04-13-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON APRIL 27, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 13, 1999
The City Council of the City of Orange, California convened on April 13, 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
Helen Walker, Soroptimist International of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
A proclamation recognizing National Library Week - April 11-17, 1999 was presented to
Gary Wann, Director of Community and Library Services.
Certificates of Appreciation for Service to the Orange Public Library were presented to
Arline Minor, 3,000 Hours of Service, Luther Broome, 1,000 Hours of Service, Jessie
Carter, 1,000 Hours of Service. Volunteer Doris Osborne, one of the original founders of
the Home Bound Delivery Service was also recognized. Members of Ms. Osborne's
family in attendance at the meeting were acknowledged.
Friends ofthe Orange Public Library were recognized for their donation of $5,000 to help
purchase materials for the Summer Reading Club 1999.
Jeannie Miley, representing United Way, presented the City with the United Way End of
Campaign Award for the most improved campaign. This year the City of Orange had a
38% increase in participation. The City Manager recognized Irma Hernandez, City
Manager's Office, and Cindy Mahon, Personnel Department who organized the United
Way Campaign.
A proclamation honoring Earth Week, April 18-25, 1999 was accepted by Barbara Proud,
Orange Community of Girl Scout's representative. Mayor Coontz announced Earth Day
celebration activities will be held on Saturday, April 24, 1999 from 9:00 a.m. - 1:00 p.m.
at the Hart Park Bandshell. (P2000.0)
PAGE 1
CITY COUNCIL MINUTES
April 13, 1999
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS (Continued)
A proclamation honoring Arbor Day in Orange, April 24, 1999 was accepted by Linda
Romero, Urban Forester of California Department of Forestry and Fire. Ms. Romero
presented the City of Orange with the Tree City USA Award, which the City has received
for the eleventh consecutive year, and the Growth Award for planning and management.
The Director of Economic Development announced the California Association for Local
Economic Development, at their Annual Conference, presented the 1998 Grand Prize
Award to the Orange Redevelopment Agency for their partnership with the Mills
Corporation in creating The Block at Orange. Jim Reichert and Colleen Williams of the
Economic Development Department were recognized for making the award possible.
Mayor Coontz announced the American Lung Association of Orange County's
participation in a national campaign to discourage under age smoking. April 14, 1999
has been declared "Kick Butts" day. A fashion show will be held on Sunday, April 18th at
7:00 p.m. at The Block to show young people that smoking is not fashionable. A
proclamation honoring national "Kick Butts" Day was presented to Chapman University
Public Relations students, Jamie Christine and Jeff Peters, who are helping the Rosary
High School International Club with their "Kick Butts" Day event.
2.
PUBLIC COMMENTS
Tape 981
Carole Walters, (address on file), expressed concern with a City workshop being held at
P.J. Meads, noted the parking problem, and asked why the City has been involved? Ms.
Walters notified the City Manager and City Attorney that she will hold them and the City
liable if she gets hurt at a Council meeting. Since 1997 Ms. Walters indicated her life has
been threatened and she has been personally attacked by City employees, family or
friends for speaking at Council meetings.
Mara Brandman, 7319 Equitation Way, speaking on behalf of COPAC, asked if Item No.
13.1 on the agenda is approved, that a stipulation be made that the developer continue
dialogue concerning the trail.
Jim Cline, 2603 Riding Way, expressed frustration with being unable to speak at the 7:00
p.m. session of the March 23, 1999 meeting relative to the Lutheran High School
expansion agenda item.
Gary Meserve, (address on file), commented on the difficulty he has had in trying to
obtain an appeal form from the City.
Charles Williams, 2459 N. Hearthside, spoke regarding a dispute with Sears relative to a
post in their parking lot. The agenda is difficult to read on cable.
Councilman Slater responded to Mr. Cline's comment, indicating that at the March 23rd
PAGE 2
CITY COUNCIL MINUTES
April 13, 1999
2. PUBLIC COMMENTS (Continued)
meeting when Lutheran High School was approved, it was wrong, in his opinion, for the
Council not to re-open the public hearing. A lot of people came expecting to speak on
both sides of the issues.
Mayor Coontz commented Council agreed to not re-open the public hearing on the
Lutheran High School agenda item. Procedural changes on the agenda were noted which
make it more friendly to the community.
Councilman Murphy confirmed that the Lutheran High item was done appropriately from
a legal perspective. He acknowledged that Mayor Coontz did look to Council for
comment at the time. If he had to do it over, he would have supported reopening the
hearing for discussion. However, the decision made was informed and appropriate.
3.
CONSENT CALENDAR
Tape 1548
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 13, 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 March 18 and 25, and
April 1, 1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes of the Regular Meetings of March 9,
1999, Adjourned Regular Meeting of March 16, 1999 (continued from March 23,
1999) and Regular Meeting of March 23, 1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
PAGE 3
,
=__,,_~_.',_.__~~_~_'---=--_.__ ,_~",,~'~""'-""~__~;___~._'M__.._.___
CITY COUNCIL MINUTES
April 13, 1999
3. CONSENT CALENDAR (Continued)
BIDS
3.5 Award of Contract - Bid No. 989-26; Project SP-3256; Orange Fire Department
Station No.6 Barrier Wall. (A2100.0 AGR-3231)
SUMMARY: The Orange Fire Department Station 6 Barrier Wall, when constructed,
will enhance protection of the facility and safety of personnel from increased vehicular
traffic on The City Drive.
ACTION: Awarded a contract in the amount of $16,880.00 to Micon Construction and
authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following Account: 100-
3021-471200-0000 $30,709.36 (Gen. Fund/Fire Suppression/Bldg. and Improvements)
3.6 Award of Contract - Bid No. 989-25; Project SP-3264; Street Maintenance Asphalt
Concrete Overlay at Various Locations (year 1998-1999). (A2100.0 AGR-3230)
SUMMARY: This project is part of the annual street maintenance activities and is
designed to prolong pavement life of residential streets by asphalt concrete overlay.
Included in this project are reconstruction of existing pavement of localized areas and
replacement of damaged curb and gutter. The following streets are included:
Shaffer Street from Meats Avenue to Cumberland Road. St. James Avenue from
Orange-Olive Road to Canal Street. Lemon Street from Walnut Avenue to Collins
Avenue. City Blvd. West from Manchester Avenue to The City Way. Manchester
Avenue from City Blvd. West to The City Way.
ACTION: Awarded a contract in the amount of $219,259.82 to R. J. Noble Company
and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in Account No. 262-5021-483300-
3120 $219,259.82 (Street Maintenance)
3.7 Award of Contract - Bid No. 989-20; Project SP-3263; The City Facility Parking
Maintenance Slurry Seal of Various Parking Areas for the Fiscal Year 1998-1999.
