05-09-1995 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 9,1995
The City Council of the City of Orange, California convened on May 9,1995 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 Mayor Joanne Coontz
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVALOF MINUTES Regular Meeting
April 25, 1995.MOTION - Barrera
SECOND - Spurgeon AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater ACTION: Approved.Adjourned Regular Meeting
May 2,
1995.MOTION - Murphy SECOND - Barrera AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
ACTION: Approved.1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None
1.5
PROCLAMATIONS Proclamation in recognition of National Public
Works Week May
21-27, 1995 was presented to Harry Thomas, Director of Public Works.
The following Proclamation was added to the Agenda:
Proclamation in recognition of Emergency Medical Services Week, May 14-20, 1995
was presented to Fire ChiefRudat.ChiefRudat introduced the City of Orange Firefighters
that were sent to Oklahoma City as part of the Urban Search Task
Force to assist in the rescue efforts.PAGE 1
CITY COUNCIL MINUTES May 9,1995
2. CONSENT CALENDAR
2.1 Declaration of Deputy City Clerk Cassandra 1. Cathcart declaring posting of City Council
agenda ofa regular meeting of May 9, 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.
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 City Council approve Amendment No. 1 to Cooperative Agreement No. C-
95-515 for the construction of the Fairhaven Ave. overcrossing of the Costa Mesa (
SR-55)Freeway. (A2100.0.Agr.
2179.1)FISCAL IMPACT: Measure M - Growth Management Area 3 and 7.
Supplemental funds in Capital Improvement Program (DPW 3194N) using Transportation
System Improvement Program - Area B funds in years 1996-
98.ACTION: Approved and authorized Mayor and City Clerk to execute on behalf of
the
City.REMOVED AND HEARD
SEPARATELY)2.4 Recommendation from the Planning Commission that the City Council file a
protest regarding a proposal to the Federal Communication Commission to preempt
local regulations regarding the placement of cellular antennas. (A2500.0-
Antennas,Cellular)FISCAL
IMPACT: None.The Director of Community Development explained the
Planning Commission recommended Council send a letter to the Federal Communication
Commission to establish the City's objection to the
FCC control.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES May 9,1995
2. CONSENT CALENDAR (Continued)
2.5 CLAIMS FOR DAMAGES FROM: (C3200.0)
a. Viquar Ahmed
b. Donald D. Greek
c. DGA Consultants, Inc.
FISCAL IMPACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
NOTE: Councilman Spurgeon abstained from this item.
2.6 Request Council approve final Tract Map No. 14752 and accept the following dedications
as offered: (T4000.0)
I. Easements for bridge, sewer, water, sanitation and ingress and egress.
2. Easements for utility ingress and egress over Lot 2.
3. Lots 2, 4, and "C" through "F" inclusive in fee simple. Said parcels shall be utilized as
a part of the Santiago Creek open space green belt.
FISCAL IMPACT: None.
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
2.7 RESOLUTION NO. 8476
A Resolution of the City Council of the City of Orange amending Resolution No. 8462
which approved a Conditional Use Permit to allow a planned unit development and
creation of lots without direct access to public streets upon property located on the north
side of Santiago Creek between Tustin Street and Rosewood Avenue. (C3300 0 CUP
1088-
94)The Director of Public Works explained that the additional conditions regarding
the placement of trees in the rear yards along the northerly property line and installation
of individual irrigation systems are part of the landscape plan required which has
been submitted and approved by the Design Review Board. This plan must conform to
those requirements prior to the issuance of any building permits for the
project.MOTION - Mayor Coontz
SECOND - Spurgeon AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Moved
to adopt Resolution No. 8476.PAGE 3
CITY COUNCIL MINUTES May 9,1995
2. CONSENT CALENDAR (Continued)
2.8 Request Council approve and authorize the award of Bid No. 945-22, Furnish and
Deliver aBackhoe/Loader, to Staben Equipment Co., Oxnard CA., in the amount of $52,424.
00 and reject all other bids. (A2100.0.Agr.
2385)FISCAL IMPACT: There are sufficient funds in account no. 720-
5023-472102 (
Vehicle Replacement Fund).ACTION: Authorized Mayor and City Clerk to execute on behalf
of the City.2.9 Request to reject all bids received for the modification of the traffic
signal and safety lighting at the intersection of LaVeta Ave. and Glassell St. - Bid.
No. 945-27.S4000.
