04-11-1995 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April II, 1995
The City Council of the City of Orange, California convened on April II, 1995 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
Given by Councilman Mark Murphy
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting
March 28, 1995.MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater ACTION: Approved.Adjourned Regular Meeting
April 4,
1995.MOTION - Barrera SECOND - Murphy AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
ACTION: Approved.1.4 PRESENTATIONS/ANNOUNCEMENTSIINTRODUCTIONS _ None 1.
5 PROCLAMATIONS
Aproclamation proclaiming Recycle Week,
April 16-23,
1995 was presented to Nancy Gee, Recycling Coordinator for the City of
Orange.2.CONSENT CALENDAR TAPE 195 2.1
Declaration of City Clerk Marilyn
1. Jensen declaring posting of City Council agenda of a regular meeting of April II, 1995 at
Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park
Bulletin Board; 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
CITY COUNCIL MINUTES April 11, 1995
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 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment
of demands.
ACTION: Approved.
2.3 Request for the temporary closure of the 100 block S. Water St. (from Chapman Ave. to
Almond Ave.), for a special event sponsored by the Orange County Fire Authority
OCFA). (S4000.S.4)
FISCAL IMP ACT: None.
ACTION: Approved.
2.4 CLAIMS FOR DAMAGES (C3200.0)
A. Claims from:
I. Margarite 1. Hart
2. Holmes Properties
3. May Lagman
B. Application for leave to present a late claim from:
1. Gary Schulthies
FISCAL IMP ACT: None.
ACTION: Denied claims and application for leave to present a late claim and referred to
City Attorney and Adjuster.
2.5 Request for 'NO PARKING' Exemption on Glendale Ave. between Greengrove Ave. and
Taft Elementary School, initiated by Released Time Christian Education. (S4000.S.3.1.l)
FISCAL IMP ACT: Funds are available in No. 250 Traffic Safety Budget.
ACTION: Approved.
PAGE 2
CITY COUNCIL MINUTES April 11, 1995
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.6 Request permission to advertise Bid No. 945-31 for traffic signal and highway
safety lighting installations at the following intersections: (S4000.S.3.
3)Lorna St. @ Via Escola - Signal Installation
Lorna St. @ "E" Street - Signal Installation Loma
St. @ Serrano Ave. - Signal Installation Loma St.
@ Taft Ave. - Signal Installation Collins Ave. @
California/Lynn St. - SchoolFlasher FISCAL IMP ACT: None.
Nick Lall, 2631 E.
Mabury Avenue, asked if there were any other improvements associated with Loma/Serrano/
Taft intersections since the traffic is heavy at peak rush hours.The Director of
Public
Works/City Engineer reported there were no other street improvements scheduled for this
area. The signals are expected to be operational within six months from this
date.Barbara DeNiro, 1118 E.
Adams, asked if the problems could be identified for the signal installation at Collins Avenue
at California/Lynn Street - School Flasher.The Traffic Engineer indicated this
request was heard by the Traffic Commission approximately eight months ago and
approved by Council. There are twenty children crossing at that location on
a daily basis. The flasher is pedestrian activated.MOTION - Barrera SECOND - Slater AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
ACTION: Approved.2.7 RESOLUTION NO. 8445 A
Resolution of
the City Council of the
City of Orange upholding the recommendation of the Planning Commission of the City of Orange
granting a Conditional Use Permit to allow creation of a planned community with private
streets and controlled access from a public street upon property located along either side
of Lorna Street, north of Serrano Avenue and east of the City of Villa
Park, and adjacent to Southern California Edison's Serrano substation. (C3300.0)PAGE 3
CITY COUNCIL MINUTES April 11, 1995
2. CONSENT CALENDAR (Continued)
Conditional Use Permit 2078-
94 Southern California
Edison ACTION:
Approved.2.8 RESOLUTION NO.
8446 A Resolution of the City Council of the City of Orange upholding the recommendation
of the Planning Commission of the City of Orange and approving the subdivision of
property situated along either side of Lorna Street, north of Serrano Avenue and east of the City
of Villa Park, and adjacent to Southern California Edison's Serrano substation. (T4000.
0)Tentative Tract
15027 Southern California
Edison ACTION:
Approved,2.9 RESOLUTION NO.
8447 A Resolution of the City Council of the City of Orange expressing appreciation to "
Rudy"of the Orange Police Department and commending him for more than five years
ofloyal and dedicated service. (C2500.
K)ACTION:
Approved.2.10 RESOLUTION NO.
8471 A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement. Bid No. 934-34. (A2100.0.
Agr.2265)Location: Fairhaven Avenue and
Yorba Street.L. & R.
Electric, Inc.
ACTION: Approved.2.11 RESOLUTION
NO. 8472 A Resolution of the City Council of the City of Orange approving an application
for grant funds from the California used oil opportunity grant program to expand
existing programs for certified collection of used oil and accompanying education
of residents.C2500.M.
1.l )
ACTION: Approved.
CITY COUNCIL MINUTES April 11, 1995
2. CONSENT CALENDAR (Continued)
2.12 Approve award of contract for the construction of Jamboree Road medians and slope
landscaping in the City of Orange as part of City of Tustin Assessment District 86-
2.A2100.
