05-11-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON MAY 25, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 11, 1999
The City Council of the City of Orange, California convened on May 11, 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
Harry Thomas, Director of Public Works
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Coontz announced Norm Phillips, a valued resident of the City of Orange, passed
away suddenly on Sunday, May 9th from an apparent heart attack. Condolences were
extended to the Phillips family. His granddaughter, Michele Delaney and great-
granddaughter, Taylor Lyons accepted the memorial adjourrunent certificate on behalf of
the family.
Mayor Coontz announced the 4th Annual Earth Day celebration was held at Hart Park on
April 24th in partnership with the Orange Community of Girl Scouts. Plaques were
presented to the following event sponsors: Villa Ford and the Ford Motor Company,
West Coast Arborists, Orange Community of Girl Scouts, and Tustin Meadows Nursery.
Mayor Coontz reported on the recent unveiling of a section of the Berlin Wall in the new
Liberty Plaza at Chapman University and the National Day of Prayer on May 6th.
2.
PUBLIC COMMENTS
Tape 449
Shirley Grindle, 5021 S. Glen Arran, commented on the establishment and makeup of the
Orange Park Acres Committee, indicating she was a member on the original Orange Park
Acres (OPA) Committee that drew up the OPA Plan. The members of the Committee
were carefully chosen so that no one entity would dominate the process, and that the
interests of City, the County, and OPA were represented. The City and County of Orange
adopted the same East Orange Plan and makeup of the OPA Committee. A letter from
Supervisor Ralph Clark dated December 10, 1973 was read relative to the makeup of the
OPA Committee in which two members would be appointed by the Board of Supervisors;
PAGE 1
CITY COUNCIL MINUTES
May 11, 1999
2. PUBLIC COMMENTS (Continued)
two by the OP A residents/landowners, and two by the City of Orange. One of the big
concerns was to have people appointed who lived in the area. The County does not need
to continue to be represented as there is little undeveloped County area in OP A. The
Committee needs to be kept non-political and ensure that all interests are fairly
represented. (OR1800.0.26.l)
Mayor Coontz noted this issue will be agendized and addressed at a future Council
meeting. Research has been done and background information has been obtained. The
five appointments to the Committee have always been unanimously approved by the
Council. For the first time in history, the reorganized OPA Committee members will be
provided a background and copy of the OPA Plan. The goal of the City is to provide a
procedure to receive good advice to the Council from all the committees who work at the
pleasure ofthe City Council.
Councilman Alvarez asked the City Attorney if the Orange Park Acres Committee could
be agendized and reexamined, expressing concern with the procedure involved in the
formation its Committee. The City Attorney responded the issue could be agendized. He
explained that State law allows the Mayor to make all appointments to Committees,
Boards and Commissions. The appointments made were done in strict accordance with
the law. Since appointments have been made, the current positions would have to be
terminated, and Maddy Act requirements followed relative to unscheduled vacancies.
Through the Mayor, new recommendations would need to be made for Council approval.
Councilman Alvarez requested the matter be agendized for the second Council meeting in
June.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, requested the recent
appointments to the OPA Committee be set-aside and Council consider holding a meeting
and/or series of meetings with staff and OPA representatives to reorganize the
Committee. County appointments to the Committee should no longer be considered. It
was recommended the OPA Committee be comprised of five members with two County
representatives until annexation, two City residents, and one representative nominated by
the OPA Homeowners Board.
Carole Walters, (address on file), commented on the former Acting Police Chief suing a
resident; asked the City Attorney what the term "misuse of power in office" means; and
said the public hearing held relative to Item No. 13.1 on the agenda was not closed.
Mary Ann Daniels, 5114 E. Muir Drive, expressed concern that Code Enforcement has
told her the basketball court in her cul-de-sac needs to be removed for the new street
sweeper to clean. How will she be reimbursed for the thirteen years she has paid her
gardener to clean the cul-de-sac if the basketball court has to be removed? Mayor Coontz
responded the City Manager would handle the issue.
PAGE 2
CITY COUNCIL MINUTES
May 11,1999
2. PUBLIC COMMENTS (Continued)
Councilman Murphy suggested consideration of following the original OP A Committee
guidelines of having the OP A Association Board submit a designate, if a vacancy occurs
soon. This part of the process has not changed over 20 years in terms of the activity level
of the OP A Board and their contributions.
Councilman Slater expressed interest in agendizing the issue to receive a report from staff
with the Committee's background, etc. He would like information relative to what the
intent was, what the rules were, and whether procedures were being followed for the
Committee. At the prerogative of Council, he would like to revisit the appointments,
indicating he would have been more comfortable replacing all members on the
Committee, rather than removing and replacing two members.
3.
CONSENT CALENDAR
Tape 1350
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of May 11, 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 ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated April 22 and 29,1999.
Note: Councilman Murphy abstained on this item due to potential conflict with his
employment.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting, April 19,
1999 and Regular Meeting April 27, 1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
PAGE 3
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Supplemental Services Agreement with Affiliated Computer Systems (ACS) to
conduct a Management Information Systems Strategic Long Range Plan. (A2100.0
AGR-0978.C.2)
SUMMARY: The goal of Management Information Systems Strategic Long Range Plan
is to establish a master plan for the acquisition and implementation of the information
technology resources.
FISCAL IMPACT: The project cost is $50,000. Sufficient funds are budgeted in FY
1998-99 MIS budget, 780-1601-426700-0000 (MIS Professional Consulting).
Note: The City Attorney noted the correct name of the contracting party is ACS
Enterprise Solutions, Inc. Councilman Murphy abstained on this item due to potential
conflict with his employment
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
3.6 Cooperative Agreement with Orange County Transportation Authority (OCTA) to
equally share the $125,361.00 cost for preliminary engineering and environmental
documentation for the SR-22 Fwy./The City Drive interchange improvements.
(A2100.0 AGR-3248)
SUMMARY: Preliminary engineering and environmental documentation for the SR-
22/West Orange County Connection is being prepared by OCTA. The City of Orange
has already prepared a Project Study Report (PSR) for the SR-22/City Drive interchange
improvements which was approved by Caltrans in October 1998. An opportunity to
incorporate this interchange modification into OCTA's project has surfaced which will
facilitate the SR-22/The City Drive project implementation.
