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2/8/2000 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON MARCH 14,2000. CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING February 8, 2000 The City Council of the City of Orange, California convened on February 8, 2000 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. OPENING 1.1 INVOCATION Ms. Laura Rothafel, President, The Friendly Center 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Alvarez 1.3 ROLL CALL PRESENT -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -None 1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Tape 102 Mayor Coontz announcements: . Congratulations were extended to Fire Chief Vince Bonacker on his installation as President of the Orange County Fire Chiefs Association on January 27, 2000. . Congratulations were extended to members of the Orange Police Department, Captain Romo, Lieutenant Jensen and Sergeant Kisela, who were formally promoted in a badging ceremony on February 2, 2000. . The celebration of the first anniversary of the Main Library's grand reopening was held on February 7, 2000. Since its reopening, approximately 4,000 patrons have visited the library; 18,000 items have been circulated; 20,000 visitors have used the City's cyber zone technology; and 5,000 patrons have attended 130 programs in the Kid's Zone. . The Downtown Orange Business and Professional Association is holding their Annual Antique Fair in Old Towne on February 19 and 20, 2000, with a patriotic historic theme. . Margaret's Run-Around-The Block for Cancer sponsored by UCI is scheduled for Sunday, March 12, 2000. PAGE 1 CITY COUNCIL MINUTES February 8, 2000 2. PUBLIC COMMENTS Tape 139 Carole Walters, (address on file), asked how much time and money has been spent on attorney fees for lawsuits? Ms. Walters commented on the big trucks in the City with the recent movie filming, and commended the Orange Police Department for apprehending a peeping tom in her neighborhood. Barbara DeNiro, (address on file), spoke regarding the public inconvenience caused by the recent filming in the City. Why aren't the filming companies being charged for using public parking? What project is taking place on Cambridge Street? Concern was expressed with an advertising balloon on top of the new Kragen Auto store located at Tustin and Collins over the past weekend. Who received the Consolidated Plan Community Development Needs Survey she picked up at City Hall? Does the new owner of the Old Towne Brewery take over the redevelopment contract? Will the same type of agreement exist with Citrus City Grille? Mayor Coontz directed the City Manager to respond to Ms. DeNiro. John Turner, 2348 Villa Vista Way, requested consideration of the installation of a high flashing caution light and reflector arrow at Villa Vista Way and Santiago due to the dangerous situation that now exists. (S4000.S.3.3) Mayor Coontz directed the Director of Public Works to investigate. Rafael Richards, 1108 Linden Street, Lynwood, representing sellers at the Orange Drive- in Swap Meet, commented that they were uninformed of the condition imposed by the City which does not allow them to try out the electronic equipment they sell. The Director of Community Development was directed to respond back to Mr. Richards. 3. CONSENT CALENDAR Tape 440 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of February 8, 2000 at Orange Civic Center, Main Library at 101 N" Center Street, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board, and summarized on Time-Warner Communications, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 3.2 Request Council Confirmation of warrant registers dated January 20 and 27, 2000. ACTION: Approved. PAGE 2 CITY COUNCIL MINUTES February 8, 2000 3. CONSENT CALENDAR (Continued) 3.3 Request approval of City Council Minutes, Regular Meeting, January 25, 2000. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS (REMOVED AND HEARD SEP ARATEL Y) 3.5 Award of Consultant Agreement, RFP 990-19 to Hirsch and Associates for Santa Fe Depot Park Improvements and approve appropriation of funds. (A2100.0 AGR- 3452) SUMMARY: The City requested proposals for professional services to provide design plans for the Veterans Memorial Fountain and Millennium Clock at Santa Fe Depot Park. It is recommended the City Council approve the consultant agreement with Hirsch and Associates in an amount not to exceed $35,000.00. FISCAL IMPACT: After the appropriation is executed, sufficient funds will exist to fund this project in Account No. 500-7021-485100-0970 (Santa Fe Depot Park Improvements) $35,000.00. Discussion: Carole Walters, (address on file), expressed concern that monies had not been budgeted for design or construction costs for the project. Monies should be spent to clean up existing parks. Pitcher Park has still not been cleaned up. Barbara DeNiro, (address on file), asked how much money has been spent on Santa Fe Depot Park? The Director of Community and Library Services responded the project includes a conceptual design for a Millennium Clock (as part of the Millennium Celebration) and a Veterans Memorial Fountain. He is unaware of any remaining maintenance issues at Pitcher Park. A response will be provided to Ms. DeNiro regarding Santa Fe Depot Park. Mayor Coontz commented Pitcher Park is the continuation of the property owned by Mr. Pitcher. He planted his property in the style of old Orange "Gentlemen Farrner." She suggested the new Park Commission to be established address the status of Pitcher Park along with other existing parks. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 3 CITY COUNCIL MINUTES February 8, 2000 3. CONSENT CALENDAR (Continued) Moved to: 1) approve the award of consultant agreement, RFP 990-19, between the City and Hirsch and Associates, Inc. for the Santa Fe Depot Park Improvements in an amount not to exceed $35,000.00; 2) approve an appropriation from General Fund 500 (Capital Projects) unappropriated reserves in the amount of $35,000.00 to Santa Fe Depot Park Improvements Account No. 500-7021-485100-0970; and 3) authorize the Mayor and City Clerk to execute the consultant agreement on behalf of the City. APPROPRIATION 3.6 Approve fund appropriation for financial donation from Pacific Bell. (C2500.N) SUMMARY: Pacific Bell has donated $4,000 to supplement general funds for the Department of Community Services Summer Concert Series. ACTION: 1) Approved appropriation of $4,000 from Revenue Account No. 100-7001- 275300 to Account No. 100-7011-427800 (Professional Services) and; 2) authorized the City Manager to execute the appropriation. FISCAL IMPACT: After the fund appropriation, funds will be available in Account No. 100-7011-427800 (Professional Services) - $4,000. 