HomeMy WebLinkAbout3_14_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 28, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 14,2000
The City Council of the City of Orange, California convened on March 14,2000 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
Ms. Pansy Barton, Assistance League of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Girl Scouts ofthe City of Orange presented the colors and lead the Pledge.
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 124 A proclamation
honoring Girl Scout Week - Be Your Best Day, March 12, 2000, in celebration of the
88th Anniversary of the Girl Scouts of the USA, was presented to Norma Hockensmith, Orange
Community Relations Chairman.Mayor Coontz announced
that every ten years, the U.S. Government conducts a census to count all persons
living in the United States. This week the U.S. Census is mailing out census forms to
all households. A household member will be asked to complete the form and mail it
back before April I. It is very important that someone in each household complete the questionnaire
and mail it back to the Census Bureau by April I, 2000. The Census is important
for the following reasons: I)The federal govemment uses census numbers to allocate
over $100 billion in federal funds annually for community programs,including education, housing,
health-care and job training; 2) State and local governments use census
information for planning and allocating funds for construction of new schools,libraries, and
highways; 3) Community organizations use census information for developing social
service programs such as senior lunch programs and child-care centers;and
4) Businesses use the numbers to decide where to locate factories and shopping centers (
leading to the creation of jobs in the area). The City of Orange is working with Census
2000 by reminding its residents of the importance of the Census to the community
via water bill inserts, cable, public service announcements, posters in all public
facilities, articles in the Orange Progress, providing census forms at its libraries,and
by presenting a proclamation.PAGE
1
CITY COUNCIL MINUTES March 14, 2000
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued)
A Census 2000 proclamation was presented to Julie Lamly, Assistant Regional Manager
of the United States Census Bureau.
Mayor Coontz reported on Council's participation in the Olive Little League Opening.
Council Members will also be participating in the Principal for a Day Program through
the OUSD on March 15, 2000.
2.PUBLIC COMMENTS Tape 534
Robert West, P. O. Box 2793, Orange, presented a document to Council to review.
C3500.0)
Carole Walters, (address on file), asked how long Collins Avenue will be closed to
traffic, expressing concern for emergency vehicle access. Ms. Walters commended the
City Manager and Fire Department on Grand Street on doing an outstanding job.
The Director of Public Works responded that Collins Avenue will not be closed until the
Walnut Bridge is reopened to traffic at the end of this month.
3.CONSENT CALENDAR Tape 695
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of March 14, 2000 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 February 17, 24
and March 2,
2000.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting February 8 and
22,
2000.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES March 14, 2000
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Second Amendment to Consultant Agreement with Purkiss-Rose, RSI for
Master Plan of Parks, Recreation and Facilities. (A2100.0 AGR-
2836.2)SUMMARY: The Second Amendment to the Consultant Agreement
with Purkiss-Rose,RSI in the amount of $9,680 includes a fee increase for Purkiss-
Rose, RSI's sub-consultant, Hogle-Ireland, to perform additional work
on the fee study. Hogle-Ireland will perform land appraisals in East Orange for
the formation of second Quimby district for the collection of park fees. It is proposed that the City
be divided into two districts for purposes of determining residential fair market
land values which will determine the parkland
dedication fees under the Quimby Ordinance.MOTION: I) Approved the Second
Amendment to Consultant Agreement between the City and Purkiss-Rose, RSI, for the Master Plan
of Parks, Recreation and Facilities in the amount of $9,680; 2) Approved a transfer in
the amount of $9,680 from Park,Acquisition and Development Funds (510)
unappropriated reserves to the Master Plan of Parks Account No. 510-7021-
485100-0008; and 3) Authorized the Mayor and City
Clerk to execute the amendment on behalf of the City.FISCAL IMP ACT: After the
fund transfer is executed, there will be appropriate funds to pay for
the first amendment fee increase in
Account No. 510-7021-485100-0008 (Park Acquisition-Master Plan of Parks): $9,680.3.6 Agreement
with A.E.F. Systems Consulting,
Inc. to assist in the selection of new financial management software. (
A2100.0 AGR-3471)SUMMARY: The City's financial management software (FMIS) is approximately 13 years
old and is scheduled for replacement. Staff is recommending hiring A.E.F. to
assist in the selection of the new software. The scope of work
proposed includes determining and documenting the City's requirements of
the software, identifYing potential vendors,developing an evaluation methodology, preparing a
Request for Proposal, reviewing vendor proposals, coordinating vendor demonstrations and
site visits, assisting in the evaluation process and assisting in contract negotiations with selected vendor.