(A2100.0 AGR-3229)
SUMMARY: This project is part of the annual maintenance activities and is designed to
prolong pavement life of parking facilities by slurry sealing. Included in this project is
the following facilities: Civic Center Parking Lot - 300 E. Chapman Avenue,
Corporation Yard - 637 W. Struck Avenue, and Nordic PI. - from Briardale to North end.
PAGE 4
CITY COUNCIL MINUTES
April 13, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract in the amount of $28,453.70 to Roy Allan Slurry Seal,
Inc. and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in Account No. 220-5021-481105-
4997 $33,000.00 (Municipal Parking Lot)
3.8 Contract Change Order No.1 and Final Contract Change Order for Bid No. 978-
53; Project No. SP-3221; CDBG - Street Reconstruction at Various Locations.
(A2100.0 AGR-3085)
SUMMARY: This final contract change order authorizes payment for the increase in the
quantities of various bid items beyond the original estimate of work and unforeseen extra
work resulted from wet soil. The total contract cost is $517,899.04.
ACTION: Approved Final Contract Change Order in the amount of $48,830.89 to All
American Asphalt for the additional quantities at contract unit prices and additional street
removal and reconstruction caused by pumping subgrade.
FISCAL IMPACT: Funds are budgeted and are available in Account No. 310-9645-
483300-1821 $77,577 (Community Development Block Grant)
3.9 Award of Contract - Bid No. 989-30, Ten Wheel Dump Truck. (A2100.0 AGR-
3228)
SUMMARY: The Ten Wheel Dump Truck for use by the Public Works Department has
been scheduled for replacement in the approved 1998-99 vehicle budget.
ACTION: Awarded a contract in the amount of $78,245.50 to Westrux International;
authorized the Mayor the City Clerk to execute on behalf of the City; and authorized the
City Manager to surplus the replaced dump truck at an auction.
FISCAL IMP ACT: Funds are budgeted and available in the following Account: 720-
5023-472102 $78,245.50 (Motor Vehicle Replacement)
3.10 A proposal to authorize advertising bids for the purchase and installation of an
Engine Driven Pump at the Reservoir No.8 Pump Station located at 7115 E. La
Cumbre Street. (C2500.P)
SUMMARY: This project provides for the installation of an engine driven pump at
Reservoir No. 8 Pump Station for the use in the event of a power outage or other
emergency situation.
ACTION: Authorized advertising bids for the purchase and installation of an Engine
Driven Pump at Reservoir No.8 Pump Station.
PAGE 5
CITY COUNCIL MINUTES
April 13, 1999
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in Account No. 601-8011-484201-8304 $50,000.00 (Reservoir No.8)
3.11 CLAIMS (C3200.0)
a. Gayle Hoebermann
FISCAL IMPACT: None.
ACTION: Denied claim for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Project No. D-133, Award of Professional Services Contract for the Featherhill
Subdrain Study and Geotechnical Investigation. (A2100.0 AGR-3227)
SUMMARY: This contract will authorize the consultant to complete a geotechnical
investigation and final report preparation for the Featherhill Subdrain project located
north of Meats Avenue, west ofFeatherhill Drive and south of Villa Real Drive.
ACTION: Awarded a contract in the amount of $35,691.00 to Geo-Environmental Inc.
and authorized the Mayor and City Clerk to execute the contract.
FISCAL IMPACT: Funds are budgeted and available in Account No. 530-5011-483400-
5105 $148,900 (Drainage District)
DONATION
3.13 Accept a $5,000 Donation from Friends of the Orange Public Library to support the
Orange Public Library's Summer Reading Club 1999. (C2500.I)
SUMMARY: Friends of the Orange Public Library have donated $5,000 to help
purchase materials for the Summer Reading Club 1999.
ACTION: Approved and appropriated the funds to Account No. 100-2011-443400
(Main Library Craft).
FISCAL IMPACT: The $5,000 donation from the Friends of the Orange Public Library
will augment the Orange Public Library's budget.
PAGE 6
CITY COUNCIL MINUTES
April 13, 1999
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 9083 (C2500.J.4.6)
A Resolution of the City Council of the City of Orange relating to the classification,
compensation, and terms of employment of Executive Directors and Top Management
Employees, and repealing Resolution No. 8894 and amendments thereto.
ACTION: Approved.
3.15 RESOLUTION NO. 9090 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 98-14 adjusting lot lines of certain real property situated at 3348 East Longridge
Drive in the City of Orange, County of Orange, State of California.
OWNERS: Lawrence and Andrea Tumbleson
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.16 RESOLUTION NO. 9091 (U1300.0.2)
A Resolution of the City Council of the City of Orange opposing increases in rates
charged by Pacific Bell for local directory assistance and emergency interrupt calls.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue until more information has been received from the Public Utilities
Commission (PUC) and a final decision is made on the language.
John Stratman, 17310 Red Hills Avenue, #270, Director of External Affairs at Pacific
Bell, requested being advised by the City Clerk or City Manager's office when this item
is re-agendized.
PAGE 7
CITY COUNCIL MINUTES
April 13, 1999
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.17 RESOLUTION NO. 9092 (A4000.0 APP-455)
A Resolution of the City Council of the City of Orange denying Appeal No. 455 and
upholding the decision of the Planning Commission of the City of Orange to approve a
Conditional Use Permit to allow the expansion of the High School to a maximum number
of 49 classrooms and 950 students, including construction of a new gymnasium,
modifications to sports fields, outdoor lighting, and expansion ofthe parking facility from
250 to 392 spaces upon property located between Santiago Boulevard and the Newport
Freeway, north of Meats Avenue, south of Villa Vista Way (Address: 2222 N. Santiago
Blvd.).
Appeal No 455, Conditional Use Permit No. 2262-98
Applicant: Lutheran High School Association of Orange County.
Appellant: Jere A. Jobe.
In response to Mayor Coontz, the Director of Community Development confirmed that
Condition No. 13 relating to the elimination of direct pedestrian access through the front
of the building, near the entry driveway, is legally sufficient to cover what Lutheran High
volunteered to do with closing the entrance.
Carole Walters, (address on file), requested Council vote to have another hearing as the
public hearing was not closed. The appellant was not given the opportunity to respond to
public comment, nor was the public given the opportunity to speak at the March 23rd
meeting.
