12-09-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 13, 1998
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
December 9, 1997
The City Council of the City of Orange, California convened on December 9, 1997 at 4:30 P.M.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz
announced the Tree Lighting Ceremony was held on Sunday, December 7th. Recognition
was given to the Community Services Department, Orange High School Marine Corp.
JROTC, choirs from Orange Community Chorus, Orange High School, and the First
United Methodist Church for providing accommodations due to the rain.The City
Manager announced the Employee Recognition Service Awards will be presented at
the January 13, 1998 meeting.The City
Manager read a letter of congratulations received from the Governor's Office of Emergency Services,
Fire and Rescue Branch, Urban Search and Rescue Program, in recognition of
the Fire Department qualifying as an ICS 120-1 US&R Medium Rescue Department. (
C2500.H)NOTE:
Due to requests received to move Oral Presentations to the beginning of the meeting,
Council concurred to hear Oral Presentations at this time. (See Page 21).1.
4 PROCLAMATIONS - None 2.CONSENT
CALENDAR Tape 1120 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of December 9, 1997 at Orange Civic Center, Main Library,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 1
I P
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CITY COUNCIL MINUTES December 9, 1997
2. CONSENT CALENDAR (Continued)
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
2.2 Request Council confirmation of warrant registers dated November 20 and 26, 1997.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Special Meeting, November 19, 1997 and
Regular Meeting, November 25, 1997.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
2.5 Request Council approve First Amendment to Agreement between City of Orange and
Scott, Reilly and Whitehead for personnel legal services for an additional $15,000 and a
totalof$45,000. (A2100.0 AGR-2926.
l)FISCAL IMPACT: Sufficient funds are available in Account No.
100-0301-426100-9865 (Personnel Legal Services) to pay for
the additional fees.Discussion: Carole Walters, 534 N. Shaffer, asked if the City is paying for
Lou Walsh's attorney; expressed concern with the amount of money that has or will
be spent for attorney fees on the Police Chief investigation; and asked if
residents could obtain information on how much is paid out for attorney fees
on different cases.The City Attorney responded the monies will pay the attorney fees
for the individual conducting the investigation and indicated no attorney fees are being
paid for Captain Walsh. Mr. DeBerry reported on
the Medix lawsuit.City Manager Rudat indicated the City could provide Ms. Walters with
an updated report
on attorney fees.Mara Brandman, 7319 Equitation, requested an accounting from the
City Attorney's office on how much is being spent on the Police Chief investigation; and
asked what is
happening with it?The City Attorney explained that approximately $60,000 has
been spent. The amendment will raise the total amount budgeted for the investigation
to $75,
000.PAGE 2
CITY COUNCIL MINUTES December 9, 1997
2. CONSENT CALENDAR (Continued)
In response to Ms. Brandman, and with the concurrence of Council, the City Attorney
addressed the following issue as an off-agenda item, and indicated he doubted the
report would ever be made public. The report contains allegations made against officers
other than the Police Chief. Those employees and their legal representatives have never
come before the Council and made public statements. The only exception provided in the
law for the City to make personnel reports public is when the Police Chief or the
Police Chiefs designated representative makes public comments which the City believes
are false. Ifthe other employees involved and/or their attorneys never make
public comments, the City cannot release the report because it addresses other police
officers.Some aspects of the report could become public. From a legal standpoint, he
would never encourage the report to be made public, but understands the public interest
and Council interest. It was recommended never to publish anything in the report until
the Police Chief goes through the administrative grievance process, if that ever
becomes
necessary.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.
CLAIMS 2.6 CLAIMS FOR DAMAGES
FROM:a. Rita
Nardella b. Ablah
Nesheiwat c. Barry
Pasternack d. Albert and Suzanne
Sanchez e. Gloria
Stephenson ACTION: Denied claims for damages and referred to City Attorney and
Adjuster.C3200.
0)
CONTRACTS 2.7 Request Council award a contract to Geotechnical Consultants, Inc. in the amount
of 35,930.00 for hydrogeologic services for Well No. 25, Located at 1130 E.
Almond Avenue. (A2100.0
AGR-2953)FISCAL IMPACT: Funds in the amount of $35,930.00 are budgeted in
Account No.601-8011-
484101-8117 (Well No. 25).ACTION: Authorized Mayor and City Clerk to
execute on
behalf
r-~~ ---~-~ - -
I i i CITY
COUNCIL
MINUTES
December 9, 1997 2. CONSENT CALENDAR (Continued)
2.8 Request Council
approve plans and specifications and for an emergency restoration contract for Mabury Creek
at the Inlet north of Mabury Ave. and the Outlet south of Serrano Ave. (S.P.
3211). (A2l00.0 AGR-2952)FISCAL IMPACT: $15,
000.00 is requested to be appropriated from the 530 Drainage Funds for this
project.ACTION: Declared the
City of Orange's portions of work as emergency repairs;approved plans and
specifications and authorized waiver of competitive bidding procedures; awarded a
contract to Brongo Construction Co. in the amount of$9,832.00 and authorized Mayor
and City Clerk to execute on behalf of the City; and transferred 15,000.00
from Fund 530 to Account No. 530-5011-483400-5384, Drainage
Improvements.
LOANS
2.9 Request Council authorize the payment of interest subsidy for the Low Interest Loan
Program not to exceed $2,663.02 for Case #636. (C2500.G.l.l)
FISCAL IMPACT: Sufficient funds are available in the Low Interest Loan Fund 316 and
will be recorded under Account No. 316-
6054-434203.
ACTION: Approved.
PARKING PERMITS 2.10 Request Council approve NO FEE parking permits in municipal parking lot
for the Assistance League of Orange (10), and First United Methodist Church (2) and
review this waiver annually. (S4000.S.3.
1.2)FISCAL IMPACT: Lossof $1,440 annual parking
permit fees.Discussion: Carole Walters, 534 N. Shaffer, asked why permit fee waivers
cannot be given to other people in the community who have difficulty paying
the fee.The City Manager explained the parking permit fee waiver has been approved in
the past for
non-profit
organizations.ACTION:
CITY COUNCIL MINUTES December 9, 1997
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.11 RESOLUTION NO. 8852
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 97-7 adjusting lot lines of certain real property situated at 770 and 800 N.
Eckhoff Street in the City of Orange, County of Orange, State of California. (C2500.M.16.
1
LLA-97-7)Owner: Ernest F. Eckhoff and
Plaza Atrium,
Inc.ACTION: Approved.2.12
RESOLUTION NO. 8851 A Resolution of the City Council of the City of Orange applicable
to the Christmas Holiday for the calendar year 1997 granting an additional one-half day
of holiday time on December 31, 1997, to all employees other than certain
safety employees with these safety employees receiving certain in lieu holiday
leave. (C2500.
J.4)ACTION: Approved.2.
13 RESOLUTION NO. 8857 A Resolution of the City Council of the City of Orange
finally accepting the completion ofa certain public work and improvement; Bid No. 978-05; S.
