HomeMy WebLinkAbout4_11_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 25, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 11, 2000
The City Council of the City of Orange, California convened on April 11, 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
Pastor Larry Powers, Plaza Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Cub Scout Pack No. 850 presented the colors and led the Flag Salute in honor of the City
of Orange's 112th Birthday.
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 118 Resolution No.
9247 was presented to Jack McGee expressing appreciation on his retirement from
the Community Development Department and commending him for over 28 years
of loyal and dedicated service to the City of Orange. A Certificate of Recognition was
presented to Jack McGee on behalf of State Senator John Lewis.A proclamation
recognizing April 8-17, 2000 as "Record-A- Thon Week" for the Orange
County Studio of Recording for the Blind and Dyslexic was presented to Terry Brick,
Director of Development.
A proclamation recognizing April 9-15, 2000 as "National Library Week" was
presented to Kay Massa, Chair, Library Board of
Trustees.Certificates of Appreciation were presented to Shirley Perkins, Shirley McCarty,
Sherry Branson and Berna Stelson in recognition of providing "1000 Volunteer Hours" to
the Orange Public
Library.Members of Cub Scout Pack #850 gave a presentation to Council recognizing the City'
s 112th anniversary and the 90th anniversary of Boy Scouting. Mr. John Skaggs,
Assistant Cub Master, was presented a proclamation honoring scouting on its 90th
anniversary.PAGE
CITY COUNCIL MINUTES April 11, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Coontz announced:
April 15, 2000 - Orange will hold the 5th Annual Earth Day Celebration at Fred Kelly Stadium.
In addition, the City's Dash for DARE track meet, the largest track meet in Southern
California, will be held in cooperation with the Community and Library Services
Department and Orange Police Department, Orange Unified School District,and
community volunteers. The track meet helps to focus the youths of the community
on positive drug-free alternatives. The track meet will begin at 8:30 a.m.
April 15, 2000 - Christmas In April Day. Approximately four sites will be rehabilitated
in the City of Orange by volunteers under the program.April
22, 2000 - Community Services' Eggstravaganza at Hart Park. A pancake breakfast sponsored
by the Kiwanis Club will start off the event at 8:00 a.m. The Easter egg
hunt will begin at 10:00 a.m.Councilman Alvarez
announced that today he was a celebrity reader at Chapman Hills Elementary School.
Mr. Mountain's 5th grade class presented him with a nice rainbow pen.2.
PUBLIC
COMMENTS Tape 880 Lisa Ackerman,
2295 N. Tustin #28, expressed concern with graffiti in the City. The Director of
Community and Library Services responded the City's aggressive program works closely
with the Police Department. Unfortunately, due to spring break, more graffiti is
being seen. The Police Chief reported two new tagging crews have been identified in
the City; two boys were apprehended a few weeks ago; and the Police Department is
working on identifying others.Roy Shahbazian,
3808 E. Palm Avenue, thanked Council and staff for accelerating the progress on
the bikeways Master Plan implementation. It is hoped that funding for the Tustin Branch
and Santiago Creek trails will be a priority when considering Capital Improvement Projects
for the City.Carole Walters, (
address on file), commented on the Walnut Street opening and expressed concern with
taxpayer monies being spent on court costs.Barbara DeNiro, (
address on file), expressed concern with permanent year-round portable toilets
at Yorba Middle School. Mayor Coontz suggested Ms. DeNiro address this issue to
the Orange Unified School District Board.PAGE
2
CITY COUNCIL MINUTES April 11, 2000
3.CONSENT CALENDAR Tape 1160
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 11, 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 March 23 and 30,
2000.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting, March 28,
2000.Continued to April 25,
2000.3.4 Consideration to waive reading in full of all ordinances and resolutions on
the
Agenda.ACTION:
Approved.
AGREEMENTS REMOVED AND HEARD
SEPARATELY)3.5 Award of Professional Engineering Services Agreement to KFM Engineering,
Inc.for Tustin Branch
Trail.SUMMARY: This contract will authorize the consultant to prepare a
technical alignment/feasibility study for a multi-purpose trail from the City's
southerly boundary at Fairhaven Avenue) to Santa Ana River Bike Trail along the abandoned
Union Pacific Railroad right-of-way in the Cities of Orange and Villa Park, Cities
of Orange and Villa park's roads, and Santiago Creek embankments. KFM Engineering
Inc. retained as a consultant to provide the professional engineering services for an
amount of$146,000.FISCAL IMPACT: Upon appropriation, funds will be available
in Account No. 550-5011-486700-6100 (OCTA - TEAl
Program - STPE) $146,
000.MOTION - Spurgeon
SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to continue to April 25,
2000.PAGE
CITY COUNCIL MINUTES April 11, 2000
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.6 Award of Professional Engineering Services Agreement to KFM Engineering, Inc.
for Santiago Creek Trail from City of Orange/City of Santa Ana boundary line to
SR-55 at Palmyra
Avenue.SUMMARY: This contract will authorize the consultant to prepare a
technical alignment/feasibility study for the trail along Santiago Creek. KFM Engineering,
Inc.retained as a consultant to provide the engineering services for an amount of$81,
385.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program
and available in the following
accounts:245-5011-486700-6099 $61,497 (AB
2766 Air Pollution Reduction)245-
5011-486700-6099 $
64,000 (Measure
M)MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to continue
to April 25, 2000.3.7 Amendment to Agreement with Hydrosolutions of California, Inc.
for Phase 3 of underground fuel contamination cleanup at the Water Yard. (
A2100.0 AGR-3192.2)SUMMARY: In November 1998, the City entered into
a contract with Hydrosolutions of California to perform all tasks required to assess the extent
of the soil contamination from the old underground fuel tanks at the Water Yard.
This assessment has been completed and the results reviewed by the Orange County
Health Care Agency (OCHCA). OCHCA is requiring a cleanup program utilizing Vapor
Extraction. Hydrosolutions has prepared a work plan that has been approved by
OCHCA. Hydrosolutions has prepared Proposal No. 00308-06 for the third phase that has been approved
by OCHCA in
the amount of 39,840.25.ACTION: Approved Amendment to Agreement and
authorized Mayor and City Clerk to
execute on behalf of the City.FISCAL IMPACT: Sufficient funds
are available in
Account No. 720-5023-
484400-9856 Underground Storage Tanks).REMOVED AND HEARD SEPARATELY)3.8 One Year
Agreement with Signs of Support, Inc. (A2100.0 AGR-3485)SUMMARY: Signs
of Support is a locally-owned business that helps cities increase
funding to
CITY COUNCIL MINUTES April 11 , 2000
3. CONSENT CALENDAR (Continued)
corporations. Signs of Support (SOS) will place signs on City-owned vehicles with
the exception of safety vehicles. The sign advertises the name of a local business and
states that the business supports Orange youth. The revenue created is shared with the
City designated for key
programs.FISCAL IMPACT: The Departments of Public Works and Community &
Library Services have identified approximately 75 trucks that could potentially be used.
