12-14-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON JANUARY 11,2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING December 14, 1999
The City Council of the City of Orange, California convened on December 14, 1999 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Pastor Steve Beckham, Our Savior's Lutheran 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
Tape 176
Orange County Transportation Authority (OCTA) presented the CalTrans Cone Kid, their
construction safety mascot and gave a brief update on the SR-55 North Improvement
Project Public Awareness Campaign. Cone Kid's mission is to visit schools and educate
children on the importance of safety in construction areas. More information about the
project or other freeway projects in Orange County can be obtained by calling the
Transportation Hotline toll free number, (800)724-0353. Mayor Coontz indicated she
and Councilman Slater meet with the CalTrans Outreach Group and Orange County
Transportation Authority on a monthly basis. (S3500.A.I0)
Employee Recognition Service Awards were presented by the City Manager to Harry
Thomas, David Barnes, Darren Beltran, Frank Sun (Public Works), and Helga Johnson
(Police). (C2500.JA.18)
Certificates for their courageous efforts in handling a critical emergency situation
involving a car accident which occurred on October 31, 1999 were presented to the
following citizens: Dolores Bernal, Al Herrera, Sean Ley, Christian Harris, Jason Stark,
Rory Moore, Jeffrey Clody, and David Hauser.
The City Manager thanked City employees Irma Hernandez and Cindy Mahon for
spearheading the United Way City Team in its fundraising activities and recognized the
accomplishments of the City of Orange Employee 1999 United Way giving campaign.
The City Manager, on behalf of the City employees, presented a check in the amount of
PAGE 1
CITY COUNCIL MINUTES
December 14, 1999
$1,193 to Lestonnac Free Clinic and Orange Children and Parents Together, both United
Way Agencies in the City of Orange. (ORI800.0.3.15)
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Ava Matthews of the Orange County G!and Jury reported on the grand jury recruitment
process for 2000-2001. Applications are being accepted through January 30, 2000.
(OC1300.0)
Mayor Coontz reported that approximately 5,000 people attended the Fourth Annual Tree
Lighting Ceremony and Candlelight Choir Procession held on December 5, 1999. The
program was led by Mike Short, Music Director at Orange High School. Three churches,
two high schools, a community choir and the Westminster Bell Choir participated in the
event. Supervisor Spitzer and Congressman Cox attended the event.
Mayor Coontz, on behalf of the City Council, extended wishes for a Merry Christmas and
Happy Holidays to the community.
2.
PUBLIC COMMENTS
Tape 920
Barbara DeNiro, (address on file), expressed concern with the appearance of the new
Kragen Auto being built at the corner of Tustin and Collins.
Chris Carter, 133 N. Grand Avenue, presented informational packets to Council asking
for their support and participation at a Orange Little League Baseball Clinic which will be
held on January 8th and 9th.
3.
CONSENT CALENDAR
Tape 1042
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of December 14, 1999 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated November 18 and 24, and
December 2 and 9, 1999.
ACTION:
Approved.
PAGE 2
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEP ARATEL Y)
3.3 Request approval of City Council Minutes, Regular Meeting, November 23, 1999.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to January 11,2000.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Reimbursement Utility Agreement with Caltrans for SR 55 Segment E Waterline
Relocations. (A2100.0 AGR-3412)
SUMMARY: The Mayor and City Council are requested to approve utility agreement
12-UT-595 for the reimbursement of relocation and construction of waterlines affected by
the State's freeway construction on the 55 Freeway Segment E freeway widening.
ACTION: Approved the utility agreement with the State for reimbursement of costs
associated with the relocation and construction of water facilities affected by the
proposed 55 Freeway Segment E widening, and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMP ACT: This agreement allows for reimbursement of up to $30,000 for the
City's portion of costs associated with the final construction and relocation of waterlines
affected by the proposed 55 Freeway Segment E freeway widening.
3.6 First Amendment to Attorney Services Agreement with the Law Firm of Palmieri,
Tyler, Wiener, Wilhelm & Waldron, LLP. (A2100.0 AGR-2794.A.l)
SUMMARY: The City currently has an Agreement with Palmieri, Tyler, Wiener,
Wilhelm & Waldron, LLP for an amount not to exceed $70,000 to provide legal services.
The Agreement has an effective date ending June 30, 1999 and the City has not yet
expended all funds (Account No. 100-0301-426100). The City Attorney is requesting
that the Agreement be extended to June 30, 2000 and increase the amount of the
agreement from $70,000 to $100,000.
ACTION: Approved and authorized the Mayor and City Clerk to execute an Amendment
to the Attorney Services Agreement between the City of Orange and Palmieri, Tyler,
Wiener, Wilhelm & Waldron, LLP.
PAGE 3
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Sufficient funds are available in Legal Services Account No. 100-
0301-426100.
3.7 Sewer Agreement: Request by Jeanette Norman, trustee of the Norman Jeanette
Trust, to connect her properties to City of Orange sewer. (A2100.0 AGR-3413)
SUMMARY: Jeanette Norman, owner of residential real property located at 16572,
16574 and 16582 Bixby Avenue in an unincorporated area of the County of Orange, has
requested to connect her house sewer laterals to the City sewer main in Bixby Avenue.
To comply with the City requirement prior to the sewer hook-up, she has executed a
sewer agreement with the City of Orange.
ACTION: Approved the connection request from Jeanette Norman and authorized the
Mayor and the City Clerk to execute the sewer agreement on behalf of the City.