ACTION: Approved the agreement with A.E.F. Systems Consulting, Inc. to assist in
the selection of new financial management software for a not-to-exceed fee of $50,
280 and authorized the Mayor and City Clerk to execute the agreement
on behalf of the City.FISCAL IMPACT: Adequate
funds are
CITY COUNCIL MINUTES March 14, 2000
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.7 Appropriate (transfer) Funds Received from Library Patron Donations and Rental
Book Revenues. (C2500.I)
SUMMARY: Donations from patrons and rental book revenues are collected over a
period of time. When funds reach a sufficient amount they are then appropriated to an
expenditure account to purchase books, videos, and CDs.
ACTION: I) Appropriated $5,400 received from patron donations to Account No. 100-
2001-443101-9986 (Library Materials) to purchase library books; and
2) Appropriated 4,200 received from Account No. 100-2011-252100-
9987 (Rental Book Revenues) to Account No. 100-2001-443101-
9987 (Library Materials for Rental
Books) to purchase
additional
rental books and tapes.FISCAL IMPACT: None.BIDS 3.8 Final Contract Change Order
to Sequel Contractors, Inc.; Bid No. 990-01; Project No.
SP-3239-A, Phase lA, Street Rehabilitation Improvements for Tustin
Street from Chapman Avenue to La Veta Avenue. (A2100.0 AGR-3309)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in final
as-built quantities at contract unit price and unforeseen extra work beyond the originalscope
of work. The total contract cost for Phase 1A is $587,302.14.ACTION: Approved
a Contract Change Order in the amount of $21,367.14 to Sequel Contractors,
Inc. for
the additional quantities at contract unit prices and extra work at agreed
price.FISCAL IMPACT: Funds are budgeted
or are available in Account
No. 272-5011-483300-4037 (Gas Tax) $21,367.14 3.9
CLAIMS (C3200.0)The
City Attorney recommends
that the Orange
City Council deny
the following Claim(s) for
damages:a.
CITY COUNCIL MINUTES March 14,2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None.
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Professional Services Contract with National Engineering Technology (NET)
Corporation. (A2100.0 AGR-
3470)SUMMARY: This contract with National Engineering Technology (NET)
Corporation in the amount of $110,549.00 will provide professional services to develop a new
state-of-the-art traffic surveillance and management center
for the City.ACTION: Approved contract and authorized Mayor and City Clerk to
execute on
behalf of City.FISCAL IMPACT: Funding for this project is available in
the following accounts:285-5032-483199-3126 (TSM
Electronics, Visual/Data) $100,000.00
284-5032-483199-
3126 (TSM Electronics) 45.750.00 145,750.00 3.11 New contract with
Standard Insurance Company for Employee Life and Long Term Disability
Insurance effective January 1,2000. (A2100.0 AGR-3469; AGR-3472)SUMMARY: The
new Standard Life contract will replacethe Hartford Life and Long Term Disability insurance with
a 33.3% reduction of costs to the City of Orange.
ACTION: Approved a 36 month contract with Standard Insurance Company and
authorized Mayor and City Clerk to execute on behalf of City.FISCAL IMPACT:
The current budget and projected budget for the Fiscal Year 1999-2000 contain adequate
funding to accept the new Standard Life and Long Term Disability programs.
The terms of Standard Life Insurance and Long Term Disability contracts include a 36 month contract with
a 34.9% reduction in premiums ($18,851.00) for the Basic Life
product, 33.3% reduction for the Basic Accidental Death and Dismemberment product, ($2,548.
00) and 32.7% reduction to the Long Term Disability program,41,902.00). This
incomparison to our existing insurance's through Hartford, is a 33.3% or $63,301.00 savings for
each year of the contract.
The cost
CITY COUNCIL MINUTES March 14,2000
3. CONSENT CALENDAR (Continued)
EQUIPMENT PURCHASE
3.12 A sole source purchase from U. S. Traffic Corporation for upgrading Fail-Safe
and Conflict Monitor. (S4000.S.3.