0)FISCAL IMP ACT:
None ACTION: Moved to hold over award of the contract until the next regular City
Council Meeting on Apri] 25, ]
995.2.13 Approve award of Bid No. 945-29 "Furnish & Deliver Plug Valves & Stops"
to Western Water Works Supply Company, of South El Monte in the amount of $46,
404.69.A2100.
0.Agr2376)FISCAL IMPACT: Sufficient funds have been allocated in Account No.'
s 601-8061-484101-8116 - $17,186.13 (Water Well No. 24)
and 601-8061-484201-8221 -29,218.
56 (Villa
Real Pump Station).ACTION: Approved.2.14 Request Council approve Revision No. 1 to Program Supplement
No. 017 - State Master Agreement for Seismic Retrofitting of the Glassell St. Bridge at
the Santa Ana River.A2100.0.
Agr.0343.P.l)
FISCAL IMP ACT: None ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.REMOVED AND
HEARD SEP ARATEL Y)2.
15 RESOLUTION NO. 8465 A Resolution of the City Council of the City of Orange supporting
the designation of the Orange County Transportation Authority as the
Metropolitan Planning
Organization for Orange County.Councilman Slater reported at a recent League of California Cities
meeting, the cities of Villa Park and Tustin nominated him to be their
Southern California Association of Government representative. At this meeting, it was discussed whether
or not the Orange County Transportation Authority should be the
designated MPO regarding transportation.Councilman Slater felt this made practical sense and should probably
take place. It was suggested Item 2.15 be delayed until the question of
how Councilman Slater should represent these cities has been discussed. The Director of
Public Works/City Engineer indicated the
Resolution could be continued.Bob Bennyhoff, 10642 Morada Dr., commented that SCAG
receives federal monies which are passed on to the County and local cities so this is a very important
issue and should be done
as soon
CITY COUNCIL MINUTES April 11, 1995
2. CONSENT CALENDAR (Continued)
MOTION - Slater SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Moved to
continue this item to April 25, 1995 Council meeting.2.16 RESOLUTION
NO. 8469 A Resolution of
the City Council of the City of Orange authorizing certain Staff to receive State and Federal
Disaster Assistance Funds on behalf of the City for costs associated with the Winter storms
of 1995 (prior to February 13, 1995). (C2500.E.6.2)ACTION: Approved.2.
17 RESOLUTION
NO. 8470 A Resolution of
the City Council of the City of Orange authorizing certain Staff to receive State and Federal
Disaster Assistance Funds on behalf of the City for costs associated with the Winter storms
of 1995 (after February 13, 1995). (C2500.E.6.2)ACTION: Approved.MOTION -
Barrera SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater Items 2.6 and 2.15
were removed and heard separately; all remaining items on the Consent Calendar were approved as recommended.END
OF CONSENT CALENDAR 3.REPORTS
FROM MAYOR COONTZ TAPE
507 3.1 RESOLUTION NO. 8473 A
Resolution of the City Council
of the City of Orange supporting the implementation of Measure A. (OC1300.D.5)Mayor Coontz
reported on November 8,
1994 the voters of the County enacted Measure A which established the El Toro Airport Planning
area and commenced to process to plan for reuse ofEI Toro Marine Corps Air Station as
a civilian airport facility following the closure of the military facility. Voters in the City of
Orange supported Measure A by a margin of 56% to 44%. Media PAGE 6
CITY COUNCIL MINUTES April I I, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
reports indicate that a legal challenge to Measure A will be initiated. This resolution submitted to
Council will demonstrate the City's support for the implementation of Mea sure A as approved by
a vote from the citizens of Orange in the November 8, 1994 election.
MOTION
SECOND
AYES
Mayor Coontz Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Resolution No.
8473 as introduced be adopted and same was passed and adopted by the preceding vote with
the following provision: The City Attorney is authorized to intervene in the defense of a
law suit challenging Measure A if it is determined by the City Manager and City Attorney that there
will be no cost to the City resulting from the City's participation.4.REPORTS FROM
COUNCILMEMBERS TAPE 599 4.] Councilman Slater
reported that at the recent Eastern Transportation Corridor operations meeting there was
a critical vote on whether or not the western leg would be built concurrently with the remainingcorridor. It was a matter ofIrvine participating as it relates to the 1-5 Freeway Interchange. There
was a critical 3-1 vote in favor, with Irvine voting no. Bob Zimel and Helen Wilson
were a great help. Mayor Coontz will represent the City at the Foothill Transpiration Corridor
meeting this week to consider this issue.4.
2 Councilman Slater announced nineteen applications had been received for the Planning Commissionvacancy. Planning Commission Chairman Randy Bosch and Councilman Slater will be
interviewing the candidates.4.
3 Councilman Murphy requested through Mayor Coontz that a draft resolution be prepared opposing
the proposed sales tax increase.Mayor
Coontz preferred this item be discussed in Closed Session because of other issues as they relatetotheOrangeCountyPoolandthereturnofcitymoney.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.
