1/11/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON JANUARY 25, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 11,2000
The City Council of the City of Orange, California convened on January 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
Associate Pastor Tim Davidson, Orange Hills Assembly
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Tape 119
Recognition for their participation and volunteers hours at the City's Tree Lighting
Ceremony was given to the following individuals: Lisa Ackerman (Downtown Business
& Professional Association); Teresa Beach and Sue Bums (Orange Community Girl
Scouts); Michael Mason (YMCA of Orange); Barbara Beck (El Modena Vocal Music
Boosters); Patty Ricci (Palmyra School PTA); Gail Alden (Happiness by the Bushel);
Teresa Sanders (Olive Elementary School); Don Blake (Boy Scout Troop 155); Cris
Ruppel and Drew Ruppel (Fletcher Elementary School); Diana Gentry and Ahmad
Tabass Kiwanis Club of Orange); Diana Smith, Jim Laub, Bob Little, Joe Miller and Ellie
North (Kiwanis Club of Orange Suburbia). Candlelight Choir Processional Participants
were recognized as follows: Stephen Lance (President, Orange Community Chorus);
Amber Carpenter (Orange High School Concert Choir); Katie Sapp (Orange High School
Chamber Singers); and Ruth Frieman (Director ofEl Modena High School Vocal Music
Department). City employee Doug Keys and his son, Greg were recognized for lighting
the menorah. Derek Rush was recognized for the sound system and lighting provided at
the ceremony. A special commendation was given to Michael Short for arranging,
organizing and rehearsing the choirs, and directing the musical program.
Recognition of volunteers who participated in the Treats through the Streets, October 28,
1999 and the Police Volunteer Program will be continued to the January 25, 2000
meeting.
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CITY COUNCIL MINUTES
January II, 2000
Mayor Coontz announced the State of the City Address sponsored by the Orange
Chamber of Commerce will be held on January 20, 2000 at 11 :30 a.m. at the Double Tree
Hotel. For reservations call Orange Chamber of Commerce 714-538-3581.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS (Continued)
Mayor Coontz reported that she visited the County Emergency Operations Center at
Lorna Ridge, the City's Emergency Operation Center, and a few of the fire stations on
December 31, 1999 (the millennium), which turned out to be a very quiet, uneventful
evenmg.
Councilman Alvarez reported he will be sponsoring a community forum on Thursday,
February 3, 2000 in the Weimer Room to give Orange residents the opportunity to learn
more about the millennium plan (which does not include an airport) and Measure F.
Mayor Coontz clarified that Councilman Alvarez's millennium plan concerns the subject
of the airport and is not the millennium activity ofthe City of Orange.
2.
PUBLIC COMMENTS
Tape 415
Carole Walters, (address on file), commented on root problems caused by Poplar trees,
one of which is located in her neighborhood, and asked what the appeal procedure entails.
The Director of Public Works explained the administrative appeal process. There is no
fee for the appeal. An abbreviated version of the process was provided in a letter to Ms.
Walters on January 101h.
3.
CONSENT CALENDAR
Tape 573
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of January 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 ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated December 16, 23 and 30,
1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, November 23, 1999,
December 14 and 28, 1999.
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CITY COUNCIL MINUTES
January 11, 2000
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Change Order No. 1 to Agreement No. 3292 - Consultant Agreement to provide
Professional Public Relations Services on various Public Works Capital
Improvement Projects. (AZIOO.O AGR-3292)
SUMMARY: The City of Orange entered into an Agreement with SEMA Associates,
LLC, on July 6, 1999, to provide Public Relations Services on various Public Works
Projects. The scope of work has expanded to include individual meetings with area
businesses in the construction zone and more extensive public outreach. Public Relations
Services has also been provided to an additional project, WalnutlGlassell Storm Drain
Improvements. The expanded scope of work will increase the consultant contract cost
from $19,275.00 to $38,600.00.
ACTION: Approved Contract Change Order No 1 in the amount of $19,325.00 to
SEMA Associates, LLC for Public Relations Services on various Public Works Capital
Improvements projects.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 271-5011-483300-3229 $275.00 Main/Chapman
(Special Gas Tax Construction), 272-5011-483300-4037 $6,000.00 Tustin Street (Gas
Tax), 272-5011-483300-3207 $3,750.00 Chapman (Gas Tax), 272-5011-483300-4004
$3,750.00 G1assell (Gas Tax), 310-9645-483400-1819 $5,550.00 (Community
Development Block Grant) - Total $19,325.00.
APPROPRIATION
3.6 Appropriation for Jeff Franzen, CPA (AZIOO.O AGR-2854.3)
SUMMARY: The City currently has a contract with Jeff Franzen, CPA, a specialist in
fraud, who has been working with the District Attorney for the past year and a half
analyzing complex financial documents concerning the Orange Resource Recovery
System (ORRS) investigation of misappropriating City funds. It is expected Mr.
Franzen's expertise will be required to complete investigation and to prepare for the trial.
This request is for an additional appropriation to complete assisting the District
Attorney's Office.
ACTION: Appropriated $80,000 to Account No. 220-4031-426700 (Sanitation Fund -
Police Detectives - Professional and Consultant Services).
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January 11, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Unreserved fund balance is available in the Sanitation Fund to fund
this appropriation. The City will seek reimbursement for these costs through current
legal actions.
BIDS
3.7 Contract Change Order to Bid No. 989-45, Project No. SP-3265, the City of Orange
Fire Station #8 Temporary Facility. (AZI00.0 AGR-3294)
SUMMARY: This Final Contract Change Order authorizes payment for the work
beyond the original scope of work and unforeseen extra work. The contract cost is
increased to $403,064.18 with this Change Order.
ACTION: Approved Contract Change Order No. 1 in the amount of $16,644.18 to
Fleming Environmental, Inc. for the extra work at the agreed price.
FISCAL IMPACT: Funds are budgeted in Account No. 562-3021-481200-2683 -
$16,644.18 (Fire Facilities Fees Area "C").
3.8 Authorization to release request for bids for traffic signal and street lighting
maintenance contract. (S4000.S.3.3)
SUMMARY: City's current signal maintenance contractor has notified the City that they
will not renew their existing contract upon its expiration. City staff have pre-qualified
two firms to submit bids for this contract and are requesting Council's authorization to
request bids from these two firms.
ACTION: Authorized staff to request bids from the pre-qualified firms of Peek Traffic
(SMI) and Computer Service Company (CSC).
FISCAL IMPACT: Funds are budgeted in Account No. 273-5032-427100 - $85,000.00
(Professional Services)
3.9 Final Contract Change Order; Bid No. 990-02; Project No. SP-32390-B, Street
Rehabilitation Improvements for Tustin Street from Chapman Avenue to Collins
Avenue. (A2100.0 AGR-331O)
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 of work. The total contract cost is $797,165.13.
ACTION: Approved a Contract Change Order in the amount of $29,573.78 to R. J.
Noble Company for the additional quantities at contract unit prices and extra work at
agreed price.
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CITY COUNCIL MINUTES
January 11, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted or are available in the following account: 272-
5011-483300-4037 $29,573.78 (Gas Tax).
3.10 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following Claims
for damages:
a. Dominque Arnold
b. Juan Carlos Gonzalez
c. Bradley Waisbren
d. Robert James West
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Award of Contract - Bid No. 990-17; Project SP-3292; Asbestos Abatement and
Demolition and Right of Way Clearance at 345 East Chapman Avenue, Orange.