S.3.3)FISCAL IMP ACT: No net impact as the project will have
to be
re-advertised.ACTION: Approved.2.10 Request permission to advertise for traffic signal and safety
lighting modifications Bid No.945-34, at the intersection of La Veta Ave. and Glassell
St. (S4000.S.3.3)FISCAL IMP ACT: Hazard Elimination Study
Program (RES) Grant will provide
necessary funds
for the work.ACTION: Approved.2.11 Request authorization to approve a Homeowner
Participation Grant and authorize the Finance Department to prepare a warrant in the amount of$I,087.50. (
C2500.G.1.3.1)FISCAL IMPACT: Funds are
available in Account No. 316-6053-
427800-1221
Homeowner Participation Grant). Case No. 584.ACTION: Approved.2.12 Request authorization to
approve a Homeowner Participation Grant and authorize the Finance Department to prepare a warrant in the amount of$
2,000.00. (C2500.G.1.3.1)FISCAL IMP
ACT: Funds are available in Account
No. 316-
6053-427800-
CITY COUNCIL MINUTES May 9, 1995
2. CONSENT CALENDAR (Continued)
MOTION - Barrera SECOND -
Slater AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Items 2.4
and 2.7 were removed and heard separately. Councilman Spurgeon abstained on Item 2.
5. All remainingitems on the Consent Calendar were approved as recommended.END OF
CONSENT
CALENDAR 3.REPORTS FROM
MAYOR COONTZ TAPE 670 3.1 Request
the City Attorney to codify the City's Investment Policy into the Orange Municipal Code. (A2500.
0-Investment Policy)Mayor Coontz
reported it has come to her attention that the Jeffers' report regarding recommendations as
to how the investments are handled in the City of Orange was approved by the City
Council through motion only. Follow through on the important issues of investment policies and
procedures should not be addressed only through motions of the City Council. The issues need
to be legally strengthened through Resolutions of the Councilor Ordinances.On February
14, 1995 the City Council requested the City Manager bring back dates for expected completion of
the Jeffers' recommendations. A brief oral report was given on February 28th but the nine
items were not addressed except for the establishment of the Investment Advisory Committee.The
following
motions were given:MOTION SECOND
AYES
Mayor
Coontz
Spurgeon Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to direct the City
Attorney to prepare an ordinance setting forth: 1) General requirements regarding the Statement ofInvestment
Policy and, 2) Authority of the City Council to adopt or amend a
Policy by Resolution.MOTION SECOND AYES Mayor Coontz
Murphy
Murphy,
Barrera,
Mayor Coontz, Spurgeon,
Slater
Moved to direct the Investment Oversight Committee
to report on their progress in implementing the recommendations of the Jeffers' report as
adopted by the City Council on February 14, 1995.PAGE 5
CITY COUNCIL MINUTES May 9,1995
3. REPORTS FROM MAYOR COONTZ (Continued)
MOTION
SECOND
AYES
Mayor Coontz Murphy
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to direct
the City Manager to move forward with the request of the City Council and to consider strengthening recommendations
of the Jeffers' report through Resolution or Ordinance under advisement by
the City Attorney. The City Manager will report back to the City Council with a written
report in 30 days.3.2 Report
on the Northwest Redevelopment Area. (R3500.0.7)Mayor Coontz reported
the Northwest Redevelopment Area is a major land use area in the City of Orange. The
importance of moving this study forward is heightened by aggressive planning underway by neighboring
cities. If Orange does not move forward to implement its own economic development goals
and visions for the northwest area, the City will be left in a reactionary mode as
before, rather than a progressive mode. Orange needs to take a proactive approach to ensure
a continued economic competitiveness for the community.One of the
things that seems apparent is the Katella Avenue Corridor which has the greatest economic development potential.
The City's ability to complete the study in a timely manner may best be served
by focusing the City's efforts on that corridor. The City Manager was instructed to move the northwest
project forward and pull out the Katella Corridor which connects it to what the City of
Anaheim is planning.The Director of
Community Development indicated staff is moving forward with a marketing study and is
proposing to return to Council in June to present options on how to approach this in a more streamlined,
aggressive manner.Councilman Spurgeon remarked
for the record: "We should be working very closely with our friends from the
City of Anaheim. We have a lot of mutual activities, not only in the northwest area, but at
the Orange Drive-In area, called the Platinum Triangle. As the City of Anaheim goes forward the
City of Orange has to be working very closely with them, not only in this area, but the entire area
so we are not going off in different directions at the same time. "3.3
Brief Report on Theo Lacy Jail Agreement. (OCI300.J)TAPE 910 Mayor Coontz
presented the following deal points on the Theo Lacy expansion negotiations:I. Ultimate