P. 3208; Kalban Inc.; ADA Bus Stop Improvements at
various locations. (
A2100.0 AGR-2892)ACTION:
Approved.RESPONSE TO GRAND JURY REPORT 2.14 Request Council approve responses to
the 1996-97 Grand Jury Findings and Recommendationsregarding
traffic signal preemption. (
S4000.S.3.3)FISCAL IMPACT: None.NOTE: Mark Levy, 1900 W. Katella Avenue
was provided a
copy ofthe agenda report on this item.ACTION: Approved the submitted
responses and authorized the City Manager to forward copies of the responses to the Foreman
ofthe Grand Jury and
the Presiding
Judge
CITY COUNCIL MINUTES December 9, 1997
2. CONSENT CALENDAR (Continued)
WATER DISTRICT CONSOLIDATION
2.15 Proposed policy concerning water district consolidation. (OC1300.G)
FISCAL IMPACT: None.
ACTION: Received and filed the December 9, 1997 memo to the Council regarding
water district consolidation and directed staff to prepare a resolution for Council
incorporating the recommended policy objectives.
2.16 RESOLUTION NO. 8858
A Resolution of the City Council of the City of Orange expressing appreciation to
Richard "Dick" Dittberner of the Orange Fire Department and commending him for more
than thirty years of loyal and dedicated service. (C2500.H)
MOTION - Slater SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The Consent Calendar
was approved as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS Tape 1420 5.1 Reappoint Marcia Salley
to the Community Video Advisory Board (term to expire November 30,1999). (OR1800.0.
28)MOTION - Spurgeon SECOND - MurphyAYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
Moved to approve.6.REPORTS FROM CITY MANAGER
Tape 1433 6.
1 Report on Wymer Funds. (C2500.F)
The City Manager reported the agenda report covers
issues relating to the net proceeds from the Refco decision and not Wymer monies that have
come in over a period of time.PAGE 6 r
CITY COUNCIL MINUTES December 9, 1997
6. REPORTS FROM CITY MANAGER (Continued)
The Finance Director reported the original Wymer loss was applied to 22 different funds. The
General Fund and the General Capital Project Funds were charged with 53.26% of the original
write-off. The 46% balance of the loss was applied to 20 other restricted funds, including
water,sanitation, drainage and developer impact fees. The significant amount of Wymer funds
were distributed according to the original write-off percentages. The General Fund
and General Capital Project Funds are the only two non-restricted funds where the monies can
be used for general municipal purposes, which combined received $2,283,710 this fiscal
year from the distribution. Projects recommended for consideration for the potential use
of
these funds include:Purchase of the Bank of America site (land acquisition for the site of the
new library). The recommended amount
is $860,000.Library rehabilitation or new construction in the amount
of $900,000.New Recreational/Community Facility (Land Acquisition) in the amount
of$523,710.Mayor Coontz requested an explanation of the phrase "Informational
and conceptual approval only" as noted under Authorization/Guidelines on the agenda report.
The City Manager explained that Council accepting the report does not mean that Council
concurs with the recommendations. Action on any item would be agendized
for Council approval.Barbara DeNiro, (address on file), expressed confusion with the figures outlined
in Attachment A ofthe agenda report; asked how much the original Wymer loss was; commented
on the amount for library funding; and asked if there will be demolition at the Bank
of America site.The City Manager responded Council has not yet addressed the Bank of America
site item listed on the agenda. Monies need to go back into the funds that were originally
established to invest in the Wymer investment. The Finance Director explained the original write-off
is $6.9 million.The Wymer loss recoveries were the funds received this fiscal year. The
net recovery (net of attorneys' contingency fees) was $3,816,388. Mayor Coontz suggested
Ms. DeNiro meet with the City Attorney or Finance Director to address any further
questions she may
have.MOTION - Spurgeon
SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to receive and
file.7.ADMINISTRATIVE REPORTS Tape
1838 7.1 Report from the Director of Economic Development regarding a loan in the
amount of $96,056 for the acquisition and rehabilitation of a three-unit apartment building
at 1837-1841 East Adams Avenue. (A2100.
0 AGR-2951)FISCAL IMPACT: Funds to be allocated to the following accounts
OHDC Adams Triplex:75,000 to 317-6057-
427700-1210-
19841; $21,
CITY COUNCIL MINUTES
December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
The Director of Economic Development reported the 3% loan amount was set on a
recommendation by staff and only applies in housing.
Mayor Coontz commented this is the first project ofthis type for East Adams. In response to
Mayor pro tern Slater, the Director of Economic Development reported there is in excess of$2
million balance in the Housing Set-Aside Funds ifthe project is approved, and a report on
the balance in the HOME Fund will be provided to Mayor pro tern
Salter.RESOLUTION NO.
8849 A Resolution of the City Council of the City of Orange approving a Rehabilitation
Loan Agreement by and between the City of Orange, the Orange Redevelopment Agency and
Orange Housing Development Corporation regarding 1837-1841 East Adams Avenue
and making
certain findings.MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Resolution No. 8849 as introduced, be adopted and same was passed and adopted by the
preceding vote.MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to approve an
appropriation of federal HOME Investment Partnerships Act funding in the amount of $96,056
for the project.7.2 Report from
the Director of Economic Development regarding the Mortgage Credit Certificate Program. (R3500.0)
The Director of Economic
Development explained the Mortgage Credit Certificate Program which allows qualified homeowners
to receive an extra tax benefit on their income taxes, making it possible for them
to buy a home. The City participated in this program last year and received 2 million.FISCAL IMPACT:
Appropriate Housing
Set-Aside funding of$15,000 for County Administration Costs and $
50,000 for refundable CDLAC deposit to Account No. 921-9809-486700-9104
MCC Program Administration Account.PAGE
8 11,[
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 8853
A Resolution of the City Council of the City of Orange approving the City's continued
participation with the County of Orange in a Mortgage Credit Certificate Program; authorizing
an application by the County on behalf of the City of Orange and/or the Orange Redevelopment
Agency to the California Debt Limit Allocation Committee for an allocation of authority to issue
Mortgage Credit Certificates for calendar year 1998 and the transfer of such allocation to the
County of Orange; and authorizing and directing the Orange Redevelopment Agency to
administer the City's responsibilities under the Program.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8853 as introduced, be adopted and same was passed and adopted by the preceding vote.
7.3 Report
from the Director of Economic Development regarding the purchase of the Bank of America
building in the amount of $860,000.FISCAL IMP ACT:
Funds in the amount of $860,000 are available in undesignated General Fund Reserves to
transfer to Fund 500 and appropriate to Account No. 500-1028-481102-9900
Capital Improvements, Land Acquisition, Library Renovation).
The Director of Economic Development presented the report, noting that due to the short time
frame required by Bank of America, staff was unable to complete due diligence on the property.
A structural engineer is looking at the property. The City Manager has the authority, per the
Resolution, to terminate the agreement if something shows up in the report that the City believes
could affect the value of the property. There has been discussion concerning the combining of
this property with the Library site to build a new library. In response to Councilman Spurgeon's
concern with short term usage of the building, the Director of Community/Library Services
indicated the building would be used to store books during the renovation of the Main
Library..
Mayor Coontz commented the City has been looking at the property for many years.
Barbara DeNiro, (address on file), suggested the City wait to make any decisions until the
Engineer's Report is completed.
