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11-09-1999 Council Minutes APPROVED BY THE CITY COUNCIL ON NOVEMBER 23, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING November 9, 1999 The City Council of the City of Orange, California convened on November 9,1999 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 Bubba Lipscomb, First Southern Baptist Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Slater 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Captain Bob Gustafson ofthe Orange Police Department presented proclamations to Josh Raphael and Garrett Hurley recognizing their actions in apprehending a robbery suspect at the Pacific Ranch Market. (C2500.K) Councilman Alvarez recognized City employees Dennis Bueschel, Carmen Saldana, Julie McWhorter, Teresa Keller, Fire Chief Bonacker, Jeanne Arehart, Annie Case, Jan McGovney, Irene Carney, Tara Finnigan and Irma Hernandez for their participation as "Team Orange" in the Heart and Sole runlwalk event, sponsored by the American Heart Association, held Sunday, October 24, 1999 at the Irvine Spectrum Center. Bill Nessen, representing Mothers Against Drunk Drivers (MADD) in Orange County, presented Deuce Awards to the following Orange Police Officers: Officer Jorge Chavez, Officer Armando Plascencia, Officer Jon Gorton, Officer Dave Pasino, Officer Leslie Barrett, Officer Dave Alton, Officer Dung Nguyen, Officer Joe Schaffer, and Officer Dave Holz. (C2500.K) Mayor Coontz announced the Veterans' Day Celebration will be held November 11, 1999 at Depot Park from 3:00 - 5:00 p.m. Waste Management and Home Depot will sponsor America Recycles Day at Home Depot on November 15, 1999 from 10:00 a.m. to 4:00 p.m. PAGE 1 CITY COUNCIL MINUTES November 9, 1999 2. PUBLIC COMMENTS Tape 497 Barbara DeNiro, (address on file), expressed concern with the density of the apartment complexes located on Town and Country Road near Main Street. Did redevelopment monies fund this project? How many apartments are being built in the project? Where will parking be? The Director of Community Development indicated he would provide Ms. DeNiro with the requested information. Carole Walters, (address on file). indicated she will include Council's vote III her newsletter and commented on a meeting she attended regarding the Brown Act. Linda Hayes, 164 N. Stevens, spoke regarding the impact OCTA's CenterLine project will have on Orange businesses and neighborhoods. Council was urged to support the "no build" alternative. Shirley Grindle, 5021 Glen Arran, gave a status report on Barham Ranch. The ultimate goal is for Barham Ranch to be in the hands of the State and/or the County so that it will never be used for development purposes. Ms. Grindle assured Council that the $2 million the City received for the Strawberry Field for park purposes will not be sought. 3. CONSENT CALENDAR Tape 758 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of November 9, 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 October 21 and 28,1999. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, October 26, 1999. Councilman Murphy requested the minutes be continued. MOTION - Murphy SECOND - Slater AYES - Murphy. Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue. PAGE 2 1 CITY COUNCIL MINUTES November 9, 1999 3. CONSENT CALENDAR (Continued) 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.5 Engineering Services Agreement with Secor International Inc. for Environmental and Geotechnical investigation of Union Pacific Railroad property adjacent to Santiago Creek. (A2100.0 AGR-3370) SUMMARY: Prior to acquisition of subject property for community park purposes, a due diligence study is recommended to identify environmental and geotechnical mitigation requirements. Secor International Inc. has proposed a fee of $62,694.00 to complete the study. ACTION: Approved Consultant Agreement with Secor International Inc. in the amount of $62,694.00 and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: Adequate funds are in Account No. 500-7021-481102-0149 (Rock Creek Park). 3.6 Utility Agreement between the City of Orange and the State of California, Department of Transportation. (A2100.0 AGR-3371) SUMMARY: The agreement provides for the State to relocate, adjust to grade, or protect in place, city owned sewer lines to facilitate the widening of SR-55. ACTION: Approved Agreement between the City of Orange and the State of California and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: The State will bear all construction costs. The City will be reimbursed for inspection costs up to $1,500.00 for Agreement No. 12-UT-521. 3.7 Utility Agreement between the City of Orange and the State of California, Department of Transportation. (A2100.0 AGR-3372) SUMMARY: The agreement provides for the State to relocate, adjust to grade, or protect in place, city owned sewer lines to facilitate the widening of SR-55. ACTION: Approved Agreement between the City of Orange and the State of California and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: The State will bear all construction costs. The City will be reimbursed for inspection costs up to $3,000.00 for Agreement No. 12-UT-593. PAGE 3 CITY COUNCIL MINUTES November 9, 1999 3. CONSENT CALENDAR (Continued) 3.8 CLAIMS (C3200.0) CLAIMS FOR DAMAGES FROM: The City Attorney recommends that the Orange City Council deny the following Claim(s) for damages: a. Carrie Bedard b. William and Anita Wallace FISCAL IMPACT: None. ACTION: Denied Claims for Damages and referred to City Attorney and Adjuster. CONTRACTS 3.9 Award of Contract - Bid No. 990-06; Project SP-3285; ADA Wheelchair Access Ramps Various Locations (year 1999-2000). (A2100.0 AGR-3369) SUMMARY: This project will provide for construction of wheelchair access ramps conforming to the requirements of Americans with Disabilities Act at various locations. The City Council previously approved advertisement on September 14, 1999. ACTION: Awarded Bid No. 990-06 in the amount of$126,071.28 from the low bidder, Ranco Corporation and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted and available in Account No. 310-9645-483300- 1328 (Community Development Block Grant Funds, ADA Improvements) - $150,000.00. 