04-09-1996 Council MinutesAPPROVED BY CITY CCUNCIL ON APRIL 23, 1996
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
Apri19,1996
The City Council of the City of Orange, California convened on April 9, 1996 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 pro tern Barrera
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None Mayor Coontz
requested the City Clerk include in the Declaration of Posting that a summary of
the agenda is televised on Cablevision of Orange.1.3
APPROVAL OF MINUTES Adjourned Regular
Meeting - March 20, 1996 MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater ACTION: Approved.Regular Meeting - March 26,
1996 MOTION -
Murphy SECOND - Barrera AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater ACTION: Approved.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS 1.5 PROCLAMATIONS
A proclamation
was presented to Barbara Proud,
Manager of Girl
Scout Service Unit 4 honoring Arbor Day April 27, 1996.Page 1 j---
CITY COUNCIL MINUTES April 9, 1996
1.5 PROCLAMATIONS (Continued)
A proclamation was presented to Nancy Gee, Recycling Coordinator honoring RecycleWeek, April 21 - 28, 1996. A report will be presented at the next Council meeting on the new
Used Oil Recycling Program.A
proclamation was presented to Holly Blythe for National Organ and Tissue Awareness Week, April 21 through April 27, 1996. Elizabeth Flynn, spoke on behaIfofthe Regional OrganProcurementAgency.A
proclamation was presented to Acting Fire Chief, Bob Clevenger for Earthquake PreparednessMonth, April, 1996.2.
CONSENT CALENDAR 2.
1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda ofaregularmeetingofApril9, 1996 at Orange Civic Center, Main Library, Police facility at1107NorthBataviaandtheEisenhowerParkBulletinBoard; all of said locations being intheCityofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregularmeeting.ACTION:
Accepted Declaration of Agenda Posting and authorized its retention as a publicrecordintheOfficeoftheCityClerk.2.
2 Request Council confirmation of warrant registers dated March 22,26, 1996.ACTION:
Approved.AGREEMENTS
2.
3Request Council approve Right of Entry Agreement with the County of Orange to monitorMethaneGasneartheformerVillaParkRefuseDisposalStationonSantiagoCanyonRoad, East of Lorna Street. (A2100.0 AGR-2579)
FISCAL IMPACT: None.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.4 Request Council approve Caltrans Utility Agreement No. 12253 for coordination ofsanitarysewerlinerelocation. A number of City-owned utilities need to be relocatedinconnectionwiththewideningofboththe1-5 and SR-55Freeways. Caltrans Utility Agreement No. 12253 provides for the modification of a City sewer linenearthe1-5 freeway at State
expense. (A2100.0 AGR-2580)FISCAL IMP ACT: This agreement allows the City to bill
Caltrans for the cost of inspection up to $250.00. There is no
impact on the City budget.ACTION: Authorized Mayor and City Clerk to execute
on behalf
of
the
CITY COUNCIL MINUTES April 9, 1996
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y) Tape 475
2.5 Request Council approve the Cooperation Agreements with the State of California
through the Department of Transportation for the Aesthetic enhancements on InterstateRoute5. These agreements provide for construction of aesthetic enhancements in
accordance with the Interstate 5 North Corridor Aesthetic Theme and Guidelines
approved by City Council on March 14, 1995. (A2100.0 AGR-
2581)FISCAL IMPACT: This project is anticipated to be constructed at no cost to theCity.However, the City would be responsible for its fair share of any costs in excess of
the State's contribution to the project. There is no fiscal impact expected at this
time.The Director of Public Works presented an overview of the 1-5
Aesthetic Guidelines which Council adopted by Resolution in March, 1995. This was part
of the implementation ofa performance agreement that exists between the cities in the
1-5 North Corridor, Caltrans and OCTA, which provides for the City's participationatChapmanandthe5FreewayandthenewOrangeundercrossing. Some of the
features include curved elements, use of overhangs on the bridge structures, and window barrier
railings which are reminiscent of the types of reinforced concrete railings that were builtonbridgesbeforeWordWarII. The agreements deal primarily with the structures,
rather than the landscaping, at this point. There is no cost to the City at this time, theprojectisbeingfundedbyCaltrans. However, if there are cost overruns from thecurrentestimates, there is the potential the City may be asked to participate in that overrun.
The work should begin in 1997 and will be a continuing part of the freeway construction
over the years.
MOTION - Murphy SECOND -
Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
ACTION: Approved.
APPROPRIATIONS
2.6 Request Council appropriate $65,000 from unappropriated TSIP Area "B" funds to
Project Account No. 284-5011-483300-3235 (Capital Improvement - Streets) for
a Noise Study and preliminary right-of-waywork. The City
Drive/Chapman Avenue Critical Intersection was approved for right-of-way acquisition and construction under the MeasureM Intersection Enhancement Program by OCT
A for funding in Fiscal Years 1996/97 and 1997/98. There is a need
to perform additional environmental work and right-of-way work that is not
part of the grant funding. (S4000.S.7)FISCAL IMP ACT: This project willreducethe
TSIP Area
B unappropriated
reserves by
65,
000.ACTION:
CITY COUNCIL MINUTES April 9, 1996
2. CONSENT CALENDAR (Continued)
BAIL SCHEDULE
REMOVED AND HEARD SEPARATELY)
2.7 Request Council approve amendment to Uniform Bail Schedule relating to shopping cart
removal. (A2500.0)
FISCAL IMPACT: The imposition of the fine will result in a very minor increase to the
City from its pro rate share of bail forfeitures and fine collections by the Municipal Court.