Councilman Slater inquired from the City Attorney whether it could be brought back as a
public hearing? The City Attorney commented it would not be fair to the applicant to
start the hearing process over. Every person who submitted a speakers card on this item
at the March 9th meeting was allowed to speak. After public comments were heard, the
applicant was given an opportunity to respond. The aspect of the public hearing that was
continued was to address the new parking plan. The City Council provided a full and fair
opportunity for every person in the audience at the March 9th meeting to speak and
comment on the matter.
Mara Brandman, 7319 Equitation Way, challenged the validity of the March 9th meeting
as to whether it was a legally closed meeting. The Council should have allowed the
public to comment, especially the appellant, Jere Jobe. An EIR not being required by the
City is unthinkable. Soils analysis and land studies should have been required by the City
by an unbiased outside person. Concern was expressed for the Orange Park Acres
community.
PAGE 8
CITY COUNCIL MINUTES
April 13, 1999
3. CONSENT CALENDAR (Continued)
Jere Jobe, appellant for Lutheran High School, 2641 Riding Way, commented that prior
to the appeal hearing on March 9th, a list of 24 California Environmental Quality Act
(CEQA) violations and other legal conflicts related to CUP 2262-98 were submitted to
the City Clerk's office. Since the appeal hearing on March 9th, he has become aware of a
major geological problem that Section 6 of the Mitigated Negative Declaration classifies
as either less than significant or no impact. That determination is incorrect and may have
severe affects on the community. This condition has a real potential for a geological
problem similar to the current Vista Royale situation. A thorough EIR must be conducted
within CEQA's guidelines. The EIR must address geological studies, soil stability, the
affects on the surrounding residential environment, along with the potential for
underground water pollution problems. He believes the Council acted illegally when it
approved the project and that the City violated the law by allowing construction permits
to be issued without first conducting a complete and impartial EIR. Steps have been
taken to have Council's action overturned and a temporary restraining order issued by the
courts. The California Environmental Protection Agency has been asked to review the
site and conduct its own test for possible ground water contamination.
The City Attorney commented the City Attorney's office does not believe CEQA
guidelines were violated. Environmental Impact Reports (EIR's) are required by CEQA
when a project has a likelihood of having a significant impact on the environment.
Staffs review of the project has determined that the project would not have a significant
impact.
THE CITY COUNCIL RECESSED AT 5:45 P.M. AND RECONVENED AT 5:50 P.M.
Jim Cline, 2603 Riding Way, commented the property owners in the immediate area of
Lutheran High School deserve more than a Mitigated Negative Declaration, especially in
the area of soil instability that has gone on in the last few years. What will happen when
the excavation starts and re-compaction? Concern was expressed with underground water
that runs above ground for approximately 600 yards within 1,000 yards of Lutheran High
School. He is not opposed to Lutheran High School or their expansion, but indicated he
is going to have to join in the litigation.
Mayor Coontz asked for a reiteration of the process the development is required to go
though in regards to soil stability? The Director of Public Works explained the process
involved. Problems experienced in some hillside developments are not expected at
Lutheran High School as no major grading is involved. The soils engineer retained by
the developer for the project has to make a finding that the site is suitable for the intended
development. The statement is required to be made in the soils report presented to the
PAGE 9
CITY COUNCIL MINUTES
April 13, 1999
3. CONSENT CALENDAR (Continued)
City. The City will use the consultant geotechnical engineering firm of Earth Mechanics
to ensure the developer's soils engineer exercises appropriate oversight of the activities
and verify that the work they are doing is in accordance with the requirements of the
code. The sample testing and evaluation is done by the geotechnical engineer retained by
the developer.
MOTION - Slater
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved.
3.18 RESOLUTION NO. 9093 (C3300.0 CUP-2268-98)
A Resolution of the City Council of the City of Orange denying Appeal Nos. 453A and
453B and upholding the decision of the Planning Commission of the City of Orange to
approve a Conditional Use Permit to allow outdoor weddings and receptions with
attendance not exceeding 150 persons at an existing historic bed and breakfast inn and
allowing shared parking and operation of a shuttle service upon property located at 248 S.
Batavia Street.
Conditional Use Permit No. 2268-98
Applicant: John and Sarah Pearson
Appeal No. 453A filed by Appellant Larry D. Johnson
Appeal No. 453B filed by Appellant John and Sarah Pearson
ACTION: Approved.
3.19 RESOLUTION NO. 9095 (A2100.0 AGR-3044)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 978-35; Valley Crest; McPherson
Athletic Facility renovation.
ACTION: Approved.
SPECIAL EVENTS
3.20 Request for the temporary suspension of permit parking restrictions within the
public parking lot at 170 S. Olive St. (adjacent to the Senior Center), on Saturday -
July 24, 1999. (S4000.S.3.1.2)
PAGE 10
CITY COUNCIL MINUTES
April 13, 1999
3. CONSENT CALENDAR (Continued)
SUMMARY: Orange Elderly Services, Inc. is requesting the temporary suspension of
the permit parking restriction within the municipal parking lot on the east side of the
block adjacent to their building allowing a band to perform along with casino night
activities.
FISCAL IMP ACT: None
ACTION: Approved the request and temporarily suspend the permit parking restrictions
within the municipal parking lot at 170 S. Olive St. on Saturday - July 24, 1999.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item Nos. 3.16 and 3.17 were removed and heard separately. Item No. 3.16 was
continued. The remainder ofthe Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ - None
5.
REPORTS FROM COUNCILMEMBERS
Tape 2437
5.1 Councilman Slater (Council designated representative to Orange County Regional
Airport Authority) requesting the City Council authorize the Mayor to sign a letter
opposing AB 1248 and AB1479. (ORI800.0.3.11)
Councilman Slater, reported OCRAA is very active, as well as people in South Orange County
who are continually trying to undermine the potential airport. Assemblyman Pat Bates, recently
elected as a South County representative to the State Assembly, has proposed two bills. AB
1248 would disallow Orange County from being able to issue the type of bonds needed in order
to finance improvements for the future airport facility. This would force a third county vote on
the airport. AB 1479 would require that the City of Irvine be included on the local reuse
authority. They have that opportunity now through their County Supervisor but have continually
resisted. AB 1479 would dictate that any portion of the airport that may be in their General Plan
or sphere of influence would automatically include them on the local reuse authority again. This
is an unusual exception. The Executive Director of OCCRA has asked that all member cities
send a letter on behalf of the City Council, signed by the Mayor, that would oppose this potential
legislation.
PAGE 11
CITY COUNCIL MINUTES
April 13, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Coontz suggested copies of the letter be sent to all members of the Assembly Local
Government Committee. Tracking of the bills is important.
