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06-09-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 23,1998 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING June 9,1998 The City Council of the City of Orange, California convened on June 9, 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 INVOCATION Helen Walker, Soroptimist 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Spurgeon 1.3 ROLL CALL PRESENT -ABSENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez None 1. 4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS Resolution No. 8931 was presented to Jere P. Murphy expressing appreciation for more than 25 years of service.Mayor Coontz announced the following events were held in the City since the last Council meeting: On June 3rd a memorial service was held for four former Cal- Trans employees whose lives were tragically taken this past December. Over 500 employees and their families attended the event.Gogh Van Orange Arts & Music Event and C.O.P.S. Expo at Mall of Orange were held on June 6th and 7th.The 70th Birthday of American Legion Post 132.The City Manager introduced the new Assistant to the City Manager, Irma Hernandez.2.PUBLIC COMMENTS Tape 302 Carole Walters, ( address on file), commented on the use of taxpayer money and the recycling bin charge on the water bill. Ms. Walters referred to an article in The Sentry newspaper, indicating she did communicate with the City Clerk throughout the recall process.PAGE 1 CITY COUNCIL MINUTES June 9, 1998 2. PUBLIC COMMENTS (Continued) Mara Brandman, 7319 Equitation Way, Orange Park Acres, thanked Hamid Bahadori, Dennis Schmitz, and David Allenbach of the Public Works Department and Sergeant Bob Green, Lieutenant Art Romo, and Captain Gustafson of the Police Department for their awareness and concern for citizen safety. They acted quickly in placing delineators along Santiago Canyon Road near the Jamestown and Windes Drive left-turn pockets. Ms.Brandman requested the DARE program be instrumented in the middle schools and asked that someone from the Police Department contact her.Adele Graves, (address on file), commented on the Orange Emblem Club event which will be held on June 13th and thanked the downtown businesses for helping the organization help others in the community.3.CONSENT CALENDAR Tape 570 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of June 9, 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, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.3.2 Request Council Confirmation of warrant registers dated May 21 and 28, 1998. ACTION:Approved.3.3 Request approval of City Council Minutes, Regular Meeting, May 26, 1998. ACTION:Approved.3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved.AGREEMENTS REMOVED AND HEARD SEPARATELY)3.5 First Amendment to agreement with Scott Fazekas & Associates to provide building inspection services. (A2100.0 AGR-2903.1)SUMMARY: Due to the demand for building inspection services from The Block at Orange (Mills), the City's inspectors are unable to meet all demands for building inspection CITY COUNCIL MINUTES June 9, 1998 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Appropriate $30,000 and increase Revenue Budget by $30,000. Councilman Alvarez expressed concern that there would be a conflict with the plan check and inspection services performed by Scott Fazekas & Associates. The Director of Community Development explained the individuals will not be looking at the same projects in the different capacities. MOTION SECOND AYES Murphy Coontz Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. For FY 98/99, appropriate $30,000 in Account No. 100-6031-426700 and increase revenue budget by $30,000 in Account No. 100-6031-292100 to reflect reimbursement from The Mills for inspection costs. BIDS REMOVED AND HEARD SEPARATELY)3.6 Bid No. 978-36 for Main Library Renovation (continued from 5/26/98). ( A2100. 0 AGR-3057)SUMMARY: On May 26, 1998 the City Council approved award of bid to Great West Contractors, Inc. in the amount of $1,128,241 for the renovation of the Main Library,excluding the Information Technology Center, moving costs and new shelving. Great West Contractors, Inc. requested consent to withdraw its bid due to an oversight in the cost estimate.FISCAL IMP ACT: Funds are budgeted for FY 1997/98 in the following accounts:310- 9645-481105-9900 (CDBG) $325,000; 500-7028-481105-9900 (Main Library Renovation) $832,000 The City Attorney reported the ten formal bids for the project ranged from $1,128,241 to approximately $1,500,000. Great West Contractors was the apparent low bidder, with Hollister Construction Company as the second low bid. On May 28th, Great West Contractors faxed a letter to the City stating a mistake was made in the preparation of the bid. The Public Contract Code requires the following findings be made in order to grant relief to