6/27/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON JULY 11, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 27,2000
The City Council of the City of Orange, California convened on June 27, 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
Stan Vandenburg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Spurgeon
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
The following employees were recognized with Service Awards: (C2500J.4.18)
Jose Avila -Police; Tina Dunneback - Police; Michele Hayes - Police;
Armando Plascencia - Police; Mike Cruz - Community Services;
Al Medina - Finance; Violet Berg - Community Services;
Christine Schoenkopf - Police; Sherrill Stone - Police; Chuck Tuggle - Fire;
Steve Booze - Police; Toni Gray - Police; Kevin Kelso - Fire;
Jose Maciel-Public Works; Greg Soliz - Community Services
A Proclamation honoring "Christmas in April Serving Orange County" was presented to
Greg Jacobson, Executive Director, who presented the City with a plaque.
Mayor Coontz announced:
Leadership Orange Class of 2000 graduated on June 21 ". Their project was to build a
recreation room for residents at House of Hope.
Veterans Memorial Groundbreaking took place on Flag Day, June 14th at Depot Park.
Over 125 people were in attendance to honor our great Flag and to commemorate the start
of the construction of the long awaited Veterans Memorial. The Veterans Committee has
been working hard to collect donations for the Memorial. Donations can be mailed to:
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CITY COUNCIL MINUTES
June 27,2000
Veterans Memorial, 300 E. Chapman Avenue, Orange, CA 92866.
1.4 PRESENTATIONS/ANNOUNCEMENTSIINTRODUCTIONS (Continued)
Rebecca Martin, Miss Orange 2000, is competing in the preliminaries in Fresno for the
Miss California pageant. The pageant will be held Saturday, July 1 ".
Sunday, July 2nd is Independence Sunday, which is sponsored by the Downtown Orange
Business and Professional Association to help put everyone in a patriotic mood. Come
down to tbe Plaza from I :00 to 4:00 p.m. and enjoy music and special events to
commemorate our Country's birthday. The Plaza has been decorated with red, white and
blue in honor ofthe Fourth ofJuly.
Uncle Sam's third of July event - Independence Day - will take place Monday, July 3'd
from 4:00 to 9:00 at Fred Kelly Stadium. For $4.00 a person, there will be food, music,
games and lots of family fun, followed by fireworks in the evening. Fireworks start at
about 8:15.
The first concert of the Millenium Summer Concert Series opens on Wednesday, July 12th
at Hart Park at 7:00 p.m. tbe Orange Symphonic Band will be the opener in the weekly
series that runs through August 9th.
Councilman Murphy announced he attended the Ethics in America Awards luncheon
earlier that day. The Orange Chamber of Commerce nominated Dave Wilson, owner of
Wilson Automotive, as recipient of the award; and congratulated Dave Wilson.
Councilman Alvarez announced tbat he had a chance to ride with tbe Orange Police Bike
Patrol that past Saturday; and thanked the Police Chief and Bike Patrol for this great
opportunity.
2. PUBLIC COMMENTS
Mark Burkhardt, address on file, expressed concern about the proposed traffic signals at
the intersections of Prospect and Palmyra and Prospect and LaVeta. He does not feel the
signals are needed at these two locations and asked why the residents in the McPherson
School area were not notified of this proposal.
Nate Wisely, 215 S. Dunas, spoke in opposition to the proposed traffic signal at Prospect
and Palmyra and requested he be notified if tbis is discussed.
Mayor Coontz asked tbe City Manager to follow through with these concerns.
Alec Ortlieb, 243 Calle Grande, again requested the signage problem along East
Chapman be placed on a Council Agenda for discussion and asked about redevelopment
along East Chapman.
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2. PUBLIC COMMENTS (Continued)
The City Manager stated that once tbe report is complete, it will be brought back to the
City Council and Mr. Ortlieb will be notified.
Mayor Coontz pointed out that there can be confusion between what redevelopment
means and what Sign Ordinance changes mean; that it is a matter of understanding the
terminology.
Barbara DeBoom, Orange Chamber of Commerce, announced tbe 2002 State Bowling
Championships will be coming to Orange from April to July in 2002. The Doubletree
Hotel will be the host hotel; and this will mean thousands of visitors to Orange.
Carole Walters, address on file, requested that a tree in her parkway be removed as the
roots are tearing up her neighbor's yard; stated tbat she heard tbe City wants to open an
extension of Walnut which would mean more traffic down that street; and concerned that
the City may want to build on a lot on Clinton Street.