If advertising was consistently provided on each available truck for a 12-month
period at the maximum rate of $100 per month (with the City receiving one-half
that amount), the program could generate a maximum of $45,000 annually for
City youth programs.Councilman Alvarez asked how the City will regulate the signs? Will
the advertising be limited to certain vehicles? The Director of Community and
Library Services explained that he and the City Manager will oversee the advertising. The vehicle
signs will read We Support Orange's Youth". Approximately 75 non-
safety vehicles have been identified for the first phase. Signs will not be placed on police
or fire safety vehicles.Mayor Coontz questioned the uniformity of the signs on the
vehicle. The Director of Community and Library Services explained the 10' x 48' signs would
be placed on the back
of the vehicle
only.MOTION - Slater
SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to: 1) Approve the agreement between Signs of Support and the City to
provide advertising on non-emergency vehicles as outlined in the report, and authorize
the Mayor and City Clerk to execute agreement on behalf of the City; 2) approve
deposit of advertising money in Account No.1 00-7001-
293800-0000-12190 (advertising income for youth programs); 3) approve the slogan "We Support Orange'
s Youth"; and 4) direct staff to return to City Council just prior to the end of the contract
with
a
status report on the program.APPROPRIATIONS 3.9 Appropriation of Local Law Enforcement
Block Grant (LLEBG) 98 funds to purchase a voice recording system from
Voice Print, Inc. for the Police Department'
s Dispatch/Communications Center. (C2500.K)SUMMARY: The Police Department needs
to upgrade its current voice communication system with one that is compatible with
the new computer-aided dispatch system and provides a more stable
and reliable
CITY COUNCIL MINUTES April 11, 2000
3. CONSENT CALENDAR (Continued)
ACTION: 1) Appropriated $29,663.58 to Account No. 353-4011-
471301-2224 (Federal Police Grants - Police Administration-Furniture, Machinery,
Equipment Additions); and 2) authorized the purchase of a voice recording system from Voice Print,
Inc. in the amount of$
29,663.58.FISCAL IMPACT: Umeserved fund balance is available in the 98
LLEBG FUND to
fund this appropriation.REMOVED
AND HEARD SEPARATELY)3.10 Accept donation from Orange Emblem Club and appropriate funds
to the DARE Program for purchase of hatsand
shirts. (C2500.K)SUMMARY: The Orange Emblem Club selected the Police
Department's DARE Program as a beneficiary of funds for the purchase of
hats and shirts.
FISCAL IMPACT: None.Sharon Sleppy, 560 N. Milford Street, commented that the Orange
Emblem Club is privileged to be able to increase the amount of money they have given each
year to
the DARE Program.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to: 1) Accept the donation of$I,225 from the Orange Emblem Club with thanks;
and 2) appropriate $1,225 to Account No. 100-4001-449600-
2305 (General Fund-Office of the Chief-Miscellaneous Expenditures-DARE Program)
for
the purchase of hats and shirts.3.11 Appropriation of $25,000 for Vista
Royale security enforcement to Patrol
One.A2100.0 AGR-3279.B.l)SUMMARY: During the month of May 1999,
the City Manager, in his capacity as Director of Emergency Services, ordered the evacuation
of 15 homes in the Vista Royale area, five in Peralta Pointe and ten on Vista Crest Road.
At its meeting on July 13, 1999,the City Council approved an agreement with Patrol
One for security services at the
Vista Royale area on a 24-hour basis.ACTION: 1) Approved and authorized the
Mayor and City Clerk to sign the first amendment to the contract in the amount of
not to exceed $100,000 to Agreement 3279B,on behalf ofthe City, with Patrol One to
continue to provide security services in the Vista Royale area; and
2) appropriated
CITY COUNCIL MINUTES April 11, 2000
3. CONSENT CALENDAR (Continued)
25,000 to Account 740-4011-427800-00106 (
Self Insurance-Liability
Fund-Police Administration-Contractual Services-Vista Royale).FISCAL IMPACT: Umeserved fund balance is
available in the Liability Fund to make this appropriation. The City is monitoring
all emergency expenses pertaining to this issue and will,
if
possible, seek reimbursement for all costs.BIDS 3.12 Approval of plans and specifications
and request for authorization to advertise for bids for the Katella Avenue
sidewalk and streetscape improvements from the Santa Ana River to 1000' east onKatella Avenue -
Project SP-3307. (S400.S.3.2)SUMMARY: Plans and specifications
have been completed for the Katella Avenue sidewalk and streetscape improvements. The project
is ready to be advertised for bids.
The estimated construction cost is $297,174.ACTION: Approved plans and specifications
and authorized advertising for bids for
the Katella Avenue sidewalk and streetscape improvements.FISCAL IMPACT: Funding for this
project will be provided through the Orange Redevelopment Agency. Funds will
be appropriated from the Northwest Tax Exempt bond proceeds in conjunction
with the award of the construction contract.3.13 Final Contract Change Order;
Bid No. 989-41; Project No.
D-130, WalnutlGlassell Storm Drain Construction. (A2100.0 AGR-3308)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 original scope ofwork.
The total contract cost for this project is $667,136.42.ACTION: Approved a Contract
Change Order in the amount of $49,136.42 to Paulus Engineering, Inc. for
the additional
quantities at contract unit prices and extra work at agreed price.FISCAL IMPACT: Funds in
the amount of $49,
136.42 are budgeted in Account No.310-9645-483400-5107 (CDBG Storm
Drain).3.14 Final Contract Change Order; Bid No. 989-39;
Project
No. SP-3095, Critical Intersection Improvements at Main Street and Chapman Avenue. (
A2100.0 AGR-3285)SUMMARY: This Final Contract Change Order authorizes payment for
the increase in final as-built quantities at contract unit prices and unforeseen extra work
beyond the
CITY COUNCIL MINUTES April II, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved a Contract Change Order in the amount of $45,929.84 to Hillcrest
Contracting, Inc. for the additional quantities at contract unit prices and extra work at
agreed price.
FISCAL IMPACT:
Measure M lIP)
Funds are budgeted III Account No.
45,929.84.
550-
5011-483300-3229 REMOVED
AND HEARD SEPARATELY)3.15 Project No. SP-3290, Street Monuments and Entry Signs,
approval of plans and specifications and advertisingfor bids. (
S4000.S.3.3)SUMMARY: Plans and specifications have been completed
for the Street Monuments and Entry Signs at various entryway locations to the City. The project
is ready to be advertised for bids. The estimated construction
cost is $214,000.FISCAL IMPACT: Funds are budgeted and available in
the following account: 500-5011-485100-3100 $188,000.00 (CIP - Street Monument).