capacity of2,986 2. Maximum
security prisoners - 1,152 3. No release
of maximum security prisoners from Theo Lacy 4. No off-
street booking of inmates 5. Special
officers for security 6. Visitor
parking south ofTheo Lacy PAGE 6
CITY COUNCIL MINUTES May 9,1995
3. REPORTS FROM MAYOR COONTZ (Continued)
7. Work with OCTA to expedite transportation
8. Road funds for access improvements to shopping center - $3 million 9.
Relocation of animal shelter - $6 million 10. Waive
jail booking fees for Orange - $250,000 annually 11. Urban park
funds - $500,000 over 4 years 12. HCD funds - $500,
000 13. Various incentives related to
real property These are proposals that Supervisor
Steiner has worked out with the City of Orange as a basis for resolving the latest lawsuit, City
of Orange vs. County of Orange. The lawsuits over expansion have gone on for at
least five years. The goals of the agreement are to cap the number and type of inmates, to provide outside
security to the community, allay any concerns of the business community (Mayor Coontz has made
sure that the Mills Corporation and Bergen Brunswig have visited the jail to understand
the extent of the security system) and provide economic incentives for the West end of
Orange.The City Manager reported the
City is currently negotiating for some tradeoffs in terms of real property. The locations cannot be
disclosed at this time, however there are some major incentives that relate to real property.
4.REPORTS FROM COUNCILMEMBERS TAPE
1021 4.1 Report from Councilman
Murphy coucernjng Council position on Measure R.OC1300.0)Councilman Murphy reported
that it
is important for the City to take a positive step forward and adopt a resolution in opposition
to Measure R which is on the ballot for a proposed sales tax increase in June. Councilman Murphy
commented he has yet to see an increase in taxes ever solve a financial problem, and
did not think this instance would be the landmark decision. There are other options and opportunities
for the County to solve the financial issues they face.Carole Walters, 534 N. Shaffer,
President of the Orange Taxpayers Association and Vice-Chairman of the Committee of
Correspondence, expressed comments in support of Council's decision to oppose Measure R.
MOTION SECOND AYES Murphy Spurgeon
Murphy,
Barrera,
Mayor
Coontz,
Spurgeon, Slater
Moved to adopt a resolution at the
May 23, 1995 Council meeting opposing Measure R.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -
None PAGE 7
CITY COUNCIL MINUTES May 9,1995
6.ADMINISTRATIVE REPORTS TAPE 1107
6.1 Report on Orange County Investment Pool. (C2500.F)
Mayor Coontz announced the City had received communication from Mr. Popejoy requesting
additional information on the list sent to the County on possible parcels for land swaps. There is
land throughout the County that could be traded for money, covering the remaining 11 % owed to
the City, which would put the City out of the alignment for the bankruptcy. A City team is
working on this parcel list. Mayor Coontz indicated the County could pay the City off in kind.
These parcels could be used for any number of activities.
The City Manager reported there are new appraisals being conducted by the County on the
parcels at this time, however tl1e City will have a chance to comment on this.
The City Attorney announced a letter was received from Patrick Shay, legal counsel for the Pool
Participants Committee, proposing modifications to the Settlement Agreement with the County of
Orange. The Council previously approved the Settlement Agreement, Option A on April 17,
1995. There are housekeeping items such as incorrect cross references to sections, incorrect
terminology and minor editing. The City Council must take action on this prior to May 12th in
order to receive distribution of the City's funds (approximately $22 million) at 9:00 a.m. on May
19th.
MOTION
SECOND
AYES
Spurgeon Slater
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve
the modifications as outlined by the City Attorney and authorize the Mayor and City Clerk
to execute the modifications.6.2 Recommendatiou
regarding replacement of PRIME minicomputer and implementiug Phase I
of a multi-phased MIS plan for the City of Orange. (Continued from April 25,
1995.) (C2500.J.2)NOTE: Councilman
Murphy removed himself from discussion of this item.The City
Manager recommended this item be pulled from the Agenda and discussed at budget sessions.MOTION -
Mayor
Coontz SECOND - Barrera AYES -
Barrera, Mayor Coontz,
Spurgeon, Slater ABSTAINED - Murphy Moved to remove
this item from
the Agenda.PAGE B
CITY COUNCIL MINUTES May 9, 1995
7. REPORTS FROM CITY MANAGER - None 8.
LEGAL AFFAffiS TAPE 1302 8.