3"7 CLAIMS (C3200.0) The City Attorney recommends that the Orange City Council deny the following Claim(s) and Amended Claim for damages: a. Christopher Cate b. LSI Engineering c. Vera Moorer d. Val Verde Estates MHP e. Javier Ramirez Toribio f. 396 Investment Company fka The Fieldstone Company FISCAL IMPACT: None. ACTION: Denied Claims and Amended Claim for damages and referred to City Attorney and Adjuster. RATIFICATION OF DECLARATION OF EMERGENCY 3.8 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale Tract). ACTION: Approved. PAGE 4 CITY COUNCIL MINUTES February 8, 2000 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.9 RESOLUTION NO. 9201 (H1200.A.1) A Resolution of the City Council of the City of Orange approving the submittal of the arterial highway rehabilitation projects to the Orange County Transportation Authority for funding under the combined transportation funding program. ACTION: Approved. 3.10 RESOLUTION NO. 9214 (C2500.G.3) A Resolution of the City Council of the City of Orange stating its intent to assess the costs of nuisance abatement against property located at 400 South Flower Street, Unit 77 and its owner. ACTION: Approved. 3.11 RESOLUTION NO. 9215 (C2500.H.2) A Resolution of the City Council of the City of Orange stating its intent to assess the costs of weed abatement against property located at 405 North Cypress Street. ACTION: Approved. 3.12 RESOLUTION NO. 9216 (C2500.H.2) A Resolution of the City Council of the City of Orange stating its intent to assess the costs of weed abatement against property located at the vacant lot east of 731 North Mallard Street and adjacent to the flood control channel, assessor's parcel number 383- 071-05. ACTION: Approved. 3.13 RESOLUTION NO. 9217 (C2500.G.3) A Resolution of the City Council of the City of Orange stating its intent to assess the costs of nuisance and weed abatement against the former owner of property located at 908 East Lincoln Avenue. ACTION: Approved. PAGE 5 CITY COUNCIL MINUTES February 8, 2000 3. CONSENT CALENDAR (Continued) 3.14 RESOLUTION NO" 9218 (C2500.G.3) A Resolution of the City Council of the City of Orange stating its intent to assess the costs of nuisance and weed abatement against the former owner of property located at 2012 North Shaffer Street. ACTION: Approved. 3.15 RESOLUTION NO. 9221 (C2500.M.16.1 LLN-99-6) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 99-6 adjusting lot lines of certain real property situated at 505 North Park Lane in the City of Orange, County of Orange, State of California. OWNER: Frank James & Linda Kay Donoghue, Husband and Wife ACTION: Approved. 3.16 RESOLUTION NO. 9224 (A2100.0 AGR-3430) A Resolution of the City Council of the City of Orange approving final Orange County Bankruptcy Distribution and authorizing designated personnel to receive funds. (Certification of Adoption). ACTION: Approved. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 3.5 was removed and heard separately. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR COONTZ Tape 595 4.1 Update on Jail Issue. Mayor Coontz reported that no new information has been received relative to the City's continuing fight of the proposal to locate a second maximum security jail in the City's sphere of influence. Appreciation was expressed to County Supervisor Cynthia Coad for taking the lead to get documents from the cities involved in trying to site ajail in the City's sphere of influence. PAGE 6 CITY COUNCIL MINUTES February 8, 2000 4. REPORTS FROM MAYOR COONTZ (Continued) Carole Walters, (address on file), commented on the jail and Measure F. Mayor Coontz responded the City of Orange is opposed to Measure F, which will more likely assure a jail in East Orange. Measure F was designed to protect the South County cities from a jail at Musick. Appreciation was expressed to Bob Bennyhoff for his article in The SentJ:y which includes a letter the City received from Former Supervisor Bill Steiner supporting the City's position on jails. 4.2 Pedestrian Safety in the City of Orange. Mayor Coontz gave the following report: "I would like to bring this issue to the attention of the Council and City staff to ensure that we are taking all the preventive and proactive measures that might be needed and appropriate. The issue is pedestrians crossing the street. I understand the City's Traffic Engineering staff is already watching this very closely. However, in light of a recent incident in our City, and several in neighboring cities, I believe we need to make sure we are doing all we can on several fronts. Additionally, many neighborhoods in our City, such as Old Towne and EI Modena, which have been traditionally walking communities, would definitely benefit from a comprehensive and coordinated review. I would like to ask the City Manager to direct staff in Traffic Engineering and the Police Department to conduct a comprehensive review of pedestrian safety throughout the City, with an emphasis on higher pedestrian activity and bring a report back to the City Council in 60 days. I would also like to suggest that this report address all aspects of this effort, such as community education, enforcement, facility improvements, and suggestions for further improvements." ****** In response to Councilman Alvarez, Mayor Coontz indicated an accident occurred at Collins Avenue and California Street over the weekend, in a very well-marked pedestrian area. The Director of Public Works explained that pedestrian safety has become an issue in other communities and statewide. It was noted that at a recent State legislation session, a third of federal highway safety monies were allocated to school pedestrian and safety type projects. There has been a decline in pedestrian accidents in the City of Orange over the past six years, from a high of64 in 1995 to 40 in 1998. However, in 1999, there was a significant increase with 71 pedestrian accidents. The recent upsurge in 1999 is something the City should probably be looking at. The City Manager indicated he would like to meet with Traffic Engineering staff and the Police Department to discuss the issue and determine what would be involved in a comprehensive plan; how much of a strategic planning effort will be involved; and whether it should be included as a work plan amendment or included in the budget. PAGE 7 CITY COUNCIL MINUTES February 8, 2000 4. REPORTS FROM MAYOR COONTZ (Continued) Mayor Coontz stated it is Council's responsibility as elected officials to look at these issues and pursue them if necessary, noting many Mayor's Hotline calls are received on this subject. Mayor Coontz concurred with the City Manager's suggestion on how the issue should be handled. Barbara DeNiro, (address on file), commented on the recent accident and school children pedestrian safety. 