ACTION: Authorized the City Manager to negotiate a cooperative agreement with
OCTA to equally share the $125,361 cost for preliminary engineering and environmental
documentation for SR-22/The City Drive interchange improvements; and authorized
Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: The City's share for this study is $62,681.00. This will be paid to
OCTA upon completion of the study which is anticipated in the FY2000-0 1. The funding
sources for this payment will be as follows:
#284-5011-483300-3823 (SR-22/City Dr. Feasibility Study)
#220-5022-483300-3127 (Gas Tax 2105)
$21,582.00
41.099.00
$62,681.00
Total
PAGE 4
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
BIDS
3.7 Award of Contract - Bid No. 989-34j Project SP-3255; 1998-99 Community
Development Block Grant (CDBG) Street Reconstruction for Oak Street from Palm
Avenue to Walnut Avenue; and Windgap Drive from Compton to 350 feet south.
(A2100.0 AGR-3252)
SUMMARY: The construction improvements to be completed as part of this project
include the replacement and reconstruction of the existing asphalt concrete surfacing,
repair of displaced or broken concrete curbs, gutters, sidewalks and driveways. The
project is funded by the Community Development Block Grant Program.
ACTION: Awarded a contract in the amount of $172,173.00 to R. J. Noble Company,
15505 E. Lincoln Avenue, Orange, CA 92856 and authorized the Mayor and City Clerk
to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 310-9645-483300-3025 $48,340 (Community
Development Block Grant) 310-9645-483300-3025 $185,450 (Community
Development Block Grant)
3.8 Award of Contract - Bid No. 989-37; Fire Headquarters Roof Replacement
(A2100.0 AGR-325l)
SUMMARY: The Fire Headquarters Roof (Station One, 176 S. Grand St.) has been
scheduled for replacement in the approved 1998-99 budget.
ACTION: Awarded a contract in the amount of $49,799.00 to Coast Roof Company Inc.,
2301 East Orangethorpe Ave., Fullerton, CA 92834 and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available In the Facility Maintenance
Account #565-7028-485100-2511.
3.9 Arterial Highway Rehabilitation Program - Chapman Avenue Pavement
Rehabilitation from Grand Street to Cambridge Street (SP-3239C)j approval of
Plans and Specifications and Advertising for Bids. (S40000.S.7)
SUMMARY: Plans and Specifications have been completed for the Chapman Avenue
Rehabilitation Project from Grand Street to Cambridge Street. The project is ready to be
advertised. The estimated construction cost is $266,000.
ACTION: Approved plans and specifications and authorized advertising for the
Chapman Avenue Pavement Rehabilitation Project from Grand Street to Cambridge
Street.
PAGE 5
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are proposed in the Fiscal Year 1999-00 Capital Improvement
Program in the following account: 550-5011-483300-3208 $345,188 (Arterial Highway
Rehabilitation Program).
3.10 Arterial Highway Rehabilitation Program - Chapman Avenue Pavement
Rehabilitation from Cambridge Street to Tustin Street (SP-3239D); approval of
Plans and Specifications and Advertising for Bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Chapman Avenue
Rehabilitation Project from Cambridge Street to Tustin Street. The project is ready to be
advertised. The estimated construction cost is $387,000.
ACTION: Approved plans and specifications and authorized advertising for the
Chapman Avenue Pavement Rehabilitation Project from Cambridge Street to Tustin
Street.
FISCAL IMP ACT: Funds are proposed in the Fiscal Year 1999-00 Capital Improvement
Program in the following accounts: 550-5011-483300-3207 $132,370 (Arterial
Highway Rehabilitation Program), and 272-5011-483300-3207 $308,862 (Gas Tax
2105).
3.11 Arterial Highway Rehabilitation Program - Glassell Street Pavement Rehabilitation
from Maple Avenue to Walnut Avenue (SP-3239E); approval of Plans and
Specifications and Advertising for Bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Glassell Street
rehabilitation Project from Maple Avenue to Walnut Avenue. The project is ready to be
advertised. The estimated construction cost is $592,900.
ACTION: Approved plans and specifications and authorized advertising for the Glassell
Street Rehabilitation Project from Maple Avenue to Walnut Avenue.
FISCAL IMPACT: Funds are proposed in the Fiscal Year 1999-00 Capital Improvement
Program in the following accounts: 550-5011-483300-4004 $97,388 (Arterial Highway
Rehabilitation Program), and 272-5011-483300-4004 $500,000 (Gas Tax 2105).
3.12 Arterial Highway Rehabilitation Program - Tustin Street Pavement Rehabilitation
from Chapman Avenue to Collins Avenue (SP-3239B); approval of Plans and
Specifications and Advertising for Bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Tustin Street
Rehabilitation Project from Chapman Avenue to Collins Avenue. The project is ready to
be advertised. The estimated construction cost is $1,040,000.00.
PAGE 6
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertising for the Tustin
Street Pavement Rehabilitation Project from Chapman Avenue to Collins.
FISCAL IMPACT: Funds are proposed in the Fiscal Year 1999-00 Capital Improvement
Program in the following accounts: 550-5011-483300-4037 $732,025 (Arterial
Highway Rehabilitation Program), 272-5011-483300-4037 $1,079,836 (Gas Tax 2105),
and 262-5011-483300-4037 $400,000 (Measure M).
3.13 Arterial Highway Rehabilitation Program - Tustin Street Pavement Rehabilitation
from Fairhaven Avenue to Chapman Avenue (SP-3239A); approval of Plans and
Specifications and Advertising for Bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Tustin Street
Rehabilitation Project from Fairhaven Avenue to Chapman Avenue. The project is ready
to be advertised. The estimated construction cost is $1,075,000.
ACTION: Approved plans and specifications and authorized advertising for the Tustin
Street Pavement Rehabilitation Project from Fairhaven Avenue to Chapman Avenue.
FISCAL IMPACT: Funds are proposed in the Fiscal Year 1999-00 Capital Improvement
Program in the following accounts: 550-5011-483300-4037 $732,025 (Arterial
Highway Rehabilitation Program), 272-5011-483300-4037 $1,079,836 (Gas Tax 2105),
and 262-5011-483300-4037 $400,000 (Measure M).