1 Appointment of the following citizens to the Orange Elderly Services, Inc., Board of Directors (
term to expire 4/30/97):Chuck
See, Nick D'Amico, Barbara Resnick, and Richard Alarcon (ORI800,0.2l)MOTION
SECOND
AYES
Mayor
Coontz Murphy Murphy,
Barrera,
Mayor Coontz, Spurgeon, Slater Approved.PAGE 7
CITY COUNCIL MINUTES April 11, J995
6.ADMINISTRATIVE REPORTS TAPE 703
6.1 Report on Orange County Investment Pool.
Mayor Coontz reported this item will be discussed in Closed Session today as well as the need for
the Council to make a decision on options A, B or C ofa contract with the County. Mayor
Coontz expressed disappointment that there is a slash and burn activity going on at the County at
this time, and there has not been the reorganization and restructuring that needs to be done before
a tax increase is discussed. The situation is very serious throughout the County because
eventually, if matters are not resolved by the County Board of Supervisors, the cities will get the
trickle down which will effect all residences, businesses and City finances.
Nick Lall, 623 J Mabury Avenue, asked for an explanation of the options.
The Finance Director eXplained the following options in reverse order:
Option C - If a city takes Option C it indicates to the County that no settlement options will be taken,
the City would litigate for 100% on the dollar for everything that has been deposited in the pool.
The City would not only seek reimbursement but also go after punitive damages, and basically
tells the County all bets are off.Option
B - This is a version of Option C and basically says the City will take as an investor 77 cents on
the dollar in cash now from the pool for everything that has been put in and the City would litigate
for the 23 cents. The County would zero out their liability and obligation to the City for
the 23 cents. If the City would want to pursue the 23 cents, a legal process would have to begin.
Option A -
A group of cities and special districts headed by Paul Brady, City Manager ofIrvine worked together to
work out an arrangement by hiring attorneys to provide a better deal for municipalities. Last Friday,
Mayor Coontz and the Finance Director attended a meeting with Mr.Popejoy and Bruce
Bennett. Option A unfolded as follows: If a City elected Option A, and the County would like
for the cities to do this, a City would get 76.26 cents on the dollar of everything that was
placed into the pool returned immediately by June 5th. In addition to that, the 23 cent balance
breaks down as follows: 4 cents would be in recovery notes; 9 cents in secured settlement claims and
J I cents in repayment claims. The Finance Director explained the breakdown.The County,
as
oflast Friday, has stated two sources of revenue, the ]/2 cent sales tax issue and the user charge
for land fills. These two sources of revenue are essential to make the 4 cent recovery notes valuable.
Prior to Friday, the "good as gold" recovery notes were based on the County's existing
ability to borrow in the market to receive cash. From a policy perspective, if one City opted
for Option A with the understanding that they would get the 76 cents plus the 4 cents (i.e.
80 cents on the dollar), it was assumed they would get it without the landfill charge and without the sales
tax. This is not the case. It was emphasized this information was given out Friday and was
from Mr. Bennett, not the Supervisors. The J I cents repayment claim is based on the County's
ability to repay and it is confusing as to how this would fall in line with the sales tax and land fill
charge.PAGE 6
CITY COUNCIL MINUTES April 11, 1995
6. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz stated that for the County to expect the City to go for a sales tax and at the same
time impose an increased sanitation fee is inappropriate. This sales tax cannot be tied directly to a
payback because the law will not allow this. For recovery, the City could take land in Orange
which is not marketable, but could be used for public work projects. It could not be sold on the
market for retail, commercial or residential purposes. Mr. Bennett, however has prevented
Option A from including this opportunity. The cities should be treated individually to assist the
County in paying off the creditors.
Nick Lall asked if anyone in the City had signed non-disclosure agreements when reviewing
the documents? Mayor Coontz indicated no one had signed any
agreements.Carole Walters, 534 N. Shaffer, asked if a Supervisor wrote a letter to the City of Orange
asking the City to borrow the money to invest in a high risk
fund?Mayor Coontz commented she had not seen a letter. Also controls are in place so no
employee could invest in any high risk fund. The City Manager reported the Treasurer and Finance
Director have a very conservative
approach.6.2 Report on the Orange Chamber of Commerce-sponsored Gogh
Van Orange.P1300.
0.9)The Assistant City Manager reported the staff is recommending conditional approval
of this request occurring on May 6 and 7, 1995. The City's cost is estimated at approximately $
30,000.Meetings were held with the Chamber Committee and many logistical issues have
been resolved.The Police Department and staff are concerned about the serving of hard liquor as well
as wine and beer. The report recommends hard liquor not be served at this event. The Chamber'
s budget is submitted in the report. final approval will require sign offs by all departments,
the Health Department and the Alcoholic Beverage Control Board, The Chamber has agreed that
all costs will be paid by
the Chamber.Mayor Coontz requested the City Manager handle the legal contract concerning the
event and payments with the Chamber
of Commerce.The following people spoke
in favor:Scott Parker, 158 Monterey Road, commented this will be a daytime event to
spotlight the downtown area with emphasis on arts and music. The event will close by 7:00 p.m.