FISCAL IMPACT: None. The County of Orange has posted the deposit as stated in item
3 of page 2 of the sewer agreement and paid all fees due for the sewer connections. The
property owner of record will pay a sewer charge as stated in item 2 of page 2 of the
sewer agreement.
3.8 Agreement with Orange County Youth and Family Services (OCYFS) to provide
Juvenile Diversion Services to City. (A2100.0 AGR-2470.D)
SUMMARY: City Council approval is requested to enter into an agreement in the
amount of $75,000 with Orange County Youth and Family Services (OCYFS).
ACTION: Approved and authorized the Mayor and City Clerk to execute the agreement
on behalf of the City.
FISCAL IMP ACT: Funds were appropriated as part of the Fiscal Year 99-00 Budget in
Account No. 100-4032-427800-1335 (Police-Gangs-Other Contractual Services-Graffiti
Removal). In addition, the City of Orange Police Department was awarded $3,000
through the FY 99-00 Community Development Block Grant funds for this program.
3.9 Cooperative agreement with the County of Orange to resurface those portions of
Spring Street from Esplanade to Rancho Santiago Blvd. which are in the City of
Orange. (A2100.0 AGR-3385)
SUMMARY: The County of Orange has a project to resurface various streets in the
County area in and around EI Modena. Spring Street from Esplanade to Rancho Santiago
is among those streets to be resurfaced. Portions of Spring Street are within the City of
Orange and are in need of resurfacing.
PAGE 4
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Authorized the Mayor and City Clerk to execute Agreement No. D99-044
with the County of Orange for the resurfacing of that portion of Spring Street between
Esplanade and Rancho Santiago Blvd. in the City of Orange.
FISCAL IMPACT: This project is estimated to cost $7,000. Funds are budgeted in
Account No. 262-5021-483300-3120 (Local Street Maintenance).
AWARD
3.10 Acknowledgement of an award to the City of Orange from the National Flood
Insurance Program for achieving a Class 9 Rating in the Community Rating
System. (C2500.M.17)
SUMMARY: The National Flood Insurance Program provides reasonably priced flood
insurance coverage to property owners in Communities that comply with minimum
standards for floodplain management. The Community Rating System recognizes
community efforts beyond the minimum standard by reducing flood insurance premiums.
The City has achieved a Class 9 Rating, which reduces insurance premiums to property
owners by 5%.
ACTION: Received and filed.
FISCAL IMPACT: None.
BIDS
3.11 Final Contract Change Order - R. J. Noble Company; Bid No. 990-04; Project No.
SP-3278; 1999-2000 Street Maintenance Project, Asphalt Concrete Overlay at
Various Locations. (A2100.0 AGR-3346)
SUMMARY: This Change Order will add three streets for asphalt concrete overlay as
part of the 1999-2000 Street Maintenance Program. The original contract cost is
$455,585.35. The Change Order will increase construction cost to $482,060.72. The
following streets are added:
Romelle Avenue from Y orba Street to Loretta Drive
Rosalind Drive from Romelle Avenue to end
Loretta Drive from Romelle Avenue to end
ACTION: Approved a Contract Change Order in the amount of $26,475.37 to R. J.
Noble Company for the additional quantities at contract unit prices.
FISCAL IMP ACT: Funds are budgeted and available in the following account: 262-
5021-483300-3120 $26,475.37 (Street Maintenance).
PAGE 5
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
CLAIMS
3.12 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages: (C3200.0)
a. Donald L. Haysbert
b. Nick Sanchez and Madeline Hansen
c. Diane Kay Thomas
d. State Compensation Insurance Fund
e. Michael Parnell
f. Wendell Stucker
FISCAL IMPACT: None.
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
NOTE: Councilman Slater abstained on Item No. 3.13 through 3.38 due to property
interests in Old Towne.
Discussion: Barbara DeNiro, (address on file), addressed Item Nos. 3.13 through 3.38.
Concern was expressed with the tax loss to the City over the ten year period of the
agreements. An explanation was requested on yearly maintenance costs being part of the
package. Were the estimates for repairs and rehabilitation made by licensed contractors
who provided bids or through some other means? What happens to the contract if
someone wants to sell their property prior to the ten years?
The Director of Community Development explained the total tax savings over a ten year
period is approximately $271,000, a small portion being of the City of Orange. In most
cases, the estimated amount for annual maintenance on each application is significantly
higher than the tax savings to be received. Applications are reviewed by staff to ensure
primary systems work is reinvested into the property and to ensure the work estimates are
within range. By state law the contracts are transferable from one owner to another.
3.13 Mills Act Contract #MAC-08.2-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3419)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term ofthis contract total $48,350. Location: 206 N. Pine Street.
PAGE 6
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $214.00
per year.
3.14 Mills Act Contract #MAC-I0.0-99 (Historic Property Preservation Agreement).
(AA2100.0 AGR-3420)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term ofthis contract total $41,900. Location: 273 N. Harwood Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $164.00
per year.
3.15 Mills Act Contract #MAC-21.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3387)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $55,840. Location: 559 E. VanBibber Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $110.00
per year.
3.16 Mills Act Contract #MAC-27.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3388)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $75,200. Location: 384 S. Orange Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
PAGE 7
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The estimated property tax loss to the City is approximately $91.00
per year.
3.17 Mills Act Contract #MAC-30.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3389)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term ofthis contract total $57,150. Location: 545 E. Palmyra Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMP ACT: The estimated property tax loss to the City is approximately $52.00
per year.