3.10 Award of Contract - Bid No. 990-10 for Three (3) Seven Yard, Six Wheel Dump Trucks. (A2I00.0 AGR-3365) SUMMARY: Three Seven Yard Six Wheel Dump Trucks have been scheduled for replacement as part of the approved vehicle replacement schedule in the FY 1999/2000 budget. ACTION: Awarded Bid No. 990-10 to Westrux International of Santa Fe Springs, CA in the amount of $205,520.28 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds in the amount of $205,520.28 are budgeted and available in the following account: 720-5023-472102 (Motor Vehicle Replacement). PAGE 4 CITY COUNCIL MINUTES November 9,1999 3. CONSENT CALENDAR (Continued) 3.11 Award of Contract - Bid No. 990-11 for Three (3) Backhoe Trailers, One (1) Mower Trailer and One (1) Skid Steer Trailer. (A2100.0 AGR-3366 & AGR-3367) SUMMARY: Three Backhoe Trailers, One Mower Trailer and One Skid Steer Trailer have been scheduled for replacement as part of the approved vehicle replacement schedule in the FY 1999/2000 budget. ACTION: Awarded Bid No. 990-11 to Orange Coast Ford Tractor in the amount of $40,778.01 for three backhoe trailers and to Contractors Equipment Company in the amount of $9,945.33 for one mower trailer and one skid steer trailer and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: Funds in the amount of $50,723.34 are budgeted and available in the following account: 720-5023-472102 (Motor Vehicle Replacement). (REMOVED AND HEARD SEPARATELY) 3.12 Award of Contract - Bid No. 990-12 for Eight (8) Pick Up Trucks, Ten (10) Black and White Police Sedans, Twenty (20) Sports Utility Vehicles, Two (2) Window Vans and One (1) Solid Color Police Sedan. (A2100.0 AGR-3368) SUMMARY: Eight Pick Up Trucks, Ten Black and White Police Sedans, Twenty Sports Utility Vehicles, Two Window Vans and One Solid Color Police Sedan have been scheduled for replacement as part of the approved vehicle replacement schedule in the FY 1999/2000 budget FISCAL IMPACT: Funds in the amount of $968,274.04 are budgeted and available in the following account: 720-5023-472102 (Motor Vehicle Replacement). Note: Councilman Murphy abstained on this item and left the Council dais. Discussion: Barbara DeNiro, (address on file), requested an explanation for the purchase of Sports Utility Vehicles. Does this create a conflict of interest? Were redevelopment funds associated with the Ford of Orange development? The City Manager responded the Orange Redevelopment Agency was not associated with Ford of Orange. The Sports Utility Vehicles are a greater value in maintenance for the City, based upon an analysis done on the increased costs of sedans and the extended life of Sports Utility Vehicles. The Finance Director further explained there is an approximate 10% greater salvage value on the Sports Utility Vehicles. The City Attorney clarified there is no conflict of interest that would prevent the City Council from taking action. Mayor pro tern Spurgeon commented that three agencies located in the City bid on the vehicles and it's nice to be able to keep the tax dollars in the City when possible. PAGE 5 CITY COUNCIL MINUTES November 9, 1999 3. CONSENT CALENDAR (Continued) MOTION - Alvarez SECOND - Spurgeon AYES - Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - Murphy Moved to award Bid No. 990-12 to Ford of Orange in the amount of $968,274.04 and authorized the Mayor and City Clerk to execute on behalf of the City. GRANTS 3.13 A proposal to authorize receipt of a $500 grant from the California State Library (Federal Library Services and Construction Act Funds). (C2500.I) SUMMARY: The Orange Public Library applied to the California State Library for a $500 Federal Library Services and Technology Act grant to enhance the Library's web- based online public access catalog. ACTION: Authorized receipt of $500 grant from the California State Library and appropriated $500 to Account No.1 00-2004-426700 (Other Professional Services). FISCAL IMPACT: This grant award of $500 will augment the Library's database management budget. PUBLIC CONVENIENCE OR NECESSITY 3.14 Designation of the Planning Commission as the decision making body responsible for making findings of Public Convenience or Necessity for Alcohol Licenses. (C2500.G.2.1) ACTION: Approved. FISCAL IMP ACT: None. RATIFICATION OF DECLARATION OF EMERGENCY 3.1S Review the existence of a local emergency as declared on April 1, 1999. (Vista Royale Tract). ACTION: Approved. PAGE 6 CITY COUNCIL MINUTES November 9, 1999 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.16 RESOLUTION NO. 9189 (C2500.M.16.1 LLN-99-1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 99-1 adjusting lot lines of certain real property situated at 2000 block east Taft Avenue in the City of Orange, County of Orange, State of California. OWNER: Southern California Edison & Greystone Homes, Inc. ACTION: Approved. 3.17 RESOLUTION NO. 9190 ((S4000.S3.6) A Resolution of the City Council of the City of Orange renaming The City Drive between the 1-5 Freeway and the northerly City limit, to State College Boulevard. ACTION: Approved. 3.18 RESOLUTION NO. 9191 (A2100.0 AGR-331O) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 990-02; SP 3239B; R J. Noble Company; Street Rehabilitation Improvement for Tustin Street from Chapman Avenue to Collins Avenue. ACTION: Approved. 3.19 RESOLUTION NO. 9192 (A2100.0 AGR-3263) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 989-36; SP 3072; GMC Engineering Inc.; The City of Orange Assessment District Number 86-1, Santiago Hills, Jamboree Road Street Improvement and Landscaping. ACTION: Approved. 3.20 RESOLUTION NO. 9194 (C2500.C) A Resolution of the City Council of the City of Orange commending Deputy City Clerk Marian Contreras upon being awarded the designation of Certified Municipal Clerk by the International Institute of Municipal Clerks. PAGE 7 CITY COUNCIL MINUTES November 9, 1999 3. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 3.3 was continued to November 23, 1999. Item No. 3.12 was removed and heard separately, Councilman Murphy abstained. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR COONTZ Tape 1065 4.1 Update on South County cities proposal to locate a jail in East Orange. Mayor Coontz reported the City was successful in communicating with South County cities that have been studying jail sites. Council visited the following sites: Fremont Canyon site off the Eastern Transportation Corridor; the site short of the Windy Ridge Toll Road; the Black Star Canyon area site; and Lambert property in Irvine's sphere of influence. She and Councilman Murphy will visit with Board of Supervisors members to express Council's concerns and find out the reasoning of those participating in the South County cities efforts to locate a site; explain to them what the City's long time experience has been with the Theo Lacy Jail; and that the City of Orange does not want to bookend high security jails. The criteria established for ajail site search does not include that the City of Orange should not be on the list as Orange was promised by the Board of Supervisors that there would not be an additional jail site. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, reported on a conversation he had with Sheriff Carona during a Board of Supervisors meeting. Councilman Alvarez commented that the sites closest to the City of Orange did not look feasible from a cost standpoint. Mayor Coontz indicated it will be suggested to the Board of Supervisors that they too look at the sites. Councilman Slater commented the Sheriff has taken a lot of flack for trying to put ajail site in East Orange and that the Irvine Company is really calling the shots. 5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS Tape 1255 7.1 Report from the City Attorney on possible adoption of an interim ordinance to temporarily suspend development on the south side of Culver Avenue between Shaffer and Cambridge Streets. (C2500.G.2.0.1) L_.____ PAGE 8 CITY COUNCIL MINUTES November 9, 1999 7. ADMINISTRATIVE REPORTS (Continued) The City Attorney explained the interim ordinance would prohibit the processing of development applications for development which does not meet R-I-6 since this is the most restrictive development alternative that will be considered by the City CounciL The interim ordinance is for a 45 day period, which can be extended for 10 months and 15 days, for a total of one year. The Ordinance would stop the processing of applications the City currently has received. There is no notification requirement for the 45 day interim ordinance. If the Ordinance was adopted, and Council desires to extend the ordinance, there are notification requirements. Cowlcilman Alvarez asked what the City's history has been on moratoriums? Can the moratorium be taken from an administrative action to a public hearing? How does the moratorium meet the criteria of being a public health, safety or welfare issue. If Council were to extend the moratorium, would Council action be needed? Mayor Coontz asked the City Attorney to address the concern of a member of the public relative to Councilmember Slater potentially having a conflict of interest. The City Attorney explained that Councilman Slater sold a house in the area, but since his source of income was the seller and the seller has moved, Councilman Slater does not have a conflict of interest requiring him to abstain. The City Attorney explained the definition of public health, safety, and welfare is very broad. The welfare is the maintaining of the historical character of the single-family residential development on Culver Avenue. The interim ordinance would meet the welfare criteria as defined by the courts, as would almost any zoning decision. Notification of a public hearing would be required if the 45 day interim ordinance were adopted and extended for an additional 10 month, 15 day period. Discussion ensued relative to the City's past history on adopting moratoriums. SPEAKING IN OPPOSITION TO THE MORATORIUM: Ralph Zehner, 630 E. Culver Mike Keller, 632 E. Culver Carole Walters (address on file) Judy Runnells, 816 E. Culver Gerry VanMarter, 2624-C N. Tustin, Santa Ana Eileen Hertfelder, 725 E. Culver, provided information to Council for the record. Corinne Schreck, 446 N. James Ken Brimlow, 652 E. Culver Avenue Reasons: Lack of notification; past history on moratoriums; unfairness, discrimination, and violation of property rights; Council bias; malfeasance of duty; not a public health, welfare, or safe:!y problem; why does an urgency now exist; conflict of interest issues and concerns; design guidelines need to be known; and Old Towne Preservation Association's powerful influence in the community. PAGE 9 CITY COUNCIL MINUTES November 9, 1999 7. ADMINISTRATIVE REPORTS (Continued) SPEAKING IN FAVOR OF THE MORATORIUM: Fred Gillett, 205 E. Palmyra Avenue, representing the majority of 400 members of the Old Tovme Preservation Association, noted two applications have been submitted for building out on Culver Avenue. Mr. Keller, 632 E. Culver, submitted an application on November 9, 1999 for five units plus their existing unit. Paul and Eileen Hertfelder, 725 E. Culver, have asked for four units plus their existing unit on October 26, 1999. Mmy Matuzak, 340 S. Grand Street Mattie Link, 801 E. Culver Avenue Douglas Pancake, 556 E. Culver Avenue Patty Ricci, 618 E. Culver Avenue Mm1ha Phelan, 375 S. Pine Street Reasons: Not imposing a moratorium would allow the long drawn-out process to start again and cost the taxpayer; this is a public welfare issue; a moratorium should be imposed until the zoning issue is decided; the density will ruin the neighborhood; the public has the right to request a moratorium; a moratorium provides time for a calm, unhurried analysis; Old Towne is a unique, historic area; rezoning of the entire Old Towne neighborhood should be looked at. SPEAKING IN NEUTRAL POSITION: Barbara DeNiro, (address on file) ********* The City Attorney explained it is likely that the City Council may have to consider development applications under the current zoning if a moratorium is not adopted. This is the reason for the urgency nature of the interim ordinance. In response to Councilman Slater, the Director of Community Development indicated development plans have been received from two property owners on Culver Avenue. Councilman Slater addressed the conflict of interest issue that was raised by several individuals, indicating the owner of the property does not live on, nor has ever lived on the property, and even if the owner did, he would waive his commission in order to be able to vote on this issue, which he has done in the past. Speaking as a realtor, he stated that the highest and best use of Old Towne is not for high rises. Old Towne Orange is an historic district which is what gives it the most value. Councilman Alvarez expressed concern with the revised language contained in Section II of Ordinance No. 25-99. The City Attorney explained the reason for the language was that R-I-6 is the most restrictive alternative the Council would consider. Mayor Coontz commented that PAGE 10 CITY COUNCIL MINUTES November 9, 1999 7. ADMINISTRATIVE REPORTS (Continued) language needs to be added to the Ordinance indicating there is no implication as to what the Cow:lcil's final zoning decision would be. The City Manager clarified that the most restrictive zoning of R -1-6 does allow for a granny flat. The City Attorney proposed the following language to the end of Section I of Ordinance No. 25- 99: "The