EIR, even though it is not part of the developer's application.
In response to questions from Mayor pro tem Alvarez, Mr. Foster explained it is important for
Fieldstone to work with OPA because the property is within the OPA sphere of influence. They
have worked with OPA to work through a very cooperative effort hat was acceptable to OPA and
gives the community what it wants - whichis the 7 acres and funds to help create a community center.
Any rezoning may disrupt this process. He explained Hansen Aggregates owns the 7 acres
in question; that Fieldstone is the applicant, not the owner. If the entitlements are not achieved,
there will be no development. He also pointed out the agreement, which clearly transfers
ownership to OPCC is a public document.MOTION -
Slater SECOND -Cavecche
AYES - Slater,
Alvarez, Cavecche NOES - Murphy, Coontz
In the spirit of
not interfering with the process, and in the spirit of the entire community working together on this entire
project to make sure that this is done in the best interest of the community and in the interest
of the entire City of Orange, involving all the parties that could potentially be involved: 1) request staff
to bring back a report giving Council the history of the 7.6 acres,including the recent and
past zone changes; 2) establish contact with the property owner and obtain any current leases
if possible; 3) bring back a range of potential zonings that might be considered that would be
more compatible with the long term goals of the City to preserve this site as an equestrian
arena; and 4) have the staff report include the agreement made between Fieldstone Communities and OPPC
and have staff provide an analysis of that agreement in terms of what it will
mean overall for the project.Mayor Murphy stated it
seemed they are trying to negotiate a project that hasn't even come before them; and he
would not support the motion as long as it included the rezoning issue.PAGE 13
CITY COUNCIL MINUTES October 9, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
TAPE 3900
5.2 Councilmember Slater - Direct staff to bring forward proposals that would expand the
duties of the Park Commissioners to include implementing the Master Plan of Parks.This
would include identifying potential future park locations and actively working with staff
to seek funds or grants for acquisition and development.Councilmember
Slater commended the Parks Commission for the great job they are doing, but wanted
to ensure they are providing a vision for the community, actively working on ways to make
up the park land deficit in Orange by identifYing potential sites and working on ways to better
implement the Master Plan of Parks. He wanted assurance that staff and the Commission are
pursuing every dollar possible to move forward with this process, and asked staff how they can
best relay to the Commission what their duties are and the need for an update of the Master Plan.
Councilmember
Coontz noted the Master Plan of Parks, like all documents, should be looked at as
a living document which is always changing. She also commented on the need for all Board and
Commission members to remember their charge, especially as new board members are appointed.
Councilmember Coontz will be bringing forth a request for ways to ensure that all board
members understand their duties and receive directions on how they conduct their business.
A report was requested on the City's foundations and asked how the Community Services
Foundation works in conjunction with the Park Commission.The
Community Services Director explained the Parks Commissioners are briefed on a regular basis.
They have been on two separate tours of the City looking at open space and are working aggressively
to obtain grants for park funding. The Commission is also well aware of what is needed
in looking at an overall analysis of the Master Plan of Parks. The duties of the Community
Services Foundation has been left somewhat open in order to provide flexibility, but there
are parallels between the Foundation and the Park Commission.5.
3 Councilmember Cavecche - Direct staff to research and recommend changes to Zoning Code
so that minor site plans of in fin developments of two or more will be required to go
through design review.Councilmember Cavecche
reported there seems to be a deficit in the Zoning Code in that large scale development
proj ects are required to go through a design review process, but not smaller projects. She
suggested that staff look at requiring projects with at least two units to go through a design
review process.In response
to Council questions, the Director of Community Development reported that single family residences
are not required to go through a design review.Councilmember Coontz
commented on the importance of looking at the whole street for infill projects or
individual remodels. There is a need for uniformity and compatibility of architectural features with
the entire neighborhood.PAGE 14
CITY COUNCIL MINUTES October 9,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
The Council directed staff to look at what the Zoning Code allows and what the implications
would be to require a design review process for infill projects.
The City Manager was asked to report back on a date of when to expect this report.
Council agreed on the need for this process, as well as incorporating the comments from
Councilmember Coontz.