If any additional funds are needed, an appropriation will
be recommended at contract award.Mayor Coontz commented that the City Hall parking lot
sign appears to have termite damage, and hopes that the program can be expanded to look
at the condition of other signs which identifY
public buildings in
the City.MOTION - Spurgeon
SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to approve plans and specifications and authorize advertising for bids
for the Street Monuments and Entry
Sign improvements.3.16 Bid No. 990-33, the recoating of the exterior of Reservoir Numbers 2A,
4, 6, and East Collins
reservoir. (C2500.P)SUMMARY: Reservoir Numbers 2A, 4, 6, and East Collins Reservoir
are steel water storage tanks located at 2444 Vista Point Road, 5300 East Avenida
Palmar, 6104 East Carver Lane, and 2930 East Collins Avenue respectively. The
work entails complete exterior surface preparation and painting of the
four water reservoirs.ACTION: Authorized the advertisement for bids for the exterior
recoating of Reservoir Numbers 2A, 4, 6, and
East Collins Reservoir.FISCAL IMPACT: Funds are budgeted and available
in accountnumbers:601-8041-
484400-8216 - Wanda CollinslReservoir
4 601-
CITY COUNCIL MINUTES April 11, 2000
3. CONSENT CALENDAR (Continued)
CLAIMS FOR DAMAGES (C3200.0)
3.17 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Melissa Clark Starrett
b. Elizabeth Evenoff
FISCAL IMPACT: None.
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
PURCHASE
3.18 Purchase of New Wall and Counter Aerial Photographs from Landiscor Aerial
Information. (C2500.M)
SUMMARY: Request authorization to purchase new wall and counter aerial photographs
from Landiscor Aerial Information.
ACTION: Authorized purchase of new wall and counter aerial photographs from
Landiscor Aerial Information in the amount of$46,212.23.
FISCAL IMPACT: Funds in the amount of $46,212.23 are budgeted in the Current
Planning, Photo and Blueprint Supplies, Account No. 100-
6021-445200.RATIFICATION OF DECLARATION
OF EMERGENCY 3.19 Review the existence of a local emergency as declared on April 1, 1999 (
Vista
Royale Tract).
ACTION: Approved.3.20 Review the need to continue the installation of a methane gas control
system at Yorba Park in response to an emergency. (C2500.M.
4.I)
ACTION: Approved.
CITY COUNCIL MINUTES April 11, 2000
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.21 RESOLUTION NO. 9244 (C2500.J.4.7)
A Resolution of the City Council of the City of Orange relating to the classification,
compensation, and terms of employment for part-time and seasonal employees of the
City of Orange effective March 1,2000 through and including June 30, 2002, and
repealing Resolution No. 8935 and amendments thereto, for said
employees.ACTION:
Approved.REMOVED AND HEARD
SEPARATELY)3.22 RESOLUTION NO. 9248 (S4000.S.3.1.
2)A Resolution of the City Council of the City of Orange rescinding Resolution No.
9081,and adopting a revised Master Resolution of Permit Parking areas within the
City of
Orange.The following streets would be added to Neighborhood Parking Permit Program
Area
A":Sycamore Ave. between Harwood St. and Shaffer
St.North side of Palm Ave. between Shaffer St. and Pine
St.Cleveland St. between Sycamore Ave. and Palm
Ave.Harwood St. between Sycamore Ave. and Palm
Ave.Pine St. between Sycamore Ave. and Palm
Ave.Sycamore Ave. between Glassell St. and Cypress
St.Lemon St. between Walnut Ave. and Palm
Ave.Olive St. between Walnut Ave. and Sycamore
Ave.North side of Walnut Ave. between Lemon St. and Olive
St.Note: Councilman Slater abstained from voting on this item due to his residence
being located within 300 feet and two properties within the
jurisdiction.Mayor Coontz commented that this resolution was initiated due to traffic
problems resulting from Chapman University. What is Chapman University doing to resolve
the parking structure problems and other issues regarding their parking now and in
the future? Mayor Coontz noted that this issue has been brought up many
times.The Planning Manager responded that staff has been in contact with Chapman
University over the past few weeks to discuss a Parking Management Plan to be implemented by
the University. Chapman University indicated they have retained a consultant to prepare
a PAGE
CITY COUNCIL MINUTES April 11, 2000
3. CONSENT CALENDAR (Continued)
Parking Management Plan; will bring forward their plan in the next month or two; and
work with staff to address the issues of concern.
Mayor Coontz commented that the City needs to monitor the parking permit area
perimeters to see if people are parking in the neighborhoods beyond those areas.
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSTAIN- Slater Moved
to approve
Resolution No. 9248.3.23 RESOLUTION
NO. 9251 (A2100.0 AGR-1147.A.4)A Resolution
of the City Council of the City of Orange to adopt and execute Amendment 4 to
the First Amended and Restated Joint Exercise of Powers Agreement creating the FoothilllEastern Transportation
Corridor Agency.ACTION: Approved.
3.24
RESOLUTION NO. 9255 (C2500.H.2)A Resolution
of the City Council of the City of Orange rescinding Resolution No. 9239 regarding assessment
of property located at 405 North Cypress Street, APN # 039-142-12.
ACTION:
Approved.MOTION -
Murphy SECOND - Spurgeon
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Item No. 3.3
was continued toApril 25, 2000. Item Nos. 3.5, 3.6, 3.8, 3.10, 3.15, and 3.22 were removed
and heard separately. Councilman Slater abstained on Item No. 3.22.END OF CONSENT CALENDAR
PAGE 11
CITY COUNCIL MINUTES April 11, 2000
4.REPORTS FROM MAYOR COONTZ Tape 1604
Santiago Hills Phase II
Mayor Coontz gave the following report: Today the City Council received a packet from The
Irvine Company entitled "Santiago Hills Phase II". The application for Santiago Hills Phase II
was filed today. We were expecting The Irvine Company to start their development in East
Orange in 1989 or 1990, after the approval of the East Orange General Plan, which didn't happen
because of the recession, some cash flow problems, and because the Eastern Transportation
Corridor was not completed. We are pleased that The Irvine Company has submitted a plan that
is much more in keeping with today's City of Orange than the ten year old East Orange General
Plan. There is a large suburban instead of a largely commercial development in the first phase of
this East Orange Plan. The Irvine Company has changed the plan to accommodate more
residential and less commercial. An 87% reduction of commercial space is significant. The 1.7
million square feet of commercial office space has been scaled down to 220,000 square feet. I
think they realized with the activity on the west end and The Block that the commercial space
was not needed. There is a 166% increase in parks and open space, increased from 56 to 149
acres. That includes 39 acres of preserved wetlands, equestrian and hiking trails to connect the
two regional parks, three parks, and preservation of the areas most prominent hilltop. Only 1/3rd
of the traffic originally allowed under the General Plan of 1989 was retained. And most
important to all the people in East Orange is the deletion of plans to extend Canyon View and
Fort Road into the new community. There is a designated site for a K-6 school to serve
students in the new Santiago Hills Phase II community. The Irvine Company always builds schools
in their
projects.The Council has not yet had the opportunity to study the proposal in depth. We have
been talking to representatives of The Irvine Company, including Dan Young and Carol
Schroeder.Carol Schroeder is a native of the City of Orange and worked on the previous General
Plan.Things have changed in Orange in the last ten years and that is why the changes are taking
place in this particular development. I think that The Irvine Company has recognized the changes
and it is going to be beneficial to the City of Orange. We look forward to working with them
and hearing more from them. This project has to go through the Planning Department,
Design Review Committee, Planning Commission, etc. This is only the
beginning.5.REPORTS FROM COUNCILMEMBERS Tape
1604 5.1 Councilman Alvarez - Request the City Manager provide a report to Council on the
different activities and projects the City is jointly involved with the Orange Unified School
District. (S 1200.A)
Councilman Alvarez indicated he brought this issue forward as Council is constantly being asked
what the City is doing for the children and what is going on with the schools in the City.