The City Manager stated he had received information on removing the tree, and that ,ill
appeal was filed to save the tree. He is working with staff to put this through the Street
Tree Appeals Committee.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member ofthe City
Council, staff or the public may request an item be removed from tbe Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of an adjourned regular meeting at 3:30 p.m. and the regular meeting of
June 27, 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.
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June 27, 2000
3. CONSENT CALENDAR (Continued)
3.2 Request Council Confirmation of warrant registers dated June 8 and 15, 2000.
ACTION:
Approved.
(REMOVED AND HEARD SEPARATELY)
3.3 Request approval of City Council Minutes, Regular Meeting June 13, 2000.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to July 11,2000.
3.4 Receive and file the City Treasurer's Report, period ending May 31, 2000.
ACTION:
Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.6 Amendment No.1 to Agreement No. C-9-9228 with Orange County Transportation
Authority (OCTA). (AZIOO AGR-3248.1)
SUMMARY: The City and OCTA have entered into Agreement No. C-9-9228 to
cooperatively prepare the environmental documents for the improvements at the SR-
57/SR-22/The City Drive Interchange. Amendment No.1 to this Agreement extends the
time of completion of these documents.
ACTION: Approved Amendment No.1 to Agreement No. C-9-9228 and authorized the
Mayor and City to execute on behalf of the City.
FISCAL IMPACT: None.
(REMOVED AND HEARD SEPARATELY)
3.7 Cooperative Agreement No. 12-407 with California Department of Transportation
(Caltrans) regarding upgraded landscaping at several interchanges along the SR-55
Freeway. (A2100 AGR-3558)
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June 27, 2000
3. CONSENT CALENDAR (Continued)
SUMMARY: In order to achieve a more aesthetically pleasing landscaping along the
SR-55 Freeway, after the completion of the current construction project, tbe City has
agreed to contribute financially an amount not-to-exceed $240,000 for upgraded
landscaping along several interchanges.
FISCAL IMPACT: There is $250,000 appropriated in Account No. 910-5011-483100-
3810 for this activity.
Mayor Coontz announced the City has been working towards this cooperative agreement
with Caltrans for upgraded landscaping at freeway interchanges all along the 55 Freeway.
This has come out of discussions that she and Councilman Slater have had witb Caltrans.
In response to a question from Councilman Alvarez, Harry Thomas indicated that the
plans showing the upgraded landscaping are available for review
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Caltrans Cooperative Agreement No. 12-407 and authorize the Mayor
and City Clerk to execute on behalf of the City.
3.8 Amendment to the Information Services Partnering Agreement with Affiliated
Computer Services ("ACS") to increase the level of on-site information technology
support. (A2100 AGR-0978.B.6)
NOTE: Councilman Murphy abstained due to a business conflict.
SUMMARY: The City contracts witb ACS for network administration and information
technology support witb the specific services identified in a four-year, performance-based
agreement As a result of an expansion of the network infrastructure, an amendment of
the agreement is desired to provide additional IT support.
ACTION: Approved the amendment in the amount of$92,380.00 to the Information
Services Partnering Agreement with Affiliated Computer Services (ACS) and autborized
the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are budgeted in the FY 1999-00 MIS budget and
upcoming FY 2000-01 MIS budget for the expanded level of service in account 780-
1601-426700 (MIS - Contractual Services).
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3. CONSENT CALENDAR (Continued)
3.9 Agreement between the City and Orange Elderly Services, Inc. (A2100 AGR-0974.P)
SUMMARY: Approval of annual agreEment in the amount of $249,000 between the
City and Orange Elderly Services, Inc., for the operation of senior programs during the
2000-2001 fiscal year. The City has increased the contract amount by $38,000 to fund
increased operational costs.
ACTION: Approved tbe agreement for FY 2000/01 with Orange Elderly Services, Inc.,
to provide services for senior citizens in Orange in the amount of $249,000; and
authorized the Mayor and City Clerk to execute the Agreement on behalf of the City.
FISCAL IMPACT: Sufficient funds are budgeted for FY 2000-2001 in Account 100-
7041-426700 (Contractual Services): $249,000
3.10 Agreement between the City of Orange and the Orange County Bar Foundation,
Inc. for provision of Juvenile Diversion Services. (A2100 AGR-359)
SUMMARY: The Orange Police Department Juvenile Diversion Program is an
alternative to formal processing of juvenile offenders who have exhibited personal or
family needs, which might better be rectified by intervention at the local level. Services
include: individual, small group, and family counseling; community service; restitution;
employment referrals; educational workshops; and other individualized responses to
specific problems.
