03-10-1998 Council MinutesApPROVED BY THE CITY COUNCIL ON APRIL 14, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 10, 1998
The City Council of the City of Orange, California convened on March 10, 1998 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 PLEDGE OF ALLEGIANCE TO THE FLAG
Colors presented by Girl Scout Troop, Service Unit 2 from the Orange Community.
Led by Mayor pro tern Slater
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS A Certificate
of Recognition honoring Frank Parsons and extending sympathy was presented to
his wife, Carla and family. Frank Parsons was an active community leader,contributing time
to Hope School for homeless children and to Pitcher Park.Certificates were
presented to Girl Scouts, Service Unit 2, Norma Hockensmith, Orange Community Relations
Chairman. (C2500.D)The City
Manager recognized Bob Gustafson on his recent promotion to Police Captain and Mike
Corbett on his recent promotion to Police Sergeant.Irwin Bornstein,
on behalf of Government Finance Officers Association, presented the Distinguished Budget
Presentation Award to the City. (C2500J.l)1.4
PROCLAMATIONS Mayor Coontz
presented a proclamation to Peggy Lawson, Eastern Star Scepter Chapter 163 for
their 100th Anniversary event. (P2000.0)2.CONSENT
CALENDAR Tape 655 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda ofa
regular meeting of March 10,1998 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 being in the City
of Orange and freely accessible to members of the public at least 72 hours before commencement
of said regular meeting.PAGE 1
I' n
I
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
2. CONSENT CALENDAR (Continued)
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
2.2 Request Council confirmation of warrant registers dated February 19 and 26, 1998.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, February 24, 1998.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
2.5 License Entry Agreement and Coordination Agreement with U. C. Regents (U.C.I.
Medical Center). (A2100.0 AGR-
2995)SUMMARY: The License Entry Agreement is required to allow construction of
City Drive widening prior to obtaining right-of-way. The
Coordination Agreement establishes an understanding with the U. C. Regents concerning a settlement
agreement for the purchase of right-of-way
needed for City Drive widening.FISCAL IMP ACT: Funds are
available in the following accounts:262-5011-483300-
3235 (City Drive Widening) - $17,127.00 284-
5011-483300-3235 (City Drive Widening) - $494,073.00 Funding has also been awarded for this
project by OCTA in the amount of $896,800.Additional funding of $3,000,000 is
available as part of the Theo Lacy Settlement. Both of
these sources will be available on a reimbursement basis.ACTION: Approved the
License Entry Agreement with U. C. Regents and authorized the City Manager and City Clerk to execute
it on behalf of the City of Orange; approved the Coordination Agreement with
D.C. Regents and authorized the City Manager and City Clerk to
execute it on behalf of the City of Orange.2.6 Agreement for construction
support services -
County of
Orange. (
A2100.
0 AGR-
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
2. CONSENT CALENDAR (Continued)
SUMMARY: Agreement has been negotiated with the County to provide construction
support services to the City of Orange on an as-needed basis. The City would
request services including inspection, materials testing and construction administration.
The County will provide services as requested by the City and be fully reimbursed on
an actual cost
basis.FISCAL IMPACT: No immediate impact. Costs will be reimbursed from the
specific budgeted construction project for which services are
requested.ACTION: Approved Agreement, County No. D98-016 and authorized Mayor
and City Clerk to execute on behalf
ofthe
City.BIDS 2.7 Bid No. 978-27, Water Well No. 25 (1130 E. Almond Avenue) -
Award of Construction Contract. (A2100.
0 AGR-2998)SUMMARY: Well No. 25 will increase the City's source
of groundwater while providing redundancy water in lieu of imported MWD supplies.
The project involves drilling the well and placement
of underground pipes.FISCAL IMP ACT: Funds are budgeted and available in the
following account: 601-8011-484101-8117 - $226,331.00 -
Well No. 25.ACTION: Awarded a contract in the amount of $226,331.00
to Bakersfield Well &Pump Company, 7212 Fruitvale Avenue, Bakersfield, CA 93308
and authorized the Mayor and City Clerk to execute the contract on
behalf ofthe City.2.8 Award of Bid No. 978-16 to Southland Construction
Company. (
A2100.0 AGR-2997)SUMMARY: Award Bid No. 978-16 and approve a contract in
the amount of $48,900 for renovation/
plastering of Hart Park Pool.FISCAL IMPACT: Funds are budgeted and
available in Account No. 500-7021-481200-
0027 (Hart Park Renovation) - $48,900.ACTION: Authorized the Mayor and City Clerk to
execute on behalf of the City.2.9 Bid No. 978-23, SP 3208, Award of
Contract for Bus Stop Improvements for Canal
Street at
Heim Avenue. (
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
2. CONSENT CALENDAR (Continued)
SUMMARY: This project will implement City Council direction to re-establish
this location as a bus stop. The work is necessary to bring the bus stop location
into conformance with the Americans with Disabilities Act (ADA) requirements. The
City Council previously approved advertisement on January 13,
1998.FISCAL IMP ACT: Funds are budgeted and are available in the following
accounts:550-5032-483399-1332 - $20,000.00 (Orange
County Transportation
Authority-ADA Bus Retrofit)272-5032-483399-1332 - $
40,000.00 (Bus Stop-ADA-Gas Tax)ACTION: Awarded a contract in the amount of $40,
080. 10 to E. A. Mendoza Inc., 130 South Chaparral Court, Suite
205, Anaheim Hills, California 92808 and authorized the Mayor and City
Clerk to execute on behalfof the City.2.10 La Veta Avenue/Main Street
Critical Intersection Widening - Approval of plans and specifications andadvertising for
bids (SP 3218). (S4000.S.3.7)SUMMARY: Plans and specifications have been
completed for the widening of the La Veta/Main Street Critical Intersection and the project
is ready to be advertised for bids.
The estimated construction cost is $690,000.FISCAL IMPACT: Funds are
currently budgeted in the Reimbursable Capital
Project Fund (550) and are
as follows:550-5011-483300-3227 - $353,850.00 An additional appropriation is being requested
in the TSIP Area A
Fund (280) as follows:280-5011-483300-3227 - $336,150.
00 ACTION: Approved plans and specifications and authorized advertising bids for
MainlLa Veta Ave. Critical Intersection Improvements; appropriated $336,150.00 from Fund 280 (TSIP
Area A - La VetalMain) and transferred
to Account No. 280-5011-483300-
3227 (La VetalMain
Critical Intersection Improvement).
2.11 CLAIMS
FOR DAMAGES FROM:a. Lale Broadaway b. Pauline Miller c. Omeda Richards
ACTION: Denied
claims for
damages and
referred
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
2. CONSENT CALENDAR (Continued)
CONTRACTS
2.12 SP-3193, Tustin Street Pavement Rehabilitation - approval of Contract change
Order No. 2 and supplemental appropriation. (R.J. Noble Co. BID-
978-03)A2100.