3.14 KateIla Avenue Traffic Signal Interconnect - Approval of Plans and Specifications
and Advertising for Bids. (S4000.S.3.3)
SUMMARY: This project provides an interconnect communications link for all of the
traffic signals on Katella Ave. between the SR-55 Fwy. and Struck Ave. It will also
provide future opportunities for Closed Circuit TV's and interaction between the Traffic
Management Centers of City of Orange, Anaheim and Caltrans.
ACTION: Approved plans and specifications and authorized advertising for the Katella
Ave. Traffic Signal Interconnect project between the SR-55 Fwy. and Struck Ave.
FISCAL IMPACT: The estimated construction cost of $288,792.00 for this project is
available in the following accounts:
#284-5011-483100-6462 (Katella Interconnect Proj ect) $ 39,328.00
#550-5032-483100-6462 (Reimbursable from OCTA 250.000.00
SIP Component of Measure M)Total $289,328.00
PAGE 7
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
3.15 CLAIMS (C3200.0)
a. Samuel Cooper
b. Diarme Gonzalez
c. Orquidea Chavez
d. Irene Lennard
e. Maria Esther Huidabro Lopez
f. Serafin Espindola Rojas
g. Vittorio Vasquez
h. Eva Santoyo
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Project No. 4039 - Award of Professional Services Contract for La Veta Avenue
Widening from Main Street to Parker Street. (A2l00.0 AGR-3250)
SUMMARY: This contract authorized the consultant to complete field surveys, right-of-
way engineering, and preparation of plans, specifications and cost estimates for the La
Veta Avenue Widening Project from Main Street to Parker Street.
ACTION: Authorized appropriation of $8,500.00 from fund 530 to Account No. 530-
5011-483400-4039 for La Veta Avenue Widening Project for design engineering, project
administration and contingencies; authorized appropriation of $63,500.00 from fund 272
to Account No. 272-5011-483300-4039 for La Veta Avenue Widening project for design
engineering, project administration and contingencies; awarded a contract in the amount
of $91,800.00 to Merit Civil Engineering, 283 N. Rampart Street, Suite E, Orange, CA
92868, and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: Funds are budgeted and are available in the following accounts:
530-5011-483400-4039 $ 8,500.00 (Drainage District), 272-5011-483300-4039
$63,500.00 (Gas Tax), and 286-5011-483300-4039 $45,000.00 (TSIA - JPA)
3.17 Contract with the Mall of Orange to hold annual C.O.P.S. Expo. (A2l00.0 AGR-
1372)
SUMMARY: The Annual C.O.P.S. EXPO will be conducted at the Mall of Orange June
5th from, 10:00 a.m. to 7:00 p.m. and June 6th from 11:00 a.m. to 6:00 p.m.
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None.
PAGE 8
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
PERMITS
3.18 Finding of public convenience and necessity to allow the sale of beer and wine at
1095 N. Glassell. (P1300.0.2)
SUMMARY: Conditional Use Permit 2263-98 was approved by City Council on
February 9, 1999, however Alcoholic Beverage Control (ABC) regulation requires
approval of this finding prior to issuing their license. The applicant, Mike Ali, is
requesting the City Council make a finding of public convenience and necessity to allow
the sale of beer and wine for the purpose of off-site consumption at a reopened market
located at 1095 N. Glassell Street.
Note: Councilmen Alvarez and Slater recorded a no vote on this item which was
consistent with their no vote at the public hearing on this issue dated 2/9/99.
FISCAL IMPACT: None.
ACTION: Made a finding that public convenience and necessity is served by issuing an
Alcoholic Beverage Control type "20" off-sale beer and wine license for a reopened
market at 1095 N. Glassell Street.
RATIFICATION OF DECLARATION OF EMERGENCY
(REMOVED AND HEARD SEPARATELY)
3.19 Review the existence of a local emergency as declared on April 1, 1999 and ratified
in Resolution No. 9094 and as amended by Resolution No. 9103 (Vista Royale
Tract). (C2500.E.6)
The Assistant City Attorney reported the adoption of Resolution No. 9113 became
necessary due to the order of evacuation signed by the City Manager as Director of
Emergency Services last Wednesday, May 5th. The residents in the five homes in the
Peralta Pointe (Vista Royale Tract) neighborhood were given until Monday, May 10th to
evacuate due to a sewer line break discovered last week, and not due to any new
movement discovered. The break was different than others as it was along the length of a
pipe, indicating a compression on the pipe. Due to discussions with the Public Works
Director and others, it was felt the City could not ensure the integrity of remainder of the
length of the pipe once the one location was fixed. Water was ordered to be turned off to
the homes to stop anything from going into the sewer system. The $10,000 appropriation
request is to cover emergency expenses for a security fence put up and to hire a security
guard for the area.
The land movement issue became first aware to the residents of Peralta Pointe before it
came to the City's attention. A lawsuit was filed by the homeowners before the City ever
PAGE 9
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
got involved. More than six months ago, a letter from the City was sent to all the
residents advising of the movement, expressing concerns of the City, and addressing the
ongoing investigation which included monthly reviews of the sewer lines. Letters to the
residents and the Declaration of Emergency of April 1, 1999 advised everyone in Peralta
Pointe and in the immediate area of Vista Royale (Vista Crest area), that they need to be
aware they could be ordered out at any time if certain movement occurred. Residents
were told approximately six months ago, in April, and many times since then, that they
should already have their important personal belongings taken care of. The residents
were told by their own experts, as well as the City approximately six months ago, that if
the hill had a sudden movement, they could be ordered out immediately. It appears that
the residents in Peralta Pointe did not remove items and now have indicated they were
given very short notice to evacuate.
RESOLUTION NO. 9113
A Resolution of the City Council of the City of Orange continuing the proclamation of
the existence of a local emergency and ratifying the order of evacuation.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 9113 as introduced, be adopted and same was passed and
approved by the preceding vote; and appropriate $10,000 to Account No. 100-0301-
427800 (General Fund-City Attorney-Contractual Services).