4.3 Home Construction Education - When is a permit required? (C2500.G.2.0) Tape 914 Mayor Coontz reported: From time to time, we hear from homeowners in Orange that they have done some home improvements and later discovered that they needed a building permit. These home improvements might include a new roof, installation of a hot water heater or air conditioning unit, construction of a block wall or a patio cover. When is a building permit needed? The City can help by providing homeowners with information in this area. The Building Division could provide information in the Orange Progress, water bill mailer or other similar resources. People need to know when permits are needed. Councilman Slater suggested the information also be provided on the City's cable channel and web site. Carole Walters, (address on file), commented on the permit process. 5. REPORTS FROM COUNCILMEMBERS Tape 1002 NON-AGENDA ITEM Mayor pro tern Spurgeon commented at the January 25, 2000 meeting, there was discussion regarding the amount of park funds committed for now and the future, indicating he had questioned the $18 million figure. Mayor Coontz said the $18 million figure discussed was from the Capital Improvement Plan she received from the Community Services Department. At the State of the City, both in-progress and future projects were addressed. The City Manager clarified the $18 million figure discussed at the January 25, 2000 meeting includes projects that are already completed and a few future projects that were not included in the budget. Approximately $15 million in the Capital Improvement Program budget is scheduled for future park projects over the next seven years, which includes those in progress. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1080 6.1 Accept letter of resignation from Steven E. Meadows from the Audit Committee and instruct the City Clerk to begin Maddy Act proceedings" (OR1800.0.27.17) PAGE 8 CITY COUNCIL MINUTES February 8, 2000 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued) MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept the letter with regrets and instructed the City Clerk to begin Maddy Act proceedings. 6"2 Instruct the City Clerk to begin Maddy Act proceedings for the vacancy created on the Community Development Block Grant Committee as a result of the death of Harry St. George. (C2500.G) MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved with regrets and sympathy to the family and instructed the City Clerk to begin Maddy Act proceedings. 7. ADMINISTRATIVE REPORTS Tape 1131 7.1 Report from the Director of Economic Development and presentation from The Diamond Group on land use concept and economic development strategy for "Uptown Orange". (A4000.0 APP-461) SUMMARY: Presentation of land use concept and economic development strategy for approximately 70 acres generally bounded by the Santa Ana Freeway on the south, Santa Ana River on the east, Orange City limits on the north, and State College Boulevard on the west. Brian Myers, representing the Diamond Group, 1 Technology Drive, Irvine, gave a slide show presentation of the land use concept plan and vision for "Uptown Orange". COUNCIL COMMENTS: Mayor Coontz clarified that the vision for "Uptown Orange" is for the far west end of the City of Orange. This is the first stage of a project that will take many years. When will the mobile home park be addressed? Brian Myers responded the operators agreement for the mobile home park will expire in 2008. Mayor Coontz added that the mobile home park operators have a long time lease on the property. The mobile home park is not owned by the operators. Councilman Murphy commented that the entire west end of Orange looks different with the near completion of the 5 Freeway widening. It is important to have a defining line for people PAGE 9 CITY COUNCIL MINUTES February 8, 2000 7. ADMINISTRATIVE REPORTS (Continued) unfamiliar with the area to recognize they are entering the City of Orange. In addition, the plan is not contingent on the entire plan being completed at one time. Councilman Alvarez commended The Diamond Group on their great job. Councilman Slater commended The Diamond Group for being progressive with the much needed improvements for the west side of Orange. The landscaping proposed around the 1-5 Freeway (a couple of orchard concepts), and the office building being proposed around The Block by Spieker Properties will work very well. What he likes most about it is that it really fits Orange, and is Orange. The Plaza proposal is fantastic. Mayor pro tern Spurgeon commented a vision for west Orange has been needed for a long time and complimented The Diamond Group on ajob well done. Mayor Coontz commented The Diamond Group's expertise and experience has helped the City considerably. The City will finally get something to be proud of. The long road the City has taken will meet with success. Appreciation was expressed to Director of Economic Development Linda Boone for bringing this forward. ****** Barbara DeNiro, (address on file), expressed concern with development at the northwest corner of Katella and Main. The Diamond Group's land use concept appears to be an extremely high density proposal that will have a tremendous impact on traffic. How much parkland is included in the project? Carole Walters, (address on file), suggested there be a park, golf course, or bike trail in west Orange. Concern was expressed for mobile home residents in the proposed area. Mayor Coontz responded this is an initial vision. Members ofthe community will have the opportunity to comment on the long-term planning effort. Placing a park on the edge ofthe community is questionable. Mayor Coontz noted that addressing applications in this area without a plan has been difficult for Council. MOTION - Murphy