(AZI00.0 AGR-3423)
SUMMARY: This project involves asbestos abatement and demolition of the former
Bank of America Building at 345 E. Chapman Avenue. The City of Orange purchased
the building in December, 1997. This action is part of the Parking Lot/Landscape
improvements proposed at this site.
ACTION: Awarded a contract, for Bid No. 990-17 in the amount of $46,905.00 from the
low bidder, John Beck, an individual, P.O. Box 353, Chino, CA 91708-0883 and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in Account No. 926-9811-481200-0000-20050
$250,000.00 (BOA Demolition and Construction).
3.12: Approval of Updated Contracts for the Serrano Heights Community Facilities
District Legal and Fiscal Consultants. (AZI00.0 AGR-3424; AGR-3425; AGR-3428)
SUMMARY: Contracts for legal and fiscal consultants for the Serrano Heights
Community Facility District were initially entered into in 1991 and 1995 when this
financing was considered with two prior potential developers of Serrano Heights. Now
that the Community Facilities District is active again, several contracts need to be
updated for the financing being requested by SunCal Companies, the current developer.
ACTION: Approved updated contracts with the following legal and fiscal consultants:
(1) Bond Attorney - Quint & Thimmig LLP; (2) Disclosure Attorney - Cox, Castle &
Nicholson LLP; (3) Financial Advisor - Fieldman, Rolapp & Associates.
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CITY COUNCIL MINUTES
January 11,2000
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: The City will not incur any costs with this financing. All costs
associated with this financing are the responsibility ofthe developer.
(REMOVED AND HEARD SEPARATELY)
3.13 Award of Contracts: 1) Bid No. 990-07; Project No. SP-3239C; AHRP Street
Rehabilitation for Chapman Avenue from Grand Street to Cambridge Street, Phase
"A". 2) Bid No. 990-08; Project No. SP-3239D; AHRP Street Rehabilitation for
Chapman Avenue from Cambridge Street to Tustin Street, Phase "B". (A2100.0
AGR-3426; AGR-3427)
Note: Councilman Slater abstained on this item due to a potential conflict of interest
with the location of his business.
SUMMARY: The projects will rehabilitate Chapman Avenue from Grand Street to
Tustin Street. The construction improvements to be completed as part of this project
include the rehabilitation of the existing asphalt pavement surfacing, and the construction
of concrete approach lanes at the intersection of Chapman A venue and Tustin Street for
eastbound Chapman Avenue.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 550-5011-483300-3207 $132,370 (AHRP), 272-
5011-483300-3207 $304,162 (Gas Tax 2105), 262-5011-483300-3208 $241,632
(Measure M) Requested Appropriation and, 550-5011-483300-3208 $103,556 (AHRP).
Adequate funds are available in Fund 262 for the requested appropriation.
MOTION - Murphy
SECOND - Coontz
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAIN-Slater
Moved to: 1) Appropriate $241,632 from unallocated reserve in Fund 262 and transfer to
Account No. 262-5011-483300-3208 for Chapman Avenue rehabilitation from Grand
Street to Cambridge Street; and 2) award Bid No. 990-07; SP-3239C; Chapman Avenue-
Grand Street to Cambridge Street in the amount of$210,380.46 and Bid No. 990-08; SP-
3239D; Chapman Avenue - Cambridge Street to Tustin Street in the amount of
$357,775.78 to All American Asphalt Company and authorize the Mayor and City Clerk
to execute on behalf of the City.
DEVELOPMENT IMPACT FEES
3.14 Submittal of Annual Financial Reports for Development Impact Fees.
(C2500J.l.0.2)
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CITY COUNCIL MINUTES
January 11,2000
3. CONSENT CALENDAR (Continued)
SUMMARY: The City is required to annually report on the status of Development
Impact Fees, including the collection of revenue and expenditures of these funds.
ACTION: Received and filed annual financial reports relating to Fire Facilities, Police
Facility, Transportation System Improvement Program fees and Parking In-Lieu
Development Fees.
FISCAL IMPACT: None.
PUBLIC SAFETY
3.15 Assembly Bill (AB) 3229 Funding FY 99. (C2500.K)
SUMMARY: AB 3229 makes funds available under the FY 99 Citizen's Option for
Public Safety (COPS) Program in the Governor's budget. The City of Orange was
awarded $283,348 and proposes to continue funding the non-sworn police support
positions using FY 99 AB 3229 COPS Program Funds. These positions enhance the
Police Department's ability to place sworn Police Officers in the field.
ACTION: Approved the recommendation from the Police Chief to allocate the $283,348
FY 99 COPS grant award to continue funding four (4) full-time and two (2) part-time
non-sworn positions through June 30,2001.
FISCAL IMPACT: These funds have been placed in a separate fund (354 - AB 3229
Supplemental Law Enforcement Services) and cannot be transferred to or intermingled
with other funds, except to facilitate appropriation and expenditures by the statute.
Interest earnings in Fund 354 will also be allocated to payroll expenditures for the six (6)
positions. This award will support the allocation plan and the approval does not require a
budget adjustment.
RATIFICATION OF DECLARATION OF EMERGENCY
3.Hi Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale
Tract). (AZI00.0 AGR-2784)
ACTION: Approved.
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CITY COUNCIL MINUTES
January 11,2000
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.17 RESOLUTION NO. 9204 (A2100.0 AGR-2784)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 967-29; Industrial Construction and
Electric, Inc.; Furnish and Install electrical Equipment for Well No. 24, Wanda/Collins
Pump Station, Villa Real Pump Station, and Reservoir No.5 Pump Station.
ACTION: Approved.
3.18 RESOLUTION NO. 9206 (A2100.0 AGR-3346)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvements; Bid No. 990-04; SP 3278; R. J. Noble
Company; Street Maintenance Asphalt Concrete Overlay at Various Locations (Year
1999-2000).
ACTION: Approved.
3.19 RESOLUTION NO. 9207 (TlI00.0.2 CFD-91-2)
A Resolution of the City Council of the City of Orange combining improvement areas
within the City of Orange Community Facilities District No. 91-2 (Serrano Heights
Public Improvements), and considering alteration of the Rate and Method of
Apportionment of Special Taxes and the authorized facilities for prior improvement areas
and the bonded indebtedness and appropriations limits for the prior improvement areas.
This resolution will set a public hearing for February 22, 2000.
ACTION: Approved.
3.20 RESOLUTION NO. 9208 (S4000.S.4)
A Resolution of the City Council of the City of Orange authorizing the temporary closure
of Maple Avenue from Center Street to Cleveland Street, Shaffer Street from Chapman
Avenue to Palm Avenue, and removing on-street parking from Maple Avenue from
Center Street to Cleveland Street, and Shaffer Street from Chapman Avenue to Palm
Avenue; and removing on-street parking at various locations within the Plaza for filming
of a major studio movie in January, 2000.
ACTION: Approved.
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CITY COUNCIL MINUTES
January 11, 2000
3. CONSENT CALENDAR (Continued)
3.21 RESOLUTION NO. 9209 (C2300.E GPA-3-98)
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission approving the General Plan reclassification of Heim Avenue as
a Commuter Street and redesignating 6.09 acres of property located east of Canal Street
and south of Heim Avenue adjacent to the Mall of Orange from General Commercial to
Low-Medium density residential, designating residential use of the property at a density
range between 6 and 15 dwelling units per acre.