ACTION: Approved the Agreement between the City of Orange and the Orange County
Bar Foundation, Inc. to provide Juvenile Diversion Services in the amount of$74,700;
and authorized the Mayor and the City Clerk to execute the Agreement on behalf of the
City.
FISCAL IMP ACT: There are sufficient funds budgeted for Fiscal Year 2000-2001 in
account number 100-4032-427800-1335 (General Fund-Gangs-Other Contractual
Services-Graffiti Removal Program).
3.11 Approval of second amendment to Consultant Agreement with I. T. Corporation
and request for appropriation of $30,000 from General Fund Unappropriated
Reserves for Yorba Park methane gas monitoring. (A2100 AGR-3139.2)
NOTE: Mayor pro tem Spurgeon abstained due to an employment conflict.
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
SUMMARY: The County of Orange Local Enforcement Agency (LEA), has required the
City of Orange to monitor metbane gas generated from the closed Yorba Landfill located
at Yorba Park. Costs to provide tbe required weekly monitoring through December 2000,
are estimated to be $30,000.
ACTION: Approved Amendment No.2 to Agreement No. 3139 witb 1. T. Corporation;
and approved an appropriation of $30,000 from General Fund Unappropriated Reserves
to Account 500-5011-426700-3051 (Capital Projects) for monitoring.
FISCAL IMPACT: This project would require the appropriation of Unappropriated
General Fund Reserves, in tbe amount of$30,000.
BIDS
3.12 Project SP-3311 - Approval of plans and specifications and request for
authorization to advertise for bids for the Woodwind Avenue Storm Drain and Deep
Spring Road Sidewalk Access to Santiago Hills Park. (C2500.M.17)
SUMMARY: Plans and specifications have been completed for the Woodwind Avenue
Storm Drain and Deep Spring Road Sidewalk Access to Santiago Hills Park
Improvements. The project is ready to be advertised for bids. The estimated construction
cost is $75,085.00.
ACTION: Approved plans and specifications and authorized advertising for bids for tbe
Woodwind A venue Storm Drain and Deep Spring Road sidewalk access to Santiago Hills
Park.
FISCAL IMP ACT: Funding for this project will be provided through Assessment
District 86-1 Maintenance and Improvement Project Funds. Funds will be available in
Account No. 590-5013-483400-5338 and 590-5013-426700 as of Fiscal Year 2000/01.
3.13 Contract Change Order No.1; Bid No. 990-24; Project No. S-192, Batavia, Grove,
GlasselI Street Sewer Improvements. (A2100.0 AGR-3500)
SUMMARY: Orange County Sanitation District (OCSD) requested a change to the
permit issued by OCSD that increased the cost oftbe proposed sewer improvements. The
original contract cost is $1,066,758.00. The Change Order will increase construction cost
by $46,354 to $1,113,112. OCSD will reimburse tbe City $45,000.00 for improvements
made to its sewer system.
ACTION: Approved a Contract Change Order No. I in the amount of$46,354 to 1FT
Pipeline Engineers for the revisions made to the plan.
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3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted or are available in tbe following account: 520-
5011-483200-5546 $46,354 (Sewer Improvements).
3.14 Award of Bid No. 990-44 for the Corporation Yard Office Remodel (AZ100 AGR
3561)
SUMMARY: The Corporation Yard Office Remodel will reconfigure the Public Works
Maintenance Division offices into one centralized location to increase productivity.
ACTION: Awarded Bid No. 990-44 to JK Construction of Laguna Niguel, CA in the
amount of$31,495; and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: Funds are budgeted and available in the following accounts:
$19,000.- Account #100-5031-471200, Transportation Building and Improvements
$12,495.- Account #273-5032-427100, Traffic Operations Services.
3.15 Award of Bid No. 990-41 for Santa Fe Depot Park Improvements (AZIOO AGR 3560)
SUMMARY: It is recommended to award Bid 990-41 to Hondo Company, Inc. in the
amount of$223,116 for the construction improvements of the Millennium Clock and
Veterans Memorial Fountain at Santa Fe Depot Park. The project budget requires a
transfer in the amount of$78,326 from Capital Projects Fund (100) unappropriated
reserves to sufficiently fund the construction improvements and contingencies..
ACTION: Approved the award of Bid No. 990-41 to Hondo Company, Inc. in the
amount of$223,116; 2); approved a transfer in the amount of$78,326 from General
Fund (100) unappropriated reserves to the Santa Fe Depot Park Improvements Account,
500-7021-481200-0970; 3); and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: After the fund transfer is executed, sufficient funds will exist to fund
this project is the following account: 500-7021-481200-0970; Santa Fe Depot Park
Improvements; $ 243,116.