TAPE 4790
5.4 Mayor pro tem Alvarez - Recommendation for the removal of Toni Carlton from the
Planning Commission and direct the City Clerk to begin Maddy Act requirements.Mayor
pro tem Alvarez reported he had talked with Commissioner Carlton and explained to her that
he was taking the liberty due him as a Councilmember, that at any time, replace anyone that had
been appointed by him or his predecessor on a Commission. He had asked Commissioner Carlton
to step down, but since she had chosen not to, he was recommending that she be removed
from the Planning Commission. This was his first opportunity to have an appointment to
the Planning Commission.Mayor
Murphy stated it has been a policy of several Mayors in the past to afford an opportunity to
each Councilmember to make a recommendation to the Mayor for an appointment to the Planning
Commission, so that each Councilmember has a Commissioner that is their representative.
In this particular case, Commissioner Carlton was appointed by Fred Barrera who
was Mayor pro tem Alvarez' predecessor.Toni
Carlton, Planning Commissioner, stated she was surprised when Mayor pro tern Alvarez called
her and asked her to step down. She has taken her job seriously and there has been a lot of time
and money invested by the City for her to do this job, noting that the best person should be appointed,
regardless of who's turn it is. She asked the Council to end the current policy of appointing
Commissioners and let a person's record speak for itself.Bob
Bennyhoff, Orange Park Acres, agreed with Ms. Carlton in support of changing the rules of appointing
Commissioners. He spoke highly of Ms. Carlton as a Planning Commissioner, noting that
people should be removed only if there is a specific problem.Mayor
pro tem Alvarez stated he appreciated Commissioner Carlton's work and this was not an easy
thing for him to do, but he wants an appointment that more closely reflects his views. He also
commented on the precedent that was set several years ago when other members were removed
from the Planning Commission.Councilmember
Cavecche noted the procedure may seem archaic but the Planning Commission does
mirror the Council. She honored Councilmember Coontz' recent appointment to the Commission
and will honor this request also.PAGE
15
CITY COUNCIL MINUTES October 9,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilrnember Slater stated all cornmittees should reflect the goals and philosophy of the
Council, suggesting that all committee members should be chosen by Councilrnembers. He
stated he had respect for Ms. Carlton, hoping she would not take this action personally.
Councilmember Coontz stated she appreciates the work of all Committee members. She noted
the Council does not give input to the Commission about their actions on development projects -the
Commissioners are chosen by the Council and left to do their job. She suggested that Toni Carlton
be honored for her work.Mayor
Murphy stated he respects the process and it is appropriate to allow the Council to select Planning
Commissioners. He suggested that it may be more appropriate in the future to remove Commissioners
when their terms are up. He recognized the dedication and work of the Planning Commission
and supports this action, with regrets. He noted the Council appointments to the Planning
Commission are as follows: Councilmember Slater - Ken Romero; Councilmember Coontz - Phil
Bonina; Councilrnember Cavecche - Tita Smith; and Mayor Murphy - Ben Pruett.MOTION - Alvarez SECOND - Cavecche
AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche
Moved to remove Toni Carlton from the Planning
Commission and instruct the City Clerk to begin Maddy Act procedures.NOTE: The Council recessed
at 7:20 p.
m. and reconvened at 7:45 p.m.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE
6100 6.1 Report from the Finance Director on
the annual review and approval of the Statement ofInvestment Policy (SIP) for Fiscal Year 2001-
02. (ORI800.0.27.16)SUMMARY: Per recommendations from the Investment Advisory
Committee and the Investment Oversight Cornmittee, it is proposed that
one change be made to the City's and Redevelopment Agency's Statement of Investment Policy.
The recommended change is the result of new legislation that went into
effect January 1, 2001. Chapter 687, Statutes of 2000 AB943) requires local government agencies to begin
submitting copies of their Investment Reports twice a year and a copy
of their Statement of Investment Policy once a year to the California Debt and Investment Advisory Commission. The
recommended change makes the City's Statement of Investment Policy compliant
with the new legislation.The Finance Director reported the only change
to the Policy is to submit copies ofthe Investment Report and Investment Policy to the State,
as required by new legislation.PAGE 16
CITY COUNCIL MINUTES October 9,2001
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
RESOLUTION NO. 9529
A Resolution of the City Council of the City of Orange approving and adopting a Statement of
Investment Policy for Fiscal Year 2001-
02.MOTION - Alvarez
SECOND - Slater A
YES -Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:
Adopt Resolution No. 9529.TAPE
6230 6.
2 Investment Oversight Committee First Quarter Report for the Quarter Ending September
30, 2001. (ORI800.0.27.16)SUMMARY:
This report summarizes the activity ofthe Investment Oversight Committee.MOTION -
Slater SECOND - Cavecche
AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche ACTION: Receive and File.