3)SUMMARY: This is a sole source purchase order in the amount of $128,976.75
with U.S. Traffic Corp. for upgrading Fail-Safe and Conflict Monitor units at
76 signalized intersections in
the City.
ACTION: Approved.FISCAL IMPACT: Funding for this purchase order is available in Account
No. 272-5032-483100-6096 (
Replacement of Failsafe
Devices).FINAL TRACT MAP 3.13 Request approval for the recordation of Final Tract Map No.
14550. (
T4000.0 TRT-14550)SUMMARY: Sun Cal Companies is requesting that the
City Council approve the recordation of Tract Map No. 14550. This project is the first
phase of the Serrano Heights Development approved by Council as part of Tentative
Tract Map 14550. All plans have been approved, fees paid and bonds
posted to guarantee improvements.ACTION: Approved the request by Sun Cal Companies for the
recordation of Final
Tract Map No.
14550.FISCAL
IMPACT: None.LAND PURCHASE 3.14 Purchase oflO foot wide strip ofland at 733 N. Hewes
Street. (A2100.0 AGR-3468)SUMMARY: Purchase of a strip of land to be included
within the
widening of North Hewes Street.ACTION: Authorized the Mayor and the City Clerk to
execute all escrow papers and related documents for the purchase of a 10 foot wide strip of
land located at 733 N.Hewes Street. The purchase price is $6,761.
00 plus related escrow costs.FISCAL IMPACT: Funds are available in T.S.I.P. Area
C -
Account No.
285-5011-483300-3243.PAGE 6
CITY COUNCIL MINUTES March 14,2000
3. CONSENT CALENDAR (Continued)
QUITCLAIM
3.15 Quitclaim of an old Santa Ana Valley Irrigation Company Easement at 1534 I1a
Drive. (D4000.0)
SUMMARY: This S.A.V. 1. easement has been abandoned for many years and has been
offered to the adjoining property owners for their private use.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Brian R.
Matthews and Debbie Lynn Matthews for the S.A.V.1. easement located at 1534 I1a
Drive.
FISCAL IMPACT: The $75.00 fee has been deposited in Account No. 100-
273500 General Fund
Revenue).RATIFICATION OF DECLARATION OF
EMERGENCY 3.16 Review the existence of a local emergency as declared on April 1, 1999 (Vista
Royale
Tract).ACTION:
Approved.
RESOLUTIONS 3.17 RESOLUTION NO. 9231 (T4000.0
TRT-14360)A Resolution ofthe City Council ofthe City of Orange upholding the
recommendation of the Planning Commission and approving a Tentative Tract Map to allow
the subdivision of 204 acres of property located in the Peralta Hills in "Serrano Heights",
along Serrano Avenue between Apache Creek and Nohl Ranch Roads, north of Santiago
Creek and Santiago Oaks Regional Park, into 425 single-family and
2 multi-family residential parcels with 17
non-buildable open space lots.Tentative Tract
Map 14360,
Applicant: SunCal Companies ACTION: Approved.3.18 RESOLUTION
NO. 9232 (A2100.0 AGR-3262)A Resolution of the City Council of the City
of Orange finally accepting the completion of a certain public work and improvement;
Bid No. 989-40; W-590; Western Power Industrial; Furnish
and Install
Engine-Driven
CITY COUNCIL MINUTES March 14, 2000
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.19 RESOLUTION NO. 9233 (C2500.M.4.l)
A Resolution ofthe City Council of the City of Orange determining that there is a need to
continue the installation of a Methane Gas Control System at Yorba Park in response to
an emergency.
NOTE: Mayor pro tern Spurgeon abstained from voting on this item due to a conflict of
interest with his employment at Orange County.
Discussion: Carole Walters, (address on file), expressed support for the installation of the
Methane Gas Control System.
MOTION - Alvarez SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon Moved
to approve Resolution
No. 9233.3.20 RESOLUTION NO.
9234 (A2100.0 AGR-3285)A Resolution of
the City Council of the City of Orange finally accepting the completion of a certain
public work and improvement; Bid No. 989-39; SP 3095; Hillcrest Contracting, Inc.;
Critical Intersection Improvements at Main Street and Chapman Avenue.ACTION:
Approved.