PAGE 9
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CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 8854
A Resolution of the City Council of the City of Orange finding and determining that the public
interest, convenience and necessity require, and ordering, the acquisition for public purposes of
certain real property from BA Properties, Inc. and approving the terms and conditions and
authorizing the execution of a purchase and sale agreement and joint escrow instructions
therefor. (A2l00.0 AGR-
2950)MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Resolution No. 8854 as introduced, be adopted and same was passed and adopted by the preceding
vote.RESOLUTION NO.
8855 A Resolution
of the City Council of the City of Orange approving the terms and provisions and authorizing execution
of an automated teller machine facility lease with Bank of America National Trust
and Savings Association, as lessee. (A2100.0 AGR-2949)MOTION -
Murphy SECOND - Slater
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No.
8855 as introduced, be adopted and same was passed and adopted by the preceding vote.MOTION -
Murphy SECOND - Mayor
Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to approve the transfer of $860,
000 from undesignated general fund reserves to Fund 500 and appropriate to Account No. 500-1028-
481102-9900 (Capital Improvements, Land Acquisition, Library Renovation). NOTE:
There is a contingency based on the satisfactory completion and review of
the studies that are currently in process.7.4 Report from
theDirector of Public Works on a proposed Residential Neighborhood Traffic Management Program for
the City of Orange. (S4000.S.3)The Director of Public
Works explained the Residential Neighborhood Traffic Management Program is applicable only
to residential streets that meet certain criteria. The intent of the Program is to reduce
traffic speeds, divert any through traffic to the arterial street system that may be traveling through
residential neighborhoods, and enhance the livability of the neighborhood. Each request would
be considered on a case-by-case basis. Individual cases PAGE 10
If
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
would proceed through the Traffic Commission and to the City Council, as appropriate. It willbeproposedafterthefirstoftheyeartocontactresidentsintheareaonNorthShafferto
determine their interest level in the application of any of the proposed techniques.
Mayor pro tern Slater encouraged staff to consider the use of traffic circles whenever possible,based on their safety, effectiveness, and aesthetic appearance. Councilman Alvarez commented
on the importance of citizen participation and thresholds being met. Mayor Coontz commented
on the interest in the Neighborhood Traffic Watch.
Mark Levy, 1900 W. Katella, representing the Neighbors for Safety on Collins and Handy, askedwhatthethresholdsandparameterswillbeandiftheywouldbeprecludedfromthenewthresholds? Are there still options for Collins? It was recommended Council not approve the
report until the people affected have an opportunity to review it.
The Director of Public Works responded Collins is on the Master Plan of Arterial Highways andwouldnotbeeligibleundertheProgram. It is not believed that Handy is on the Master Plan ofArterialHighways, and ifit meets the parameters of the Program, it would be susceptible to themitigationmeasures. The Program does not preclude the activities of Mr. Levy's Ad HocCommitteeandprovidesmanyopportunitiestoresidentsinthecommunity.
Barbara DeNiro, (address on file), expressed concern with no presentation on the item; its
placement on the agenda; diverters, speed humps and neighborhood support. Ms. DeNiro askedwhatslowpointsareandsuggestedtheCouncilnotapprovetheProgramatthismeeting.
Councilman Murphy commented the option of speed humps was presented but it was neverintendedtobedonewithouttheconcurrenceoftheneighbors. The Director of Public Works
explained slow points are the installation of small islands in the middle of the roadway to narrowtravellanes.
RESOLUTION NO. 8823
A Resolution of the City Council ofthe City of Orange approving the Residential NeighborhoodTrafficManagementProgram.
MOTION - Alvarez SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8823 as introduced, be adopted and same was passed and adopted by the preceding vote.I iL Li
I PAGE 11
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
7.5 Report from the City Attorney concerning a request from McPherson Advisory
Council for payment of legal fees. (OR1800.0.10.2)
Mayor Coontz noted this request predates the finally accepted McPherson Agreement between
the City and the Orange Unified School District. The City Attorney reported it is his legal
opinion that this expenditure of funds is not allowed by the California Constitution.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny
the request.7.6 Report
from the Director of Community Development concerning nuisance abatement. (A2500.0
Nuisances, Abatement)The Chief Building
Official explained nuisance abatement is the maintenance of private property. Specific guidelines
are established in the Code which determine the conditions which constitute a nuisance
of land.ORDINANCE NO. 16-
97 An Ordinance
ofthe City Council of the City of Orange repealing Chapters 8.04 and 8.05 of the Orange Municipal
Code and replacing them with a new Chapter 8.04 relating to the City's Nuisance Abatement
Law.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Ordinance No. 16-
97 be read by title only and same was set for second reading by the preceding vote.7.
7 Request Council
approve Amendment No.1 to OCTA Agreement No. C-94-664 for reconstruction of
La Veta and Meats Avenue overcrossings and construction of KateUa Avenue on-
ramp and Chapman Avenue turn lane with State Route 55 Project relating to City
share of design and right-of-way acquisition cost. (A2l00.0 AGR-
2197.1)FISCAL IMPACT: Funding is available in the following
accounts: 284-5011-483300-3809 TSIP-B, Streets, Meats) $279,859
and 262-5011-483300-3818 (Measure M, Streets, Meats)9,247. Additional appropriation in
the amount of$365,000 to Account No. 284-5011-483300-3809
TSIP-B
Streets-
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
The Director of Public Works reported the amendment provides for additional design costs to
further widen the Meats bridge and for increased design costs. The total cost for the City's share
is approximately $5.5 million, including construction costs. In response to Councilman Alvarez,
it was explained the cost is for a ramp at Katella which would allow access via right turn from
westbound Katella to the northbound freeway. OCTA is handling the project.
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Amendment No.1 to OCTA Agreement No. C-94-664 for reconstruction of La
Vetaand Meats Avenue overcrossings and construction of Katella Avenue on-ramps and
Chapman Avenue turn lane with State Route 55 Project relating to City's share of design and
right of way acquisition costs.
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize
the Mayor and City Clerk to execute agreement on behalf of the City and approve the appropriation
as requested.MOTION - Mayor Coontz
SECOND - Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to appropriate funds in the
amount of$365,000 to Account No. 284-5011-483300-3809 from unallocated fund
balance in Fund 284 (TSIP-B).7.8
Request Council approve the site specific McPherson School Use Agreement between City
and Orange Unified School District. (A2100.0 AGR-2948)FISCAL
IMPACT: Funds are budgeted in the following accounts: Account No. 510-7021-
481103-0143 (Ball Field Relocation) $674,028; Account No. 510-7021-
485100-0143 (Ball Field Relocation) $485,962; and Account No.
500-7021-485100-
0143 (County Strawberry Fields)2,000,000.The Director of Community /Library Services presented
highlights of the terms and conditions of the McPherson Use Agreement as outlined in Attachment A
of the staff report and explained that at the end of the 30 year agreement, the City may
have the sole responsibility for the original amount of the "Strawberry Field" monies invested
in this project, if the School District should terminate the agreement. An Administrative Review is
to be held every 10 years. This agreement is in compliance with County
requirements
on the
expenditure
of
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz commented she and Councilman Alvarez met with the Orange Unified School
District (OUSD) and the Coordinating Council. The City of Orange has a tremendous reputation
for the operation ofthe fields and games it controls. The School District and the community will
be extremely pleased with the activity of the City of Orange Community Services Department
who are renowned for doing an excellent job.
