01-26-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON FEBRUARY 9, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 26, 1999
The City Council of the City of Orange, California convened on January 26, 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
Bishop Mark Redman, Church of Jesus Christ Latter Day Saints
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Spurgeon
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS
Employee Recognition Service Awards were presented by the City Manager to Eric
Rosauer (Police), Hector Jumilla (Community Services), Jim Barber (police), Jeff Gray
(police), Tony Rios (public Works), Roger Elliott (Fire), Steve Smith (Public Works),
and Leroy Striegel (Community Services). (C2500.J.4)
Recognition was given to the following individuals who volunteered their services during
the holidays providing food, gift baskets and funds: Salim Nice, Premier Healthcare
Corporation; Rochelle Geach, Advanced, Inc.; Perri Selman, Selman Chevrolet; Willis
Hamilton, Hamilton Materials, Inc.; Norma Hockensmith, Area Director of Girl Scouts,
Leslie Nowakowski and Teresa Beach, Girl Scout leaders; Irene Duff, Orange County
Register; Lori Vogt, Armstrong/Robitaille; Mike Short, Orange Community Chorus; and
Erik Wakefield, Orange High School President. (C2500.N)
Mayor pro tem Spurgeon announced that Councilman Murphy was honored with
receiving the Republican Party of Orange County Award for Outstanding Officeholder in
Orange County.
Mayor Coontz announced the reopening of the Orange Public Main Library on February
6, 1999 at 10:00 a.m.
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CITY COUNCIL MINUTES
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2.
PUBLIC COMMENTS
Tape 586
Carole Walters, (address on file), expressed concerns with notification relative to a house
on the 200 block of South Glassell that will be occupied by the homeless. Notification
should also have been given to the residents of Center Street relative to the replacement
of street lights.
The Director of Community Development explained the change was not viewed as
substantial and authorization was given to the operator to make the adjustment. Mayor
Coontz noted that Assemblyman Campbell is working to change some laws so that cities
can be made aware of changes that take place. More information will be provided in the
future. Councilman Alvarez noted a meeting was held with many residents on Center
Street impacted by the removal of the street lamps.
3. CONSENT CALENDAR
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of January 26, 1999 at Orange Civic Center, Taft
Branch Library at 740 E. Taft Avenue, 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 January 7 and 14,1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of January 12, 1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Fire Station No.8 - Award of a Consultant Services Agreement for the Temporary
Site and Permanent Site design, specifications, and cost estimates. (A2100.0 AGR-
3193)
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3. CONSENT CALENDAR (Continued)
SUMMARY: This agreement authorizes the consultant for field surveying, geotechnical
investigation, utility coordination, site design, building design and minor construction
oversight for Fire Station No.8 temporary facilities and the permanent building and
facilities, both located at the City owned property at the northeast corner of Cannon Street
and Carver Lane.
ACTION: Approved an agreement with Robbins, Jorgensen, and Christopher Architects
in an amount not to exceed $139,500.00 and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program Account
No. 562-3021-481200-2683 $140,000.00 (Temporary Fire Station No.8).
APPROPRIATIONS
3.6 Appropriate additional funding for Phase II of geotechnical consulting contract and
authorize amendments to contract with AGRA Earth and Environmental, Inc. to
continue monitoring of ground movement at Vista Royale and Peralta Point
developments. (A2100.0 AGR-2944.1)
SUMMARY: Current funding for the monitoring of ground movement is nearly
depleted. Additional funding is needed to continue the monitoring and geotechnical
investigation.
ACTION: Appropriated additional funding in the amount of $200,000 to Account No.
100-5012-426700-4990-00106 and authorized the Mayor and City Clerk to execute
amendments to the existing contract with AGRA Earth and Environmental in increments
of$100,000.
FISCAL IMPACT: $200,000 is recommended to be appropriated to Account No. 100-
5012-426700-4990-00106 (Consulting Services-Vista Royale).
BIDS
(REMOVED AND HEARD SEPARATELY)
3.7 Project No. SP-3157; Glassell Street and La Veta Avenue Critical Intersection
Widening; Approval of Plans and Specifications and Advertising for Bids.
(S4000.S.3.7)
SUMMARY: Plans and Specifications have been completed for the intersection and
street widening of Glassell Street from La Veta Avenue to 350-feet south of Culver
Avenue, and La Veta Avenue from Lemon Street to Orange Street. The project is ready
to be advertised. The estimated construction cost is $575,000.
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January 26, 1999
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 271-5011-483300-3017 $93,300 (Special Gas Tax
Construction; 271-5011-483399-3017 $558,550 (Special Gas Tax Construction); 550-
5011-483300-3017 $264,377 (Reimbursable Capital Project Funds).
NOTE: Councilman Slater abstained on the item due to a property interest within 300
feet located at 222 E. La Veta Avenue.
Discussion: Fred Gillett, President of Old Towne Preservation Association, 205 E.
Palmyra Avenue, commented on the need for community involvement in the design
criteria and visual portion of the intersection, as it is the south entry into the City's
historical area.
The Director of Public Works responded specific design guidelines were promulgated by
a citizens committee formed several years ago and utilized in the design ofthis project.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAIN -Slater
Moved to approve plans and specifications and authorize advertising for the Glassell
Street and La Veta Avenue Critical Intersection Widening Project.
3.8 Approved plans and specifications and authorize advertising for bids for the annual
Street Maintenance Asphalt Concrete Overlay Contract at various locations for
Fiscal Year 1998-99. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the annual street
maintenance Asphalt Concrete Overlay at various locations. The project is ready for
bids. The estimated construction cost is $162,680.00.
ACTION: Approved plans and specifications and authorized advertising for bids for
annual street maintenance contract.
FISCAL IMP ACT: Funds are budgeted in the
available in the following accounts:
262-5021-483300-3120 $442,046
245-5021-483300-3190 $ 15,000
Capital Improvement Program and
Street Maintenance
Bikeway Maintenance
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January 26, 1999
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.9 Rejection of Bids and Re-advertising - Bid No. 989-14; Project SP-3256; Orange
Fire Department Station No.6 Barrier Wall. (C2500.M.8)
SUMMARY: The apparent low bidder, KAS Equipment and Rental, Inc., did not meet
all of the requirements set forth in the City of Orange Standard Plans and Specifications,
dated October, 1997; Section 2-1.2, Pre-qualification of Bidders.
FISCAL IMPACT: Funds are budgeted in the following account: 1 00-3021-471200-0000
$43,257.85 (Gen. Fund/Fire Suppression/Bldg. and improvements).
Discussion: Al Bitetti, representing K.A.S. Equipment and Rental, Inc., commented their
bid amount was competitive with the industry. It would be in the best interest of the City
to award them the bid.