The Police Chief reported that individuals with shopping carts will be required to mark
their carts. The bail schedule amendment allows a fine to be affixed when citations are
written. The Police Department is working with the grocery industry trying to obtain
more voluntary compliance.
MOTION - Coontz SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.CHANGE
ORDER 2.
8 Request
Council approve the Santa Fe Depot Park Renovation Change Order No.1 in the amount of$16,
726. (A2100.0 AGR-2533j FISCAL IMPACT:
Sufficient funds are budgeted in the following accounts:510-7021-
485100-0971 (park
Development)920-
9811-427800-
9180 (Redevelopment)
ACTION: Approved.
11,
726 5,000 CLAIMS 2.9 CLAIMS FOP~
DAMAGES FROM: (C3200.
0)a. John Luckett
b. W. D.
Fitzgerald FISCAL IMPACT: None.ACTION: Denied claims and referred to
City Attorney
and
CITY COUNCIL MINUTES
April 9, 1996
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.10 RESOLUTION NO. 8603
A Resolution of the City Council of the City of Orange upholding the recommendation ofthePlanningCommissionoftheCityofOrangeandgrantingaConditionalUsePermittoallowdevelopmentofan87unitSeniorHousingProjectuponpropertysituatedat340SouthNewportBoulevard. (C3300.0 CUP-
2064-94)
ACTION: Approved.2.11 RESOLUTION
NO. 8604 A Resolution of the City Council of the City of Orange expressing appreciationtoRalphD. Patterson of the Orange Fire Department and commending him for morethanthirty-four years ofloyal and dedicated service. (
C2500.H)
ACTION: Approved.2.12 RESOLUTION
NO. 8605 A Resolution of the City Council of the City of Orange expressing appreciationtoLarryWampleroftheOrangeFireDepartmentandcommendinghimformorethantwenty-eight years ofloyal and dedicated
service. (C2500.
H)ACTION: Approved.2.13
RESOLUTION NO. 8607 A Resolution of the City Council of the City of OrangedesignatingimprovementareaswithintheCityofOrangeCommunityFacilitiesDistrictNo. 91-2 (Serrano Heights Public Improvements), of consideration to alter the rate and methodofapportionmentofspecialtaxesandtheauthorizedfacilitiesforsuchareasandotherwiseamendingpriorresolutionswithrespecttobondedindebtednessandappropriationslimitsforsuchareas. (
TlI00.0.
2 CFD-91-2)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.
14 RESOLUTION NO. 8608 Tape 620 A Resolution of the City Council of the City ofOrangeapprovingandnamingthestreetsdesignatedasLots "A", "B", "C", "D" And "E" in Tract15210inthe
City of Orange.T4000.0 TRT-1521O)Councilman Slater reported he believed that "Portafina" was a name he had recalled but indicated if the developer wanted "
Portofira", he
was agreeable
CITY COUNCIL MINUTES April 9, 1996
2. CONSENT CALENDAR (Continued)
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.TRACTS
2.15
Request
Council approve the recordation of Tract Map No. 15246. The developer,Standard Pacific for
Tract No. 15246 has met all required conditions and is requesting permission to record
this map. Tract No. 15246 is located on Loma Street south of Via Escola and north
of Serrano Avenue, within the Southern California Edison property.T4000.0 TRM-
15246)FISCAL IMP
ACT: None.ACTION: Approved.
URGENT REQUEST
MOTION - Murphy
SECOND - Slater AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater Moved that the need to
discuss the item arose after the posting of the agenda and add item 2.16 to the Consent
Calendar.The City Attorney commented Resolution
No. 8611 was to request funds from OCTA for Transportation Demand Improvement Projects. This
is an opportunity to obtain $100,000 from OCTA for it's
Transportation Demand Management (TOM) program.2.16 RESOLUTION NO. 8611
A Resolution of the City
Council of the City of Orange approving the submittal of a Transportation Demand Improvement Project to
the Orange County Transportation Authority for funding under the
Combined Transportation Funding Program.OC1300.D.l)The Director
of Public Works
explained the project would provide $100,000 for the Santa Fe Depot public parking lot.
With this funding and the funding already appropriated, the parking lot should be completed
in one phase, rather than two. This would provide a potential savings of$150,000
to $200,000 for overall costs. The monies will provide full funding of the pavement, parking
areas, amenities for the parking lot, including the lighting, landscaping, and ancillary features.
Page 6 1,--r----I
CITY COUNCIL MINUTES April 9, 1996
2. CONSENT CALENDAR (Continued)
MOTION - Barrera SECOND -
Coontz AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to adopt
Resolution No. 8611 as introduced, and same was passed and adopted by the preceding vote.
MOTION - Coontz SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater Item Nos. 2.5, 2.7,
and 2.14 were removed and heard separately, Item No. 2.16 was added as an Urgent Item. All
other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3.