Councilman Murphy requested clarification on the City's financial liability. The City Manager
explained at the end of 30 years OUSD has provided the City with the facility, fulfilled their
obligations, and the City would have no liability. Ifthe School District should decide to sell the
entire site, the City could locate another site, come up with the money from another source to
establish another recreation facility.
Barbara DeNiro, (address on file), expressed concern with taxpayers money being spent; the
impact of noise, parking, safety, and neighborhood tranquillity and preservation being interrupted
by neighborhood schools being turned into high activity athletic parks which impacts long-
time residents; suggested a part of Beazer Homes be used for a park; and expressed support of
the agreements 10 year administrative review. Ms. DeNiro also presumes there will be no use
of portable
toilets?Mayor Coontz commented high activity has gone on at the McPherson site for some time and
the City is acknowledging and improving that situation. The City Manager indicated it is not
the City's intent to have portable toilets at the site, however, no guarantee will be made. The
site does have a restroom facility incorporated into it. The City worked with the neighbors in
the study which involved a Negative Declaration
process.MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve the agreement between the City and the Orange Unified School District for the McPherson
Athletic Facility.MOTION - Spurgeon
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to authorize the Mayor
and City Clerk to execute the agreement on behalf ofthe City.7.9 Report from the
Director of Community Services on the Main Library Renovation continued from November 25,1997) (
C2500.I)The City Manager requesteddirection
from the City Council with the approval of the Bank of America building purchase (Agenda Item
No.7 .3). Funds in the amount of $1.2 million were appropriated inthe 1997-98
budget to improve the Main Library. The Bank of America building became available for purchase
as the Community Services Department was working with PAGE 14 Hi
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
Architect, Robert Coffee, on the design for the renovation of the Main Library. The Community
Services plan provides Council with three options; the most optimal alternative is above the $1.2
million approved last Spring. The City Manager provided copies of questions/direction to be
given to staff on the following:
1. How far to go with the renovation; focusing on ADA improvements, centralizing staff in the
public area, and addressing the basic electrical lighting, heating and air conditioning needs.
2. Information technology; cabling under the street, adding internet access, and buying ten
personal computers for the Information Technology Center (ITC) costing about $225,000.
Buying a new automated cataloguing system will cost approximately $450,000, and is
currently not budgeted. A basic technology component should be added to the renovation
plan.
3. Confirmation of direction from Council was requested and full support was encouraged for
staffto work with Doy Henley and others to set up a committee for a vision and preliminary
drawings for a new library. The City Manager indicated he leans towards going with the
cabling and setting up the ITC while the City holds on to the present system for a while
longer so that costs can be evaluated.
The Director of Community/Library Services commented on the Arroyo and Associates study
done last May, which reported the short-term solution for the library is operationally
obsolete and if Council deemed appropriate, a City Library Director position could be reestablished
to meet the operational demands in the near future. The City needs to provide a
comprehensive analysis on the viability and the activity of both branch facilities. It is estimated that a
new 60,000-75,000 sq. ft. library would cost approximately $
20 million.Mayor Coontz commented she has been in constant contact with Doy Henley,
Trustee of Chapman University, Randy Bosch, Chairman of the Library Foundation,
Carolyn Cavecche,Chairman of the Orange Public Library Board of Trustees, and the City Manager.
This is Council's first opportunity to thank staff, the Library Board of Trustees, and others
who have spent a great deal of time over the last few years addressing the modification issues needed
at the existing Main Library, including the necessary issues of public safety and space
allocation. This Council and the previous Council have been exceptionally interested in bringing
the library facilities and operations up-to-date focusing on a
vision for the future.A Library Foundation is now going through the process of obtaining
the necessary State and Federal approval for the non-profit foundation that will help to address not
only a new library, or additions to the present library, but also funding through the
years. Mayor Coontz indicated that she and others, over several years, have looked at the Bank of America
building as a potential for either expansion or inclusion in the building of a new Main Library.
In the middle of the architect's work on modifications to the existing Main Library, the
Bank of America closed. An intensive program began both internally and with the help of people
in the community who were extremely interested in securing that site. The architect's
modification proposals ran ahead ofthe very difficult process of working with a large institution to
interest them into securing the property, which
was not
an easy action.
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
There is a need to provide a vision for an expanded or new library that will serve not only the
present 133,000 in the City, but those to come. The Main Library was built in 1961. Randy
Bosch and Doy Henley came to Mayor Coontz and the other Council Members to offer their
services. The services of other technical experts will also be combined to create a new vision.
Bill Cathcart, a local landscape architect, has offered his donated service to the City. These
volunteers are already at work and have indicated they will address this in time for the January
27th meeting. This is the first time in the history of the library that there has been a Council that
is strongly behind a new library. The Library Foundation is only one of the activities that can be
pursued. The non-profits cannot be expected to fund this; the City should commit to this
through the Capital Improvement Program
budget.The City's valuable historical archives are kept in the basement of the Main Library and
have been unavailable to the public for years due to their location. The Community
Services Department has a fully improved basement and an elevator where the archives could
be permanently placed and accessed by the
public.Mayor pro tern Slater concurred with Mayor Coontz, stating the time has come for the Council
to make a firm commitment to build a new library. The consultant has said the City has
the smallest Main Library in Orange County and is obsolete by modern day standards. The
City Manager was asked if Proposal No.3 for $2.6 million ($1.4 million over what was budgeted)
is proposed to come from the Refco settlement? How does that compare with the $900,000
that was suggested to be put towards renovation or a new
facility?The City Manager responded some monies would come from Capital Funds but
generally General Fund monies. It is a matter of semantics whether it was the Refco settlement monies
or not. The City manager indicated that if Council were to make a motion to move forward
he would want to be involved in the process of outlining how the project would be
bid.Mayor pro tern Slater commented he would rather see emphasis placed on a new facility,
since the old facility is obsolete. He favors spending $1.2 as originally budgeted to bring the library
up to an operable level temporarily and spending the balance of$1.4 toward the Library
Foundation and a new facility. Information technology is important but should be included in the $1.
2 million. He spoke in favor of the City Manager working with as many people as possible in
the community and would like to see the item brought back at the next Council meeting with a
report on moving in that direction, plus some alternatives for spending a lesser amount, around the $1.
2 million originally budgeted, towards the renovation, or options along those
lines.Councilman Murphy commented that Council can set some policy direction now to allow
the staff not to loose more time, but also to incorporate the volunteer efforts ofthose that
have stepped forward. He concurred with the need to scale back from the full $2.6 recommended
and setting aside additional monies for the Library Foundation. Ifindividuals and entities are
going to be asked to show their support of large contributions, the City has to demonstrate
their willingness to invest. The safety and ADA requirements need to be accomplished in the
short-term. He would like to see the City continue with remapping of the floor to ensure
better PAGE
16
CITY COUNCIL MINUTES December 9,1997
7. ADMINISTRATIVE REPORTS (Continued)
utilization and allow staff better service to the library patrons. He would like to see appropriate
lighting conditions of the building addressed, as well as adequate availability of power for the
information technology information. The City needs to step forward on the information
technology front now, not so much from the business systems aspect, but more importantly to
provide the technology center to ensure the patrons have that opportunity at the library. It was
suggested that the automated cataloging system be considered later as a separate item. With
policy set along these lines, he is confident that the staff and volunteers will come back with a
creative solution that will ensure the enhancement of the current library as well as demonstrate
that the City has a vision for the future that addresses all the library needs in the next century.