The Director of Public Works explained the company did not meet the experience
qualifications in the specifications. The City did not feel it could justify awarding the
project to a second low bidder as only two bids were received.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to reject the two (2) bids received for construction of the project and authorized
re-advertising bids for Orange Fire Department Fire Station 6 - Barrier Wall construction.
3.10 Change Order No. Two for Main Library Renovation. (A2100.0 AGR-3057)
SUMMARY: Approval of Change Order No. Two to Hollister Construction Company in
the amount of $93,301 for construction modifications and improvements as part of the
Main Library Renovation.
ACTION: Approved Change Order Number Two to Hollister Construction Company in
the amount of $93,301.00 for construction modification and improvements; approved a
transfer in the amount of$93,301.00 from General Fund (100) unappropriated reserves to
the Main Library Renovation Account 500-7028-481105-9900; and authorized the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: After the fund transfer is executed, there will be appropriate funds
to pay for the change order in Account No. 500-7028-481105-9900 (Main Library
Renovation) $93,301.00 - Total: $93,301.00.
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3. CONSENT CALENDAR (Continued)
3.11 Change Order No. One and Final Approval of Change Order for Picnic Shelters at
EI Modena and La Veta Parks. (A2100.0 AGR-3061)
SUMMARY: Change Order No. One and final approval of change order to Lloyd
Engineering Corp. in the amount of$18,959.20 for the picnic shelter improvements at EI
Modena and La Veta Parks.
ACTION: Approved Change Order Number One and final approval to Lloyd
Engineering Corp. in the amount of$18,959.20 for modifications and field changes to the
original contract.
FISCAL IMPACT: Sufficient funds are budgeted in Account No. 510-7021-481105-
0134 (La Veta Park Renovation): $18,959.20. Total: $18,959.20
CLAIMS
3.12 CLAIMS FOR DAMAGES (C3200.0)
a. Arturo Martinez Diaz
b. Jan Graham
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
RESOLUTIONS
3.13 RESOLUTION NO. 9065 (A2100.0 AGR-3083)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 978-54; D-128; Paulus Engineering,
Inc.; Sacramento Street Storm Drain Improvement.
ACTION: Approved.
3.14 RESOLUTION NO. 9066 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Center Street
from Chapman Avenue to 158 North Center Street for a special event on February 6,
1999.
Event: Rededication Ceremony for the Main Library
ACTION: Approved.
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January 26, 1999
3. CONSENT CALENDAR (Continued)
3.15 RESOLUTION NO. 9067 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Stewart Drive
from Main Street to Bush Street for construction of a city storm drain project.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.16 RESOLUTION NO. 9068 (A4000.0 RES-9068)
A Resolution of the City Council of the City of Orange denying the appeal by the
applicant of the determination of the Planning Commission of the City of Orange relative
to the denial of the applicant's request to construct five residential units behind an
existing historic single family home upon property located at 630 E. Culver Avenue.
Mitigated Negative Declaration 1540-97
Minor Site Plan Review 58-98
Applicants: Ralph and Linda Zehner
The City Attorney noted the public hearing on this item is closed. Council cannot take
any additional evidence in reaching its decision. Comments may be received if an
individual feels that the Resolution is not consistent with the findings that the City
Council made at the public hearing.
Ralph Zehner, 630 E. Culver, commented he hopes Council will reconsider their
decision. Plans were turned in yesterday dropping the one unit. The proposed project is
scheduled to be heard by the Design Review Board on February 3rd.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
3.17 RESOLUTION NO. 9069 (A2500.0 RES-9069)
A Resolution of the City Council of the City of Orange adopting a Master Resolution of
Permit Parking Areas within the City of Orange.
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.18 Request for temporary suspension of permit parking restrictions within Permit
Parking Area "A", for a special event (S4000.S.3.1.2)
SUMMARY: The Department of Community and Library Services will host the
rededication ceremonies of the Main Library on February 6, 1999. Due to anticipated
attendance it may be necessary to park in the surrounding residential neighborhood
adjacent to the Library, and some of these streets restrict on-street parking except by
Permit.
FISCAL IMP ACT: None
ACTION: Approved the request of the Department of Community and Library Services
and suspend the permit parking restrictions (Area "A") on Saturday, February 6, 1999,
from 7:00 a.m. to 6:00 p.m.
SPEED HUMPS
(REMOVED AND HEARD SEPARATELY)
3.19 Request for the installation of five (5) speed humps on Handy St. between Collins
Ave. and Katella Ave. (S4000.S.6)
SUMMARY: This is a project to provide a long term and effective form of traffic speed
control on Handy St. between Collins Ave. and Katella Ave. The project has been
processed and developed according to guidelines and standards established in the City's
"Residential Neighborhood Traffic Management Program" approved by the City Council.
FISCAL IMP ACT: The estimated cost for the installation of five speed humps is $2,500
and is available in the department's Contractual Services Account No. 273-5032-447100.
Discussion: Russel Monroe, 2505 E. Locust Avenue, spoke in favor.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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January 26, 1999
3. CONSENT CALENDAR (Continued)
Items Nos. 3.7, 3.9, 3.16 and 3.19 were removed and heard separately. Councilman
Slater abstained on Item No. 3.7. The remainder of the Consent Calendar was approved
as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 1083
4.1 Report from Mayor Coontz - Consideration to join Orange County Regional
Airport Authority (OCRAA). (A2100.0 AGR-3194)
Mayor Coontz reported membership in OCRAA enables the City to gather information, express
concerns, promote the City's interest, participate in solutions, and exercise an active vote in the
EI Taro reuse process. As City leaders, the community needs will be represented in the planning
process. Public policy is at its best when participation is welcome from all groups. The City of
Orange has decided to join this organization, now that the reuse plans begin to take shape. The
City of Orange is not being committed to a position on EI Toro, but rather to represent the City's
interest in the planning process and listen to the community. It was noted that several letters and
Mayor Hotline calls were received in support of the City joining OCRAA.
Tom Wall, on behalf of OCRAA, reported the planning process is outlined by the Federal
government and in place in 97 cities around the country. The Board of Supervisors was chosen
in 1995 to be the Local Redevelopment Authority by the Federal government. The process has
been ongoing and a very deliberate process since that time. The first Environmental Impact
Report (EIR-563) was completed in December, 1996. The Board made the decision to move
forward with a regional international airport. The last phase of planning will be the construction
of a second Environmental Impact Report. It is important for cities in the County to have a stake
in what happens at El Toro. The Local Redevelopment Authority is a formal agency which will
prepare the plan. The Orange County Regional Airport Authority is a collection of cities who are
interested in now becoming involved leading to the final decision which will be made by the
Board at the completion of the Environmental Impact Report at the end of 1999. Mr. Wall
encouraged the City to join OCRAA at this time, so through the end of 1999 the City can be an
active participant.
Nate Wisely, 215 S. Dunas Street, asked if OCRAA is an organization that supports the airport
plans? Concern was expressed that the City not act prematurely in joining OCRAA. Interest
was expressed in the second EIR report.