General Plan Amendment No. 3-98, Applicant: Greystone Homes, Inc.
ACTION: Approved.
3.22 RESOLUTION NO. 9210 (T4000.0 TTM-15680)
A Resolution ofthe City Council of the City of Orange upholding the recommendation of
the Planning Commission and approving a Tentative Tract Map to allow the subdivision
of 5.7 acres of property located east of Canal Street and south of Heim Avenue, adjacent
to the Mall of Orange for proposed construction of 49 single-family residences.
Tentative Tract Map 15680, Applicant: Greystone Homes, Inc.
ACTION: Approved.
3.23 RESOLUTION NO. 9211 (C3300.0 CUP-2227-98)
A Resolution of the City Council ofthe City of Orange upholding the recommendation of
the Planning Commission and approving an Administrative Adjustment to allow
reduction of the required length of a residential driveway and Conditional Use Permit to
allow construction of a planned unit development comprised of 49 units on 5.7 acres of
property located east of Canal Street and south of Heim Avenue, adjacent to the Mall of
Orange.
Administrative Adjustment 99-17, Conditional Use Permit 2227-98
Applicant: Greystone Homes, Inc.
ACTION: Approved.
SEISMIC RETROFIT
3.241 Request increase in seismic retrofit contract with EQE International Inc., in the
amount of $32,000 expanding the contract amount from $160,000 to $192,000 for the
purposes of contingency funds for additional alternative seismic analysis. (AZIOO.O
AGR-3330)
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CITY COUNCIL MINUTES
January 11,2000
3. CONSENT CALENDAR (Continued)
SUMMARY: The contingency funds will provide for hazardous materials investigation
of the Fire Headquarters, Corporation Yard Warehouse and Garage buildings ($7,500)
and anticipated alternative analysis of safety levels for structural retrofit of City buildings
($24,500) to be approved by the Director of Public Works.
ACTION: Approved the increase for the contract amount with EQE International Inc., by
$32,000 as contingency funding approved by the Director of Public Works.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program: 565-3021-
4811 05-2977 $226,368 (Seismic Retrofit-Fire Headquarters), 565-5011-4811 05-2978
$338,200 (Fire Headquarters Remodel), 500-5011-481105-2976 $249,876 (Seismic
Retrofit - City Hall), 500-5011-481105-2974 $9,601 (Seismic Retrofit - City Yard),
500-5011-481105-2975 $97,718 (Seismic Retrofit - City Garage).
3.25 TREASURER'S REPORT (C2500.F)
Treasurer's Report for the period ending November 30, 1999.
ACTION: Received and filed.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Councilman Slater abstained on Item No. 3.13. The remainder of the Consent Calendar
was approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 603
4.1 Update on the Jail Issue. (OC1300.I)
Mayor Coontz gave the following report: For six months, I have researched and followed a
proposal to locate a new jail within the City of Orange's sphere of influence. Faced with South
County's opposition of plans to expand the James Musick Facility, the County Sheriffs
Department has been looking elsewhere for a site to locate a new maximum-security jail to house
5,000 inmates. The three potential sites identified are in East Orange. Though we learned of this
last summer, it was a full year ago that a search committee comprised of representatives from the
Sheriffs Department, the cities of Lake Forest and Irvine and two members ofthe Board of
Supervisors began to hunt for a new jail site. When we discovered the hunt was leading to our
backyard, the City Council made several, vigorous efforts to be included in this site selection
process. Our efforts had little success.
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CITY COUNCIL MINUTES
January 11,2000
4. REPORTS FROM MAYOR COONTZ (Continued)
This Council is extremely concerned about any proposal to locate a jail within our community.
The Council approved a subcommittee consisting of Councilman Murphy and myself to meet
with each member ofthe Orange County Board of Supervisors. During these meetings, we again
voiced our strong opposition to the siting of any additional jail within our sphere of influence.
Further, we reminded the County Board of Supervisors that Orange is already home to Theo
Lacy Jail, located just off The City Drive. When built, this facility was not intended to be a
maximum-security jail. Yet, it will soon house nearly 3,000 inmates - including 1,152 maximum-
security prisoners. After several years oflitigation, in 1995 the City and County reached an
agreement on the expansion of Theo Lacy. We were assured that Theo Lacy would be the only
County jail located in the City of Orange.
The proposed jail sites are located in the 18,000 acres just east of Jamboree Road, owned by The
Irvine Company, planned to be part of the City of Orange. A Citizens Group created a policy
plan for our sphere of influence. We unveiled the East Orange General Plan in 1989 - a
comprehensive, award-winning plan. The general plan includes all aspects of a planned
community - similar to a south county planned community. The plan was very clear - a jail
would not be compatible with the proposed land uses. The City of Orange represents 5 percent
ofthe total countywide population, yet once Theo Lacy is built-out, we will provide 47 percent
of aU jail beds for the County. Orange has done its share.
Furthermore, if an additional jail facility were built in Orange, we would be providing 70 percent
of aU the jail beds in Orange County. The City of Orange would be home to more inmates than
the Los Angeles Central jail and would be California's largest jail facility. We would be called
"Jail City." The issue of protecting our community from an additional jail impact is important to
our future. We will continue to follow this issue and hope to be included in future County-led
discussions. County Supervisor Cynthia Coad has expressed her strong stance against any
additional jails in Orange, and we greatly appreciate her support. Tonight, I want to raise
awareness and express my serious concerns regarding Measure F. City staff has reviewed the
ballot measure to determine its effects upon jail siting. Our staff found that although the measure
states it will protect communities from having jail facilities located within their neighborhoods, it
would not protect our city from an additional jail site. I am asking the entire City Council to
support Resolution No. 9212 opposing Measure F on the March ballot. Measure F will not
protect our community from jail siting and, if passed, opens East Orange to potential jail siting.
Councilmember Murphy read Resolution No. 9212, requesting Paragraph 2, Line 2 be amended
to mad "47 percent" rather than "one-third".
Mayor Coontz continued: I fully understand that Measure F addresses other issues such as
landfills and airports, however for the City of Orange we need to focus on the real issue facing us
today and that is the Jail. I understand that there may be individuals who may want to address
the airport portion of this Measure, and for those individuals, I would like to let you know that
the airport EIR is currently being reviewed (it's about 3 ft tall) by our Planning Department.
They
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CITY COUNCIL MINUTES
January 11, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
will be reporting their findings back to the City Council, and at that point the Council will have
the opportunity to discuss the airport.
Speaking in Opposition to Airport:
Gail Thompson, 805 LaVetaAvenue
Carole Walters, (address on file)
Kevin Canvanagh, 8 Piccadilly Court, Aliso Viejo
Carrie Fletcher-Harvey, 509 E. Grove Avenue
Tom Baumgartner, 8140 E. San Luis Drive
Linda Jones, 4 Field, Irvine
Hanna Hill, 1 Shelby, Irvine
Reasons and Concerns: Measure F will stop the expansion of John Wayne Airport. The
proposed airport at EI Toro will be in litigation for decades. Measure F tells the citizens of
Orange County what the project, either an airport, jailor landfill, will actually be like and what
impact it will have on surrounding communities, before a Countywide vote is taken. The
proposed airport at El Toro was to be a turn-key airport; it will cost twice as much as predicted
for an airport half the size as originally planned. Measure F will protect the citizens from County
government abuses. Other concerns expressed were safety concerns with the flight paths, noise
generated, fuel tankers will gridlock freeways, and night time air freight operations.