3.21
RESOLUTION NO. 9235 (A2l00.0 AGR-3294)A
Resolution of the City Council of the City of Orange finally accepting the completion of
a certain public work and improvement; Bid No. 989-45; SP 3265; Fleming
Environmental, Inc.; The City of Orange Fire Station #8 Temporary Facility.
ACTION: Approved.
3.22 RESOLUTION NO. 9236 (A2l00.0 AGR-
3309)A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 990-01; SP 3239-
A; Phase lA;Sequel Contractors, Inc.; Street Rehabilitation Improvement for
Tustin Street from Chapman Avenue to
La Veta
Avenue.ACTION:
CITY COUNCIL MINUTES March 14, 2000
3. CONSENT CALENDAR (Continued)
VEHICLE REQUEST
3.23 Request to use the Police Traffic Van in the Baker to Vegas Relay Race. (C2500.K)
SUMMARY: The Baker to Vegas Relay Race is a competitive running event that covers
120 miles. It began as a competition between the Los Angeles Police Department and the
Los Angeles County Sheriffs Department that has grown into an event for law
enforcement agencies nationwide. The City of Orange Police Department has
participated in this event for nearly a decade.
ACTION: Approved the use of the Police Traffic Van and gas for a follow vehicle in the
Baker to Vegas Relay Race, April 15 and 16, 2000.
FISCAL IMPACT: None.
MOTION - Alvarez SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 3.
19 was removed and heard separately. Mayor pro tern Spurgeon did not vote on Item No.
3.19 due to a conflict of interest. The remainder of the Consent Calendar was approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR COONTZ 4.1 Update
on Jail Issue.Mayor Coontz gave
the following report: Last week the City's uphill battle got a bit steeper. If you read the
full text of Measure F, you will discover that it makes the East Orange area extremely vulnerable to
a second maximwn security jail. For the taxpayers, the so-called remote site will
have serious financial and environmental impacts, and could tack an additional $150 million on
to the jail's price tag. Orange is already home to the Theo Lacy Branch Jail, slated to be the
largest jail facility in the County. Armed with the Theo Lacy Agreement and our extensive plans
for East Orange, we will continue to fight on and fight against an additional jail.Our City
already carries far more than our fair share of County facilities. We deserve a break. If we get
a second jail, with Orange having only 5% of the County's population, we would be handling 70%
of the prisoners in the County of Orange, which is excessive.PAGE 9
CITY COUNCIL MINUTES March 14, 2000
5. REPORTS FROM COUNCILMEMBERS
OFF-AGENDA ITEM - MEASURE F
Councilman Alvarez commented he has been a supporter of Measure F (no airport at El Toro);
expressed delight that Measure F had passed on March 7th ballot; and indicated that over 67% of
the voters in Orange County voted in support of Measure F.
Mayor Coontz noted that under Measure F a 2/3rd's vote of the people in the County of Orange
could put ajail in the City of Orange.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 890
6.1 Appoint Furman Roberts and Beulah Liebich to fill the vacancy created by James
Smith and Gene Beckerbauer on the Orange Elderly Services, Inc. Board of Directors,
terms to expire 01/2001. (OR1800.0.2l)
Mayor Coontz commented that the Executive Director of Orange Elderly Services, Inc. has
recommended the appointments. Both individuals have contributed for many years to the Orange
Elderly Services Board of Directors.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve.
7. ADMINISTRATIVE REPORTS -
None 8. REPORTS FROM CITY
MANAGER - None 9.NOTICED HEARINGS Tape 912
9.1 ASSESSMENT OF NUISANCE
ABATEMENT COSTS; 400 SOUTH FLOWER STREET, UNIT 77. (C2500.G.
