09-22-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 13, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 22, 1998
The City Council of the City of Orange, California convened on September 22, 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
Merrilee Kinsman, American Association of University Women
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.3 ROLL CALL
PRESENT-
ABSENT -Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez None
1.
4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS a.
Bob Hall, President of the Orange County Central Lions Club, presented a donation of $
650.00 to the Friends of the Orange Public Library from monies raised through the
use of the Bank of America parking lot at the Orange International Street Fair.b.
Employee Recognition Service Awards were presented by the City Manager to Phyllis
Gomez, Rena Davis, Mike Swanson, Tom Hesketh, Rory Moore, and Sherry L.
Hari. Jeff Burton, Mark Spreeman, Frank Eickhoff, and Steve Foster were unavailable
to accept their award. (C2500.J.4.1.8)c.
Mayor Coontz made the following announcements: I) The second Eastern Transportation
Corridor early opening information meeting will be held September 23,
1998, 7:30 p.m. at Linda Vista School, and the third meeting is scheduled for September
24, 1998 7:00 p.m. at Villa Park High School. 2) The Orange County Register
published "The Best of Orange County" and the City of Orange was listed as having
the best downtown. 3) Operation Hope, run by the Orange County Rescue Mission
to assist homeless children in motels, has several locations in City Hall for City
Employees and the community to drop off food and other items. Contact Lorraine
Mazza, Orange County Rescue Mission at 258-4450, extension 203 for the
list of needed items.
PAGE 1
CITY COUNCIL MINUTES September 22, 1998
2.PUBLIC COMMENTS Tape 424
Mark Burkhardt, 3447 E. Ruth Place, representing the McPherson Advisory Committee,
requested consideration of the repayment of all or some of the $5,000 the Committee
expended in hiring an attorney.
The City Attorney commented that he had advised Mr. Burkhardt the City is not
obligated to pay the requested attorney fees. The City Manager asked that Mr. Burkhardt
substantiate his argument in writing, to which he would provide a response with a copy to
Council. When this issue was addressed several months ago, the City Attorney ruled the
costs could not be supported as it is not in the public interest and would be a gift of public
funds.
Mara Brandman, 7319 Equitation Way, Orange Park Acres, expressed concern with
public safety provided by the Police Department; addressed concerns raised by Mr. Lupe
Hurtado under Public Comments at the September 8, 1998 Council meeting; commented
on the new Police Chief selection process; and requested the City establish a philosophy
of what is expected from the Police Department and how the City expects the Police
Department to interact with the citizens.
In response to Mayor Coontz, the City Manager indicated goals and objectives and a
department work program is outlined in the budget document to which every department
is held accountable. He requested Interim Police Chief Romero address Ms. Brandman's
concern for Mr. Hurtado.
The Interim Police Chief commented at the September 8, 1998 Council meeting, Mr.
Hurtado accused him of not returning his telephone calls and not responding to him. He
indicated that was not true, as he did call him twice that week. The gang unit was sent to
his house to discuss his problems. The Interim Police Chief said he said he is willing to
meet with Mr. Hurtado anytime. In response to Mayor Coontz, he indicated the illegal
restaurant located in the City that was operating inside an apartment building was closed
down; the one operating in the County was given a warning. The Orange Police
Department, along with the Sheriffs Department is concentrating on the El Modena area.
3.CONSENT CALENDAR Tape 858
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of September 22, 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.PAGE
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
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 September 3 and 10, 1998.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of September 8, 1998.
NOTE: Councilman Spurgeon abstained on this item due his absence at the September 8,
1998 meeting.
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 Agreement with Hilton, Farnkopf & Hobson, LLC to develop a Request for
Proposal (RFP) for solid waste services. (A2100.0 AGR-
3118)SUMMARY: Council approval is requested to enter into an agreement with
Hilton,Farnkopf & Hobson, LLC in an amount not to exceed $69,500 to develop a Request
for Proposal for solid waste
services.FISCAL IMPACT: Funds carried over from 1997-98 for this purpose are
available in Sanitation Fund (Fund 220), Account No. 220-
5022-426700 (Contractual Services).Discussion: Barbara DeNiro, (address on file), requested an
explanation of this item.The Director of Public Works explained the RFP
would include trash collection,recycling, and trash disposal services. Hilton, Farnkopf & Hobson
would also assist in the evaluation of proposals submitted and the contract
negotiation with the service provider. The contract amount of $69,500 includes contingencies.
The base amount is
57,500 without contingencies.Mayor pro tern Slater commented the Apartment Owners
Association have expressed an interest in citizen participation in this process. He asked the
consultant what his past experience or knowledge has been with apartment
association and/or commercial property owner participation. Has it been beneficial? He would
like to explore the possibility of a standing citizens advisory committee to provide
input on the trash contracts. In addition to the large amount of complaints
the Association
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
feel the rate structure is unfair and want assurance that the end result is everyone is
treated fairly.
Mayor Coontz indicated at the last meeting with the Apartment Owners Association, it
was discussed that anyone interested send their recommendations or questions to the City.
The Director of Public Works confirmed the questions received will be answered.
Laith Ezzet, Hilton, Farnkopf, & Hobson, spoke regarding four mechanisms that have
been used in determining what services will be included in the RFP. Involvement with
citizen committees workS best with very specific issues, and often involveS a three to six
month process. One or two public workshops usually work best and are consistent with
what has been done successfully in many other communities. Mr. Ezzet indicated his
firm could invite the Apartment Owners Association, industrial quadrants, and the public
to the workshops. A proposed community input plan would be presented as part of the
project plan and circulated to the Council. Specific options would be given for
community input and a recommendation on how to implement the options.