Speaking in Opposition to Measure F:
Tom Dominguez, 546 E. Glendora, Member of Board of Directors of the Association of Orange
County Deputy Sheriffs, urged Council to oppose Measure F, noting that the Association has no
position on the airport at EI Toro. The Association does oppose Measure F. The County has
been under the provisions of a federal court order for over 20 years, which came about as a result
of jail overcrowding. Since the Stewart vs. Gates decision, thousands of convicted and
incarcerated criminals have had to be released prior to the completion of their sentences.
Measure F would significantly impair law enforcements ability to do their job of protecting and
serving the citizens of the community.
Mayor Coontz said that the ten years spent by the City of Orange on The Irvine Company
General Plan to the east of Orange involved all segments of the community. The City of Orange
was not included in the planning done by the South County on a location for a jail site. It is
important that the future of the City of Orange be protected. Measure F only protects those close
to the Musick Jail. The economy is hot right now; developers are looking to develop their plans;
and there are competing interests with every piece of land. The City should be concerned with
the land to the east which will be developed. The land is close to Santiago Hills, Orange Park
Acres, and other developments. The understanding with the original plan with The Irvine
Company did not include a jail. The airport issue will come up at a later time, noting that the
citizens of Orange voted twice in favor of an airport.
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CITY COUNCIL MINUTES
January 11, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
Councilman Slater commented it has been in the environmental impact reports and stated clearly
that if the non-aviation plan (no airport) is developed at EI Toro, there would be at least twice the
amount of traffic generated in South Orange County as there would be if there were an airport at
EI Toro. Flight paths are being studied that they might be similar to John Wayne Airport, to
arrive over east Orange and depart over the Newport coast. No homes would be impacted. The
City of Orange benefits in that the airport plan can be made around east Orange (which would be
impacted by the airport), as it is not yet developed. John Wayne Airport is going to have to be
explmded if there is not an airport at El Toro, which will significantly impact the current
residents of East Orange. The proposed Resolution opposing Measure F supports law
enforcement.
Councilman Murphy commented it is unfortunate that those that wrote Measure F
unintentionally targeted the City of Orange as one of the major sites for jails and landfills. By
placing a Y, mile radius around planned communities (not yet built out) limits the number of
areas where jail sites can be considered within the County confines. It is the Sheriffs
responsibility to have more jail beds in Orange County. However, the City of Orange already
has 47% of the jail beds as a result of the expansion of the Theo Lacy Jail. The City of Orange
has done its share. Other areas need to be considered.
Councilman Alvarez commented he could not support Resolution No. 9212, as it has no impact.
Measure F will be voted upon by the people in March. The City of Orange does not want to have
anolher jail site. Opposition was expressed to the proposed EI Toro airport.
Mayor pro tern Spurgeon commented Orange has done its share with jail sites. Concern was
expressed that buses would have to travel through the City of Orange to transport prisoners.
RESOLUTION NO. 9212
A Resolution of the City Council of the City of Orange opposmg the Safe and Healthy
Communities Initiative - Measure F.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
NOES - Alvarez
Moved that Resolution No. 9212 as amended, be adopted and same was passed and approved by
the preceding vote.
4.2 Request the status of the Master Schedule of Events as discussed at the October 26,
1999 Council Meeting. Tape 2075
Mayor Coontz requested the City Manager provide a Master Schedule of Events.
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January 11,2000
4. REPORTS FROM MAYOR COONTZ (Continued)
4.3 Request the City Manager to report on the policy covering the Orange Progress, the
magazine distributed to the community regarding scheduled recreation activities and
community events. Tape 2090
Mayor Coontz requested the City Manager provide a report as soon as possible which includes
who the publisher is and what the controls and opportunities are.
Councilman Alvarez commented a pro-airport publication was inserted into a City publication at
the taxpayer's expense. He asked the City Attorney to investigate: 1) whether it is a violation of
the law for a city paid publication and postage paid publication to have a political piece inserted;
2) whether the Brown Act was violated when Councilmembers reviewed the publication; 3)
whether the Mayor could either pull or allow the insert to be included in the publication; and 4)
whether the publication was ever approved, since it was not agendized. Councilman Alvarez
indicated there needs to be a policy to disallow this. From his view, it was illegal from the start.
A clarification needs to be obtained from the Fair Political Practices Commission (FPPC) as
well.
The City Attorney commented he did not feel he should investigate this issue, since he was given
advance notice of the brochure, and had already rendered a legal opinion that the brochure could
be sent. The City cannot spend public funds to campaign for or against initiatives, but can
provide informational brochures on specified projects. It was his understanding that no City
funds were used either to mail or create the brochure. He advised that the publication could be
sent, since the postage did not increase due to the insertion of the brochure. The City Attorney
also advised that under the Orange Municipal Code, the Mayor has separate authority to handle
all press relationships dealing with matters that come before the City Council.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct the City Manager to bring back the facts regarding the present status of the
Orange Progress; answers to the questions whether Council has the right to pass on what goes in
to the Orange Progress; and the monetary costs, etc., in order to have a good strong policy.
The City Manager indicated a report will be brought back to Council within 30 days. Mayor pro
tern Spurgeon suggested the City Manager, City Attorney and Mayor meet to discuss better
agenda management.
Councilman Alvarez made a motion to direct the staff through the City Manager and City
Attorney to look into the costs of bringing in an independent attorney to review the actions that
took place leading up to the mailing of an insert by the pro-airport people. Motion failed due to
lack of a second.
Carole Walters, (address on file), commented policies should be in place before a vote is taken.
PAGE 14
CITY COUNCIL MINUTES
January 11,2000
5.
REPORTS FROM COUNCILMEMBERS
Tape 2816
5.1 Councilman Slater and Councilman Alvarez - Consider purchase of R. J. Noble
prol~erty bounded by Lincoln, Glassell and the Santa Ana River (approximately 76 acres)
and Sully Miller property bounded by Santiago Canyon Road, Santiago Creek and Cannon
Stn,et (approximately 120 acres) for future parks and open space. (C2500.M.14)
Notle: Mayor pro tern Spurgeon abstained on this item due to a property interest within 300 feet
of the proposed Sully Miller development and left the Council dais.
Councilman Slater reported the Master Plan of Parks was adopted at the December 14, 1999
Council meeting. Planning Commission Chairman Randy Bosch (who also voted for the Plan)
suggested this is better late than never and that this should have been done twenty years ago.
With that in mind, he felt the need to act immediately. The Master Plan of Parks said that the
primary goal should be to continually work toward the improvement of existing park sites and
the acquisition and development of new park sites to better meet the recreation requirements of
the I~ornmunity. Part of the Park Plan process was a telephone survey conducted in December,
1997 and January, 1998 of 398 citizens. More than 80% of respondents felt that programs and
facilities needed to be expanded for children 6-17 years of age. The Park Plan also quotes that
the City has only 1.54 acres of parkland per 1,000 residents, which is only half the State standard
of three acres per 1,000 residents. The Plan states that the City should strive to provide more
than the maximum standard, closer to five acres per 1,000 residents, to meet the deficiencies in
active and passive recreation needs in the community.