It is projected 20-30,000
people will attend.Brent Hunter, Executive Director for the Chamber of Commerce, stated
previous city policy indicates the City would be reimbursed upon billing. The Chamber can give the
City a 20%deposit towards the estimated costs. It is not possible to pay all
costs up
CITY COUNCIL MINUTES April 11, 1995
6. ADMINISTRATIVE REPORTS (Continued)
Dick Cheshire, 333 N. Glassell, provided the following sponsors: 1) The Orange County
Register $40,000 for three years-inkind; 2) Bergun Brunswick, $lO,OOO-cash; 3) TRW $
7,500-cash; 4) Orange Cablevision $4,000-inkind, $1,OOO-cash; 5) Heublein $5,
000-cash
via Young's Market Company.Councilmembers asked if there was a contingency plan
if sponsorship comes in short?Mr. Hunter remarked there are other things
that will be cut back.Katy Drum, Merchants Association President, 118 S. Glassell, spoke
in favor of the event.Bobbie Cheshire, 6683 Paseo Fiesta, Anaheim
Hills, described the art displays.Judy Schroeder, 1041 Elizabeth Dr., spoke
in favor of the event.Dennis Johnson, President of the Chamber, 1104 E. Del Mar, spoke
in favor of the event.Carole Walters, 534 N. Shaffer, expressed concern that this was brought
to Council at the last minute and should have been better planned. If money is lost
people will be very upset.Police Chief Robertson recommended beer and wine be served
this time, but expressed concern that this was Cinco de Mayo weekend. The Police Department will be at
the
event to secure the streets.Mayor Coontz expressed concern about the first time liquor and indicated if
the beer and wine is successful this time, then hard liquor could
be
considered
for
future events.
MOTION SECOND
AYES Slater Murphy Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater Moved to approve the Orange Chamber of Commerce-sponsored Gogh
Van Orange, the weekend arts and music festival at the Plaza on Saturday, May 6 and Sunday, May
7, 1995. That prior to the event, Gogh Van Orange places 40% deposit with the City of
Orange, that the balance of the money be due within 30 days from the closure of the event, and that
beer and wine only be served. In conjunction with this, the Chamber of Commerce or Gogh Van
Orange is to submit a revised budget to the City Council. The Council's approval is conditional
based on final signoffby Police, Fire, Public Works, Finance, Planning, County Board of
Health and State Alcohol Beverage
and Control
Board.TAPE 3103 URGENT ITEM - Santiago Crossing Project - Tree Removal (Tract
15053)
MOTION
SECOND
AYES Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The need
to discuss this item arose after the posting of the agenda.PAGE 10
CITY COUNCIL MINUTES April 11, 1995
URGENT ITEM - Santiago Crossing (Continued)The
Director of Pub lie Works/City Engineer reported at the February14, 1995 Council meeting a condition
was added to the approval of the Tentative Tract to conduct a tree inventory and evaluate
whether or not any of the existing trees along the north perimeter of the site could be preserved.
Subsequently, the tree inventory was prepared and filed with the City. A grading permit
was issued on the 3rd and the developer began work on April 7th. A phone call was received
by the Director on Saturday that trees were being removed. Obviously, the Arborist's report
was not presented to Council. The tree removal was stopped. A meeting was held with the
developer at the site on April 17th. An additional meeting was held with the arborist, staff and the
developer in the afternoon. Residents have contacted Public Works Department and at that time
the item was agendized. After reviewing the arborist's report and given the conditions on the site,
due to the design of the project with the small lots and layout, it would not be feasible to preserve
any of the trees on the site except those on the southwest corner of the project. Along the
north side, the Eucalyptus trees are a woodland with intermixed trees that range in height from
25 ft. to as much as 70 ft. The rear yards along that boundary have a depth of 25 ft. through most
the length of the woodland area. The lots encroach into this woodland area. These trees pose
a risk to the proposed development. The arborist concluded that if the project is built as designed
and approved, the trees should be removed. The replacement trees were described.Mayor
Coontz commented that the departments need to work together with departmental reviews and
track the project as changes are made by other commissions and the City Council making sure these
changes are followed through.Councilman
Spurgeon remarked he is disappointed that every effort was not made to salvage the trees
in this project as was indicated at the February 14, 1995 Council meeting public hearing when
the project was approved.Robert
Siebert, 1308 Fairway Dr., suggested the problem be fixed now and a new grading plan be adopted.
Steven
King, Van DaeIe Development, 29000 Adams Street, Riverside, commented they were operating
within the confines of the conditions as stated by the Director of Public Works/City Engineer.