3.18 Mills Act Contract #MAC-32.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3390)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $47,625. Location: 139 N. Harwood Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $160.00
per year.
3.19 Mills Act Contract #MAC-34.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3391)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term ofthis contract total $48,300. Location: 815 E. Walnut Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $119.00
per year.
PAGE 8
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
3.20 Mills Act Contract #MAC-36.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3392)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $49,880. Location: 604 S. Grand Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $177.00
per year.
3.21 Mills Act Contract #MAC-44.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3393)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $47,175. Location: 247 N. Grand Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $49.00
per year.
3.22 Mills Act Contract #MAC-45.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3394)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term ofthis contract total $44,675. Location: 365 S. Pixley Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMP ACT: The estimated property tax loss to the City is approximately $104.00
per year.
PAGE 9
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
3.23 Mills Act Contract #MAC-53.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3395)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $33,800. Location: 536 E. Maple Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $214.00
per year.
3.24 Mills Act Contract #MAC-57.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3396)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term ofthis contract total $68,000. Location: 618 E. Culver Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $175.00
per year.
3.25 Mills Act Contract #MAC-59.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3397)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $55,700. Location: 248 N. Shaffer Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $90.00
per year.
PAGE 10
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
3.26 Mills Act Contract #MAC-55.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3398)
SUMMARY: A proposal to approve a Mills Act Contract for a duplex, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $127,400. Location: 191 S. Cambridge Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $168.00
per year.
3.27 Mills Act Contract #MAC-13.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3399)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $50,600. Location: 143 N. Pine Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $112.00
per year.
3.28 Mills Act Contract #MAC-16.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3400)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $70,700. Location: 235 E. Maple Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $55.00
per year.
PAGE 11
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
3.29 Mills Act Contract #MAC-17.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3401)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $77,770. Location: 708 E. Almond Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $193.00
per year.
3.30 Mills Act Contract #MAC-22.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3402)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $66,450. Location: 338 E. Palmyra
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $49.00
per year.
3.31 Mills Act Contract #MAC-23.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3403)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $50,600. Location: 512 E. Palmyra Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $122.00
per year.
PAGE 12
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
3.32 Mills Act Contract #MAC-28.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3404)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $85,415. Location: 292 S. Glassell Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $175.00
per year.
3.33 Mills Act Contract #MAC-49.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3405)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $48,240. Location: 552 E. Palmyra Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $116.00
per year.
3.34 Mills Act Contract #MAC-60.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3406)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $71,020. Location: 139 N. Waverly Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $134.00
per year.
PAGE 13
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
3.35 Mills Act Contract #MAC-61.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3407)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract total $43,890. Location: 504 E. Palmyra Avenue
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $101.00
per year.
3.36 Mills Act Contract #MAC-37.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3408)
SUMMARY: A proposal to approve a Mills Act Contract for a single family, historic
residence within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term ofthis contract total $52,000. Location: 351 S. Grand Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $138.00
per year.
3.37 Mills Act Contract #MAC-25.1-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-341O)
SUMMARY: A proposal to approve a Mills Act Contract for a historic commercial
property within the Old Towne Orange Historic District. Applicant requests approval for
Mills Contract for property located within a Redevelopment Project Area. Estimated
costs associated with the repair, rehabilitation and maintenance performed by the owner
for the (minimum 10 year) term of this contract total $127,300. Location: 44 Plaza
Square / 115-117 S. Olive Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $309.00
per year.
PAGE 14
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
3.38 Mills Act Contract #MAC-58.0-99 (Historic Property Preservation Agreement).
(A2100.0 AGR-3409)
SUMMARY: A proposal to approve a Mills Act Contract for a historic commercial
property within the Old Towne Orange Historic District. Applicant requests approval for
Mills Contract for property located within a Redevelopment Project Area. Estimated
costs associated with the repair, rehabilitation and maintenance performed by the owner
for the (minimum 10 year) term of this contract total $130,485. Location: 204 N. Olive
Street
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $167.00
per year.
(REMOVED AND HEARD SEP ARATEL Y)
3.39 Award of Professional Services Contract to Albert Grover and Associates for
preparation of Street Lighting System Master Plan (SLSMP). (A2100.0 AGR-3384)
SUMMARY: The City is planning to develop a Citywide Street Lighting System Master
Plan (SLSMP) to identify long range needs. In response to the Request for Proposals
(RFP), three firms submitted technical proposals, and Albert Grover and Associates was
determined to be the most qualified.
Discussion: Barbara DeNiro, (address on file), asked if the lighting will be decorative or
beneficial to Old Towne? There is poor lighting near the corner of Lincoln and Collins
by Albertsons.
Mayor Coontz commented she had requested the development of a Citywide Street
Lighting System Master Plan. Over the years the lighting throughout the City of Orange
has been neglected. The City has concentrated on the center of town but the entire City
needs to be looked at.
The Director of Public Works explained the study deals with lighting for safety and
security purposes and does not deal with decorative, ornamental or specialty lighting for
other purposes. The intent is to identify deficiencies, develop recommendations on
improvements, identify a potential funding program, and provide a comprehensive
database for the City's entire existing lighting system that will become part of the City's
geographic information system. The inventory will be reconciled against the Southern
California Edison record to identify any discrepancies.
PAGE 15
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to authorize the Mayor and City Clerk to execute contract on behalf of the City
with Albert Grover and Associates in an amount not to exceed $150,000 for preparation
of the Street Lighting System Master Plan.