COUNCILMAN ALVAREZ COMMENTED FOR THE RECORD: "Although I do not support at the State
level them taking the power away from our Orange County Board of Supervisors. Since I have
been elected I have taken the position of not supporting the El Toro Airport and actually
supporting the efforts for a third county vote. So, at this time, I am just going to lay the
groundwork for my no vote at this point."
In response to Mayor Coontz, Councilman Slater indicated the majority of Council feel the
potential airport at El Toro will greatly benefit the County and the City of Orange, primarily
from an economic basis. The City of Orange has twice voted by majority when the resolutions
have been on the ballot for an airport for El Toro. Mayor Coontz added that Council joined
OCRAA to obtain more information before making a final decision.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
NOES - Alvarez
Moved that letters be sent on behalf of the City Council, signed by the Mayor, to all members of
the Assembly Local Government Committee expressing opposition to AB 1248 and AB 1479.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7.
ADMINISTRATIVE REPORTS
Tape 2651
7.1 Report from the Director of Community Development concerning a request from
Jerome Greubel, Orange Park Heights, for waiver of park fees for an 87 unit senior
housing project at Chapman Avenue and Newport. (C2500.G)
SUMMARY: The developer requests relief from payment of $107,010 park fees due to the
unique nature and needs of senior housing.
FISCAL IMP ACT: Approval of the request would result in less funding being provided for
parks acquisition and development.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed opposition to waiving the
park fees.
Jerry Greubel, (address on file) commented it is not fair to contribute to a fund to which service
is not being provided. His project is not unprecedented. The City has in many ways subsidized
PAGE 12
CITY COUNCIL MINUTES
April 13, 1999
7. ADMINISTRATIVE REPORTS (Continued)
other senior housing projects. Mr. Gruebel compared the park fee costs as they relate to single
family homes, multiple family units, and mobile home park units. He noted unfairness in that
even mobile home parks are not age restricted. He is being asked to pay more and his project is
age restricted. He requested this be looked at in the future.
Mayor Coontz commented she contributed to the adoption of ordinances specific to senior
housing. The need became evident with the Palmyra project several years ago. This was a
particular kind of senior housing, limited in size, with many restrictions. Many affordable
projects could come back on the market and not necessarily be senior projects. Park issues need
to be protected. The City needs to look at mobile home parks, as State law allowed mobile home
park owners the option to go into family projects. The City is in the process of reviewing the
General Plan to bring the elements up to date.
Councilman Spurgeon asked Mr. Greubel why he didn't ask for a waiver at the time of the
project's approval or discuss this issue during the final approval of the project? Mr. Greubel
responded he surmised from the ordinance at the time of project approval that he would not have
to payor would pay a modified fee. He further indicated he was told he would not have to pay
the fee.
Councilman Murphy asked if there has been a park fee paid by other senior projects? What
designation were they considered? The Director of Community Development indicated a
multiple family residential fee has been collected for seniors projects. Mayor Coontz noted Mr.
Greubel's project is the first project which is not in the affordable market range.
Councilman Alvarez commented that as a private company Mr. Greubel can charge for the park
fee by disbursing it among the tenants. The City is not denying him a benefit by charging the
park fees. A park fee would be charged whether the project is located in Orange or in another
city.
The City Manager explained that in the process of doing a survey it was found that the City of
Orange is at least $2,000 under what other cities are charging on multiple family residential,
noting that $1,230 a unit is a significant discount. The ordinance states the fee may be waived
upon submission and approval of agreements for specific projects. This is not an affordable unit
complex. Senior housing projects developed in prior years have paid the fees as required. The
project was approved years ago and is now under construction. The only reason this is being
discussed at this time is because the City allowed a deferral of payments prior to a Certificate of
Occupancy. This argument should have been made when the approvals were given by the
Planning Commission for Council consideration. The waiver of fees for something that does not
appropriately fit into the category is something that should be strongly considered in this case.
PAGE 13
CITY COUNCIL MINUTES
April 13, 1999
7. ADMINISTRATIVE REPORTS (Continued)
Councilman Slater agreed with the City Manager comments and felt the City needs more park
space. It is hoped an assumption is not being made that senior citizens don't use parks, because
he thinks they do. The City is moving toward looking at all of the fees and at that time perhaps a
separate category could be created for this type of development. The need for park space is too
great, and because this not a subsidized project exception was taken to waive the fee.
Councilman Murphy commented he could not support the fee waiver request as he believes there
will be some usage of parks.
Mayor Coontz indicated there should have been more information about the fees included in the
agenda report which would have been helpful to Council in making a decision. The Master Plan
of Parks will also help Council address in the future the true needs of the community in this area.
It was asked when can Council look forward to the General Plan Amendment and all of its
elements, and how long has it been since we last had one? The Director of Community
Development responded it has been 10 years since the General Plan was updated.
MAYOR PRO TEM SPURGEON COMMENTED FOR THE RECORD: "I will support this motion, but I
have some serious doubts whether, after this is all done and said on General Plan or any other
review, that necessarily a senior unit, whether affordable or for profit such as this, ranks at the
same level as a multi-family residential unit. Number 2. Again, to reiterate that from now on we
should make it as a matter of policy when we approve any type of a major project that requires
any of these fees, that these fees be paid at the time and debated at the time, if there are going to
be any amendments to them."
Mayor Coontz reiterated the need for information at the front counter when a project first comes
forward as this issue comes up with all aspects of development, i.e. fees, materials, etc. The
Director of Community Development explained they attempt to list the fee areas as part of the
approval process when items have come before the Planning Commission and Council. The
normal time to collect fees is before a building permit is issued. State regulations relate to
certain fees which suggest the fees should not be required at that time, but required before the
Certificate of Occupancy. In the future, his department will make a better effort to list the fees
and when they will be paid as they go through the public hearing process.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to deny the request.
PAGE 14
CITY COUNCIL MINUTES
April 13, 1999
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report from the Police Chief regarding the hiring of five police officers to augment
current Police Department staffing for a total of 153 full-time sworn officers. (C2500.K)
Tape 3903
SUMMARY: The Police Department has staffed three full time officers providing seven days
per week coverage at The Block at Orange. The Block has attracted approximately 3,520,602
visitors since its opening on November 19, 1998. This request will bring The Block staffing to
eight full time officers for the operation.
FISCAL IMPACT: The additional five full-time officers will require no additional appropriation
during the balance of FY 98-99. The addition of five full-time officers will increase the Police
Department's 99-00 budget by $351,150.
The Police Chief presented the report, explaining that two of the five positions will be partially
subsidized through a federal grant the City will receive next year. The grant is good for three
years.