Councilman Alvarez concurred with Councilman Murphy on the Foundation and the remodel.
Support was expressed for the Library Foundation and Alternative A. Remodeling should be
done in a conservative mode to take care ofthe health and safety issues. At the same time, the
Foundation needs to be launched with a commitment from the City with the Wymer money.
Councilman Spurgeon agreed with his colleagues that a clear message needs to be sent to the
community to let them know that Council is behind this. The basement of the library needs to be
addressed. Support was expressed for information technology and the Library Foundation.
Mayor Coontz commented the City uses the Edward's house for offices and for the Friends of the
Library and that it be looked at in terms of space allocation. The City utilizes the basement of
the Community Services Department; all services are not centralized at the Main Library.
In response to Mayor Coontz, the City Manager explained fiber optics can be preserved and
transferred to another facility. The main fiber optic lines in networking with the main computer
could be reused. The Director of Community/Library Services commented that staffwill meet
the recommended goal to weed 20-25% ofthe current book selection and assured the
community that books have been and will be selected
correctly.Barbara DeNiro, (address on file), asked if bulldozing has been considered on these structures;
if the endowment and patron funding is being considered in the funding; and if there are any
other sites the City is considering purchasing that can be
divulged?NOTE: The City Council recessed at 7:08 p.m. and reconvened at 7:27 p.m. to continue
this
item.Mayor pro tern Slater expressed concern with money being spent unnecessarily for the old
shell of the Main Library and asked about separating out the cost of the ITC from the $1.2
million.The City Manager said it is essential to move forward with the closure ofthe Main Library
and prepare for its renovation. Monies have been allocated for this purpose. A meeting will be
held with the Director ofCommunity/Library Services, staff, and the architect to decide what
should be included and left out to provide an adequate renovation. If the ITC is included, other
issues may have to be
addressed.PAGE
17
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz directed the City Manager to investigate and incorporate the ideas from the
volunteers regarding the safety issue of employees using the basement at the Main Library. It
was noted that the volunteer committee asked that this issue be postponed to the January 27,
1998 Council meeting.
Robert Coffee, 3111 2nd Avenue, Suite 3, Corona Del Mar, architect for the project, explained
when his firm was hired, the scope was defined as an interior renovation ofthe Library, however,
other issues of concern were explored and analyzed. It was recommended that the roof leaks and
water seepage into the basement be added to the scope of work for the project. The basement
would require an elevator to be ADA accessible. Due to the sizable expense and the tight budget,
it was recommended that use ofthe basement be a service use that only the library staff would
access. Sensitivity was given to public access for historical records. The ITC was defined to
include 20 stations. Included in the original $1.2 million cost estimate on the design were all
conduit distribution for the data and power cabling and the carrels for the workstations. Not
included in the cost was the equipment, data-five cabling and the fiber optics cabling to
those
stations.Mayor Coontz commented the issue of an elevator needs to be looked at, noting the cost of
an elevator is approximately $40,000, which seems minor when put alongside other
expenditures;and that there is a concern for the public as well as employee
needs.Karen Roelke, 2304 W. Palm, spoke in opposition to demolishing the library and support of
a
face-lift.Carolyn Cavecche, 275 N. Shaffer Street, Chair of the Orange Public Library Board
of Trustees,expressed support for Alternative C of the staff report. The Board shares the vision for
the new library, however remodeling has to be completed in order to get to the
new facility.The City Manager explained the purpose of coming back to Council in January is
for the architect and staff to reassess the actual dollar amount allocated. Council can then
make an allocation that is within the parameters ofthe direction given to staff at
this meeting.Adele Graves, (address on file), spoke in support of Council making a commitment for
a
new library.MOTION -
Murphy SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to begin the Main Library Remodel Project and encompass the following objectives: All safety,
ADA, and related needs, and to accomplish as many ofthe conceptual plan items as possible
as outlined in the Section 5 of the agenda report, Conceptual Plan A which include:PAGE
18 r--
T~. ;1'. ..
1. j.. Iii
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
Inefficient CirculationlRe-use and Maximize
space Inadequate Children's
Area Location of Reference Desk, Book Shelves,
etc.Need for Information Technology Center (IT
C)Replacement ofHeatinglAir-
conditioning system
Poor lighting Office/desk locations
of staff Inadequate Restroom FacilitieslNon-compliance with American
with Disabilities (ADA)More User Friendly Space
Allocation and Design The renovation should be up to $1.5 million and would include
the Information Technology Center (lTC), which is the target but could be increased or reduced based
on information that
could come later.
MOTION - Murphy SECOND - Mayor
Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct staff to incorporate the volunteer efforts ofDoy Heruey, Bill Cathcart, and
Randy Bosch in terms of their input concerning both the renovation efforts and how they might
be incorporated into the vision for a new Main Library.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Council
show its commitment to make the first large contribution to the endowment fund for a
new Main Library of up to $2.6 million as a down payment for the foundation as seed money.MOTION - Mayor
Coontz
SECOND - Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to plan to include the
new library in the Capital Improvement Program (CIP) and the City Manager extrapolate that to a period
of time for Council to see the success of it.MOTION - Mayor Coontz SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez PAGE
19 r
CITY COUNCIL MINUTES December 9, 1997
7. ADMINISTRATIVE REPORTS (Continued)
Moved to ask the volunteer group to assist the Council in ascertaining a goal for a certain amount
of dollars for a new library. Move the archives to the basement of the Community Services
Department as a permanent collection and the monies be evaluated that have been set aside by
the Friends of the Library and the Centennial Commission for that purpose.
8.LEGAL AFFAIRS Tape 832
8.1 ORDINANCE NO. 27-
97 An Ordinance of the City Council of the City of Orange approving a Franchise
Agreement between the City of Orange and Arco PipeLine company. (FA2100.0
AGR-2945)MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 27-97 be read by title only and same was passed and adopted by the
preceding vote.
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10.ORAL PRESENTATIONS Tape 182
Derek Cook, representing the City of Orange Police Association (COP A), read a letter regarding
the Police Chief investigation commending the actions of Mayor Coontz, Councilman Spurgeon,
Councilman Murphy, City Manager Rudat, City Attorney DeBerry and Personnel Director,
Steven Pham.
Council concurred that questions may be entertained at this time. Mayor pro tern Slater
addressed the following question to Mr. Cook and asked that it be included for the record: 1) "I
am curious as to know if you ran this by your membership or if this is strictly from the Executive
Committee?" 2) "I understand that a prominent member of your committee resigned over
whether or not to propose this letter." 3) "If someone asked your group to write this letter
because, I hear from a very reliable source, that a political source asked your committee to write
this letter." Mr. Cook responded the input was from the membership. An individual did resign
from the management board this morning. There were no political interests other than the people
that were on the Board that wrote the letter.