Councilman Alvarez suggested Council form a committee composed of focus groups.
Private apartment owners in the City are complaining about the discrepancy between the
different types of users. Industrial users want assurance that they receive an even break
like the homeowners and want to sell their own recycables. Their participation would be
advantageous.
Mayor Coontz noted the City has to meet the State AB 939 requirements relative to 50%
recycling by the year 2000, and a number of laws relative to recycling. In regards to the
industrial users, it was suggested the Northwest Redevelopment Committee be
reactivated. What would the timeline be for the contract? The Director of Public Works
responded defining the scope of services and conducting briefings is targeted for
November, 1998.
Councilman Spurgeon expressed concern with having another citizens committee. He
supports workshops with targeted groups and members of the public.
Mayor Coontz directed the City Manager to provide Mr. Ezzet with questions and
recommendations that have been received.
Carole Walters, (address on file) asked if residents can do what they want with their
recycables? A senior citizen was fined by the City. The City Manager indicated this
issue will be addressed further and input provided back to Council.
Councilman Alvarez asked who is contacted to obtain a list of the commercial and
industrial users? Mr. Ezzet responded they usually contact the Chamber of Commerce
and ask them to notify all their members about any workshops or meetings.
PAGE 4
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
If there are key individuals in a particular city or group of businesses, he sometimes calls
them personally.
MOTION - Slater SECOND -
Murphy A YES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Item No. 3.7 authorizing the Mayor and City Clerk to execute the agreement on behalf
of the City, with the stipulation there be some type of citizen involvement in the
process.BIDS 3.6
RFP
989-05; Agreement with Greater Alarm for purchase and installation of a Closed Circuit
Television System. (A2100.0 AGR-3117)SUMMARY:
Council approval is requested to enter into an agreement with Greater Alarm
in the amount of $98,985 for the purchase and installation of a replacement closed circuit
television system for the Police facility.ACTION:
Authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.FISCAL
IMP ACT: The amount of the agreement is $ 98,985. The City of Orange was awarded $
123,180 through the FY 96 Local Law Enforcement Block Grant Program,which
are budgeted in Account No. 353-4011-485100-2233 (Federal Police
Grants -Police Admin - Capital Improvements - Closed Circuit TV Replacement). Required matching
funds of $13,687 are budgeted in the FY 98-99 Police Department Budget
Account No. 100-4011-485100-2233 (General Fund - Police Admin -
Capital Improvements - Closed Circuit TV Replacement), anticipated interest earning of $11,500
are in Account No. 353-4011-485100-2233. Total LLEBG 96
grant funds including interest earned
is $148,367.REMOVED AND HEARD
SEP ARATEL Y)3.7 Bid No. 978-33; Project No. SP-3158; Contract Change
Order No. 1 with All American Asphalt for Critical Intersection Improvement
for The City Drive and Chapman Avenue. (A2100.
0 AGR-3028 AGR-2995.I.1)SUMMARY: This Contract Change Order
will authorize payment for construction of the UCI sign wall and increase the as-
built quantity for traffic signal service conduit and
conductors from
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
This Contract Change Order will not impact the critical path of the project, so no
extension of time is granted for this Change Order. Anticipated project completion
October 23, 1998.
FISCAL IMP ACT: Unencumbered funds are available to fund the change order in
Account No. 550-5011-483300-3235 (City Drive Widening/Chapman) - $105,
921.00.Mayor pro tern Slater asked if the City will be reimbursed $105,921.00. The
Director of Public Works explained the City will be reimbursed approximately $93,000 for
the sign wall on the UCI property. The traffic signal system at $12,500 is not
reimbursable and not attributable to the
UCI activity.MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to approve Agreement between the Regents of the University of California and the
City of Orange for the additional wall and retaining wall; and Contract Change Order No.
1 in the amount of $105,921.00 to All American Asphalt for the UCI sign wall and other
additional quantities of contract unit prices.CLAIMS
3.
8 CLAIMS FOR DAMAGES FROM: (C3200.0)a.
Jill Spinden b.
Applied Risk Management c.
VCI Medical Center FISCAL
IMPACT: None.ACTION:
Denied claims for damages and Application to Present a Late Claim and referred
to City Attorney and Adjuster.GRANT
APPLICATIONS 3.
9 Approve submittal of applications for Combined Transportation Funding Program projects
for Fiscal Years 1999/00 through 2003/04. (OC1300.D.1)SUMMARY:
The Public Works Department is submitting nine applications to the Orange
County Combined Transportation Funding Program. Exhibit 'A' summarizes the projects,
costs, and years programmed. The total estimated cost of the project submittal is $
46,788,000 of which $10,398,000 is matching funds.PAGE
6
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Approved the submittal of the proposed transportation improvement projects
listed on Exhibit 'A' to the Orange County Transportation Funding Program for Fiscal
Years 1999/00 through 2003/04.
FISCAL IMPACT: All projects require City matching funds including, but not limited
to, Gas Tax, Measure M Turnback, Proposition 111, Transportation System
Improvement, and Growth Management Area funding sources. Chapman Avenue
widening from Cannon Street to 1700 feet east, if approved, could be added to the Capital
Improvement Program budget and funds allocated from the Gas Tax fund.
No immediate fiscal impact. To be determined at time of grant approvals, April, 1999.
QUITCLAIM DEED
3.10 Quitclaim all interest in Slope Easement located adjacent to Jamboree Road.
D4000.0)
SUMMARY: The Foothill/Eastern Transportation Corridor Agency wants to eliminate
this slope easement within the toll road alignment.