RESOLUTIONS
3.20 RESOLUTION NO. 9097 (C2500.N)
A Resolution ofthe City Council of the City of Orange reclassifying certain city positions
within the City's Community/Library Services Department.
ACTION: Approved.
3.21 RESOLUTION NO. 9104 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Detective Robert Taylor of the Orange Police Department and commending him for more
than twenty-one years of loyal and dedicated service.
ACTION: Approved.
PAGE 10
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
3.22 RESOLUTION NO. 9105 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Sergeant Stanley Gabel Jr. of the Orange Police Department and commending him for
more than thirty years ofloyal and dedicated service.
ACTION: Approved.
3.23 RESOLUTION 9106 (A2l00.0 AGR-3249)
A Resolution of the City Council of the City of Orange approving the execution of State-
Local Entity Master Agreement No. SLTPP-5073 for the State-Local Transportation
Partnership Program (SL TPP).
ACTION: Approved.
3.24 RESOLUTION 9107 (S4000.S.3.7)
A Resolution of the City Council of the City of Orange requesting the Orange County
Transportation Authority to allocate Combined Transportation Program Funds for
acquisition of right-of-way for the La Veta Avenue and Glassell Street Intersection
Widening, Project No. 95-0RNG-1149.
Note: Councilman Slater abstained due to a property interest at 222 E. LaVeta located
within 300 feet of the La VetalGlassell intersection.
ACTION: Approved.
3.25 RESOLUTION 9108 (A2l00.0 Agr-3249.00l)
A Resolution of the City Council of the City of Orange approving the execution of
Program Supplement Agreement No. 001 to State-Local Entity Master Agreement No.
SLTPP-5073 for transportation improvement projects which will fund a portion of
construction cost for the widening of Cannon Street (Loma) from Santiago Canyon Road
to Lexington Avenue.
ACTION: Approved.
3.26 RESOLUTION NO. 9110 (A4000.0 APP-448)
A Resolution of the City Council of the City of Orange overruling the decision of the
Planning Commission of the City of Orange and upholding Appeal No. 448, granting a
Variance to allow the construction of a six-foot eight-inch high fence within the front and
side yard setback of property located at 706 East Walnut Avenue. This action was
PAGE 11
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
previously approved by the Council on February 23, 1999. Appeal No. 448; Variance
No. 2050-98; Applicant and Appellant: Fred E. Peters
Note: Councilman Slater reported the conflict of interest that caused him to abstain on
this item at the February 23, 1999 meeting has been removed and he recorded a no vote
on this item at this time.
ACTION: Approved.
SPECIAL EVENTS
3.27 Request for temporary suspension of permit parking restrictions within Permit
Parking Area "D" and "G", for a special event. (S4000.S.3.1.2)
SUMMARY: The Department of Community and Library Services will host the 4th
Annual July 3n1 Celebration at EI Modena High School's Kelly Field. Due to anticipated
attendance it may be necessary to park in the surrounding residential neighborhood
adjacent to the stadium, which restricts on-street parking except by Permit.
ACTION: Approved the request of the Department of Community and Library Services
and suspend the permit parking restrictions (Area D & G) on Saturday - July 3n1, 1999.
FISCAL IMPACT: None.
3.28 Request for temporary street closure of Walnut Ave. between Orange St. and
Center St., and the suspension of permit parking restrictions within Area "A",
(downtown area) for a special event. (S4000.S.3.1.2)
SUMMARY: Chapman University will host their annual Baccalaureate and
Commencement exercises at their campus on Sunday - May 30th, 1999. Due to
anticipated attendance it may be necessary to park in the surrounding residential
neighborhood which restricts on-street parking except by Permit.
ACTION: Approved the request of Chapman University and temporarily close Walnut
Ave. from Orange St. to Center St. to through traffic, and suspend the permit parking
restrictions in Area "A" on the weekend of May 29-30, 1999, for their annual
Baccalaureate and Commencement exercises.
FISCAL IMPACT: None
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 12
CITY COUNCIL MINUTES
May 11, 1999
3. CONSENT CALENDAR (Continued)
Councilman Murphy abstained on Item Nos. 3.2 and 3.5. Councilman Slater voted no on
Item No. 3.18 and 3.26, and abstained on Item No. 3.24. Councilman Alvarez voted no
on Item No. 3.18. Item No. 3.19 was removed and heard separately. The remainder of
the Consent Calendar was approve as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 1760
NON-AGENDA ITEMS
PLAZA COMMITTEE IJPDATE
Mayor Coontz asked the status of the Plaza Committee and when closure will take place? The
Director of Community/Library Services reported the Citizen Committee was established to
review and make recommendations for improvements to Plaza Park, as well as recommendations
for furniture, street light fixtures, planter boxes, and brick pavers in the quadrants. As a result of
concerns and issues raised by residents regarding the recommended improvements, primarily to
the quadrants, Council directed the Committee to expand their role and review and recommend
any and all improvements as they pertain to the quadrants, as well as continue their work on the
Plaza Park. To date the Committee has met five times and eight times previously when working
on the Plaza Project alone. Approximately 39 decision packages have been reviewed regarding
the project. It is the intent of the Committee to bring their recommendation to Council in July,
1999.
Mayor Coontz requested Council be provided with a list ofthe Plaza Committee's decisions.
Councilman Alvarez commented he cannot vote on this issue due to conflict of interests.
However, he has been approached by property owners and Committee members to participate as
a property owner in the last few meetings. Would it be proper to do that? The City Attorney
responded Councilman Alvarez could sit in on the Committee meetings, as long as he does not
actively participate in the decision making process.
COUNTY BANKRIJPTCY MONIES
Mayor Coontz asked the City Attorney to report on the "found money" regarding the Orange
County bankruptcy. The City Attorney reported recent newspaper articles indicate the County
could not account for $10 million, i.e. it could not determine whether the monies belonged to the
County or should have been credited to the Orange County investment pool. The Board of
Supervisors voted to split the $10 million, with $5 million to the County and $5 million to the
cities. If the City's current proportional share stays at .8% of all monies recovered, it would be
$40,000 to the City.