reason for this restriction is that this is the most restrictive zoning alternative being considered by the City Council. This restriction does not in any way imply or bind the City Council to any particular course of action." Councilman Murphy commented that notification should be sent out on issues like this that have a specific impact on specific property owners and be heard at a 7:00 p.m. session which would provide more opportunity for participation. He believes in the original intent of an urgency measure vs. applying it to this situation, which is a property rights issue. He cannot make the finding that public safety, health or welfare will be protected by this action vs. going through the process of evaluating what the final zoning should be. The City needs to move forward with the analysis as was directed and it be brought back as soon as possible for a final zoning determination. Mayor Coontz commented it has been six years and Council has not moved forward on this issue. In 1993, people in Old Towne promoted the idea of rezoning the entire Old Towne area. The political retaliation on Council at that time on this issue prevented Council from finding a real solution to the lot sizes on the south side of Culver Avenue. We need to focus on this particular area, which is different than other properties in the City. Mayor Coontz favors the interim ordinance which will allow for information to come back to Council from the Planning Commission and a final zoning determination to be made. Councilman Slater commented he is a proponent of notification whenever possible. However, notification for a 45 day interim measure is not necessary in this case because this is an emergency. He does not want to see staff, the public, or the Council have to spend the time or struggle with two more applications, as they did with the one that was denied, while Council is trying to decide what the zoning for the block should be. It is unfair and a waste of taxpayers monies. A 45 day moratorium is nothing compared to the 30-40 years that people have lived on the properties, having had six years to have presented applications. What is driving the applications now is the threat of going back to R-l zoning, not the moratorium. The definition of zoning in the real estate books is to protect the public safety, health and welfare, which is the reason for zoning laws. If the Council does not adopt the moratorium, there is the strong possibility the City will face multiple family rental units on Culver Avenue. Old Towne has enough already and does not need any more multiple family rental units. A vote to support Old Tovme is a vote for the moratorium. Mayor pro tem Spurgeon commented Council can make the zoning decision after it has gone through the Planning Commission. Applications being processed under the existing zoning will be taken on an individual basis. He cannot support the moratorium which would tie up individuals property rights for a year. PAGE 11 CITY COUNCIL MINUTES November 9, 1999 7. ADMINISTRATIVE REPORTS (Continued) Mayor Coontz asked what the legal status is of the current applications, if the moratorium is not adopted? The City Attorney responded the City has 30 days to review the applications and within the 30 day period notifY the applicant whether the application is complete. It is likely the cun:ent applications would be considered under the current zoning. ORDINANCE NO. 25-99 An Urgency Measure of the City Council of the City of Orange adopting an interim ordinance prohibiting specified development on the south side of Culver Avenue, between Shaffer Street and Cambridge Street This Urgency Ordinance shall take effect immediately in order to preserve and protect the public safety, health and welfare. MOTION - Slater SECOND - Alvarez AYES - Slater, Mayor Coontz, Alvarez NOES - Murphy, Spurgeon Moved to adopt Urgency Ordinance No. 25-99, with the additional language added to Section I as noted by the City Attorney. The motion failed. (Motion requires a 4/5ths vote) COUNCILMAN SLATER - MINUTE ORDER: "I understand that this needed to pass by a 4/5ths. The motion failed. I just hope the Council is prepared for a lot more rounds of proposed rental units on Culver while we are waiting to rezone it to R-l." Mayor Coontz commented that regardless of what the outcome is regarding the development proposals, she is disappointed because it has been six years and the City has gotten nowhere. The Planning Commission has tried to do a good job. Council directed them in such a way that we hoped would bring results. Things have changed since 1993. Now granny flats can be placed on properties regardless of the zoning category. Additionally, properties along Cambridge are not large enough to accommodate the R-2 zoning, but are included in the study area. The resolution of the Culver Avenue block has taken more time in the last six years than any other project in the history ofthe City of Orange. 7.2 Report from the Economic Development Director regarding the demolition of former Bank of America building at 345 E. Chapman Avenue and reconstruction as a public parking lot. (A2100.0 AGR-3373) Tape 3440 SUJ\1MARY: Adoption of Resolution No. 9193 authorizes the execution of a Cooperation Agreement in which the Orange Redevelopment Agency will reimburse the City of Orange for costs associated with the demolition of the former Bank of America building, and for design and construction of parking lot improvements to a maximum of $300,000, finding that the improvements are a benefit to the Southwest Redevelopment Project Area and the immediate l-............