The City Manager provided an overview of Joint Efforts/Programs between the City of Orange
and Orange Unified School District.
PAGE 12
CITY COUNCIL MINUTES April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
RECREATION FACILITIES/PROGRAMS
McPherson Athletic Facility
City constructed soccer fields, restroom/concession building, and playground equipment on
school site and provides on-going maintenance in exchange for joint
use.Killefer ParklRichland
School City pays landscape maintenance and utility costs at Richland School athletic fields
and playground in exchange for joint
use.EI Modena High School
Pool City contributed half of the construction costs for Orange and El Modena High pools
in exchange for use ofthe pools at no cost. City currently only uses pool at EI Modena
High.After School Recreation at Prospect
School City provides after school recreation and youth sports programs at Prospect
School.Fred Kelly Stadium Dash for DARE and 3" of
July City uses the stadium at no cost for these annual
programs.Master Recreation
Agreement City and OUSD have agreement allowing joint use of elementary and middle school
facilities when school is not in session, providing OUSD priority over City use. Site agreements
are negotiated separately for regular and on-going or long-term use of
any given
site.Field Renovations City assists the district from time to time with field renovations on district
property for the mutual benefit of youth activities and sports. Sites where assistance has
been recently given include Katella School for Villa Park Bobby Sox and Sycamore School
for
Orange Little League.Free Water Service for athletic fields at Orange High, Yorba
Middle School, Portola Middle, Cambridge Elementary, West Orange
Elementary, Palmyra Elementary,Handy
Elementary, Sycamore Elementary City provides water service at no charge to OUSD at
the sites listed.Joint team (2 City staff, 3 OUSD staff) to attend conference
April 12-13, 2000:Stretching Community Dollars: Cities, Counties and School
Districts
Building for the Future"At City's initiation, members of City and OUSD staff will attend
a conference together to learn about joint facility planning. As part ofa multi-jurisdictional
team, the $125 per
person conference fee was waived.Use of recreation facilities at various schools for league
play and City recreation classes City utilizes athletic fields at all K-8 schools for soccer
and Little League practice, and Villa Park High, EI Modena High and McPherson
Middle School for youth
basketball, adult
CITY COUNCIL MINUTES April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
POLICE PROGRAMS
School Crossing Guards (45 locations)
City provides crossing guards at 45 locations, including year-round services for
year-
round schools.DARE Program, DARE Fair, Dash
for DARE City provides 2 officers for DARE curriculum instruction at OUSD
elementary schools.School
Resource Officers City provides one investigator full-time to investigate crime at the high
school and
middle school campuses.
Truancy Learning Center City pays half the cost of the Truancy Learning Center (TLC) contract
with Orange County Youth and Family Services and police officers serve as truancy officers by
picking up truants and delivering them
to the TLC.Fred
Kelly Stadium Security City provides traffic control and patrols events at Fred Kelly
Stadium, including football games, graduations, and
other special events.Student Attendance Review Board (SARB)IDrug Alcohol
Tobacco Education (DATE)City provides police officers to serve on the board of both these OUSD
committees and holds meetings at the
Orange Police Department.Prospect
Elementary After-School Program Police officers organized and participate in after school activities
including a soccer league.Security for Special
Events, School Board meetings City provides police security at OUSD special events and Board
meetings as needed when information exists relating to a disturbance
of the public
safety.Bicycle Safety Rodeos City conducts 8 bicycle safety rodeos for
school children
per year.K-9 Demonstrations City provides 10-12
K-9 demonstrations at schools per year.Motor
Officers assigned to elementary and middle schools City provides motor officers to visit elementary and
middle schools on a weekly basis
and coordinate with the School Resources
Officer.School Bus Traffic Safety Awareness Program City works with OUSD to provide assistance
in educating the public on legislation requiring vehicles traveling in both directions to stop when
a
school bus
is displaying flashing red lights.Buckle-Up Bear City provides program teaching
young students
CITY COUNCIL MINUTES April 11 , 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Every 15 Minutes
City provides program demonstrating to high school students the dangers of drinking and
driving.
School Emergency Plans
City police department assisted OUSD with the development of a Crisis
ManagementlEmergency plan for addressing school violence, earthquake safety, riot plans,
etc.
GENERAL CITY PARTICIPATION
City/Schools Coordinating Committee
City initiated on-going committee meeting monthly and consisting of two City officials
and three School Board members, to discuss and work together on issues of mutual interest
and
concern.Principal for a
Day City officials and staff participate in the Principal for a Day
program.Career
Day City staff make presentations and speak with students at career day functions, to
educate children on various career options in city
government.National Walk Our Children to School
Program City provided traffic safety and crime prevention information to OUSD schools in K-
3 grades and on October 6,1999, participated with Taft and Palmyra Elementary schools in
a safe walk to school culminating at an event at the
school site.Olive Elementary School
street improvements City worked with OUSD to improve school traffic safety around Olive
Elementary, including repaving Olive Road, striping modifications, one-way traffic, restricted left
turn lane, cross-walk painting, and school
area crossing signs.Review parking
lot site plans City provides assistance to OUSD by reviewing parking lot site plans
for improved traffic circulation and
safety around
schools.Recycling Education City provides recycling education to school children through
school assemblies and development of recycling related curriculum
and school
projects.Reading Outreach City provides library staff to read to individual classes throughout
OUSD upon request.