CLAIMS
3.16 The City Attorney recommends that the Orange City Council deny the following
Claim(s) and Claim for damages: (C3200.0)
a. Parvin Mofid
b. Margery Voyer Cole
c. Jessica Gayle Bowen
d. Aleta Angelina Flor
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.17 Approve a new contract with William M. Mercer, Incorporated, insurance broker,
effective July 1, 2000 for assisting the City with the analysis of the Public
Employees' Retirement System 3% @ 50 cost impact for safety employees.
(A2100 AGR 3562)
SUMMARY: The City requested a written proposal from William M. Mercer,
Incorporated to conduct a study of projected City contributions to improve public safety
employees' retirement benefits.
ACTION: Approved tbe contract with William M. Mercer Incorporated, for the purpose
of evaluating the financial implications to the City and/or affected employees' if the City
implements the 3% @ 50 formula for safety employees.
FISCAL IMPACT: The fiscal impact for the PERS analysis is $10,500.00, to be funded
by the Police Department budget Account No. 100-4011-426700.
RATIFICATION OF DECLARATION OF EMERGENCY
3.18 Review the need to continue the installation of a methane gas control system at
Yorba Park in response to an emergency. (C2500.M.4.1)
ACTION: Approved.
3.19 City's response to the Superior Court regarding the Orange County Grand Jury's
report entitled "The Rainy Season's 'First Flush' Hits the Harbors of Orange
County". (C2500.M.17)
SUMMARY: The City has been requested by Presiding Judge of the Superior Court to
provide a response to each of four findings and recommendations contained in the above
referenced report by August 17,2000. A response is required pursuant to Penal Code
Section 933 et al.
ACTION: Authorized the City Manager to respond to the Presiding Judge oftbe
Superior Court regarding City NPDES activities as requested pursuant to Penal Code
Section 933 et seq.; and autborized the City Manager to also provide a copy of the City's
response to tbe Orange County Grand Jury as requested by the Superior Court pursuant to
Penal Code Section 933 et al.
FISCAL IMPACT: None. However, future financial impacts relating to NPDES are
unknown at present but could be substantial.
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3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.20 RESOLUTION NO. 9289 (A2100 AGR 3563)
A Resolution of the City Council of the City of Orange summarily vacating a portion of
the west side of Hewes Street, north of Adobe Way and adjacent to Orange County Water
District property.
ACTION: Approved; and authorized the Mayor and City Clerk to execute a Quitclaim
Deed to Orange County Water District covering the property described in Resolution No.
9289; and authorized the City Manager to execute a Cooperative Agreement witb Orange
County Water District.
3.21 RESOLUTION NO. 9301 (S4000.S.4)
A Resolution of the City Council of tbe City of Orange temporarily closing sections of
public streets for block parties.
LOCATIONS: Adams Ave. between Wilson St and Hart St. on Tuesday, July 4,2000
from 1 :00 p.m. - 7:00 p.m.
Greengrove St. between Vista Del Playa Ave. and Glenwood St. on Tuesday, July 4,
2000 from 8:00 a.m. - 6:00 p.m.
1400 block ofN. Harwood St. from Trenton Ave. to the end ofthe cul-de-sac on
Tuesday, July 4, 2000 from 9:00 a.m. - 9:00 p.m.
Ivy Hill Lane from Maple Tree Dr. to the end of the cul-de-sac on Tuesday, July 4,2000
from 12:00 noon - 10:00 p.m.
Magnolia St. between Palm Ave. and Maple Ave. on Tuesday, July 4,2000 from
11 :00 a.m. - 9:00 p.m.
ACTION: Approved.
3.22 RESOLUTION NO. 9303 (C2300.E)
A Resolution of the City Council of the City of Orange concerning the status of the
Circulation Element for tbe City of Orange.
ACTION: Approved.
3.23 Amend the FY 1999-2000 Self-Insurance Dental Account by $34,150.00 to cover
additional expenses. (11200.0.3)
SUMMARY: Staff is seeking Council's authorization to approve a budget amendment to
pay the remaining invoices during FY 1999-2000 from Delta Dental Insurance Company.
Those increased costs are fully off-set by employee contributions.
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CITY COUNCIL MINUTES
June 27, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
FISCAL IMPACT: $34,150.00 from Unappropriated General Fund Reserves into
Account No. 752-1413-433400 (Self-Insurance Dental Account).