The Conditions Covenants &Restrictions (CC&R's) would be enforced by the homeowners
association and Van Daele Development would insert into the document a paragraph referencing
the inclusion of those trees on the west and north perimeter of the project requiring those
homeowners to maintain those trees.Glenn
Ritzmann, 1422 Chalynn, complained there was no dust control by the developer who was not
returning complaint calls. Since there are so many problems with this project, Mr. Ritzmann asked
if the City would pay him for the reduced property value of his home.MOTION -
Barrera Moved to
receive and file.Motion died
for a lack of second.PAGE "
CITY COUNCIL MINUTES April II, ] 995
URGENT ITEM (Continued)
The following motion was given:
MOTION - Mayor Coontz SECOND -
Barrera Moved to
convey to the Design Review Board concern over the loss of all the trees and indicate to them
that the developer has offered to put three to four trees at each residence; include the need for
the preservation of the trees in the CC&Rs; and also to extend the preservation of the trees into
the initiation and development of the homeowners association; and further that the DRB take great
care in the choice of the trees that will be planted.Councilman Spurgeon
commented he would have to vote no on the motion because of condition 7 regarding
trees, the spirit of which is not being complied with.Mayor pro
tem Barrera withdrew his second and the motion died for a lack of a second.The City
Attorney cautioned Council against getting into any legal discussion regarding the rights and obligations
of the parties. It is obvious the Subdivision Map Act limits opening up a hearing which has
been decided because of the rights and obligations of the parties. It could not be done without going
through constitutional due process and also complying with all provisions of the Subdivision Map
Act.Mayor Coontz
suggested this item be discussed in Closed Session as a possible legal matter.Councilman Slater
commented for the record, "If it had been my choice 1 would have rather that this property
had never been developed in the first place and left as open space. Then we wouldn't
have had to face this problem and all the trees except the dead ones could be saved.However, I
feel that the developer has acted in good faith, there is a lot of funds that he has committed to
that are waiting here. It has been stated in the arborist's report that these trees are intermixed, that
they create a forest and I think probably when this was conditioned for approval and development
entitlements were granted the Council should have probably said this is conditioned on
these trees remaining. Now I feel we are too far down the road and I would rather see
these trees saved, too, but I feel that adequate mitigation measures have been put forward and
the developer is willing to do even more than he has stated in the past. We need to resolve this
now for the sake of this project moving ahead. It has been years in the making. Who will pay
for these costs that are being incurred by the developer if we wait?"MOTION SECOND
AYES
NOES
Murphy
Barrera
Murphy, Barrera,
Mayor Coontz,
Spurgeon Slater Moved to continue this
item to
April 25, 1995 Council meeting.PAGE 12
CITY COUNCIL MINUTES April 11, 1995
7. REPORTS FROM CITY MANAGER - None 8.
LEGAL AFFAIRS TAPE 4740 8.
1 ORDINANCE NO. 7-95
An Ordinance of the City Council of the City of Orange amending Section 17.06.020 of the
Orange Municipal Code approving the reclassification of property situated along either side of
Lorna Street, north of Serrano Avenue and east of the City of Villa Park, and adjacent to
Southern California Edison's Serrano substation. (ZC 1172-
94)Zone Change
1172-94 Southern
California
Edison
MOTION
SECOND AYES
Barrera Murphy
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That
Ordinance No. 7-95 have first reading waived and same was set for second reading by the
preceding vote.
8.2 ORDINANCE NO. 8-
95 An Ordinance of the City Council of the City of Orange amending Section 17.90.080 of
the Orange Municipal Code approving a Zone Change Request to allow the reclassitlcation
of property located at 455 South Main Street (Children's Hospital of Orange County) from
O-P Office-Professional District) to P-I (Public
Institution District). (ZI500.
0)Zone Change 1173-94 Haynes and
Oakley
Architects (
representing
CHOCO Realty)
MOTION SECOND
AYES Barrera Murphy Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater That Ordinance No. 8-95 have second reading waived and be adopted and same
was passed and adopted by
the preceding vote.8.3
ORDINANCE NO. 9-95 An Ordinance of the City Council of the City of Orange amending Section 17.
90.080 of the Orange Municipal Code approving a Zone Change request
for modifications to Development Standards contained within the Sycamore Crossing Planned
Community text upon property located on the north side of Santiago Creek between Tustin
Street and
Rosewood Avenue.ZI500.
0)Zone Change 1174-
95 Van
CITY COUNCIL MINUTES April 11, 1995
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance
No. 9-95 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.8.
4ORDINANCE NO. 10-95
An Ordinance of the City Council of the City of Orange amending Title 8 of the Orange Municipal
Code by adding Chapter 8.13 prohibiting the manufacture, sale and use of fireworks. (A2500.0-
Fireworks)
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That
Ordinance No. 10-95 have first reading waived and same was set for second reading by the
preceding vote.
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS - None 11.
RECESS MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater The City Council
moved to continue the following Closed Session items to the end of the 7:00 P.M. Session.
a. Conference with
Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):In
re the Bankruptcy
Petition of County of Orange, U. S. Bankruptcy Court Case No. SA 94-22272 In re the
Bankruptcy
Petition of Orange County Investment Pools, U. S. Bankruptcy Court Case No. SA 94-
22273 Citv of Oranl!
e. et a!. vs. Alabama Treasury. et al., Los Angeles Superior Court Case No. BC 106461 PAGE 14
CITY COUNCIL MINUTES April II, 1995
11. RECESS (Continued)
Citv ofOranl!e vs. Steven D. Wvmer. et al., U.S. District Court Case No. 9221141 SVW
b. Conference with Legal Counsel - anticipated litigation.Initiation
oflitigation pursuant to Government Code Section 549569(c) (two potential cases).c.