REPORTS
FROM MAYOR COONTZ Mayor
Coontz requested the City Manager
review the federal and state requirements that impose housing relocation programs and costs on
local government to determine what can be done as a City to inform the legislators of
the burden and the disincentive of requirements to both private and public sector. It was further
suggested that the Council report include proposed changes to legislation. In response to numerous phone
calls and letters, individuals have been directed to write to their legislators.The City
Manager responded he would
discuss the issue with the Community Development Director and return to Council with
recommendations before any action is taken.4. REPORTS FROM COUNCILMEMBERS - None 5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.1 Re-appoint Linda Zehner to
the Community Development Block Grant Program Committee, term to expire 4/30/
98. (OR1800.0.8.3)MOTION SECOND AYES Spurgeon Murphy Murphy,
Barrera,
Mayor
Coontz,
Spurgeon, Slater
Moved to
approve.Page 7 1- r
CITY COUNCIL MINUTES April 9, 1996
5. REPORTS FROM BOARDS, COMMITI'EES AND COMMISSIONS (Continued)
5.2 Appoint the Acting Fire Chief as the City of Orange Alternate Representative to the
Orange County Cities Hazardous Materials Emergency Response Authority Board of
Directors and authorize the Mayor to notify the Authority coordinator of this action.
OR1800.0.3.3.1)
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved
to approve.5.
3 Accept the resignation of Charles Hukari from the Orange Public Library Board of Trustees,
effective March 14, 1996, and instruct the City Clerk to begin Maddy Act requirements. (
C2500.L1)MOTION
SECOND
AYES
Murphy
Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved with
regrets to accept the resignation of Charles Hukari from the Orange Public Library Board, and
instruct the City Clerk to begin Maddy Act requirements.6. ADMINISTRATIVE
REPORTS 6.1
Report from the Finance Director regarding Investment Administration duties and responsibilities. (C2500.
F) Tape 834 The Director
of Finance reported the first proposal is to add the classification ofInvestment Officer and
establish the rate of pay for the position, eliminating the classification of Fiscal Agent.The staff
position of Fiscal Agent has been vacant pending a review of various in-house staffing options
and contract investment options. Additionally, input from the newly appointed Director of
Finance was sought prior to any recommendations being finalized. During the time the Fiscal Agent
position has been vacant, the City has maintained a very conservative, uncomplicated investment
strategy, concentrating in treasury instruments and short-term high-grade
commercial
paper.Although a tentative recommendation has been made to proceed with the in-house
staffing option,the final job description, duties and corresponding salary range could not be finalized
until the outcome of proposition HH had been determined. If the voters had elected to have
an appointed City Treasurer, the salary, job description and number of hours worked would
be significantly different from the recommendation being presented today. Ajob classification for
an appointed Treasurer would reflect the significant increase in investment authority
and responsibility.
Page8r
CITY COUNCIL MINUTES April 9, 1996
6. ADMINISTRATIVE REPORTS (Continued)
The proposed Investment Officer would perform duties for the City Treasurer. Examples ofthe
types of duties would include calculating daily cash position and long-term cash flows,
identifYing amounts to be invested, making recommendations for the investment of funds,
obtaining investment bids, preparing investment reports, and maintaining investment records. The
City Treasurer could deputize the individual filling the Investment Officer
position.Even though this position will be assisting the Treasurer, it should be noted that all authority
and responsibility for investment functions will still be maintained by the City Treasurer as
originally delegated by the City Council. The Finance Director will be responsible for the
administrative management of the position, duties such as signing timecards, preparing evaluations,
etc..
The report is an addendum which was submitted to Council at the Council
meeting.It is recommended that the position be part-time, between 20-30 hours per week.
A range of hours needs to be established to provide as much flexibility to attract the
widest selection of candidates as possible. The salary range would befrom $22.55/hrto $28.90/hr.
It should be noted that the recommendation is consistent with the staffing recommendations
made by the
Citizens Advisory Committee.For clarification purposes, the Director of Finance reported that in the Investment
Officer's job description, report dated April 9, 1996, Exhibit B the following change
was recommended: "Make recommendations, manage and invest excess funds while complying with the
City'
s investment policy".The second recommendation is to adopt an Ordinance amending the section
of the Municipal Code relating to the duties of the Investment Oversight Committee. Currently,
there is a requirement for the Investment Oversight Committee to meet and report to the
City Council once annually. It would be prudent to increase the number of meetings as well as the
number of times the Committee reports to the City Council. Increasing the meetings to a quarterly
basis would be appropriate and would also allow the Investment Oversight Committee to
review any reports submitted by the Investment Advisory Committee and report any comments as
responses
to their recommendations.Mayor Coontz recognized Nick Lall who expressed opinions on behalf of
the Orange Taxpayers Association relative to the investment of City funds; meetings dates and times
of the Investment Oversight Committee and the Investment Advisory Committee and their subjection
to Brown Act requirements; thorough background checks and bonding be required of the person
chosen to be Investment Officer, indicating the bonding requirements should be extended
to the Finance Director and the elected Treasurer; and if the elected Treasurer does not qualify to
be bonded, the City Council would rescind their delegation of investment authority, and
assume this responsibility themselves. (Copy of Mr. Lall's comments on file in the City
Clerk's Office.)The City Attorney responded that the Brown Act is applicable when
the Investment Oversight Committee is meeting to discuss items that are a part of the charge pursuant
to the Ordinance.The Investment Advisory Committee was formed by Ordinance and is subject to
the Brown Act.He indicated he has never seen a situation where an elected treasurer was not able
to be bonded,however, in the event that would occur, the revocation of the investment
authority would
meanPage
9
CITY COUNCIL MINUTES
April 9, 1996
6. ADMINISTRATIVE REPORTS (Continued)
that the Council might have to meet every day to go over transactions on investments. This is thereasonthestatelegislaturerecognizesthatCouncilcoulddelegatethatauthoritytotheCityTreasurer.