a bidder: 1) a mistake was made; 2) the contractor gave the City written notice of the mistake within 5 days after the opening of the bids; 3) the mistake made the bid materially different; and 4) the mistake was made in filling out the bid and not due CITY COUNCIL MINUTES June 9, 1998 3. CONSENT CALENDAR (Continued) The City did not receive notice of the mistake within five days of the bid opening. Great West Contractors submitted a line item bid of $14,600 for dry wall and metal framing, which should have been $146,000. Other bidders bid the same line item between $45,000 66,000.Concern was expressed by Councilmembers regarding the project being delayed and the quality of work of the project. The City Attorney explained a letter was sent to Great West Contractors giving them until Thursday, June 11th at 5:30 p.m. to indicate if they intend to go forward with the project. The project should not be delayed regardless of whether it is performed by Great West Contractors or Hollister Construction Company.The bid bond is approximately $112,000 - 10% of the contract price. The contractor must meet the specifications of the contract.Richard Wolfinger, representing Great West Contractors, said they did not comply with the five day notice as the mistake was not found within the required five days. An honest mistake was made. He requested relief for his bid as he does not want to litigate.TareefNashashibi, estimator for Great West Contractors, spoke regarding the mistake he had made. MOTION SECOND AYES Murphy Slater Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny Great West' s request for relief of its bid, finding that Great West failed to comply with the procedures of Public Contract Code Sections 5100-5107 for relief of its bid.MOTION SECOND AYES Murphy Mayor Coontz Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that if Great West refuses within 3 days to agree to perform the work in accordance with its bid, then, in the best interest of the City, approve the award of Bid No. 978-36 to Hollister Construction Company, the second lowest responsible bidder in the amount of $1,157,000; authorize the Mayor and City Clerk to execute the contract with Hollister Construction Company on behalf of the City; direct the City Attorney to demand forfeiture of Great West's security for its bid; and authorize the City Attorney to take all steps necessary and appropriate to recover amount forfeited.PAGE 4 CITY COUNCIL MINUTES June 9, 1998 3. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARA TEL Y) 3.7 Bid No. 978-52 -Plans and specifications for Street Lighting Modifications in Old Towne and authorize advertising for bids (continued from 5/26/98). (S4000.S.3. 10)SUMMARY: This project will modify, replace or upgrade the existing street lights in Old Towne at the following locations:Northeast area: Orange St., Center St., Cleveland St. and Pine S1.Northwest area: Maple Ave., Lemon S1., Olive St., and Palm Ave.Intersection of Chapman Ave. and Center St.FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program for these projects. The Engineer's Estimate is $397,400. Funds in the amount of $397,477 are available in Account No. 284-5032-483100-6461 (Northeast Area Project) - $ 133,084.08;Account No. 310-9645-485100-1818 (Northwest Area Project) - $221,806.80; and Account No. 284-5032- 483100-6132 (Chapman/Center) - $ 42,586.91.NOTE: Mayor pro tern Slater and Councilman Alvarez abstained on this item due to property interests.MOTION SECOND AYES ABSTAIN Spurgeon Murphy Murphy" Mayor Coontz, Spurgeon Slater, Alvarez Moved to approve plans and specifications and authorize advertising for bids.3.8 Project No. 1821: Plans and specifications for various CDBG Street Reconstruction Construction Projects and authorize advertising for bids. ( S4000.S.7)SUMMARY: Plans and specifications have been completed for the Street Reconstruction at the following locations:Adams Ave. from Tustin S1. to 1000 f1. east Wayfield St. from Walnut Ave. to Palm Ave.Mount Vernon Ave. from Wayfield St. to 150 ft. east of Park Ln.Park Ln. from Mt. Vernon to Sycamore Ave.Martha Ave. from Park Ln. to 300 ft. east.Emerald Dr. from Cherry Ave. to Walnut Ave.The project is funded by the Community Development Block Grant Program and is ready to be advertised for bids. The estimated construction cost is $ 613,000.00.ACTION: Approved plans and specifications and authorized advertising for CITY COUNCIL MINUTES June 9, 1998 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Funds are budgeted in the CIP and available in CDBG Account No. 310-9645-483300-1821 (Community Development Block Grant) - $ 546,330.3.9 Project No. 3433: Plans and specifications for Sacramento Storm Drain Construction, Walnut to Collins, and authorize advertising for bids. (C2500. M.17)SUMMARY: Plans and specifications have been completed for the construction of a storm drain in