Public Employee Appointment - Title: Interim City Clerk Public Employee
Performance Evaluation Pursuant to Contract Title: City Manager 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. INVOCATION
Dale Pilgrim,
Member of the Orange Sister City Association 12.1
PLEDGE OF ALLEGIANCE TO THE FLAG Given by
Councilman Mark Murphy 12.2
ANNOUNCEMENTS - None 12.3 INTRODUCTIONS -
None 12.4 PROCLAMATIONS A
Proclamationhonoring Moscow
International "Planet" School, Visiting Exchange Students and Teachers from
Novo Kosino, Russia presented to Vladimir B. Sorokin,Principal. Mr. Sorokin presented
the Mayor and Council gifts from Russia. Jack Ferraro,President of the Sister
City Association was introduced and commented on the Sister City Program.12.5 PRESENTATIONS -
None
13. PUBLIC HEARINGS NOTE: The
following Items 13.
1 and 13.2 were heard after Item 13.3 at the Council meeting.TAPE 4393-2 13.1
ASSESSMENT DISTRICT
NO. 90-1, CRAWFORD CANYON ROAD, CITY OF ORANGE:Time set
for
a public hearing on petition by the City of Orange to take proceedings to provide for a modification in
the boundaries of the Assessment District and to provide for a reallocation of the PAGE 15
CITY COUNCIL MINUTES Aprilll, 1995
13. PUBLIC HEARINGS (Continued)
costs and expenses to properly reflect the benefits received based upon current land use and
allowable development. The District is generally located between Crawford Canyon Road on the
west, Orange Park Acres on the east, Creekside Avenue on the south and Patria Court on the
north. (TlI00.0.1)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The Deputy City Clerk announced the following notices were given as required by laws: I)
publication of notice of public hearing; 2) mailing notice of public hearing to property owners
within the District and 3) filing amended boundary map in the office of the County Recorder.
The City Engineer gave the staff presentation and reported no protests were received.
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 8467
A Resolution of the City Council of the City of Orange ordering certain changes and
modifications in a Special Assessment District (AD 90-
1).
MOTION
SECOND
AYES Murphy
Spurgeon Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Resolution
No. 8467 as introduced be adopted and same was passed and adopted by the preceding vote.
TAPE 5916-
1 13.
2 LANDSCAPE MAINTENANCE DISTRICT NO. 94-1, FORMATION AND LEVY
OF ASSESSMENTS FOR COSTS OF MAINTENANCE AND IMPROVEMENTS, CITY
OF ORANGE: (A2500.0)
Time set for a public hearing on petition by the City of Orange to consider the formation of
Landscape Maintenance District No. 94-1 and levy of assessments for costs of maintenance
and improvements. The District is generally located along Santiago Creek between Cambridge
Street and Tustin Street. (L1200.
0)MAYOR COONTZ OPENED THE PUBLIC
HEARING.The Deputy City Clerk reported the notice was given in the manner and form as required by
law.A Certificate of Compliance is on file and open for public
inspection.The City Engineer presented the report and reported no protests had been
received.PAGE
CITY COUNCIL MINUTES April II, 1995
13. PUBLIC HEARINGS (Continued)
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 8468
A Resolution of the City Council of the City of Orange ordering work, forming Assessment
District and confirming diagram and assessment (LMD 94-
1).
MOTION
SECOND
AYES Slater
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Resolution
No. 8468 as introduced be adopted and same was passed and adopted by the preceding vote.
TAPE 5916
13.3
ORDINANCE AMENDMENT 4-93, ZONE CHANGE 1166-93, ZONING
ORDINANCE UPDATE, CITY OF ORANGE:
Time set for a public hearing on petition by the City of Orange to consider Ordinance Amendment
4-93, a comprehensive update of the Zoning Ordinance, Title 17 of the Orange Municipal
Code.The proposed amendment reformats the existing zoning ordinance for the entire City and
updates provisions regarding the development review process and zoning district use regulations.
The Amendment also includes development standards and design standards that apply to the
Old Towne Historic District. Also part of the amendment is a proposal to eliminate the
RCD Residential Combining District) overlay zone, and in its place apply a new height
standard throughout Old Towne. Zone Change 1166-93 proposes that all properties within
the RCD overlay district retain their base zone classification only and that the RCD
classification
be deleted.NOTE: Negative Declaration 1437-93 has been prepared to address the
environmental impacts
of this project.MAYOR COONTZ OPENED
THE PUBLIC HEARING.Mayor Coontz requested the City Attorney to respond to a challenge regarding
the notification of the public hearing. The City Attorney responded there was a question
regarding the legal adequacy of the public hearing. The legal notice was examined and it
was legally adequate.Councilman Slater announced that he will be abstaining from Zone Change
1166-93 and any discussion relating to the removal of the RCD or
change of that zoning.The Community Enhancement Manager gave the presentation
reporting, "The zoning ordinance update was originally intended to contemporize the existing
ordinanceby eliminating antiquated lanb'1lage, clarifYing ambiguities, reformatting sections for a more
logical flow and generally making the document more user friendly. The following
revisions have
CITY COUNCIL MINUTES Aprilll, 1995
13. PUBLIC HEARINGS (Continued)
1) Establish a site plan review. 2) Staff review committee 3) Non-conforming provision
which allows two years to reconstruct non-conforming structures if they should be destroyed
by natural causes. 4) Review criteria for site plan and design review. 5) Membership of the
Design Review Board has been modified as directed by Council. 6) Residential Sections - 2 new zones:
R-I-5 and R-I-R zone. 7) Standards regulating the maximum floor ratio (
FAR) in the residential zones.8) Modification to the current lot frontage requirements.