ACTION: Authorized the Mayor and the City Clerk to execute a Quitclaim Deed to
Foothill/Eastern Transportation Corridor Agency for a slope easement located along the
east side of Jamboree Road at the south city limit line.
FISCAL IMPACT: $200.00 Reserve deposited into 272-0000-293800 (
Gas
Tax)RESOLUTIONS 3.11 RESOLUTION
NO. 9002 A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission of the City of Orange and granting a conditional use
permit to allow retail sales of packaged alcoholic beverages, primarily wine,
through mail-order from a warehouse upon property located at 2326 Batavia Street, Unit
110. (
C3300.0 CUP-2218-
98)Conditional Use Permit 2218-
98 Applicant:
PRP Wine
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
3.12 RESOLUTION NO. 9006
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and approving the reclassification of
property located on the north side of Sycamore Avenue, 50 feet east of Glassell Street,
addressed as 121 and 123 East Sycamore Avenue, from R2-6 to C-1. (Z1500.
0
ZCG-1188-97)
Zone Change 1188-
97 Applicant:
Chapman University ACTION: Approved.3.
13 RESOLUTION NO. 9007 A Resolution of the City Council of the City of Orange
upholding the recommendation of the Planning Commission of the City of Orange and approving a
Minor Site Plan Review to convert a residential structure to office space upon property located on
the north side of Sycamore Avenue, 50 feet east of Glassell Street, addressed as
121 and 123 EastSycamore Avenue. (C2500.G.
2.0.1 SPR-40-
97)Minor Site
Plan Review
40-97 Applicant: Chapman University
ACTION: Approved.3.14 RESOLUTION NO. 9008 A Resolution of the City Council of the
City of Orange approving the submittal of transportation improvement projects
to the Orange County Transportation Authority for funding under the
Combined Transportation
Funding Program. (OC1300.D.1)
ACTION: Approved.3.15 RESOLUTION NO. 9010 A Resolution of the City Council of the
City of Orange upholding the recommendation of the Planning Commission of the City
of Orange and approving the pre-zone classification to C-l of property located along the
northerly property line of those properties in the City of Orange on the north side
of Chapman Avenue between Earlham and Hewes, parallel to and between Chapman Avenue in the City
of Orange and Pearl
Street in the
County of
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
Applicant: City of Orange on behalf of William Mattern, Reynaldo Lozano, Larry
Malone, Harvey Moreno and Margery Bassett
ACTION: Approved.
3.16 RESOLUTION NO. 9012
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and granting an accessory second
housing unit upon property located at 638 East Walnut Avenue. (C3300.0 CUP-
2230-
98)Conditional Use Permit 2230-98; Applicant: Meredith
J. Martini NOTE: Councilman Spurgeon abstained on this item due to his absence at
the September 8, 1998 meeting for this public
hearing item.
ACTION: Approved.3.17 RESOLUTION
NO. 9013 A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission of the City of Orange and granting an
accessory second housing unit upon property located at 1103 West Maple Avenue. (C3300.
0
CUP-2212-98)Conditional Use Permit 2212-
98; Applicant:
Floyd Chapman ACTION: Approved.3.
18 RESOLUTION NO. 9014 A Resolution of the City Council of the City of Orange
upholding the recommendation of the Planning Commission of the City of Orange and
approving the reclassification of property located on the east side of Tustin Street, 400 feet
south of Palmyra Avenue,addressed as 395 South Tustin Street, from R-3
to C-1. (
Z1500.0 ZCG-1193-
97)Zone
Change 1193-
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 9015
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and approving the subdivision of
property located on the east side of Tustin Street, 400 feet south of Palmyra Avenue,
addressed as 395 South Tustin Street. (C2500.M.16.2 TPM-
97-185)Tentative Parcel Map
No. 97-185 Applicant:
Chatham Health,
LLC ACTION: Approved.3.20
RESOLUTION NO. 9016 A Resolution of the City Council of the City of Orange upholding
the recommendation of the Planning Commission of the City of Orange and granting a conditional
use permit to allow the construction and operation of an acute care hospital and to allow
shared use of parking upon property located on the east side of Tustin Street, 400 feet
south of Palmyra Avenue, addressed as 395 South Tustin Street. (
C3300.0 CUP-2197-97)
Conditional Use Permit No.
2197-97
Applicant: Chatham Health, LLC ACTION:
Approved.3.21 RESOLUTION NO. 9017 A Resolution of the City Council of the City
of Orange upholding the recommendation of the Planning Commission of the City of Orange and
approving a Minor Site Plan Review to create a lot without direct access to a public street
upon property located on the east side of Tustin Street, 400 feet south of Palmyra
Avenue, addressed as 395 South Tustin Street. (
C2500.G.2.0.1
SPR-46-97)Minor
Site Plan
Review 46-97
Applicant: Chatham Health,
LLC ACTION: Approved.MOTION - Murphy SECOND - Slater AYES -
Murphy, Slater,
CITY COUNCIL MINUTES September 22, 1998
3. CONSENT CALENDAR (Continued)
Item Nos. 3.5 and 3.7 were removed and heard separately. Councilman Spurgeon
abstained on Item Nos. 3.3 and 3.16. The remainder of the Consent Calendar was
approved as recommended.
END OF CONSENT CALENDAR
4.
5.
REPORTS FROM MAYOR COONTZ - None REPORTS
FROM COUNCILMEMBERS Tape 1592 Councilman
Spurgeon reported on his recent trip to Washington D. C.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7.ADMINISTRATIVE
REPORTS Tape 1663 7.1
Treasurer's Report for the period ending August 31, 1998. (C2500.F)The City
Treasurer presented the report.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to receive and file.