Sacramento St. and Collins Ave., and the project is ready to be advertised for bids. The estimated construction costis $1,400, 000.00.ACTION: Approved plans and specifications and authorized advertising for bids.FISCAL IMPACT: Funds are currently budgeted in Account No. 530-5011-483300-3433 (Drainage Fund) - $978,350.00. Additional monies have been approved in the 1998-99 fiscal year CIP: Account No. 530- 5011- 483400-3433 - $213,000.00.CLAIMS 3.10 CLAIMS FOR DAMAGES FROM: a. Rufus Davis b. Richard Winters c. 396 Investment Co. fka The Fieldstone Co.FISCAL IMPACT: None.ACTION: Denied claims for damages and referred to City Attorney and Adjuster.C3200.0)PARCEL MAPS 3.11 Parcel Map No. 97-179. (C2500.M.16.2)SUMMARY: Parcel Map No. 97-179 creates three parcels at the southeast quadrant of Chapman Ave. and Flower St. presently developed for office-professional use.ACTION: Approved the recordation of Parcel Map No. 97-179 and accepted dedication of right-of-way and vehicular access rights on Chapman Ave. FISCAL IMP ACT: The developer is dedicating right-of-way for the widening of Chapman Ave. as required by the Master Plan of Streets and Highways, resulting in significant savings CITY COUNCIL MINUTES June 9,1998 3. CONSENT CALENDAR (Continued) PARKING RESTRICTIONS REMOVED AND HEARD SEP ARA TEL Y) 3.12 'NO FEE' parking permits in municipal parking lots for the Assistance League of Orange (10), and First United Methodist Church (2) and review this fee waiver annually. (S4000.S.3.1.2) SUMMARY: The Assistance League of Orange and First United Methodist Church are requesting issuance of 'NO FEE' parking permits to accommodate their charitable medical and community activities. This report is reviewed annually by the City Council. FISCAL IMP ACT: Loss of $1 ,440 annual parking permit fees. NOTE: Councilman Alvarez abstained on this item due to property interest. MOTION SECOND AYES ABSTAIN Murphy Slater Murphy, Slater, Mayor Coontz, Spurgeon Alvarez Moved to approve.3. 13 Approved establishing 1 Hour parking on both sides of Glassell St. between Sycamore Avenue and Walnut Avenue. (S4000.S.3.1.1)SUMMARY: The basis for the request is to provide turn-over parking for area businesses who are competing for available parking with Chapman University students and construction workers. ACTION: Approved the request establishing 1 Hour parking zones on the east side of Glassell St. starting 140 feet north of Sycamore Ave. ending at Walnut Ave. and on the west side of Glassell St. starting 200 feet north of Sycamore Ave. ending at Walnut Ave.FISCAL IMPACT: Funding for this type of work is provided in the departments operating budget utilizing Gas Tax Exchange funds in the Contractual Services Account No. 273-5032- 447100).Discussion: Carole Walters, (address on file), commented some business owners are not happy with the I hour parking. She spoke regarding a new business school building on Glassell, south of Walnut, which in her opinion looks bad and blocks Old Towne.Councilman Murphy noted there were some modifications made to the parameters of the 1 hour parking, based on individuals who spoke at the Traffic Commission meeting.Mayor pro tern Slater commented the building will look better when it is completed.PAGE 7 CITY COUNCIL MINUTES June 9, 1998 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.14 RESOLUTION NO. 8945 (C2500.M) A Resolution of the City Council of the City of Orange expressing appreciation to Donna Jean Schnirl of the Public Works Department and commending her for more than twenty years of loyal and dedicated service. ACTION: Approved. 3.15 RESOLUTION NO. 8947 ((A2100.0 AGR- 2996)A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 978-23; S.P. 3208; E. A. Mendoza,Inc.; Bus Stop Improvements for Canal St. at Heim Ave. ACTION: Approved.REMOVED AND HEARD SEPARA TEL Y)3.16 RESOLUTION NO. 8948 ( S4000.SA)A Resolution of the City Council of the City of Orange rescinding Resolution No. 8901 and authorizing the temporary closure of Chapman Ave. from Lemon St. to Grand St.,and Glassell St. from Maple Ave. to Almond Ave., within the "Historic Plaza" area, for a special event on July 12,1998.NOTE: Councilman Alvarez abstained on this item due to property interest. MOTION SECOND AYES ABSTAIN Murphy Spurgeon Murphy, Slater, Mayor Coontz, Spurgeon Alvarez Moved to approve.REMOVED AND HEARD SEPARA TEL Y)3.17 RESOLUTION NO. 8949 (L1200.0 LMA-82-1) A Resolution of the City Council of the City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain Assessment District proceedings (82- 1).PAGE CITY COUNCIL MINUTES June 9,1998 3. CONSENT CALENDAR (Continued) Councilman Alvarez expressed concern with the City being in the business of controlling the assessment districts. He spoke regarding the Santiago Hills Development and suggested staff look at eliminating the assessment districts from the budget. The Director of