7. ADMINISTRATIVE REPORTS 7.
1 Report from
the Personnel Director regarding the PERS Military Service Credit program for active and
retired City employees effective January 1, 2002. (A21000 AGR-0281.14)The Personnel
Director reported
this Military Service Credit Program will allow an employee to purchase up to four
years of service credit for any continuous active military service, and is fully paid for by the
employee with no cost to the City.RESOLUTION NO. 9527 A
Resolution of Intention
to Approve an Amendment to the Contract Between the Board of Administration of the California
Public Employees' Retirement System and the City Council of the City of Orange
to Provide the Military Service Credit Program for the City's Active and Retired Employees.MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez,
Mayor Murphy, Coontz,
Cavecche Moved to adopt Resolution No. 9527.PAGE
17 T
CITY COUNCIL MINUTES October 9,2001
7. ADMINISTRATIVE REPORTS (Continued)
ORDINANCE NO. 18-01 (FIRST
READING)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 Military Service Credit Program for the City's Active and
Retired
Employees.MOTION - Alvarez
SECOND - Murphy AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that
Ordinance No. 18-01 be read by title only and same was set for second reading by the
preceding vote.TAPE
6500 7.
2 Report from the Director of Public Works on the status of the proposed Culver Drive
extension deletion from the Master Plan of Arterial Highways (MP AH). (S4000.S.5)SUMMARY:
The City of Orange is participating in a multi-city study committee to review the
elimination of Culver Drive from the Orange County Master Plan of Arterial Highways, MPAH.
The City Public Works Department has co-signed a request to the OCTA to initiate the
EIR process to study the
deletion.Location: Culver Drive is located partially in the City of Irvine and Orange
County unincorporated
area.The Director of Public Works reported The Irvine Company, with the City of Irvine as
lead agency, is proposing to delete from the County Master Plan of Arterial Highways (MP AH)
the extension of Culver Drive from Portola Parkways to the Eastern Transportation Corridor.
This change affects Orange, Irvine, County areas and Tustin. A traffic analysis was completed
to determine the impact this deletion would have on the remainder of the circulation system in
the area. Mitigation measures were identified and the most significant impact to Orange is
the impact on Jamboree which would require widening it to a six lane facility and a provision for
a fourth lane northbound at the intersection of Jamboree and
Chapman.Councilrnember Coontz reported this was an issue discussed, and fought, by the City of
Orange with The Irvine Company and City of Irvine because of its affect on the East Orange
General Plan. Since then, OCTA has taken this over, and because Orange does not have
representation on OCTA, it has become a real problem. Because it is tied to the East Orange Plan,
she requested some diligence in bringing this back, looking at the history. This is a long
time problem - where others are involved and yet Orange has the most traffic to deal with.
Mayor Murphy indicated Supervisor Spitzer has also expressed concern about this and the
impacts to the East Orange traffic flow.
PAGE 18
CITY COUNCIL MINUTES October 9, 2001
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Coontz expressed concerned about the way this issue was brought up and the
fact that everyone was interested in revisiting the East Orange Plan but The Irvine Company has
already moved forward without the City's knowledge. She suggested a continuance may be
appropriate for additional information. The Council needs to look at how Culver Drive would
affect the East Orange Plan; and other issues that would affect the East Orange Plan.
Mayor Murphy indicated the request is to support the deletion of Culver Drive and whether the
proposed mitigation measures are satisfactory for the impacts Orange will get from 4,000 more
cars a day. This has been a long standing debate and perhaps a 30 day continuance would be
appropriate to gather additional information.
The Director of Public Works reported the City of Irvine will be preparing an EIR for their
General Plan Amendment. The City of Orange, County of Orange and Tustin have indicated
concurrence with Irvine proceeding with this EIR. At that time, we will have an assessment of
all these issues with more current information than is in the East Orange General Plan. However,
it is not clear when this will take place.
Councilmember Coontz noted if the action at this time is just to receive and file a report, the
Council can go ahead and pursue additional information on the General Plan and the reasons
why these long term discussions with The Irvine Company took place.
The Director of Public Works reiterated that the action today is information on Irvine initiating
the EIR process and the fact that they have included mitigation measures in the traffic study with
respect to Orange; one of which is significant as it affects the Santiago Hills II development.
Councilmember Cavecche noted she was pleased there was an EIR in process as there will be
huge impacts to Orange.
Councilmember Coontz asked staff to come back with information and a solution that would
assist the Council with their concerns in the meantime.
MOTION - Murphy SECOND -
Coontz AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Receive and file
report; and direct staff to bring back additional information that has been discussed as well
as keeping the Council informed of the environmental impact process.TAPE 7220 7.