-___ PAGE 12 CITY COUNCIL MINUTES November 9, 1999 7. ADMINISTRATIVE REPORTS (Continued) neighborhood in which the proposed project is located; that no other reasonable means of financing the improvements are available to the community; that the payment of funds for the cost of the improvements will assist in the elimination of blight in the Southwest Redevelopment Project Area; and that the proposed project is consistent with the Implementation Plan adopted by the Agency. Also authorization to proceed with advertising for asbestos abatement and demolition of the former Bank of America building; authorization to prepare plans, specifications and estimates, and to advertise for the construction of parking lot, landscaping, irrigation and lighting improvements. FISCAL IMPACT: There will be no fiscal impact to the City because the Agency will be paying for the project with Southwest tax exempt bond proceeds. The Director of Economic Development reported the City of Orange purchased the former Bank of America building at 345 E. Chapman Avenue in 1997. The consulting firm of GRE and Associates has prepared economic analysis for alternative uses for the site. Staff recommends the bank building be demolished; the entire site be used for public parking; the driveway on Chapman Avenue be closed and the only entrance be off of Center Street; and the Chapman Avenue frontage be landscaped. Additional trees will be added to the landscaping. Mayor Coontz expressed concern with the statement in the staff report that the property may ultimately be utilized for a new main library or "other public facility." The property was purchased with the idea of enhancing the library in the future. Concern was expressed to staff wh<:n she understood they were considering utilizing the property for other activities, when the goal and the reiteration of the Council was for the property to be used either for the extension of the present Main Library or for a new Main Library. Although the Main Library, was built in 1961, has been renovated and enhanced, it still does not address the needs of the community. Council has set aside monies and asked specifically that monies be set aside every year for the purpose of a new library and to get the Library Foundation going. With the property being used ultimately for a new library or an extension, there is a question about the need for additional trees. Their eventual removal could become arguable. Councilman Alvarez indicated he previously asked that staff look at cul-de-sac on Center Street, north of the property. Mayor Coontz suggested this could be considered once the parking lot is In. Carole Walters, (address on file), read Barbara DeNiro's comments and expressed her comments on this issue. MOTION - Mayor Coontz SECOND - Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 13 CITY COUNCIL MINUTES November 9, 1999 7. ADMINISTRATIVE REPORTS (Continued) Find that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 of the State CEQA Guidelines and authorized the City Clerk to file a Notice of Exemption with the County Clerk per Section 15062 of the State CEQA Guidelines. MOTION - Mayor Coontz SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Adopted Resolution No. 9193 - A Resolution of the City Council of the City of Orange authorizing the execution of a Cooperation Agreement with the Orange Redevelopment Agency relating to public improvements (public parking and landscaping) at 345 E. Chapman Avenue. MOTION - Mayor Coontz SECOND - Alvarez A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized advertisement for asbestos abatement and demolition of the bank building; authorized preparation of plans, specifications, and estimates, and advertisement for construction of parking lot, landscaping, irrigation, and lighting improvements; and directed staff to give Bank of America the required thirty day notice terminating the A TM Lease Agreement on the premises. 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 23-99 (A2500.0) An Ordinance of the City Council of the City of Orange amending Table 17.14.030 and Section 17.114.050 of the Orange Municipal Code relating to large-family day care homes. MOTION - Spurgeon SECOND - Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 23-99 be read by title only and same was approved and adopted by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 14 CITY COUNCIL MINUTES November 9, 1999 11. RECESS TO CLOSED SESSION The: City Council recessed at 6:30 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (two potential cases): 1) Siting of County Jail in Orange's Sphere ofInfluence; and 2)Yorba Park Remediation. b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. 1) Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 78 02 84; and 2) Edna Findley vs. City of Orange, et aI., Orange County Superior Case No. 80 39 46. 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 of Tenms. 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 3920 Mara Brandman, 7319 Equitation Way, speaking on behalf of COPAC, stressed the need for open space and active and passive parks at the R. J. Noble property which is approximately 97 acres located between Lincoln, Glassell and the Santa Ana River; and the Sully Miller site which is approximately 120 acres located east of Hewes Avenue on Santiago Canyon Road. Ms. Brandrnan requested an appraisal be done on both properties for the present use and the City purchase the property because of its great need for open space and recreational parks. Otherwise, the issue should be placed on the ballot for the voters of the City to decide. Councilman Alvarez commented a memo was circulated regarding the two projects relative to the City taking park fees in lieu of a park site. indicating he circulated a memo to the City Manager and Council that he would like more park site. SPEAKING IN OPPOSITION TO LIGHT RAIL (CENTERLINE): Linda Hayes, 164 N. Stevens, presented the next attachment to the October 12"' CenterLine "No Build" petition and commented on OCTA's staff recommended alignment just released. (T2200.1.4.D) PAGE 15 CITY COUNCIL MINUTES November 9, 1999 12. PUBLIC COMMENTS (Continued) Carole Walters, (address on file) Lenore Morrell, 412 So. Bedford Road Max Moore, 405 S. Devon Dee Hutchinson, 442 S. Crest Road Marcie Matthews, (address on file) Gilbert Castrejon, 574 S. Bedford Jennifer Christian, 155 N. Stevens Street, expressed opposition to the light rail and the proposed sports park on Walnut Avenue and concern with the notification process. What is in place for the proltection of the citizens? What is the City's opinion as to why citizens shouldn't pursue taking these issues to the ballot? Mayor Coontz responded to Ms. Hutchinson's misinterpretation of comments made in an L A. Times article relative to CenterLine. Ms. Christian was asked to direct her questions to the City Attorney. In response to Ms. Christian's comments, Mayor Coontz stated that the City of Orange is very strong on public notification and goes well beyond what is required by law. Shelley Perras, (address on file), asked why the property owner was paid for the inconvenience and use of the parking spaces during the ChapmanlMain construction and spoke in opposition to the light rail. Marilyn Ganahl, 20351 Lewis Drive, spoke regarding the successful outcome of the Barham Ranch lawsuit. The Serrano Water District is free to settle and negotiate and sell the land. 13. ADMINISTRATIVE REPORTS Tape 5710 13.Jl Appeal of the City Traffic Commission decision denying the