Public Works explained the districts outlined in Agenda Items Nos. 3.17 3.22 are for landscape maintenance on publicly owned open-space parcels within the boundaries of the developments. An option would be if a homeowner organization were willing to come forward and assume the obligations. However, there has not been an expression of interest, complaints or concerns from residents within the districts in recent years. Mayor Coontz commented the City has improved the maintenance programs and reduced costs over the years. Councilman Murphy noted that only a portion of the assessment districts are being subsidized by the City's reserve funds. The City Manager explained the property owners has the option of paying the assessment fee in advance. The property owners in the Santiago Hills Development have been pleased with the contractors that have been hired. The City administration of the assessment districts has been very successful and a benefit to the homeowners. MOTION SECOND AYES Murphy Mayor Coontz Murphy, Mayor Coontz, Spurgeon, Slater, Alvarez Moved to approve. 3.18 RESOLUTION NO. 8950 (L1200.0 LMA-82-l)A Resolution of the City Council of the City of Orange giving preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 82-1 Shadow Ridge) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for public hearing to receive evidence on the foregoing matters. ACTION: Approved. 3.19 RESOLUTION NO. 8951 (LI200.0 LMA- 86-2)A Resolution of the City Council of the City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain Assessment District proceedings (86- 2).ACTION: CITY COUNCIL MINUTES June 9, 1998 3. CONSENT CALENDAR (Continued) 3.20 RESOLUTION NO. 8952 (LI200.0 LMA- 86-2)A Resolution of the City Council of the City of Orange giving preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2 Santiago Hills) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for public hearing to receive evidence on the foregoing matters.ACTION: Approved.3.21 RESOLUTION NO. 8953 ( LI200.0 LMA-94-1)A Resolution of the City Council of the City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain Assessment District proceedings (94-1).ACTION: Approved.3.22 RESOLUTION NO. 8954 (LI200.0 LMA-94-1)A Resolution of the City Council of the City of Orange giving preliminary approval to the Certified Engineer' s Report for Landscape Maintenance Assessment District 94-1 Sycamore Crossing) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for public hearing to receive evidence on the foregoing matters.ACTION: Approved.3. 23 RESOLUTION NO. 8955 (C2500.M.16.1 LLN-98-6)A Resolution of the City Council of the City of Orange rescinding Resolution No. 8916 and approving Lot Line Adjustment LL 98-6 adjusting lot lines of certain real property situated at a portion of Lot B ofthe Bush and Watson Tract as shown on a Map of Survey made by Knox and Rumble in 1871 and Lot 24 of the Fletcher Tract in the City of Orange, County of Orange, State of California, as shown on a Map recorded in Book 3,Page 320 of Miscellaneous Records, in the Office of County Recorder of Los Angeles County, California; CITY COUNCIL MINUTES June 9, 1998 3. CONSENT CALENDAR (Continued) 3.24 RESOLUTION NO. 8959 (E1I00.0) A Resolution of the City Council of the City of Orange, California, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 3, 1998, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities. ACTION: Approved. 3.25 RESOLUTION NO. 8960 (E1100.0) A Resolution of the City Council of the City of Orange, California, requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 3, 1998 with the Statewide General Election to be held on the date pursuant to Section 10403 of the Elections Code. ACTION: Approved. 3.26 RESOLUTION NO. 8961 (EII00.0) A Resolution of the City Council of the City of Orange, California, adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 3, 1998. ACTION: Approved. 3.27 RESOLUTION NO. 8962 (E1I00.0) A Resolution of the City Council of the City of Orange, California, providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any municipal election. ACTION: Approved. SPECIAL EVENTS 3.28 Request for temporary suspension of permit parking restrictions within Permit Parking' Area D' and' Area G', for a special event. (S4000.S.3.1.2) SUMMARY: The Department of Community and Library Services will host the 3rd Annual July 3rd celebration at El Modena High School's Kelly Field. Due to anticipated attendance it may be necessary to park in the surrounding residential neighborhood adjacent to the stadium, which restricts on-street parking except by Permit.PAGE CITY COUNCIL MINUTES June 9, 1998 3. CONSENT CALENDAR (Continued) ACTION: Approved the request of the Orange Police Dept. and suspend the permit parking restrictions (Area D & Area G) on Friday - July 3rd, 1998.FISCAL IMPACT: None.TRANSFER REMOVED AND HEARD SEPARA TEL Y)3. 