Gary Wann, Director of Community and Library Services, on behalf of the City's Executive
Management, read a letter expressing support, confidence and respect for City Manager Dave
Rudat, noting his qualities of integrity, ethics, and leadership.
Carole Walters, 534 N. Shaffer, commented she understands that Lou Walsh's attorney
represented the City against Don Greek in a lawsuit. Ms. Walters expressed her lack of faith and
support for the police department, stating that a police officer yelled at her at the November 19th
meeting. Ms. Walters commented the City Manager knew what side the Acting Chief Police was
PAGE 20
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CITY COUNCIL MINUTES December 9, 1997
10. ORAL PRESENTATIONS (Continued)
on and expressed support of Chief Robertson. Why did this come about the same time as the
trash scandal? When did Lou Walsh file his complaint with the City and when did the City
receive it? Concern was expressed for monies being spent on City attorneys, indicating $165,000
was lost by the City last week in a lawsuit.
Debra Hoffman, 1851 E. First Street, Suite 1060, Santa Ana, Jaramillo, Hoffman & Associates,
representing Chief Robertson, asked if there is any truth to the rumblings she has heard that
Council has obtained their third vote and determined that Chief Robertson will be terminated in
January? What has come of the investigation? What is being done to investigate the allegations
that a hostile work atmosphere and environment now exists in the police department? What has
come of the investigation of criminal activity or conduct by Chief Robertson? Will the City pay
Chief Robertson's legal fees? Ms. Hoffman commented on statements made by Derek Cook,
COPA's representative, relative to "the facts" of the investigation and a vast majority of his
association being in attendance.
Dana Bosch, 1598 N. Morningside, commented she believes the trash/recycling issue is a
problem with the person that ran Orange Resource Recovery System (ORRS), not Orange
Disposal Service (ODS).
Jerry Thompson, 692 N. Adele Lane, Space 28, spoke in support ofthe City and its excellent
management team; hopes Chief Robertson is not brought back; said Mayor pro tern Slater and
Councilman Alvarez have their minds already made up before the facts are in and should not be
allowed to vote on the Police Chief issue; and spoke in support of ODS.
Nick Lall, 6231 E. Mabury Avenue, expressed concern with criticism of people who exercise
their freedom of speech; support for the Orange Police Department; the problems at ODS/ORRS
are with management; expressed support for Chief Robertson; and would like the facts
investigated by an unbiased independent body.
William Willis, 10971 Garden Grove Blvd., Garden Grove, commented on negative and
disparaging comments made at a prior Council meeting by an ex-employee ofthe Garden
Grove Police Department. Mr. Willis indicated he worked with John Robertson from 1979-
1991 and expressed
his support.Barbara DeNiro, (address on file), commented she will continue to speak out regardless
of any personal attacks that
are received.
11. RECESS NOTE: The City Attorney requested the KPMG Peat Marwick be continued to January
13, 1998.The City Council recessed to a Closed Session at 10:15 p.m. for the
following purposes:a. Public employee discipline, release and dismissal pursuant to Government
Code
Section 54957.b. Conference with Legal Counsel-
anticipated litigation.
PAGE21
CITY COUNCIL MINUTES December 9, 1997
11. RECESS (Continued)
Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one
potential case). Contracts with ODS/ORRS
c. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.
City
of Orange vs. KPMG Peat Marwick, Orange County Superior Case No. 772237 Ellen
Bonneville vs. City of Orange, et al. Orange County Superior Court Case No. 75 1340 City
of Orange vs. Eduardo Q. Cuellar, et al. Orange County Superior Court Case No. 78 0519.
d.
Public employee performance evaluation pursuant to Government Code Section 54957:
City Attorney.e.
To consider and take possible action upon such other matters as are orally announced by the City
Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in Closed Session.7:
00 P.M. SESSION 12.
1 INVOCATION Pastor
Phillip Sipes, St. John's Lutheran Church 12.
2 PLEDGE OF ALLEGIANCE TO THE FLAG Presented
by The Hawks Patrol- Boy Scout Troop 51 - St. Johns Led by
Mayor Coontz 12.3
ANNOUNCEMENTS - None 12.4 INTRODUCTIONS
TheCity Manager
introduced the new Assistant to the City Manager, Rick Otto.12.5 PROCLAMATIONS -
None 12.6 PRESENTATIONS - None
The City Manager asked that
the presentation of Resolution No. 8858 to Richard "Dick"Dittberner of the Orange Fire
Department commending him for more than thirty years of loyal and dedicated service, be continued
to January 13, 1998.13.PUBLIC HEARINGS Tape 1003
13.1 APPEAL NO. 440;
TENTATIVE PARCEL MAP 96-183; VARIANCE 2031-97;PAUL CLARK AND
GEORGE ADAMS The public hearing
on petition by Paul Clark and George Adams to appeal the decision by the Planning Commission on
July 7, 1997 denying Tentative Parcel Map 96-183 which would subdivide a
19,860 square foot parcel into 4 lots and Variance 2031-97 which would allow for waivers
of site development standards for lot size, lot width, lot depth, building setbacks and parking
upon the property was continued from August 26,1997, September 23,1997, and October
28,1997 to this time. The Planning Commission found that approval of this proposal would
likely intensify existing access and parking problems in the area; increase non-conformities
of existing development on the site; create lots that are substandard to zoning PAGE
22 n
1,
1 If
CITY COUNCIL MINUTES December 9, 1997
13. PUBLIC HEARINGS (Continued)
requirements; and grant a special privilege inconsistent with the limitations upon other properties
in the same vicinity and zoning district.
NOTE: The applicant has modified the proposal to subdivide the property into three lots. The
variance is still required to request a waiver of site development standards pertaining to lot size,
lot depth, building setbacks and parking. The property is located at the northeast corner of Maple
and Parker (633 West Maple). Negative Declaration 1520-97 has been prepared to evaluate
the environmental impacts of this
project.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE
APPEAL:We feel very strongly that this project is the right type of development for the City of
Orange.We feel that Orange does not need more apartments. Converting these four rental houses
into four single lots that could then be sold so that families would live there who have pride
of ownership is the most positive thing that could happen to the property. We are not trying
to increase the density - there are four existing single family houses and we are trying to keep four
single-family houses. We feel that we met all the conditions ofthe proper variance and
we would like to present our project to the City Council for Orange. Therefore, because of
the above, we respectfully request a hearing at the City Council as soon as
possible."MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
continue to January 13, 1997 due to the applicant's absence.13.2
ZONE CHANGE 1191-97; TENTATIVE TRACT MAP 14680; PRECISE ALIGNMENT
OF THE WALNUT AVENUE/SPRING STREET CONNECTION;MINOR
SITE PLAN REVIEW 45-97; BEAZER HOMES CALIFORNIA, INC. (Z1500.0
ZCG-
119l-97)Time set for a public hearing to consider a proposal to develop approximately 16 acres
with 198 residential units. The applicant is also requesting the realignment ofthe boundary
line between open space and residential zoning classifications, and establish the precise
alignments between Walnut Avenue connecting to Spring Street. The property is located on both sides
of Prospect Street between Walnut Avenue and
Spring Street.NOTE: Mitigated Negative Declaration 1531-97 has been prepared
to evaluate the environmental impacts
of this project.Mayor Coontz noted a memo was received indicating that
Orange County Transportation Authority has reviewed and found the proposed revised alignment of
Walnut Avenue is compatible with the County's Master Plan
of Arterial
Highways.