3)Time set for anoticed
hearing on petition by the City of Orange to assess the costs of nuisance abatement against the following property:
400 S. Flower Street, Unit
77; Assessor's Parcel No. 390-052-32 Property Owner: Jean
Fletcher Mayor Coontz explained
the process, noting that the noticed hearings relate to health and safety issues. When clean-
up of the property is not performed within a reasonable amount of time, the City has
the responsibility to do the clean-up.PAGE
10
CITY COUNCIL MINUTES March 14, 2000
9. NOTICED HEARINGS (Continued)
Mayor Coontz recognized Jean Fletcher, 400 S. Flower Street, Unit 77, submitted a written
protest and objection to the charges. Ms. Fletcher expressed concern that many new or near new
items were thrown out; that she was being charged for boxes that were re-packed; and that
she was only allowed into her house during hours she was working. Ms. Fletcher said the money
it has taken her to replace items far exceeds the money she is being charged, but that she is
willing to pay $500.00 by March 17" and $200 per month thereafter until the balance has been
paid.The City Attorney referenced a four page log that was maintained by the Code
Enforcement Officer, noting that this matter began with a complaint received on September 9, 1998.
The Police Department and Health Department were also involved. He explained that one-half
of the cost of the abatement work payment would be due to the County Assessor and Tax
Collector in December, 2000. The other half of the payment would be due in
April, 2001.Councilman Alvarez commented the invoice for services rendered to clean up the
property was reasonable, considering the extent of the
clean up.Mayor Coontz commented that a lot of personal attention was given to the clean up
effort, noting that all the valuables found interspersed throughout the house were carefully placed
in separate containers on the kitchen table. The City is not only concerned about the health and safety
of the individual property, but the adjoining properties as welL There being no further
speakers, Mayor Coontz closed the Noticed
Public Hearing.RESOLUTION
NO. 9238 A Resolution of the City Council of the City of Orange confirming the report of
charges for abating a nuisance at property located at 400 South Flower Street, Unit 77,
APN # 390-052-32,and ordering that said charges be assessed against the
property and its
owner.MOTION - Alvarez
SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to adopt Resolution No.
9238.9.2 ASSESSMENT OF WEED ABATEMENT COSTS; 405 NORTH
CYPRESS STREET (C2500.H.
2)Time set for a noticed hearing on petition by the City of Orange to assess the costs of
weed abatement against the following
property:405 North Cypress; Assessor's Parcel No.
039-142-12 Property Owner:
David Lloyd
CITY COUNCIL MINUTES March 14,2000
9. NOTICED HEARINGS (Continued)
The City Attorney commented that Mr. Cuthbert submitted a written response to the noticed
hearing, claiming the Fire Department had sent invoices to an incorrect address. The City
Attorney indicated a notice was sent to Mr. Cuthbert on July 24, 1998 at the address which Mr.
Cuthbert claimed to be his correct address in his letter of March 14, 2000. However, the July 24,
1998 letter was returned to the City, with no forwarding address on file. Many attempts were
made by the Fire Inspection Officer to obtain an address for Mr. Cuthbert. The City Attorney
noted that Mr. Cuthbert also disputes the $350 administrative fee for which he believed he was
being charged twice. The City Attorney explained the invoice amount remained the same,
regardless of whether or not Mr. Cuthbert had received the first invoice. No one spoke on this
item.
RESOLUTION NO. 9239
A Resolution of the City Council of the City of Orange confirming the report of charges for
abating weeds at property located at 405 North Cypress Street, APN # 039-142-12,
and ordering that said charges be assessed against
the property.MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to adopt Resolution No. 9239.9.
3 ASSESSMENT OF WEED ABATEMENT COSTS; VACANT LOT EAST OF 731 N.
MALLARD ST. (ADJACENT TO THE FLOOD CONTROL CHANNEL). (C2500.H.2)Time
set for a noticed hearing on petition by the City of Orange to assess the costs of weed abatement
against the following property:Vacant
lot east of731 North Mallard Street and adjacent to the flood control channel; Assessor's Parcel
No. 383-071-05; Property Owner: Avedis and Joqulen Kasparian. No one spoke on
this
item.RESOLUTION NO.
9240 A Resolution of the City Council of the City of Orange confirming the report of charges
for abating weeds at property located at the vacant lot east of 731 North Mallard Street and
adjacent to the flood control channel, APN # 383-071-05, and ordering that said
charges be assessed
against the property.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 12
CITY COUNCIL MINUTES March 14, 2000
9. NOTICED HEARINGS (Continued)
Moved to adopt Resolution No. 9240.