0 AGR-2872)SUMMARY: Contract Change Order No.2 authorizes payment
to cover remaining project costs for additional quantities and extra work.
The supplemental appropriation funds a portion of the extra work and reimbursement to the County
of Orange for
construction support services.FISCAL IMPACT: Funds are available in
the following accounts:262-5011-483399-4024 - $4,325.
00 (Federal ShareGrant Funds)271-5011-483300-
4024 - $26,416.00 (Special Gas Tax)
272-5011-483300-4024 - $22,761.00 (Gas Tax)
Additional appropriation of $46,000 to Account No. 262-5011-483300-4024.ACTION:
1) Approved Contract Change Order No.2 to the Tustin Street Pavement Rehabilitation
Contract in an amount not to exceed $86,000.00; 2) appropriated 32,500.00
from Unallocated Reserves in Fund 262 and transfer to Account No. 262-
5011-483300-4024 for Construction Change Order #2; and 3) appropriated $13,
500.00 from Unallocated Reserves in
Fund
262 and transfer to Account
No. 262-5011-483300-4024 for the construction inspection services.RESOLUTIONS 2.13 RESOLUTION NO.
8889 A Resolution of the City Council of the City of Orange expressing
appreciation to Ashok Basargekar of the Public Works
Department and
commending him for more than
twenty years of loyal and dedicated service. (C2500.M)ACTION: Approved.2.14
RESOLUTION NO. 8890 A Resolution ofthe City Council of the City of Orange
expressing appreciation
to Detective
James
R.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
2.15 RESOLUTION NO. 8891
A Resolution of the City Council of the City of Orange authorizing the temporary closure
of Collins Avenue between Main Street and Batavia Street for a special event on Sunday,
April 26, 1998. Event: Car Show. (S400.S.4)
Discussion: Barbara DeNiro, (address on file), asked why the car show is on Sunday;
how often the car show is held in this area; where will the parking be; and why is it held
in Orange per a request from an Irvine Councilmember?
Sergeant Bob Green, Orange Police Department, responded the Police Department does
not feel the event is a major concern. The street is not heavily traveled on Sunday's and
it is primarily a commercial area with ample parking.
Greg Smith, applicant, Motorsport Industries, 1139 W. Collins, said this is their 3rd
Annual Car Show. There is less traffic on Sunday's and businesses are closed. There is
ample parking in the lots behind the commercial buildings that front on Collins.
MOTION -Spurgeon
SECOND -Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
2.16 RESOLUTION NO. 8892
A Resolution ofthe City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 967-34, by Baxter-Griffin Co.,
Inc. of Stanton, for traffic signal improvements. (A2100.
0 AGR-2873)Orangewood
Ave. & Eckhoff St.Orange-
Olive Rd. & Meats Ave.
Glassell St. & Riverdale Ave.
Katella Ave. & Main St.Glassell St.-
Taft Ave. & Orange-Olive
Rd.
Glassell
St. &
Walnut
Ave.
Modification
Modification Modification
Modification Modification
Modification
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
2. CONSENT CALENDAR (Continued)
TRACT MAP
2.17 Tract No. 14680 - Approval of Final Map.SUMMARY:
Beazer Homes California, Inc. requesting the City Council approve the recordation
of Tract No. 14680. The Tentative Tract Map was approved previously by Council.
All plans have been approved, fees paid and bonds posted to guarantee improvements. (
T4000.0 TRT-14680)
FISCAL IMP ACT: None.
ACTION: Approved the final map for Tract No. 14680 and authorized the recordation as
requested by Beazer Homes California, Inc.
TRANSFER OF FUNDS
2.18 Transfer of funds in the amount of $13,650 to allow the purchase of books, videos
and CDs.
SUMMARY: Friends of the Orange Public Library and patrons have donated $13,650 to
the Orange Public Library to supplement the library's budget. Funds to be transferred
from Account No. 100-293900-9986, "Patrons Donations," to Account
No. 100-2001-443101-9986, "Library Materialsfrom
Patron Donations." (C2500.
I)FISCAL
IMPACT: None.ACTION:
Approved.MOTION - Spurgeon
SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Item No. 2.15 was removed and heard separately. The remainder ofthe items on
the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR PAGE
7
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CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
3.REPORTS FROM MAYOR COONTZ Tape 838
3.1 Appointments to the Ainsworth House Ad Hoc Committee (continued from
February 24,1998). (ORI800.1.18)
Mayor Coontz reported the Ainsworth House was purchased during the period of the 1976
Nationwide Bicentennial celebration. The home had specific historic significance to the City of
Orange, having been the residence of one of the early mayors. It was the first building in Orange
to be recognized in the National Register of Historic Places.
The house and grounds are in need of extensive repair. City staff has indicated the costs would
be $90,000. There are no funds budgeted for this purpose. At least two-dozen non-
profit groups and individual business owners have approached the City to use the property, which
has limited parking, is zoned residential, and has liability problems because of the condition of
the house.In order to address the issues of liability, renovation, re-use, or disposition
of the Ainsworth House, the following individuals were recommended to form a five-
member ad hoc committee:
Roger Busch, building contractor Fred Gillett,
Old Towne Preservation Association Adrienne Gladson, President,
Orange Community Historical
Society Al Ricci, realtor Doug
Westfall, publisher and historian Al Ricci has been asked to Chair the Committee, which will
include City Manager appointed representatives from the Community Services and Building Departments.
The group will make recommendations to the City Council as to what
actions should be
taken.MOTION-
Mayor Coontz SECOND- Slater AYES -Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to approve
the appointments as recommended.4.REPORTS
FROM COUNCILMEMBERS Tape 1080 4.1 Request from Councilman Alvarez to direct staff to research
the possibility of having the closed sessions produce a written record of what transpired in
each session. (C2500.D)The City Attorney indicated keeping a written record of issues on a
case-by-case basis could be done if a Councilmember or
Council desires, to refer back to.In response to Mayor Coontz, the City Attorney indicated a
more formal record and reference file would be kept. Councilmembers were assured
the file would be kept safe.Carole Walters, (address on file), spoke in support
of keeping
minutes
of
closed
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
It was clarified to Ms. Walters only internal written notes would be kept by the City Attorney of
issues discussed in closed session.
4.2 Report from Mayor pro tem Slater regarding a request for support of AD 1427 relating
to impounding of shopping carts.