3 Report
from the Police Chief pertaining to the allocation of Local Law Enforcement Block Grant (LLEBG)
2001 funds. (C2500.K)SUMMARY: The U.
S. Department of Justice has made funds available under the FY 2001 LLEBG Program. Under
this Program the City was allocated $133,522. This grant requires a PAGE 19
CITY COUNCIL MINUTES October 9,2001
7. ADMINISTRATIVE REPORTS (Continued)
cash match of$14,836, for a total award of$148,358. The City's FY 2001 Award date was
August 1, 2001, and it has until October 30,2001 to request these funds for purchases of
equipment and technology related to law enforcement.
The Police Chief reported on the federal LLEBG funds which have been made available to the
City. Prior to any expenditure of these funds, the City must be willing to satisfY a ten percent
cash match; hold a public meeting, which is satisfied by this meeting; and a establish a local
Citizens Advisory Board to review and make recommendations on the proposed use of the funds.
The Department hopes to use these fund to purchase a mobile command post.
In response to Council questions, he further reported the Advisory Board is made up of a cross
section of individuals, although none of them live in the City of Orange; the proposed command
coach will be utilized for Emergency Operations purposes; the available funds will fully cover
the cost of the command coach; and the Department will prepare a comprehensive study to
analyze the overall need and funding for the coach and will return to the Council with a specific
expenditure plan.
MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: 1) Appropriate
LLEBG 2001 funds - $133,522 to account number 353-4011-471301-2239 (Federal
Police Grants-Police Administration-Equipment-LLEBG 01). 2)
Appropriate 14,836 of Federal Asset Forfeiture funds to account number 355-
4011-471301-2239 (Federal Asset Forfeiture-Equipment-LLEBG 01) to satisfY the
cash match requirement of the LLEBG 2001 grant. 3) Require Staff to return to City Council
with specific expenditure plan
prior to expense ofLLEBG 2001 funds.FISCAL IMPACT: Umeserved fund balance is available in
the 2001 LLEBG
Fundand Federal Asset Forfeiture Fund.7.4 Report from the Director of Public Works on
water quality relative
to public health goals. (C2500.P)SUMMARY: This report discusses the conformance of the City
of Orange water system to the various public health goals established by the
State Office of Environmental Health Hazard Assessment and
in effect on January 1, 2001.The Director of Public Works summarized the report on
Water Quality Relative to Public Health Goals, indicating the City's water system meets all federal and
state requirements and there is
no need for
any action plans.
MOTION - Cavecche SECOND - Alvarez AYES - Slater, Alvarez, Mayor
Murphy, Coontz,
Cavecche PAGE20 00 _ 00 - . - --_nT
CITY COUNCIL MINUTES October 9,2001
ACTION: Receive and file report.
8. REPORTS FROM CITY MANAGER - None.9.
LEGAL AFFAIRS TAPE 2 - 260 9.1
ORDINANCE 9-01 (SECOND READING) (A2500.0 City Council Actions)An
Ordinance of the City Council of the City of Orange amending Section 2.04.250 of the Orange
Municipal Code setting the date when resolutions and ordinances of the City Council shall
be deemed final.MOTION -
Alvarez SECOND - Cavecche
AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved that Ordinance No.
9-01 be read by title only and same was approved and adopted by the preceding vote.9.
2 ORDINANCE
10-01 (SECOND READING) (A2500.0 City Council Meetings)An Ordinance
of the City Council of the City of Orange Amending Section 2.04.210 and 2.04.
220 of the Orange Municipal Code and Adding Section 2.04.270 to the Orange Municipal Code Relating
to Decorum at City Council Meetings.MOTION - Alvarez
SECOND - Cavecche AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved that Ordinance No. 10-
01 be read by title only and same was set for second reading by the preceding vote.9.
3 ORDINANCE 11-
01 (SECOND READING) (A2500.0 Vehicles, Permits)An Ordinance of
the City Council of the City of Orange amending Section 10.67.040 of the Orange Municipal Code
deleting the codified fee rates from the Section regulating the movement of overweight and
oversize vehicles and dirt hauling operations, and to provide for permits, fees and inspections; and
providing for the permit rates to be added to the City's Master Schedule of Fees.MOTION - Coontz
SECOND -
Cavecche AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved that Ordinance No. 11-01
be read by title only and same was set for second reading by the preceding vote.PAGE 21
CITY COUNCIL MINUTES October 9, 2001
9. LEGAL AFFAIRS (Continued)
9.4 ORDINANCE NO. 12-01 (SECOND READING) (A2500.0 Massage
Therapy)An Ordinance of the City Council of the City of Orange Amending Section5.56.070 of
the Orange Municipal Code Relating to Massage Permit
Requirements.MOTION - Slater
SECOND - Cavecche AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that
Ordinance No. 12-01 be read by title only and same was set for second reading by the
preceding vote.9.