8. REPORTS FROM CITY MANAGER -
None 9.LEGAL AFFAIRS Tape 1736 9.
1 ORDINANCE NO. 17-98
An Ordinance of the City
Council of the City of Orange amending Title 17 of the Orange Municipal Code and approving the
reclassification of property located on the north side of Sycamore Avenue, 50 feet east
of Glassell Street, addressed as 121 and 123 East Sycamore, from R2-6 to C-1. (
Z1500.0 ZCG-1188-97)Zone
Change 1188-97; Applicant: Chapman University
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 17-98 be read by title only and same was set for second reading by the preceding
vote.PAGE 11
CITY COUNCIL MINUTES September 22, 1998
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 18-
98 An Ordinance of the City Council of the City of Orange amending Section 17.06.030 of
the Orange Municipal Code and approving the pre-zone classification to C-1
of property located along the northerly property line of those properties in the City of Orange on the
north side of Chapman A venue between Earlham and Hewes, parallel to and between Chapman
Avenue in the City of Orange and Pearl Street in the County of Orange. (
Z1500.0 PZC-
1189-97)Pre-Zone Change 1189-97 Applicant: City of Orange on behalf
of William Mattern, Reynaldo Lozano,
Larry Malone,Harvey
Moreno and Margery
Bassett MOTION - Alvarez SECOND - Murphy AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 18-98 be read by title only and same was
set for second
reading by the preceding vote.
9.3 ORDINANCE NO. 20-98 An Ordinance of the City Council of the City of Orange
amending Title 17 of the Orange Municipal Code and approving the reclassification of property located
on the east side of Tustin Street, 400 feet south of Palmyra Avenue, addressed as 395 South
Tustin Street, from
R-3 to
C-1.Z1500.0
ZCG-1193-97)
Zone Change 1193-
97 Applicant: Chatham Health, LLC MOTION - Alvarez SECOND -
Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 20-98 be read by title
only and same
was set for second reading by the preceding vote.10.
RECESS TO
CITY COUNCIL MINUTES September 22, 1998
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:31 p.m. to a Closed Session for the following purpose:
a. Conference with Legal Counsel - anticipated litigation.Significant
exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential
cases). Contract with ORRS 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 1910 Barbara
DeNiro, (address on file), expressed appreciation to the City Manager and City Attorney for
providing written responses to her questions. Are redevelopment and paramedic transport services
billing audited? The row of houses on the south side of Heim, east of Canal, between Canal
and Tustin are an eyesore. Concern was expressed with the Plaza restoration project; 20 outside
storage units on the parking and loading area of Walmart; and a recent article in the Orange
City News about a Planning Commissioner.The
City Manager responded an audit of paramedic services and redevelopment will be addressed
by the Internal Auditor. The Director of Community Development indicated all of the houses
on Heim and Canal, except one, are under the same ownership. Staff is currently talking with
someone interested in redeveloping the property. Staff will respond to any nuisance that exists.
Mayor pro tern Slater commented the newspaper article was to infer that the commissioner
went above and beyond her call of duty as a commissioner.Elizabeth
Ann, 201 W. Collins, asked if there is some program going on in the community relative
to who is good enough to live at Carriage Mobile Estates? The City Manager indicated one
of his assistants would discuss Ms. Ann's issues of concern with her and follow up on them.Carole
Walters, (address on file), expressed concern with the asbestos removal from the City Hall
administration building. Was a permit taken out? The Director of Community Development
indicated he would get back with Ms. Walters and confirm whether there were permits,
and provide Council with a copy.PAGE
13
CITY COUNCIL MINUTES September 22, 1998
13.PUBLIC HEARINGS Tape 2429
13.1 1998 REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH
GOALS.
Time set for a public hearing on petition by the City of Orange to consider a report on Water
Quality relative to Public Health Goals. The report discusses the conformance of the City of
Orange water system to the various public health goals established by the California Department
of Health Services for drinking water systems. (C2500.P)
The California Health and Safety code stipulates that the governing board or council of each
affected public water agency shall hold a public hearing for the purpose of accepting and
responding to public comment on their report.
The Director of Public Works reported it is generally recognized that an occasional positive
bacteriological sample is not unusual, and that on a practical basis there is no specific action that
could be taken to ensure that there would never be a positive sample. Therefore, no
recommendations relative to the 0% bacteriological PHG are proposed.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the 1998 Report on Water Quality Relative to Public Health Goals.13.2 CONDITIONAL
USE PERMIT NO. 2232-98, HOWARD MORGAN:Tape 2560 Time set
for a public hearing on petition by Howard Morgan to consider Conditional Use Permit 2232-98
to allow the construction of an accessory second unit on a lot currently developed with a single
family residence located at 835 North Lincoln Street. (C3300.0 CUP-2232-
98)The Director of Community Development reported the property is approximately 12,600
square feet and zoned R.1-6, (Single-Family Residential), currently occupied by
a single family residence. Similar zoning exists on properties to the north, south and west.
Behind the property to the east is zoned R-3 and occupied by a church. The proposal is for a
616 square foot unit,located on the second floor, behind the existing garage, and above a new
storage room area. An additional parking space is added to the property north of the
existing home. Exhibits were presented which illustrated the site plan, floor plan, and building
elevations. All standards for the
proposal were complied with.Mayor pro tern Slater asked for confirmation that the additional storage
space exceeds 641 square feet and that City requirements were met on the 6 foot wall in the front of
the property and the circular driveway. Does the ordinance on granny flats allow the unit to be
one story? If the applicant desired, could the accessory unit be put on the first floor?