Mayor pro tern Slater reported Assemblyman Curt Pringle has sponsored legislation that has
passed the Assembly on a 72-1 vote that would do the following: the shopping cart owner
would be notified within 24 hours following the impound. The City or County would release the
cart without a charge if the cart is reclaimed within 3 business days after the notice. The bill is
now at the Senate Local Government Committee. The League of California Cities has asked cities
to send letters of support to their State senators (Senator John Lewis) and the Senate
Local Government Committee. The Community Services Department will be providing an update
on what the City is doing with regard to shopping cart
retrieval.Mayor Coontz expressed concern that the City's current ordinance does not fit with the
new proposal. The California Grocer's Association and the California Retailer's Association
support this bill. These organizations have fought programs the City has promoted for many years.
It was suggested the City research the new legislation
further.The City Attorney explained the legislation would add removing shopping carts from
private property without notice and require the City to provide notice after the cart is removed. If
the cart if reclaimed within the 3 day period, City costs could not be charged. Currently, the
City cannot immediately abate shopping carts on private property without posting a notice on the
cart.The new law would not eliminate the City's ability to charge a
fine.Mayor Coontz indicated the legislation needs to be tracked. The City Manager assured
the Council that the legislation will be followed and changes brought to their attention
immediately.
MOTION
SECOND
AYES Slater
Alvarez Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
send a letter in support of AB 1427 to Senator John Lewis and the Senate Local Government Committee
and the legislation be monitored for changes.5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1417 5.1
Recommendation of Fred Smoller to the Human Relations Commission, County of Orange. (ORI800.
0.3.9)Mayor Coontz
announced the eleven-member Human Relations Commission was established to foster
mutual respect and understanding among all County residents, and to promote measures to PAGE
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CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
eliminate prejudice, intolerance and discrimination. Fred Smoller, Associate Professor at
Chapman University, has requested to be a nominee to the Commission.
MOTION- Mayor Coontz
SECOND- Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to recommend that Fred Smoller be appointed to the Human Relations Commission,League
of California Cities, Orange County Division.6.
REPORTS FROM CITY MANAGER Tape 1449 6.
1 Update on status of Police Chief and Department operations.The
City Manager indicated he did not have a report at this time.Carole
Walters, (address on file), expressed concern over the behavior and intimidation caused by
some police officers; indicating she expressed her concerns to a Councilmember and a judge;added
that the Acting Police Chief supports Sergeant Pore; and asked if she needs to get a restraining
order?The
City Manager asked that he be informed of these issues in advance so he can address them.6.
2 Presentation of the Second Quarter 1997-98 Budget Report for the period July 1, 1997
through December 31,1997. (C2500.E.4)
SUMMARY: This 2nd Quarter Report informs the City Council of departmental performance for
the quarter, progress towards the achievement of departmental goals, completion of major capital
improvement projects, and summarizes the results of the City's financial operations.
FISCAL IMPACT: The recommended budget adjustment is $1,016,000. There is an adequate
unreserved fund balance in the General Fund to provide for the recommended budgeted
adjustments.
The City Manager reported on department accomplishments.
Community & Library Services - Library Books ($300,000)City
Attorney - Contract Legal Services ($150,000)Public Works -
Street Light and Signal Replacement due to knockdowns ($40,000)City Clerk's
Office - Postage Machine and Meter ($38,000)City Clerk's Office -
Codifying and Reformatting Municipal Code Book ($16,000)Fire - EOC Radio Storage ($17,
000)Library Project Seed Money ($500,000)
PAGE 10 l'.-
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
6. REPORTS FORM CITY MANAGER (Continued)
Mayor Coontz requested an update report on the library renovation project that provides a better
understanding ofthe bid process, projected costs vs. real costs.
The City Manager responded a report would be brought to Council at the March 24, 1998
meeting. He indicated he is not comfortable at this time targeting additional monies towards the
Library Sinking Fund (new library).
Councilman Spurgeon requested the City Manager provide an explanation and breakdown of
how the City allocates 172 funds (Public Safety Statewide Tax Funds) between the Police and
Fire Departments.
MOTION- Mayor Coontz
SECOND- Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to: 1) receive and file the Second Quarter 1997-98 Budget Report; 2) approve a
1,061.000 budget adjustment from unappropriated General Fund reserves to be allocated into
the specific accounts shown on Page 4 and 5 of the staff report; and 3) request the City ManageraddresstheinterestsandconcernsoftheCouncilwithareporttofollow.
7. ADMINISTRATIVE REPORTS Tape 1965
7.1 Appeal by Gary Meserve of City Traffic Commission's decision (continued from
February 24,1998). (S4000.S.3.1.2)
SUMMARY: At its regular meeting of December 10, 1997, the City Traffic Commission denied
a request for the implementation of a ''NEIGHBORHOOD PARKING PERMIT PROGRAM" on both sides
of Cambridge St. between Chapman Ave. and Almond Ave. The applicant has appealed this
decision to the City Council based on lack of notification.
NOTE: Mayor pro tern Slater indicated he has a property interest on the block and left the dais.
The Director of Public Works reported the Traffic Commission denied the application because
the permit parking program would not make more parking available to the residents on the street.
Gary Meserve, 153 S. Cambridge, appellant, addressed the parking problem on the 100 block of
S. Cambridge. P J Mead's is used as a meeting place; cars are left overnight; they no longer have
a parking lot; and 75% ofthe people that live on the block want permit parking. Most parkingticketswritteninthelastfiveorsixyearshavebeenonthe100blockofS. Cambridge. Also,
Mr. Meserve indicated he has called in numerous times for bike lane violations. The children
that use the bike lanes go to many schools in the area.
Richard Carlson, 159 S. Cambridge Street, commented Sergeant Bob Green said service calls in
this area are one ofthe highest in the City. Mr. Carlson indicated he had sold his house and it
was in escrow. However, escrow was cancelled by those who were going to purchase his
In
PAGE 11
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
7. ADMINISTRATIVE REPORTS (Continued)
property based on the parking problems. Since P J Mead's has lost the parking lot, the street
parking is worse.
Carole Walters, (address on file), commented the parking problem is bad. Cars are parked in the
bike trail. Concern was expressed for the safety of school children.
Geolind Altendorf, 144 S. Cambridge, commented on the parking problem, adding it is
dangerous to pull out of her driveway.
Sergeant Bob Green, Orange Police Department, reported on surveys done of parking
problems/violations for the 100 block ofS. Cambridge. The Police Department's concerns with
the implementation of a permit parking program are: 1) the confusion a "permit parking sign"
would cause with the current street sweeping signs in the area, the bike lane which is enforced on
school days from 7:30 a.m. to 9:00 a.m. and 2:30 p.m. to 4:30 p.m., and the sections with red
painted curbs with "no parking at any time" signs; 2) increased calls for services; and 3)
enforcement problems.