9) Establish minimum open space requirements. 10) ModifY the requirements for planned
community zones and planned unit developments. 11) Update senior housing standards to be
consistent with State law. 12)Change the CP zone to be consistent with the Cl zone in terms of what
uses are allowed in those zones, but not touching the development standards. 13) Old Towne
area - eliminate the RCD and replace that with a 1-1/2 story limit on construction for the entire
old towne area with no requirement for a conditional use permit. 14) Sign
ordinance revisions to be flexible."Mayor Coontz announced the Zoning Ordinance Update will be heard
first and the Old Towne Design
Standards will be heard second.The following people spoke in opposition to
the comprehensive Zoning Ordinance Update:
Ted Williams, 320 N. Olive
Socorro Baca, 313 N. Center
Carole Walters, 534 N. Shaffer
John Volkoff, 365 N. Cleveland Ralph
R. Cortez, 168 S. Parker
Corinne Schreck, 446 N.
James Ruth Kroll, 1229 Lomita T.
J. Clark, 811 E. Chapman Charles
A. Botzum, 453 S. Orange
Ken Brimlow, 652 E.
Culver Lois Barke, 2022 Spruce
Barbara DeNiro, 1118 E. Adams
Ken Milbrat, 308 S. California Their
concerns were expressed as follows:Too many restrictions for property owners. The City should not
dictate to property owners and should continue to shrink the imposition of government on citizens and
act in
a financially and responsible way.Property owners on a fixed income will suffer because of downzoning
which affects
the value of the property.Opposed to the FAR in residential, it is not needed. Property owners
will not be
able to constmct room additions.When there are limits on what can be placed on the property,
it is a down zone.Concern expressed with R-3 and R-4 zoning
that there
CITY COUNCIL MINUTES Aprilll, 1995
13. PUBLIC HEARINGS (Continued)
Everything should be done to maintain the neighborhood concept.
Heavy impaction of apartments in concentrated areas to residential neighborhoods.
Departmental employees can handle DRB's responsibilities.
Speaking in favor:
Lisa Blanc, 368 S. Orange
Anne Siebert, 340 S. Olive
Bob Bennyhoff, 10642 Morada
Shannon Tucker, 556 E. Culver
They spoke on the following:
The amendment is very comprehensive for the whole city.
In favor of the open space the it provides and promotes good growth. It is time to move
forward.
Regarding FAR, people have a right to do what they want with their own property unless they
infringe on some one else's property.
R -1- 5 has enough restrictions.The
update streamlines the process and promotes respectful development in the City.Mayor
Coontz asked the Community Enhancement Manager to provide an example of the FAR.It
was explained if you own a 6,000 sq. ft. R-I-6 zoned lot would be 60 by 100 ft. and
the proposed FAR is .6 FAR (60% of that lot). This would be a total floor area of3600 sq. ft.
This would include a 2-car garage and 3200 sq. ft.
of house.Council discussion ensued relative to the FAR concept. Some people think there will be a
loss of property rights. These issues should be discussed individually to show property owners
they are not losing any rights of
their property.Councilman Slater expressed that he was strongly in favor of invoking the suggested FAR
in the ordinance at
this
time.
MOTION
SECOND AYES Mayor
Coontz Murphy
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to approve Negative Declaration 1437-93 and find that the project will not have a
significant adverse impact on the environment.
MOTION
SECOND
AYES
NOES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon Slater PAGE 19
CITY COUNCIL MINUTES April 11, 1995
13. PUBLIC HEARINGS (Continued)
Moved to approve Ordinance Amendment 4-93 as outlined in Planning Commission
Resolution No. PC-15-94, with the exception of the FAR (floor area ratio) to be returned as
a separate line item. Keep Zoning Change 1166-93, Section 17.14.250
open for further discussion.Mayor Coontz announced the Old Towne Preservation Design
Standards will be
discussed at this time.The Community Enhancement Manager reported the
Historic Preservation Design Standards were originally adopted as guidelines in 1985 and adopted by ordinance as
standards in late 1988.The historic design standards apply only to the Old Towne area and are
intended to enhance the zoning requirements specified in Chapter 17, but as a
separate document. The historic preservation standards are more detailed and design oriented,
defining the architecture and landscaping of the period and setting
standards for their
preservation.Speaking in opposition:Socorro
Baca, 313 N. Center Carole
Walters, 534 N. Shaffer John
Volkoff, 365 N. Cleveland Ralph R.
Cortez, 168 S. Parker Corinne
Schreck, 446 N. James
Ruth Kroll, 1229 Lomita Will
Chambers, 242 S. Olive T. J.