Mayor Coontz requested the City Attorney research issues relating to bonding of the CityTreasurer.
RESOLUTION NO. 8609
A Resolution of the City Council of the City of Orange amending the Top ManagementResolutionNo. 8362 to add the classification ofInvestment Officer at Salary Range 480, hourlyrateof $22.5462 to $28.9096, delete the classifications of Fiscal Agent-Treasurer andFiscalAgent, and direct staff to amend the Fiscal Year 1995-96 Budget to reflect thischangeeffectiveApril
9,
1996.
MOTION
SECOND AYES
Barrera Coontz
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That
Resolution No. 8609, be adopted and same was passed and adopted by the preceding vote,includingaddendumtothestaffreport.ORDINANCE
NO. 12-96
An Ordinance of the City Council of the City of Orange amending Section 2.50.020 of the OrangeMunicipalCoderelatingtodutiesoftheInvestmentOversightCommittee.
MOTION
SECOND
AYES
Barrera Slater
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
12-96 have first reading waived and same was set for second reading by the preceding vote.Mayor Coontz
indicated the Jeffers Report approved by Council but was never put in Ordinance format. TheCityAttorneyindicatedtheJeffersReporthadseveralrecommendationsrelativetothebankruptcyandmostofthemhavebeencarriedout. However, there was a recommendation from acitizentoreformattheStatementofInvestmentPolicymakingiteasiertoread. The City Attorney advisedthisbebroughttoCouncilinResolutionform. Mayor Coontz requested the City ManagertoworkwiththeCityAttorneyonthisissue.7. REPORTS
FROM CITY MANAGER _ None Page 10
r -
CITY COUNCIL MINUTES April 9, 1996
8.LEGAL AFFAIRS TAPE 1450
8.1 ORDINANCE NO. 4-
96 An Ordinance of the City Council of the City of Orange amending Chapter 2.10 of theOrangeMunicipalCodepertainingtocampaignreform. (A2500.
0)
MOTION
SECOND
AYES Barrera
Spurgeon Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 4-96 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Larry
Rhinehart, Intergovernmental Affairs Director at Southcoast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, reported on recent activities and accomplishments oftheAQMD. (OCI300.B.l)Nick
Lall, 6231 Mabury Avenue, stated he felt the citizens of Orange should be reimbursed by the Council
for the cost of putting Measures HH and II on the March 26, 1996 ballot.Carole
Walters, 534 N. Shaffer St., asked if the Garden Apartment property were sold, would Redevelopment
money be paid back to the City of Orange?The
City Manager responded the project was written as a loan/grant. The monies could be recovered
if compliance is not met with affordable housing for 54 II2 years, at which time it turns into
a grant. The money would not be refunded.11.
RECESS MOTION
SECOND
AYES
Murphy
Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council
recessed to a Closed Session at 5:35 p.m. to discuss the items listed on the agenda, Item b
was deleted.a. Conference with
Legal Counsel pursuant to Government Code Section 54956.9 _ existing litigation. City ofOrangevs. James Daurn, et al., Orange County Superior Court Case No. 73-86-30. Daniel
H. Hepp, et al., vs. City of Orange, et al., Orange County Superior Court Case No.74-55-
44
Page 11
T r
CITY COUNCIL MINUTES April 9, 1996
11. RECESS (Continued)
b. Conference with Legal Counsel - anticipated litigation. (Deleted)Initiation
of litigation pursuant to Government Code Section 54956.9(c) (one potential case).c.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiator: Personnel Director.Employee
Organization: All Employee Organizations (List Available in Personnel Office).d.
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 Harry
Thomas, Director of Public Works 12.
2 PLEDGE OF ALLEGIANCE TO THE FLAG Led
by Mayor pro tem Barrera 12.
3 ANNOUNCEMENTS - None 12.4
INTRODUCTIONS - None 12.5 PROCLAMATIONS -
None 12.6 PRESENTATIONS - None
13. PUBLIC HEARINGS 13.1
APPLICATION TO OPERATE
TAXI BUSINESS, COASTAL CITY YELLOW CAB: Tape 2050 The public
hearing on petition
by Coastal City Yellow Cab to request consideration of an application to operate a taxi
business in the City of Orange was continued from March 12, 1996.p1300.0.4)NOTE: The
City Councilcontinued
the public hearing in order to obtain additional information.The public hearing was closed.
The Director of Finance reported
the public hearing was continued from March 12,1996 in order for staff to provide more
information regarding the City's ability to inspect cabs on an annual basis, and the need for
new taxi service in the City. The Police Department can provide the annual inspections as a part
of the renewal process. There have not been prior problems with Page 12 r-- -
CITY COUNCIL MINUTES April 9, 1996
13. PUBLIC HEARINGS (Continued)
safety issues with the existing cab companies, nor have there been complaints or requests to
increase taxi service. The applicant responded in writing in support of their position to increasethetaxiservicelevelintheCity.
The City Manager referenced a memorandum from the City Attorney's office regarding the burdenofproofforaneedandnecessityisplacedontheapplicantand/or those who are opposed. There
are currently two cab companies providing service in the City. The applicant is based in GardenGrove.