installation of "AII- Way" STOP signs at the intersections of Handy/Quincy and Handy/Monroe. (S4000.S.3.3) SUJV1MARY: The City Traffic Commission denied staffs recommendation for the installation of "All-Way" STOP signs on Handy St. on a temporary basis. Some area residents have appealed the Commission's decision to the City Council for further consideration. The Director of Public Works gave a brief overview of the history of traffic volumes and speed issues on Handy Street. With the freeway construction going on in the area, there is more traffic on Handy and the speed problems remain. Staff recommended the interim installation of stop signs to evaluate the effectiveness for speed control. The City Traffic Commission had concerns related to safety and liability and denied the request, which was subsequently appealed by an area resident. Mayor Coontz commented staff made the recommendation for stop signs, as all other proposals for traffic calming could not be achieved on Handy Street. Eleven strategies for traffic calming were reviewed. PAGE 16 CITY COUNCIL MINUTES November 9, 1999 13. ADMINISTRATIVE REPORTS (Continued) SPEAKING IN FAVOR OF THE APPEAL: Appellant, Russel Monroe, 2505 E. Locust Avenue, commented since the closure of Walnut Awnue, traffic has increased to 4,000 cars per day, 80% which exceed the 25 mph speed limit, the average speed being 39 mph. Standardized neighborhood calming devices are to be looked at and will not come back for consideration until March, 2000. The Director of Public Works indicated the study would include all physical types oftraffic calming devices. Mark Levy, 2441 E. Collins Avenue Ronald Rust, 1129 N. Handy Street Nick Arhontes, 2116 E. Wilson Avenue Reasons: Residents deserve some interim relief from speed and traffic volume on Handy; speed hump moratorium was imposed; residents have bargained and negotiated in good faith and are open to compromise. SPEAKING IN OPPOSITION TO THE ApPEAL: Bill Lanning, 2632 E. Adams Robert Elms, 2438 Quincy Avenue Jake Janzen, 2622 E. Jackson Barbara DeNiro, (address on file) Reasons: Appeal is fallacious; Traffic Commissioners were appointed unanimously by Council; property depreciation; noise; speed limit needs to be enforced; need more active motorcycle patrol. ******** Mayor Coontz commented on the issue raised by someone who had received a speeding ticket; felt he should not have received it; and fought the matter. The State of California 85th percentile requirement, instead of helping matters, increases speed. Every year the City has to check on the prevailing speed, which always goes up instead of down, and creates a safety problem throughout the City. Mayor Coontz requested Sergeant Bob Green explain the 85th percentile; enforcement issues including how many tickets have been given; and what is involved with mobile units and the opinion of Police Department. Police Sergeant Bob Green who has been involved with this particular area since September, 1997, reported the residents have been very concerned about speeding and is a quality of life issue for them. The Police Department has been actively enforcing the speed limit with motorcycle officers. There was a heavy enforcement effort in FebruarylMarch of this year with approximately 200 plus speeding tickets written. The 85th percentile is up to 38-39 mph. The Traffic Division posted two signs north and south bound on the street to bring up the awareness of the 25 mph speed limit. Handy Street is being utilized as a quick way to go around Tustin PAGE 17 CITY COUNCIL MINUTES November 9, 1999 13. ADMINISTRATIVE REPORTS (Continued) Street construction. The City does not have photo radar for speed but is looking into photo red light enforcement for arterial streets. Handy Street is carrying 4,500 vehicles per day at this time:. The Police Department recommends posting the intersection with 4-way stops temporarily getting before and after studies and evaluating the effect on the 85th percentile on the speed situation. The Director of Public Works commented on radar which has been installed in other cities and legal problems which occurred. More information is needed on this issue. COUNCIL DISCUSSION: Councilman Murphy felt the temporary stop signs placed on an interim basis will allow information to come back to Council to see the effects while moving forward on a permanent solution to solve the prima facie speed problems on Handy. Mayor Coontz commended the committee which had to struggle at times with different opinions. Also commended were Police Sergeant Green, Hamid Bahadori, Traffic Engineer and the Din~ctor of Public Works for all their hard work. Appreciation was expressed to the Traffic Commission for their decisions as an advisory commission to the Council. Councilman Spurgeon concurred with the Police Department and Traffic Division's recommendation. Councilman Slater agreed with the Traffic Commission, but felt on an interim basis temporary sigrls should be installed. Co~mcilman Alvarez supported the interim stop signs but wanted to keep an open mind regarding the use of speed humps if this does not work out. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the temporary installation of all way stops at the intersections of Handy and Quincy and Handy and Monroe with a six month review of the installation or at such time as the revised Neighborhood Traffic Management Program is brought back to Council whichever comes first. 14. PUBLIC HEARINGS 14.1 TRASH COLLECTION FEES Tape 589 The public hearing for the purpose of considering adoption of specified fees for trash collection has been continued from October 26,1999 to this time. (C2500.M.l) PAGE 18 CITY COUNCIL MINUTES November 9, 1999 14. PUBLIC HEARINGS (Continued) Stlif Presentation The Director of Public Works reported the Pilot Program for the automated trash system will begin November 29, 1999 in a limited area of the City. The rest of the City will get the automated trash system beginning January 1,2000, with the entire City on the system by the end of March. With automated collection, the City should be able to reach the mandated level of diversion. The current residential customer rate is $9.10 per month for single family units and will rise to $10.25. The Director of Public Works reviewed the rate history. It was noted the $10.25 rate for 2000 is actually less than the rate was several years ago. The 3-yard commercial bin rate is among the lowest in the County at $77.61 for once per week pick-up. Included in the resolution are some rates for additional services that are in a