Mayor Coontz asked if it is standard to put a bike lane on a well-traveled street? What is
the status of Mr. Mead's additional
parking?Sgt. Green responded South Cambridge was posted for a bike lane because of
Cambridge Elementary School. P J Mead's has lost the parking
lot.In response to Councilman Alvarez, the Director of Public Works responded the possibility
of green curbs has not been reviewed by the Traffic Commission. Time limit parking does not
meet the needs of the residents any better than the existing condition
does.In response to Mayor Coontz, the Director of Public Works said the street sweeping
occurs before 7 a.m., prior to any school activity. The City Manager indicated the hours have
changed.Councilman Alvarez suggested a green curb would limit parking in the area. Concern
was expressed that Mr. Mead does not show up at the meetings concerning this
issue.The City Manager indicated the City did not require Mr. Mead to acquire additional
parking.Mr. Mead did it on his own. Therefore, the City does not have any remedy except to
encourage him to pursue additional parking for his
business.MOTION- Mayor
Coontz SECOND-
Alvarez AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSENT- Slater
PAGE 12
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CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Moved to deny the appeal by Mr. Meserve of the City Traffic Commission's decision to not
implement a Neighborhood Parking Permit Program. The issues of traffic and parking
improvements to return to the Traffic Commission for their consideration to include changes to
the bicycle lanes and consideration of a 20 minute parking limit. A request be made to Mr. Mead
to again seek additional parking.
7.2 First Amendment to Memorandum of Understanding, dated AprilS, 1991 with the
County of Orange relating to the extension of Metropolitan Drive. (A2100.0 AGR-1669.
1)Tape
3164 SUMMARY: This amendment to the MOU provides the City more flexibility in meeting
some of the criteria outlined in the MOU. This amendment will also provide for County dedication
of a 10 ft. wide strip, south of Justice Center Way, for widening of The City
Drive.Councilman Spurgeon requested confirmation from the City Attorney on his participation in
this issue. The City Attorney responded there was no legal requirement that Councilman
Spurgeon should recuse himself from this
decision.The Assistant City Attorney gave highlights to the amendment to the Memorandum
of Understanding (MOD) and the history of the previous
MOD.Mayor Coontz commented as the City of Orange entered into the original agreement, and
with Supervisor Bill Steiner's assistance, who was a pleasure to work with, the basic agreement
ended a long and costly litigation process. The key features were as follows: 1) avoided the worst
case scenario of4,480 prisoners. The settlement brought the total number of prisoners down to 2,
986;2) received significant support for Economic Development which is now the Mills Project due
to the allocation of$3 million for improvement of the traffic circulation system; 3) $1 million
in park development funds and Housing Development funds for housing seniors and low
income individuals; 4) relocation of the animal shelter which the City now does not have to pursue,
and at the time was costing $6,000,000; 5) right-of-way - Metropolitan Drive;
6) experienced 250,000 in moneys to the city by avoiding jail booking fees for approximately 2 )Iz
years; 7)Safety assurances to the citizens of Orange which included Sheriffs patrol of
parking structures,maximum security prisoners housed in the most secure buildings at Theo Lacy, and
release of maximum security prisoners at the Central jail and not in this area; 8) no off-
street booking of inmates at Theo Lacy; and 9) adequate parking which also helps
the Mills
project.MOTION-
Murphy SECOND- Slater AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
PAGE
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from the Finance Director and Director of Economic Development concerning
approving the refunding of the 1989 Certificates of Participation for the Police
Headquarters Facility. (C2500.J.1.0.2)
The Finance Director presented the report.
RESOLUTION NO. 8893
A Resolution of the City Council of the City of Orange approving the preparation and sale of not
to exceed $13,500,000 principal amount of Certificates of Participation and approving certain
documents and authorizing certain actions in connection therewith.
MOTION- Spurgeon
SECOND- Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Resolution No. 8893, as introduced, be adopted and same was passed and adopted by the
preceding vote.7.
4 Business Establishment Alcohol Management and Education Program. (A2500.0 Alcoholic
Beverages, Education) Tape 3851 SUMMARY:
Report from the Community Development Director, Economic Development Director
and Police Chief regarding adoption of an urgency Ordinance and Resolution requiring a
Business Establishment Alcohol Management and Education Program.The
Director of Community Development reported the Ordinance primarily covers bars, taverns,and
similar types of facilities. The Ordinance requires employee training and facility management
limits.The
Director of Economic Development explained the Ordinance provides new businesses later hours
and citizens needed security and safeguards. Comments and concerns of new and existing businesses
affected by the new program have been incorporated into the Ordinance.Councilman
Spurgeon asked if this would be a similar type principle as that of the food handler type
of school for restaurants that was instituted in the 1980's? The Director of Economic Development
responded there may be new legislation on the State level that requires all businesses
to do what the City will require in this Ordinance.Councilman
Murphy asked if there is a grandfathering period for existing businesses? The Director
of Economic Development responded existing businesses will have two years to initiate a
training program and management plan to be approved by the Police Department.PAGE
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CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz asked about the reputation of the group that would certify the training program
and how long is has been in existence?
Bruce
Ram, consultant, 3123 Locust, responded the Coordinating Council provides the training program
which is recognized by Alcoholic Beverage Control (ABC).Marina
Zamarron, 1040 W. Santa Ana Blvd., representing a non-profit organization working to
reduce and prevent alcohol-related problems in Orange County, spoke in support ofthe
program.It was suggested the test be administered every two
years.ORDINANCE NO.
4-98 An urgency measure of the City Council of the City of Orange amendingSection 17.30.
030 and enactingChapter 5.49 of the Orange Municipal Code regarding the requirement for
a Business Establishment Alcohol Management and Education Program and training
for business establishments primarily devoted to serving alcoholic beverages for consumption by
guests on the premises. This urgency Ordinance shall take effect immediately in order to
preserve and protect the public peace, health
and safety.
MOTION- Murphy SECOND-
Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved that reading in full was waived on Urgency Ordinance No. 4-98 and same was
passed and adopted by the
preceding vote.
MOTION- Murphy SECOND-
Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved that Urgency Ordinance No. 4-98 was read by title only and same was
passed and adopted by the
preceding vote.RESOLUTION
NO. 8878 A Resolution of the City Council of the City of Orange adopting criteria governing the
content of a Business Establishment Alcohol Management and Education Program under and
pursuant toChapter 5.49 of the Orange
Municipal Code.
MOTION- Murphy SECOND-
Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez PAGE
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Moved that Resolution No. 8878, as introduced, be adopted and same was adopted by the
preceding vote.
8.LEGAL AFFAIRS Tape 4354
8.1 ORDINANCE NO. 1-98 (SECOND
READING)An Ordinance ofthe City Council of the City of Orange repealing Chapter 5.56 of the
Orange Municipal Code and adding a new Chapter 5.56 to the Orange Municipal Code pertaining
to massage establishments. (A2500.0 Massage
Therapy)The City Attorney requested a continuance to further address massage therapist training and
for the County Health Department to
review.MOTION-
Murphy SECOND- Mayor
Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to April 14, 1998 by the preceding vote.