1 ORDINANCE NO. 11-95
An Ordinance of the City Council of the City of Orange, revising regulations pertaining to food
handling businesses and health services fees. (A2500.0-Food Handling
Facilities)Discussion: Mayor Coontz indicated there is an implication in the Ordinance that says the
County can charge fees. The City Attorney explained the fees would be charged only for the
reasonable cost of providing regulatory service. There would be a limitation on the fees they could
charge,but the fees would be set by Resolution of the Board of Supervisors. In order to enforce
these laws in Orange, the Council needs to adopt the County's Resolution which sets forth the
standards for this type of regulation. The County provides the Health Officer for the City. The
Health Officer has an office at City
Hall.Council requested the County provide a presentation on the clarification offees at the
second reading of the Ordinance scheduled for May 23,
1995.
MOTION
SECOND
AYES Barrera
Murphy Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 11-95 have first reading waived and set for second reading by the preceding vote.
Council requested a presentation by the County Health Officer on May 23, 1995 which is the
date the second reading of the Ordinance is scheduled for adoption.The
City Attorney advised if there is a change at the second reading, there would be an amended first
reading, starting the process over. The City Clerk was asked to remind Council of this advisement.
9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Will
Fitzpatrick, 18552 Spring St., Orange, head of Fat Man Productions, thanked the Mayor and Council
for their support for the car show held downtown last month. Mr. Fitzpatrick thanked all the
City employees that assisted with the production of this event.Carole
Walters, 534 N. Shaffer, complained about an incident that occurred to Herb Caster, who asked
Mrs. Walters to bring this to Council's attention. Mr. Caster had permission to collect newspapers
from residents at 416 S. Olive and the house next door. He was stopped by George who
indicated he was with the Orange Police Department and was very rude. City employees should
say what department they work for and if they do not work for the Orange Police they PAGE
9
CITY COUNCIL MINUTES May 9,1995
10. ORAL PRESENTATIONS (Continned)
should state that. Mr. Caster should not have been harassed and the City should apologize. The
property at 416 S. Olive Street belongs to Corinne Schreck who had given Mr. Caster permission
to collect the newspapers. Also, no City officials have the right to come onto anyone's property.
The City Manager directed Police Chief Robertson to correct the problem.
Barbara DeNiro, 1118 E. Adams, asked what happend to the satellite in the Council Chambers.
Mayor Coontz indicated it had been there on a temporary basis to test the sound system.
Ms. DeNiro complimented the Public Works Department for their street and sidewalk repairs on
Adams Street. Ms. DeNiro also thanked the Council for their opposition to Measure R.
Ms. DeNiro commented on the dangerous situation created by push cart vendors selling ice cream
near California Elementary School. She asked what the City is doing about vendors and why are
they there? Also, the crossing guard at the school location needs to be more cautious about cars
when it's time to take the children across the street.
The Director of Community Development indicated they are illegal and Code Enforcement will
handle the situation.
Ms. DeNiro asked about Council taking a stand on the landfill issue.
Mayor Coontz indicated this decision will come to the Integrated Waste Management meeting
next week and she will be voting on this issue along with the proposed gate fee increase.
11. RECESS
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council
recessed at 5:40 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel - existing litigation pursuant to Governn1ent Code Section 54956.9(a):City
of Orange vs.
Orange County Sheriff, Orange County Superior Court Case No. 72 97 18 Kenneth Agee and Connie
Gibson vs. City of Orange, Orange County Superior Court Case No. 742327 In re
the Bankrnptcy
Petition of Connty of Orange, U. S. Bankruptcy Court Case No. SA 94-22272 In re the
Bankruptcy
Petition of Orauge County Investment Pools, U. S. Bankruptcy Court Case No. SA 94-
22273 PAGE 10
CITY COUNCIL MINUTES May 9, 1995
11. RECESS (Continued)
b. Conference with Legal Counsel - anticipated litigation.Initiation
oflitigation pursuant to Government Code Section 549569(c) one potential case).c.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiator: Interim 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.
INVOCATION Dave
Hill, Incoming Chairman, Christian Businessmen's Committee of Orange.12.
1 PLEDGE OF ALLEGIANCE TO THE FLAG Given
by Mayor Joanne Coontz 12.
2 ANNOUNCEMENTS Mayor
Coontz announced the meeting will be adjourned in Alice Clark's memory.12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS -
None 13. PUBLIC HEARINGS 13.