5 ORDINANCE NO. 13-01 (SECOND READING) (A2500.0 Tentative Tract Maps)
An Ordinance of the City Council of the City of Orange Amending Chapter 16.35 of Title 16 of
the Orange Municipal Code to provide for the processing of Vesting Tentative Maps for Non-
Residential Subdivisions.
MOTION - Alvarez SECOND -
Cavecche AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 13-01 be read by title only and same was set for second reading by the preceding
vote.9.6
ORDINANCE NO. 15-01 (FIRST READING) (A2500.0 Parcel Maps, Final)An
Ordinance of the City Council of the City of Orange amending Chapter 16.08 of the Orange Municipal
Code to add certain form and content requirements for final parcel and tract maps.MOTION -
Coontz SECOND - Slater
AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved that Ordinance No.
15-01 be read by title only and same was set for second reading by the preceding vote.
9.7 ORDINANCE
NO. 16-01 (FIRST 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 - Slater
SECOND - Murphy AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche PAGE 22 T
CITY COUNCIL MINUTES October 9,2001
9. LEGAL AFFAIRS (Continued)
Moved that Ordinance No. 16-01 be read by title only and same was set for second reading
by the preceding
vote.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED
SESSION The City Council recessed at 7:40 p.m. to a Closed Session for the following purposes
and reconvened to the Council meeting at 7:45 p.
m.:a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case)
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any ofthe matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Donna Sigalas, 696 N. Fern, spoke on concerns with the Orange Unified School District.
The following people spoke in opposition to a dog park at Yorba Park:
Roger Bonzer, 2548 E. Burly
Mary Dargatz, 2534 E. Burly
Roberta Bonzer, 2548 E. Burly
Jerry Carroll, 354 S. Tracy
Bob Bennyhoff, Orange Park Acres, congratulated the Council on the selection of Phil Bonina as
Planning Commissioner.
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT 4-00; NEGATIVE DECLARATION
1653-00;2000-2005 DRAFT HOUSING ELEMENT UPDATE: (C2300.
E GPA 4-00)Time set for public hearing to consider General Plan
Amendment 4-00, Negative Declaration 1653-00 and the 2000-2005 Housing
Element Update. In accordance with State requirements,the City has prepared an update to the Housing
Element of its General Plan. The Housing Element is a policy statement which sets forth the City'
s housing strategy. It identifies goals and programs intended to preserve and enhance the
community's residential character, and to expand housing
opportunities for all segments of the population.Note: Negative Declaration 1653-
00
addresses the
CITY COUNCIL MINUTES October 9,2001
13. PUBLIC HEARINGS (Continued)
Joan Wolff, Senior Planner, reported the current Housing Element was adopted in 1993 and
approved by the State. There is a requirement to update this Element on a five year cycle, which
was deferred until the year 2000. One of the first steps in updated the Housing Element was to
participate in the Regional Housing Needs Assessment (RHNA) process. This process is a
statewide growth forecast and establishes housing production goals, which is the number of
housing units that should be supplied to meet the City's housing needs for various income levels
within the community. The City first looks to RHNA for the goals and then determines what
actions are needed to meet those goals. The RHNA for Orange is 3200 housing units with a need
for approximately 1000 of those affordable to low and very low income households.
The first draft was submitted to the State in October 2000 and the City received a compliance
letter from the State Department of Housing and Community Development in July 2001.
The Planning Commission recommended approval of the Housing Element and added a
recommendation that the Council go one step further to encourage production of more affordable
housing, suggesting the City look at amending the Affordable Housing Plan, which is an
implementation plan to look at adopting stricter requirements for affordable housing. The
Affordable Housing Plan would be the appropriate vehicle for considering new requirements
regarding housing policy.