Peggy Ducey, Executive Director of OCRAA, commented some will characterize the City
joining OCRAA as taking a pro-El Toro stand, indicating she is not asking Council to take a
stand in advocacy of El Toro becoming an aviation reuse, but only to become part of the
planning process. In the past, OCRAA has been an advocate ofEl Toro. However, as more
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CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
cities are coming on board, the position of OCRAA is evolving. Currently eleven cities have
joined OCRAA. Some cities adamantly support the El Toro reuse for an aviation reuse and some
are adamantly neutral. The organization has evolved away from an advocacy organization and
more towards an organization that wants facts and direct information.
Carole Walters, (address on file), commented on the process being political.
Speaking in opposition:
Meg Waters, 23605 Via Aguila, Trabuco Canyon, representing the El Toro Reuse Planning
Authority (ETRP A), urged Council to remain neutral in the process. OCRAA is an advocacy
group. Membership is OCRAA will present reasons for an airport, but not reasons to be
concerned about an airport and things that concern residents in South Orange County. The City
joining OCRAA would be an indication of carte blanche support for an airport which may have
some very negative impacts on the community.
Mimi Walters, 4 Tattersall, Laguna Niguel, Board Member for ETRPA, commented OCRAA is a
pro-airport advocacy group funded largely by the City of Newport Beach with a mission to see
that a large commercial international airport is built at El Toro. For the past six years, the
ETRP A cities have been united in their efforts to oppose the imposition of a 24 million passenger
airport operating 24 hours per day over their homes and communities. Since the County
withdrew from ETRPA, they have been systematically shut out of the planning process and given
no meaningful voice in the planning of the airport. The County has not finished the airport plan-
it is too early to decide.
Speaking in favor:
Brian Taylor, 7615 E. Skylark Place
Mary Miller, 122 S. Sage Hills Road
Reasons for support: Keeping the citizens informed in making a better decision in the future.
COUNCIL COMMENTS:
Councilman Alvarez asked if the City of Orange has been asked to join ETRPA? Is ETRPA
anti-airport? Ms. Walters explained ETRPA is a conglomerate of seven South County cities.
Ms. Waters explained when the County of Orange withdrew from ETRPA, the cities of Lake
Forest and Irvine remained intact and extended the invitation to other South County cities to join.
Membership in ETRP A is a financial commitment for cities. Advisory members or ex-officio
membership may be considered. Councilman Alvarez commented he would encourage that type
of membership.
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CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
Councilman Slater referred to the Goals and Objectives of OCRAA, noting that by joining
OCRAA the City is being a participant, not a sideline viewer of the process, and he looks
forward to representing the Council by serving on the Board.
Mayor Coontz commented the OCRAA meetings are conducted very well. The City has waited
for the process to get to this point to become involved.
Councilman Murphy expressed the importance of participation in the process and representing
the interests of the City of Orange.
Mayor pro tem Spurgeon expressed support in joining OCRAA for information to guide the City.
An airport will obviously impact the City and its sphere of influence and will hopefully benefit
the City in a positive manner.
Councilman Alvarez stated for the record: "Publicly, I was pretty much opposed to the airport
solely on one issue, and that was the quality of life for not only East Orange that exists now but
East Orange that is coming in the future. However, at this point, I support this move with just
the condition that I put on myself - that I want to look more into ETRP A. And I want that
information also to come forward so that it can be shared with the Council here. And ultimately,
as Councilman Spurgeon pointed out, not only do we want the information, we want to make a
good decision for this City. And we want to recognize that Orange isn't an island, but it is part
of the family of cities here in Orange County. In talking with a lot of people at the County level,
former Supervisor Don Saltarelli as well as Todd Spitzer's office, there are a lot of questions that
it keeps raising. I think at this point, I know for me, I just want the information that is available.
And if ETRP A can do it for us, great. I invite them to do it for us or invite our City, and at the
same time, I think this is a good move. We need to be a part of the City family in these
discussions. So I definitely support this."
Mayor Coontz explained the City's sphere of influence are the lands owned by The Irvine
Company to the east. She has been assured that the flight pattern over the City's sphere of
influence is not a problem.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to authorize the Mayor and City Clerk to execute the OCRAA Joint Powers Agreement
that has been reviewed by the City Attorney.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
Moved to designate Councilman Slater as voting member and Mayor Coontz as alternate
member.
Mayor Coontz asked Councilman Slater to provide the Council and the community with regular
updates as the El Toro Reuse Plan process continues to unfold.
4.2 Establish the Millennium Commission and appoint Councilman Murphy as
Chairman. (ORI800.0.30)
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to appoint Councilman Murphy as Chairman, to come back with a design for the
Committee. The Committee would present the goals, time, type of events, and the budget.
4.3 Establish East Orange Annexation Committee and appoint Mayor Coontz,
Councilman Murphy and Planning Commission Chairman Randy Bosch. (ORI800.0.26.2)
Mayor Coontz reported the need to establish the East Orange Annexation Committee due to the
East Orange Annexation coming up at the end of this year. The City Manager explained the
Annexation Agreement with The Irvine Company stipulates that an annexation would be
completed by the end of 1999. It is important the City establish the Committee in order to have a
dialogue with The Irvine Company.
Councilman Alvarez suggested the inclusion of individuals from the Orange Park Acres or
Santiago Hills areas. Mayor Coontz explained opportunities will come along for their input in
the process.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to establish an East Orange Annexation Committee and appoint Mayor Coontz,
Councilman Murphy and Planning Commission Chairman Randy Bosch.
4.4. Library strategic plan and expansion of facilities and programs.
Tape 2118
Mayor Coontz reported the long-awaited grand reopening of the Orange Main Library on
February 6th will be a momentous event for the City. The City is fortunate to have the right
chemistry on the City Council which totally supports the community's needs. Not only did
Council recognize the need to make the existing Main Library earthquake-safe, the need was
seen to completely update the building. The new interior is dazzling. There is emphasis on
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CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
openness and plenty of light to draw people into its friendly atmosphere. But Council needs to
do more.
Built in the early 1960's, the Main Library was never planned to address a population that would
grow 500% in forty years. The renovated library will provide an intermediate range solution to
the City's library needs. It provides only one-quarter of the space really needed to serve the
ever-growing population. The beautifully renovated library beckons a plan for expansion - to use
the former Bank of America building across the way, purchased not long ago by the City for
expanSIOn purposes.
The City if fortunate to have a strong Library Board and the Friends ofthe Library, a fundraising
arm, which raises money through their bookstore to supply material needs. Members of both
organizations have expressed the need for the City to move ahead with facility planning. The
cultural, recreational, and educational value of the City's public library is evident. What the City
needs to do now is supply the vision. The Council has heard through staff that it needs a
strategic plan.