FISCAL IMP ACT: The cost of this contract will be paid from Account Number 272-
5032-483100-6456 (Gas Tax-Street Lighting).
PARCEL MAP
3.40 Parcel Map No. 98-208 - Request for Approval. (C2500.M.16.2)
SUMMARY: Parcel Map No. 98-208 creates four parcels at the southwest quadrant of
Main Street and Culver Avenue presently developed for commercial uses.
ACTION: Approved recordation of Parcel Map No. 98-208, and accepted dedications of
right-of-ways on Main Street and Culver Avenue for streets and utility purposes as shown
on the Parcel Map. Abandoned, pursuant to Section 66499.201/2 of the Subdivision Map
Act, all streets and public easements within the boundary of this map.
FISCAL IMPACT: None.
QUITCLAIM
3.41 Quitclaim of an old Santa Ana Valley Irrigation (S.A.V.I.) Company Easement at
1527 E. Sunview Drive. (D4000.0)
SUMMARY: This S.A.V.I. easement has been abandoned for many years and has been
offered to the adjoining property owners for their private use.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to John
Von Karvaly and Marie Von Karvaly for the S.A.V.I. easement located at 1527 E.
Sunview Drive.
FISCAL IMPACT: The $75.00 fee is to be deposited in Account No. 100-273500
(General Fund Revenue).
RATIFICATION OF DECLARATION OF EMERGENCY
3.42 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale
Tract).
ACTION: Approved.
PAGE 16
CITY COUNCIL MINUTES
December 14, 1999
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.43 RESOLUTION NO. 9199 (A4000.0 APP-464)
A Resolution of the City Council of the City of Orange overruling the decision of the
Planning Commission and upholding Appeal No. 464, granting modification to a
conditional use permit to allow text and/or logos on certain signs upon property located at
The Block at Orange Shopping Center.
Appeal No. 464
Conditional Use Permit No. 2233-98
Applicant and Appellant: The Mills Corporation
ACTION: Approved.
3.44 RESOLUTION NO. 9200 (EI400.0 RES-9200)
A Resolution of the City Council of the City of Orange amending and revising the City of
Orange's environmental review guidelines to add a historical resources and
environmental review section and make other minor revisions.
ACTION: Approved.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item No. 3.3 and 3.39 were removed and heard separately. Councilman Slater abstained
on Item Nos. 3.13 - 3.38. The remainder of the Consent Calendar was approved as
recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 1382
4.1 Update on South County cities proposal to locate a jail in East Orange.
Mayor Coontz commented she wanted to assure the community that this Council's 5-0 stance
against a county jail in East Orange will not get lost during the holiday season or anytime during
the new year.
PAGE 17
CITY COUNCIL MINUTES
December 14, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
We met with all five County Supervisors and we had the opportunity to clarify our position.
This Council stands behind the 1995 Theo Lacy agreement between the City of Orange and the
County of Orange. It was, and is, our understanding that by allowing the expansion of Theo
Lacy Jail, this City would fulfill its obligation. No more jails would be built in Orange or its
sphere. We expect the current Board of Supervisors to honor that agreement.
NON-AGENDA ITEM - CENTERLINE PRESENTATION TO OCTA
Tape 1415
Mayor Coontz reported on her December 13th presentation made on behalf of the City Council to
the Orange County Transportation Authority Board regarding CenterLine, indicating the City
Council had unanimously voted against the CenterLine proposal. The City's decision was based
upon the fact that the original and ongoing focus of the light rail corridor was to concentrate on
high density residential and large employment centers in Orange County, which have 65% of the
Orange County jobs. Since then, this program has been derailed. The City is also against the
new idea "beginning of the line" pursued by the Board of Directors to start the line in Irvine.
Irvine does not have the rider population. The EIR indicates ridership at 7,500, which does not
match the numbers the City has been receiving over the years.
The City is also concerned about the diversion of Federal and State funds from the cities which
uses transportation funds to repair local roads. The OCT A Board did not answer questions or
indicate to any city what their program or expectations were relative to eminent domain. The
City is concerned about the line going into areas where the City has residential or commercial
property. At a recent council meeting, there were approximately 400 people speaking against the
line with a few in favor ofthe project. The message at the OCTA Board is that the City needs to
listen to the community. Mayor Coontz indicated her message to the OCTA Board is that they
need to listen to the cities that are along the proposed corridor line.
4.2 Request to waive application fee for permit parking on Sycamore Avenue west of
Glassell Street. (S4000.S.3.1.2) Tape 1484
NOTE: Councilman Slater abstained on this item due to a property interest on North Lemon.
Mayor Coontz reported the request to waive the application fee for permit parking on Sycamore
Avenue west of Glassell Street involves residents living near the Chapman Law School parking
structure.
Gema Tapia, 209 W. Sycamore, spoke on behalf of the residents along Sycamore Avenue, west
of Glassell Street, north of Palm, south of Walnut and east of Lemon Street. Chapman
University students have been parking on the streets, rather than parking in the structure, leaving
no parking available for the residents. Ms. Tapia requested the $400.00 permit parking fee be
waived to allow permit parking for residents in the area.
Bea Vega, 486 N. Olive, commented that Chapman University promised the residents the
parking structure fee would be included in the tuition and asked for the City to help.
PAGE 18
CITY COUNCIL MINUTES
December 14,1999
4. REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz responded the City has a specific plan that covers the law school. It was hoped a
representative from Chapman University would be able to speak at this meeting. The Public
Works, Community Development, and the Police Departments need to meet with Chapman
University representatives to resolve this issue and come back with a report. It was understood
the parking fee would be a part of the tuition. The application fee for permit parking cannot be
waived. It is best to pursue a solution with the University.