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS
Dana Bosch, 1598 N. Morningside, thanked Council for their decision on John Robertson,
indicating she not does believe the decision was made based on the ORRS investigation.
Mara Brandman, 7319 Equitation Way, thanked City Police and Fire Department employees who
provided assistance at a recent incident at Katella and Tustin; commented on the advertisement in
the newspaper by COPA; and thanked the City Clerk for her assistance.
Carole Walters, (address on file), commented she has received calls supporting John Robertson.
A fund will be set up for him. Concern was expressed for the way Captain Lou Walsh treated
her when she attempted to assist Richard Carlson.
Mayor Coontz directed the City Manager to address the issue.
Barbara DeNiro, (address on file), thanked Jack McGee for his response on the Walmart issue
and Phil Pierce for his response on her tree letter. There is a vision problem in the parkway at
the northeast corner of Almond and Olive. There was no parking in the Lemon Street parking lot
on Monday due to a movie being made. Where can she find an accounting of the movie money?
There was not a parking problem on S. Cambridge before P J Mead's business. The signal at
Cambridge and Chapman provides safe crossing for students.
Adele Graves, (address on file), asked what is happening to the City?
PAGE 16
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CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
11. RECESS
The City Council recessed at 12:00 a.m. after the conclusion of the 7:00 p.m. Session to a Closed
Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham: Employee Organization: Police Association,
Police Management, Orange City Firefighters, Fire Management
b. 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
12.1 INVOCATION
Reverend Father Wilcox, Church of St. Mary Magdalene
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Colors presented by Orange High School Marine Corps Junior R.O.T.C.
Led by Mayor pro tern Slater
12.3 ANNOUNCEMENTS - None 12.
4 INTRODUCTIONS - None 12.5
PROCLAMATIONS A proclamation
was presented to Mary McAnena celebrating her 95th year as an advocate for the homeless.12.
6
PRESENTATIONS - None 13.PUBLIC HEARINGS
Tape 5416 13.1 GENERAL
PLAN AMENDMENT No. 2-97, CONDITIONAL USE PERMIT 2191-97, TENTATIVE
TRACT MAP 15546, HEARTHSTONE DEVELOPMENT CORPORATION:Time
set
for public hearing on petition by Hearthstone Development Corporation, owner Southern California
Edison, and continued from the City Council meeting of February 10,1998, to
consider General Plan Amendment 2-97 to redesignate approximately 0.86 acre of property
from Open Space (OS) to Low Density Residential (LDR) and approximately 0.5 acre from
LDR to OS; Conditional Use Permit 2191-97 to approve a Planned Unit Development of 46
PAGE 17
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CITY COUNCIL MINUTES
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March 10, 1998
13. PUBLIC HEARINGS (Continued)
units on 7.797 acres of property; and Tentative Tract Map 15546 to create 46 parcels and 3
lettered lots on 11.57 acres of property, located south of Taft Avenue, between the Newport
Freeway and Morningside Street. NOTE: Negative Declaration 1535-97 has been prepared
to evaluate the environmental impacts ofthis project. (C2300.E
AMD-2-97)The Director of Community Development reported the revised
project incorporates changes based upon comments made at the February 10, 1998 public hearing. The plan
includes 70 foot wide lots similar to the 80 foot wide lots adjacent to the homes on
Morningside Drive. The homes have been split between one and two story. There is an increase in
the number oflots along the Newport Freeway to achieve the reduction of the number of
units along Morningside.There is currently a 10 foot drainage easement on the existing
Morningside parcels. The applicant proposes to include a parallel ten foot wide drainage easement
to more effectively address drainage concerns. The proposal is a 46 unit planned
unit development on approximately 8 acres of the parcel with a density of 5.7 dwelling units per
acre. It includes private streets and a private open space area. The General Plan Amendment
allows for relocation of a planned proposed recreational trail. There is no zone change; the property will
remain R -1-8. The Director of Public Works reported Conditions No. 25 and 26 were
added to the conditions of approval relative to the drainage easement and the point of connection
of
the storm drain.Mayor Coontz commented the Director of Community Development responded in
writing to the 100 written questions submitted by Mr. Alex Ciavola, who was provided
with a copy.Bob Mickelson, P. O. Box 932, Orange, on behalf of the applicant, commented
based upon a recent concern addressed by residents of Mornings ide, it was indicated that one
lot could be dropped, which would leave 12 - 80 foot lots on the rear yard of the lots which would back
up to 12 - 80 foot lots on Morningside, with 20 and 25 foot rear yard
setbacks.Jan Mickelson, P. O. Box 932, Orange, read into the record a letter in support ofthe
project submitted by Bruce W. Winsborough. (Letter on file in the City Clerk's
office.)Joe Foust, Austin-Foust & Associates, explained 46 units can generate 400 to 450
additional trips per day, or an approximate 2 to 3% increase in traffic. Taft Avenue currently carries
10,000 vehicles a day, and has remained at that volume for over twenty years. The capacity
of Taft Avenue is 20,000 to 24,000 vehicles a day, and currently operates at less than
50% below capacity. In response to Councilman Alvarez, Mr. Faust explained it is better from
a safety perspective for the new proposed street to be a properly staggered off-
set t-intersection (3-way),
rather than a 4-way intersection..Mr. Mickelson responded to Council'
s questions and concerns as follows:There would now be 45 units. The lots currently on Morningside
would not coincide with the new development corner to comer due to the off-sets. However,
the dimensions in the rear lot
line would
be
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
Addressing the northern property line and its proximity to the Edison towers: the electro magnetic
field (EMF) has not been measured. Court cases have determined it cannot be proven to
be a health hazard. They are relying on Edison and the Public Utilities Commission to let them
know what the setback is from the power lines.The
grade differential between the homes on Momingside and those lots which back them would not
be greater than a 1/2 - 1 foot difference. It was explained why the original 90 lots by the freeway were
reduced to 68.David Smith, 1891
S. Coast Highway, Laguna Beach, architect for the project, explained it is sometimes desirable to
have off-set lines considering the back yard as a unit where most major activity occurs.