PAGE 13
CITY COUNCIL MINUTES
May 11, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
ATTORNEY FEES
Mayor Coontz requested clarification of a recent article regarding attorney fees and the decision
of the Council to increase the attorney fees in the action against Jeff Hambarian? The City
Attorney explained the City Council voted to approve an additional expenditure of $200,000 to
pay Rutan and Tucker to pursue the City's civil lawsuit against Jeff Hambarian and possible
other defendants. While ODS/ORRS and the other four family members were released, it was
felt that Jeff Hambarian should be pursued. There may be some overlap with what the District
Attorney is also doing. From a legal standpoint, the more complicated issues have been resolved
by City Council action. The City does anticipate a return on the attorney fees expenditure.
MILLENNIUM PLANS
Mayor Coontz asked Councilman Murphy when information on the millennium plans can be
expected? Councilman Murphy indicated a list of suggested appointees to the Millennium
Committee will be brought to Council at the May 25th or June 8th meeting.
5.
REPORTS FROM COUNCILMEMBERS
Tape 2034
5.1 Revisions to the City's Design Review Process. (A2500.0 ORD-10-99)
A report from the Council Sub-Committee consisting of Councilmembers Mark Murphy and Dan
Slater and Planning Commission Chairman Randy Bosch requesting Council approval of
revisions to the City's Design Review Process procedures and administration.
Mayor Coontz commented the revisions to the City's Design Review Process was one of the
important priorities to focus on when she became Mayor. Mayor Coontz appointed
Councilmembers Murphy, Slater and Planning Commission Chairman Bosch to the sub-
committee and thanked them for their excellent work.
Councilman Murphy reported the Design Review Sub-Committee looked at refocusing and
revising the design review process. The Sub-committee endeavors to help clarify and
consolidate conditions of approval that can be imposed on projects; improve the findings portion
of the Ordinance relating to language for design review criteria; and asked staff to prepare a
Design Review Guidebook to help individuals who come to the City for project approval to
understand the process involved. The Sub-Committee made changes to the composition of the
new Design Review Committee (DRC), which will be comprised of four public members and a
staff member. A majority of public members must be in attendance at the meeting to have a
quorum. Susan Secoy was also a key contributor who provided valuable insight to the Sub-
Committee. The changes and appointments to the DRC will hopefully accomplish the goals the
Sub-Committee set out to meet. Councilman Slater concurred with Councilman Murphy's
comments. The Committee will be much better and more user-friendly.
PAGE 14
-,
CITY COUNCIL MINUTES
May 11, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Coontz suggested a glossary and layman's vocabulary be included in the draft Design
Review Guidebook. A desire to speak with the Sub-Committee members individually was
expressed before coming back with a proposal, noting that more applications are needed for
review. Councilman Alvarez suggested the Project Review Application and the checklist be
combined to create a flowchart which indicates the City contacts by their title. Mayor pro tem
Spurgeon expressed support of the new DRC.
The City Attorney will research the legal requirements of whether the existing Design Review
Board needs to be terminated and suggested the issue be agendized for the May 25th Council
meeting. Councilman Murphy said he would like to agendize the DRC appointments for the
June 8, 1999 meeting and requested the Design Review Guidebook be published on the City's
web site, once the suggestions made at this meeting have been incorporated.
Carole Walters, (address on file), expressed concern with the Sub-Committee and how over-the-
counter projects are approved. Councilman Murphy explained the Sub-Committee worked only
on the concept. The new DRC will be a separate appointment of four individuals.
ORDINANCE NO. 10-99
An Ordinance of the City Council of the City of Orange amending Chapters 15, 16 and 17 of the
Municipal Code of the City of Orange relating to the Design Review Process.
MOTION - Murphy
SECOND - Mayor Coontz
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 10-99 be read by title only and same was approved and same was set
for second reading by the preceding vote.
5.2 Councilman Slater - Request the Mayor to send a letter to the Department of the
Navy expressing opposition to the proposed City of Irvine annexation of EI Toro Marine
Base (MCAS) and the Musick Jail site. (ORI800.0.3.l8.2)
Councilman Slater reported this item addresses strictly the airport. Assemblywoman Pat Bates
introduced AB1248 and AB1479 to which the City has sent letters in opposition. Both bills have
now been withdrawn as it was felt there was no support. The City has been asked to send a letter
to the Department of the Navy objecting to the City ofIrvine's attempt to incorporate the EI Toro
Marine Base, so the County can still have the decision making process for its future. The
Chamber of Commerce Governmental Affairs Committee has written a letter in opposition to
Irvine's acquisition attempt also.
COUNCILMAN ALVAREZ COMMENTED FOR THE RECORD: "I need to stay consistent, I think at this
point. I had in the past supported Councilman Slater in getting on these County-wide
Committees to bring information forward on the EI Toro Airport. In my investigations on it,
PAGE 15
CITY COUNCIL MINUTES
May 11, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
since I kind of actually have been staying consistent in voting no against the airport. At this
point I can't support our action for the record in sending this letter to the City of Irvine because
we have good example in the City of Tustin where they took in the helicopter station as part of
their annexation. And, if you look at their plan, it is very impressive. I would like the stuff that
they are planning there in this City, quite frankly. But what they have done there is very, very
impressive on how you can absorb that type of facility. I think what they have done in Tustin
Ranch and then taking what they have learned there into the helicopter port of the old blimp
station shows that cities can do that. I think the City of Irvine's record is real clear, that they
know how to plan communities, they know how to plan them and make them fit with industrial
and commercial and everything else. So, because of that, at this point, 1 really can't support it
based on what I'm seeing other cities are doing."
Mayor Coontz commented documents continually come in regarding the ongoing planning
process. The latest document relative to the amount of open space that has been created around
the proposed airport was quite impressive. Most members of Council want to continue looking
at the issue over a period of time.
MOTION - Slater
SECOND - Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon
NOES -Alvarez
Moved to authorize the Mayor to send a letter (draft included in official record) on behalf of the
City Council with a copy to the County Chief Executive Officer.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7.
ADMINISTRATIVE REPORTS
Tape 2722
7.1 Report from the Director of Public Works on the First Amendment to Consultant
Agreement with IT Corporation for Design ofthe Yorba Park Gas Control and Monitoring
System. (A2l00.0 AGR-3139.l)
SUMMARY: The County of Orange Local Enforcement Agency has required the City of
Orange, through Notice and Order, to design, install, maintain and monitor a landfill gas control
system for the Y orba park site. Funding is needed to complete the design of a system and to
continue monitoring to insure compliance with the County.