voluntary category. In the past some of these services were offered by the prior service provider. The City did not regulate those rates. Arrangements were made between the customer and company. Waste Management requested the City include these special service rates in the new resolution which formally establishes a maximum limit on the charges. The primary reason for the increase in the residential rate is the addition of the green waste program which will go hand in hand with the automation collection. In order to meet the divf:rsion requirements mandated by the State, the City has to make a good faith effort to institute certain programs to assure that level will be met. In response to Councilman Alvarez's questions, the City Attorney indicated the main reason the items were not included because during negotiations the parties only looked at services that were previously regulated. It was noticed that without City regulation, the hauler could create any price structure they wanted. The City Attorney's Office thought since these services were part of the franchise and as such, all rates the waste hauler charges should be included. The City is setting as a cap as the maximum amount that could be charged by the waste hauler. Councilman Alvarez asked how the people on the pilot program were going to be charged? The Director of Public Works indicated they would be charged at the current rate of $9.10 per month. The new charges will not be instituted until March, 2000 when the entire City is receiving automated trash service. Mayor Coontz asked if the additional services which the Council is not familiar with were unfamiliar to the staff or was this discovered when the new contract was being discussed? The City Attorney replied some services that are now listed were not provided by the former waste hauler. There is another set of services that were provided by the waste hauler that staff was aware of, but felt there was not a need to regulate those rates. It was thought if it is a service provided as part of the franchise and the City has the power to regulate the rates, it should be included in the resolution and in the franchise. Rates could be changed during the annual review. MAYOR COONTZ OPENED THE PUBLIC HEARING. PAGE 19 CITY COUNCIL MINUTES November 9, 1999 14. PUBLIC HEARINGS (Continued) Carole Walters, address on file, expressed concern that the former waste hauler's employees were courteous and helpful and asked if this would continue with the new waste hauler? Barbara DeNiro, address on file, asked the following questions: Is commercial recycling? If the $4.5 million fraud money is recovered, what will happen to that? If this is a IO-year contract, can the rates change next year? Explain the extra cart charge per month? The City Attorney indicated commercial is recycling. The total package the City settled with ODS/ORRS was approximately $9.25 million. Of that amount $8.25 million is being used to subsidize rates which means over a 10 year period that money is being returned to the rate payers. Currently there is a criminal action pending against Jeff Hambarian which the District Attorney will be seeking restitution; and also a civil action pending against Jeff Hambarian, BKK and others. Depending on the recovery there could be additional subsidies over the 10 year agmement. A portion of that money will be used to reimburse the City for the consultants, police, and others working on the investigation. However, that decision has not been made by the Council. Under the current contract, the waste hauler is entitled to come back every year for a rate adjustment based on a specified Consumer Price Index which is tailored to those prices that affect the waste industry. Gaye Soroka, representing Waste Management of Orange, wanted to assure the Council their drivers are cooperative and friendly with residents. Regarding the commercial billing under the contract, the additional charges on the rate sheet were being charged. These are not new charges. It was felt the maximum rates should be spelled out so there is no question about whether or not someone is being treated fairly. Councilman Alvarez asked why Waste Management's employees are being moved to Santa Ana if Orange was to be an independent franchise? Ms. Soroka indicated Orange is a stand-alone division of Waste Management. After reviewing the technology and phone system in Orange, it was decided to have the calls be transferred to the call center located in Santa Ana. MAYOR COONTZ CLOSED THE PUBLIC HEARING. RESOLUTION NO. 9188 A Resolution of the City Council of the City of Orange revising charges for trash collection and disposal services. MOTION - Slater SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez That Resolution No. 9188 as introduced be adopted and same was passed and adopted by the preceding vote. PAGE 20 CITY COUNCIL MINUTES November 9, 1999 14. PUBLIC HEARINGS (Continued) 14.2 AMENDMENT TO THE OLD TOWNE DESIGN STANDARDS Tape 1669 Time set for a public hearing to consider amending the Old Towne Design Standards to clarify and establish City policy which will identifY the appropriate use of building materials on historic and non-historic structures in Old Towne. In addition, consideration to amend the City's Environmental Review Guidelines to add a new section addressing historic resources. These amendments will ensure the protection of historic resources and streamline the development review process for projects which comply with City procedures and the Old Towne Design Starldards. ((C2300J) The Planning Manager reported these new policies will assist all of the City's reviewing bodies to more effectively and efficiently implement the goals of the City's General Plan. This is a culmination of a nine month public process which has included input from a wide variety of community perspectives. Five public workshops have been held with the Planning Commission and one with the new Design Review Committee. Two goals were established: 1) to clarifY the appropriate use of materials on historic and non-historic structures and 2) streamline the devdopment review process for projects which comply with these new rules, the Old Towne Design Standards and the Secretary of the Interior's Standards. The proposed revisions will 1) more clearly state the City's policy regarding when it is appropriate to use alternate materials and when it is appropriate to use original or in-kind material; 2) modifY the Old Towne Design Standards slightly to reflect City Council action regarding the Design Review process and new Design