Library Class Visits City provides tours and storytimes for school classes at Main and the
branch
libraries upon
CITY COUNCIL MINUTES April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
The City Manager indicated that the City Council, the Orange Unified School District Trustees,
and the community-at-Iarge can be very proud of the contributions the City makes on
an
annual basis.Mayor Coontz suggested this information be provided to the Orange Unified
School District OUSD). Mayor Coontz indicated she has received many calls in the last few weeks
inquiring as to why the City has done nothing about certain issues in the City, which she explained
are OUSD legal issues or issues of negotiation and not in the City's purview. Mayor Coontz
indicated there was a recent press release regarding this issue in hopes that people within the
community will understand that the City of Orange has always been very concerned and had a
very strong investment in the future of
its youth.Mayor Coontz noted that the Orange Unified School District, the Police Department,
and several organizations in the City also participate on the Youth Services Council, which
provides helpful information on the City's web site. The Council has made a personal commitment to
its youth by reading to the children, making donations to school projects,
plays, etc.Councilman Slater complimented staff and Mayor Coontz for her assistance in preparing
the List ofJoint Efforts/Programs. He concurred with Mayor Coontz that the list should be sent
to the OUSD Board Members, with a cover letter that it is being provided for
their information.Councilman Alvarez - Update on the R. J. Noble County application (Del Rio
Project).Councilman Alvarez reported that the R. J. Noble property is a quarry site bordered by the
Santa Ana River, Lincoln Avenue to the south, and Glassell Street to the east. He and
Councilman Slater met with one of the owners ofR. J. Noble property to find out their plans for the 100+
acre site and expressed the City's need for park space. The property is a County island, not within
the City's jurisdiction, and is going through the County process for entitlements. City staff is
quite involved in the development of the site. Councilman Alvarez feels it is important to begin
to receive input from the entire Council as to what the City would like to see happen at the
site,before the entitlements come into place. What does the City need to do to become more
directly involved in what is going to happen at this site? What is staff doing and what are
the opportunities to get
involved?The City Manager stated that this project lies within the City's sphere of influence. The
property owner elected to process his project through the County. At the desire of the property owner,
the property will be annexed to the City of Orange. The City is currently working with the
County to negotiate annexation agreements on this property, as well as sixteen other County
islands.The Planning Manager reported that communication has been ongoing between City
staff,County staff, and the applicant regarding the details ofthe proposal. The County staff has
been PAGE
CITY COUNCIL MINUTES April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued
supportive of the City issues to date. The project, as proposed, consists of a general plan
amendment, zone change, and a specific plan with ultimate annexation to the City. The property
has different land use and zoning designations for the County and City. Part of the request is
ultimately to come up with a single general plan designation and zoning designation via the
specific plan. The site consists of 97 acres. The current proposal is for a variety of residential
densities with a total of up to approximately 1,200 dwelling units, and a smaller mixed use
development area. City staff has identified several critical issues that the applicant still needs to
address to the City's satisfaction, which include drainage, circulation, land use compatibility,
density, parks, and schools. There has been a fundamental directive to the applicant that the site
needs to be reclaimed, which has not been a part of the proposal so far. A series of meetings
have been scheduled over the next six weeks to try to resolve some of the major issues. A
progress report will be brought back within the next 30-60 days. Once the project has
gone through the County approval process, it will come before the City for
approval.In response to Mayor Coontz, the City Manager explained one of the major issues staff has
been discussing with the property representatives is the number of pits on the property, as rock
product was taken out ofthe site when it was mined for sand and gravel operation. The overall
elevation of the property makes it prone to potential flooding. If the property were to be developed
as currently proposed, it would require emergency pumps on heavy rainfall days, pumping
for sewers, etc. Because this is a man-made situation, City staff feels the elevation of
the property needs to be at a more suitable level, due to the long term liability that may accrue to
the City.Traffic is another major issue. Because of tremendous amount of traffic on the
91 Freeway,OCTA is looking at Lincoln Avenue on the south side of the river, and Orangethorpe
on the north side of the river, to provide traffic relief. There is an extension from Batavia
to Riverdale on the Master Plan of Highways that would one day connect to handle bypass traffic.
The City had been looking at older modeling that led to the possibility that the extension
might be eliminated. However, under the current traffic modeling projecting 20 years out,
the extension cannot be eliminated. The City Manager noted that Orange Unified School District
has been notified of the R. J. Noble property as being a potential development site, so they
can address
school issues.In response to Councilman Alvarez, the Director of Public Works explained the
extension of Batavia to Riverdale is needed to meet future traffic demands, even if the
property remains vacant. Some widening would be necessary on Lincoln Avenue and G1assell Street.
Without the Batavia to Riverdale connection, eight lanes would be needed on Lincoln Avenue and
six and eight lanes on G1assell Street. That is not a viable alternative. This segment is on
the County Master Plan of Arterial Highways. It is not on the City's circulation element at the
present time,which means if the issue has not been addressed at the time the area is annexed, the City is
out of compliance with the Master Plan of Arterial Highways, and Measure M
competitive funding would be at risk of being withheld or withdrawn. Relative to drainage, the Director
of Public Works reported that obvious problems with relying on pumps is they are subject to
failure. The area would be permanently in a flood plain. Residents of the development would be
subject to mandatory flood insurance at fairly
significant rates.
CITY COUNCIL MINUTES April 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued
Carole Walters (address on file), commented that Cities-Schools Coordinating
Committee meetings decisions should be Council agendized for the public; indicated she will request
the OUSD to notifY her of their meetings; and reported that the Park Committee is looking
into meeting with the neighbors relative to the R. J. Noble property. Mayor Coontz noted
meetings are held on the second Monday of each month, with alternate meeting locations between
the OUSD's building on Katella and the Weimer Room at the City and she is welcome to
attend.Mayor pro tern Spurgeon suggested monitoring when the County Planning Commission
public hearings will occur so that the Council and staff can attend to represent their feelings and
provide input, not only at the Planning Commission level, but as it progresses to the Board
of
Supervisors.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape
2676 6.1 Reappoint Frank Petronella to the City Traffic Commission, term to
expire 3/31/2004. (ORI800.0.
19)MOTION - Murphy
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve.7.ADMINISTRATIVE
REPORTS Tape 2690 7.1
Report from the Economic Development Director regarding acquisition and rehabilitation of
property located at 1924 and 1934 East Wilson Avenue by Orange Housing Development
Corporation. (A2100.0 AGR-3481)SUMMARY:
Orange Housing Development Corporation (OHDC) plans to acquire and rehabilitate
two adjacent 10-unit apartment buildings located at 1924 and 1934 East Wilson
Avenue. The total estimated cost of the project is $1,527,975. Under the terms of the proposed
Affordable Housing Agreement, OHDC will obtain a 30-year loan of $549,360 from
Washington Mutual Bank, and the Agency will fund the $978,615 balance. Agency Housing Set-
Aside funds would be provided in the form of a 44-year loan at zero percent interest and be
repaid by OHDC in annual installments. In return for the assistance, the units would remain
affordable to low income households for
a 55-year period.FISCAL IMPACT: Sufficient funds will be available for this purpose
if the Agency Board approves the appropriation of funds requested in
a companion Agency item.The Director of Economic
Development presented
CITY COUNCIL MINUTES April 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Barbara DeNiro, (address on file), asked how many people live in each one bedroom apartment?