The Director of Public Works reported the City is under a Notice and Order from the County
Local Enforcement Agency (LEA) which has the authority to enforce environmental regulations
on landfill and land disposal sites for the Y orba Park Site in connection with the gas production
problem. In order to comply with the Notice and Order, the City has retained a consultant who
has done some preliminary work that has been satisfactory to the LEA. The City needs to
PAGE 16
CITY COUNCIL MINUTES
May 11,1999
7. ADMINISTRATIVE REPORTS (Continued)
continue the design work for a gas recovery system and monitoring through the end of 1999 at a
minimum, which requires additional funding.
FISCAL IMPACT: This project would require the appropriation of unappropriated General
Fund Reserves in the amount of$lOO,OOO.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the first amendment to Consultant Agreement No. 3139 with IT Corporation
and approved an appropriation of $100,000 from General Fund unappropriated reserves to
Account No. 500-5011-426700-3051-01240 (Capital Projects).
7.2 Report from the Personnel Director regarding a request for additional
appropriations to the Workers' Claims compensation budget for Fiscal Year 1998-99.
(C2500J .4.21)
SUMMARY: Risk Manager recommends Council approve a request to increase the Risk
Management Workers' compensation benefits budget to cover unexpected medical and legal
expenses because of employee injuries.
FISCAL IMPACT: To transfer additional money from the Workers' Compensation fund to the
Risk Management workers' Compensation budget.
The Director of Personnel presented the report.
MOTION - Murphy
SECOND - Slater
AYES Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to appropriate $150,000 from the Workers' Compensation Reserves to the Risk
Management Workers' Compensation benefits budget No. 730-1412-432100 Claims
compensation.
7.3 A report from the Director of Public Works regarding proposed traffic restrictions
at the intersection of Santiago Canyon Road and Kennymead St. (S4000.S.3.3)
SUMMARY: Residents have indicated a need to enhance traffic safety for vehicles exiting
Kennymead St. onto Santiago Canyon Rd. Staff is proposing alternatives, in response to
concerns expressed by area residents, to enhance existing conditions at this location.
PAGE 17
CITY COUNCIL MINUTES
May 11, 1999
7. ADMINISTRATIVE REPORTS (Continued)
FISCAL IMP ACT: The proposed improvements require an appropriation of $25,000 from Fund
273 - Gas Tax Exchange Unappropriated Reserves into Account No. 273-5032-427100
Contractual Services.
Mayor Coontz noted this report was generated as a result of discussions regarding potential
traffic impact into the community with the Eastern Transportation Corridor (ETC) opening.
Some ofthe issues are problems that have occurred over a period of time.
The Director of Public Works gave a brief overview of the four alternatives considered by the
City Traffic Commission to address concerns with limited sight distance for certain turning
movements at Kennymead and Santiago Canyon Road. The City Traffic Commission
recommends Alternative No.2 - the construction of raised islands to allow only left and right
turns from Santiago Canyon Road to Kennymead, no turns from Kennymead onto Santiago
Canyon Road be approved. The cost of the alternative is approximately $25,000. Both Police
and Fire Departments favor the recommended alternative.
In response to Mayor Coontz, the Fire Chief explained Engine No.8, when placed in service
later this year, will come down Cannon onto Santiago Canyon Road, with the ability to make a
right turn onto Kennymead. Under Alternative No.3, Engine No.7 coming from Fort Road,
Chapman and Jamboree would not be able to make a left turn onto Kennymead, which is why it
was a less acceptable plan.
Martin Calderwood, 7428 E. Santiago Canyon, supports a cul-de-sac on Kennymead; expressed
concern with Santiago Canyon becoming six lanes, traffic speed, and that deeper islands will
restrict him from getting in his driveway. It was requested that his Santiago Canyon Road
address be changed to Kennymead as part of Council's decision. Council informed Mr.
Calderwood that the address change is an administrative process.
Laura Thomas, 7211 Clydesdale, Orange Park Acres, explained reasons for her support of a cul-
de-sac on Kennymead and asked that the costs for same be reviewed.
Mayor Coontz asked if speed and traffic count surveys were done with ETC opening? The
Director of Public Works indicated they were done by the Transportation Corridor Agency and
results were furnished to the City. The present traffic volume is appropriate for a four lane
roadway at approximately 18,000 - 20,000 vehicles per day. The 85th percentile speed on
Santiago Canyon Road is approximately 55-57 mph measured during the off-peak period. There
have been no accidents at the Kennymead intersection within the last twelve months. Mayor
Coontz further asked the status on the six lanes versus four lanes; that it would not happen in the
near future: The Public Works Director indicated Mayor Coontz was correct. It is estimated
Santiago Canyon Road may become six-lanes after a full build-out, or approximately in the year
2010. Mayor Coontz indicated Orange Park Acres has suffered from fires in the past. Fire
access has always been a concern. There is no perfect solution to this situation. Is there any way
PAGE 18
CITY COUNCIL MINUTES
May 11, 1999
7. ADMINISTRATIVE REPORTS (Continued)
to enhance or widen the roadway which may be helpful to Mr. Calderwood? The Director of
Public Works responded improving the radius of the curb return area at the southeast corner of
the driveway could be accomplished, as long as it doesn't require a right-of-way acquisition, or if
the right-of-way were donated.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the restriction of both left and right turn movements from Kennymead St. onto
Santiago Canyon Rd. while maintaining both left and right turn movements from Santiago
Canyon Rd. onto Kennymead Street and appropriate $25,000 from Fund 273 - Gas Tax
Exchange Unappropriated Reserves into Account No. 273-5032-427100 Contractual Services.
8.
REPORTS FROM CITY MANAGER
Tape 3514
8.1 Report on the City-wide Management Audit. (C2500.E.l)
SUMMARY: A City-wide Management Audit conducted by David M. Griffith & Associates
provides independent assessment of how the City organization is working and recommends a
number appropriate changes in organizational structure and operations.