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item No. 3.3 was continued to July 11,2000. Item 3.7 was removed and heard
separately. Councilman Murphy abstained on Item 3.8. Councilman Spurgeon abstained
on Item 3.11.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ - None.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilman Alvarez - Recommended Action - Place temporary stop signs at Hart
and Hamilton Streets. (S4000.S.3)
The Council asked that Item 7.1, which is a report on tbis same subject, be given from the Public
Works Director at this time.
Harry Thomas, Public Works Director, reported with the closure oftbe Collins Avenue bridge,
other streets in the Walnut/Collins area are being used as alternative routes, specifically Handy
and Hart being used for north and southbound traffic. As a result, there has been an increase in
traffic volumes, causing concern among a few area residents on Hart Street.
Staff conducted a traffic study in the area and found an increase of about 700-800 vehicles per
day along Hart Street, for a total of about 2,700 cars per day. However, tbe speed profile on the
street has not changed significantly since the bridge closure. Speed surveys indicate average
speeds of30 to 33 MPH. Also, tbe increase in traffic volumes is concentrated during the
morning and evening hours.
Staff found that even with tbe increase in traffic volumes, unsafe traffic conditions do not
necessarily exist, and does not recommend any changes in traffic patters for this area. Staff will
keep monitoring traffic conditions and the Police Department will maintain a heightened
presence in the area to encourage compliance with neighborhood traffic regulations.
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CITY COUNCIL MINUTES
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5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Coontz stated she had received a call on the Mayor's Hotline complaining about the
Police vehicle parked on Hart Street. She also asked if "California stops" were included in
calculating traffic violations.
Mr. Thomas indicated "California stops" were actually considered acceptable for this particular
study.
Sergeant Bob Green, Orange Police Traffic Division, explained that on two separate days in tbe
last two weeks, an unmanned patrol car had been parked on Hart Street as a deterrent. The
Police Department is maintaining a high visibility in tbat area, using both motor officers and
patrol cars, and using radar trailers. Since closing tbe Collins bridge, they have issued 7 citations
_ I for a STOP sign violation and 6 for speed. The speed violations were at least 15 MPH over
the limit. They have also issued 10 to 12 warnings for speeds in the 37-38 MPH range.
Councilman Slater stated he would have to abstain from discussion on this subject due to a
conflict of interest, as he recently sold two properties in the area; and left the dais.
Councilman Alvarez stated he brought tbis before the Council because residents in tbe area were
concerned about the increase in traffic and the safety of children. The 55 Freeway construction
has created an unusual situation - which is hopefully temporary - and thanked the Public Works
Department for the traffic study and the Police Department for their increased presence in the
area.
The following people spoke in opposition to the placement of a temporary STOP sign on Hart
Street:
Travis Boznan, 610 N. Hart
Jill Kester, 600 N. Hart (submitted a petition with approximately 10 signatures also in
opposition to tbe STOP sign)
Karen Eame, 643 N. Hart
Pat Miller, 629 H. Hart
The following people spoke in support ofthe placement of a temporary STOP sign on Hart
Street:
Carol Perry, address on file (submitted a letter written by her daughter Kendra in support of a
STOP sign - read by the City Clerk)
Councilman Alvarez stated that after listening to staff and the neighbors, the Police seem to be
having an affect witb their increased presence; and asked tbat they continue their efforts until
traffic subsides or a more permanent solution is found.
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CITY COUNCIL MINUTES
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5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilman Murphy stated the City is going to have temporary traffic situations in
neighborhoods for the next couple of years due to the freeway construction; and we need to learn
from tbis area when tbe next neighborhood is impacted. He mentioned the traffic problems
created in the Adams Street area and tbat sometimes traffic deterrents can create other problems;
and also felt the Police Department presence was of great benefit to the area.
Mayor Coontz also mentioned the Adams Street traffic problems and that in some people's minds
it was never really solved; and that some ongoing traffic problems are created because oftbe
lengtb of through streets in tbe City. These types of traffic problems will be ongoing because of
the Caltrans work along the 55 Freeway and will extend from one neighborhood to anotber.
She asked tbe Police Department for clarification on tbe location ofthe unmanned patrol car.
Sergeant Bob Green explained that it has only been there two days and that it is parked at mid-
block where cars seem to reach peak speeds, but will be moved to different locations so that it
does not lose its effectiveness.
Mayor pro tem Spurgeon concurred that the Police presence is of benefit and staff should
continue to study the traffic in this general area. He suggested tbat perhaps lowering tbe
threshold from giving traffic warnings to citations could be useful.
Mayor Coontz asked if those citizens receiving traffic warnings were from the immediate area.
Sergeant Green stated that approximately half of them were.
MOTION - Alvarez
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater
Moved to receive and file the report on Traffic Conditions on Hart Street.