9.4 ASSESSMENT OF NUISANCE AND WEED ABATEMENT COSTS; 908 EAST
LINCOLN AVENUE AND 2012 NORTH SHAFFER STREET (C2500.H.2)
Time set for a noticed hearing on petition by the City of Orange to assess the costs of nuisance
and weed abatement against the following properties:
908 East Lincoln Avenue; Assessor's Parcel No. 374-
491-10 2012 North Shaffer Street; Assessor's Parcel
No. 374-431-13 Former Property Owner: Samuel Cooper - No one spoke
on this item.
RESOLUTION NO. 9241 A Resolution of the City Council of the City of Orange confirming the report
of charges for abating weeds and nuisances at property located at 908 East Lincoln
Avenue, APN # 374-491-10, and ordering that said charges be assessed against
the former property
owner.MOTION - Slater
SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to adopt Resolution No.
9241.RESOLUTION NO.
9242 A Resolution of the City Council of the City of Orange confirming the report of charges
for abating weeds and nuisances at property located at 2012 North Shaffer Street, APN #
374-431-13, and ordering that said charges be assessed against the former
property owner.MOTION -
Slater SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to adopt Resolution No. 9242.10.
LEGAL AFFAIRS - None 11. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 13
CITY COUNCIL MINUTES March 14,2000
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:23 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:
Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No.78
02 84; City of Orange v. County of Orange, U. S. District Court Case No. SACV99-1
563AHS(ANx)b.
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - potential litigation: Siting
of Jail Facility c. Conference
with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel
Director Steven Pham; Employee Organizations: Executive Directors and Top
Management and Part-time and Seasonal Employees d.
Public employee performance evaluation pursuant to Government Code Section 54957: City Manager
e.
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 PRESENTATIONS
Mayor
Coontz introduced the "Orange Chiefs Midget Cheerleaders" - 19 girls ranging in ages from 9-
14 who cheer for Orange County Jr. All-American Football. The Orange Chiefs Midget
Cheerleaders performed at the opening of the Olive Little League. The girls have been together
as a group since August, 1999 and have taken the first place prize in three major cheerleading
competitions, in October, 1999 at the Orange County Junior All American Football Cheer
Competition in Cerritos, in November, 1999 at the JAMZ Junior Regional at Magic Mountain,
and in February, 2000 they earned first place at the JAMZ Junior National in Las Vegas. The
Orange Chiefs Midget Cheerleaders performed for the Mayor and City Council. Mayor's
Outstanding Performance Certificates were presented to Coach Bernie Gbondo to distribute to
each girl. (C3500.0)
13.PUBLIC COMMENTS Tape 1728
Carole Walters, (address on file), commented on Measure F and indicated she has a new web
site.
PAGE 14
CITY COUNCIL MINUTES March 14,2000
14.PUBLIC HEARINGS Tape 1795
14.1 APPEAL NO. 467 BY SOUZAN AYOUB, CONDITIONAL USE PERMIT NO.
2304-99, LUXOR RESTAURANT: (A4000.0 APP-
467)The public hearing to consider Appeal No. 467 by Souzan Ayoub concerning the
Planning Commission's denial of Conditional Use Permit 2304-99 to expand a restaurant with
a shared parking agreement on property addressed 2680-2688 N. Santiago Boulevard
to allow amplified music as a supplement to live entertainment and to allow operations on nights
other than Friday,Saturday and Sunday was continued from January 25, 2000. NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act per State CEQA
Guidelines Section 15303.THE APPELLANT STATES THE FOLLOWING REASONS
FOR THE APPEAL:I am appealing the decision from the commission Board from the October
4th public hearing.The decision was made because of undue influence from my neighbors "
Salon Dusserre." The conditions I am proposing will in no way hann the surrounding neighborhood.
When given the chance I will prove that my proposal to change my c.u.P. is within guidelines. I
am a hard working business owner trying to make my business more prosperous. I am
looking forward to seeing you the Council
at the appea1."Mayor Coontz noted that letters to withdraw the appeal were received on March
14,2000 from the former owner of the Luxor Restaurant, Souzan Ayoub, and Senior Owner
of the Luxor
Restaurant, Ezzat Walan.