COUNCIL QUESTIONS
Councilmember Cavecche asked why the five-year cycle was not adhered to if it is a
state requirement. Ms. Wolff explained the state changed their requirements. Also, the State has
to fund the RHNA process and they did not allocate funding for this. Because they did not have
the growth forecast, cities could not amend their housing
elements.Councilmember Coontz asked what the projections are based on since census figures were
not available since ten years can make a significant difference in Orange County; and asked
for clarification that the Housing Element could be approved now and then the Council can
tackle the Affordable Housing Plan in the near future with ideas on how the City can meet those
goals.She stated Orange has done an excellent job in conjunction with the Orange
Housing Development
Corporation.Ms. Wolff explained there was a movement in SCAG that asked for a deferral in the
Housing Element update until 2000 census data was available, but the state declined to defer that
deadline any further, so cities were precluded from using any 2000 census information. She
further explained if the City wants to look at new policies, that can be included in the
Affordable Housing
Plan.Councilmember Slater stated he has been involved with RHNA numbers through the City'
s membership in the Orange County Council of Government, and the Housing Element is late,
but apparently for legitimate reasons. It was his understanding there was some urgency in
getting PAGE
24
CITY COUNCIL MINUTES October 9, 2001
13. PUBLIC HEARINGS (Continued)
this adopted because of funding that may be in jeopardy if the City does not move ahead. The
Director of Community Development confirmed that a number of funds are tied to having an
approved Housing Element.
Councilmember Slater noted the Planning Commission wanted the Council to add an
Inclusionary Housing requirement in the Affordable Housing Plan. However, he was concerned
that in Orange, there are already so many housing units that are in dire need of rehabilitation.
Orange has been very aggressive in accomplishing this, but he is leery about requiring
developers to build more affordable housing units when there are already many units that need
assistance.
For the record, Councilmember Slater also stated that he wants to stop making up the deficit of
affordable housing and low income housing on the back of Old Towne, because it seems like that
has always been the attitude over the years - justthrow it downtown and throw it in the R-3 and
R-4 areas. He noticed in the Housing Element it says that in R-3 and R-4 areas,
of which there are some in Old Towne that he'd like to see go away, that that area does
allow for transitional housing and those types of needs of which the City has been putting a lot of in
Old Towne. He personally is a little tired ofthat. Old Towne is getting over concentrated with this
type of usage.MAYOR MURPHY OPENED
THE PUBLIC HEARING Maya Dunne, St. Joseph Health System, 500 S. Main Street, spoke in
support of affordable housing, focusing on those earning less than $35,000 per year. St.
Joseph Health System employs 3700 people in Orange, some of which fall into this category. In
response to questions by Councilmember Coontz, she did report that St. Joseph is looking into
assisting their own employees on a
system wide basis.Sister Marie Gaillac, Sisters of St. Joseph, 2075 Greengrove, spoke on the need
for low income housing throughout
the entire City.Lois Barke, 2022 Spruce, spoke in support of maintaining existing
residential neighborhoods in West Orange and providing affordable housing for people who already
live in Orange.Betty Murrill, 603 E. Almond, asked that affordable housing be included
in
each new development.MAYOR MURPHY CLOSED
THE PUBLIC HEARING Councilrnember Coontz stated she has been involved with the
Orange Housing Development Corporation (OHDC) for many years and found that it is necessary to
combine financing from many different sources. Housing is a burden of many different agencies, some
of which have been difficult to deal with. Quality housing is very important and is the basis for
the OHDC and they do have units scattered all over the city. Housing rehabilitation is also
very important,
CITY COUNCIL MINUTES October 9, 2001
13. PUBLIC HEARINGS (Continued)
low income housing is extremely expensive. Orange has a number of new units and are doing
well, but could do even better with the help of agencies and non-profit
organizations.Mayor Murphy suggested moving this item forward, but also take the recommendation to look
at the housing policy through the amendment and update of the Affordable Housing Plan.
That provides the economics and vehicle to move forward so that available funds can be put to use,
as well as takes into account the concerns that have been voiced to make sure there are
incentives,rather than requirements, in place to accomplish the goals that are being set out. The City
needs to serve all income strata and ensure that existing units are rehabilitated. It is a balanced
effort.Councilmember Cavecche stated the City has done a very good job in conjunction with
the OHDC, but has missed the boat with new development. The City needs to look at requiring
low income housing with new developments, and make a concerted effort with new developments
in East Orange. However, she expressed disappointment with the proposed Housing
Element,stating it is unimaginative. It lays out technical details, but fails to set up a strategy on how
to obtain its goals; and noted the importance of providing housing for our own
employees.Mayor pro tem Alvarez agreed with Councilmember Cavecche that the Housing Element
needs to provide more direction on what the City can do and address strategies on how to implement
its goals. We need new approaches in making affordable housing available to those who work
in Orange - whether it be for police, fire or teachers. He wished the Element went into more detail,
but it is the best thing at this time.