The two large parcels that are undeveloped are basically the only two parcels left in the current
City limits, or adjacent to the City limits, that could be purchased somehow for future park space.
Houses on the two properties will invite more people into the City, or the two sites can be
improved for the future benefit of the citizens the City already has. There is not a lot of other
space in the City. As a realtor, he is for new homes in the City. There is a lot of area to the east
of Orange that will be considered in the near future. Serrano Heights is currently being
developed. The two sites are all the City has left. The Sully Miller site is 117 acres and the R. J.
Noble site (in the northwest part of the City) is 76 acres, for a combined total of 193 acres. Right
now, the City is short 182 acres of park space to bring it up to the minimum of three acres per
1,000 residents. Twenty acres ofthe Sully Miller site is creek bed, making only 97 usable acres.
The two sites can produce for the City about 176 acres. The Park Plan states that the 120 acre
Sully Miller gravel quarries could likely be re-established to allow sports field development and
a community center building site. The R. J. Noble site is specifically named in the Plan as having
potmtial for acquisition.
Shirley Grindle formed a citizens committee consisting of Orange's top community leaders, who
are willing to work with City staff to study all the means and methods available to place the two
properties in the park and school column. The President and Immediate Past President of the
OUSD Board have volunteered to serve on the committee. The City must be progressive in
helping the school district find sites to relieve school overcrowding, which is at least partially
PAGE 15
CITY COUNCIL MINUTES
January 11,2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
due to all the new homes that have been approved over the past few years. The schools are a
vital contributor to the overall quality of life in the City of Orange.
Councilman Alvarez commented the City needs a lot more park space than it currently has.
Community support was shown for park sites when the City got involved with the
Walnut/Prospect site. The City wants to pay for the park space in a responsible way, which is
why the methods for financing need to be evaluated.
Mayor Coontz asked what the status of the two sites is at this time? The Director of Community
Development responded the R. J. Noble property is being processed through the County of
Orange. City staff has had ongoing discussions with the proponent and County staff. The
application process is slowing down and may be on hold at this time. With regard to the Sully
Miller property, there are applications from the Fieldstone Company. Staff is working with the
Fieldstone Company to develop environmental documentation to move through the process.
Speaking in Support:
Shirley Grindle, 5021 E. Glen Arran, commented that the purpose of the committee is to provide
a base of support to help solve the park shortage problem and to work with staff in identifYing
and evaluating different funding alternatives. The request before Council is supported by the
Master Plan of Parks, namely to actively track and pursue any special grant funds, to review and
adopt funding strategies to meet current and future shortfalls, and to develop additional sport
fields, to name a few. Concerned citizens are willing to give their time and many parents and
youths are committed to getting more sport fields. The decanted attitude of past Councils that
viewed local parks as solely a maintenance problem has short changed the residents and
particularly the kids of the City. Orange's lack of parks and sports facilities cannot be solved
alone by piecemeal dedications from the developers. Council was urged to take the
recommended action and direct staff to utilize the exploratory committee to come up with
workable solutions.
Speaking in Support:
Randy Bosch, 6437 E. Yosemite, (Planning Commission Chair)
Linda Davis, 9701 Janice Circle, Villa Park, OUSD Board Member
Carter James, 1110 E. Mardell, President of Orange Junior Soccer Club
Carole Walters, (address on file), President of the Orange Taxpayer's Association
Oz Enderby, 6719 E. Oak Lane, representing Orange Youth Sports
Carolyn Cavecche, 1204 E. Walnut, Orange Public Library Board of Trustees Member and
mother of three park-using children
PAGE 16
CITY COUNCIL MINUTES
January 11,2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Spe:llking in Opposition:
Frank Foster, 19 Charity, Irvine, spoke on behalf ofthe Fieldstone Communities, Inc., the escrow
holder on the Sully Miller properties, and on behalf of Hanson Aggregates West and Sully Miller
Land Company who are the property owners. Mr. Foster said that Fieldstone Communities, Inc.
(FCI) has worked with City staff for over a year with the intent to entitle the property for
devdopment. Extensive studies have been undertaken; some are still underway, including land
planning, soil studies, environmental, biological, and hydrology to evaluate the suitability of the
Sully Miller property for residential development. An EIR has already started. Scoping
meetings are complete. FCI was caught very much by surprise to be informed last Wednesday
that the City Council would be discussing a study of the purchase of the Sully Miller property
through a grant or bond issue for parkland. It is a mystery to them why this surfaced now, after
so much work has been done towards a sensible residential development on the property. FCI
does not believe that a regional park on the Sully Miller property is in the best interest of all of
the citizens of Orange for the following reasons: 1) They understand there is a shortage of
parkland in the City. Their residential development will set aside 20 acres of stream protection
and additional useable park site in the development, at no cost to the taxpayers. 2) The property
is 117 acres. FCI does not understand why the City would want this concentration of parkland
at the extreme east side of the City. How will such a large park be used? How will it benefit all
the residents of the City? 3) There are continuing opportunities to add parkland to the City as
new residential development comes before the City for entitlement in the east side of the City.
They will allow for parks of a sensible size and a reasonable cost in the new developments for
the use of everyone.
Councilman Alvarez asked who owns the Sully Miller site? Tim Cameron, attorney for Sully
Miller Land Company, World Trade Center, Long Beach, indicated Sully Miller Land Company
is ovmed 50% by a private foundation called the Earl and Lorraine Miller Foundation. The other
50% is owned by about eight individual members of the Sully family. The property has been
leased fifty years by the individuals to Sully Miller Contracting Company. Sully Miller
Contracting Company has supplied asphalt to the City of Orange and cities all around for years,
which has basically been the foundation of the community.
The City Attorney stated that no action or activity will be taken at this meeting to condemn the
property. The owner of the property and Fieldstone Communities, Inc. is entitled to continue
through the process. The City Council will have to consider Fieldstone's proposed project based
upon current conditions and not project out what may happen in the future.
Mayor Coontz commented this is the first time this has come before Council. The details are
unknown, except what has now been presented. This Council has been very supportive of
recreation and parks, which is why the City now has a Master Plan of Parks. One of the goals
when she became Mayor was that a lot would be done for the youth of the City. Mayor Coontz
askt:d the City Manager when the park development fee report will come to Council? The City
Manager responded a report will be presented at the February 8, 2000 meeting.
PAGE 17
CITY COUNCIL MINUTES
January 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilman Slater commented that the City went out on a limb in acquiring the Beazer property
and is working on other sites. Unfortunately, it was only at the last Council meeting that Council
was able to see a Master Plan of Parks. Given the dire situation the City is in, he felt no more
time could be wasted. Several citizens who also recognized the dire need for park space
requested this issue be agendized.