1 FLOOR AREA
RATIO (FAR), CITY OF ORANGE:TAPE 2325 The public hearing to
consider the Floor Area Ratio (FAR) portion of Ordinance Amendment 4-93 has been continued
from April II, 1995 to this date. (A2500.0)NOTE: The public hearing
was closed.The Director of Community
Development reported no one had inquired about how the FAR would impact their property
during the past few weeks. Resolutions and ordinances will be presented to Council at
a future meeting that will enact the zoning code, which is structured to take effect August I,
1995.PAGE 11
CITY COUNCIL MINUTES May 9,1995
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Murphy
Slater Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
approve the Floor Area Ratio and add this to the previously adopted document.13.2
OLD TOWNE DESIGN STANDARDS The public
hearing to consider the Old Towne Design Standards has been continued from April 11, 1995
in order for the ad hoc committee to present a revised document.The Director
of Community Development indicated the Mayor's ad hoc committee met and made modifications to
the standards. Within the past few days Council received a marked up version which gives
a comparison of with was before Council at the last meeting.Mayor Coontz
indicated the reason this was postponed was that members of Council felt some of the language
was unclear, points were unfriendly and unnecessary philosophy statements. The document is
shorter by six pages and is more user friendly.MOTION SECOND
AYES
Murphy
Barrera
Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved to reopen the
public hearing.The following people spoke
in opposition:Carole Walters, 534 N.
Shaffer Corinne Schreck, 446 N.
James Will Chambers, 242 S.
Olive T. J. Clark, 833
E. Chapman Chuck Ebert, 235 S.
Loretta Mike Alvarez, 360 S.
Glassell Robert Smith, 122 S.
Glassell Eileen Hertfelder, 720 E.
Culver John Volkoff, 365 N.
Cleveland The following questions were
asked:People have not seen
the new revisions, there was not enough time to review the revised document. Opposed to more
regulations.Take shall and should
out of the document.This should have been
an incentive based ordinance instead of a regulatory ordinance.PAGE 12
CITY COUNCIL MINUTES May 9, 1995
13. PUBLIC HEARINGS (Continued)
Pg. 29, Item 4, Contributing Buildings and Significant Facades- Question: Where will a person
know what is significant and what is contributing - will they be told by someone at City Hall or will
a Realtor tell people because of the new disclosure laws? The Director of Community Development
responded Contributing buildings is defined in the Glossary, the Significant Facades is
not. The section refers to the main faces of the building. The public would be made aware of this
at the public counter at City Hall. A person well versed in real estate law would have to respond
to the latter question.Pg.
29, Front Entrances and Porches, Letter C, Number 2-Enclosures - Question: Wanted to make
sure that what is stated here, "no enclosed porches, just mesh screen," is correct. Mayor Coontz
stated this was changed from no enclosures, the mesh screen was included on the Craftsman,
Victorian and California bungalows where they fit architecturally.Pg
29, Windows and Doors, D, Item 1, Front Facade Openings - Question: Many houses in Old Towne have
two doors in the front - why is this so restrictive with one door? Councilman Murphy explained it
is not. The idea was to not cut dual front doors in a facade. It was not to restrict someone to
go from a single door entry to a double door entry.Page 29, Item
2, Ornamental Bars and security bars are on the front of T. 1. Clark's home at 811 E. Chapman - Question:
Why is this put in here? If you have that architectural style you should be able to put
them anywhere, especially for security. Also, No.3 Shutters. Mayor Coontz indicated it was changed,
and meant on the face of the building the shutters need to look like they are shutters.Pg 32,
Color, Item
5 - Question: What does dominant color mean? The Director of Community Development indicated it was primary
color with trim color.Pg 33, Landscape Standards, Item
8, Fences B Number 2 - Question: Does this mean that a dog-eared fence cannot be used? The
Director of Community Development answered yes. Houses of newer architectural style (after 1940) can
they have a dog-eared fence? The Director of Community Development answered yes.Pg
34, Parkway, Street Trees -
Question: Which street will have only one choice?The Planning Manager indicated this has
to do with the Public Works Standards which has a set list of street trees. There are
some streets that will have one predominant street tree.Pg 5 - Ordinance goes into detail
on construction, colors, but the objective to protect and stabilize property values is still there, but
nothing on how it will be done.Pg 8 speaks to long term property
rights - same issue as Pg. 5.PAGE 13
CITY COUNCIL MINUTES May 9,1995
13. PUBLIC HEARINGS (Continued)
Pg. 29, Item 2, B-1 - This ordinance takes away property rights for R-4 owners in Old Towne.