How old are the units now? What is the usable lifetime of such an investment?
The Director of Economic Development responded that the units are not very large and are
owned by OHDC, a non-profit corporation, whose charter is to manage and operate
affordable housing. The units will remain affordable as long as they are owned by OHDC. This is not
a Department of Housing and Urban Development (HUD) project. HUD income guidelines
are used as a standard to monitor projects that receive
funding.Mayor Coontz recalled that years ago, an area east of Tustin Avenue, between Collins
and Katella, had deteriorated and was rehabilitated by OHDC. Crime in that area had been
a problem. OHDC has been a tremendous success with these projects. Other property owners
in these rehabilitated areas see what OHDC has done and also want to become
involved.RESOLUTION NO.
9253 A Resolution of the City Council of the City of Orange approving an Affordable
Housing Agreement by and between the Orange Redevelopment Agency and Orange
Housing Development Corporation regarding 1924 and 1934 East Wilson Avenue and making
certain
findings.MOTION - Mayor Coontz
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
adopt Resolution No. 9253.MOTION - Mayor
Coontz SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to authorize the Agency
Board to appropriate a total of $978,615 in Housing Set-Aside funds for the project.
7.2 Report from
the Economic Development Director regarding acquisition and rehabilitation of property located
at 264-280 South Esplanade Street by Orange Housing Development Corporation. (A2100.
0 AGR-3482; AGR-3483; AGR-3484) Tape 3080
SUMMARY: Orange Housing Development Corporation (OHDC) plans to acquire and
rehabilitate a 27-unit apartment complex located at 264-280 South Esplanade Street.
The total estimated cost of the project is $2,932,110. Under the terms of the proposed
Affordable Housing Agreement, OHDC will obtain a 30-year loan of$I,278,750 from Washington
Mutual Bank, the Agency and City will fund the $1,653,360 balance with a zero percent loan of$I,
153,360
CITY COUNCIL MINUTES April 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Agency Housing Set-Aside funds and a grant of $500,000 in Community Development
Block Grant (CDBG) funds provided by the County as a result of the "Theo Lacy Settlement".
The loan would be repaid by OHDC in annual installments over a 35-year term. In return
for the assistance, the units would remain affordable to low income households for a
55-year period.FISCAL IMPACT: Sufficient funds will be available for this purpose if
the Agency Board approves the appropriation of funds requested in a
companion Agency item.The Director of Economic Development
presented the report.Carole Walters, (address on file), asked why the Theo Lacy settlement money doesn't
go back to the Police Department? The City Manager explained that these
projects, when rehabilitated,create a positive atmosphere and are the catalysts to help rid the City of crime.
With the Theo Lacy Settlement, the City successfully negotiated different monies from the County
to be used for parks, housing, and road improvements. The $500,000 provided by the County as
a result of the Theo Lacy Settlement is to be
used for housing.Mayor Coontz noted the City had been looking at other proposed projects, which
would not have been as beneficial in taking care
of crime problems.The City Manager commented on the significant benefit to the Police
Department's budget through that negotiation
of booking fees.Councilman Slater commented that of all ofOHDC's projects, he is especially
excited about this project, because of its prominent location. The building is a scourge
on the neighborhood.Mayor pro tern Spurgeon commented that monies will be saved by deploying
police and fire services elsewhere, as there will be less service calls
to the area.
RESOLUTION NO. 9254 A Resolution the City Council of the City of Orange approving
an Affordable Housing Agreement by and between the Orange Redevelopment Agency
and Orange Housing Development Corporation regarding 264-280 South Esplanade
Street and making certain findings and approving a Community Development Block Grant Agreement
with the County of Orange and a Cooperation Agreement with the Orange
Redevelopment Agency relating
thereto.MOTION - Alvarez
SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to adopt Resolution No.
9254.PAGE
CITY COUNCIL MINUTES April 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Alvarez SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize
the Agency Board to appropriate a total of$I,153,360 in Housing Set-Aside funds for
the project.8. REPORTS
FROM CITY MANAGER - None 9.LEGAL AFFAIRS
Tape 3375 9.1 ORDINANCE
NO. 5-00 (A2500.0 Transient Occupancy Tax)An Ordinance
of the City Council of the City of Orange Amending Section 5.16.040 of the Orange Municipal
Code Relating to the Transient Occupancy Tax.MOTION - Slater
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Ordinance No. 5-
00 be read by title only and same was approved and adopted by the preceding vote.9.2
ORDINANCE NO.
6-00 (A2500.0 Zoning, Oversized garages)An Ordinance of
the City Council of the City of Orange Amending Chapters 17.10 and 17.14 of the Orange Municipal
Code relating to oversized garages in residential zones.MOTION - Murphy SECOND -
Alvarez AYES -Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Ordinance No. 6-
00 be read by title only and same was approved and adopted by the preceding vote.9.3
ORDINANCE NO.
7-00 (A2500.0 Parks, Commission)An Ordinance of
the City Council of the City of Orange repealing Chapter 2.60 of the Orange Municipal Code and
adding new Chapter 2.60 to the Orange Municipal Code relating to the Park Planning and Development
Commission.PAGE 21
CITY COUNCIL MINUTES April 11, 2000
9. LEGAL AFFAIRS (Continued)
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Alvarez NOES - Spurgeon Moved
that Ordinance No.
7-00 be read by title only and same was set for second reading by the preceding vote.9.
4 ORDINANCE
NO. 9-00 (A2500.0 City Council Agenda)An Ordinance
of the City Council of the City of Orange amending Section 2.04.030 of the Orange Municipal
Code relating to the agenda for City Council meetings.Carole Walters, (
address on file), asked how residents can get an issue on the agenda?The City
Attorney explained that the purpose of the City Council meeting is to run the business of the
City. As a representative form of government, the City Council acts on behalf of the public. To
make the change that Ms. Walters is proposing would turn the meeting into a town hall meeting,
whereby the public could place any number of items on the agenda, thereby taking the control
of the meeting away from the elected representatives, and putting it into the hands of the public,
who have not been elected to the City Council. The City Attorney further indicated he is
not aware of any city which gives the public the unilateral right to put matters on the agenda. Right
now, the public can ask their elected representatives to place matters on the agenda. Whether
a matter is on the agenda or raised during public comments, the amount of time an individual
can speak on the matter would still be three minutes.MOTION - Slater
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Ordinance No.