Concern was expressed that a precedence is being set in a
one story
CITY COUNCIL MINUTES September 22, 1998
13. PUBLIC HEARINGS (Continued)
The Director of Community Development confirmed the additional storage space exceeds 641
square feet. The applicant is doing remodeling of the existing home. The structure is a distance
back from the street. The wall is 20 feet back from the street and complies with the City's
ordinance. The accessory second unit ordinance does not state whether the separate living unit
has to be on a first or second floor.
In response to Councilman Alvarez, the Director of Community Development indicated he is not
aware of any other granny units within a close proximity. The City is required to accept these
kinds of units under specific State regulations.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Howard Morgan, 835 N. Lincoln, spoke in support. A boat will be kept in the storage area under
the granny unit.
Mayor pro tern Slater asked if thought was given to having it one story? Mr. Morgan explained
if the unit were built on the first floor, there would be no storage space for the boat and a
workshop he is building.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved 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,
Mayor Coontz, Spurgeon,
Alvarez NOES - Slater Moved to approve Conditional
Use Permit No.
2232-98 as outlined in Planning Commission Resolution No. PC-55-98.Mayor
pro tem Slater
explained the reason he could not support the motion is that he feels two-story homes and structures
in a predominantly one story neighborhood has an impact on the neighborhood and immediately impacts
the neighbors adjacent to it.Councilman Spurgeon commented he
has a problem with boats and recreational vehicles being stored in front yards
and driveways, and would prefer they be stored out of public view.PAGE 15
CITY COUNCIL MINUTES September 22, 1998
13. PUBLIC HEARINGS (Continued)
Mayor Coontz commented a lot has to do with the architectural elements of the homes in the
neighborhood when they were built.
13.3 TENTATIVE TRACT MAP 15548, MINOR SITE PLAN REVIEW 55-98,
ROCK CREEK RANCH - BEAZER HOMES: Tape 3093
Time set for a public hearing on petition by Beazer Homes to consider Tentative Tract Map
15548 and Minor Site Plan Review 55-98 to develop 5.5 acres with 66 townhouses and to
create lots without direct access to public streets upon property located on the southwest corner
of Walnut Avenue and Prospect Street. (T4000.0
TRT-15548)The Director of Community Development reported the property is zoned
R-3 (Multiple-Family Residential) and shown on the City's General Plan as
Low-Medium Density Residential, which allows six to fifteen dwelling units per acre. The property is
surrounded by residential uses on the north and east, prior developments of the Beazer project.
There is R-O (Recreational Open Space) zoning to the south. The City is in the process
of discussing with Beazer Homes the possible acquisition ofthe R-O (Recreational Open Space) area to
the south for a public park. To the west is SG (Sand and Gravel) zoning. The 66
attached townhouses would range from 1,350 to 1,750 square feet. All homes would be located on a
private street system, 28 feet in width.The development would be in a gated community.
Parking would include two garage spaces for each unit, plus 20 guest spaces, which exceeds
the City ordinance by approximately 8 spaces.James O'Malley, 1100 Town and Country
Road, commented Beazer Homes concurs with the conditions of approval set by the
Planning Commission.
More detailed graphics were presented to
Council.MAYOR COONTZ OPENED THE PUBLIC HEARING.Betty Jensen, 3721 E. Spring Street, expressed opposition
to the development because of the lack of parks in the area. The City Manager responded
the City is currently discussing with Beazer Homes what the costs might be to develop and mitigate the
15-16 acre site into an
active park site for soccer and other sports.Kathy Stone, 3735 E. Spring Street, expressed
concern with the entrance onto
Prospect. Can the traffic go out onto Walnut?Phyllis A. Karparian, 590
N. La Nae Street, expressed concerns with traffic.Corinne Schreck, 446 N. James, asked if the City
could have a condition that the proposed land for a park site be surveyed properly so it can
be a park, before building permits are issued?Mayor Coontz responded one plan is not
contingent on
CITY COUNCIL MINUTES September 22, 1998
13. PUBLIC HEARINGS (Continued)
the plan for the subdivision and tract are separate issues. Beazer Homes came to the City for
discussion regarding a potential park site, knowing it was of great concern to Council to acquire
property for that purpose. There are a lot of mitigation issues tied to the site, and it is not yet
known what the costs would be.
REBUTTAL
James O'Malley commented Beazer Homes will continue working with the City on the analysis
regarding the feasibility of a park.
In response to traffic concerns raised, Joe Foust, Austin Foust Associates, explained there is not
enough space on Walnut for a driveway and left turn into the driveway. As a result, the entrance
was moved as far south on Prospect as the property will allow, and extensive designs were done
to ensure the site distance and safety. Approximately one car every two minutes would enter or
exit the driveway.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the
project is categorically exempt from the proVISIons of the California Environmental Quality act
per State CEQA Guidelines Section 15303.MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to approve Tentative Tract Map
15548 and Minor Site Plan Review 55-98 as outlined in Planning Commission Resolution No. PC-
58-98.13.4 ORDINANCE
NO. 19-98 Tape 3725 Time set
for a public hearing to consider Ordinance 19-98 amending Sections 10.18.010 and 10.