Councilman Murphy added it had never been the expectation that three full time officers would
take care of the needs at The Block, even at its original projection of 200,000 - 250,000 people
per week. It was never intended that there be less than 6-8 officers at The Block. Through the
budget process, the City is looking at adequate public safety personnel to deal with the growth in
the City of Orange.
Roger Young, (address on file), commented the officers at The Block are babysitters. The
majority of arrests are for shoplifting and not major crimes. The City needs to expand the gang
unit and double the bicycle patrol. These are two major assets of law enforcement in the City.
More officers are needed in the El Modena area.
Carole Walters, (address on file) asked if The Block is paying the City for the officers? Why
don't we have officers around the school areas so the children feel safe? More officers are
needed on the streets. The Police Chief explained officers are working diligently in the El
Modena area and that no areas of the City will be left unprotected.
MAYOR PRO TEM SPURGEON NOTED FOR THE RECORD: "I too, for a long time, have advocated that
we need to bring up our sworn officers per 1,000. When we did this study, and I chaired that
Committee back in the middle 1980's, we were low then. We are still low today compared to
many other cities. It was in the paper. It is amazing and we have to give thanks over the years to
our Police Department and our professional officers, men and women out there, and civilians,
who are doing yeoman work to keep us at one of the lower crime rates in cities over 100,000 in
the nation. And that is all very commendable. But I take, as you know, ride alongs periodically
and go out. I see things, and of course, sometimes you get rumors and this and that, and so that's
fine. But I see in my own eyes what happens when we have to augment our gang unit, our bike
unit, and whether they are the right size or not, that's your call, not mine. But, when we keep
PAGE 15
CITY COUNCIL MINUTES
April 13, 1999
7. ADMINISTRATIVE REPORTS (Continued)
those units augmented at full strength we usually rob Paul to pay Peter, from other people on
patrol that are out there doing the regular calls. And we can't have that happen. Hopefully, we
will be moving in the right direction by adding these officers. And, as Councilman Murphy
mentioned, we will look forward during the budget session to these people who have to go out
and fulfill the everyday, the troll jobs, of servicing the community in whole, whether its west,
east, north, south. And I just wanted to put that back on the record. I know it costs money, but it
is money well spent, when we are talking about our No. 1 responsibility of protecting our
citizens. "
Councilman Alvarez commented the visual affect the police have had at The Block has been
exceptional. The Police Department has worked hard to prevent gangs at The Block. He asked
the Police Chief to provide an evaluation of the services that are being provided at The Block.
What is happening there? What types of crimes are we dealing with? What is their activity?
The Block has their own security. He would like to balance what The Block is doing vs. what
the City is doing. The City Manager was asked to look at passing the costs to The Block in the
future and alleviate the pressure on the City's budget to pay for the police officers.
Mayor Coontz indicated a budget study session was held which provided Council the opportunity
to speak on this issue. She recommended the Police Chief and his designees meet with each
member of the Council. A decision on the budget will be made soon and they wouldn't want to
postpone the Police Chiefs proposal for his department. Security programs offered by The
Block and by individual businesses need to be addressed.
The City Manager added staffing at The Block will be discussed at the April 19th budget study
session. Upon his request, the Police Chief has provided him with weekly information on The
Block to assist him in determining what staffing needs are and how monies need to be
appropriated. The Police Chief will be preparing a summary of the type of violations that have
occurred at The Block.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to accept the Police Chiefs recommendation to increase the Police Department staffing
to 153 full time sworn officers.
8.
REPORTS FROM CITY MANAGER
Tape 4669
8.1 Policy for supporting pending State and Federal legislation. (LII00.0)
Councilman Murphy requested Councilmembers be informed two to four weeks in advance when
legislative items will be appearing on the agenda in which they will be requested to take a
position.
PAGE 16
CITY COUNCIL MINUTES
April 13, 1999
8. REPORTS FROM CITY MANAGER (Continued)
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
8.2 Presentation of the Second Quarter 1998-99 Budget Report for the period July 1,
1998 through December 31,1998. (C2500.E.4)
The City Manager presented the report.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file the Second Quarter 1998-99 Budget Report; approve a $616,073
budget adjustment from unappropriated General Fund reserves to be allocated into the specific
accounts shown on Page 4 and 5 of the report; and approve a net reduction of $17,329 from
various non-General Fund funds as shown on Page 6 ofthe report.
8.3 Review the existence of a local emergency as declared on April 1, 1999 and ratified
in Resolution No. 9094 (Vista Royale Tract).
Mayor Coontz indicated this item will appear on every agenda.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the existence of the local emergency as previously declared.
9. LEGAL AFFAIRS - None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
THE CITY COUNCIL RECESSED AT 7:03 P.M. AND RECONVENED AT 7:20 P.M.
11. RECESS TO CLOSED SESSION
The City Council recessed at 9:28 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) (one potential cases). Contract with
ORRS
PAGE 17
-- - ---.. ---~""""'-~"'.-_._-~- _._--....-...-.~---~----~.. -~ ._.. --.'_._...~_..- ---..- .~~_. .~~~-.-_..._.._'._------...~-_._-,----~ ~..--~~,~._-_.-..~---~~
CITY COUNCIL MINUTES
April 13, 1999
11. RECESS TO CLOSED SESSION (Continued)
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 -
existing litigation. Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case
No. 78 02 84. This item was not discussed.
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City
Negotiator: Personnel Director Steven Pham; Employee Organizations: Top Management (not
discussed), Maintenance & Operations, Orange Management Association, Orange Municipal
Employees' Association and Water Department Employees' Association.
d. Public employee performance evaluation pursuant to Government Code Section 54957:
City Manager. (C2500.E)
e. 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 4899
Gary Meserve, (address on file), expressed his opinion on the Zehner project and membership on
commissions. There needs to be a different way of the City doing business which is more fair to
the homeowners and the citizens at large.
Carole Walters, (address on file), spoke in reference to Lutheran High School hearing, indicating
Council learning from their mistakes affects the residents.
Joan Crawford, 394 S. Orange, congratulated the City on implementing a traffic and circulation
study for the Old Towne area. Will there be a public hearing or study session for interested
parties to attend? The City Manager responded the traffic study issue has not been fully
developed. A public announcement will be made and input sought at the time of presentation.
Norm Phillips, 348 Redwood, asked when unused items at the library will be auctioned? He
believes he should be able to place things on the agenda, which the City has not allowed him to
do. City property located at Olive and LaVeta and on Lemon between Olive and LaVeta needs
weed removal.