MOTION - Alvarez
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater
Moved to continue the monitoring done by tbe Public Works staff to see if any thresholds are
met in tbe future; support the action by the Police Department of the creative enforcement being
done at this time; and if there is any cost that might be generated from that, Council is to be
notified through the City Manager's Office.
Councilman Slater returned to dais.
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CITY COUNCIL MINUTES
June 27, 2000
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 As requested by Councilman Alvarez, the Department of Public Works has
prepared a report regarding the traffic conditions on Hart Street between Collins and
Walnut Avenue.
(See Item 5.1 for discussion)
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 12-00 (SECOND READING) (Z1500.0 ZCG 1202-99)
An Ordinance of the City Council of the City of Orange amending Section 17.06.030 of the
Orange Municipal Code and approving the pre-zone classification to R-2-6 of a portion of
property located at 1001 East Lincoln Avenue in the County of Orange.
Pre-Zone Change 1202-99, Applicant: North Orange Christian Church
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 12-00 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 13-00 (SECOND READING) (Z1500.0 ZCG 1203-99)
An Ordinance of tbe City Council of tbe City of Orange approving a zone change request to
modify regulations for Residential Development Areas (DA) 2 and 4 in the Serrano Heights
Specific Plan.
Zone Change 1203-99 - Sun Cal Companies
MOTION - Alvarez
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 13-00 be read by title only and same was approved and adopted by
the preceding vote.
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June 27, 2000
9. LEGAL AFFAIRS (Continued)
9.3 ORDINANCE NO. 14-00 (FIRST READING) (A2500 Old Towne Design Standards)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and tbe Historic Preservation Design Standards for Old Towne to address minor
inconsistencies, make minor modifications and clarify certain sections.
Ordinance Amendment 2-00
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 14-00 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 5:45 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation: NOTE: The two items listed were not discussed.
Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No. 78 02 84
Theodore Hopson and Angel Hopson v. City of Orange, et aI., Orange County Superior Court
Case No. 81 4636
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the need to take action arose after the posting of tbe Agenda.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to add the following to Closed Session: Jones vs. City of Orange and Robertson vs. City
of Orange.
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
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CITY COUNCIL MINUTES
June 27, 2000
7:00 P.M. SESSION
PRESENTATIONS -
The Orange High School Concert Choir Chamber Singers, led by Vocal Music Director Mike
Short, gave a presentation of songs from tbeir upcoming tour. Mr. Short reported the choir will
be leaving for a European summer tour and will be singing in major cathedrals. They have raised
approximately $254, 000 for this tour and are still in need of approximately $10,000 for
expenses. Donations can be made through Orange High School.
12. PUBLIC COMMENTS
Carole Walters, address on file, reported she had learned it was Councilman Slater who was
appealing the decision to remove the tree from her neighborhood. She submitted pictures of the
tree and tbe yard where it is causing damage.
Councilman Slater reported he had looked at the tree and, in his opinion, saw it is a very healthy
tree. There is an appeal process in place at the City and felt that before any final decision is made
to remove a tree like tbis, that it should go through the process and be looked at from every
aspect.
13. PUBLIC HEARINGS
13.1 APPEAL NO. 476, ADMINISTRATIVE ADJUSTMENT 00-05,
APPELLANT: PULTE HOME CORPORATION: (A4000 APP-476)
Tape 3000
Time set for a public hearing to consider Appeal No. 476 by Pulte Home Corporation concerning
the Planning Commission's denial of Administrative Adjustment 00-05 to reduce City
requirements for front yards to 16 feet on 13 percent of all lots, and a rear yard area requirement
to 810 square foot on 4 percent of all lots. The property is located east of Serrano Avenue and
Orange Park Boulevard, west of Serrano Avenue and Nohl Ranch Road. NOTE: This project is
categorically exempt from the provisions of the California Environmental Quality Act.
APPELLANT'S REASONS FOR THE APPEAL: "Appellant believes tbe request is an
enhancement to the project aesthetics by adding articulation to the building design and seeks a
final determination ofthe administrative adjustment."
The Planner Manager reported Pulte Homes purchased 139 parcels in the Serrano Heights
Development Area 7 and has submitted a proposal that includes six different models. Each
parcel is required to provide a 20 foot front yard setback. The applicant's architect had
incorrectly assumed that covered porches would be considered architectural trim; and tbus,
exempt form the front yard setback requirement. Therefore, they are requesting a deviation from
the front yard setback code standards on 17 homes. (The applicant had originally requested a
reduction in tbe rear yard open space area as well, but has withdrawn that request.)