SECOND - Mayor Coontz AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. PAGE 10 CITY COUNCIL MINUTES February 8, 2000 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Report from the City Attorney on Resolution No. 9222. (A4000.0 APP-461) SUMMARY: On May 25,1999, the City Council upheld the Planning Commission's denial ofa proposed multi-family development at 630 E. Culver Avenue. The applicants for the proposed development are Linda and Ralph Zehner (hereafter applicants). The applicants subsequently filed a lawsuit challenging the City's denial, which matter was heard by the Orange County Superior Court, the Honorable Judge Robert Thomas presiding. Judge Thomas remanded the matter back to the City Council to detail its reasons for denying the project. Staff has reviewed the City Council's prior findings and the evidence in an effort to specify the City Council's stated reasons for denying the project. Those reasons are set forth in Resolution No. 9222. The City Attorney reported the applicants for this project filed a court challenge to the City Council's decision. A hearing was held last month. The court remanded it back to the City Council to set out the reasons for the denial in more detail. The court hearing will be held on Thursday, February 10, 2000. RESOLUTION NO" 9222 A Resolution of the City Council of the City of Orange repealing Resolution No. 9142 and denying Appeal No. 461 and Upholding the Decision of the Planning Commission to deny Minor Site Plan Review 81-99 and Mitigated Negative Declaration 1593-99 allowing the demolition of an existing garage and construction of two, one and one-half story duplexes and a single story garage/workroom for six vehicles behind an existing historic single family home on property located at 630 East Culver Avenue. Appeal No. 461, Minor Site Plan Review 81-99, Mitigated Negative Declaration 1593-99; Applicant and Appellant: Ralph Zehner COUNCIL COMMENTS: Mayor Coontz commented that Resolution No. 9222 appears to be very thorough. Councilman Slater cited Part III. Chapter 5 of the Old Towne Design Standards which provides that the design of a new residence shall be complimentary to other residences on the block. The bottom line is that the proposed garage structure is 40% larger than the existing contributing historic structure. There are no garage structures of comparable size or capacity in the surrounding neighborhood. Mayor pro tern Spurgeon cornmented for the record that he has no objections to the Resolution. It reflects to the best of his knowledge what has been done in a period of time of many public hearings. He has reviewed Resolution No. 9222 and is comfortable supporting it. PAGE 11 CITY COUNCIL MINUTES February 8, 2000 7. ADMINISTRATIVE REPORTS (Continued) Councilman Murphy commented Resolution No. 9222 accurately reflects the essence and findings of the hearings. The City Attorney indicated additional evidence will not be taken. The public hearing would have to be reopened if public comments are taken. The City has complied with the Brown Act in that all members ofthe public have had the opportunity to comment on this agenda item. It was agreed upon by the applicant's attorney and the court that the public hearing would not be reopened as it would require renotification. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Resolution No. 9222. 8. REPORTS FROM CITY MANAGER Tape 2058 8.1 Draft Environmental Impact Report (EIR) No. 573 for the Civilian Reuse of MCAS E1 Toro and the Airport System Master Plan for John Wayne Airport and proposed Orange County International Airport. (E1400.0 EIR-573) The City Manager reported the Environmental Impact Report is a very comprehensive report with over 5,000 pages of countless exhibits. Staff has spent over three weeks reviewing and analyzing the technical documents in preparing a response that will go back to the County. When evaluating EIR's, staffs normal procedure is to making findings and comments and forward them to the requesting agency. Since the reuse of E1 Toro is the largest public policy issue facing the County currently, it was felt appropriate to bring the EIR before Council for additional review and comments before being submitted to the County. The Planning Manager gave a presentation on Environmental Impact Report No. 573. Staff evaluated the proposed project and all of the alternatives to determine their potential impact to Orange. The proposed project has the potential to impact the existing City in the area of regional air quality. Mitigation measures have been identified which will reduce air quality impacts to less than significant. The proposed project has the potential to impact the City's future planned area near Irvine Lake in two areas, land use and noise. The EIR has identified mitigation measures which would reduce the impacts to less than significant by changing the land use for the area impacted. Comments need to be submitted to the County by February 22, 2000. PAGE 12 CITY COUNCIL MINUTES February 8, 2000 8. REPORTS FROM CITY MANAGER (Continued) SUMMARY OF STAFF'S COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT NO. 573: . The "Proposed Project" of a new international airport at EI Toro Orange County International (OCX) will have the effect ofreducing the current flights to John Wayne Airport (JWA) over the central and eastern portion of the City of Orange by 25%. . The new northbound take-off and landing pattern from OCX will intersect with the East Orange General Plan area immediately west ofIrvine Lake where approximately 200 acres of residentially master planned property will have to be changed to non-residential use or be specially designed to mitigate potential aircraft noise. . Residents of Orange will no longer be required to travel outside of Orange County to obtain medium and long-haul, and international air passenger service. . There are no anticipated impacts on City of Orange streets and highways because the nearest point of the City of Orange is located 7 miles from the proposed airport at EI Toro. . There are no alternatives included in the EIR that provide a combination of greater air passenger service benefits and less noise impacts to the existing residents of the City of Orange than the "Proposed Project". ****** Mayor Coontz commented that Orange is one of the few cities to have the EIR at a Council meeting for discussion and review. This is an opportunity the City has been given to make comments to ensure the quality of life for the citizens of Orange. The EIR is available at the Main Library for residents to review. Comments can be made to Brian Speegle at the County of Orange by February 22, 2000. The address is available on the City's cable Channel 3. Carole Walters, (address on file), expressed opposition to the proposed airport. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed concern for the major changes the proposed airport will have to the East Orange General Plan in the Irvine Lake area. Mayor Coontz indicated that The Irvine Company and the two owners that have interest in the lake also have the opportunity to address the EIR. Councilman Alvarez expressed concern with flights over Orange's sphere of influence and the noise the flights will generate. John Wayne Airport has a noise restriction to cease operations at 11 :00 p.m. The proposed Orange County Airport does not. The EIR proposes a two airport system. Also, the new John Wayne Airport has several millions dollars worth of bonds that need to be paid off. Traffic congestion on the 1-5 Freeway was not addressed by staff. The biggest issue that Orange taxpayer's need to be aware of is the cost every taxpayer in the County will pay for the cleanup of toxic waste at EI Toro, once the Navy has done its level of cleanup. Councilman Alvarez commented that Congressman Cox felt the cost to the taxpayers of Orange County would be equal to what was paid for the Orange County bankruptcy. PAGE 13 CITY COUNCIL MINUTES February 8, 2000 8. REPORTS FROM CITY MANAGER (Continued) Councilman Slater concurred with staffs findings on the potential impacts the airport will have on the City of Orange. The only impact will be some increase in regional air pollution which will be mitigated. Most importantly, there is going to be a proposed 25% decrease in air traffic over the City of Orange, which the City is currently impacted by. Staffs analysis of the EIR is good and very thorough. Mayor Coontz reiterated that other agencies, The Irvine Company, and the water districts have the ability and probably will take the opportunity to address the EIR. The City of Orange and The Irvine Company will jointly address the East Orange General Plan. Councilman Murphy commented the demands for air travel will have to be satisfied. The City of Orange and the County can take an active role in benefiting from that demand. He concurs with staffs findings in the EIR, as long as the City continues to monitor the plan to ensure the impacts are mitigated. The plan will reduce impacts overall to the City of Orange and satisfy the requirements for air travel and cargo that are not currently being satisfied. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved to direct the City Manager to transmit a letter to the County of Orange in response to Draft EIR No. 573 for the Reuse ofMCAS EI Toro and an Orange County Airport Master Plan. ****** Councilman Slater commented it was brought to his attention that Supervisor Coad has been very supportive of the City on its various issues, particularly regarding the jail. Supervisor Coad is asking all member cities to consider drafting a Resolution in support of an international airport at EI Toro. Councilman Slater indicated the reason he feels this is timely is that Measure F is coming forward on the ballot (which the Council took a stand against), primarily in the interest of opposing a jail and in support of public safety. A no airport project at EI Toro will mean an increase in flights over Orange. An airport project at E1 Toro will decrease airport traffic over the City of Orange. Councilman Slater indicated he would like to make a motion to direct staff to bring back a Resolution to the Council in support of an airport at EI Toro. Discussion ensued among the four remaining Councilmembers. It was felt the issue would need to be agendized; the Council has already made their position clear relative to the proposed airport; and adopting a resolution in support ofthe airport is not necessary. Councilman Slater asked the City Attorney if this subject could be brought up since it is on the agenda. The City Attorney responded that under the Brown Act, Council can give staff direction to come back with a report. PAGE 14 CITY COUNCIL MINUTES February 8, 2000 8. REPORTS FROM CITY MANAGER (Continued) Councilman Slater commented that this issue is aside from Measure F. Supervisor Coad has been very supportive of the City and has asked the City to consider drafting a Resolution. The City has never made an official statement in support of the airport. Councilman Slater said he would like to have given direction to ask staff to come back with a Resolution for Council's consideration, but that he will agendize the Resolution for the February 22, 2000 meeting. 9. LEGAL AFFAIRS Tape 3225 9.1 ORDINANCE NO. 3-00 (A2500.0 Utility Deposits) An Ordinance of the City Council ofthe City of Orange amending Chapters 13.08 and 13.60 of the Orange Municipal Code relating to utility deposits. MOTION SECOND AYES - Mayor Coontz - Spurgeon _ Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 3-00 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 4-00 (A2500.0 Orange Municipal Code) An Ordinance of the City Council of the City of Orange repealing and/or amending various sections of the Orange Municipal Code which require updating to comply with existing law. MOTION SECOND AYES - Slater - Murphy - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 4-00 be read by title only and same was set for second reading by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6:22 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation: Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No. 78 02 84; 2) Dixie Lee v. Martha Bryant, et aI., Orange County Superior Court Case No. 80 37 80; 3)Karen Hager v. City of Orange, et aI., Orange County Superior Court Case No. 807822 PAGE 15 CITY COUNCIL MINUTES February 8, 2000 11. RECESS TO CLOSED SESSION (Continued) b. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case) c. Public Employee DisciplinelDismissal/Release pursuant to Government Code Section 54957.6. 