Councilmember Coontz pointed out the State is requiring this document, but doesn't seem to be
doing much to help cities with this issue.
MOTION - Slater SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz NOES - Cavecche Moved
to approve General
Plan Amendment 4-00 and Negative Declaration 1653-00 as outlined in Planning
Commission Resolution No. PC-29-0l.
Councilmember Cavecche voted No because it will be extremely awkward to have a second
piece ofliterature along with this, as it should have been included.
13.2 TENTATIVE TRACT MAP NO. 16218; MAJOR SITE PLAN REVIEW NO. 185-
01; CONDITIONAL USE PERMIT NO. 2372-01; VARIANCE NO.
2098-01;MITIGATED NEGATIVE DECLARATION NO.
1670-01; BRANDYWINE DEVELOPMENT CORPORATION (T4000.
0 TRT 16218)Time set for public hearing to consider a request from Brandywine
Development Corporation for construction of a 21-lot gated single family planned unit development
at 1740 Bolingridge Drive Bolinger Estate). The proposed project involves the subdivision
and grading
CITY COUNCIL MINUTES October 9, 2001
13. PUBLIC HEARINGS (Continued)
5.4 acres of land. On-site circulation consists of a private loop road. Common open space
for the project would be provided by four lots (total1.63 acres). The proposal includes
the demolition of an existing single family residence and assorted accessory structures and
removal of much of the existing vegetation. NOTE: Mitigated Negative Declaration No. 1670-01
and a Mitigation Monitoring Program have been prepared for the proposed project in
accordance with the California Environmental
Quality Act.Mayor Murphy indicated a letter was received on October 9, 2001
from Brandywine Development requesting a continuance of this item to January 22, 2002 and asked that
the item be referred back to the Planning Commission and Design Review Committee for
further review
and consideration.MOTION -
Alvarez SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved
to continue to January 22, 2002 and refer back to the Planning Commission and Design Review
Committee for further review and consideration; and the hearing to be re-noticed.
14. PLANNING AND ENVIRONMENT
14.1 Report from the Director of Community Development on the request to rezone the
300 and 400 blocks of South Grand Street. (Continued from September 25, 2001)
ZI500.0)
Note: Councilmember Slater abstained on this item due to his residency and property ownership
in Old Towne; and left the dais.
The Director of Community Development summarized the report, indicating there are four
options for this area: 1) leave the zoning as it presently exists as R-2 and amend the General
Plan to Low Medium Density; 2) leave the General Plan designation at Low Density and change
the zoning to R-l; 3) adopt an overlay zoning district that would substantially reduce and
define the development intensity allowed in the area and keep the General Plan designation of
low density;and 4) do nothing in the area. Staff recommended Option
No.1.Councilmember Coontz reported Floor Area Ratio (FAR) issues were brought up
years ago.They were developed for the entire City, and she had asked that this issue
be considered separately for Old Towne, as the lots are unique and should be dealt with differently and
more in keeping with an historical area. Consideration should be given to whole blocks
and maintaining a natural harmony for
the streetscapes.
CITY COUNCIL MINUTES October 9, 2001
14. PLANNING AND ENVIRONMENT (Continued)
PUBLIC COMMENTS
The following people spoke in favor of rezoning the area to R-
l:Janet Crenshaw, 464 N.
Shaffer Ann Siebert, 340 S.
Olive Patti Ricci, 618 E.
Culver Robert Imboden, 226 W.
Palmyra Jeff Frankel, 384 S.
Orange John Goode, 438 S.
Grand Joan Crawford, 394 S.
Orange Mary Matusak, 340 S.
Grand Noel Wilcox, 458 S.
Grand Shannon Tucker, 543 E.
Culver Gary Zdenck, 391 S.