Mayor Coontz requested clarification on what is meant by "method and plan of action" in
Councilman Slater's proposed motion to direct the City staff, City Manager and City Attorney, to
work with the citizens' committee to recommend a method and plan of action to acquire and/or
develop the Sully Miller and R. J. Noble sites into City parkland. Councilman Slater explained
the Master Plan points out all options available to acquire parkland. He would like the
Committee, in conjunction with City staff, to come up with recommendations for the best
approach to acquire the two sites. The R. J. Noble site is located in the County of Orange. The
Sully Miller site is located in the City of Orange. Both properties are currently zoned sand and
gravel. The citizens need to tell the City they have a commitment to acquire the two sites, and
along with information that staff will provide, the methods available. Ultimately, Council will
give direction on how it should be approached. Councilman Slater indicated he is not a
proponent of bond measures, but if that is the last recourse, the citizens' committee can take a
look at it. That is why it is so important that Eric Inglett, a financial advisor who knows a lot
about bonds, volunteered to serve on the committee. Ifpossible, he would like the City Manager
to report back in 30 days, or whenever the committee has their recommendation. The Committee
ultimately, with information provided from staff, can give a recommendation on how the City
should proceed to acquire potential sites listed in the Master Plan of Parks.
Councilman Murphy expressed support for the citizens' committee and the need for the
committee to first explore the resources available and potential sites for park space and schools.
Concern was expressed with focusing only on the R. J. Noble and Sully Miller properties.
Mayor Coontz concurred with Councilman Murphy in that zeroing in on the two properties
opens the City up for legal problems. It is also important to have an understanding of the park
development fees.
Councilman Slater concurred with the suggestion to not focus specifically on the R. J. Noble and
Sully Miller sites. However, in reviewing the Master Plan of Parks, he feels ultimately it will
come down to the two sites. All potential sites in the City should be considered in the big
picture.
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Alvarez
ABSENT - Spurgeon
PAGE 18
CITY COUNCIL MINUTES
January 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Moved to: 1) Direct City staff, including the City Manager and City Attorney, to explore with the
citizens' committee to recommend a method and plan of action to acquire park sites in the City
of Orange; 2) direct that a goal of the newly formed community foundation be the acquisition
and maintenance of parkland (which is one of the options in the Park Plan); and 3) the citizens'
group also make a recommendation to Council and staff on the fee study currently underway,
whic:h will be studied by staff and presented to Council.
THE: CITY COUNCIL RECESSED TO CLOSED SESSION AT 6:50 P.M. TO DISCUSS ITEM No. l1(A).
THE: CITY COUNCIL RECONVENED AT 7:18 P.M.
5.2 Councilman Murphy - Millennium Update
This item was continued to the January 25, 2000 meeting.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Reappoint Councilman Alvarez to the Orange County Vector Control District for a
two..year term to expire December 31,2001. (ORI800.0.3.20)
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Director of Community and Library Services regarding a Strategic
PIau for the Orange Public Library System. (C2500.I)
SUMMARY: Approve a strategic plan for the Orange Public Library System which is consistent
with the DMG Management Audit and previous studies conducted by Arroyo and Associates and
includes recommendations to renovate Taft and EI Modena branch libraries, and provide
sufficient staffing support for Main and the branch libraries, for an estimated cost of over $1.9
million over the next 24 months. This cost does not include the future building of a new Main
library or extension of the existing library, which could exceed $15 million.
FISCAL IMPACT: After the fund transfer is executed, there will be appropriate funds to pay
for the position reclassifications in Account No. 100-2011-411102 (Regular Salaries):
$35,548.10. Funds are available to pay for the architectural fees for the Taft Branch Library
Renovation in Account No. 725-7028-481105-9918 (Taft Community Center) $100,000. Total:
$135,548.10.
PAGE 19
CITY COUNCIL MINUTES
January 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
The Director of Community and Library Services reported that since the newly renovated Main
Library reopened in February, 1999, visitation has increased by 63%. Additional steps are
needed to finalize the Strategic Plan for the library system which will enhance the level of
service for library users and patrons. The immediate need is to request four positions be
reclassified from their current part-time status to full-time at the Main Library. An independent
analysis of staffing indicates that future consideration to various positions will need to be
addressed, some in the next twenty-four to thirty-six months, and a few in the FY 2000-01
budget. This needs to occur to adequately expand hours of operation at all three facilities. The
future requested positions and classifications would coincide with the completion of renovations
at the Taft and EI Modena facilities.
The recent Arroyo and Associates study indicates the Taft Branch Library is in dire need of
renovation. The Taft Library has numerous construction deficiencies and is not ADA (American
Disability Act) compliant. The carpet and wood exterior is completely worn. The configuration
of the facility is irregular and not user-friendly. The entire ventilation system needs to be redone.
It was recommended the $100,000 currently in the CIP budget be utilized to hire an architect to
begin the design phase for the renovation of the Taft Branch Library.
It has been twenty years since any real improvements have been made to the EI Modena facility.
The Arroyo and Associates report identifies that the community room at EI Modena be a part of
the renovation project; the interior and exterior lighting at the facility be updated; renovation of
the patio area; resurface the parking lot; and a thorough enhancement of the landscape at the site.
At the present time, monies are available to address the exterior lighting at the site, as there are
security issues. The recommendation for El Modena would be the consideration of renovation in
the next twenty-four to thirty-six months.
Speaking in favor:
Kathleen Massa, Chair of Orange Public Library Board of Trustees
Charles Williams, 2459 No. Hearthside
William Warne, 1208 Adams, Orange Public Library Board of Trustees Member
The Director of Community and Library Services responded to Mr. Williams that the opening on
Fridays in addressed in the report and is a goal.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 20
CITY COUNCIL MINUTES
January 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Moved to: 1.) Adopt the report; 2) direct staff to begin architectural design work for renovation
of the Taft Library consistent with the report, utilizing up to $100,000 currently allocated in the
1999-2000 capital budget for Taft Library; 3) authorize the reclassification offour (4) part-time
to full-time positions in the amount of $35,548.1 0; and 4) approve a transfer in the amount of
$35,548.10 from General Fund (100) unappropriated reserves to Regular Salaries Account No.
100-2011-411102.
7.2 Report from the Director of Community and Library Services regarding Joint Use
Libl'ary Between the City and Santiago Canyon College. (C2500.I)
FISCAL IMPACT: Funds are insufficient to participate in a joint-use library project.
The Director of Community and Library Services reported staff has met with Santiago Canyon
College relative to the advantages and disadvantages of a Joint Use Library with the City. The
findings were submitted to the Orange Public Library Board of Trustees on November 15,1999.
Santiago Canyon College presented a projected cost of approximately $7 million to the City for a
library in which the City would be a joint use partner, with an annual operating cost of
approximately $450,000. The Orange Public Library Board of Trustees reviewed and analyzed
the information and voted unanimously not to participate at this time. However, the door was
left open. Santiago Canyon College indicated that certain bond measures would come back
before them in eighteen to twenty-four months. For today's purposes, the Orange Public Library
Board of Trustees felt that the internal needs of the library were more important.
Councilman Slater commented when this issue was originally brought to Council, the situation
was pressing that a decision needed to made whether the City would participate in the joint use
venture. Fortunately, the City has twelve to eighteen months now. Although the Orange Public
Library Board of Trustees said this is not the right thing for the City at this time, Councilman
Slatl~r supports the Board revisiting this issue, as the joint use venture could potentially benefit
the City.
Mayor Coontz commented the City does not have $7.5 million at this time. The disadvantages of
a joint use venture with Santiago Canyon are the same as they were when Santiago Canyon
College first promoted it in the early 1990's and have not been resolved. The City has an
entirely different type oflibrary system. The type of books ordered for a college are not the same
as those for the public at large. Santiago Canyon College is wanting in funds on their own. A lot
of work is needed if a joint use venture is going to be considered. Council (two at a time) needs
to meet with staff to discuss the advantages and disadvantages, as a lot of staff time has been
spent looking at this issue. The City does recognize, however, that the Main Library does not
meet the needs ofthe City today.