MAYOR COONTZ
OPENED THE PUBLIC HEARING.SPEAKING IN
OPPOSITION TO A "HIGH-DENSITY" PLANNED UNIT DEVELOPMENT PUD):
Jennifer
Atkins, 1752 N. Morningside James &
Betty Roberts, 1752 N. Morningside Pat
McCrory, 2415 E. Taft Alex
Ciavola, 2440 E. Hillside Joe
Davis, 1659 N. Morningside Vincent
Razzano, 1763 N. Warbler PI.Samuel
Mitchell, 1769 N. Morningside Chuck
Frey, 2309 E. Lakeside Concerns
expressed were: traffic study on Taft; t-intersections; high density does not conform
with PUD definition; two-story units - should be all single-story units; lots should line up
with adjacent properties; change of trail to go under freeway; setback from Edison and
radiation problems not answered; downgrades surrounding neighborhoods; good project in the
wrong place; parking, grading, public health, safety, and welfare issues, congestion, lot size, kids,
noise,impact of freeway on and offramps at Meats Avenue; impact of traffic due to future
acquisition of homes along Sacramento with an off-ramp on Meats Avenue; schools have
not been adequately addressed; solar panels; private streets and
loud parties.Arturo Nuutinen, Attorney for Bowie, Arneson, Wiles & Giannone, law
firm representing OUSD, 4920 Campus Drive, Newport Beach, requested on behalf of the Board of the
OUSD: 1)continue the hearing for 30 days so meetings can occur with a resolution prior to taking
action at the continued date; 2) ifthe project is approved tonight, allow for negotiations
to continue without a limitations period, which would otherwise hang over the participants by
foregoing the filing of a Notice of Determination which if otherwise filed would shorten the period for
a legal challenge against the project on environmental grounds for 30 days. Although the
City Attorney believes that CEQA requires the filing ofa Notice of Determination, the effect of not
filing the
PAGE
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
Notice of Determination would not have any prejudicial or punitive affect to the City or
applicant, it would extend the period for challenging the City's approval of the Hearthstone
Project 180 days; or 3) if the City approves the project as requested by applicant and files a
Notice of Determination, then if continued negotiations are to be constructive without need of
litigation, the City and School District would have to agree to a Tolling Agreement in order to
remove the effect of a limitations period which might otherwise compel the district to bring a
legal challenge against the City in order for the City to take the School Districts' concerns
serious. It was requested to either continue the matter of the approval of this project for 30 days
or if that is not favored, request the City not file a Notice of Determination so that positive
dialogue and negotiations can take place without the possibility of litigation. If the previous two
recommendations are not acceptable, request the City consider approving a Tolling Agreement to
allow discussion among the City, School District and Applicant to occur without threat of
litigation.
Councilman Murphy asked Mr. Nuutinen who authorizes him to make these requests? Mr.
Nuutinen indicated the School Board authorized him to request the 30 day continuance through a
formal action.
Mayor Coontz indicated there was a letter by the OUSD Board, and they have not taken action
on the plan. They are having meetings with builders and the Cities of Anaheim, Garden Grove,
Orange, and Santa Ana, but nothing has come to a conclusion at this point. The Mayor
understood this issue will be on the agenda for the OUSD before everyone has met and come to a
cooperative understanding.
The Assistant City Attorney explained regarding the request for continuance, it was indicated the
City needs the developer to be in agreement with that. It was also indicated to the School
District's attorneys that the City has a mandatory duty to file the Notice of Determination after an
action is taken this evening. The developer would also have to concur or ask for the Tolling
agreement. The City is following State law.
SPEAKING IN FAVOR:
David Smith, 1891 S. Coast Highway, Laguna Beach, Architect for the project
Mike Tidus, 4 Park Plaza, 16th Floor, Irvine, representing the applicant, indicated they have
discussed OUSD's issues of concern which include the adequacy ofthe school facilities and the
EMF.
Mayor Coontz noted OUSD operates under the Brown Act (Sunshine Law), as does the City,
which means all decisions except for personnel and legal issues are made in public.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
PAGE 20
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CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
REBUTTAL:
Bob Mickelson, indicated the developer would be willing to eliminate one lot along the freeway
and the space distributed among the other lots. Referring to the plan, he explained how the lots
could almost be matched up with the existing Morningside lots. Provisions can be placed in the
CC&R's to prohibit solar panels on the roofs of the units. The project is consistent with the
General Plan and the R-I-8 zoning. Landscaping will be done at the Edison
easement. There will be another storm drain easement. Drainage issues have been taken care of and
repairs will be made to grading
concerns raised.The Director of Public Works explained it is a safer design to have off-
set t-intersections, rather than a four-way intersection involving minor streets, as long as
the off-sets are a reasonable distance apart. A distance of 100 ft. would be the minimum;
200-300 ft. would be better. The day the traffic count was performed by
Austin Faust & Associates represents the average traffic volume on Taft Avenue. The freeway widening project
that is expected to be under construction by December, 1998 only includes a wider bridge than currently
exists and will be built over the next 3 12 to 4 years. The addition of ramps to create
an interchange is under study and requires State funding, which could
happen around the year 2010 or beyond.Councilman Alvarez asked if the City would be
held harmless relative to the Electro Magnetic Field and the proximity of the project to the
Edison towers? The City Attorney responded he could never say that the City would not get sued. The City
would prevail in such a case. A recent San Diego court case looked at the issue, reviewed
all the scientific evidence to date as whether the (EMF) had any health detrimental
affects and concluded the scientific evidence to
date did not show that it did.Councilman Alvarez expressed concern with the width
of the two main streets. He suggested eliminating two more lots would accomplish widening
the streets and the lots. Mr. Mickelson responded the streets do meet the City's
standards for the planned development. Parking is proposed for one side of the street only. The sidewalk
in the entire development will be adjacent to the curb, so that the 4-5 foot parkway that
would normally be between the curb and the sidewalk would be added to the front yard of the
home. Each home will have a two-car garage
and a minimum 18 foot apron to the sidewalk.David Smith explained the narrower streets
decrease the speed of cars. The parkway, street trees,and the sidewalk behind the
parkway are essential to residential design. There is adequate parking in the area. It was strongly recommended that
the street not be widened. A floor to area ratio (FAR) was used to determine how big the lots are vs.
how big the house on the lot will be.The floor size for the project averages well below A
to 04-5. An 8,000 square foot lot would have
a much greater physical impact on the neighbors along Morningside.Councilman Murphy expressed concern
that lining the lots up on Morningside caused a smaller lot on the Newport Freeway side, indicating
he would like to have the lots line up on Morningside and still have the same lots
on the
freeway
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
said he would be willing to remove two lots along the freeway to achieve the 80 foot widths,
which would leave 43 remaining lots.
Mayor Coontz emphasized the importance of the review of the CC&R's in the decision making
process. The CC&R's and a final map will be brought back to Council for review.
COUNCIL COMMENTS:
Mayor pro tern Slater commented he supports the project ifthe applicant is willing to eliminate
two lots along the freeway, one lot along Morningside, line up most of the lots along
Morningside, mix in single story, and include in the CC&R's a provision to prohibit solar panels.