FISCAL IMPACT: The proposed FY 1999-00 budget includes a number ofrecommendations
identified in the City-wide Management Audit at a cost of approximately $520,000. Further
analysis will be conducted to determine an implementation plan for the other recommendations
and their estimated cost impact.
John Heiss, David M. Griffith & Associates (DMG), presented a brief synopsis of the process
involved in the study and the principal recommendations made for City departments as a result of
the City-Wide Management Audit.
Mayor Coontz asked how the recommendation to hire a Library Director can be implemented at a
minimal cost of less than $5,000 annually, as stated in their report? Mr. Heiss explained that
changes in internal operations would allow for this to be done.
Councilman Alvarez asked why it was concluded that a Library Director was needed? Mr. Heiss
explained there are major benefits to understanding what is happening in the library industry, as
it is changing dramatically. The City currently does not have anyone at the professional library
manager level who has the time to perform the Library Director function.
Mayor Coontz commented the City-Wide Management Audit will serve as a tool to help the City
work more efficiently, provide better services, and spend money wisely. Council complimented
the department heads for progress made through the years under tough circumstances.
PAGE 19
CITY COUNCIL MINUTES
May 11, 1999
8. REPORTS FROM CITY MANAGER (Continued)
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct the City Manager to conduct an evaluation of the recommendations of the City-
Wide Management Audit and report back to the City Council with an action plan for
implementation, and receive and file the report.
9.
LEGAL AFFAIRS
Tape 4620
9.1 ORDINANCE NO. 11-99 (C2500.G)
An Ordinance of the City Council of the City of Orange amending Sections 2.20.010 and
2.42.010 of the Orange Municipal Code and adding a new Chapter 2.46 to the Orange Municipal
Code pertaining to the City's Department of Economic Development.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 11-99 be read by title only and same was approved 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 6:51 p.m. to a Closed Session for the following purposes:
a. 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 Case
No. 78 02 84
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City
Negotiator: Personnel Director Steven Pham; Employee Organizations: Maintenance &
Operations, Orange Management Association, Orange Municipal Employees' Association and
Water Department Employees' Association.
c. Public Employee Appointment pursuant to Government Code Section 54957. Title:
Police Chief
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 ofthe matters will not be considered in Closed Session.
PAGE 20
CITY COUNCIL MINUTES
May 11,1999
7:00 P.M. SESSION
INTRODUCTIONS
Council recognized the Miss Orange 2000 Scholarship Association Contestants.
12.
PUBLIC COMMENTS
Tape 5072
Marilyn Ganahl, 20351 Lewis Drive, Orange Park Acres, expressed opposition to Council's
approval of the new appointees for the Orange Park Acres (OPA) Committee at the April 27,
1999 meeting. The Committee was not properly formed in compliance with the Maddy Act.
The City Attorney explained the Maddy Act requirements pertain to posting and/or publication
requirements for Boards, Committees, and Commissions, i.e. upcoming term expirations and
unscheduled vacancies. Since the appointment to the OPA Committee involved the creation of a
new alternate position, the Maddy Act does not apply.
Mara Brandman, 7319 Equitation Way, spoke in honor of Norm Phillips.
Richard Siebert, 1388 N. Kennymead Street, President of the Orange Park Acres Association,
expressed concern with the recent OP A Committee appointments. The Association is not
opposed to new people serving on the Board. Supervisor Spitzer indicated to him that he was
never asked to submit names for consideration of appointment to the OPA Committee. The OPA
Association was never asked if they wished to forego their rights to have someone appointed by
the Board to the Committee. The OPA Association would like to have their one appointed seat
back.
Mayor Coontz commented she spoke with staff at Supervisor Spitzer's office two years ago in
regards to County appointments to the OPA Committee. Appointments to the Committee have
continually been made by the City Council as noted in the City Clerk's records.
The City Attorney explained under State law where a City has an elected Mayor, the Mayor shall
appoint all members of all Boards, Committees and Commissions. Adoption of ordinances or
provisions at the local level which has procedures other than the Mayor appointing members of
Boards, Committees and Commissions, would be invalid and inconsistent with State law. Local
law does not supercede State law.
Joan Crawford, 394 S. Orange, expressed objection to the new Master Lighting Plan for Old
Towne which removes the 10 foot light poles and replaces them with 13 foot poles. (C3500)
Mayor Coontz responded to Ms. Crawford that her letter was received and forwarded to the City
Attorney and Director of Public Works.
Shannon Tucker, 556 E. Culver, spoke regarding Norm Phillips and asked, for Norm's sake and
that of the community, that the cable franchise fee issue be kept alive, and there be public
discussion on the fee before the franchise agreement is renewed. The City Attorney explained
the 5% franchise fee is standard throughout all the cities in California because it is set by federal
law.
PAGE 21
CITY COUNCIL MINUTES
May 11, 1999
12. PUBLIC COMMENTS (Continued)
Carolyn Aliotta, 7229 E. Clydesdale, spoke on behalf of Laurie Cesena, member of the Orange
Park Acres Committee since 1995. Questioned were the authority of the Mayor and
Councilmembers to appoint the Committee in its entirety, without allowing the OPA
Homeowners Board to make their appointment and the creation of an alternate position to the
OP A Committee. When did the City restructure the rules of appointment to the OP A
Committee? What year were the new rules set forth? Why wasn't the OPA Board notified of the
changes? Why does the Mayor's office have the right or prerogative to take away appointment
from the OPA Homeowners Association? The 3M District Supervisor's office said they were not
given the opportunity to appoint their members to the OPA Committee. There is sufficient
grounds to reopen the discussion for new votes on the OP A Committee.
Carole Walters, (address on file), commented on Norm Phillips. She will push to have Norm's
issues and concerns ofthe public placed on the agenda and fight for what is right.
13. PUBLIC HEARINGS
13.1 APPEAL NO. 457; DESIGN REVIEW BOARD NO. 3383 & DESIGN REVIEW
BOARD APPEAL NO. 5-98; APPELLANT: LEMAR LUNDQUIST (A4000.0 APP-457)
(A4000.0 APP-457) Tape 6450
The public hearing to consider a request to overrule Planning Commission and Design Review
Board (DRB) decisions denying the use of a composite wood product as replacement siding on a
historic residential structure in the Old Towne Historic District, located at 133 S. Shaffer Street
has been continued from April 13, 1999.