In response to Mayor pro tem Spurgeon, the Director of Public Works indicated a request and
$400.00 permit parking application fee was received from residents on Cambridge Street. The
request was denied. No application fee was charged near the McPherson facility installation, as
it was City initiated, and the environmental document included the permit parking program as a
mitigating measure. The City Attorney added another request was received from residents
involved in a previous study who had opted out at the time, and later wished to be included. No
fee was required because the study had already been done and no staff time would be involved.
Mayor pro tem Spurgeon commented the City has received a lot of criticism for assisting with
the building of the parking structure. It was also his understanding that the parking fee would be
included with the tuition.
Councilman Murphy suggested the City take an active role in looking at permit parking, even if
on a temporary basis, to change the habits of students that park on the street.
The City Manager indicated he will direct staff to meet with Chapman representatives relative to
their commitment to resolve the problem, as well as solicit from them to pay the fee. A report
will be brought back at the January 25, 2000 meeting.
The Director of Public Works commented a 55% affirmative petition is needed from the affected
properties which could be undertaken by the residents in the interim period.
In response to Mayor Coontz's concern that the parking problem extends beyond this area to
streets past Shaffer, the City Manager suggested that in order to save time, the residents in this
area need to carry the message to the other affected streets.
Sam Vega, 486 N. Olive, commented the people in this area cannot afford the application fee.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilman Murphy - Millennium Update
Councilman Murphy invited everyone to attend the New Year's Eve Kick-off of the Millennium
Celebration for the City of Orange at The Block at Orange beginning at 6:00 p.m.. Monies raised
will be dedicated to a new clock at the Depot Park and contributed to local charities actively
involved in participating in the Millennium Celebration.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
PAGE 19
CITY COUNCIL MINUTES
December 14, 1999
7.
ADMINISTRATIVE REPORTS
Tape 2105
THE CITY COUNCIL RECESSED AND CONVENED. WITH THE ORANGE REDEVELOPMENT
AGENCY BOARD AT 5:42 P.M. - AGENDA ITEM No.7.I. THE CITY COUNCIL RECONVENED TO
REGULAR SESSION AT 5:46 P.M.
7.1 Report from the Director of Economic Development on the Annual Report of the
Orange Redevelopment Agency, authorizing and directing its transmittal to the Controller
of the State of California. (R3500.0)
RESOLUTION NO. 9202
A Resolution of the City Council of the City of Orange approving the Annual
Report of the Orange Redevelopment Agency for Fiscal Year 1998-1999 and
authorizing and directing its transmittal to the Controller of the State of California.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9202.
7.2 Report from the Director of Community & Library Services on a Joint Use Library
with Santiago Canyon College. (C2500.I) Tape 2237
The City Manager reported Council had requested this report be brought back to coincide with
Santiago Canyon College's stated deadline of January, 2000. As directed by Council, the report
contains a recommendation from the Orange Library Board of Directors on their feelings on a
joint use library. The Library Board of Director's heard a presentation by Santiago Canyon
College as well as an update by the Director of Community and Library Services on a report that
will come to Council in January that addresses the current service levels and facility needs of the
City's Main Library and branch libraries. The Board voted 5-0 not to support joint use at this
time, based on the current needs of the City's own library system versus the costs of a joint use
proposal and considering Santiago Canyon College would come back in twelve to eighteen
months to again offer the City the opportunity of a joint use partnership, as a State bond issue
must first pass.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Council postpone a decision on a joint-use library with Santiago Canyon College
until a report on current library system needs is presented at the January 11, 2000 City Council
meeting.
PAGE 20
CITY COUNCIL MINUTES
December 14, 1999
8.
REPORTS FROM CITY MANAGER
Tape 2305
8.1 Presentation of the Fourth Quarter Budget Report for the period July 1, 1998
through June 30, 1999. (Continued from November 23, 1999) (C2500.EA)
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
8.2 Presentation of the First Quarter Budget Report for the period July 1, 1999 through
September 30,1999, as amended. (Continued from November 23,1999) (C2500.EA)
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
8.3 Financial Assistance Agreement between the City of Orange and County of Orange
in an amount not to exceed $2 million for Prospect Street Sports Park (Rock Creek Park).
(A2100.0 AGR-3411) Tape 2351
The Director of Community and Library Services presented background information, reporting
that the financial assistance agreement between the City and the County of Orange identifies
timeframes and specific terms and conditions for a 15 acre project. The 15 acre parcel is located
on the northwest corner of Spring and Prospect, commonly referred to as Rock Creek Park. The
Council approved the adoption of Mitigated Negative Declaration 1601-99 and Resolution 9147
declaring a public interest and necessity in acquiring the property on July 13, 1999.
Mayor Coontz noted the City is proceeding with a design of this project and continues
communicating with the area residents. This action authorizes the receipt of the monies from the
County.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved.
PAGE 21
CITY COUNCIL MINUTES
December 14, 1999
9.
LEGAL AFFAIRS
Tape 2458
9.1 ORDINANCE NO. 24-99 (A2500.0 Vehicles for Hire)
An Ordinance of the City Council of the City of Orange repealing Chapter 5.78 of the City of
Orange Municipal Code relating to vehicles for hire.
MOTION - Slater
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 24-99 be read by title only and same was approved and adopted by
the preceding vote.