The Mayor directed the City Manager to return to Council with a Strategic Plan to reach the goal
as outlined above, and to include a review of the Arroyo Study and the hiring of a consultant to
consider space, architecture, and cost proposals.
The Library Foundation, led by Randy Bosch, has indicated it will be ready to raise money for
capital needs once a master plan or capital program is adopted. The Foundation is eager to move
ahead with an effective fundraising campaign, based upon the guidelines set forth by the Library
Board and the Council.
Councilman Alvarez commented with the reopening of the library, either a department head
position or another position would relieve the Director of Community/Library Services of some
of his duties. Mayor Coontz responded after speaking with the Friends of the Library, Library
Board members, and others, it was felt that Council should have its own perspective. At a later
date the hiring of a Library Director could be considered.
4.5 Proposed refinements to the Design Review Board Process. (ORI800.0.8.1)
Mayor Coontz reported as consideration is being given for a vacant position on the Design
Review Board, it is timely to also consider an organization change.
The goals would be:
. To provide a more efficient and effective process for quality customer service.
. To provide direction and tools to the reviewing body so they may fully understand their role.
. To improve accountability to the Council, community and citizenry.
PAGE 13
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CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
A newly organized staff/community Development Review Committee (DRC) was proposed to
include in its membership: l) the Community Development Director or designee and specialized
staff support for historic, landscape, structural and other; and 2) three Council appointed design
professionals. Appointed community design professionals on the Development Review
Committee would provide more direction and be picked individually for their ability.
The first order of business would be to make the necessary changes to the Ordinance addressing
the Committee organization. There are also procedural changes that will benefit the operation of
the new staff/community Development Review Committee (DRC). It is envisioned a number of
the minor items currently requiring full DRC review to require only approval by the staff DRC
member in the future. Appeal processes would be available, but the process time for many of the
projects would be much quicker and still consistent with state planning law. CEQA review
would continue to be handled by the Planning Commission and City Council.
New processes and thresholds take time to develop. Two Council designees and the Planning
Commission Chairman would work with staff to establish these for future adoption and to return
to Council in 60 days. Review by the DRC would include PUD's, Specific Plans, Special
Studies and interpretation of adopted design standards, among other items. The Committee
would continue to be advisory to the Planning Commission.
If Council agrees with the changes, Mayor Coontz indicated she would like to have them
implemented as soon as possible. It was suggested that Councilman Murphy and Councilman
Slater be the two Council designees, along with Planning Commission Chairman Randy Bosch.
COUNCIL COMMENTS:
Councilman Slater expressed concern that an applicant can get stuck at the design review level.
Most of the problems seem to arise in the Old Towne area and there seems to be an extreme lack
of clarity on what people can and cannot do. Correct information needs to be given from the
start, with the historical expertise at that level. It is hoped the Committee can discuss the
possibility of an advisory board, perhaps like a "Heritage Board", that does not go to the Design
Review Board. People with true historic perspectives could look at the proposals and provide
input, so that there is no misunderstanding.
The Director of Community Development explained the Staff Review Committee is one of the
first groups that reviews development proposals. In the process, the proposal goes through the
Planning Division staff which have expertise and an understanding of the historic issues.
Mayor Coontz suggested the concerns expressed relative to the development review process prior
to the project coming before the DRC be discussed and addressed to the City Manager. A report
on the newly organized DRC process is to be brought back to Council in 60 days.
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January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
Councilman Murphy commented a goal would be to streamline the process, without duplicating
efforts or hearings. A staff based committee with appointed design professionals is a better way
to deal with issues before the Design Review Committee.
Mayor pro tem Spurgeon expressed interest in the newly proposed Committee.
Councilman Alvarez suggested that during the 60 day period Councilmembers and Planning
Commissioners give their input on the development of the DRC. There are many things he
would like to see included in the scope of work of the Committee. Community input needs to be
included in the process.
The following people spoke:
Carole Walters, (address on file), commented she would like to see people on the DRC who are
neutral and don't have their own plans for Old Towne.
Fred Gillett, 205 E. Palmyra Avenue, commented it is important to have professional input from
City staff and the community, with significant historic preservation experience. The historic
structures, especially the National Historical District, need to be protected. Support was
expressed for a separate subcommittee to specifically address the historical district and structure
issues separate from the DRC.
Mayor Coontz responded the professionals on staff would be called according to the application.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to proceed with the newly organized staff/community Development Review Committee
(DRC) and appoint Councilman Murphy and Councilman Slater as Council designees.
4.6 Reappointment of citizens to the following City Committees, all terms to expire
January, 2000.
AUDIT COMMITTEE
Eric H. Woolery, David E. Sundstrom, Steven E. Meadows
BUILDING BOARD OF APPEALS/HOUSING BOARD OF APPEALS
Frank Bauman, Jim Brennan, Jack Selman
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMITTEE
Victoria James, Harry St. George, Bea Vega, Richard Ledesma, Linda Zehner
COMMUNITY VIDEO ADVISORY BOARD
Marcia Salley, Jerry Coker, Pat Buttress, Bob Mickelson
PAGE 15
CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
EAST CHAPMAN IMPROVEMENT COMMITTEE
Jessie Ledesma, Nora Razo, James Whitaker, Sylvia Caigoy, Bob Torres
INVESTMENT ADVISORY COMMITTEE
James Hansen, Harold Jackson, Charles Simons
ORANGE ELDERLY SERVICES, INC. BOARD OF DIRECTORS
Richard Alarcon, James R. Smith, Gene Beckerbauer, Barbara Resnick, Chuck See
(Council Nominations to Board only)
SANTIAGO LIBRARY SYSTEM LAY ADVISORY BOARD
Ardelle Courtney
*Director of Community Services to provide information on committee's goals and actions for
the past year.
Mayor Coontz noted the above members have all indicated their desire to continue as members
of the above committees.
Mayor pro tem Slater expressed concern with non-staggered terms; Library Board and Orange
Park Acres Planning Committee appointments; and that some members listed above have served
for a long time. Can changes be made on these Committees at any time?
Mayor Coontz noted the Library Board is not addressed at this time because they are looking at
the addition of a non-voting member. The direction of the Orange Park Acres Planning
Committee is being reviewed. With changes to Council every two years, it is a good idea to have
two year terms for Boards and Committees. It provides Council an opportunity for review.
Boards and Committee members serve at the pleasure of the Council. Maddy Act requirements
apply only to unscheduled vacancies.
Councilman Alvarez commented that he was unaware of how long these members have served
and what their attendance at meetings has been. That information should have been provided to
Council. Terms limits should be enforced on some ofthe Board and Committees.
Mayor pro tem Spurgeon commented it is ideal for new Councilmembers to have an opportunity
to review the Committees and determine whether they want to reappoint the individuals.