29 Approved transfer of funds to purchase Computer Graphics hardware and software for the Police Department. (C2500.K)SUMMARY: Donations from patrons are collected over a period of time. When funds have reached a sufficient amount, they are then appropriated from the revenue account to purchase Computer Graphics hardware and software.FISCAL IMPACT: None. Various patrons have donated $3,025 to the City of Orange Police Department forensic Artist Program to supplement the Police Department's budget. NOTE: Councilman Murphy abstained on this item due to business interest.MOTION SECOND AYES ABSTAIN Spurgeon Alvarez Slater, Mayor Coontz, Spurgeon, Alvarez Murphy Moved to appropriate $ 3,025 from Revenue Account No. 100-0000-293900-2309 Forensic Artist Donations) to Account No. 100-4001-471301-2309 ( Equipment Additions - Police Artist). MOTION SECOND AYES Murphy Alvarez Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 3. 5, 3.6, 3.7, 3.12, 3.16, 3.17and 3.29 were removed and heard separately.Councilman Alvarez and Mayor pro tem Slater abstained on Item No. 3.7. Councilman Alvarez abstained on Item Nos. 3.12 and 3.16. Councilman Murphyabstained on Item No. 3.29. The remainderof the Consent Calendar was approved as recommended.END OF CONSENT CALENDAR PAGE 12 l -- CITY COUNCIL MINUTES June 9, 1998 4.REPORTS FROM MAYOR COONTZ Tape 1630 4.1 Canyon View Traffic/Pedestrian Safety Issues Mayor Coontz gave the following report: The City Council and I have been aware of the continuing need to protect the residential requirements of the Santiago Hills planned community. Santiago Hills was developed before each of us was on the Council and I personally felt the need to solve their problems as they arose over the years. We have 5 recommendations to make today which we will list at the end of our presentation. Councilman Murphy will assist with that. Two years ago the Santiago Hills Homeowner's Association requested a public meeting for answers to their questions and concerns about the Eastern Transportation Corridor construction and the present and future status of Canyon View, which cuts through Santiago Hills from Newport Ave. to Jamboree and divides that community in two. The homeowners' association, the City of Orange, and the Eastern Transportation Corridor Agency worked together for that presentation which brought together the community and the traffic and land use people who could give the answers. Since then, the traffic volume and pedestrian safety concerns have re- echoed, especially during the last six months. As Council members, we need to provide some direction through the City Manager, for answers to the community for both short term and long term. The east leg of the Corridor is due to open in October of this year while the west leg will probably be completed in the first half of next year. A response team of representatives from Orange, Tustin, the County, Silverado Constructors, Caltrans, and the Transportation Corridor Agencies are prepared to deal with every aspect of the opening through a Communications Service Center, which I believe is located in Tustin, to assure as smooth an operation as possible. Councilman Murphy, who lives on the east side of Orange, and I have assembled some thoughts as to what we need to do as a city: 1. Coordinate the Corridor effort with our own communication activity in the east end to provide early information to residents and businesses, including community meetings with our staff. 2. Request organizational assistance from the homeowner's association leadership for that communication as we did before. 3. Provide short term remedies on Canyon View and Newport to be ready to answer any problems that may occur with the Corridor opening. 4. Investigate improvements now for pedestrian safety for Canyon View and bring back suggested improvements to the City Council as soon as possible. 5. In our conversations with the traffic department, we were told that a new traffic study should be done after the opening of the Eastern Transportation Corridor. At that time, further restrictions to divert outside traffic can be considered. PAGE 13 CITY COUNCIL MINUTES June 9, 1998 4. REPORTS FROM MAYOR COONTZ (Continued) The East Orange General Plan was developed with the idea that the area would be graded at the same time as the Eastern Transportation Corridor. That did not happen. There are many reasons for that. It would have been easier for the Irvine Company to pursue the development as it was approved by the Council if they could piggyback on the grading that was done. They chose not to proceed with the project for a number of reasons, including the fact that we were going into a recession. It was a costly project and much easier for them to move out on the flatland of East Tustin or to pursue some of their interests in South County. I believe that when The Irvine Company comes back to us a number of years from now, we will see a significantly different plan from that which was originally approved due to different market conditions and the need for significant changes in the grading plans. At that time, we can re- address the issue of Canyon View on the other side of the corridor. In response to Mayor Coontz, the Director of Public Works said a preliminary study and recommendations for pedestrian safety improvements would take a minimum of 30 days. Councilman Murphy suggested a traffic study be done three to six months after the Eastern Transportation Corridor opens to get a more effective traffic study. Mayor pro tem Slater suggested that people in Orange Park Acres have input as well. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, asked that a traffic study be done in the Chapman and Santiago Canyon area after the Eastern Transportation Corridor opens. The Director of Public Works explained a traffic study in the area would include all of the arterial roadways. MOTION SECOND AYES Mayor Coontz Spurgeon Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the report with the directions noted. The traffic study to be performed six months after the opening of the Eastern Transportation Corridor.5.REPORTS FROM COUNCILMEMBERS Tape 2088 OFF-AGENDA ITEM Councilman Alvarez reported approximately 35 people attended the community forum he held on May 30th with individuals from East Orange. A written report will be provided to Council detailing concerns expressed to him at the public forum. He proposed that there continue to be community forums or Council Study Sessions be held in that area. He referred to each of the five recommendations made by Mayor Coontz outlined in Agenda Item No. 4.1. Councilman Alvarez indicated the homeowner's are ready to organize now and he will propose that an organization be set up to bring Association President's together to discuss common problems.PAGE 14 i CITY COUNCIL MINUTES June 9, 1998 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. REPORTS FROM CITY MANAGER - None 8.ADMINISTRATIVE REPORTS Tape 2412 8.1 Report from the Finance Director regarding Assessment District No. 86-1 (East Orange) Reassessment Proceeding and Refunding Bonds. (T1100.0.1 ASD-86- 1)SUMMARY: The City will be able to lower property assessments in the East Orange ( Santiago Hills) Assessment District if the outstanding bonds are refunded at the current favorable interest rates.The Finance Director requested the item be continued to June 23rd in order to provide more information in the Official Statement.MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to June 23, 1998.9. LEGAL AFFAIRS - None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5 :55 p.m. 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: Orange City Firefighters;Employee Organization: City of Orange Police Association 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.PUBLIC COMMENTS Tape 2500 Carole Walters, (address on file), expressed concern with the new Police Chief that will be chosen for the City. Residents have the right to know who is being considered for the position.PAGE 15 CITY COUNCIL MINUTES June 9, 1998 12. PUBLIC COMMENTS (Continued) The City Manager indicated a report will be prepared to Council within the next two weeks. Possible candidates have been interviewed for an interim position. It will be some time before a recommendation is made on a permanent Police Chief. 13.PUBLIC HEARINGS Tape 2613 13.1 APPEAL NO. 442, CONDITIONAL USE PERMIT, 2195-97, RALPH ZEHNER:The 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 of1 Y:z stories in Old Towne, required by OMC 17.14.070(y) and Old Towne Design Standards Chapter 5.B.2.b. and Mitigated Negative Declaration 1540-97 was continued from March 10, April 14, and May 12,1998 to this time.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 move on."The Director of Community Development reported that the City Attorney is recommending this be referred back to the Planning Commission for review and recommendation, based on the fact that the application is substantially different than what was brought before the City Council,Planning Commission and Design Review Board in the past. Mr. Zehner concurs with the City Attorney's recommendation and has agreed to go back to the Planning Commission. A letter was received from a legal advisor to one of the neighbors suggesting a continuance or additional time to review the recently modified application.Mayor Coontz noted that the individuals who submitted a speaker card will be provided the opportunity to discuss the application at the July 20th Planning Commission meeting.The City Attorney noted the mitigation measure requires review by the Planning Commission and Design Review Board to insure the project is consistent with the architecture in the downtown area and to review it on a mass and bulk criteria. It was