PAGE 21
CITY COUNCIL MINUTES
January 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Carolyn Cavecche, 1204 E. Walnut Avenue, Library Member, confirmed that the Board's motion
was that this issue would be revisited and considered by the Board in twelve months.
William Warne, 1208 E. Adams, Vice Chair of the Library Board, commented there are a lot of
people the City can do joint use with. Issues of concern with a joint use venture with Santiago
Canyon College are security, parking, staff mix, etc. If the City does move forward on this, a
dialogue with the college on these issues would be helpful.
MOTION - Slater
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to table the issue of joint use until funding sources are identified by Santiago Canyon
College, at which time the issue will be re-evaluated by the Orange Public Library Board of
Trustees along with other issues that have not been resolved.
8. REPORTS FROM CITY MANAGER
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 26-99 (A2500.0 Drugs)
An Ordinance of the City Council of the City of Orange adding New Chapter 12.50 to the
Orange Municipal Code designating City parks and libraries as drug-free zones.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 26-99 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 28-99 (A2500.0 City, Orange)
An Ordinance of the City Council of the City of Orange adding New Chapter 1.12 to the Orange
Municipal Code relating to the City name, seal and logos.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 28-99 be read by title only and same was approved and adopted by
the preceding vote.
PAGE 22
CITY COUNCIL MINUTES
January 11, 2000
9. LEGAL AFFAIRS (Continued)
9.3 ORDINANCE NO. 29-99 (A2500.0 Old Towne)
An Ordinance of the City Council of the City of Orange adopting revised historic preservation
design standards for Old Towne.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 29-99 be read by title only and same was approved and adopted by
the preceding vote.
9.4 ORDINANCE NO. 2-00 (A2500.0 AMD-7-99)
An Ordinance of the City Council of the City of Orange amending Titles 12 and 17 of the Orange
Municipal Code authorizing modifications to the ultimate planned width of Heim Avenue and
approving the reclassification of 6.09 acres of property located east of Canal Street and south of
Heim Avenue, adjacent to the Mall of Orange, from C-TR, Limited Business District, Tustin
Redevelopment Project Area, to R-2-6, Duplex Residential District. Ordinance Amendment 7-
99, Zone Change 1196-98, Applicant: Greystone Homes, Inc.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 2-00 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 9:45 to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation
pursuant to Government Code Section 54956.9(b) (one potential case): Siting of County Jail in
Ora:llge's Sphere ofInfluence.
b. 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; Trevor Scott v. City of Orange, et aI., Orange County Superior Court Case No.
804194; and City of Orange v. County of Orange, Y orba Park Remediation.
PAGE 23
CITY COUNCIL MINUTES
January 11, 2000
11. RECESS TO CLOSED SESSION (Continued)
c. 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.
CLOSED SESSION - URGENT ITEM
People v. Hambarian
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the matter arose after the posting of the agenda and there is a need to take immediate
action.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 6677
Carole Walters, (address on file), commented on public speaking.
13.
PUBLIC HEARINGS
Tape 6828
13.1 GENERAL PLAN AMENDMENT 1-00, ZONE CHANGE 1201-99, CULVER
AVENUE, CITY OF ORANGE (C2300.E GPA-I-OO) Tape 6828
Time set for a public hearing on petition by the City of Orange to amend consideration of a Zone
Change from R-2-6 to R-I-6 (if this option is chosen a General Plan Amendment is also needed),
R-2-6 with a zoning overlay or R-2-8 with a zoning overlay. The property is located on the south
side of Culver A venue between Shaffer Street and Cambridge Street.
The Director of Community Development reported this is an important land use policy issue that
has been a topic of discussion in the community for some time. The property includes
approximately nine acres of land, which encompasses twenty-eight parcels, which range in size
from approximately 4,000 square feet to a large parcel of over 46,000 square feet. All except one
or two of the lots are occupied by single-family residences. The current zoning is R-2-6 with
special limitations. The limitations include the Old Towne Design Standards and special
mitigation measures which were established at the time of the 1993 zone change of the area.
Important among the mitigation measures was Council direction the development would not
have a significant impact on the single-family character of the streetscape. The General Plan
designation of the site is Low Medium Residential, six to fifteen dwelling units per acre. The
applications before Council have been initiated by the City to clarifY the existing zoning for the
unique block of Old Towne. The first experience in implementing development regulations
proved to be very complex and difficult. Council initiated this zoning process, anticipating early
PAGE 24
CITY COUNCIL MINUTES
January 11, 2000
13. PUBLIC HEARINGS (Continued)
on that the combination of regulations needed to be clarified or simplified. Several months ago
Council studied a wide variety of zoning alternatives for the block, and in September, 1998 most
of the alternatives were eliminated. Direction was provided to begin a public hearing process on
zoning alternatives to an R-2-6 with a special study overlay, or an R-2-8 with a special study
overllay. After several neighborhood meetings, public study sessions, Planning Commission
hearings, in October, 1999 Council added the alternative of the R-I-6 zoning for consideration.
The Director of Community Development explained the three zoning alternatives for Council's
consideration, noting the R-I-6 zone (recommended by the Planning Commission) would allow
single-family residences to add an accessory second unit, referred to as granny flat. The
Planning Commission also recommended a General Plan Amendment be approved which would
amend the area from Low-Medium Density Residential to Low-Density Residential to be
consistent with the single-family residential zoning.
Mayor Coontz noted that in 1993 granny flats were a requirement of a conditional use permit and
decision by the Council. Has there been dramatic changes to the Environmental Impact Report
(Ern.) requirements since 19937 The Director of Community Development responded garage
spaces were previously required. State law no longer allows that. EIR requirements have been
modified over the time.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking in a neutral position:
Chades Williams, 2459 No. Hearthside
Spe:!kers in favor of Option 1 (Planning Commission Recommendation)
Martha and Dan Phelan, 375 S. Pine St.
Shalmon Tucker, 206 N. Pine St.
Mattie and Warren Link., 801 E. Culver
Paula Sidler, 724 N. Hidden Trail
Anne Siebert, 340 S. Olive
Freel Gillett, 205 E. Palmyra
Robert Imboden, 226 W. Palmyra
Joan Crawford, 394 S. Orange
Robert Marone, 359 S. Pine
Patty Ricci, 618 E. Culver
Kim Seehuus, 823 E. Culver
Dwain Raney, 368 S. Cambridge St.
Doug Pancake, 556 E. Culver
Christine Gallant, 383 S. Grand
Connie and Tom Strybel, 390 S. Pine St.
Yvonne Early, 365 S. Grand
PAGE 25
CITY COUNCIL MINUTES
January 11,2000
13. PUBLIC HEARINGS (Continued)
Speaking in Opposition to Option 1 (R-I-6 zoning):
Carole Walters, address on file
Ralph and Linda Zehner, 630 E. Culver, presented documentation for the record
Mike Keller, 632 E. Culver
Herb Runnells, 816 E. Culver
T. J. Clark, 811 E. Chapman
Eileen Hertfelder, 720 E. Culver
Kevin Hertfelder, 342 W. Brookshire
In response to comments made, the Director of Community Development responded that
Chalynn Circle was built 30-40 years ago under a different set of standards in a different era.