PAGE 18
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS
13.1 TENTATIVE TRACT MAP 15710; MINOR SITE PLAN REVIEW 57-98;
GEORGE KLIMEK (PARADISE) (T4000.0 TRT-15710) Tape 5355
The public hearing to consider the proposed subdivision of 6.2 acres into five (5) residential lots,
of which three (3) lots would not have direct access to a public street was continued from
March 23, 1999. The site is located approximately 500' south of Santiago Canyon Road and
east of Jamestown Way.
THE PUBLIC HEARING IS CLOSED.
The Director of Community Development reported the item was continued due to the issue
involving a recreational trail in the area. This project provides a new connection in the trail that
goes through the area. The problem created by the new link is the trail gets moved to where it
should have been over the past several years on the adjacent property. There are a couple of v-
ditches which need to be crossed. There is no provision to provide the crossing facilities nor the
legal ability to condition this project for the full costs of those improvements.
Mayor Coontz noted a call was received from Mark Sandford, President of the Orange Park
Acres Community Corporation, a non-profit organization, that oversees the trails in Orange Park
Acres. Mr. Sandford indicated the owner of the project, George Klimek, has been gracious and
is donating funds for the development of a horse trail proposed in his application. The
organization is not opposed to the relocation of the trail. However, they have a problem with the
trail designation as it goes through the Colony project. Over twenty years ago, the trail and the
Colony project was designated as crossing lots A, B, and C. However, a 3-foot wide v-shaped
drainage ditch was placed within the trail area, and the trail committee has not been able to
construct and use the trail due to this impediment and the costs. The most difficult area is at the
top of the residential tract. The Committee would like to sit down with the Public Works
Director and see if they can work out a solution to what appears to be a very expensive cost
factor.
Mayor Coontz indicated the Orange Park Acres Trails Committee was asked to look at this issue
and bring back the information.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to reopen the public hearing to receive additional evidence on the trail issue.
MAYOR COONTZ RE-OPENED THE PUBLIC HEARING.
Brion Jeannette, architect representing George and Judy Klimek, commented they have sought
the trail location which is of benefit to the community and are contributing toward a fund to help
PAGE 19
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
build portions of the section which is presently not planned for.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, recommended Council approve the
Tentative Tract Map with the understanding they will continue to work together on the project.
Since the City put the trail where it is, they feel the City should participate in what they envision
to be a 3-way solution ofthe problem. It is not yet known what the overall costs will be.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Negative Declaration 1565-98 which was prepared to evaluate the
environmental impacts of this project.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Tentative Tract Map 15710 and Minor Site Plan Review 57-98 as outlined in
Planning Commission Resolution No. 96-98.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to request the Orange Park Acres Community Corporation and the Public Works Director
get together to find some resolution to the trail problem that has been existing in the area of the
Colony for over 20 years.
13.2 CONDITIONAL USE PERMIT 2273-99, DENNIS & LAURA MONTGOMERY
(C3300.0 CUP-2273-99)
Tape 5894
Time set for a public hearing to consider Conditional Use Permit No. 2273-99, a proposal to
allow construction of an accessory second unit in a single-family residential zone on property
located north of Taft Avenue, east of Cambridge Street, west of and adjacent to the northwest
corner parcel at Lindenholz Street and Taft Avenue (1143 E. Taft Avenue).
NOTE: This project is categorically exempt from the provisions of the California Environmental
Quality Act per State CEQA Guidelines Section 15303.
PAGE 20
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
The Director of Community Development reported the zoning on the property is R-I-8, currently
occupied by a single-family residence approximately 2,000 square feet in size. The lot is
approximately 18,900 square feet. These type of units are allowed by State law in any R-l zone
with a conditional use permit, subject to normal setback, building height, building separation,
and other type of development standard requirements. The property owner must reside in either
the primary or accessory unit. There is no age restriction on the units. The proposed unit is 640
square feet in size and complies with the City's regulations.
Issues of concern raised at the Planning Commission hearing were storage of paint cans in the
rear yard and garage area; a modular office structure; and a large number of vehicles and
gatherings on the property from time to time. Planning Commission conditions of approval
require removal of the paint materials; compliance with the home occupation provisions of the
City's ordinance; and removal of the temporary modular unit prior to the final inspection. There
was mention of vehicle and pedestrian access to Palmdale and the visibility of banners. The
Planning Commission addressed concerns raised relative to banners and church meetings being
held at the location. An explanation was given of the configuration of the proposed unit.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Gus Orozco, architect representing Dennis Montgomery, 3 Lake, Irvine, gave an explanation of
the proj ect.
SPEAKING IN OPPOSITION:
Edwin Bick, 1763 N. Maplewood, expressed concerns with the "Jesus Loves You" sign; a
complete inspection of the property be made prior to approving the project; the size of the house
being 2,700 square feet rather than 2,000 square feet; the unknown size of the proposed unit; the
unit being used for business purposes; the City monitoring the resident-required State law; there
being an age limit for a granny house; and the front yard which is paved over being used as a
parking lot. He requested his concerns be addressed and committed to before a vote is taken and
that a thorough investigation of the property be accomplished by the Planning Commission and a
report submitted with the correct information.
SPEAKING IN FAVOR:
Dennis Montgomery, 1143 E. Taft Avenue, commented he is a pastor of a local church. No
church meetings are held at his house. The paint cans have been relocated. The biggest issue
seems to be the "Jesus Loves You" sign. The proposed granny unit will be for grandparents use.
The existing garage was not included in the square footage of the house when the title report was
done, which is why the house was believed to be 2,000 square feet. If approved, the modular
office will be gone when construction of the granny unit is completed.
PAGE 21
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
Councilman Alvarez expressed concern that it does not appear to be a granny unit, noting the
large size of the windows and doors. Mr. Orozco explained the intent was that the unit could
also function as a multi-purpose room for a pool.
In response to Mayor Coontz, the Director of Community Development indicated this granny
unit is the maximum size allowed under State regulations, confirming there is no age restriction
on these units.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
COUNCIL COMMENTS:
Councilman Slater commented he does not oppose the project. This type ofproject is allowed by
the State. Concern was expressed with the overall appearance of the property. Without being
offensive, he indicated there might be some room for improvement. Even the banner, which he
thinks is nice, is a little bit faded. If those things could be improved, he thinks the neighbors
would be much happier.
Mayor Coontz asked Mr. Montgomery why there is an open message across the front of the
house? It has been very confusing to people. It is important to be friendly with the neighbors.
Mayor pro tern Spurgeon commented he has no problem with the project. The banner probably
does need replacing. It was requested that Code Enforcement check the property to make sure
the paint has not reappeared.
Councilman Alvarez commented that even though by law Mr. Montgomery can have it, he
cannot support it. He lives in the neighborhood south of Mr. Montgomery and has heard a lot
about his house and the neighbors not being happy. He has never seen a secondary unit come
before Council that looks quite like this one. It seems to follow the pattern of whatever he is
doing on the property and he seems to be pushing the envelope pretty hard.