It says you cannot build higher tl1an 1-1/2 stories. Yes, the property owner can ask for
a conditional use permit at great expense to the property owner, but with no guarantee that
the property owner will get
it.The Director of Community Development responded that there is a requirement in the R-
2 zone for a conditional use permits in certain instances for 2-story development. There is
also in the RCD overlay a requirement for CUPs for all 2-story development.
This gives some additional height beyond what those may allow currently. It does standardize
the requirement of when CUPs are required for 2-story construction. This would be the requirement
on any lot in Old Towne over 1-1/2 story. Today an R-410t does not require
a CUP for 2-story. R-3 and R-4 would have the same standard. R-
l does not require a CUP for the additional height. The rational is to
standardize the requirement because of concern for 2-
story construction within the Old Towne area from privacy and view perspectives.Pg 32 - Building Design, Part C -
This ordinance says that 4 houses away from Mr. Chambers they shall build high density
and upzone as required in the Depot area Specific Plan.The Director of Community
Development responded that there are specified uses in the Specific Plan and this means, development within that
area has to comply with the plan. The Specific Plan goes up to Maple/
Chapman, railroad tracks to the west, Chapman on the south.Pg 37, Historic Structures - The
ordinance indicates any historic structure is any structure built prior to 1940. This is a
way to bring a lot of property
under control.Parapet walls section should include public safety.There have been problems with the Design
Review Board - Two property owners are trying to make these type of changes
and have been before the DRB 6 times.It was recommended
the standards be sent back to another workshop.Pg 16, Anchor Bolts - 4 B - These are hard to find, no
one knows where to find them.Pg 29,5 B Number 1, Height and Mass - In Old Towne there is
a privacy problem with 2-story,but out of the mile square 2-story doesn't cause
any privacy problems. How does that work?The Director of Community Development indicated this issue
has evolved over time in terms of sensitivity to people within the community. "Old Towne is
certainly an area of perhaps a little more density that other areas in the City and it has been given
a higher priority in a certain portion of the community. Perhaps, as we go through time
and these other neighborhoods evolve into the future there will be additional standards that those communities
may ask
for at
CITY COUNCIL MINUTES May 9,1995
13. PUBLIC HEARINGS (Continued)
Speaking in favor:
Shannon Tucker, 556 E. Culver, commented in support of the revisions and the efforts of the
committee to simplifY the language. Ms. Tucker supported having some type of in-
house reference or list of unusual and hard to find items, possibly through the
Library.Mayor Coontz announced any further concerns or questions are to be submitted to Councilor
the Director of Community
Development.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE
PUBLIC
HEARING.
MOTION
SECOND
AYES
Murphy Spurgeon
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to continue this item to June 13, 1995. The Committee to meet on May 24th to review the
document, with the release of the next document on May 30th allowing a 2-week review. The
City Clerk was instructed to notifY Ms. Tucker, representing the Old Towne Preservation
Association, Mrs. Walters, representing the Orange Taxpayers Association, and Mr. Alvarez
representing the downtown property owners.
13.3 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, CITY
OF
ORANGE:Time set for a public hearing on petition by the City of Orange to consider
funding recommendations and receive public comment regarding the City of Orange 1995-
96 Community Development Block Grant (CDBG) Program. The City proposes to request
and receive 1,506,000 ofCDBG funds and carry over $100,000 for fiscal year 1995-96. (C2500.