42.020 of Chapter 10 of the Orange Municipal Code to allow Orange Police Department to enforce
traffic laws within private property areas of The Block at Orange and Century Promenade
developments. (A2500.0 Parking)Pursuant
to California Vehicle Code Sections 21107.6 and 21107.8 the City may declare that certain
private roads are subject to the California Vehicle Code. This Ordinance would allow the Orange
Police Department to enforce traffic laws on the private roads within The Block at Orange
and Century Promenade developments and promote citizen safety.PAGE
17
CITY COUNCIL MINUTES September 22, 1998
13. PUBLIC HEARINGS (Continued)
The City Attorney explained the Ordinance allows the Orange Police Department to enforce
California Vehicle traffic laws at the Promenade site and at The Block at Orange, describes the
areas, and includes a map of streets that can be enforced. A public hearing is required under the
Vehicle Code.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 19-
98 An Ordinance of the City Council of the City of Orange amending Sections 10.18.010
and10.42.020 of the Orange Municipal Code relating to enforcement of the California Vehicle
Code in off-street
parking lots.MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 19-98 be read by title only and same was set for second reading by
the preceding vote.
14.PLANNING AND ENVIRONMENT Tape 3830
14.1 Report from Director of Community Development on land use alternatives for East
Culver Avenue. (A4000.0 APP-
442)The Director of Community Development reported on June 9, 1998, Council asked staff
to prepare a report on zoning alternatives for East Culver Avenue between Shaffer and
Cambridge.The request was made as a result of community concerns. Staff understands the concerns to
be as
follows:Current R-2-6 zone allows too much density because of parcel sizes, i.e. 20,000-
40,000 sq. ft.allowing
6 to 12 units.Development standards (floor area ratio, setbacks, etc.) which regulate
the intensity of a project may work for the typical 6,000 square foot, R-2-6, lot in
Old Towne but do not work for these large lots which are 3 to 5 times larger
than the typical 6,000 lot.Old Towne Design Standards (OTDS) are
not specific enough and, therefore, project applicants, the community and
the decision-makers struggle with their application.Zoning regulation for this block requires
a simultaneous understanding of the base R-2-6 zone, Old Towne Design
Standards and the 1993 zone change
mitigation measure; again causing a difficult decision making process.Existing zoning on the block
is R-2-6. The development is regulated by R-2-6 zoning,
application of
CITY COUNCIL MINUTES September 22, 1998
14. PLANNING AND ENVIRONMENT (Continued)
regulation needs to be complied with by any individual proposal which would occur on the
street. The R-2-6 zoning is the traditional duplex zone; it allows one unit per every 3,
000 square feet. It also applies a number of other density and quantifiable development standards
for the zoning implementation. The Old Town Design Standards are aesthetic controls on
bulk and mass, intensity of development, materials, and design issues. Mitigation measures
adopted in 1993, along with the zone change to R-2, require a further emphasis on the Council'
s desire to maintain a single-family scale for the street. Six options were
identified
in the Options Matrix:
Option 1: R-1-6 Zoning Option 2: R-2-
6 Zoning with 2 Unit Limit Per Lot Option 3: R-
2-6 Zoning Overlay
with 5pecial Standards - R-
2-6 (55).Option 4: R-2-7 Zoning Option
5: R-2-8 Zoning
Option 6: Amend the OTD5 to make them more specific.Opt;on A: Interim Ordinance Min. Lot
Size: 6,000 6,000 6,000 6,000 7,000 8,000 N/A Min. Lot Area per Unit (sq.
ft.): 3,000 6,000 3,000 3,000 3,500 4,000 N/A Max. Number of Units per Study Area.": 112 -
127 29 - 63" 58 - 127 112-127 93 -106 79 - 95 N/A Max. Density Per Acre: -14 du/ac -7 du/ac -14
du/ac -14 du/ac -12 du/ac -10 du/ac N/A FAR (intensity): 0.7 .
6/.51.4" 0.7 0.45 0.7 0.7 N/A Min. Separation Between
Structures....: 6ft. 6 ft. 6ft. 15 ft. 6 ft. 8ft. N/AMin. Useable OpenSpace Required: 350 sf./unit900 sf./unit
350 sf./unit 400 sf./unit 350 sfJunit 350 sf./unit N/A Min. Useable Open Space per Study Area: 44,450 sf. 56,700 sf. 44,
450 sf. 38,000 sf. 37,600 sf. 33,250 sf. N/A Max. Number of Units per Structure:
By Lot Size 2 2 By Lot Size By Lot Size N/A Reduction in Unit Density
from: 73/50 47/0 0/0 15/15 27/25
N/A Reduction in FAR Intensity: 14 0 21 0 0 N/A Reduction in Min. Useable
Open Space: <27.55> 0 14.51 14.96 25.
19 N/A G.P. Amendment Needed? Yes No
No Yes Yes No Zone Change Needed? Yes Yes Yes Yes Yes
No O.T.D.S. Change Needed? Maybe Maybe No Maybe Maybe
Yes Will it Streamline/Simplify Review Process? Same No Yes Same Same
No Will it Create
New/Additional Standards? No Yes Yes No No Yes Not including "granny units"Based
on lots with: <10,000 sf./10,OOO-39,000 sf, / >40,000 sf.Min.
based on existing parcel sizes; Max. based on survey area size / minimum lot area.Based
on two - four primary structures, as per
section 17.14.120 of OMC.
Density = The ratio of units
to area.Intensity = Floor to Area
Ratio (FAR).StUdy Area Acreage = -
8.75
CITY COUNCIL MINUTES September 22, 1998
14. PLANNING AND ENVIRONMENT (Continued)
Each alternative would require that actions be taken after a public hearing of the Planning
Commission and City Council. Staff concluded that Option No.3, the R-2-6 zoning
with an overlay zone best provides the solution that appears to be needed, defines the Council'
s direction,and simplifies the
existing regulations.