9-00 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 6:28 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation: 1) Vista Royale
HOA v. City of Orange, et aI., Orange County Superior Court Case No. 78 02 84 (
This item was not discussed). 2) John Robertson v. City of Orange, Orange County Superior Court Case
No. 81 51 20.PAGE 22
CITY COUNCIL MINUTES April 11, 2000
11. RECESS TO CLOSED SESSION (Continued)
b. Public employee performance evaluation pursuant to Government Code Section 54957: City
Manager
c. Public Employee discipline/dismissal/release pursuant to Government Code Section 54957
d. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.PUBLIC COMMENTS Tape 3736
Carole Walters, (address on file), commented that the cleanup of apartment buildings should be
the property owner's responsibility; questioned how Public Comment issues on the agenda are
addressed by Council; and asked if the City continues to pay $2.00 towards residents sanitation
service?
13.PUBLIC HEARINGS Tape 3863
13.1 SANTA FE DEPOT PARK IMPROVEMENTS, MITIGATED NEGATIVE
DECLARATION NO. 1636-00 (N1200.0
NEG-1636-00)Time set for a public hearing to consider adoption of Mitigated
Negative Declaration 1636-00 relating to Santa Fe Depot Park Improvements. The City retained Hirsch
and Associates, Inc. to provide design plans and construction documents
which include the following:Installation of a four faced Millennium clock, on a pedestal, not
exceeding an overall height of20 ft. to be located at the Chapman Avenue
entrance to the park.Construction of a water feature/fountain with monuments recognizing
veterans to be located in the central
portion of the park.Construction of a combined monument sign near the corner
of Chapman Avenue and Atchison Street identifYing the commercial tenant of the
Depot building and MetroLink.The Millennium Commission and Veterans Committee approved the
final design plans which were reviewed and approved by staff and the Design
Review Committee. The Mitigated Negative Declaration No. 1636-00 consists of an
environmental assessment of the potential environmental impacts of the above proposed park improvements
in an historic park located within a
National Register recognized Historic District.The Director of Community and Library Services presented a
brief overview
CITY COUNCIL MINUTES April 11, 2000
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking in favor:
Lieutenant Colonel Joe Ruthenberg, 525 N. Shaffer, USMC Retired
Raymond A. Goss, 425 S. Lilac Lane, Past Commander ofthe American Legion Post 132
Carol Goss, 425 Lilac Lane
Dawn Stoller, 19181 Stoller Lane, Santa Ana, American Legion Auxiliary Unit 132 in Orange
John Whiteriver, 194 S. Pixley Street, Committee Chair
Ann Siebert, 340 S. Olive, Old Towne Preservation Association
Arthur Paris, 71 Plaza Square, representing the Masonic Lodge of Orange
John Baker, 531 E. Chapman, USMC Veteran
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
Mayor Coontz commented on the excellent job done by the Millennium Commission in choosing
a clock that historically fits the depot and thanked all who were involved in the project.
Councilman Murphy indicated the Millennium Commission wanted to insure that the
Millennium clock and the Veterans Memorial compliment each other. It is hoped that the clock
will serve as a landmark to draw additional people into the park to contemplate the contribution
veterans have made to our freedom and safety, and provide a synergy in the park area that will be
enjoyed for generations to come. Information will be forthcoming on the brick plaques which
can be purchased for $125.00 to commemorate a family, business, or an individual. The plaques
will be placed in a decorative fashion around the entryway to Depot Park. The funds will be
used to defray the cost of the clock and the surrounding improvements. Members of the staff,
Millennium Commission, Veterans groups, Design Review Committee, Planning Commission,
public, and the City's historical consultant were thanked for their involvement in this effort.
Mayor pro tern Spurgeon expressed support for the project which is long overdue.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Mitigated Negative Declaration 1636-00 finding that the project will not result in a
significant adverse impact on the environment.MOTION - Mayor
Coontz SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez PAGE 24
CITY COUNCIL MINUTES April 11, 2000
13. PUBLIC HEARINGS (Continued)
Moved to approve the final design plan for the Millennium Clock and Veterans Memorial
Fountain.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize
the purchase of the Millennium clock from the Verdin Company on a sole source basis.13.
2 APPEAL
NO. 472, CONDITIONAL USE PERMIT 2320-00 - YWCA FIRST STEPS HOUSE, APPELLANT:
THOMAS AND ARLENE AVDEEF (A4000.0 APP-472)Tape 4909
Time set
for a public hearing to consider Appeal No. 472 by Thomas and Arlene Avdeef concerning the
Planning Commission's approval of Conditional Use Permit No. 2320-00 to allow
conversion of three existing dwelling units into a group home for women. YWCA proposes
to operate a housing facility located at 143 N. Grand Street for no more than ten residents
between the ages of 16 and 21 with a full time resident manager and program related employees
occasionally visiting the residential building. Two residents would share each of two one-
bedroom apartments with the other six residents sharing three bedrooms in the primary
residence. NOTE: This project is categorically exempt from the provisions of the California
Environmental Quality Act per CEQA Guidelines, Section 15301.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
Planning Commissions failure to require:
Adequate study on impact of ten females, 16-21 years of age upon community for
needs,problems and success rate of group homes and
EIR.Adequate parking for disabled, employees, occupants each requiring mentors, social
workers,
visitors.Discrimination of disabled by not requiring Certificate of Compliance and
adequate provisions for disabled users of all three structures as required by the ADA and Title
24-CCR.Compliance with provisions Health and Safety Code Sections 1520-1525.
25, 1596.71,1596.71,
1596.750-1596.798.Consider written objections of 102 impacted residents opposed to change
of use of residence.The Planning Manager reported the site is zoned Office-
Professional and contains a two-story four bedroom house, and two one bedroom apartments over garages
at the rear of the property.No expansion of the existing residences is proposed. The
YWCA proposes to use the residential units as transitional housing for young women, which is
called their "First Steps" program. The women are young adults raised as foster children who need to learn
how to function in society on their own. They will learn basic skills on how to care
for themselves,
CITY COUNCIL MINUTES April 11, 2000
13. PUBLIC HEARINGS (Continued)
laundry, cooking, and balancing the checkbook. They will be emolled in school and have jobs.
The facility will be managed by a house mother who resides on site. It is not anticipated that the
young women will have cars. The primary method of transportation will be provided by existing
YWCA vehicles or public transportation.