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CITY COUNCIL MINUTES
June 27,2000
13. PUBLIC HEARINGS (Continued)
The front yard encroachment occurs with only 1 of the 6 model plans, which impacts a total of
17 of the proposed home sites. The model in question includes a front porch that extends into
the required 20 foot setback between 1.5 and 4 feet. This model has a long driveway with the
garage located near the back of house. While initially opposed to any adjustments, staff felt this
deep driveway is a trade off and a "design direction" tbey would like to see pursued.
The Planning Commission considered this request for an Administrative Adjustment and
although generally in favor ofthe front porch elevation, some oftbe Commissioners were
disappointed with the proposed reduction in required setbacks. The Commission voted two in
favor and two against - failing for lack of a majority vote.
Mayor Coontz reported Council had received a letter dated June 26, 2000 from Frank Elfend, on
behalf of Pulte Homes, regarding this appeal.
Councilman Alvarez asked if the setback information was public information so tbat when the
applicant designed tbese homes they were aware ofthe fact they were not meeting tbe
requirements and were not denied any information; asked ifit was possible to move tbis
particular model back on the lots; and asked if any other exceptions of tbis type were granted in
other parts oftbe City.
The Planning Manager reported front porches are not specifically discussed in the Serrano
Heights Specific Plan, but it is fairly clear on requirements; and that all information was
provided to the applicant. Originally, 70% of the homes did not meet front or rear setback
requirements but the applicant has made a lot of adjustments to fit them onto the lots, and now
there are only 17 homes which require this adjustment. It was not possible to move the homes
back on the lots any further. He reported that 20 feet is the City standard setback for R -1-6
zoning and that these homes actually meet the standard for 90% of single family homes and
exceed the standard for smaller projects.
Mayor Coontz asked about the trade-offs of this request; the Administrative Adjustment process;
and pointed out tbe Council has approved adjustments in the past. She also asked for a
chronology of events for this application.
The Planning Manager indicated Administrative Adjustments are considered minor actions and
only small deviations from City standards. He asked tbat tbe applicant provide a chronology of
the application.
Councilman Spurgeon asked about the setbacks on the original Santiago Hills I development.
The Planning Manager stated the front yard setbacks on tbose homes varied from 20 feet down
to 3 feet. The garages in this project are at a minimum 20 foot setback.
MAYOR COONTZ OPENED THE PUBLIC HEARING
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CITY COUNCIL MINUTES
June 27, 2000
13. PUBLIC HEARINGS (Continued)
APPELLANT: Frank Elfend, 18101 Von Karman Avenue, Irvine, reported that this is not a
very substantial request, that it only affects 13% of the proposed homes. There was a request to
reduce the rear yard open space area in the original application, but that request has been
witbdrawn. When this project was designed, the architect incorrectly assumed tbat a porch was
considered architectural trim and not considered part of the front setback. This porch is a
design feature and an enhancement to the project that they won't be able to have without this
adjustment. The trade-offs of this request include an increase in lot size, lower density and
larger homes.
Mayor Coontz asked about the discrepancy from the original document which states 18 homes
require the adjustment and his June 26th letter which states 17 homes; and the lengtb of the
driveways.
Mr. Elfend explained there was an error made on a map and the request is for 17 homes; and the
length of the driveways have not changed, it is still at 20 feet.
Councilman Alvarez asked why, ifthere are 6 different models, anotber model isn't used that
would meet tbe code.
Mr. Elfend explained the applicant tbought this particular model met the code requirement, not
realizing the porch would create the setback problem.
Shirley Grindle, address on file, stated she was originally opposed to this because it included a
request to reduce the rear yard open space, but this part ofthe request had been dropped; and
although not pleased with the development in general, thought the architectural feature ofthe
model was probably a slight improvement over what she considers two-story boxes built on
small lots. This isn't the only model with porches; and since 50% of the 17 lots are not set back,
they're only 1.5 to 2 feet, she suggested this be a condition for approval, ifthe Council decides to
approve this request. She is not recommending approval or denial.
Mr. Elfend pointed out the garages in this particular model are in the rear portion of the lots and
felt the community would appreciate the architectural design oftbe rear garages and front
porches.
MAYOR COONTZ CLOSED THE PUBLIC HEARING
Councilman Alvarez asked staff if there would be any benefits given to the applicant that have
not been given to other builders.
The Planning Manager indicated Council has approved other Administrative Adjustments and
that there would be no benefits given that have not been given to other developers.