Clark, 811 E. Chapman Charles
Botzum, 453 S. Orange Ken
Brimlow, 652 E. Culver Ken
Milbrat, 308 S. California Eileen
Hertfelder, 720 E. Culver Joe
Willhelm, 469 S. Center Their concerns
were expressed as follows:Guildelines have become goals and are taking away
property rights from homeowners.Mrs. Walters commented that the Old Towne Standards were added on and
made up by Old Towne Preservation Association, Councilman Slater was the
President of Old Towne Preservation and helped to write these and now is voting. It was also
felt that the Planning Department was not cooperative with everyone who wanted to have
some input. Mrs. Walters was concerned that security bars are being banned on the outside of a home. No
one has the right to tell other people what to
do on
CITY COUNCIL MINUTES April 11, 1995
13. PUBLIC HEARINGS (Continued)
Councilman Slater remarked he was the Past President of Old Towne Preservation Association
and very proud of it. The Old Towne Preservation Association has not been writing these
regulations, the staff has. They have given input, but everyone has the right to do that. It's a
shame that so many people come up with misperceptions and misinformation. For the record,
Mrs. Walters at one time actually spoke in favor of downzoning the northwest quadrant in public.
The Planning Department was asked how many laws this would change, and no one knew. --Residential
FARis not necessary for Old Towne.Will
the ornamental bars placed on older homes as they were being built have to be taken off?Building
material costs that are required in the standards are expensive. It was suggested more modern
materials, if they look the same, could be substituted.Opposed
to taking the guidelines and making them mandatory.The
Historic Planner explained when a property owner is adding to an existing or historic structure,
the Design Review Board wants the materials to match in color, texture and materials.When
it is a detached structure, alternate materials can be used.The
Community Enhancement Manager reported if there are existing security bars on homes now,the
City is not going to ask the property owner to remove them. It is proposed that the security bars
not be on the exterior of the building.The
following people spoke in favor:Lisa
Blanc, 368 S. Orange Corinne
Schreck, 446 N. James Ann
Siebert, 340 S. Olive Shannon
Tucker, 556 E. Culver Mary
Ann Skorpanich, 292 Cambridge Their
comments are as follows:The
document is comprehensive, well balanced and makes sense for the historic area.Mrs.
Schreck thanked Council for removing the Certified Local Ordinance and the Certified Local
Government.Old
towne is one of the City's best assets and should be protected. This document makes it clear to
property owners what they can do to their properties. It was suggested that the Certified Local Ordinance
be brought back for further study and more information.It
was suggested that staff have a product list for construction items that are cost effective. The City
should be the access point.It
was asked if the design standards will become an ordinance?Mayor
Coontz responded that the design standards will become part of an ordinance.PAGE
21
CITY COUNCIL MINUTES April II, 1995
13. PUBLIC HEARINGS (Continued)
THERE BEING NO FURTHER SPEAKERS MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
Mayor Coontz noted the fact that there is a much needed glossary, but many words and
expressions throughout the document are not included in the glossary and should be put in
laymen's terms.
For the record: Councilman Slater commented, "I think for the most part the standards are good
and something that are needed. Sadly, however, I want to state for the record that, you know,
several times tonight it was mentioned about incentives. There is not a means in here for
incentives. CLO and CLG is not another layer of government, it is an opportunity for people who
wish to voluntarily take advantage of tax credits, grants and so forth. Right now there are no
means for people to use them even on a voluntary basis. I'm willing to see this go through
without those. I hope they would continue to be studied by staff. In the meantime I think I
would be willing to vote for a continuance on this. The only thing that really does concern me
and I would echo your points, Mayor, is with regards to some of the language, simplifYing it. I
would also only be in favor of continuing this if we could set a time certain where this would
come back because six years is long enough. "
MOTION
SECOND
AYES
Mayor Coontz Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
create an ad hoc committee composed of Mayor Coontz, Councilman Murphy and Bill Cathcart, Planning
Commissioner, to review the Old Towne Design Guidelines in respect to the many references
which cannot be understood such as "significant buildings." The Ad Hoc Comittee welcomes
lists from the community. The Ad Hoc Committee will review materials,color requirements
and any other requirements that are either punitive or not understood. This item to
return to Council on May 9, 1995.MOTION SECOND
AYES
Murphy
Barrera
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to amend the original
motion on the Zoning Ordinance Amendment except for the FAR returning to Council on May
9, 1995 for that issue.MOTION - Murphy SECOND - Spurgeon AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon ABSTAINED -
Slater Moved to approve Zone Change 1166-
93 as outlined
in Planning Commission Resolution No.PC-16-94.PAGE 22
CITY COUNCIL MINUTES Aprilll,1995
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS Tom
O'Neil, 870 N. Lynn, complained that his street is only swept once and two blocks away the street
is swept twice. Mr. O'Neilasked why this was happening.Mr.
O'Neilasked why is there a red light located on Wanda Street that stops traffic yet on Collins Avenue,
a much higher speed street there is only a flashing yellow light.Mr.
O'Neilcommented on the shopping cart issue.Mayor
Coontz directed staff through the City Manager to address Mr. O'Neil's various concerns.NOTE:
The City Council recessed at 10:25 p.m. to a Closed Session. (See page for items.)16.
ADJOURNMENT MOTION
SECOND
AYES
Murphy
Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council
adjourned at 12:01 a.m. to an Adjourned Regular Meeting on April 17, 1995 at 4:00 p.
m. in the Weimer Room regarding right-sizing for the 1995-96 Budget and the Orange County
Investment Pool.MARILYN
J. JENSEN MARILYN
1. JENSEN, CMC CITY
CLERK 7
j
OO~~
Z MAYOR
J~
f&~A:;{CASSANDRA
J. GfATHCART, CMC DEPUTY
CITY CLERK PAGE
23