COUNCIL QUESTIONS:Mayor Coontz asked why the existing zoning and Option 3 equal the same number
of potential units? The Director of Community Development explained the lot area per unit
has been retained to be the same under this overlay. Any of the individual factors could
change and reduce or increase the number of overall units that would be allowed, depending
upon which combination
is used.Mayor pro tern Slater asked if combining Option 3 with the overlay and Option 5 with
the R-2-8 zoning would decrease the intensity as well as the density.
The Director of Community Development responded it could be done
and accomplish both things.Councilman Alvarez asked if granny units could be added as another
unit? The Director of Community Development explained granny units are allowed in the R-
1-6 zoning (Option 1). If the area were changed to single-family residential,
and each larger lot were divided into individual parcels, a single family residence and granny
flat could be placed on each lot.Mayor Coontz asked if Option 3 and Option 5
were combined, would the special standards in Option 3 be applicable to Option 5?
The Director of Community Development responded the same special standards could be used with Option 5
or they could be modified as
needed.Mayor Coontz recognized the following speakers:SPEAKING
IN FAVOR OF OPTION 1, R-
1-6 ZONING Bob Marone, 359
S. Pine Street Gary Elsey, 815
E. Culver Avenue Annee Chartier, 344
So. Pine Street Kim Shively, 367 S. Pine Street Martha Phelan, 375 S. Pine
Street, representing 233 individuals who
signed a petition regarding building on
East Culver properties.Patty Ricci, 618 E. Culver Avenue Joan Crawford, 394 S. Orange, asked for
an indefinite moratorium on all projects, not only future projects, but those projects in process in
the
area, until the ultimate and appropriate zoning is determined.Shannon Tucker, 556 E. Culver Avenue,
suggested a R-1-6 zone option with a more lenient overlay. Ms.
Tucker commented on the interim urgency measure recommended by staff. She indicated applications are pending, one is for
18 units
CITY COUNCIL MINUTES September 22, 1998
14. PLANNING AND ENVIRONMENT (Continued)
consolidation which would be 20 units on 2 ~ adjoining parcels. Justification was requested
from Councilmembers that do not support a moratorium. There is a clear argument a moratorium
was supported by the City Attorney and City Manager.
In response to Mayor Coontz, Ms. Tucker explained her suggested option would allow single-
family residences to be built under a special overlay with setbacks between buildings, but not
necessarily lot splits. People could have adjoining garages, but a single family character could
be kept with maybe a 1 ~ story adjoining garages, but not with the intensity of lots splits. A
single-family character could be kept with the ability to develop some of the rear
portions.The Director of Community Development indicated no applications other than Mr. Zehner'
s have been filed. However, there has been discussion with other property owners. There is
no recommendation by the staff for an interim
ordinance.Reasons for support of Option 1: Mistake made in 1993 should be corrected; density
and intensity; undesirable in neighborhood; divisiveness and problems between neighbors;
unfinished process; fees paid; confusion with process; parking problems; increase in demand for
City services; integrity of neighborhood; neighborhood preservation; quality of life,
inconsistencies on E.
Culver.Mattie Link, 801 E. Culver Avenue, spoke in opposition to Mr. Zehner's proposed
project.Barbara DeNiro, (address on
file)Dwain Raney, 368 S. Cambridge
Street SPEAKING IN FAVOR OF RETAINING EXISTING
ZONING Carole Walters, (address on file), asked how many applications have been submitted since
Mr.Zehner's? Why is development okay in other areas ofthe
City?Herb Reynolds, 816 E. Culver Avenue, asked why he received such a short notice of
this meeting? The Director of Community Development responded the notice was mailed out
on Wednesday, September 16th and was done as a courtesy to the
neighbors.Linda and Mark Keller, 632 E. Culver
Avenue Eileen Hertfelder, 720 E. Culver
Avenue Carl Harnack, 546 E. Culver
Avenue Ralph Zehner, 630 E. Culver, presented Council with a map of Old Towne Orange
and referenced mistakes in the staff
report.W. L. Chambers, (no address given), letter read into the
record.Darlene Beer, 642 E. Culver Avenue, letter read into the
record.Reasons to retain existing zoning: Property rights; development would not be visible from
the
street.PAGE
CITY COUNCIL MINUTES September 22, 1998
14. PLANNING AND ENVIRONMENT (Continued)
COUNCIL DISCUSSION:
Mayor Coontz commented that regardless of what was done in 1993, concern was expressed for
neighborhood preservation. It is extremely difficult for anyone to look at the R-2-6
zoning, the Old Towne Design Guidelines, and the intent of the Council at the same time, and
figure out what they are supposed to come up with on the south side of Culver Avenue. What
are some proposals for the use of the overlay
into R-2-6?The Director of Community Development responded reducing the floor area
ratio was looked at as an added development standard in the overlay in Option 3. The
minimum useable open space required is increasedfrom 350 sq. ft.lunitto 400 sq. ft.lunit. There is
no maximum number of units per structure under the existing R-2-6 zoning. Option 3
proposes a maximum of two units for any individual structure. For example, the same ten units on a
piece of property would be in five separate buildings, trying to keep the scale and character of
the buildings
at a more single-family character.Councilman Alvarez asked what can be done to
prevent lot consolidation? The Director of Community Development responded, although not traditionally
done, a maximum lot size could be put on the area, if Council desires. As an example,
if there was concern of substantial consolidation of three or four parcels on the street to collectively have
a two acre parcel and a possible large development, a
maximum lot area could be established.Mayor pro tern Slater commented his preference would be the entire
block be zoned back to R-1-6. His second choice would be a combination of Options 3 and
5 which would put an overlay on and reduce the density slightly. Old Towne
is very unique area and deserves protection.Mayor
pro tern Slater
gave the following
motion:MOTION - Slater SECOND - Alvarez Moved to direct staff to begin discussion with the
community and prepare the necessary documents and/or ordinances to implement Option 1 on parcels on the
south side of E. Culver between
Cambridge Street and Shaffer Street.Council discussion ensued relative to the zoning, lot design, lot
consolidation, and other issues of concern. Councilman Murphy noted there was a motion and a
second on the floor. Councilman Spurgeon indicated he understands if a substitute motion is made,
it would take precedence over the original motion. He asked the City Attorney if that was
correct? The City Attorney replied,If
there is
CITY COUNCIL MINUTES September 22, 1998
14. PLANNING AND ENVIRONMENT (Continued)
Mayor Coontz expressed concern that more than one option needs to be looked at.