Orange In response to public questions, the Director of Community Development reported the
sources used for the planning study include historic property surveys and City building permits; and
that Culver Street would not be affected by the recommended options since it is zoned
R-1.TAPE
2 --4370
COUNCIL COMMENTS Councilmember Coontz commented on the recommendation to change the
General Plan designation, which seems to promote one density and include all zoning in the area, both
R-l and R-2; asked if there is a minimum area required for a General Plan
designation; and how non-conforming lots are affected with mortgages and financing. She noted
the traffic and parking problems that have occurred with the change in the neighborhood, pointing
out the benefit of utilizing the City's Neighborhood Enhancement Team in helping
to resolve these issues.Mayor pro tem Alvarez explained that for financing, banks generally
look at property and whether it is owner occupied or if it is income property with additional
units. He commented on the importance of maintaining the historic fabric and quality of the area,
and supports the request to rezone
the area to R-1.Councilmember Cavecche agreed the area needs to be rezoned to R-
l as it is already over developed, pointing out that an R-l zoning does allow
for granny units. An R-l zoning
would also address some of the other issues.Councilrnember Coontz stated that even if the area were
rezoned to R-l, it does not address the FAR issues, which is a major problem in
Old Towne and has created negative results. There was an attempt to address it years ago, but it
was never
CITY COUNCIL MINUTES October 9, 2001
14. PLANNING AND ENVIRONMENT (Continued)
stressed the importance of the need to retain the natural harmony of the streetscape, suggesting
that the FAR, bulk and mass and historic preservation issues be dealt with separately in specific
motions. She expressed concern over what would happen legally and financially to non-
conforming lots.
The Director of Community Development explained this zoning issue will come back before the
Council through the public hearing process and staff can look at changing the zoning code to
refine the FAR. They have already studied Grand Street and can address these blocks first,
which will generate interest from other blocks with the same concerns.
Mayor Murphy expressed concern that changing the zoning from R-2 to R-l would not
solve the problems in the area that were there long before the historic designation, noting that it is
not the new developments that seem to be causing the majority of the problems. There is also a
need to look at FAR and other requirements. He could not support rezoning the area, but also
did not want to see the General Plan designation changed to increase the density. He
suggested dealing with issues that are specific to Old Towne through Design Guidelines, and explore
these issues rather than simply changing the zoning. He also suggested more information be provided
on the problems of creating a large number of non-conforming lots if a zone
change were implemented.In response to Council questions regarding the need for a moratorium,
the Director of Community Development reported there are no current applications for
development in this immediate area and possibly only one that is being discussed for the larger area
of Old Towne.In order to conduct a study on the historic preservation standards, FAR
requirements and bulk and mass issues, staff would need at least four to six months and probably the
assistance
of a consultant.
MOTION - Alvarez SECOND -
Cavecche AYES - Alvarez, Cavecche
NOES - Murphy, Coontz ABSENT -
Slater Direct staff
to pursue Option #2 outlined in the Staff Report, to initiate a Zone Change from R-2-to
R-l in the Southeast Quadrant of the Old Towne District, specific to the 300 and 400 blocks of
South Grand.
MOTION FAILED
Councilmember Coontz stated this does not answer the questions she has asked. If those issues
are answered, she could reconsider the rezoning to R-
1.PAGE
CITY COUNCIL MINUTES October 9, 2001
14. PLANNING AND ENVIRONMENT (Continued)
MOTION - Coontz SECOND -
Murphy AYES - Alvarez,
Murphy, Coontz NOES - Cavecche ABSENT -
Slater Direct staff
to evaluate the
Floor Area Ratios in the 300 and 400 blocks of South Grand Street,along with other suggestions to
protect the historic integrity of the area.MOTION PASSED MOTION - Murphy SECOND -
Coontz AYES -
Murphy NOES - Alvarez,
Coontz, Cavecche ABSENT -
Slater Direct staff
not to pursue action to
initiate a moratorium
on the building of additional units within Old Towne at this time.MOTION FAILED MOTION - Alvarez
SECOND - Cavecche AYES - Alvarez, Coontz, Cavecche
NOES - Murphy
ABSENT - Slater Moved
to direct staff
to initiate a moratorium for
the 300 and
400 blocks of
South Grand; the scope of the moratorium to be limited to the building of secondary units.MOTION PASSED
MOTION - Cavecche SECOND - Alvarez AYES - Alvarez, Murphy, Coontz, Cavecche ABSENT - Slater Moved to
continue the
request to rezone
the 300 and
400 blocks of the South Grand
until the meeting
when staff brings back the FAR Study; so that it be heard in tandem with the FAR findings.
MOTION PASSED PAGE 30
CITY COUNCIL MINUTES
15. ADJOURNMENT
MOTION - Cavecche SECOND -
Alvarez AYES - Alvarez,
Murphy, Coontz, Cavecche ABSENT - Slater The
City Council adjourned
at 11 :25 p.m.CrcivA<-d CASSANDRA J.
CCART,
CMC CITY CLERK October 9,
2001 1/
f~IIi7/HY
MAYORPAGE 31r---