Review Committee; 3) expand the local CEQA guidelines to make them consistent with State Law; 4) streamline the development review process for those projects following the rules; and 5) save applicants both time and money. The Planning Commission and Design Review Committee are recommending approval. Mr. Robert Chattel, the City's Historic Preservation Consultant, reviewed Attachment 3, Use of Appropriate Materials which is based on case studies. Texture and color are extremely important and this policy establishes that retention, repair and restoration of those historic materials is important. Attachment 2, the modifications proposed to the local CEQA Guidelines will streamline the process. One of the exemptions is for a project which conforms with the Secretary of Interior's Standards for treatment of historic properties, that project would be exempt from CEQA, ifno other environmental concerns exist. This will add a new section and recognize the State CEQA exemption. Mayor Coontz asked who will be the point person to make the decision on the use of proper materials? The problem in the past has been, "who is making the decision and the basis of the decision?" In the past, different staff members have made different recommendations and decisions at the counter regarding design guidelines. What is the next step to get positive results? The Planning Manager indicated staff is authorized to review and make certain minor decisions at the public counter and will then provide an analysis to submit to the Design Review Committee. A training program will be provided for staff and presented to Council at a later PAGE 21 CITY COUNCIL MINUTES November 9, 1999 14. PUBLIC HEARINGS (Continued) date. The Design Review Committee reviews most of the Old Towne projects and makes a final determination or recommendation to the Planning Commission or Council. Councilman Alvarez asked about Attachment 2, Page 4 and 5 - exemptions on the in-fill development projects - how would that apply on South Culver Street - if there is an existing building stock that does not reflect what can be built in rear yards. Mr. Chattel indicated this would not exempt all projects that are in-fill projects. It would exempt those project that do not adversely affect the adjacent historical resources. The initial decision with respect to whether there is some level of substantial adverse change is made by the Community Development Director that could judge either the project as exempt or not exempt from CEQA. The reason this element of the Local CEQA Guideline is here is because we looked at case studies and projects that have gone through the process. To evaluate the relative success of the use of design standards and how CEQA is being applied, projects were looked at throughout the city and in most cases there were minor impacts on historical resources, but impacts could become greater as devdopment pressure becomes greater. MAYOR COONTZ OPENED THE PUBLIC HEARING. Barbara DeNiro, address on file, asked are the guidelines now being sought for non-historic encompassing non-complying properties in Old Towne? Is the suggestion of appropriate materials valid now when resources are different in years past and can be expensive in restoring structures? Are double paned windows required now in the interest of energy preservation, efficiency and noise attenuation as are in some areas? Problem when referring to the Secretary of Interior and CEQA almost god-like. Gloria Boice, 143 N. Pine St, commented on the guidelines with respect to in-fill structures be more rigid. Concern was expressed in CEQA Guidelines - Section 15046.7 and the initial stat.ement threatens loss through destruction of the qualities which causes the original formation of the local district and Ms. Boice is afraid those might be ineffectual. Would like to see precise statements that when people go to the counter know exactly what they can do and what they can't do in Old Towne. Please defer approval until a close look is taken at the thresholds. Anne Siebert, 340 S. Olive, speaking on behalf of Old Towne Preservation Association Board of Directors, commented the document is good and results positive. However, staff needs to provide brochures at the counter depicting specifics. MAYOR COONTZ CLOSED THE PUBLIC HEARING. Councilman Slater asked if someone does not agree with the opInIOn of the Community Development Director in terms of the thresholds for cumulative impacts, what are the options at that point? PAGE 22 CITY COUNCIL MINUTES November 9, 1999 14. PUBLIC HEARINGS (Continued) The Planning Manager indicated if concerns are expressed staff will provide them with the statutes used to make those determinations. Staff is working on brochures which will explain the process and identify how staff persons will be making certain decisions to assist all applicants, which will be presented the first of next year. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to find that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15308. MOTION - Murphy SECOND - Alvarez AYES - Murphy. Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the proposed revisions to the Local Environmental Review Guidelines, adding Section IV. Historical Resources and Environmental Review including, renumbering other sections and changing the name of the document to "Local CEQA Guidelines" for consistency with State CEQA language. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the proposed revisions to Use of Alternate Materials policy, Appendix B to the Old Towne Design Standards, including changing the name of "Use of Appropriate Materials." MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the proposed minor modifications to Old Towne Design Standards to reflect: a.) changes to the Use of Appropriate Materials policy, b.) addition to the Local CEQA Guidelines and c.) recent City Council actions modifYing the Design Review Process. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 23 CITY COUNCIL MINUTES November 9, 1999 15. PLANNING AND ENVIRONMENT - None Moved to instruct the Community Development Director to agendize, after the first of the new year, as an Administrative Report the Support Material Manual indicating to Council the educational program, policies and direction for staff. 16. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez THE CiTY COUNCIL RECESSED TO CLOSED SESSION AT 10:00 P.M. AND RECONVENED FROM CLOSED SESSION AT 10:30 P.M. The City Council adjourned at 10:30 p.m. {11tf/,,,~(~ti/AA-/ CASSANDRA J. HCART, CMC CITY CLERK JOANNE COONTZ MAYOR PAGE 24