Chalynn Circle would not be built under today's development standards. He would not term re-
zoning an entire block or half a block to spot zoning. Drainage is an issue dealt with at the time
of building permit. Standards need to be complied with and there are a variety of solutions.
The City Attorney addressed the following issues raised: An allegation was made that the rezone
would constitute discrimination. One of the fundamental concepts of discrimination is that you
have similarly situated people or property treated in a dissimilar manner. One of the issues that
came up is the lots on the south side of Culver are unique and very dissimilar to the lots on the
north side of Culver. This is a situation where we have some very dissimilar lots being treated
the same. There is some subjectivity in zoning regulations. In the litany of cases that have
addressed this area, it has always been held is that a certain amount of discretion and subjectivity
is necessary in order to establish good long-term land use planning. A certain amount of
discretion is allowed by the legislative bodies. The Design Review Committee, the Planning
Commission, and the City Council all exist by State law, at least in the land use context, to apply
discretionary standards. The Council's charge is not to apply the objective standards but the
more discretionary standards.
THE CITY COUNCIL RECESSED AT 9:10 P.M. AND RECONVENED AT 9:20 P.M.
COUNCIL COMMENTS:
Councilman Slater commented on remarks made by the public with regard to parity and the
neighborhood being up to par with the R-2 zone around it, etc. Councilman Slater indicated
there is not parity because the lot sizes are so huge. In the R-2-6 zone, 20,000 square feet allows
the ability to do something none of the neighbors can do. The lots could be subdivided; two
more houses could be built; and the houses could even be sold off. Each house could have a
granny flat behind it, which is something none of the neighbors can do. In 1993, when the block
was up-zoned, it was not officially an historic district and it operated under a different set of
rules. Ever since the zoning was changed, there has been division, controversy, and problems on
the street. It is time to end the disharmony and vote for neighborhood preservation, preservation
of Old Towne, and to restore the zoning on the south side of Culver Street back to R-1.
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CITY COUNCIL MINUTES
January 11,2000
13. PUBLIC HEARINGS (Continued)
Mayor Coontz commented on a letter recently received which said if the block is changed back
to R-l, something is being taken away. The way she voted in 1993, they were never getting it, as
she wnsidered the zone change in 1993 to be ill-conceived; never really thought out; a political
move; and she stands by her original decision in 1993 that the zone not be changed. Since 1993,
morl~ requirements have been added and a lot of time has been spent with applicants trying to
think of ways to resolve the problems. The Historic Register has now been added; there have
been changes to EIR requirements; and a number of things definitely affected the properties
making it more difficult for anyone to devise how they could achieve the maximum on these
narrow lots. The ability to put on granny flats was not as great as it is today. The size of the
granny flat and the process has changed. It has taken many years to try to resolve the problems
with a lack of success. Mayor Coontz expressed support for the Planning Commission's
recommendation.
Mayor pro tern Spurgeon commented that he did not participate in the 1993 decision due to a
conJ1ict of interest. A lot of staff time and monies have been spent on proposed developments.
H has tried to compromise as the project under the R-2-6 zoning came forward. However, it
seemed a compromise could not be reached. The dye was cast several years ago when an entire
square mile of Old Towne became an historical designated area. Regardless of his own personal
philosophy on property rights, he reluctantly expressed support for the R-I-6 zoning, as it is the
only way to get closure on this issue.
Councilman Alvarez commented that he tried to look at the original intent of the R -1-6 zoning,
and concluded that even the intent of the R-2-6 zoning was to somehow reach a level of single-
family appearance. Applying all the standards and overlays to R-2-6 zoning is unclear and
confusing. R-I-6 zoning, keeping it simple and the way it was in the past, will still allow for a
substantial amount of development on each lot.
Councilman Murphy commented the times and environment today is drastically different than it
was in 1993, in terms of the level of environmental review and requirements, historic
designation, Secretary of Interior's reports, etc. The land use decision today is substantially
diffclrent than it was in 1993. With the challenge of the additional guidelines that have been in
place over the past few years in the Old Towne District, R-2-6 is no longer indicative of what
really is expected or allowable on the properties, based on their uniqueness of size, narrowness
and depths of the lots. He supports property rights, but cannot support maintaining zoning that is
not really indicative of what is targeted or envisioned for the area. He expressed support for the
change back to R-I-6 zoning, but would like to continue to endeavor to provide clarity on some
of the additional guidelines and regulations in order to have a more straight-forward process as
applications come forward.
Mayor Coontz concurred with Councilman Murphy and directed staff to develop clearer
guidelines and provide a report back to Council. Councilman Slater indicated there needs to be
clarification on lots larger than 6,000 square feet having the ability to build additional units (i.e.
9,000 sq. ft. lots allowing 3 units).
PAGE 27
CITY COUNCIL MINUTES
January 11, 2000
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Addendum Negative Declaration 1614-99.
RESOLUTION NO. 9205
A Resolution of the City Council of the City of Orange upholding the recommendation of the
Planning Commission and approving the General Plan reclassification of property generally
located on the south side of East Culver Avenue between Shaffer Street and Cambridge Street
from Low-Medium Density Residential to Low-Density Residential.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9205.
ORDINANCE NO. 1-00
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property located on the south side of East
Culver Avenue between Shaffer Street and Cambridge Street from R-2-6 to R-I-6. Zone Change
1201-99, Ordinance Amendment 6-99
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 1-00 be read by title only and same was set for second reading by the
preceding vote.
13.2 2000 EDITION OF THE STANDARD SPECIFICATIONS OF PUBLIC WORKS
CONSTRUCTION (A2500.0 Public Works) Tape 2737
Time set for a public hearing on petition by the City of Orange to consider a proposed ordinance
of the City Council amending Chapter 12.02 of the Orange Municipal Code adopting the 2000
Edition of the Standard Specifications for Public Works Construction (commonly referred to as
the Green Book) prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Southern California Districts of the Associated General
Contractors of California for all public works construction undertaken within the jurisdiction of
the City of Orange.
PAGE 28
CITY COUNCIL MINUTES
January 11, 2000
13. PUBLIC HEARINGS (Continued)
The Director of Public Works presented the report.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 27-99
An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the Orange
Municipal Code to adopt the 2000 Edition of the Standard Specifications for Public Works
Construction.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 27-99 be read by title only and same was approved and adopted by
the preceding vote.
14. PLANNING AND ENVIRONMENT
15. ADJOURNMENT
THE: CITY COUNCIL RECESSED TO CLOSED SESSION AT 9:45 P.M. AND RECONVENED FROM
CLOSED SESSION AT 10:20 P.M. THE CITY ATTORNEY MADE THE FOLLOWING
ANNOUNCEMENT:
The City Council authorized the City Attorney to file an amicus brief in the case of People v. Jeff
Hanlbarian in relation to the motion to recuse the District Attorney's office, should the City
Attorney decide that such is in the best long term interests of the City.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 10:20 p.m. in memory of Robert "Bob" Brown, Retired Battalion
Chief of the Orange Fire Department.
&4""'OA-'~ (l ~ k<X
CASSANDRA J. HCART, CMC
CITYCLE
JOANNE COONTZ
MAYOR
PAGE 29