The following comments were given by Councilman Slater: "I recognize the opportunity that anybusinesswantstocompeteandprovideaservicetothecommunityofOrange, but I guess I havebeenconvincedwithinthelastcoupleofweeksandbystaffthatwereallydonothaveanecessityoranadditionalneedforacabcompanyinOrangerightnow. I wanted to comment that I think
we have adequate safeguards in place right now and do not need to invoke annual vehicle
inspections. The code says every vehicle for hire shall at all times be subject to the inspection of apoliceofficer, and health officer of the City. I would rather see it left as is".
MOTION
SECOND
AYES
Spurgeon Slater
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to deny
the application based on the information presented and that there is no compelling need for athirdtaxiservicebyCoastalCityYellowCab.Councilman Murphy gave
the following Minute Order: "Since I voted against this to encourage the third applicationbeforereviewingtheinformation, I basically felt that the applicant failed in proving the need
for the third service. "13.2 GENERAL
PLAN AMENDMENT 4-95, CONDmONAL USE PERMIT 2130-95,ZONECHANGE1178-95, SOUTHERN CALIFORNIA PRESBYTERIAN HOMES:
Time set for a public hearing on petition by Southern California Presbyterian Homes requestingthefollowingproposals: Tape 2353
A General Plan Amendment 4-95, to change the site's land use designation from LowDensityResidential, 2-6 dwelling units per acre to LowlMedium Density Residential, 6-
15 dwelling
units per acre.Zone Change 2130-95 to change the zoning classification fromR-I-8 (Residential, single family,minimum lot 8,000
sq. ft.) to R-3 (Residential, multi-family).Conditional Use Permit 2130-95 to allow a
residential care facility for the elderly and to allow building height exceeding two stories. Thepropertyislocatedontheeasterlyhalfofthe
Covenant Community
Church
CITY COUNCIL MINUTES April 9, 1996
13. PUBLIC HEARINGS (Continued)
Negative Declaration 1485-95 has been prepared to evaluate the environmental impacts
ofthis
project.NOTE: The most recent proposal for this applicant includes a two-story building with
48 senior living units. (C2300.
E GPA-4-95)Mayor Coontz requested the Director of Public Works to report on
a concern by the neighborhood relating to traffic traveling on Briardale and Lincoln
Avenue. This issue is important to the neighborhood and will be addressed separately
from this project application.The Director of Public Works reported it was determined at
the Planning Commission meeting there is a fairly significant problem of bypass traffic utilizing Briardale,
Lincoln and other local streets in the vicinity of the proposed project. Upon reviewing the data presented
by some of the residents at the Planning Commission meeting, preliminary data
collection and visual observations have been made during peak periods of what is occurring in the
neighborhood. This issue needs to be addressed whether the project is approved or denied. A
neighborhood preservation study is currently being scoped. It is estimated to cost approximately $30,000 - $50,000 for a
study to be done by a consultant. The advantage of using a consultant is that it could
be done considerably faster than if the study were done with City personnel. The area identified as
boundaries for a study encompass the area bounded by Tustin, Taft, Cambridge and
Buckeyewood. The time frame is a period of several months, and could be accelerated if a consultant were
hired to assist
with the project.The Director of Community Development gave an overview of the
application presented by Southern California Presbyterian Homes. The property is a one acre parcel
that is currently vacant; formerly part of an adjacent church that was sold off a few years ago and
approved for a single-family residential subdivision offour or five homes. Surrounding zoning
to the north and west is R-I-8 single family residential, to the east is an
apartment project zoned R-3; South across
Taft Avenue is single-family residential zoned R-l-?The applicant proposes to construct a
residential assisted care facility for seniors. Assisted care is a specific definition listed in the City's
zoning Ordinance, which allows for more care for the individuals within the project than a seniors
apartment, but not as much as a convalescent facility.The building is a two-story structure with 35,
224 square feet. The first floor would be 15,300 square feet. There would be both
studio and one-bedroom units, each including a kitchen with a total of approximately 300-
500 sq. ft. in size. Communal living room and dining room areas,social roOII,:,
and administrative offices and service area would be included within the project.There is approximately 4,
300 sq. ft. of outdoor and porch recreation area. The building is designed with wood and
brick material, giving it a residential character, as well as sloping roofs and porches. Parking provided on
the site plan is 21 spaces. The requirements for this type of assisted living seniors project is
one space for four beds, which
would be
12
spacesfor
the
CITY COUNCIL MINUTES April 9, 1996
13. PUBLIC HEARINGS (Continued)
Access to the parking area is by a 25 foot wide drive along the westerly property line, which is
proposed to be between the building proposed and the neighboring church. This coincides with
an easement which remains from prior approval. There is a gate which would be at the rear of the
property between the church and the seniors facility. There is no financial support on the part of
the City or the Redevelopment Agency, and no requirement that the City would impose for
affordability on the project.