Councilman Slater indicated he would like to discuss with Mayor Coontz the Community
Development Block Grant Program Committee and the East Chapman Improvement Committee.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve reappointments to the modified list with terms to expire January, 2001. The
Community Development Block Grant Program Committee and the East Chapman Improvement
Committee be continued to February 9, 1999.
PAGE 16
CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
4.7 Confirm citizen appointments to the following commissions, expirations of terms are
by ordinance.
CITY TRAFFIC COMMISSION
Frank Sciarra, Richard Yarger, Wes Poutsma, Joe Fortier
PLANNING COMMISSION
Randy Bosch, Toni Carlton, Ben Pruett, Teresa Smith, H. Ken Romero
Carole Walters, (address on file), expressed concern that people serving on the Planning
Commission need to be neutral.
Councilman Alvarez commented term limits should apply to Planning Commissioners, as they
apply to Councilmembers. There are good people in the community who would serve, if given
the opportunity, bringing new ideas.
Councilman Murphy commented on appointed Boards and Committees an experience level is
gained. Traditionally, Planning Commission members have each been separately nominated by
individual members of the Council. However, he does support term limits from an elected office
standpoint.
Mayor Coontz noted from serving on the Planning Commission for approximately eight years, it
is a great learning process with a high majority of issues being land use. It is a great benefit to
the City to have experienced people on the Commission.
Councilman Slater commented members with the experience and expertise are worth a lot to the
City. However, he concurred with Councilman Alvarez that although people may still be willing
to serve, there are other people willing to serve on committees that may not have quite as much
expertise or the skills required who would also like to serve.
Mayor pro tem Spurgeon commented that term limits on the Council will translate into more
changes on the Committees.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to confirm the appointments.
4.8 Proposed Urban Light Rail Alignments throughout the City of Orange. Tape 3744
Mayor Coontz reported that yesterday the Orange County Transportation Authority (OCT A)
Board of Directors approved a range of alternative alignments for what they call "urban rail" to
be further studied in the environmental process this year. One of the alignments is the
consideration ofa rail system on Chapman Avenue between Main Street and State College
PAGE 17
CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
Boulevard. The majority of Council in briefings held last year strongly opposed any
consideration of a rail system for this segment of Chapman. That position was clearly conveyed
to OCTA in the City Manager's letter dated December 15, 1998.
In order to emphasize the City's opposition to the Chapman alignment, the Mayor attended
yesterday's OCTA Board meeting to present the City's view on the issue. The City did not know
they were going to place this specific item on the agenda. The City has been working
cooperatively with OCT A and consultants for many years towards the development to improve
mobility in Central Orange County Corridors (Central Line). City staffhas spent over 700 hours
assisting the development of this project. However, in spite of what the City thought was a
mutual understanding between the two agencies, the City has become seriously concerned about
the direction the project is taking. At issue is the surprise consideration of Chapman Avenue
between Main Street and the SR-57 Freeway as an alternative to The City Drive alignment,
which has been thoroughly studied and is a local preference. The City prefers to hook up to
La Veta Avenue to Main Street to access the two major job centers in the City of Orange. The
eight lane City Drive Corridor is the major employment center representing 15,000 jobs a day,
and is rapidly growing. The Block is attracting well over 200,000 visitors a week. There is great
potential there for light rail ridership generation more than any other area in Orange. The future
development of The City Drive area and The Block could add 500,000 sq. ft., which includes the
high rise office space.
OCTA's Board was informed that the City strongly opposes the preparation of any studies for the
alignment on Chapman Avenue. Any rail system along Chapman Avenue, regardless of its
technology and alignment, is completely incompatible with the City's long-range goals and
vision for that part of the City. As a matter of principal, long-term land use decisions like this
should be left to the local municipalities, which was not what was happening yesterday.
Any preliminary analysis of Chapman Avenue would indicate that it would not be a cost
effective route. OCTA's estimate of $1.3 billion, does not include the right-of-way acquisition
for the length between State College and Main Street which would be significant, or what is
called the ''wholesale adverse economic impacts" to the west end community. The Chapman
alignment would bypass most and perhaps all of the major attraction points along The City
Drive.
The City has been a good friend to the urban rail system and has long been willing to work with
OCTA on this. This has been done even in the face of controversies associated with the project.
Any further consideration of a Chapman alignment would place the City in an adversarial
position toward the urban rail project. Introduction of light rail on Chapman Avenue is very
important for the people on the west end. It will seriously restrict access opportunities for the
existing strip, eliminate left turn movements, the additional right-of-way it would take to
accommodate the urban rail, and the new street cross section will significantly reduce the sizes of
the commercial parcels in the area which are already less than desirable. The very small
commercial parcels will not be suitable for any serious transit-oriented high density
PAGE 18
CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
development. Any such development will require acquisition of some residential property
behind the commercial parcels, resulting in a complete change to community character in that
part of the City.
The City has a current project with Caltrans and OCTA to significantly improve the SR-22 City
Drive interchange, which is the highest priority in the County. Over $180,000 has been spent to
prepare a project study. This project alone would significantly increase the opportunities for a
rail system crossing of the Orange crush and the Santa Ana River to facilitate the LaVeta
alignment. OCTA Board members were supportive and considerate of the City's concerns and
opposition to the Chapman alignment and felt this alignment should remain among the
alternatives to be further studied in the environmental process.
Board Members, Supervisors' Coad and Spitzer, Mayor Polito of Santa Ana, Director Katz and a
Mission Viejo Councilmember share the City's concern about the true costs of the alternatives.
By emphasizing this, it is believed that OCTA realizes they were given a project that had billions
of dollars in it but with no real costs. OCTA staff was directed to include all the right-of-way
costs, the business and community impact, the expenses, and the costs of traffic mitigation in
future studies. Supervisor Coad was quoted as saying "the unquantifiable impacts of this project
on family-oriented communities such as Orange in terms of disruption to the residential
communities". All the Board members acknowledged the City's strong opposition to the
Chapman alignment and directed staff to keep this in mind during the preparation of the
environmental and technical documents. The City has experience with EIR's and knows that
unless the proper direction is given, something can come out that you want and not what
someone else wanted. This is the first step in a long process. A decision will be made in
December. There needs to be a Council study session after staff has looked at this issue.
The City Manager commented he will work with Community Development and Public Works to
attempt to identify at least a partial list of issues, concerns, and options that Council needs to
consider for alternative routes and bring back a report to Council. He requested Council's input,
concurrence, and direction in providing information to OCTA. A concern is that only $100,000
has been allocated to the City. It would be difficult for the City to hire consultants.