9.2 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.
Mayor Coontz credited Debbie Alcarez who made the suggestion for this ordinance.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 26-99 be read by title only and same was set for second reading by
the preceding vote.
9.3 ORDINANCE NO. 27-99 (A2500.0 Public Works Department)
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 - Slater
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 27-99 be read by title only and same was set for second reading by
the preceding vote. Schedule January II, 2000 at 7:00 P.M. for the public hearing and adoption
of second reading of Ordinance No. 27-99. Direct the City Clerk to publish a notice of the public
hearing once a week for two successive weeks in accordance with Government Code Sections
50022.3 and 50022.6.
PAGE 22
CITY COUNCIL MINUTES
December 14, 1999
9. LEGAL AFFAIRS (Continued)
9.4 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 - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 28-99 be read by title only and same was set for second reading by
the preceding vote.
9.5 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.
Mayor Coontz suggested the glossary of the document include a picture of some of the terms
used.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 29-99 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:26 p.m. to a Closed Session for the following purposes:
URGENT ITEM
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the matter arose after the posting of the agenda to add one additional case to Item a. -
Conference with Legal Counsel - anticipated litigation.
PAGE 23
CITY COUNCIL MINUTES
December 14, 1999
11. RECESS TO CLOSED SESSION (Continued)
a. Conference with Legal Counsel - anticipated litigation.
Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (two
potential cases): 1) Siting of County Jail in Orange's Sphere of Influence and 2) Yorba Park
Remediation.
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. (This item was not discussed).
c. Conference with real property negotiator pursuant to Government Code Section 54956.8:
Property: 25 acre parcel near the intersection of Spring Street and McPherson Road in Orange;
Negotiating Parties: City of Orange and Union Pacific Railroad; Under Negotiation: Price and
Terms (This item was not discussed).
d. To consider and take possible action upon such other matters as are orally announced
by the City Attorney, City Manager, or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 3725
Carole Walters, (address on file), expressed safety concerns due to roots from a tree planted in
her parkway and asked that it be removed and replaced. Ms. Walters presented a bill to the City
for $50.00 for leaf removal. Mayor Coontz directed Ms. Walters to the Director of Public Works
to handle this issue.
George Adams, 7425 Lewis, thanked the City Council for the professional way in which an
eminent domain settlement was handled.
Mara Brandman, 7319 Equitation Way, expressed the need to start a new committee to monitor
development or redevelopment issues further east in Orange. Mayor Coontz indicated this issue
had been addressed at previous meetings, noting the recently disbanded East Chapman
Improvement Committee had served a specific purpose. The need for a committee will be
considered at a later time when The Irvine Company issue comes back.
Russell Mura, 319 Willow Springs Road, presented a simplified list of concerns with senior
housing development and safety issues near his residence. The Director of Community
Development responded Mr. Mura's initial list of concerns is being reviewed. A response will
be made to Mr. Mura with a copy to Council.
PAGE 24
CITY COUNCIL MINUTES
December 14, 1999
13.
PUBLIC HEARINGS
Tape 4248
13.1 GREYSTONE HOMES CANAL STREET AND HElM AVENUE PROJECT;
NEGATIVE DECLARATION 1560-99; GENERAL PLAN AMENDMENT 3-98;
ORDINANCE AMENDMENT 7-99; ZONE CHANGE 1196-98; CONDITIONAL USE
PERMIT 2227-98; AND TENTATIVE TRACT MAP 15680 (C2300.E GPA-3-98)
Time set for a public hearing to consider General Plan Amendment 3-98 to reclassify Heim
Avenue as a commuter street and redesignate 6.09 acres of property from GC General
Commercial to LMDR Low-Medium Density Residential, designating residential use of the
property at a density range between 6 and 15 dwelling units per acre; Ordinance Amendment 7-
99 to modify Orange Municipal Code Sections 12.52.021 and 12.52.022 which pertain to the
ultimate planned width of Heim Avenue; Zone Change 1196-98 to reclassify 6.09 acres of
property from C-TR, Limited Business District, Tustin Redevelopment Project Area, to R-2-6,
Duplex Residential District; Conditional Use Permit 2227-98 and Administrative Adjustment 99-
17 to allow construction of a planned unit development comprised of 49 units on 5.7 acres;
Tentative Tract Map 15680 to allow the subdivision of 5.7 acres of property (by 49 parcels)
located east of Canal Street and south of Heim Avenue, North and West of the Mall of Orange
for proposed construction of single-family residences. Negative Declaration 1560-99 was
prepared to address potential environmental impacts of the project.
The Director of Community Development presented the report.
In response to Councilman Alvarez's concern for the removal of the Eucalyptus trees, the
Director of Community Development explained the improvements, i. e., widened pavement,
removal of drainage ditch, new curb and gutter and sidewalks, will create a 60 foot wide Heim
Avenue. The sidewalks will be installed where the Eucalyptus trees now exist. The sidewalk
construction would damage the root structure of the trees, creating an unsafe situation.
Mayor Coontz commented on a project located near the creek in which the Eucalyptus trees were
variegated, of a wide girth, and not aligned well, causing problems. The trees used for wind
breaks had to be removed.
Councilman Slater commented he did not feel the trees were a significant issue. Did the City's
arborist look at the trees? The Director of Community Development responded the City's
arborist did participate in the review.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Douglas Woodward, Greystone Homes, 26 Executive Park, Suite 100, Irvine, CA, presented
Greystone's third development alternative for the property and addressed issues of concern
previously addressed by the City Council. Greystone Homes concurs with the findings of the
staff report and accept all of the conditions of approval.