G.1.3)MAYOR COONTZ OPENED
THE PUBLIC HEARING.The CDBG Manager explained the following requests and recommendations
from the committee:1995-1996 COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING REQUESTS AND
RECOMMENDATIONS AMOUNT OF FUNDING
REOUESTING AGENCIES
REQUEST RECOMMENDATION
CITY DEPARTMENTS Community
Development Administration and Contingency Fair Housing
Council (Fair
Housing Program)Community
Senices Graffitti Removal Program Prospect
SchoollKillefer Park
Conununity Program Economic Development Section 108 Program -
Business Loan Program 283,
613 $ 2t8,441 17,
587 17,587 39,
826 * 39,826 29,
325 * 24,437
105,000 -
CITY COUNCIL MINUTES
Fire
Fire Prevention Specialist-Code Enforcement! Public
Education
Personnel ADA Improvements City Bnilding
Entrances Police - Foot Patrol
Public Works
ADA hnprovements - Curbs (various locations)Storm
Drain Construction (Batavia Street)Storm
Drain Construction (Glassell Street # I)Storm
Drain Construction (Glassell Street #2)Storm
Drain Construction (Maple Avenue)Street
Reconstruction (Palmyra Avenue)Street
Reconstruction (Sycamore Avenue)Street
Reconstruction Project (Washington Avenue #1)Street
Reconstruction (Washington Avenue #2)Waterline
Replacement Project (Palmyra Avenue)Subtotal
NON-
PROFIT AGENCIES
ARK. Senices for Abused Children
Counseling Program
Assessment and Treatment Services Center
Juvenile Diversion Program
Assistance League of Orange
Dental Health Center
Blind Children's Learning Center
In-home Infant
Program Council of Orange County Society of St Vincent De
Paul Friends Outside Job
Project EpiscopalSen'ice
Alliance Beacon House - Administration
Martha House ~ Administration
Jewish Family Senices of Orange County
Homeless Families Project
Lampson Elementary School
Heart to Heart Program - Facility Rent Heart
to Heart Program - Family Counseling Heart to
Heart Program - Program Coordinator Lutheran Social Services
of Southern California Christian Neighbors - In-
home Rehabilitation Computer Education Program
for Homeless/At-Risk Youths Helping Our
Mentally III Experience Success (RO.ME.S.)Riley House
Rehabilitation Mariposa Women'
s Center Substance Abuse
Counseling Mental Health
Association of Orange County Clean Team
Expansion Olive Crest
Homes and Services for Abused Children Rehabilitation of
Olive Crest Group Homes Orange Children &
Parents Together, Ine.Head Start
Program Student Transportation Orange County
Council on Aging Ombudsman Program
YMCA of
Orange Urban Peace
Corps Subtotal GRAND
TOTAL
May 9,
1995 44,825
44,825 10,000
77,010
10,000
77.010
143,000
68,920
211,680
502,880
3,920
206,080
67,760
81,312
92,400
142.000
2.127.
138 143,000
68,920
211,680
0-3,
920
206,080
67,760
8],312
92,400
42.000
1.449.
198 5,000 *
5,000 25.000 -
0-5,448 -
0-10,715 -
0-10,000 -
0-17,500 *
5,000 17.500 *
5,000 17,771 -
0-12,552 *
12,552 7,950 -
0-7,800 -
0-2,000 -
0-10,000 -
0-3,529
3,000 10,000 -
0-12,500 -
0-23,000
14,000 10,000 -
0-4,000 *
4,000 8.250 *
8.250 230.515 $
56.802 2.357.
653 $ 1.506.000 lndicates Public
Service Activities totalling $225,900.PAGE 16
CITY COUNCIL MINUTES May 9, 1995
13. PUBLIC HEARINGS (Continued)
The CDBG Manager reported there is a project called the Small Business Loan Program
proposed by the Economic Development Department. They are proposing to return to Council at
a later date providing a full presentation of their proposal.
The following people spoke:
Melinda Guinaldo, 781 N. Carhart, Fullerton, Executive Director of Assessment and Treatment
Services Center (ATSC), indicated they had applied for a $25,000 CDBG to fund salaries for their
mental health counseling agency for children. This request was denied. Ms. Guinaldo indicated
they were not aware ofHUD's requirement relating to low to moderate income families. This has
been rectified and Ms. Guinaldo reported in 1994 ATSC counseled 160 families from the City of
Orange. Of that, 63% were from low to moderate income families. It is ATSC's desire to fix the
families so they can be successful for the rest of their lives.
John Schlemmer, 777 S. Main, Suite 200, Orange, St. Vincent De Paul's Outreach Job Program,
requested CDBG funds and indicated last year they reached out to more than 198 kids training
them in how to apply for jobs.
Beverly Nestande, 1800 E. Heim Ave., Olive Crest, thanked the Council and the CDBG
Committee for the funding they have received.
The CDBG Manager was asked by Council what percentage of the students attending Lampson
Elementary School live in the City of Orange. It was indicated the Heart to Heart Program serves
a total of300 families, of those, 140 families are Orange residents and are low to moderate
Income.
Mayor Coontz suggested having a general meeting where everyone that applies for grant funds
would have an opportunity before the deadline application to attend and hear what the stipulations
are for the program.
The City Council thanked the CDBG Committee for all their efforts.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Slater Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve
the proposed City of Orange 1995-96 CDBG Program as recommended by the CDBG Committee.