Mayor pro tem Slater commented he is far from being supportive of the urban rail as it is a poor
expenditure of taxpayer dollars and questions how much it will be used. It will be heavily
subsidized if it is built. He regrets that it was never discussed among the Council, but is glad the
OCTA Board is considering Chapman Avenue as an alternative alignment. If it is going to
happen, he doesn't want it to be viewed as a lost opportunity for the City. It is conceivable that it
could potentially be a benefit to the City. Since Chapman Avenue has been chosen as an
alternative for study, he hopes the City would aggressively get around it, discuss it amongst the
Council and tell OCT A that should the alignment proceed, or if there is some failed flaw in the
La Veta alignment, that Council makes sure it is an opportunity for the City and designed for the
best interest of West Orange.
PAGE 19
CITY COUNCIL MINUTES
January 26, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
Councilman Alvarez indicated underground utilities and the change to the aesthetics of the
streetscape are a benefit. Is the project state or federally funded? If funding is coming through,
it would be in the City's best interest to see if something can be done so it isn't going through the
neighborhoods. The City Manager responded much of the project is federally funded. It was
voted that some Measure M monies be specifically used for rail study and construction.
Mayor Coontz noted one of the fears is the expectation that the City will afford OCTA the
opportunity with City land, just as San Jose has done. The Director of Public Works explained
the San Jose system is in roadways. OCT A has easements for the use of the roadways, not
exclusive rights-of-way that are apart from the roadways, except when they moved out of the
developed areas, and they acquired rail alignments along with the developments. Councilman
Alvarez noted the San Jose urban rail system does not support itself. They are actively looking
for grants to support their system when the present grants run out.
Councilman Murphy commented the City's interest needs to be represented. If the project goes
through, it should benefit the employment and revenue generating center in the western corner of
the City. It is still unknown what the cost to the taxpayer will be with this type of system.
COUNCILMAN SPURGEON COMMENTED FOR THE RECORD: "I am consulting with the City Attorney
because I own a parcel of property, not within 300 feet but possibly within 1,000 feet or so, or
even more, between LaVeta and West Chapman, on both prospected areas. That piece of
property may be subject to sale or rezoning at a later date, or at a very near future date. So,
because of that, I am not going to participate in any of this until I get a firm ruling and get some
firm measurements."
Speaking in opposition:
Carole Walters, (address on file)
GeoffOzsvath, 2710 Vista Crest
Chris Ema, 1502 LaLoma Drive
Bob Bennyhoff, 10642 Morada Drive, spoke regarding his participation on the Measure M
Committee.
Concerns: Costs to taxpayers; anti-rail - pro-bus; and notification issues.
THE CITY COUNCIL RECESSED AT 7:02 P.M. AND RECONVENED AT 7:18 P.M.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilman Alvarez - Consideration of the City Council to look at the business
license retroactive payments that are being asked of the Orange County Children's Care
Association (continued from 11/10/98 and 1/12/99).
PAGE 20
CITY COUNCIL MINUTES
January 26, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION - Alvarez
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to February 9, 1999.
NON-AGENDA ITEM
Councilman Alvarez, who serves as a member of the Orange County Vector Control District,
reported on the red imported fire ant problem in Orange County. Information on the red
imported fire ant is available in a brochure through the State Agricultural Department. The web
site address is www.cdfa.ca.gov.Thehotlinenumberisl-800-491-1899.Itis the responsibility
of the California Department of Agriculture to tackle the problem. Senator Lewis and
Assemblyman Campbell are sponsoring Senate Bill (SB)204 which will fund the attack on the
red ant. A letter from the Council, through the Mayor's office, supporting the efforts of Senator
Lewis and Assemblyman Campbell, would help expedite the effort. The County is looking at
various alternatives to address the problem. Additional information can be obtained from the
Orange County Vector Control District.
6. REPORTS FROM BOARDS, COMMISSIONS AND COMMITTEES
6.1 Report from the Director of Community Services concerning the Ad Hoc
Committee's recommendation to sell the Ainsworth House located 414 E. Chapman
Avenue to the Orange Housing Development Corporation. (OR1800.1.18)
The Director of CommunitylLibrary Services reported staff proposes the Ainsworth House be
sold to Orange Housing Development Corporation (OHDC) on the condition that certain repairs
be made and a deed restriction on the property that will ensure that the house maintains its
historical landmark. If the sale is completed, the City will transfer assets to OHDC and will no
longer incur the costs of upkeep and maintenance. In lieu of paying cash for the property, OHDC
will pay an estimated $90,000 for foundation improvements and plumbing, electrical and roofing
repairs. At the request of the City, if the sale is granted, OHDC will permit pre-scheduled tours.
Mayor Coontz noted she participated as a community member in the Bicentennial purchase of
the Ainsworth House in 1975. The Ainsworth House was the first building listed on the National
Register. The main room will be kept as a memorial to the Ainsworth family. The remainder of
the house will be used for OHDC offices. The house will continue to retain its historical quality.
Councilman Alvarez asked what the fair market value of the house is? The City Attorney
responded documents will be brought back to Council. An estimate on property's worth will be
brought back at that time.
PAGE 21
CITY COUNCIL MINUTES
January 26, 1999
6. REPORTS FROM BOARDS, COMMISSIONS, AND COMMITTEES (Continued)
Councilman Slater commented on the parking problem, the condition of the house and deferred
maintenance, indicating he would be surprised if the market value is much more than $225,000.
He feels this is a fair consideration given OHDC is willing to maintain the exterior and interior
and also allow the City to pre-schedule tours.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the sale of 414 E. Chapman Avenue to Orange Housing Development
Corporation; authorize staff to prepare the necessary documents; and the documents and an
estimate on the property's worth be brought to Council.
6.2 Report from the City Treasurer on the Investment Oversight Committee Quarterly
Report for the Quarter Ending December 31,1998. (ORI800.0.27.16)
The Finance Director presented the report. In response to Councilman Alvarez, it was noted
there would be no benefit in increasing the weighted-average on a return to five years.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Finance Director - Treasurer's report for the period ending
December 31, 1998. (C2500.F)
The Finance Director presented the report.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
7.2 Report by the Director of Public Works concerning the widening of LaVeta Avenue
from Glassell to Shaffer Streets. (A2500.0 ORD-6-99)
NOTE: Councilman Slater abstained from voting on this item due to a property interest at 222 E.
La Veta Avenue.
PAGE 22
CITY COUNCIL MINUTES
January 26, 1999
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 9063
A Resolution of the City Council of the City of Orange modifying the ultimate width of La Veta
Avenue between Glassell Street and Shaffer Street.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAIN - Slater
Moved that Resolution No. 9063 as introduced, be adopted and same was passed and approved
by the preceding vote.
ORDINANCE NO. 6-99
An Ordinance of the City Council of the City of Orange amending Sections 12.52.022 of the
Municipal Code of the City of Orange relating to street dedication on La Veta Avenue.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAIN - Slater
Moved that Ordinance No. 6-99 be read by title only and same was set for second reading by the
preceding vote.