recommended the Council not enter into discussion regarding the issue if it is referred back to the Planning Commission as the City does not want any allegations that the matter was prejudged. If the matter comes back to the Council, it can be considered at that time. If Council directs the project to go back to the Planning Commission, he recommended that until the matter is appealed to the City Council, if ever, the Council not have further discussion with CITY COUNCIL MINUTES June 9, 1998 13. PUBLIC HEARINGS (Continued) In response to Mayor pro tern Slater, the Director of Community Development explained if the Planning Commission decision is not in Mr. Zehner's favor in the future, he may want to appeal it to Council again. If the Council denied the appeal or Mr. Zehner withdrew the appeal at this time, the City would have to go through the appeal application process again, which would take additional time. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to refer the application to the Planning Commission and Design Review Board.COUNCIL COMMENTS:Mayor Coontz reported in 1993, the Council rezoned the Culver Street properties on the south side to R- 2-6. The Old Towne Design Standards and the Culver Street mitigation measures in the R-2-6 zone are confusing and not limiting enough to guide the neighborhood and any applicant towards a development pattern that's consistent with the Council's original intention in 1993. The current regulations allow too much density.It was recommended that the City Manager direct the staff to look at alternatives, which might be to rezone Culver to R-2-8; keep the R-2-6 zone and amend the development standards so that the mitigation measures, Old Towne Design Guidelines and the zoning code are in better conformance and easier to understand. She noted for example, some development standards might be: 1) when the R-2-6 zoned lot is larger than 8, 000 square feet, allow building to include two units maximum; 2) require separation between structures; and 3) require that all effort be made to utilize common driveways to avoid duplication of drives and minimize vehicle conflict points.Whether the R-2-6 zoning is kept or the City moves to R-2-8 or other zoning, the City needs to require the packaging of any new units behind the present structures on Culver to create a mini neighborhood with front yards, the same setbacks, and the rhythm of a real neighborhood. The Council has already indicated they want to retain the single family character allowing new development and at the same time keep the historic character of Culver Street as the residents desire. Mayor Coontz requested the Community Development staff report back to Council with ideas.Councilman Alvarez concurred with Mayor Coontz, indicating he would like to participate with staff on this issue.Mayor pro tem Slater concurred with Mayor Coontz, adding that he would like staff to consider anything over R-2 (8,000) be limited to two units; staff look at R-2 (10,000); and even consider rezoning it back to R-l as it CITY COUNCIL MINUTES June 9, 1998 13. PUBLIC HEARINGS (Continued) CEQA needs to be addressed. He reported that in 1993, when he was President of the Old Towne Preservation Association, the Director of Community Development sent him a letter that said "staff is currently investigating an initial study to develop a Master Environmental Assessment of Old Towne to establish CEQA threshold levels for both historic resources and bulk and mass on a contextual basis. This Master Assessment will also address cumulative impacts on successive projects over time on a block-by-block basis." This is definitely a block where cumulative impacts has to be considered ifleft at R-2.Mayor Coontz commented everyone is concerned about the future, regardless of which way the application goes.Councilman Murphy there needs to be a policy statement which says what the rules will be.13.2 CONDITIONAL USE PERMIT 2218- 98; PRP WINE INTERNATIONAL Tape 3167 Time set for a public hearing to consider approval of Conditional Use Permit 2218-98. The applicant is proposing to sell pre-packaged alcoholic beverages (primarily wine) from an 800 square-foot warehouse. The site is located within an industrial park at 2326 N. Batavia Street Unit 110 ( Batavia Palms Business Center). (C3300.0 CUP-2218-98)NOTE: This project is categorically exempt from the provisions ofthe California Environmental Quality Act per State CEQA Guidelines Section 15301.The Director of Community Development reported the sale of alcohol will be primarily by mail order. The applicant has previously operated the same type of business at 1735 W. Katella since 1990 and is relocating to this location. The business is primarily a warehouse shipping and receiving operation. The Police Department does not have concerns with the application. It is not believed there are other Conditional