PAGE 17
CITY COUNCIL MINUTES May 9,1995
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Mayor Coontz Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to authorize
staff to request and receive $1,506,000 in 1995-96 CDBG funding from the United States
Department of Housing and Urban Development.MOTION SECOND
AYES
Mayor
Coontz
Murphy Murphy, Barrera,
Mayor
Coontz, Spurgeon, Slater Moved to approve the
request from the Economic Development Department to carry over the 1993-94 funding allocation
of$100,000 for the Small Business Loan Program.14. PLANNING AND
ENVIRONMENT 14.1 DESIGN
REVIEW BOARD APPEAL NO. 1-95, THOMAS PROPROFSKY AND HOWARD JAMES:
Appeal by
Thomas Proprofsky and Howard James of one condition related to the approval of a garage addition
required for construction of a second dwelling unit. The property is located in an R-4 (
Residential Maximum Multiple-Family) District and the Old Towne District at 261 South
Olive Street. (A4000)
NOTE: This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines, Section 15303.
NOTE: Councilman Slater abstained from this item.
The Director of Community Development gave the presentation.
The appellant was not present.
MOTION - Spurgeon SECOND -
Murphy A YES -
Murphy, Barrera, Mayor Coontz, Spurgeon ABSTAINED - Slater Moved
that this project
is categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
per State CEQA Guidelines, Section 15303.PAGE 18
CITY COUNCIL MINUTES May 9, 1995
14. PLANNING AND ENVIRONMENT (Continued)
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSTAINED - Slater Moved
to uphold the
appeal.15. ORAL PRESENTATIONS Steve
Sheldon, 873 S.
Glenhurst Dr., Anaheim, commented on his request for a Council study session scheduled for May
16, 1995 regarding ambulance service in the City. Mr. Sheldon indicated he needed more
time to prepare his presentation.Mayor Coontz commented this
is the only time available.Carole Walters, 534 N.
Shaffer, asked what the City will do with the Ainsworth House.The Community Services Director
indicated there were many options to discuss. A meeting is scheduled with the Mayor
and City Manager relative to these options.Ms. Walters thanked the
Council for taking care of the Old Towne Guidelines instead of staff.Richard Vining, 19841 Mills
Dr., commented the area at the end of his street is being developed by the City and
he is having access problems. Problems seem to be occurring on Fridays when there is no City
inspector. It was suggested the inspectors have their shifts rotated to be able to inspect on Fridays to
ensure Mr. Vining's access and to make sure conditions are being met.The Director of Public
Works recognized the problem and will be sure this area is covered for inspection.Mayor pro tem
Barrera
suggested Code Enforcement personnel also rotate their shifts in order to cover Fridays.John Volkoff,
365 N.
Cleveland, commented the Design Review Preservation Standards are very subjective and historical could
mean anything.Beverly Nestande, 1800 E.
Heim, announced Leadership Orange Program will conclude its fourth year and invited anyone
interested to join.Mayor pro tem Barrera
requested the City Manager to get the sound system back on track.PAGE 19
CITY COUNCIL MINUTES May 9, 1995
16. ADJOURNMENT
Mayor Coontz read the following Certificate of Recognition honoring Alice Clark with a
memorial adjournment: It is with a feeling of great loss that we, the Mayor and City Council of
the City of Orange, adjourn this meeting today in fond remembrance of Alice Clark who passed
away on April 30, 1995. She was not only a wife, sister, mother and grandmother, but also a
friend to the City of Orange. She had a generous spirit and dedicated her life to serving on
volunteer organizations, thus making her community a better place in which to live. On behalf of
the 118,000 residents of the City of Orange and City staff, we will miss her many contributions.
Although she will no longer be with us, she will remain that watchful guardian angel at all of our
future City Council meetings. Adjourned this 9th day of May, 1995 in memory of Alice Clark.
Mayor Coontz presented the certificate to Duncan Clark who spoke a few words about his wife
of37 years.
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council
adjourned at 9: 15 p.m. in memory of Alice Clark to an Adjourned Regular meeting on May
16, 1995 at 4:30 p.m. in the Weimer Room to discuss ambulance services.Marilvn J. Jensen
MARILYN 1. JENSEN,
CMC CITY CLERK i ,///
1 --~t:
i?it~C/
l-eJt''7?/OANNE C. COONTZ
2J MAYOR Clw4<t?
M~ ~::
dlC~CASSANDRA1. C
CART, CMC DEPUTY CITY CLERK
PAGE 20