7.3 Report from the Economic Development Director regarding an Affordable Housing
Agreement by and between the Orange Redevelopment Agency and the Orange Housing
Development Corporation. (A2100.0 AGR-3195)
SUMMARY: The Orange Housing Development Corporation (OHDC) plans to acquire and
rehabilitate a triplex located at 1741-1745 East Adams Avenue. The total estimated cost of the
project is $254,620, which includes $39,720 for rehabilitation. OHDC intends to obtain a 30-
year loan of $104,800 from Washington Mutual Bank, and has asked the Agency to fund the
$149,820 balance. Staff is proposing that the Agency provide a 30-year loan of $30,000 at three
percent simple interest and a grant of $119,820. In return for the assistance, the units would
remain affordable for a 55-year period.
FISCAL IMPACT: Housing Set-Aside funds are available for this purpose in the Southwest
Housing Set-Aside Project Account.
The Director of Economic Development presented the report.
PAGE 23
CITY COUNCIL MINUTES
January 26, 1999
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 9070
A Resolution of the City Council of the City of Orange approving an Affordable Housing
Agreement by and between the Orange Redevelopment Agency and the Orange Housing
Development Corporation regarding 1741-1745 East Adams Avenue and making certain
findings.
MOTION - Spurgeon
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 9070 as introduced, be adopted and same was passed and approved
by the preceding vote.
MOTION - Spurgeon
SECOND - Slater
AYES - Murphy, Slater, Mayor Coo~tz, Spurgeon, Alvarez
Moved to authorize the Agency Board to appropriate a total of $149,820 in Housing Set-Aside
funds for the project.
8. REPORTS FROM CITY MANAGER - None
9.
LEGAL AFFAIRS
Tape 6640
9.1 ORDINANCE NO. 1-99 (A2500.0 ORD-I-99)
An Ordinance of the City Council of the City of Orange amending Chapter 10.30 of Title 10 of
the Orange Municipal Code Pertaining to parking requirements.
MOTION -Slater
SECOND -Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 1-99 be read by title only and same was passed and approved by the
preceding vote.
9.2 ORDINANCE NO. 2-99 (A2500.0 ORD-2-99)
An Ordinance of the City Council of the City of Orange amending Section 17.04.020 of the
Municipal Code of the City of Orange relating to adult enterprises.
PAGE 24
CITY COUNCIL MINUTES
January 26, 1999
9. LEGAL AFFAIRS (Continued)
MOTION - Alvarez
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 2-99 be read by title only and same was passed and approved by the
preceding vote.
9.3 ORDINANCE NO. 3-99 (A2500.0 ORD-3-99)
An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code pertaining to speed limits.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 3-99 be read by title only and same was passed and approved by the
preceding vote.
9.4 ORDINANCE NO. 4-99 (A2500.0 ORD-4-99)
An Ordinance of the City Council of the City of Orange revising fees for City Sanitation
Services and amending Chapter 13.60 of the Orange Municipal Code.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 4-99 be read by title only and same was passed and approved by the
preceding vote.
9.5 ORDINANCE NO. 5-99 (A2500.0 ORD-5-99)
An Ordinance of the City Council of the City of Orange adopting the newly codified Orange
Municipal Code prepared by Book Publishing Company.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 5-99 be read by title only and same was passed and approved by the
preceding vote.
PAGE 25
CITY COUNCIL MINUTES
January 26, 1999
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 9:00 p.m. (following the 7:00 p.m. 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 case). Contract
withORRS
b. Public employee discipline/dismissal/release, pursuant to Government Code Section 54957.
c. 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; Jones v. City of Orange, Orange County Superior Court Case No.
790175.
d. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
City's Negotiator: Personnel Director Steven Pham; Employee Organizations: Maintenance &
Operations, Orange Management Association, Orange Municipal Employees' Association and
Water Department Employees' Association. (This item was not discussed).
e. Public Employee appointment pursuant to Government Code Section 54957. Title: Police
Chief - Recruitment Status
f. 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.
URGENT ITEM
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation.
Kim vs. City of Orange
Walker vs. City of Orange
MOTION- Murphy
SECOND- Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the need to take action arose after the posting of the agenda and there is a need to
take immediate action.
The City Council reconvened from Closed Session at 10:44 p.m.
PAGE 26
CITY COUNCIL MINUTES
January 26, 1999
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 6850
Carole Walters, (address on file), commented that approximately 98% of those attending the
meeting with the trash consultant voted in favor of retaining the current company. She will
prosecute anyone that has used her name to hurt anyone or anything, indicating this happened the
evening of the meeting with the consultant.
Russell Muro, 319 N. Willow Springs Road, spoke regarding senior citizen housing projects,
street conditions and maintenance issues, and the affect it has on his quality of life and the
residents of the City. Is there a reason why these streets are not being kept?
Mayor Coontz indicated the City Manager has noted Mr. Muro's concerns.
13. PUBLIC HEARINGS
13.1 APPEAL NO. 447, VARIANCE 2054-98, OUTBACK SELF STORAGE (A4000.0
APP-477)
The public hearing on petition by Bruce Jordan, Jordan Architects, Inc. to appeal the decision of
the Planning Commission on August 17, 1998 to overturn the Zoning Administrator's decision
and thereby deny the installation of a wall sign which exceeds the maximum area and a
freestanding sign which exceeds the maximum height required by code has been continued from
January 12, 1999. The site is located at 1944 East Taft Avenue. NOTE: This project is
categorically exempt from the provisions of the California Environmental Quality Act per State
CEQA Guidelines Section 15311(a).
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
Outback Self Storage project requires a pole sign to be visible from the freeway otherwise a
financial hardship will result. Appellant incorrectly states that this sign would create a precedent.
To deny this sign would take away a privilege granted to several other freeway oriented
businesses. The City has made the "findings" previously that the elevated freeway is a unique
circumstance and has granted variances for similarly situated properties. I respectfully request
that the City Council uphold the Zoning Administrators approval of Variance 2054-98 based on
the unique size, shape and location to the adjacent elevated 55 Freeway.
Mayor Coontz noted a letter was received from Pat McCrary, 2415 E. Taft Avenue.
The Director of Community Development reported this is a newly constructed self storage
facility on the south side of Taft Avenue, adjacent to west side of the 55 Freeway. The sign
requested is a pole sign located approximately 800 feet south of Taft Avenue, oriented for
freeway recognition.
PAGE 27
CITY COUNCIL MINUTES
January 26, 1999
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking in favor:
Bruce Jordan, representing Outback Self Storage, presented reasons why his appeal of the
Planning Commission's decision on the proposed 35 foot sign should be granted. He addressed
the following concerns: exposure to the freeway; height and location of the sign; deterioration of
the area; creation of a precedent for more signs along the 55 freeway. Mr. Jordan requested
Council consider the grounds for the appeal to the Planning Commission are somewhat lacking
and not factually correct. Outback Self Storage would like their sign at freeway elevation so it
can be seen. Their hardship is the differential of the freeway. Other variances have been granted
along the freeway for signs that do not have the same differential in height.