In response to Mayor Coontz, the Director of Community Development read conditions of
approval imposed by the Planning Commission, included in Planning Commission Resolution
No. PC 14-99, as a result of concerns that were raised.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to find that the review of this project is exempt from requirements of the California
Environmental Quality Act (CEQA), according to CEQA Guidelines Section 15303.
PAGE 22
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
NOES - Alvarez
Moved to approve Conditional Use Permit 2273-99 as outlined in Planning Commission
Resolution No. PC-14-99.
13.3 APPEAL NO. 457; DESIGN REVIEW BOARD NO. 3383 & DESIGN REVIEW
BOARD APPEAL NO. 5-98; APPELLANT: LEMAR LUNDQUIST (A4000.0 APP-457)
Tape 311
Time set for a 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.
NOTE: This project is categorically exempt from the provisions ofthe 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 reported the determination to be made is of the proper
siding material for Mr. Lundquist's home, located within the Old Towne District, and built in
approximately 1905. The Old Towne Design Standards state that replacement material be made
with the original material when possible, but when necessary, substitutions may be made with
materials that match in design, texture, and color. The standards also state that staff is authorized
to approve replacement siding including substitutes, however, traditional detailing and intent
shall be maintained.
In 1995, Mr. Lundquist received approval from the Design Review Board and staff to construct a
garage on the rear of the property which included siding installation. Realizing the prior
approval, staff in 1998 approved Mr. Lundquist's request using the same material to reside his
house. Questions were raised within the community after the work had begun, and the owner
was directed to proceed to the Design Review Board for a determination on compliance of the
material with the Old Towne Design Standards. On November 18, 1998, the Design Review
PAGE 23
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
Board denied the request finding that the product does not meet the intent of the City standards.
Mr. Lundquist appealed the Design Review Board decision to the Planning Commission. The
Planning Commission reviewed it on December 21, 1998 and February 1, 1999 and concluded
the use of the material should be denied, stating that the replacement material does not match the
existing and profile. The owner is appealing to Council, as the material had been previously
approved on his garage structure. The pre-existing redwood siding is not repairable.
In response to Mayor Coontz, he explained that the Design Review Board (DRB) was the
approval body for the super side on the new garage structure. The DRB, by their action, would
be making a statement that they believed the material was consistent with the Old Towne Design
Standards. Their decision appears to imply that the siding approved for the newly constructed
garage would not apply to the main structure.
Councilman Slater asked if the changes would make the property a non-contributing structure in
the Historic District? There was discussion that the mitered corners where the redwood came
together would not be restored. The Director of Community Development responded the non-
contributing structure issue was discussed with Mr. Chattel, the City's historic consultant. He
concluded that use of the superside material would not make the structure non-contributing.
However, it does make it less contributing. Mr. Chattel pointed out that the existing siding still
remains underneath the material which would be applied. It is not an irreversible act that is
occurring. The material that is being applied is similar in character. The historic detail and
features ofthe house, i.e. windows, doors, eaves, etc. are not being altered with the application of
the material. He is unsure what Mr. Chattel's response was to the mitered corner concern.
Councilman Alvarez asked what the existing siding is on the house beneath the sheeting?
Concern was expressed with the handling of the corners. The Director of Community
Development responded it was not the original material applied to the house in 1905, but was
added in the 1940's or 1950's. It is a milled one-piece board to look like 3 lap siding pieces.
Mayor Coontz asked the status of the Committee working on the Development Review
Committee (DRC)? Councilman Murphy responded the final meeting will be held on Thursday,
April 15th. With the success of that meeting, it will be on the next Council meeting for review.
Councilman Slater asked what information he was basing the fact that the siding had been
changed in the 1940's or 1950's? The Director of Community Development they have no direct
information.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
PAGE 24
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
SPEAKING IN SUPPORT OF THE APPEAL:
LeMar Lundquist, 627 E. Barkley, Orange, commented to his knowledge the house has never had
a mitered corner. It has always had l' x 4's that were nailed on top of the material. The
masonite material for the new garage structure was approved by the Design Review Board in
1995. His contractor, Mr. Lanahan, received staff approval to proceed with the siding on his
house. Staff felt that since the Design Review Board approved the siding before, it shouldn't be
a problem. Mr. Lundquist stated he never would have started the project if he had known the
kind of problem that has occurred. There is redwood underneath the plywood. If the plywood
were removed, there would be 10,000 holes and many cracks in the redwood. The material he
desires for his house is an old design. He has looked for alternative siding as was suggested by
the Design Review Board, but was unable to find any.
In response to Mayor Coontz, the Director of Community Development explained the Council
Committee has discussed the materials issue. There is a priority list of where it is more
important to have original material as opposed to substitute materials. It is not always necessary
to have a duplicate of the same material when new structures are located next to an older
structure. An addition to an historic structure would have more need for a more compatible
material.
Pat Lanahan, 12631 Vista Panorama, Santa Ana, general contractor working for Mr. Lundquist
both for the garage rebuild and this project, explained the process he went through to obtain
approval on the super siding for the garage and house. Construction was initiated and shortly
stopped with a Stop Work Notice. The corners were always vertical, l' x 4's on the building.
Normally redwood with lap siding is mitered at the corners. However, the corners on Mr.
Lundquist's structures are abut fit. The intent was to make it look the same with a newer more
durable product. The only change to the structure is the siding. They have been unsuccessful in
finding a synthetic masonite-type product that more closely resembles the profile of the redwood.
Councilman Slater commented he is aware that masonite has had problems with deterioration
and that the product has been improved. What is the life expectancy of this product now? Mr.
Lanahan responded the warranty is for 25 years.
Councilman Slater asked if more applications can be accepted for the Mills Act Program? The
Director of Community Development indicated the Mills Act Program will be brought back to
Council in early summer to expand the pilot program currently in place.
Carole Walters, (address on file), commented it is wrong to have a project approved and then
receive a stop order.
PAGE 25
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
SPEAKING IN OPPOSITION TO THE APPEAL:
- Dan Diaz, 141 S. Harwood
- Joan Crawford, 394 S. Orange, suggested Council consider reimbursing the applicant in having
the plywood removed.
- Fred Gillett, 205 E. Palmyra, reported HR1172 is a bi-partisan bill being pushed through
Congress quickly which will offer up to $40,000 of tax incentive credits to those people who
restore the original house and use the original materials in the restoration of the house. This bill
will give incentives to historic districts to continue to rehabilitate houses.