CITY COUNCIL MINUTES December 9, 1997
13. PUBLIC HEARINGS (Continued)
The Community Development Services Manager reported the site consists of approximately 32
acres; approximately 21 acres west of Prospect and 11 acres east of Prospect. The development
areas are currently zoned mobile home on the east and on the northern half of the west side of the
property. The southerly portion of the west side is currently zoned recreation open space and
consists of approximately 12 acres. The General Plan designation is low medium density
residential, 6-15 dwelling units per acre, and has an open-space component on the west
side of Prospect. The site has R-3 and R-I-6 condominiums and
single-family homes developed to the north; R-I-7 and an elementary school
developed to the east; R-I-7 single-family residential to the south
and R-3 multiple-family residential; and a sand and gravel designation materials processing plant to
the west. This is the remainder
of a larger development by Beazer Homes that has occurred over the years.The proposal
is a zone change to realign the boundary between the property zoned recreation open space and
mobile home on the westerly parcel and to change the zoning classification ofthe two
parcels zoned mobile home to R-3 residential multiple family. A precise street alignment
would establish the alignment for the eventual construction of the Walnut Avenue/Spring Street connection.
The Tentative Tract Map would subdivide the easterly parcel into 42 parcels to be developed with
131 dwelling units. The westerly parcel would receive an R-3 zone at a future time and
would require a separate Tentative Tract Map. It is estimated to have 60-70 units. The
Minor Site Plan Review application would allow the creation of lots without direct access to
a street. Proposed on the easterly property is attached two-story
units with two car garages with approximately fifty guest parking spaces provided and distributed throughout
the development.The project would result in private streets, common open space and recreational areas, and
a gated entry from garage on the east side with two emergency access points. The
perimeter would have walls and landscaping similar to the other Beazer developments. The park area on
the southwesterly portion of the site is being discussed separately and is not
part of this proposal.
Two areas of potential significant impact identified in the Mitigated Negative Declaration
were air quality and noise.At the Planning Commission hearing, information
was presented from representatives of the Orange Unified School District (OUSD) requesting that mitigation of school
overcrowding beyond the normal State approved school facility fee be added as a condition. OUSD met with
Beazer Homes to discuss the issue. A copy of the agreement was provided to the City
Council and a copy of a transmittal from OUSD responding and elaborating upon the issues and
concerns raised at the Planning Commission. A corrected amount of $26,600,
rather than $26,000, was noted to be made to the Planning Commission Resolutions,
Condition No. 29.James O'Malley, 1100 Town and County, representing Beazer Homes, commented many of the ideas
for the proj ect came from existing buyers and influences of City residents. It had been
their original intent to move forward with a Tentative Tract Map on the easterly parcel.
The acreage of the recreational open space will be approximately 15-16 acres gross. Mr. O'
Malley indicated they concurred with the revision to Condition No. 29 and requested Condition No. 14 "no less
than a
20 foot
CITY COUNCIL MINUTES December 9, 1997
13. PUBLIC HEARINGS (Continued)
The Director of Public Works commented the 20 ft. radius outlined in Condition No. 14
conforms with City standards for private streets. A 15 foot radius could be permitted when the
design of the project does not allow a 20 foot radius.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
SPEAKING IN OPPOSITION:
Denise Bittel, 18202 Evergreen, Villa Park, member ofOUSD Housing Committee
Mark Levy, 1900 W. Katella Avenue, representing the Neighbors for Safety on Collins and
Handy
Sue Craig, 3402 E. Vine Avenue, asked if the proposed park will be available only to this
housing development?
Vera Mater, 1774 N. Lincoln Street, traffic concerns.
Ira Herman, 3412 East Barrington, Kensington development, commented he is not against the
development. Questions were asked relative to the height of the buildings, property size, affect
of the radius, property values; and the disclosure issue of Walnut Avenue becoming a main
street.
Concerns expressed were: Overcrowding of schools, conditions to mitigate, future quality of life,
property values, traffic increase and flow, safety issues, lack of notification, adequate guest
parking, and the need for a system to require developers to pay fees for schools.
SPEAKING CONDITIONALLY IN FAVOR:
Billy Flory, 1401 N. Handy Street, Director of Facilities and Planning for OUSD, commented
that OUSD is concerned about the quality oflife in the community and expressed support of the
project based on the agreement developed between OUSD and Beazer Homes being included as
a condition of the Mitigation Plan.
Mayor Coontz commented a lot of the problems that exist today at OUSD are due to the lack of
attention and planning for the projected population and are not due to the fact there is a
tremendous need right now because of development.
SPEAKING IN FAVOR:
Steven Smith, 605C N. Pageant Drive, Kensington development
Jean Krasnick, 514C N. Pageant, Kensington development
In response to Mayor Coontz, the Assistant City Attorney explained that the letter agreement
between OUSD and Beazer Homes requires the developer to pay the City $2500 for the after
school recreation program and to use diligent efforts to accomplish the tasks outlined. It does not
need to be included as part of the mitigation measures for the project. OUSD has asked that a fee
be imposed in an amount in excess of the statutory required impact fee and has indicated to the
Planning Commission the fee they are able to collect represents only 1/3rd of what it costs for
them to house the students. They are in an overcrowding situation. It is the City's opinion if the
PAGE 25
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CITY COUNCIL MINUTES December 9, 1997
13. PUBLIC HEARINGS (Continued)
City Council wanted to impose any fee above the statutory required amount, the City would have
to adopt an ordinance or resolution which gives Council the authority to impose the additional
fees for projects like this or other future projects, i.e. General Plan Amendment or zone change.
A process has to be gone through before the fees can be imposed, otherwise the City would be in
violation of the Constitution. OUSD has prepared a study and it is believed they would like to
give it to the City. It would be up to the City Council if they wanted their own independent
analysis or study if it is the policy directive for the City to go forward with the fee.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
REBUTTAL
James O'Malley commented Beazer Homes is over the allotted ratio for guest parking. The
location to the entrance of the development to the west parcel is a safe distance between the
existing intersection of Walnut and Prospect and would not require a signal. Tentative map
approval will be asked for the east side and land use approval for both sides. Beazer Homes has
agreed to the condition to supply the City with $150,000 for the implementation and
improvement of a signal at the Spring and Prospect location. The Kensington development
residents and all Beazer developments were notified ofthe project by personal mail and four
presentations were held at the recreation facility. The structures are 28 feet which is a typical
two-story height with two-car garages per unit. A minimum 15 foot curb return radius
is being requested. Part of the application will designate Walnut Avenue as a precise alignment.