Speaking in opposition:
Vincent Ruzzano, 1763 Warbler Place
Alex Ciavola, 2440 E. Hillside
Betty and James Roberts, 1752 N. Morningside Street
Jennifer Atkins, 1752 N. Morningside Street
Chuck Frey, 2309 E. Lakeside
Reasons: Not a financial hardship; illumination of sign; property is clearly visible from the
freeway; exceeds maximum height required by code; and could set a precedence.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
REBUTTAL:
Bruce Jordan responded the size of the sign is not the variance that is permitted by code.
Outback Self Storage is asking for the right that other property owners have been granted, that
the sign ordinance was envisioned to allow a 15 foot high sign relative to the street that it abuts.
They are looking to make up some of the differential from the 25 feet of freeway elevation to be
able to identifY their property from the northbound lanes. The Zoning Administrator believed
this was a unique circumstance when the variance was granted and requested Council approve
the sign at 35 feet.
The Director of Community Development clarified other signs along the freeway above current
heights were grandfathered in on less restrictive sign ordinances. Only a recent sign installation
was done at the Standard Oil station on Katella Avenue.
Councilmembers concurred that there is no finding that Outback Self Storage has special
circumstances that none of the adjoining properties have.
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CITY COUNCIL MINUTES
January 26, 1999
13. PUBLIC HEARINGS (Continued)
MOTION - Alvarez
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
This project is categorically exempt from the provisions of the California Environmental Quality
Act per State CEQA Guidelines Section 15311(a).
MOTION - Alvarez
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to deny Appeal No. 447.
13.2 FAIRFIELD DEVELOPMENT L.P., A DELAWARE PARTNERSHIP
(S3500.A.8.1 )
Time set for a public hearing to consider approval of the issuance by the California Statewide
Communities Development Authority of revenue bonds in an amount not to exceed Seven
Million Nine Hundred Fifty Thousand Dollars ($7,950,000) for the purpose of assisting in the
financing of the acquisition, rehabilitation and development of a 130-unit multifamily rental
housing facility to be located at 175 North Feldner Road, Orange, (the Project). The owner of
the Project is expected to be a California limited liability company or a limited liability company
to be formed by Fairfield Development L.P., a Delaware limited partnership.
The Director of Economic Development presented the report.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9058
A Resolution of the City Council of the City of Orange approving the issuance of multifamily
housing revenue bonds by the California Statewide Communities Development Authority.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 9058 as introduced, be adopted and same was passed and approved
by the preceding vote.
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CITY COUNCIL MINUTES
January 26, 1999
13. PUBLIC HEARINGS (Continued)
13.3 AVALON COMMUNITIES, LLC (A3500.A.8.1)
Time set for a public hearing to consider approval of the issuance by the California Statewide
communities Development Authority of revenue bonds in an amount not to exceed Five Million
Six Hundred Thousand Dollars ($5,600,000) for the purpose of assisting in the financing of the
acquisition, rehabilitation and development of a 75-unit multifamily rental housing facility to be
located at 840 West Walnut Avenue, Orange, (the Project). The owners of the Project are
expected to be Avalon Communities, LLC, a California limited liability company or a legal
entity to be established thereby.
The Director of Economic Development reported this property, located at intersection of Batavia
and Walnut, has been affordable housing for the last twenty years. The covenant with the
Department of Housing and Urban Development (RUD) has expired.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9051
A Resolution of the City Council of the City of Orange approving the issuance of multifamily
housing revenue bonds by the California Statewide Communities Development Authority.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 9051 as introduced, be adopted and same was passed and approved
by the preceding vote.
14. PLANNING AND ENVIRONMENT
14.1 Status Report from Community Development Director on Culver Street Zoning
Alternatives. (ZI500.0)
Mayor Coontz said comments made at this meeting will be forwarded to the Planning
Commission for their decision with a recommendation to Council.
SPEAKING IN OPPOSITION TO DOWNZONING ON CULVER AVENUE:
Carole Walters, 534 N. Shaffer Street
Ralph Zehner, 630 E. Culver Avenue, asked that this not go back to the Planning Commission,
but to the Director of Community Development. For the next three months, he asked there be at
least two more meetings where the neighbors and community can look at it and make a decision.
Ken Brimlow, 652 E. Culver Avenue
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CITY COUNCIL MINUTES
January 26, 1999
14. PLANNING AND ENVIRONMENT (Continued)
Mike Keller, 632 E. Culver Avenue, presented letter for inclusion into the record.
Eileen Hertfelder, 720 E. Culver Avenue
Reasons: Legally rezoned in 1993; should be treated as any other R-2-6 lot in Orange; unfair
discriminatory tactics and methods.
OTHER SPEAKERS:
Anne Siebert, 340 S. Olive
Shannon Tucker, 556 E. Culver Avenue
Concerns and Comments: Special area has special needs; issue needs to be discussed by the
neighbors at length with the Director of Community Development; difficult to understand
density and what the options are; progress is being made at the meetings; would like grid of old
and current zoning for comparison.
COUNCIL COMMENTS AND DISCUSSION:
In response to Councilman Spurgeon, the Director of Community Development indicated he
doesn't know if there will ever be complete concurrence of every neighbor on the street with any
one solution. It appears in going through the process that there began to be more understanding
of the value of the overlay zone and the ability to help them resolve and establish a community
standard, and what the community standard will be.
Mayor Coontz expressed concern with the delay of the process. The goal is to simplify the
process when individuals apply.
Councilman Murphy suggested a combination of R-2-6 and R-2-8 and that there be two
additional meetings with the community to see how much more progress can be made before the
Planning Commission process begins.
Councilman Alvarez asked how long does it take to generate the footprints which show the build
out per lot, given the size of the lots? Will more conditions be put on the proposed overlays?
The Director of Community Development responded he views the added development standards
as a starting point for discussion, indicating there could be others.
Mayor Coontz explained the reason for the overlay was to clarify the application and planning
process, but also to recognize the fact that there is no other block like this in the City of Orange.
The uniqueness of the block has to be stressed. The issue has to be confined to this one block.
That is what the direction has to be.
PAGE 31
CITY COUNCIL MINUTES
January 26, 1999
14. PLANNING AND ENVIRONMENT (Continued)
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to send this report, along with the additions suggested and a better visual for the R-2-8,
R-2-6, etc. to the Planning Commission. In the interim, the Director of Community
Development to talk with the Planning Commission to find out when it will be agendized, and
suggesting two public meetings that are not too far apart, because otherwise the issues are being
stretched out. Prior to the vote, Councilman Slater clarified from Mayor Coontz that the
Planning Commission is being directed to consider studying R-2-6 and R-2-8 with an overlay.
15. ADJOURNMENT
MOTION- Mayor Coontz
SECOND- Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 10:45 p.m.
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