The Planning Commission suggested four additional conditions be added: 1) the wall between the
senior facility and the church be a solid block wall; 2) the gate at the rear of the property be a
solid gate and a turn-around be provided on site, and the gate is to be used only for
emergency access; 3)a shuttle be provided for use by the tenants; 4)and priority be given to Orange
residents for future occupancy of the facility. The height of the structure will be 32
feet.MAYOR COONTZ OPENED THE PUBLIC
HEARING:Bob Mickelson, 121 West Rose, representing the applicant, addressed concerns of the R-
3 zoning for the future, stating that SCPH is willing to file and record deed restrictions in favor of
the City which restrict the project to this use. SCPH does not intend to ever sell the project, and
they can finance and build it on their own. SCPH has done a traffic analysis which concluded
that the parking need for the project is approximately I to 4, which is the 12 spaces that
the Orange Municipal Code requires, and SCPH is providing
22 spaces.Regarding the required findings for the Conditional Use Permit, Mr. Mickelson read
portions of letters received that stated: "Should not be granted jfit will cause deterioration of
bordering land uses or create special problems for the area in which it is located". In response, he
indicated the projects design, setbacks, landscaping, limitation on heights, etc. will not cause
deterioration, in fact, it's likely to increase the value of some properties in the area. "Must be
considered in relation to its affect on the community or neighborhood plans". Mr. Mickelson responded
that the site is ideally located for the project, the project is ideally designed for the site.
He indicated moving westerly on Taft from Tustin Avenue, there is a shopping center, an apartment
project, a vacant parcel, and a church. "Should be granted subject to conditions necessary to
preserve the general welfare, and not the individual welfare". In response, Mr. Mickelson reported there
is a list of conditions by the Planning Commission that have been reviewed; SCPH has
concurred with all the conditions, with the exception of a few recently imposed by the
Planning Commission.These conditions were added after the hearing
was closed.Mr. Mickelson spoke in opposition to the block wall condition and proposed a
wrought iron fence. Although SCPH does not object to the closing of the easement, he indicated a
gate could be installed to keep traffic from circulating freely, however, the gate should be
accessible to emergency vehicles and trash trucks. A shuttle and van will be provided as transportation
for the tenants, and priority will be given to the citizens of Orange. Mr. Mickelson
summarized the following letters in support from Jeanette Nelson, Tustin, Chapman Medical Center,
Yorba Park Medical Group, and Harry
L. Hamilton.
Page 15
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
April 9, 1996
Mr. Mickelson responded to Councilmembers inquires indicating that the Covenant ChurchpropertyisownedbytheparentorganizationoftheBaptistChurch. The deed restriction wouldhavetobeworkedoutwiththeCityAttorney, proposing the deed restriction be recorded in favoroftheCityofOrangeallowingtheCityofOrangetobeabletoenforcethedeedrestriction. ThedeedrestrictionwouldlimitthepropertytotheuseoftheseniorfacilityasproposedbythePresbyterianHomesandcouldonlybechangedwiththemutualconsentoftheCityandthepropertyowner. If the property did not get built, it would come back to the City forreconsideration. He stated this would be in addition to Condition No. 7 recommending to thePlanningCOmmissionthatanychangeintheoperationofthefacility, or to the type of residenceallowedonsite, shall require modifications to the CUP by the Planning COmmission.
Marilyn Kennedy, Director of HOME Administration, reported on SCPH senior housing projectsinIrvineandFountainValley. SCPH has never sold a facility which they have developed orpurchased, or failed to proceed with a project which was started. Two thousand seniors inCaliforniaareservedbySCPH, and 900 individuals are employed.
The peak load for staffat these types of facilities Monday through Friday between 7:00 a.m. and5:00 p.m., has two shifts of workers. If everyone drove themselves to work, there would be 12cars. A large percentage of people who work in these facilities carpool, take publictransportation, or are dropped off.
The Acting Fire Chief reported, based on the facts presented, there would not be a problem withaccessandthefacilitywillrequiresprinklers. With additional access at the rear from the churchproperty, he did not perceive a problem. Based on a higher level of service calls, existingresourceswouldbeabletohandleadditionalcallsthatmaybegeneratedbythisfacility.Steve Wright, Wright Mature Market Services, reported that the City of Orange was identified as
one of the areas as having a need for senior housing. Assisted living is provided at a cost muchlessthananursinghome.
Dennis Boggio, President of Lance Boggio Architects, 5650 DTC Parkway, #200, Denver,Colorado, presented images of the project on the slide projector.
NOTE: The City Council recessed at 8:20 p.m and reconvened at 8:27 p.m..
Mayor Coontz announced Council received and reviewed many letters in favor and in opposition,unfortunately some of the letters were threatening. (Letters on file in the City Clerk's Office.)
The following individuals spoke in support of the SCPH project:
Bob McAulay, 901 E. Maple Avenue, Orange KevinLaPoint, 252 Calle Baja, Orange Megan Shackleton,
3741 E. Fernwood Avenue, Orange Pat Geer, 2338W. Beverly Drive, Orange Barbara Resnick, 2720 E. Walnut #8, Orange Page 16 II
CITY COUNCIL MINUTES
April 9, 1996
13. PUBLIC HEARINGS (Continued)
Maxine Quirk, 331 N. Olive, Orange Furman
Roberts, 2504 E. Paladin Avenue, Anaheim Marty Holler,
1456 N. Cabrillo, Orange, read the following names of people who chose not to speak but wereinfavor: Edith and Grant Hoich, Sheila Gannon, Barbara and Clark Nelson,Shirley and LindaStrongDaveBIankmeyer, 16917
Hillcrest Circle, Y orba Linda Praim Singh, 1800 E.