Mayor pro tern Slater commented he still wanted a vote on his original motion. He asked the
City Attorney if it was correct that the current application is separate and does not have any
impact on this discussion. The City Attorney responded from a legal standpoint, that would be
correct. Mayor pro tem Slater further commented if there is going to be a substitute motion, it
should also include a combination with Option 5 which would somewhat reduce the density
which would not be done with Option 3 alone.
Council discussion ensued relative to Option 3. Concern was expressed with the lack of clarity if
a new application were submitted for the south side of Culver Avenue, regardless of what the
zoning designation is.
Mayor Coontz commented the existing density is too high. However, it would not be acceptable
to go back to R-1-6 and have granny units. Options 3 and 5 have both been
proposed
with overlays.Councilman Alvarez suggested since the vote at this time is to direct staff, why not also
vote on directing staff to evaluate Option I? Why not direct staff to look at Options 3 and I?
A motion and a second has been made on Option 1 from Mayor pro tern Slater.
Councilman Murphy indicated Mayor pro tern Slater's motion had already been replaced. Councilman
Spurgeon said he requested clarification from the City Attorney who confirmed if a substitute motion
came on,it would take priority over the existing motion. The City Attorney responded: "Yes,
Mayor and Members, that is correct. It does not preclude Councilman Alvarez from still suggesting
an idea on both Options 3
and 1."
SUBSTITUTE MOTION MOTION -
Murphy SECOND - Spurgeon
AYES - Murphy, Spurgeon, Alvarez NOES -
Slater, Coontz Moved to
direct staff to begin discussions with the community and prepare necessary documents to implement
Option 3 establishing an overlay, and that it be brought back for discussion after the application
currently in process on East Culver is decided, either in concert with, or after.In response
to Mayor Coontz, Councilman Murphy indicated he did not have any specific guidelines other
than those recommended in Option 3. Additional requirements could be added at the
time it is brought back. At this time, direction is only being given to staff.PAGE 23
CITY COUNCIL MINUTES September 22, 1998
14. PLANNING AND ENVIRONMENT (Continued)
Brief discussion ensued as to whether another motion could be made. The City Attorney
commented: "Just so I can clarify the situation. All Council is doing at this time is giving
direction to staff. So, now staff has one direction. If the other Councilmembers want to suggest
additional direction, that would certainly be fine."
Mayor Coontz commented on the need to look at each property and the location of the units. It
was requested that model site plan work be done on the south side of Culver Avenue. When an
individual comes in with an application, the lots would be lined up, like a neighborhood within a
neighborhood. This would not include the Zehner property. It may help to see the physical
result of the decisions that are made and the experience on the Zehner property. The reason for
the site plan study is that it is the only physical example of proposed changes for Culver Avenue.
It will help in the decision making process.
Mayor Coontz clarified that her interest is for site plan work to be done. The Director of
Community Development indicated site plan work would take at least 60 to 90 days to complete,
which would provide the ability to visualize the south side of Culver Avenue from above.
Mayor pro tern Slater added that consideration be given for lot consolidation. It was requested
that Option 1 with some type of overlay also be considered. Mayor Coontz expressed concern
that R-1-6 zoning allows the ability for a
granny unit.MOTION -
Slater SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES -
Alvarez Moved that
staff come back with Option 5, a combination of Options 3 and 5, with consideration being given
for lot consolidation, and a provision for a footprint, what is existing, as well as what could be
allowed under these options - Current, R-2-6 plus Option 3 with the overlay, and Option 5 (
R-2-8) with the
overlay.MOTION - Alvarez
SECOND - Slater AYES -
Slater, Alvarez NOES - Murphy,
Coontz, Spurgeon Moved to direct
staff to include Option 1 with the granny pad and the overlay.MOTION FAILED PAGE
24
CITY COUNCIL MINUTES September 22, 1998
14. PLANNING AND ENVIRONMENT (Continued)
The Director of Community Development requested clarification on the lot consolidation
questions. Mayor Coontz responded they do not want a study on lot consolidation. In response
to Mayor Coontz, the Director of Community Development confirmed Council's desire is for
staff to 1) begin discussion with the community; 2) begin documentation, in terms of putting it
into Ordinance form, three options: a) to give an idea of what the existing R-2-6
zoning will allow in terms of a site planning perspective; b) look at Option 3 which includes
R-2-6 zoning overlay with special standards; and c) look at the R-2-8
with some special standards as an overlay. Staff to report back to
Council in
60 to 90 days.
15. ADJOURNMENT MOTION -
Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez The City Council adjourned at 9:
43
p.m.CUMf~~~
CASSANDRA . ATHCART,
CMC CITY