He feels the project will ultimately benefit the area and does not deteriorate anyone's property
value. He is pleased with the aesthetic improvements along Taft Avenue. The widening of the
streets could make the project less attractive and desirable.
Councilman Alvarez commented he cannot support the project as he would like to see wider than
50 foot lots.
Councilman Spurgeon commented the project is becoming better, perhaps not in the right
neighborhood. There is more room for compromise on some of the lots. He can not support the
project as it is now.
Mr. Mickelson requested a five minutes recess to confer with his legal counsel.
The City Council recessed at 9:33 p.m. and reconvened at 9:40 p.m. to make the following
motions after hearing Mr. Mickelson's proposal (conditions outlined in Tentative Tract Map No.
15546).
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept
Negative Declaration 1535-97 finding no substantial evidence that the project will have
a significant impact on the environment or wildlife resources.MOTION - Mayor
Coontz SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve General Plan
Amendment 2-97 as outlined in Planning Commission Resolution No. PC-62-
97.PAGE 22
r U1
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Conditional Use Permit No. 2191-97 as outlined in Planning Commission Resolution No.
PC-63-97, which includes a provision in the CC&R's that prohibits solar panels
on the roofs ofthe unit, and the CC&R's (in good form detail) and final map brought back to
Council for approval.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to:Approve
Tentative Tract
Map No. 15546 as outlined in Planning Commission Resolution No.PC-64-97
including the following:Approve
41 lots versus the 46 that were proposed. The configuration remains the same.Seven
single-story units will be retained along the southeasterly boundary.
The lots on Morningside Street side (southeast boundary line) will be 80 ft. as measured at the
back property line. The corners will match up until you get to the last two lots.
The lots along the freeway will be 80 feet. Lots 39 through 46 will be a minimum of 60 ft. (one
lot dropped). Lots 27 through 33 will be a minimum of60 ft. (one lot dropped). Lots 35 through
38 will be 60 ft. (the lots were retained and encroach on to the proposed open space area).
The conditions of approval remain the same, including the two conditions that Public Works
Department had asked for.
The CC&R's & final map will come back to Council for review and approval.
13.2 APPEAL NO. 442; CONDITIONAL USE PERMIT 2195-97; RALPH
ZEHNER Tape
3320 Time set for public hearing on petition by Ralph Zehner to appeal the decision of the
Planning Commission on January 5, 1998 denying Conditional Use Permit 2195-97 which
would allow the construction of a structure in excess of 1 Yz stories in Old Towne, required
by OMC 17. 14.070(y) and Old Towne Design Standards Chapter5.B.2.b. and
Mitigated Negative Declaration 1540-97. The property is located at 630 East Culver
Avenue. NOTE: Mitigated Negative Declaration 1540-97 was prepared to evaluate the
environmental impacts of this
project. (A4000.0 APP-442)THE APPELLANT STATES THE
FOLLOWING REASONS FOR THE APPEAL:PC change of requirements once again. The project was
redesigned, meeting all State, City codes, Old Town Standards. The PC could not be more specific, so I
request that
this
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
COUNCILMAN SPURGEON STATED FOR THE RECORD: "Back in, I believe, 1993, I had to abstain
from participating at that time because I had an employment conflict of interest. I want the
record to show that it no longer exists and hasn't for a number of years. So I am free to
participate. "
The Planning Manager presented an extensive overview of the project, referring to exhibits
which depict the applicant's proposal. The proposal is to retain (in place) the existing historic
1910 principal structure; demolish the existing two-car detached garage behind it; and
construct five residential two-story units over the garage parking. The new units would be
developed as one duplex above eleven parking spaces, three of which go with the principal structure
in front,and a triplex at the rear ofthe property adjacent to and above four additional parking
spaces. An existing 12 x 48 foot shed would be reduced in size and relocated to the rear southeast
corner of the site. The existing driveway would be relocated to the west side ofthe house.
The existing drive and extra parking space that is paved in the front yard area would be removed. The
site is located on the south side of Culver Street, midway between Shaffer and Cambridge. The
lot is 66 feet wide and 301 feet deep, almost Y2 acre in size. The south side of Culver
contains unique properties in Old Towne with lots created from the subdivision of the old Richland Farm.
It was zoned single family until 1993, when the R-2 zoning was applied following
extensive review and discussion by the Planning Commission and City Council. The key issue at the
time of the rezone was acceptable density
for the area.The application is a significant precedent setting project because it is the first
project on the block since the 1993 rezone. It is the first project which proposes attached
units and maximizes the allowable density in the R-2 zone. There are other and larger properties
on the block which could pursue development in the future. It was explained that Council's
action on this item would provide direction to staff, the property owners on Culver Street,
the community at large,the Design Review Board and the Planning Commission, regarding
issues such as acceptable density, design, and construction materials. It is important to determine
whether the project is consistent with the Old Towne Design Standards which staff believes is
necessary to meet the environmental requirements of CEQA. Consistency with the design standards
is the basis for satisfying, or not, the project
design and environmental entitlements.Ralph Zehner, applicant/appellant, 630 E. Culver, thanked staff for
their assistance; explained the project's progress through the Design Review Board and
Planning Commission process; and referred to his
proposed project's design.MAYOR COONTZ
OPENED THE PUBLIC
HEARING.SPEAKING IN FAVOR:T. J.
Clark, 811 E. Chapman Darlene
Beer, 642 E. Culver Herb
Runnells, 816 E. Culver Carol
Harnack, 546
E. Culver
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
Ken Brimlow, 652 E. Culver
Eileen Hurtfelder, 720 E. Culver
Mike Keller, 632 E. Culver
Barbara DeNiro, (address on file)
Reasons for support: Meets City requirements; R-2 zoning allows 6 units on lot; these
projects do not create traffic problem; good design compatible with Old Towne design; the
design features are in proportion to each other as well as other existing structures; the project is not
too big; streetscape improvements and relocation of driveway; project well thought out; and
the tremendous amount of work done by Mr.
Zehner.SPEAKING IN
OPPOSITION:Tom Matuzak, 340 South Grand St.,
Joan Crawford, 394 S. Orange Dean
Hiser, 545 S. Grand Street Fred Gillett,
205 E. Palmyra Mary Matuzak, 340
S. Grand Patty Ricci, 618 E.
Culver Dan Phelan, 375 S. Pine
Annie Strain, 191 S. Harwood Dr.