MOTION - Spurgeon SECOND -
Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to withdraw the
appea1.14.2 ORDINANCE AMENDMENT NO. 1-00, OVERSIZED
GARAGES IN RESIDENTIAL ZONES, CITY OF ORANGE (A2500.0 Zoning, Garages)
Tape 1830 Time set for a public hearing on petition by the City of Orange to consider
a proposed amendment to the Zoning Ordinance to add provisions for site plan review of
oversized garages in the residential zones. Such provisions are necessary to ensure that oversized
garages are appropriately designed to preserve the scale and character ofthe
residential neighborhood.The Planning Manager reported this amendment was triggered by a residential project
where a very tall oversized garage was built in a single-family zone. The garage was out of
scale with the neighborhood. However, since it met all code requirements, the project
was approved. Council directed the Planning Commission to study possible solutions that might allow
oversight to these types of projects in the future. The Planning Commission's recommendation is
to require a minor site plan review for attached or detached garages which have garage doors
that
exceed 8
CITY COUNCIL MINUTES March 14, 2000
14. PUBLIC HEARINGS (Continued)
feet in height and that residential garages be designed and constructed to accommodate motor
vehicles typically associated with single-family household
uses.Councilman Alvarez asked how the Ordinance Amendment would affect people wanting to
build a structure for a motor home? How does the FAR (floor area ratio) come into play?
The Planning Manager explained once submitted to staff, the site plan goes to the Staff
Review Committee to look at code compliance and minor site plan review criteria, and
community aesthetics. The Staff Review Committee can approve the project if they feel it is
appropriate,well designed, and fits in with the neighborhood. If there are great concerns, the Staff
Review Committee can deny the site plan. It could then be appealed, or the Staff Review
Committee could recommend that the Planning Commission consider it. Unless appealed,
notification would not be provided to the neighborhood. No changes are proposed relative to
building setbacks, height, or floor area
ratio.Mayor Coontz asked what the parameters are on accessory units? She indicated that
complaints have been received relative to large accessory (garage-like) units being used
for woodworking production. The Planning Manager explained the code restricts accessory units to 50%
of the size of the principal structure. The FAR covers all structures on
the site.MAYOR COONTZ OPENED THE
PUBLIC HEARING.Carole Walters, (address on file), commented that every issue should be looked
at separately.The subject garage in her neighborhood
looks nice.MAYOR COONTZ CLOSED THE
PUBLIC HEARING.
COUNCIL COMMENTS:Mayor pro tern Spurgeon expressed support for adding the provision requiring a site
plan review of oversized garages in residential zones. He wants assurance there are not a lot
of "blimp hangers" in
the neighborhood.Mayor Coontz indicated when this issue first came up she had asked the Planning
Department to look into the issue of second stories which are incompatible with the
surrounding single-family neighborhoods that were designed as a tract. With any addition in
a single-family neighborhood,the issue of architectural compatibility with the building itself, as well
as the building's architectural compatibility with the neighborhood, is important and
needs to be addressed.The Planning Manager explained there is architectural criteria review
with respect to garage doors which exceed
8 feet
CITY COUNCIL MINUTES
March 14, 2000
14. PUBLIC HEARINGS (Continued)
Councilman Slater commented that he had brought this matter forward because one particular
neighbor was outraged with this oversized garage located in a single-family
neighborhood.Councilman Slater felt this project was significant enough to merit some extra
review.Councilman Slater concurred with the recommendations of the Planning Commission, which
will help prevent inappropriate projects such as this one in
neighborhoods.Councilman Alvarez asked what prevents a garage door height from exceeding 8 feet in height
if the FAR does not change? The Planning Manager explained in a traditional type of
single-family zone, outside of Old Towne, a house could be expanded as long as it stays within the
floor area ratio criteria and meets the maximum height of two stories or 32 feet as setbacks in
the front, back, and side yard. The FARis not relevant to the height of a garage door.
FAR measurers bulk and
mass.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to find that Ordinance Amendment 1-00 is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the State CEQA
Guidelines.
MOTION - Murphy SECOND -
Alvarez AYES -Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve Ordinance Amendment 1-00 as outlined in Planning Commission Resolution No.
PC-9-
00.15. PLANNING AND ENVIRONMENT - None
16. ADJOURNMENT
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council
adjourned at 7:35 p.m.JOANNE COONTZ MAYOR
CASSANDRA J.
CATHCART,
CMC CITY CLERK PAGE
17