It was suggested that Ms. Mater meet with Joe Faust and City staff and her ideas and concerns
could be responded to in the Neighborhood Traffic Management Program. It probably is not a
good idea to include the agreement between Beazer Homes and OUSD as a condition
ofthe Mitigation Plan, indicating he would hate not to be able to perform on one of the tasks. Beazer
Homes will ertainly perform on any financial commitments decided on and responding to City
concerns and requests. Both developments will have their own separate recreational facilities. The
15 acre proposed City park will be a "City park" for everyone's use. A soils report has
been prepared and sponsored by Beazer Homes and submitted to the City. The property has been
appraised at Beazer Homes cost. It is hoped that Mr. Levy's concerns with traffic are addressed in
the traffic engineer's report. Beazer Homes has responded to their fair share and beyond of school
fees and the impact that students have on
the district.IN RESPONSE TO QUESTIONS RAISED BY COUNCIL, Joe Faust, Austin Faust Associates,
2020 N.Tustin Avenue, Santa Ana, responded that based on 10 trips per day, approximately 2/3rds
of the traffic would head south towards Chapman and approximately 1/3rd of the traffic
would head north towards Prospect and around the curve to Collins. This comes from studies
of existing traffic patterns, discussions with residents, and monitoring of their traffic patterns.
There would be approximately 1200 vehicles going south, and 800 or less going to the north. Due
to the Eastern Transportation Corridor being a toll road facility, the effects would be felt
more during the peak periods. There will be a tremendous increase in capacity and a relief in the
north/south streets in the Eastern Transportation Corridor area. An exhaustive study has been done
for the year 2000 which addresses the eastern part of Orange. It is felt that EI Serrano
Way, located
CITY COUNCIL MINUTES December 9, 1997
13. PUBLIC HEARINGS (Continued)
immediately east of Prospect Elementary School, will be used by local neighborhood traffic. The
Community Development Services Manager indicated a separate Tentative Tract Map will be
brought forward for the west property where ingress and egress issues will be determined.
COUNCIL COMMENTS
Mayor pro tern Slater spoke in support of the realignment of Walnut Avenue; the proposal with
OUSD has good elements. However, he agreed with staff that the agreement needs to remain
between Beazer Homes and OUSD.
Councilman Murphy spoke in support of the quality of the project and the requested minimum 15
foot curb return radius if it is not a public safety issue. The site agreement should not be
included as a condition of the mitigation measures. OUSD representatives were encouraged to
present their requests independent of any specific development.
Mayor Coontz commented that requests from OUSD not be tied to a specific project, noting that
the City is concerned with the number and safety of children in the schools. There needs to be a
more far thinking and far sighted way to look at the school population.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Mitigated Negative Declaration 1531-97.MOTION - Slater
SECOND - Alvarez AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Zone Change
1191-97, as outlined in Planning Commission Resolution No.PC-52-97.MOTION -
Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Tentative Tract
Map 14680, as outlined in Planning Commission Resolution No. PC-50-97, subject
to amendment of Condition No. 14 from a 20 foot curb return radius to a minimum 15 foot
curb return radius.MOTION - Slater SECOND -
Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez PAGE 27 r
CITY COUNCIL MINUTES December 9, 1997
13. PUBLIC HEARINGS (Continued)
Moved that Condition No. 29 be approved as amended from 26,000 to 26,600 on affected
documents.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Precise Alignment of the Walnut Avenue/Spring Street Connection as outlined in Planning
Commission Resolution No. PC-53-97, subject to amendment of Condition No.
14 from a 20 foot curb return radius to a minimum 15 foot curb return radius.MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to approve Minor
Site Plan Review 45-97 as outlined in Planning Commission Resolution No. PC-
51-97, with the change in Condition No. 14 from a 20 foot curb return radius to
a minimum 15 foot curb return radius.13.
3 PRE-ZONE CHANGE 1189-97; CITY OF ORANGE ON BEHALF OF
WILLIAM MATTERN, REYNALDO LOZANO, LARRY MALONE, HARVEY MORENO
AND MARGERY BASSETT (ZCG-1189-
97 Z1500.0)Time set for a public hearing to consider a proposal to assign zoning to halfthe
width of an abandoned alley, formerly under County of Orange jurisdiction and unzoned, to
reclassify to the City'
s C-l District.The site is a strip of land, 10 feet wide by approximately 420 feet in
length, which was formerly a portion of the alley north of Chapman Avenue between Earlham and
Hewes Streets. (Rear 10 ft. of the parcels located at 4301, 4315, 4327, 4341, and
4345 E. Chapman Avenue.)NOTE: This project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) per Section 15319
ofthe State CEQA Guidelines.The Community Development Services
Manager presented the report.MAYOR COONTZ
OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR COONTZ
CLOSED THE PUBLIC
HEARING.MOTION - Murphy
SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez PAGE
28 I r
CITY COUNCIL MINUTES December 9, 1997
13. PUBLIC HEARINGS (Continued)
Moved that the project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15319 of the State CEQA Guidelines.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Pre-Zone Change 1189-97 as outlined in Planning Commission Resolution No.
PC 46-97.
13.4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
GREEN BOOK) (A2500.0)
Time set for a public hearing to consider a proposed Ordinance of the City Council ofthe City of
Orange creating Chapter 12.02 of the Orange Municipal Code adopting the 1997 Edition ofthe
Standard Specifications for Public Works Construction (commonly referred to as the "Green
Book") prepared and promulgated by the Southern California Chapter ofthe American Public
Works Association and the Southern California Districts of the Associated General Contractors
of California, for all public works construction undertaken within the jurisdiction of the City of
Orange.
The Director of Public Works presented the report.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 23-
97 An Ordinance of the City Council of the City of Orange creating Chapter 12.02 ofthe
Orange Municipal Code adopting the 1997 Edition of the Standard Specifications for Public
Works
construction.MOTION - Alvarez
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 23-97 be read by title only and same was passed and adopted by the preceding
vote.14.
PLANNING AND ENVIRONMENT - None PAGE 29
I
CITY COUNCIL MINUTES December 9, 1997
15. ORAL PRESENTATIONS
Carole Walters, 534 N. Shaffer, asked how long the citizens will be paying for the recycle bins?
Can the Council vote to take the charge off? It was requested this issue be brought back before
Council as soon as possible.
The City Manager suggested that Council revisit this issue after the Hilton, Farnkopf & Hobson
study has been completed. It appears the City took action to address ongoing costs and did not
specifically identify that the assessment was discontinued for the bins. The Director of Public
Works indicated the final report should be completed the end of March, 1998.
Shannon Tucker, 556 E. Culver, commented on the Police Chief investigation; indicated it
became a public issue when the City came out publicly and made announcements and statements;
said the citizens are entitled to some type of response to questions that have been raised at the
meetings; and indicated police officers informed her they were not aware COP A was making a
statement at the meeting and were upset. Ms. Tucker indicated she continues to have questions
on the conflict of interest and the bias of three Councilmembers. She admires the City
Manager's management style.
16. ADJOURNMENT
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council
recessed to Closed Session at 10: 15 p.m. (SEE ITEM No. 11) and reconvened at 11: 1 0
p.m. The City Council adjourned at II: I 0 p.m.L~-ukGa~CASSANDRA
J. l\THCART, CMC CITY CLERK a '
7] ..~. fl~/
mANNECOONTZMAYOR
C./PAGE
30 II