NOTE: This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA), according to CEQA Guidelines Section 15303.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"In 1995 a new garage was built at 133 S. Shaffer Street. It was sided with masonite "Superside"
and oked by DRB. The redwood siding on the house built about 1902 was cracked, with nail
holes and repair cuts. I sent Contractor Lanahan to the City Building Department where he was
told that masonite Superside would be fine since it had been oked on the garage built in 1995.
He proceeded to cover the house with 3/8" ply. Further work was stopped by a building
inspector. Once authorized my project should not be stopped and I should be able to proceed."
The Director of Community Development presented a display and explained the types, costs, and
availability of substitute material which more closely resembles the original lap-siding
appearance on Mr. Lundquist's home. Mr. Lundquist desires to use the Superside material. The
Planning Commission and Design Review Board do not believe the Superside material is
consistent with the Old Towne Design Standards.
PAGE 22
CITY COUNCIL MINUTES
May 11, 1999
13. PUBLIC HEARINGS (Continued)
THE PUBLIC HEARING ON APRIL 13, 1999 WAS CLOSED. MAYOR COONTZ RE-
OPENED THE PUBLIC HEARING.
APPLICANT: LeMar Lundquist, 627 E. Barkley, disputed the costs of alternative siding materials.
Authority was given to apply the Superside material. His project was brought to a halt after the
plywood had been applied.
SPEAKING IN OPPOSITION:
Fred Gillett, 205 E. Palmyra
Joan Crawford, 394 S. Orange.
Anne Siebert, 340 S. Olive
Dean Hiser, 545 S. Grand
Reasons for opposition: Distracts from the preservation of historic homes in Old Towne;
majority of the house is restorable; City's position and the Secretary of the Interior Standards
calls for repair instead of replacement of deteriorating historic features; cost effective to restore
his existing siding; and an obligation is taken on when working on a home in an historic district
to maintain and live by the standards that apply.
SPEAKING IN FAVOR:
Carole Walters, (address on file), commented Mr. Lundquist is improving his house; filing a
claim with the City is a long process; and the City cannot tell people what to do.
It response to suggestions that Mr. Lundquist be reimbursed for his expenses, the City Attorney
explained Mr. Lundquist would need to obtain a claim form from the City Clerk's office which
would be reviewed after its submittal.
MAYOR COONTZ CLOSED THE PUBLIC HEARING
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to deny Appeal No. 457 and recommend to the Community Development Department to
assist Mr. Lundquist in making a choice between refinishing the existing material or using a
redwood alternative material, if and when Mr. Lundquist comes back through the process; and
recommend that Mr. Lundquist file a claim with the City.
PAGE 23
CITY COUNCIL MINUTES
May 11, 1999
14. PLANNING AND ENVIRONMENT
14.1 ESTABLISHING IN-LIEU PARKING FEES FOR NEW CONSTRUCTION IN
THE DOWNTOWN PLAZA DISTRICT (C2500J.l.0.5) Tape 626
SUMMARY - In 1998, as an economic development incentive, the City Council approved a new
parking requirement for the 8 block area surrounding the Plaza and new in-lieu parking fees
applicable to new construction within the area. The alternative was to either not allow new
construction or continue to process parking variances without parking solutions in-hand. As part
of the Council's action on these items, staff was directed to complete the necessary fee (nexus)
studies and return with a resolution setting the actual in-lieu fees. Staff has completed that task
and is returning with the appropriate resolution.
NOTE: COUNCILMAN ALVAREZ STATED FOR THE RECORD: "1 have a property interest at 131 S.
Glassell and 60 Plaza Square and 112 E. Chapman. Due to those properties, I have a conflict in
14.1 with the new construction of the Downtown Plaza In-Lieu Parking Fees." Councilman
Alvarez left the Council dais.
The Planning Manager reported the in-lieu fee will only apply to new construction in which the
business does not provide the required parking. The proposed fees are a Parking In-Lieu
Replenishment Fee (new square footage added without required parking) - $2,100/space; and a
Parking In-Lieu Replacement Fee (new square footage added which eliminates required parking)
- $7,000/space. As required by State law, the parking study includes the facts and findings which
support the proposed fee. Aside from the portion of the study which applies to the in-lieu fees,
Council is not being asked to implement any ofthe studies or the recommendations.
Mayor Coontz asked which part of the Downtown Plaza District Short Term Parking Strategies
is Council looking at? Concern was expressed that Council may be approving all that is
contained within the document. The Planning Manager explained the nexus portion of the in-lieu
fees in woven into the document.
Carole Walters, (address on file), expressed concern with approving the entire Downtown Plaza
District Short Term Strategies document and commented on the Chapman University parking
structure.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Moved to find that this project is statutorily exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15273 ofthe State CEQA Guidelines.
PAGE 24
CITY COUNCIL MINUTES
May 11, 1999
14. PLANNING AND ENVIRONMENT (Continued)
Approved the Parking Fee Program Scope of Work, as identified in Exhibit No.9 of the
Downtown Plaza District Short Term Parking Strategies document. Only Exhibit No.9 would
be included. No other parts of the Downtown Plaza District Short Term Parking Strategies dated
April, 1999 should be included or perceived adopted as a part of this.
MOTION - Murphy
SECOND - Mayor Coontz
AYES -Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
RESOLUTION NO. 9062
A Resolution of the City Council of the City of Orange establishing and imposing fees in lieu of
parking within the downtown plaza district and amending and revising the Master Schedule of
Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to said fees.
Moved to adopt Resolution No. 9062 and established a Parking In-Lieu Capital Projects Fund
(#555) to be used exclusively for the improvement of off-street parking facilities serving the
Downtown, as identified in Exhibit #9 of the Downtown Plaza District Short Term Parking
Strategies document.
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
The City Council adjourned at 8:50 in memory of Norm Phillips.
~('.#./r/..d:
CASSANDRA J ATHCART, CMC
CITY CLERK
, - 2.
JOANNE COONTZ
MAYOR
PAGE 25