PAGE 25
CITY COUNCIL MINUTES
December 14, 1999
13. PUBLIC HEARINGS (Continued)
Councilman Slater asked if the Rios' had been asked if they could do a landscape easement to
provide continuity along Canal Street? Mr. Woodward responded Greystone Homes had not
addressed that issue. Full improvements will be done in front of the Rios' home which will
provide consistency.
Councilman Alvarez asked if the street that exits onto Heim Avenue lines up with Bourbon
Street? Since the project will impact Taft Elementary, has Orange Unified School District
(OUSD) expressed approval of the project? Mr. Woodward explained there is a significant offset
which should assist with traffic. Mr. Hartman of the OUSD has attended both Planning
Commission and City Council meetings and has not expressed opposition to the project.
Barbara DeNiro, (address on file), addressed questions and concerns regarding density; the non-
inclusion of the Rios' property in the project; lack of enough recreational area; the type of trees
that will replace the Eucalyptus trees; the depth of the lots; and the affect the OCT A transfer
station at Orange Mall will have on the project.
Gordon Enders, 1126 Vista Del Playa, expressed support for the project and presented a petition
to Council. The project will benefit the community; the Eucalyptus trees are messy; and the
property has been an eyesore for many years.
Russell Mura, 319 Willow Springs Road, commented that Mr. Enders and his neighbors should
be made aware of changes made by the developer.
Douglas Woodward, Greystone Homes, presented eight letters of support from individuals living
north ofthe site who were unable to attend the meeting. The lots are 65 feet in depth, 47, 48, and
50 feet in width. The homes range from 2800 to 4300 square feet. A disclosure will be made
that it is a bus route. The Eucalyptus trees will be replaced with double rows of two different
varieties of trees.
Mayor Coontz explained proposals were submitted to Council for bus transfer stations and
suggested Ms. DeNiro speak with the Director of Public Works
In response to Mr. Mura's concerns, the Director of Community Development explained that in
going through the process all materials and details of the project are documented. Inspections are
performed during and at the completion of the project to ensure compliance.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
Mayor pro tern Spurgeon commented he had opposed the project in the past. Also, some people
who had signed the petition in favor of the project had opposed past projects.
PAGE 26
CITY COUNCIL MINUTES
December 14, 1999
13. PUBLIC HEARINGS (Continued)
Mayor Coontz commended Greystone Homes for doing a marvelous job of listening to the
Council, Planning Commission, and the community. The property has been an eyesore for years
and a source of continuous complaints. This is an excellent project.
Councilman Alvarez commented on the importance of noting that no one from Orange Unified
School District addressed the impact the project will have on Taft School.
Councilman Murphy expressed support for the project which will be a positive addition to the
area.
Councilman Slater commended the developer for listening and coming back with the perfect
project for the site, which will be a welcome addition to that part of town. It is impressive there
was no opposition expressed to the project.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to 1) adopt Negative Declaration 1560-99, finding that the proposed project could not
have a significant effect on the environment; 2) approve General Plan Amendment 3-98 as
outlined in Planning Commission Resolution No. PC-68-99; 3) approve Ordinance Amendment
7-99 as outlined in Planning Commission Resolution No. PC-69-99; 4) approve Zone Change
1196-98, as outlined in Planning Commission Resolution No. PC-70-99; 5) approve Conditional
Use Permit 2227-98 as outlined by Planning Commission Resolution PC-71-99, including
Administrative Adjustment 99-17; and 6) approve Tentative Tract Map 15680 as outlined in
Planning Commission Resolution No. PC-72-99.
13.2 MASTER PLAN FOR PARK FACILITIES, RECREATION AND COMMUNITY
SERVICES; NEGATIVE DECLARATION 1609-99; GENERAL PLAN AMENDMENT 2-
99; AND ADOPTION OF MASTER PLAN FOR PARK FACILITIES, RECREATION
AND COMMUNITY SERVICES (C2300.H) Tape 6517
Time set for a public hearing to consider a proposal to adopt a Master Plan for Parks, Recreation
and Community Services. This document will replace the Parks and Recreation Plan and Master
Parks Plan contained within the Open Space and Conservation Element of the City's General
Plan.
The Director of Community and Library Services reported the purpose of the master plan is to:
. Serve as a long range plan identifying open space, park and facility needs;
. Develop standards, policies and guidelines for funding, acquisition and development;
. Amend the General Plan by incorporating a detailed Master Plan of Parks under the Open
Space and Conservation Element;
PAGE 27
CITY COUNCIL MINUTES
December 14, 1999
13. PUBLIC HEARINGS (Continued)
. Provide a sound basis for adoption of a Quimby Ordinance, revising the existing ordinance
and amending park fees which is scheduled for January or February, 2000; and,
. Establish an implementation plan for the master plan.
The revision of the City's existing ordinance amending development park fees is currently being
finalized and will be presented to Council no later than the February 9, 1999 Council meeting.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Carole Walters, expressed concern that active parks impact the neighborhoods with traffic, noise,
etc. The City needs passive parks.
Barbara DeNiro, expressed concern for the health, welfare, and safety of established
neighborhoods with high activity uses in conjunction with joint use of school grounds.
Mara Brandman, 7319 Equitation Way, commented on the need for more parks and recreational
open space in the City.