Use Permits in a M-l or M-2 zone that have this type of use at this time. The City is in control of the use for the Conditional Use Permit. It is recommended that Condition No. 1 of Planning Commission Resolution No. PC-30-98 be eliminated.Del Shelton, representing PRP Wines, 1735 W. Katella, commented he would like to consolidate his three operations throughout the state into one facility to streamline the operations. The wine is imported primarily from Europe, comes prepackaged in cases, and is distributed in a sealed box directly to the customer. In the event of walk- in CITY COUNCIL MINUTES June 9, 1998 13. PUBLIC HEARINGS (Continued) MAYOR COONTZ OPENED THE PUBLIC HEARING. Barbara DeNiro, (address on file), indicated she visited the operation on Katella and looked at the facility on Batavia. How many square feet is the currently facility? Concern was expressed with the consolidation of operations into one; parking at the new facility; and the phone bank. How many more employees will there be? How many operations do they currently have? Where are they? Are they the same type of operation? What else will be sold besides wine? Del Shelton, 1735 W. Katella, responded there will be lines for outgoing and incoming calls. The business is basically a catalogue, mail order, telephone service type operation. Currently they have a licensed facility in Sacramento, Hayward, and Orange. The current facility on Katella has 1,700 square feet, which is under utilized.. All products are wine related, i.e. corkscrews, wine racks, storage cases. The license prohibits selling anything with over 20% alcohol. The business does not cater to walk-in traffic. There are eight to ten employees on site at any given time.MAYOR COONTZ CLOSED THE PUBLIC HEARING.MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Move that the project is categorically exempt from the prOVISIOns of the California Environmental Quality Act per State CEQA Guidelines Section 15301.MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Conditional Use Permit 2218-98 as outlined in Planning Commission Resolution No. PC-30- 98, modifying Condition No. 1 to delete the last sentence of that condition.13. 3 WEED ABATEMENT HEARING - SPRING Tape 3725 Time set for a public hearing for the purpose of considering and hearing objections to the proposed removal of weeds which constitute a public nuisance. Resolution No. 8934 adopted by the City Council of the City of Orange on May 26, 1998 declares weeds a public nuisance and initiates abatement proceedings. ( C2500.M.2)PAGE 19 CITY COUNCIL MINUTES 13. PUBLIC HEARING (Continued) June 9, 1998 The properties which constitute a public nuisance and must be abated by the removal of weeds are: 315 N. Harwood (weeds in back yard area) 715 Mallard (vacant lot behind) NWC Meats & Featherhill Dr. NWC Featherhill & Meats (vacant lot) 19710 E. Santiago Cyn. Rd. (vacant lot across) S/O 947 Capistrano PI. (vacant land) Assessors Parcel No. 386- 133-10 Assessors Parcel No. 383-071-05 Assessors Parcel No. 372- 691-03 Assessors Parcel No. 361-153-16 Assessors Parcel No. 379-431-18 Assessors Parcel No. 379-321-12 The Fire Safety Specialist reported the following lots no longer require abatement:NWC Meats & Featherhill Dr.NWC Featherhill & Meats (vacant lot) 19710 E. Santiago Cyn. Rd. (vacant lot across) Assessors Parcel No. 372-691-03 Assessors Parcel No. 361-153-16 Assessors Parcel No. 379-431-18 MAYOR COONTZ OPENED THE PUBLIC HEARING.Barbara DeNiro, (address on file), asked how many times a year weeds are required to be abated?She was told that a permit has been pulled to abate the weeds at Southern California Presbyterian Homes? What period of time do they have from the time they are notified to abate the weeds?The Fire Safety Specialist responded the weed abatement procedures are handled twice a year. The first notices were sent out in March. They are given 45 days with both inspection notices to comply before they are presented to Council. A violation notice was issued for the lots next to the Presbyterian Church on Taft.Carole Walters, (address on file), commented on City lots that need weed abatement.The Fire Safety Specialist responded the City lots are cleaned. A contractor checks periodically for weeds and clears them when they are overgrown.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to declare the subject properties a nuisance and approve abatement by a private contractor:315 N. Harwood (weeds in back yard area)715 Mallard (vacant lot behind) S/O 947 Capistrano PI. (vacant CITY COUNCIL MINUTES June 9, 1998 14. PLANNING AND ENVIRONMENT - None 15. ADJOURNMENT MOTION SECOND AYES Mayor Coontz Murphy Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 7:42 p.m.CuAf#~~~~T CASSANDRA J. C HCART, CMC CITY CLERK j",,':E- j' Ie: Xi'-l ( C-(")/'-',1 /." ...' ,.. -: / -'--'-;JQANNECOONTZ - )MAYOR 'PAGE 21I ~.~_._.-._.-