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. PUBLIC COMMENTS Tape 3490 Carole Walters, (address on file), suggested Council look into the cost of having Council districts on the November ballot. The Mayor would serve the City at-large. Mara Brandman, 7319 Equitation Way, speaking as Co-Chairman of COPAC, asked the City Attorney to research whether any new laws have been passed that would allow voting by districts in the City. 13. PUBLIC HEARINGS 13.1 SERRANO HEIGHTS SPECIFIC PLAN PHASE II SUBDIVISION, TENTATIVE TRACT MAP 14360 (T4000.0 TRT-14360) Time set for a public hearing to consider Tentative Tract Map 14360 to allow the subdivision of approximately 204 acres of property into 427 lots (and 17 non-buildable open space parcels) upon property located in a P-C zone (Planned Community District) along Serrano Avenue in "Serrano Heights," between Apache Creek and Nohl Ranch Roads, north of Santiago Creek and Santiago Oaks Regional Park, in the Peralta Hills. The Director of Community Development reported that Tentative Tract Map 14360 proposes to reduce the number of units from 880 to 760. There are six development areas. Four developments are for 425 lots single-family detached residential development. Development Areas 9A & 9B, higher density portions of the development, are larger lots adjacent to Serrano Avenue and include the remainder of the units. Issues discussed at the Planning Commission meeting include fuel modification and site drainage, site access, and the possibility for additional park and school facilities. The recommended conditions attempt to address and comply with all of the issues. This action is the implementation of the previously approved plan. As such, the prior commitment reduces the ability to comply with some of the demands for basic changes. PAGE 16 CITY COUNCIL MINUTES February 8, 2000 13. PUBLIC HEARINGS (Continued) Councilman Alvarez asked for more detail on development access. The Director of Community Development explained the two primary accesses to the development are Serrano on the south edge and Nohl Ranch Road on the east edge. Due to the concern as to whether this was adequate access, staff re-analyzed the possibility of adding another access point to the site. The site is at the top of a ridgeline area with a vertical separation between the pad areas and the street locations. A third access was designed in concept. However, with the vertical separations, the access way connected with Serrano Avenue a short distance south of the current access way, crossing Development Area 9A to the west, it was concluded that the third access did not serve the purpose hoped for and that it did not provide much more benefit for the additional reworking of the traffic. MAYOR COONTZ OPENED THE PUBLIC HEARING. Applicant: Frank Elfend, Elfend and Associates, 18101 Von Karmen, Suite 1260, Irvine, gave a brief presentation. Councilman Alvarez asked why land was not set aside for school or sizeable park sites in the development of the plan. Mr. Elfend explained that Orange Unified School District (OUSD) has participated in the plan since the project was initially brought into the City in the early 1980's. Even in the 1990's, OUSD indicated they felt they had adequate facilities to deal with the project. Mr. Elfend indicated they have been working with OUSD on a site next to the Anaheim Hills Elementary School site, in terms of doing cooperative grading, providing them with a 10 acre pad, and evaluating financing opportunities. In working with the community at that time, the desire to have open space was a priority as opposed to the substantial grading that would have been needed for parks. Additional parkland is proposed in Development Areas 2 and 4 which will come before Council in a few weeks. Speaking in favor: Marguerite Cochran, 6450 E. Lookout Lane, Anaheim Lissa Smith, 491 Westridge Circle, Anaheim Victoria Webber, 1006 S. Rexford, Anaheim Hills Reasons: Developer has been cooperative with residents and OUSD; delay of development would delay the expansion of Anaheim Hills Elementary School. Speaking in opposition: Marilyn Ganahl, 20351 Lewis Drive, asked when Serrano Avenue would be required to be completed and available for through traffic from the west end at Orange Park Blvd. to Nohl Ranch Road? Are four lanes still in the plans? If Serrano is not open in a timely manner, how PAGE 17 CITY COUNCIL MINUTES February 8, 2000 13. PUBLIC HEARINGS (Continued) will students generated from Phase I of Serrano Heights development take direct access to Anaheim Hills Elementary School? How will City of Orange emergency services be able to provide prompt and direct service to Phase II homes without Serrano being completed? Patricia Bortle, 17991 Oakfield Drive, Villa Park Barbara DeNiro, (address on file), asked what the size is of the 17 non-buildable lots, and whether they are together or scattered throughout the project? What are the provisions for parks and school students it will attract? Are fees being taken for land? Reasons: Not enough schools for the houses being built; hillsides being raped; traffic concerns; and concern for unstable land. REBUTTAL: Frank Elfend responded that they are hopeful a cooperative grading agreement can be worked out with OUSD which will provide a site. They will work with OUSD on financing opportunities as well. The Serrano Heights project was part of an agreement made with OUSD many years ago. Three school sites were provided as a part of the provision, for a density that turns out to be consistent with what Serrano Heights is. There have been historical agreements on the project for school facilities to service this area and other areas. The development agreement requires that Serrano be connected at 2004. However, based on the phasing of the project, it is likely to be connected around 2002. Serrano will be a four-lane roadway. Part of the cooperative grading agreement with OUSD includes accelerating Serrano to allow quicker access to Anaheim Hills Elementary School. It is believed the Fire Department would indicate that emergency service is sufficiently provided through Serrano and the internal network road system. There is a four acre park site on Serrano Heights. Two pocket parks are included as part of Development Areas 2 and 4. There is a continuous open space corridor that runs from Santiago Oaks Regional Park through the ridge line area connected to Lorna. In response to Mayor pro tem Spurgeon, Mr. Elfend indicated there will be another access road that will allow access to the Anaheim Hills Elementary School area, exclusive of the connection of Serrano. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. COUNCIL COMMENTS: Councilman Slater commented that the City Council granted the project for 1800 units in the early 1980's. The developer is coming forward now and wants to build 1200 units. There is no school site. Two pocket parks and one four acre park are not enough park space for 1800 homes. Fortunately, the City now has a Master Plan of Parks and is much more aware of the needs of OUSD and the plan now preserves the ridgelines. Councilman Slater indicated that he is pleased PAGE 18 CITY COUNCIL MINUTES February 8, 2000 13. PUBLIC HEARINGS (Continued) that the density has been reduced from 1800 to 1200 units. He compares this project with Sycamore Crossing (the old golf course in Santiago Creek), where entitlements had already been granted before he came on Council. He feels Sycamore Crossing should have been left as open space. However, his only choice was to reduce the density. Due to the fact that the density was already granted, and that this project has been improved, Councilman Slater said he could only vote for the project, without enthusiasm. Hopefully, this has been a lesson and the City can be much more progressive and now knows what its needs are. Councilman Slater expressed the extreme importance of working closely with OUSD. Schools are important and vital to the City. It is hoped in the future that the City will have more of a cooperative spirit with OUSD and not find itself in this situation again. Councilman Alvarez commented that the OUSD needs to be helped and he would like to delay this issue. Phase I has already had a negative impact on the schools. The City needs to take responsibility for what it approves. Councilman Alvarez said he cannot support the project as it would be contradictory to everything he has been trying to do in being consistent. In addition, the traffic impact from the project will be huge. Councilman Murphy commented it is Council's responsibility, in his OpInIOn, to take the entitlements that are currently in place, compare them with the requests that are being brought forward, and decide what is better for the City of Orange. In his opinion, this proposal improves upon what the entitlements are on the property today. It reduces the number of units and density. Councilman Murphy said he is heartened to hear there are continued efforts to work with OUSD to provide a pad. The protection of the ridgelines is important. The developers have gone out of their way to work with the neighborhoods, the community, and the bordering land owners. Councilman Murphy voiced support for the project because it brings forward a much better project than was originally approved and envisioned for the property. Mayor Coontz stated that in 1994 Council approved the First Amendment to the Development Agreement. In 1997, Council approved the First Amendment to the Specific Plan and Second Amendment to the Development Agreement, which went through in 1998 and 1999. There were no denials by Council of any progress of the development. When this project started out years ago, the perspective on land use was different than it is today. Open space was a primary concern; parks were not a priority at that time. Now there are tighter environmental rules and land is more valuable in the City of Orange. This project has been in the City of Orange for a longtime. Mayor Coontz indicated that when serving on the Planning Commission, she made the motion to not go forward with projects without infrastructure being in place, which made a lot of positive changes to the Anaheim/Orange border area. She was heavily involved with OUSD from 1961 (when she came to the City) through 1976, when she was appointed to the Planning Commission. The question of schools sites was always important. At her suggestion, a joint committee was formed with the OUSD, which ended in 1989. Again in 1994 a committee was formed, which she and Councilman Murphy now serve on. School population has been discussed many times. PAGE 19 CITY COUNCIL MINUTES February 8, 2000 13. PUBLIC HEARINGS (Continued) There has never been a full study of school needs, which OUSD indicates they are now doing. The census is important to the City of Orange and will assist OUSD with school needs. The City is doing all that it can in providing advice and suggestions. However, the responsibility for school sites lies with OUSD. It is not the City's position to make decisions in regards to schools. Mayor Coontz concluded that the Serrano Heights proj ect is much better than it was originally or even a few years ago, and if delayed, the school situation will be worse. Mayor pro tern Spurgeon commented the question that comes out is whether it is the City's responsibility to negotiate schools and subrogate the responsibilities of the Educational Code of the school board. Many attempts have been made to make suggestions known to OUSD. The changes to the project have been for the better, especially in terms of density. It is hoped that the developer and his representatives work quickly on the school situation in the area. Mayor pro tem Spurgeon expressed support for the project, with the urging that the school situation be assisted. Councilman Slater clarified that he came on the Council in 1994. Mayor Coontz was the only Councilmember that is still on Council who, in 1988, voted to approve 1800 units on Serrano Heights; voted to approve the Specific Plan; the Initial Tentative Tract Maps; and the General Plan. Councilman Slater said the dye was cast by the time he got on Council in 1994 and that he is glad the project has only improved since then. Mayor Coontz commented she hopes OUSD will proceed with their consultant who is trying to ascertain what the school districts future population will be. This was formally done in 1976 on a Committee she chaired. The same projection has been used since that time. Knowledge of the future population will allow the City more opportunity to get behind OUSD and help them achieve what they need to in terms of proj ections for the future. MOTION -Murphy SECOND -Mayor Coontz AYES -Murphy, Slater, Mayor Coontz, Spurgeon NOES -Alvarez Moved to confirm that project environmental impacts were adequately addressed by Environmental Impact Report 954 and Supplemental EIR 1305, as amended in February, 1997, by addendum. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved to determine that the project is consistent with the City's General Plan, Serrano Heights Development Agreement and Specific Plan. PAGE 20 CITY COUNCIL MINUTES February 8, 2000 13. PUBLIC HEARINGS (Continued) MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved to approve Tentative Tract Map 14360, as outlined in Planning Commission Resolution No. PC-75-99. COUNCILMAN ALVAREZ - MINUTE ORDER: "I just wanted to clarify my no vote. Basically, I really see it as a vote for the children that are in school now. As a parent of a child that is going through year-round, the schools are impacted, no matter how we paint it tonight. Serrano is not going to improve the quality of life for children at the schools. It is, quite frankly, going to make it a lot worse. That is the reason why I voted no." THE CITY COUNCIL RECESSED AT 8:25 P.M. AND RECONVENED AT 8:35 P.M. 13.2 CONDITIONAL USE PERMIT 2305-99, SOUTHEAST CORNER OF MAIN STREET AND ALMOND AVENUE, APPLICANT: SAM DESAI (C3300.0 CUP-2305.9) Time set for a public hearing to consider Conditional Use Permit 2305-99, a proposal to demolish existing buildings and to allow construction of an automatic car wash, an automotive service station with gas pumps and two service bays (within 200 feet of residentially zoned properties), and the sale of beer and wine for off-site consumption upon property located at the southeast corner of Main Street and Almond Avenue (formerly used by the Roseburrough Tool Company). The Director of Community Development reported a modified plan was submitted which is substantially different and has not been reviewed by staff. The major changes are the elimination of the sale ofa1coholic beverages from the mini-market, the elimination of the auto lube facility, and the modification ofthe site plan which reduces one of the buildings in a substantial way, and modifies the circulation plan. Mayor Coontz indicated the modified plan will need to go back to staff and before the Planning Commission. Jeff Chess, 200 N. Victory Blvd., design consultant on behalf of Sam Desai, commented that they would like the revised plan to be sent to staff and Planning Commission. Councilman Murphy suggested the modified plan be fast tracked on the Planning Commission's schedule. Mayor Coontz indicated individuals who completed speaker cards will be notified of the Planning Commission hearing date and re-notification will be sent to those previously notified. The Director of Community Development indicated that the modified application does PAGE 21 CITY COUNCIL MINUTES February 8, 2000 13. PUBLIC HEARINGS (Continued) not include alcohol. Therefore, if approved by the Planning Commission, it would not come before Council for approval, unless appealed. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to remand Conditional Use Permit 2305-99 back to the Planning Commission. 13.3 MITIGATED NEGATIVE DECLARATION 1626-00, EL MODENA HIGH SCHOOL FIELD AND PARKING LOT LIGHTING FIXTURES (N1200.0 NEG-1626-00) Tape 6367 Time set for a public hearing to consider Mitigated Negative Declaration No. 1626-00 to evaluate the potential environmental assessment to evaluate the potential environmental impacts of installing and using field and parking lot lighting fixtures at a portion of E1 Modena High School located north of Chapman Avenue, midway between Prospect and Esplanade Streets in the City of Orange. Mitigated Negative Declaration No. 1626-00 concludes that with implementation of the recommended mitigation measure, the project will not have a significant effect on the environment. SUMMARY: The City is considering the installation offield lighting at EI Modena High School for the purpose of providing additional youth soccer practice fields. The City retained Michael Ah1ering to prepare Mitigated Negative Declaration 1626-00 for this project. In compliance with Section 15072 of the California Environmental Quality Act (CEQA) Guidelines, the City Council will consider approval of Mitigated Negative Declaration 1626-00. Mitigated Negative Declaration 1626-00 concludes that through implementation of the recommended mitigation measures, the project will not have a significant effect on the environment. City Council action adopting the Mitigated Negative Declaration 1626-00 is not an approval of the proiect. No fiscal impact is associated with the mitigated negative declaration. The Director of Community and Library Services presented the report, noting that Council's adoption of the Mitigated Negative Declaration is not an approval of the project. It is simply a finding that the project will not have a significant adverse effect on the environment. For the record, it was recommended that the wording on Page 12, Environmental Enhancements No.2 of Mitigated Negative Declaration No. 1626-00 be deleted. Two public meeting were held at which nine people attended. A copy of the Mitigated Negative Declaration was sent to the school board for their review and comments, along with the Site Specific Plan. The Site Specific Plan is a negotiable issue that will begin next week. Over four hundred notices were mailed for the public hearing. PAGE 22 CITY COUNCIL MINUTES February 8, 2000 13. PUBLIC HEARINGS (Continued) MAYOR COONTZ OPENED THE PUBLIC HEARING. Barbara DeNiro, (address on file), expressed concern for the quality of life for the residential areas. The Director of Community and Library Services explained staff went through a very extensive identification and inventory process with the OUSD and the Master Plan of Parks. Lighting at E1 Modena High School will benefit youth soccer organizations and deficiencies in active parkland. Other than EI Modena High School, the City has no plans for other joint use projects with OUSD. Councilman Murphy commented for the record that the parking lot standards address a lighting and safety issues that currently exists at the high school and for football game attendance. MOTION - Murphy SECOND - Spurgeon AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Mitigated Negative Declaration 1626-00 including the mitigation measure and environmental enhancements for the EI Modena High School Field Lighting Project, with the modification to Page 12 of Mitigated Negative Declaration 1626-00 as noted by the Director of Community and Library Services. 14. PLANNING AND ENVIRONMENT - None 15" ADJOURNMENT The City Council adjourned at 8:40 p.m. in memory of Harry St. George, a long time member of the community and Community Development Block Grant Committee Member, who recently passed away. ~"'fu;H~ CASSANDRA J ATHCART, CMC CITY CLERK JOANNE COONTZ MAYOR PAGE 23