- Anne Siebert, 340 S. Olive, spoke regarding the City process and disservice to Mr. Lundquist
that he has had to come and appeal something that should have been stopped at the counter and
suggested that Council reimburse Mr. Lundquist for what he has to do to bring his house back
into compliance.
- Tom Matuzak, 340 South Grand Street, submitted a letter for the record.
Reasons for Opposition: Looks of the proposed siding; original laps are available in masonite;
the redwood siding beneath the plywood can be repaired; the historic feature of the redwood
siding; increased value of house with redwood siding; existing wood facades should be
preserved; matching the house with the garage is wrong; and approval of the siding would set a
precedent.
Barbara DeNiro, (address on file), commented that many of the speakers are familiar with the
Mills Act Program; and expressed her opinion on the Culver Street issue and the Old Town
Design Guidelines.
REBUTTAL:
LeMar Lundquist commented he can understand where someone could be zealous for one thing
or another. However, they should not try to impose their point of view on someone else, simply
because they march to a different drummer. He feels his house is probably one of the most
pleasing structures on the street to look at. The house would match the garage. Paint sticks
better to the masonite product than to redwood. His garage structure is credible looking and well
constructed. If his building is approved for masonsite, it will not decrease the value of other
properties. To go back to the redwood siding would be extremely expensive. He intends to keep
his property in good shape and asked for Council to give him the authority to proceed.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
COUNCIL COMMENTS:
Mayor Coontz commented she has been involved with preservation since 1976. The question of
suitable materials has been the subject of many years of discussion. A few years ago a
PAGE 26
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
subcommittee reviewed the design guidelines to see what could be done to meet the standards of
preservation and still allow alternative materials. Requirements were made that resources, i.e.
materials lists, etc. be made available at the Community Development counter and readily
available for people in the community. As there is more recognition of the tremendous number
of homes considered to be historic, it has become more and more difficult. It is important to
review the Design Review Board and institute a Development Review Committee. The problem
with this project is that approval was given and the appellant has moved forward.
Councilman Slater commented he is embarrassed and sorry that Mr. Lundquist has had to go
through this process and feels badly that Mr. Lundquist was given the wrong advise from the
start. This needs to be rectified. The Planning Commission said the proposed material doesn't
have the same profile and the existing siding. Resolution No. PC 7-99 states that the proposed
replacement siding is inappropriate for the historical quality of the home and inconsistent with
the Old Towne Design Standards for use of alternate materials. Looking at it from a real estate
perspective, he knows that anytime someone in Old Towne has removed the siding that has been
put up over the years, whether it be aluminum or asbestos, or whatever, the value goes up
tremendously. What people are looking for is historical authenticity and original materials. In
his opinion, that is the way the house was built and what really makes it look the best. There is
definitely a value difference.
Concern was expressed whether it would still be a contributing structure. However, it certainly
would not be the same structure it was before the remodeling or replacement of the siding. The
redwood can be repaired, but will now take a little more effort with the nail holes in it. The City
has standards that the community has adopted and are important in preserving the Old Towne
integrity. It is important for every property so that there be consistency as you go from block to
block. The design standards say that such elements that cannot be repaired or recreated,
replacement should be made with the original material when possible. However, it also says
where the severity of deterioration requires replacement of a distinctive feature, the new feature
shall match the old in design, color, texture, and other visual qualities, and where possible,
materials. The Planning Commission and Design Review Board have agreed that the City needs
to enforce these standards. The City is only trying to protect the State's largest historic district.
Mr. Lundquist was commended for maintaining and trying to improve his property. He
concurred with Ms. Siebert that the City should reimburse Mr. Lundquist for the costs he has
incurred so far.
Councilman Murphy expressed concern with the Old Towne Design Standards and how to insure
they are upheld on the basis of the national registry. Mr. Lundquist had the best intentions when
he went forward with obtaining approval on this project. The City needs to remedy the situation
to where he was when he started, from a financial standpoint. The design guidelines are clear
regarding replacement materials. Even a substitution has to match design texture and color. The
proposed siding is a different design. He cannot support the siding planned as he believes it was
done on the basis of wrong information at the counter. He would like some effort made to see
what alternative materials and designs are available.
PAGE 27
CITY COUNCIL MINUTES
April 13, 1999
13. PUBLIC HEARINGS (Continued)
Mayor Coontz asked to what extent staff looked into substitute material and where it could be
obtained? The Director of Community Development indicated a considerable amount of staff
time was spent in an attempt to find similar readily available substitute materials, and were
unable to locate one.
Councilman Spurgeon commented the Council is not supposed to obligate the City and the
taxpayers the liability. However, he supports the Old Towne Design Standards as approved by
the Council. He asked the City Attorney for advice on reimbursing Mr. Lundquist for certain
things that were done.
The City Attorney explained if it is the will of the City Council to reverse the decision that was
made by the staff member, who appears to have been authorized by the Code to make that
decision, which resulted in some additional costs that Mr. Lundquist would not have incurred if
he had been given different direction at that time, then the City needs to give the claim serious
consideration. If staff were to recommended denial of the claim, the claim would come before
Council and it could be approved. He suggested Mr. Lundquist obtain a claim form from the
City Clerk's office and submit a claim for the costs.
Councilman Alvarez commented the City needs to own up to what staff has put Mr. Lundquist
through. Continuing this item will provide staff and legal help time to evaluate what it takes to
help Mr. Lundquist mitigate this.
Mayor Coontz commented this is a very unhappy situation for Council to be in. However, she
does support the issue of preservation and feels that some progress is being made. She asked
those that spoke relative to sources for obtaining substitute material come forward with that
information.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
NOES - Slater
Moved to continue this issue to one month or to the closest Council meeting to that date; staff to
assist Mr. Lundquist on obtaining sources for substitute or original material and costs; and return
to the Council meeting with that information in order to reach something more acceptable to the
community and to Mr. Lundquist.
15. PLANNING AND ENVIRONMENT - None
THE CITY COUNCIL RECONVENED FROM CLOSED SESSION AT 11: 19 P.M.
PAGE 28
CITY COUNCIL MINUTES
April 13, 1999
The following announcement was made: As part of the City Manager's performance evaluation,
the City Council voted unanimously, with all council members present, to give the City Manager
a 4 percent raise to take effect immediately.
16. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 11 :20 p.m. to an Adjourned Regular Meeting to be held on
Monday, April 19, 1999 at 5:00 p.m. in the Weimer Room to discuss Budget Revenues and
Expenditures.
/'.1
~~rC~
CITY CLERK
~.. //1';,
i~~~'$#Z~
MAYOR v
PAGE 29