Jerome Greubel, 340 W. Chapman Avenue, expressed concern that the fee structure be a fair and
legal document to people using the parks.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed support for the Master Plan.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
COUNCIL COMMENTS:
In response to Mayor Coontz, the Director of Community and Library Services explained that
active parks are sports related. Examples of passive parks are Pitcher Park, Eisenhower Park,
and Depot Park. The City is gearing up to be aggressive in the active park areas, as many of the
City's youth have been turned away on sports activities due to lack of active park space. The
Master Plan is available for review in the City Clerk's office and at the public libraries.
Councilman Alvarez suggested in the future options be included, which will provide the
community the opportunity to discuss what is going on and hopefully find a balance between
active and passive parks.
Councilman Slater commented the Master Plan under Acquisition Opportunities specifically
points out the site along Santiago Creek (Sully Miller) gravel quarries as well as the R. J. Noble
site along the Santa Ana River.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 28
CITY COUNCIL MINUTES
December 14, 1999
13. PUBLIC HEARINGS (Continued)
Moved to approve Negative Declaration 1609-99, finding that adoption of the Master Plan for
Park Facilities, Recreation and Community Services will not result in a significant adverse
impact on the environment or wildlife resources.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt the Master Plan for Park Facilities, Recreation and Community Services and
approve General Plan Amendment 2-99, to delete the brief Parks and Recreation Plan now part
of the Open Space and Conservation Element, and incorporate, by reference, the Master Plan for
Park Facilities, Recreation, and Community Services.
THE CITY COUNCIL CONVENED WITH THE ORANGE REDEVELOPMENT AGENCY MEETING AT
8:37 P.M. - AGENDA ITEM No. 10.1.
13.3 JOINT PUBLIC HEARING WITH THE BOARD OF DIRECTORS OF THE
ORANGE REDEVELOPMENT AGENCY, DISPOSITION OF REAL PROPERTY (1800
W. KATELLA AVENUE), LOCATED IN THE NORTHWEST REDEVELOPMENT
PROJECT AREA (RA2100.0 AGR-3386) Tape 198
Time set for a joint public hearing to consider the disposition of certain real property located at
1800 W. Katella Avenue in the Northwest Redevelopment Project Area by the Orange
Redevelopment Agency to Southern Counties Oil Company and Frank P. Greinke.
Disposition and Development Agreement (DDA) in which Redevelopment Agency financial
assistance will be provided for acquisition, rehabilitation, and construction of building and
parking improvements at 1800 W. Katella Avenue.
The Director of Economic Development presented the report.
Councilman Alvarez commented on the performance based approach in which there would be a
$17 million net over a ten year period. What is the increment of increase from today's dollar
until the end of the ten year period?
Stephen Copenhaver, financial consultant, responded the company is projecting a three-fold
increase in revenue. It is anticipated there will be a substantial increase in the second year of the
agreement as new facilities will be opening within the state. The City of Orange is the point of
sale. From the third to tenth year of the DDA, Southern Counties Oil Company never receives
more than 49% of the revenue they generate. Under the terms of the contract, between years six
and seven of the DDA, Southern Counties Oil Company will have reached their maximum
assistance from the Agency. After that point, the Agency will receive 100% of the revenue; up to
that point the Agency will receive 51 % of the revenue.
PAGE 29
CITY COUNCIL MINUTES
December 14, 1999
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Barbara DeNiro, (address on file), commented on contingency issues and asked how the property
falls under the qualification considered blight? Ms. DeNiro asked how Southern Counties Oil
Company is eligible for redevelopment funding? Will the underground tanks, pumps, offices and
employees remain at Collins or be at both locations?
Carole Walters, (address on file), expressed concern with monies being given to Southern
Counties Oil Company and asked if Southern Counties Oil Company received Agency monies
for their business on Collins Avenue?
The Director of Economic Development explained blight is an economic term. An example is
recently the Experian Company moved from Orange to the Irvine Spectrum area because they
can buy land and build a state of the art building. The City of Orange has to compete and has to
make it so companies will go into buildings in Orange that aren't as modern and up-to-date If
Redevelopment funds were not available these companies would go to other cities. Many
contractual issues must be met before the Agency will provide assistance to Southern Counties
Oil Company. The tenants that currently occupy the building will stay. If Southern Counties Oil
Company's projections are not accurate and are lower, the assistance will also drop. Southern
Counties Oil Company is moving existing businesses currently operating out of other offices to
the City of Orange. The City of Orange will be the point of sale and sales tax generated will
come back to the City of Orange. The City Manager commented the underground tanks will
remain at the Collins facility. There will be no underground tanks at 1800 W. Katella.
Councilman Alvarez asked if Southern Counties Oil Company's needs will be met within the ten
year period? What happens for the next ten years? The Director of Economic Development
responded it is believed the improvements will be done well within the ten years.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9203
A Resolution of the City Council of the City of Orange consenting to the approval by the Orange
Redevelopment Agency of a Disposition and Development Agreement by and between the
Agency, on the one hand, and Southern Counties Oil Company and Frank P. Greinke, Trustee,
Greinke Personal Living Trust dated April 20, 1999, on the other hand, and making certain
findings in connection therewith.
MOTION - Mayor Coontz
SECOND - Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9203.
PAGE 30
CITY COUNCIL MINUTES
December 14, 1999
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 9:00 p.m.
C44A~d(}<<k~
CASSANDRA J. HCART, CMC
CITY CLERK
./ / JOANNE COONTZ
U MAYOR
PAGE 31