The Planning Commission held a public hearing to consider this request, at which four
individuals spoke in opposition, citing concerns with noise, visitors at the site, the number of
women staying at the site, and only one person supervising ten women. Many concerns were
cited regarding the adjoining parking lot and its problems with trash, graffiti, drinking, and
people sleeping in bushes. A petition was submitted with signatures from many residents who
oppose the use in the neighborhood. The Planning Commission ultimately approved the
Conditional Use Permit request with a modification to Condition No. 2 and the addition of a
condition requiring the applicant to install smoke detectors and outdoor security lighting to
address safety issues. An appeal was filed by Thomas and Arlene Avdeef, who outlined five
issues they felt the Planning Commission failed to address. Staff reviewed the five issues
identified in the appeal and responded to them in detail, Attachment 1 of the staff report.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
APPELLANT: Thomas Avdeef, 158 N. genter Street, commented when homes in Old Towne are
converted to commercial use, the area! becomes more commercialized and gradually causes a
deterioration to the old residential hous~s and their original intent for family use. The applicant
does not meet the proof of substanti~1 evidence as many of the speakers at the Planning
Commission hearing were not resident~ of the area and did not come through the "First Step"
program. The speakers did not have! the feel for the community that the residents of the
community have. The Planning Commission failed to address parking for the disabled and the
requirements under the Health and S~fety Code. The Planning Commission also failed to
consider the written objections of 102 i$pacted residents opposed to the change in the use of the
residence. '
Arlene Avdeef, 158 N. Center, expressed concern for preserving and protecting Old Towne,
having only one house mother at the residence, and the impacts of parking, friends, music, and
social comings and goings.
SPEAKING IN FAVOR OF THE APPEAL:
Mark Bernhart, 164 N. Center St.
SPEAKING IN OPPOSITION OF THE APPEAL:
APPLICANT: Janine Ingram, representing YWCA, 146 N. Grand, commented this transitional
housing is a residential program. The proposal is for a continued residential use. Ms. Ingram
indicated the American Disabilities Act (ADA) requirements have been met and their program
does not require a license.
PAGE 26
CITY COUNCIL MINUTES April 11, 2000
13. PUBLIC HEARINGS (Continued)
Darrell Hansen, 191 N. Orange, representing First Presbyterian Church
Mike McKenzie, 407 Calle Familia, San Clemente, Orangewood Children's Foundation
Stacie Sanders, 339 S. Magnolia, Brea
Russ Barrios, 235 E. Maple
Senecca Truzys, P. O. Box 25172, Anaheim
Shannon Tucker, 206 N. Pine Street
Kathi Portland, 444 S. Tustin H-l, read a letter on behalf of Beverly Nestande,
YMCA Tom Grochow, 163 N. Pine
Street Reasons: Program is needed for youths who are emancipating from a foster care system and
will contribute to the success of the youth, and consequently, the
community.MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
REBUTTAL:Thomas Avdeef, 158 N. Center Street, reiterated that his appeal is not about the program,
but where the program will be
located.The Planning Manager responded the Planning Commission is very sensitive to Old Towne
and historic issues. The Planning Commission view this as a project that would continue
the residential use of the property, even though it is zoned for Office-Professional
use. Substantial changes in use or operation of the facility may require review and approval by
the Planning Commission. Any change in ownership of the property would be brought to the City'
s attention.The three residences on the site could potentially house more than ten young women
and the house mother. The project was built according to the parking requirements of the
1960's,providing four spaces. This project was reviewed by the Fire Marshall and the City'
s Building Official. The Historic Building Code applies to the structure. The applicant is not
required to make modifications, but is accommodating the
disabled use.Councilman Slater asked the appellants if they use their home as a home business; if
they reside at the home; or if the home is strictly used for an office? Mrs. A vdeef responded the
home is used as a residence where she watches and cares for her grandchildren after school.
Mr. Avdeef as a sideline, practices law, with no outside help. Mrs. Avdeef commented she feels it is
time for Council to change the zoning in order to keep the
area residential.
COUNCIL COMMENTS:Mayor Coontz commented that she helped initiate the preservation activities in 1976,
and circa 1985, helped the people who started the Old Towne Preservation Association. At
that time,almost all of the larger homes were used as rentals. A lot of effort has gone into the
Old Towne area to make it what it
is today.
CITY COUNCIL MINUTES April 11, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Murphy expressed support for the project. This use is desperately needed in the
City and Orange County.
Mayor pro tem Spurgeon expressed support for youth programs and the proposed conditional use
permit. The YWCA is welI-equipped to run the program. They have been successful withmanyother
programs.Councilman Slater commented that residential land use is appropriate for the location.
The biggest threat to Mr. and Mrs. Avdeef, which they brought up themselves, is theunderlyingzoningfortheblock, which is Office-Professional. Three sides of the block are
lined with historic homes. Even though the zoning has been in place for 40-50
years, Councilman Slater believes that only one house (directly north of the Bank of America parking lot) is
being used as a business. Of the 12-14 homes on the three sides of the block, none have
ever been converted to a business. One of the reasons is because the lots are smalI andwouldnotprovideappropriateparking. Councilman Slater further stated that when he served on
the Old Towne Preservation Association Board, he made the motion to start the application process to enter
Old Towne on the National Register of Historic Places. He does not feel this particular
use will negatively affect Old Towne or be an encroachment of inappropriate uses. Councilman
Slater agreed that the apartments built in the back are a shame, non-conforming, and
never should have been built.Fortunately, guidelines have been put in place to prevent this
kind of construction from taking place again. Councilman Slater said that he may agendize this issue
for the April 25, 2000 meeting to request Council direct the Planning Commission to look at the entire
block to see if it should remain Office-Professional, or be
converted back to residential. Councilman Slater expressed his support
for the proposed Conditional Use Permit.Mayor Coontz commented that in studying the history of
the City of Orange through her involvement with the Historical Society for many years,
there was never perfect conformity in Old Towne. In the 1960's, everyone abandoned the Old
Towne area to buy their medalIion homes. It was only when people began to value the
older homes that they became popular.Mayor Coontz stated the City must be very careful if it is going to
go back and look at zoning.Mayor Coontz expressed support
for the YWCA's proposed project.Councilman Slater clarified that he is not in support of
getting rid of neighborhood markets and so forth. However, he does not feel the properties on
Mr. Avdeefs block were originalIy zoned Office-Professional and it would not hurt
to take a second look at them.Councilman Alvarez expressed support for the
project and for looking into
the office professional
zoning of the
neighborhood.MOTION - Murphy SECOND - Spurgeon A YES -Murphy,
Slater, Mayor
CITY COUNCIL MINUTES April 11, 2000
13. PUBLIC HEARINGS (Continued)
Moved to determine that review of this project is exempt from requirements of the California
Environmental Quality Act, according to CEQA Guidelines, Section 15301.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny
the Appeal.14. PLANNING AND
ENVIRONMENT - None 15. ADJOURNMENT MOTION - Mayor
Coontz SECOND -
Murphy AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez The City Council adjourned at 9:05
p.m. to a Joint Study Session with the Planning Commission to be held on Tuesday, April 18,
2000 at 5:00 p.m. in the Weimer Room to discuss Capital Improvement Projects.CAfimm-& CH.{/M;T'CASSANDRA
ATHCART, CMC
CITY CLERK0'JOANNE
COONTZ MAYOR i
I PAGE
29