LaVeta, Orange William Clow, 2 Rug Valbonne,
Newport Beach Irene Sarver, 17103 Magnolia #1 13,
Fountain Valley Kenneth Heuler, 1919 I Harvard Avenue, IrvineOttoGruber, Regents Point, Irvine Ben Beckler representing
SCPH submitted a letter from David
Chapin, 624 E. Jefferson Street,Orange Bruce F. Johnson, 7930 Lakeview Trail, Orange Richard Hanson, 38
Georgetown, Irvine Joe Woollett, 1279 San Remo Place, Orange Paul Kroesen, 7806 Lakeview Trail,
Orange The following individuals chose not to speak
in interest of time but went on
record in support of the project:Donald Palomar Keith Regan, Director of the Orange Senior Center, 170 S. Olive, Orange
Eileen Caulfield, 17103
Magnolia Street, Orange Mike White, 1565 West MacArthur, Costa Mesa David Palmer, 339E. Palmyra, Orange Stephen Wright, 1019 PacificAvenue, Tacoma, WA Dennis Boggio, Lance-Boggio Architects
The following comments were expressed as follows:
Neighbors of similar developments were concerned with the
possible impact such a complex
would have on property values, traffic congestion,
as well as possible problems with elderly residents in the neighborhood. None of theseearlyobjectionsweresubstantiatedovertime, but the well-manicured and up-scaled complexesactuallyaddtothequalityoftheneighborhood.These types of facilities are quietwithrespectfulneighbors.Shuttle buses are provided by the facility to avoid extratrafficTheprojectwouldbeadvantageoustotheCovenantChurch, as they would have a built-in congregation.There is a needforthistypeoffacilityintheCityofOrange.Good care is provided for theelderly
Southern California Presbyterian Homes takes care of their buildings.The senior citizens of Orange deservegoodhousing.Page 17 T-
CITY COUNCIL MINUTES
April 9, 1996
13. PUBLIC HEARINGS (Continued)
The following people spoke in opposition to the proposed project:
Carole Walters, 534 N. Shaffer Street, Orange
Barbara DeNiro, 1118 E. Adams, Orange
Steven Carr, 1808 N. Lincoln Street, Orange
Garrett Kuylur, 3519 Meadowridge Road, Orange
Ray Cook, 807 S. Dickel Street, Anaheim
Warren McGee, 1747 N. Lincoln Street, Orange
Jerry Simerda, 1722 N. Lincoln Street, Orange
Enrico C. Cari, 7025 Sundance Circle, Orange
Frank Rogers, 1518 E. Candlewood Avenue, Orange
Michael Caruso, 1621 Baldwin Avenue, Orange
Lois Barke, 2022 Spruce, Orange
Robert Schorr, 1515 E. Taft Avenue, Orange
Ron Drynan, 1761 N. Lincoln Street, Orange
Vera Mater, 1774 N. Lincoln Street, Orange
Tom Mason, 1723 N. Lincoln Street, Orange
Thomas Mastin, 1762 N. Lincoln Street, Orange
Wally Bredendick, 1507 E. Candlewood Avenue, Orange, referred to a letter submitted by
Harry Hamilton
Tom Bui, 1538 E. Briardale, Orange
David Turco, 1043 I Prado Woods Drive, Orange
Ben Crowell, 1512 Briardale, Orange, submitted a letter in opposition to the project.
Concerns expressed were as fol1ows:
There is not adequate parking for employees, visitors, and residents of the facility which will
impact the neighborhood and church.
Not the right area for the project and opposed to the proposed zoning change.
The church may wish to expand in the future, and cannot do so if this development is approved.
The church needs that property for a parking lot.
The bible class at Covenant Church is approx. 8 feet from the proposed fence and traffic would
create a noise problem.
Ingress and egress concerns relative to noise and hazards for children crossing.
Loss of privacy for surrounding neighborhood.
There is no compelling need for this type of facility in Orange.
The building is too large for the land.
Why is the land use element proposed to change from low to medium on the one acre parcel.
Decrease surrounding property values.
Concern over the location of easement
Ownership of the church parcel
Page 18
CITY COUNCIL MINUTES April 9, 1996
13. PUBLIC HEARINGS (Continued)
The following staff comments were in response to Council concerns:
The City Attorney commented if Council wants to restrict the use of property, a deed restriction
would be in order. In this case, a specialized form of housing with a parking situation that would
be approximately 20 for 48 units, and also the unit size would probably warrant a deed restriction
for the use. Also, if the CUP is never used then the deed restriction is worthless because the
property would be zoned R-3 with lowlmedium density on the General Plan Amendment. With
a deed restriction on the use and conditional zoning to the extent that it is permitted by law,
it would confirm that it would be used for this type of use
only.The Director of Community Development explained the zoning ofR-3 is a low/
medium density type of zoning, six to fifteen units per acre is what is allowed by the zoning designation
and is consistent with the apartment zone or the R-3 zone. The project proposed is
not the traditional kind of multiple-family use, that is why a Conditional Use Permit
is required and special consideration is given as to whether it's appropriate to put this use on
the property. The General Plan designation and zone change are for this parcel only and the
easement was established with prior subdivision for a single-family tract. The property has not been
surveyed by the City to locate the western edge of the site. A chain link fence is established on
a portion of that length.The easement is generally adjacent to the chain link fence or property
line, extending up the west side of the parcel. The reciprocal access across the church'
s property extends through their parking lot area
and back out to Taft.Bob Mickelson reported that when SCPH identified the site through
the broker, the location near a church would be positive and complimentary. The project will not back
up to the properties on Lincoln. The eastern portion of the acre was sold and is a separate
piece of real estate. SCPH has not made an offer to purchase the church property. Mr. Mickelson
read into the record a letter of
support submitted by Laren Gartner.In response to Council's questions, Mr. Mickelson stated a
wrought iron fence was originally proposed for the project. He feels the block wall gives a boxed
in effect. A hanunerhead turn around may require a reduction or elimination of parking spaces,
or temporary blocking on trash pick-up days. It is estimated that trash would need to be picked up
once or twice a week. He reported that there is no direct relationship
between Presbyterian Homes and Presbyterian Church.SCPH is willing to change the easement to the benefit of the
church, however, to change the plan to the other side
would not be as aesthetically pleasing.Joe Faust, traffic consultant for the project, reported that
parking studies have been done on senior apartments. There was a variation of .17 to .