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CITY COUNCIL MINUTES
June 27, 2000
13. PUBLIC HEARINGS (Continued)
Mayor Coontz pointed out the Tentative Tract was approved in February oftbis year, and it
seemed this issue arose when more specific details ofthe tract map were developed.
Councilman Murphy stated he felt the benefits outweighed tbe negatives in terms of granting an
Administrative Adjustment. The staff report clearly points out tbat this particular model will
contribute to the architecture and mass reduction ofthe development and is a design that staff
would like to encourage. He pointed out the 20 foot setback requirement is tbere to ensure the
use of front yard space, and that a front porch is still considered outside space and actually
encourages the use of a front yard. This is a small adjustment and contributes more to the
project tban the loss of a couple of feet.
Mayor Coontz agreed it looks better to move garages to the rear part of the lot; and that tbey
have learned a lot from other developments and other problems.
Councilman Slater felt this request was a minor adjustment and appreciated the front porch
element to the home. He also complimented the developer in building a single story model. He
can support this adjustment only because the original request to reduce the rear yard open space
had been withdrawn.
Councilman Spurgeon agreed this was a minor adjustment and the addition of a front porch will
encourage the use of tbe front yard.
MOTION - Spurgeon
SECOND - Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
NOES - Alvarez
Moved to find the project is categorically exempt from the provisions of the California
Environmental Quality Act, per State CEQA Guidelines Section 15301.
MOTION - Spurgeon
SECOND - Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
NOES - Alvarez
Moved to uphold Appeal No. 476 and approve Administrative Adjustment 00-05.
Councilman Alvarez' reason for voting NO was that the architect knew what tbe boundaries and
the setback requirements were and basically ignored tbem; and tbere are five other models the
developer could choose for these lots that would meet the code requirement.
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CITY COUNCIL MINUTES
June 27,2000
13. PUBLIC HEARINGS (Continued)
13.2 CONDITIONAL USE PERMIT NO. 2328-00, RANDY AND ANN HARRIS: (C3300
CUP 2328)
Time set for a public hearing on petition by Randy and Ann Harris to consider Conditional Use
Permit No. 2328-00 to allow tbe construction of an accessory second housing unit in conjunction
witb the construction of a new residence located at 1802 N. Kimbark Lane. NOTE: This project
is categorically exempt from tbe provisions of the California Environmental Quality Act.
The Planner Manager reported the applicants are proposing to construct an accessory second
housing unit of approximately 525 square feet in conjunction with their new principal residence;
and that it meets all City criteria. The design of this particular unit is integrated into the design
of the principal residence.
Mayor Coontz stated accessory units have definitely changed over time and asked if this
particular unit includes a bedroom and kitchen. The Planning Manger stated it does include a
bedroom, kitchen, bathroom and living room and also includes a separate two-car garage.
. Council Spurgeon asked if a similar request had been approved on this street. The Planning
Manager indicated another accessory unit had been approved just a couple of houses down; and
that this was a very similar request. It is a relatively new street and this is the last remaining one
acre lot.
Mayor Coontz asked if this was originally a larger lot that had been divided several years ago; to
which the Planning Manager indicated that it had.
Councilman Alvarez asked about the setback from the primary house. The Planning Manager
indicated an accessory unit can be attached or detached. There is a covered patio that connects
these two particular residences.
Councilman Murphy pointed out there is an 8 foot minimum requirement if detached.
MAYOR COONTZ OPENED THE PUBLIC HEARING
Tape 4260
Tommy Walker, 992 Windes Drive, inquired about the drainage on this property as
approximately 30 feet of dirt had been brought in.
The applicant was not present at the hearing.
MAYOR COONTZ CLOSED THE PUBLIC HEARING
The Council discussed tbe need to continue this hearing since the applicant was not present.
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CITY COUNCIL MINUTES
June 27, 2000
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue Conditional Use Permit 2328-00 to August 22, 2000 at 7:00 p.m.
13.3 PROPOSED WATER RATE ADJUSTMENT, CITY OF ORANGE: (C2500.J.1.0.1)
Time set for a public hearing to consider the City's consultant Hilton Farnkopf & Hobson's
Water Rate Study. The study goal was to develop rates that will ensure revenues match
expenditures, establish rate equity between customer groups and promote water conservation.
The City Manager recommended this item be removed from the Agenda for further study.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to remove this item from Agenda.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 8:00 p.m. to an Adjourned Regular Meeting, Tuesday, July 11,
2000 at 3:30 p.m. in Conference Room C to discuss the Santiago Hills II Project.
C1A-O~~A~
CASS J. CATHCART
CITY CLERK
JOANNE COONT
MAYOR
PAGE 21