Tom Strybel, 390 S. Pine Shannon
Tucker, 556 E. Culver Richard Cavecche, 275
N. Shaffer, Design Review Board member
Bill Hyndman, 391 S. Harwood Reasons for opposition: Concern that
the project violates Old Towne Design
Standards - the design should be complimentary to other residences on the block, specifically, infill
construction should be consistent with the following characteristics of contributing buildings on the
street:massing, scale, shape and proportions, open space rhythm and pattern, and landscape
features.bulk and mass; project's denial by Planning Commission and Design Review
Board; does not meet General Plan and Old Towne Design Standards and Mitigation Measures outlined
in the R-2 zone change of 1993; sets precedence if approved; compatibility with existing
single-family residence neighborhood; potential exposure of risk of injury by increased exposure
to fire,personal injury and crime and ensuing risk of liability that may
be brought against the City;safety of school children; increase in traffic.Ms. Tucker asked if
the design standards are being used as
a mitigation measure?In response to the concerns raised whether the Old Towne Design
Standards supersede the base zoning requirements: The Assistant City Attorney responded the design standards are
not intended to supersede the zoning requirements, but intended to be consistent
with the zoning.The Old Towne Design Standards were approved by a Resolution to
compliment the zoning.The City Attorney explained the design standards overlay the zoning and
are more subjective.PAGE 25
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
The ordinance which sets out the minimum standards is supposed to be used in congruence with
the development standards, which are more subjective and allow the Council more flexibility.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
REBUTTAL:
Ralph Zehner responded the Negative Declaration on the rezone addresses traffic. The proposal
meets all development standards and Old Towne standards and is compatible with all the other
structures in Old Towne. The project will stand on its own merit and be a positive asset to the
community.
COUNCIL COMMENTS:
Mayor Coontz asked about the build out and whether there would be a conflict with the General
Plan. The Planning Manager explained there would not be a conflict with the General Plan
density of low-medium which now applies to the area. It would allow 15 units per acre.
Within the rezone area, the maximum density allowed on the lot would be 126 units; there are
currently 25
units.The Planning Manager stressed the importance of Council's decision because compliance
with the Old Towne Design Standards has been relied upon to provide the environmental
mitigation for projects within Old Towne. He explained the base zoning establishes maximums. The
Old Towne Design Standards provide an additional layer of review that needs to be met in terms
of design and environmental consideration. It is not felt that the Old Towne Design Standards
are superseded by base
zoning.Councilman Spurgeon asked the Planning Manager for his view/opinion on the following:
1)does Mr. Zehner's project meet the Old Towne Design Standards; and 2) what would it take
to make the project, in the general concept of what is being proposed, in compliance with the
Old Towne Design
Standards?The Planning Manager responded that Planning staff agrees with the Planning Commission'
s recommendation. The Conditional Use Permit is a discretionary action. The project could
be designed according to the existing zoning without asking for additional discretionary height
and be designed as a 1 Y2 story project, with an appropriate architectural design. It would be
difficult to say what it would take for the project to be in compliance with the Old Towne
Design Standards without seeing design alternatives. The Planning Commission felt that a second
story element could be feasible; however, as designed, the project had too much bulk and mass.
The parking requirements add to the bulk and mass issue. The two key issues are: 1) is the project
in compliance with the Old Towne Design Standards; and 2) does the project comply with
the Negative Declaration proposed for this project and the three mitigation measures of the
1993 rezone Negative
Declaration?PAGE
26 Bob Bennyhoff, (address on filetur[!ed Council'" ~nnmv~l Tt urillin('TP!H'P thp {"",t"',,, t~v h"
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
Councilman Murphy asked since the unit is currently "over parked" by three spaces, if it may
benefit Mr. Zehner to have additional property space as a trade off for the parking?
Mayor Coontz asked ifthe project is brought down to 1 Y2 stories, does that reduce the number of
units? The Director of Community Development responded the amount of square footage would
be reduced significantly which could result in losing one or more units.
Mayor pro tern Slater commented he likes the project but not in Old Towne. The project does
not match the historic preservation element of the General Plan. It does not meet the Old Towne
Design Standards (quoted from Planning Commission Resolution). The project would set a
precedent that is not proper for Old Towne. The project is inappropriate and he will vote to deny
the project and support the Planning Commission and Design Review Board.
Mr. Zehner was asked ifhe wants to present a new proposal which would reduce the bulk and
mass? Mr. Zehner asked for a one month continuance which allows him time to discuss it with
his designer.
MOTION -Murphy
SECOND -Mayor Coontz
AYES -Murphy, Mayor Coontz, Spurgeon, Alvarez
NOES -Slater
Moved to continue to April 14, 1997.
13.3 ORDINANCE AMENDMENT 1-97; CITY OF ORANGE Tape
1002 Time set for public hearing to consider amending the City sign regulations, specifically
Orange Municipal Code Section17.36.060(A): "Sign Program" guidelines. The ordinance
amendment would allow sign programs for large commercial developments (of 25 acres or more) to
propose criteria that differ from limitations contained within the City sign code. A conditional use
permit would be necessary for these applications. (A2500.0
AMD-I-97)The Director of Community Development
presented the report.MAYOR COONTZ OPENED
THE PUBLIC HEARING.Barbara DeNiro, (address on file), asked how many commercial (25
acres or larger)developments are in the City that the Ordinance would apply to? It was suggested
the signs not
look like billboards.The Director of Community Development responded there are approximately
three. It is anticipated that the East Orange Irvine Company lands will have additional
developments
in the future.Bob Bennyhoff, (address on file), urged Council's approval. It will increase the City'
s tax
base.PAGE
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION- Murphy
SECOND- Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that the review of this item is exempt from requirements of the California Environmental Quality
Act, per CEQA Guidelines, Section 15311(a).MOTION-
Murphy SECOND-
Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
determine that Ordinance Amendment 1-97 furthers Goal 6.0 of the General Plan promoting
quality urban design) through an update of the sign code.MOTION-
Murphy SECOND-
Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve Ordinance Amendment 1-97 as outlined in Planning Commission Resolution No.
PC-9-
98.14. PLANNING AND ENVIRONMENT - None
15. ORAL PRESENTATIONS
Barbara DeNiro, (address on file), commented on "the right project in the wrong area" comment
didn't apply to the Hearthstone issue; the Interim Police Chief awarding promotions/demotions;
COPA's Political Action Committee ad in the newspaper; and thanked Councilmen Slater and
Alvarez for their concern for residents. (C2500.K)
NOTE: The City Council recessed to Closed Session at 12:00 a.m. and reconvened at 12:30 a.m.
16. ADJOURNMENT
MOTION- Mayor Coontz
SECOND- Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE
28 i ---
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CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 10, 1998
16. ADJOURNMENT (Continued)
The City Council adjourned at 12:30 a.m. in memory of Frank Parsons, long time member of the
community, to an Adjourned Regular Meeting, March 17, 1998 at 5:00 p.m. in the Weimer
Room regarding the 1998/99 Budget.
d4~.t..<biA~ Cd~
CASSANDRA J. HCART, CMC
CITY CLERK
PAGE 29
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