28 parking spaces, which translates to approximately one space for every four units. Most
individuals in
convalescent facilities do not drive cars.Mr. Mickelson confirmed that based on the fact that the
automobile requirements are so small, the applicant is willing to stipulate to a condition as a part of
the permit limiting the number of vehicles owned by tenants on the property. The applicant
does have full management control; as they
would own
CITY COUNCIL MINUTES April 9, 1996
13. PUBLIC HEARINGS (Continued)
The Director of Community Development read the conditions that were originally recommended
to the Planning Commission, Councilmember Murphy requested the following wording be placed
in the record, "should this not go through that the Council could initiate rezoning back to R-
l "and asked that the deed restriction allow not only operation of the assisted care home, but also
a church
use.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE
PUBLIC
HEARING.
MOTION
SECOND
AYES Barrera
Slater Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
approve Negative Declaration 1485-95 in that there is no substantial evidence the project
will have a significant impact on the environment or wildlife resources.MOTION
SECOND
AYES
Mayor
Coontz Murphy Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved to approve General
Plan Amendment 4-95 with the stipulations of the applicant entered into the record
as to deed restriction and conditional zoning.MOTION SECOND AYES
Murphy
Coontz
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to approve Zone Change
1178-95 with the stipulations of the applicant as entered into the public record including deed
restrictions and conditional zoning.MOTION SECOND AYES Mayor
Coontz
Slater
Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater
Moved to approve Conditional Use Permit No.
2130-95, to include all conditions as listed in the staff report to the Planning Commission;
include conditions by the Planning Commission outlined in their minutes, to include a
performance bond within one years time a block wall or wrought iron fence be constructed if needed
as determined by the Community Development Director; add the shuttle bus for the tenant'
s use; priority to Orange seniors; limitation on the ownership of automobiles brought onto the facility by
residents as stipulated on the record by the applicant;emergency vehicles and trash trucks would
have cardslkeys to allow them access through the gates; and deed restriction as described
in the conditional use permit motion and stipulated by the applicant.Page 20
CITY COUNCIL MINUTES April 9, 1996
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Coontz Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that a
traffic study be initiated with the Director of Public Works assisting Council in the formation. The Director
of Public Works is to provide a report investigating the costs and parameters of a
traffic study; financial participation from the developer and the community involvement on a
volunteer basis.NOTE: SCPH agreed
to participate with the cost of the study but would like to meet with City staff to discuss
a fair share basis.13.3 PROPOSED
REVISION TO TENTATIVE TRACT MAP 15027,ZONE CHANGE 1180-
96; PARKRIDGE PARTNERS:Time set
for a public hearing on petition by Parkridge Partners proposing a modification to an approved tract
map to make residential streets private, rather than public, and to construct entry gates. Also
proposed is a modification to the PC (planned Community) zoning text, to revise those development
standards pertaining to front yard setback requirements. The project is located on the
east side ofLoma Street north of Crest de Ville and Serrano Avenue. (T4000.0 TTM-15027)NOTE:
Environmental
Impact Report No. 1204 was previously prepared and certified as complete.MAYOR
COONTZ
OPENED THE PUBLIC HEARING:The Director
of Community Development reported the application is a revision to a previous Council approval
in 1984. There is no change to the tract map. Entry gates and turnaround facilities are
being proposed allowing the streets to be private. Also, a change to the Planned Community text
which would alter the front yard setback development standard allowing up to one-third
of the units to have a side entry, swing-in garage allowing the garage to move closer to
the street. There would be a 10 ft. setback instead of20.
Bob Mickelson, 121 W. Rose, consultant to Standard Pacific and Pacific Ridge Partners spoke in
favor of the project.
Mike White, Project Manager for Standard Pacific, 1565 W. MacArthur, Irvine, reported the side
entry creates a different streetscape.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING
MOTION
SECOND
AYES
Slater Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Page 21
CITY COUNCIL MINUTES April 9, 1996
13. PUBLIC HEARINGS (Continued)
Moved that Environmental Impact Report 1204 was previously prepared and certified as
complete.
MOTION
SECOND
AYES
Slater Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
approve the revision to Tentative Tract Map 15027 as outlined in Planning Commission Resolution No.
PC-11-96.
MOTION
SECOND
AYES
Slater Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve
Zone Change 1180-96 as outlined in Planning Commission Resolution No.PC-12-
96.
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS - None 16. ADJOURNMENT
The City
Council adjourned at 11: 15 p.m. in memory of John Davies, Mayor Orange, Australia,to a
Joint Adjourned Regular Meeting with the Planning Commission on April 16, 1996 at 5:00 p.m.
in the Weimer Room to consider the Seven Year Capital Improvement Program.ASSANDRA 1.
Cr;:Y
CLf.PK d~r
THCART,CMC
JOANNE C. COONTZ MAYOR Page
22