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2/22/2000 - 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 22, 2000 The City Council of the City of Orange, California convened on February 22,2000 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 Reverend Ginny Erwin, Trinity Episcopal Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Coontz 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Tape 70 Employee Recognition Service Awards were presented by the City Manager to: Cathy Scherer (Police), Darlene Milton (Community Services), Patricia Walker (Library Services), Roger Belville (police), Christopher Laface (Public Works), Kenneth Eckman (Community Development), and Deon Strain (Public Works). (C2500J.4.18) Keith Regan, Director of the City of Orange Senior Center, was presented a proclamation recognizing him as Central County Regional Occupational Program Business Leader of the Year. Teri Snyder, Administrator of the Regional Occupational Program (ROP), presented a plaque recognizing Keith Regan as 2000 Business Leader of the Year in Orange. (S1200.0) Mayor Coontz announcements: . Mayor Coontz won 2nd place trophy in the YMCA Indian Guides/Princesses "Pinewood Derby" at the Mall of Orange on February 12, 2000. The Police Chief and Fire Chief received 3'd and 4th place trophies, respectively. . The Downtown Orange Business and Professional Association's Antique Fair held on the weekend of February 19th was a success. . Activities took place on February 21" in celebration of the 85" Anniversary of the Womens' Club of Orange. . The City Council will adjourn its meeting in memory of Fire Captain Robert Frick. (C2500.H) PAGE 1 CITY COUNCIL MINUTES February 22, 2000 2. PUBLIC COMMENTS Tape 522 Carole Walters, (address on file), asked the City to clean-up behind K-Mart and expressed concern for the safety of children at the skateboarding park at The Block. 3. CONSENT CALENDAR Tape 580 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of February 22, 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 February 3 and 10, 2000. ACTION: Approved. 3.3 Receive and file Treasurer's Report, period ending January, 2000. (C2500.F) ACTION: Approved. 3.4 Request approval of City Council Minutes, Regular Meeting February 8, 2000. ACTION: Continued to March 14,2000 at the request of Mayor Coontz. 3.5 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.6 Letter Agreement between the City and Pacific Theatres to allow operation of a swap meet at the Old Orange Drive-ln. (A2500.0 AGR-3458) SUMMARY: The City Council approved Resolution No. 9161 August 10, 1999. This resolution approved CUP No. 2290-99 to allow the operation of a swap meet as a commercial recreation use in an industrial district. The Letter Agreement is a condition in the Resolution to address the security needs, policing and monitoring responsibilities and responsibilities for service costs. It also defines the days and hours of operation. PAGE 2 CITY COUNCIL MINUTES February 22,2000 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Reimbursement to the City of approximately $50,000 annually for police services. Discussion: Mayor Coontz commented on the need to inform the businesses surrounding the old Orange Drive-In Theatre ofthe swap meet operation. The City Manager indicafed staff will provide notification to surrounding businesses in the future. Councilman Murphy asked if the prohibition of amplified music from the vendors negates a radio or television sales person from being able to demonstrate that it works? The Director of Community Development explained the condition that applies to amplified music from vendors is limited to an area within the swap meet. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the Letter Agreement and authorized the Mayor and City Clerk to execute the Agreement. 3.7 Engineering Services Agreement with Butsko Utility Design, Inc", for Utility Undergrounding Study on West Chapman Avenue from Flower Street to Main Street. (A2100.0 AGR-3461) SUMMARY: As a prelude to the future Chapman Avenue widening project funded by the Orange County Transportation Authority, a study is recommended for undergrounding the overhead utility lines and removal of unsightly utility poles. Butsko Utility Design, Inc., has proposed a fee of $57,120.00 for a study of the existing above ground utilities and preliminary design and construction management if needed. ACTION: Approved Consultant Agreement with Butsko Utility Design, Inc., in the amount of $57,120.00 plus a contingency amount of $10,000.00 and authorized the o Mayor and the City Clerk to execute the agreement on behalf ofthe City. FISCAL IMPACT: Funds are available in the following accounts: 284-5011-483300- 4038 $40,000.00 (TSIP B) and, 272-5011-485100-3002 $27,120.00 (Gas Tax 2105). 3.8 License Agreement Between the City and Mary's Kitchen to Allow Use of City Premises for Non-profit Food Facility. (A2100.0 AGR-2059.A) SUMMARY: Mary's Kitchen uses a portion of the property at the Corporation Yard for a food facility serving needy people. Mary's Kitchen has been under agreement with the City since 1993. The License Agreement expired in January, 1999, and it is recommended that the City Council renew the license agreement for a five (5) year term June 30, 2004. There is no fiscal impact to the City for renewing the license agreement. PAGE 3 CITY COUNCIL MINUTES February 22, 2000 3. CONSENT CALENDAR (Continued) ACTION: Approved the License Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: There is no fiscal impact associated with the License Agreement. BIDS 3.9 Project S-192 - Approval of plans and specifications and bids advertising for sanitary sewer improvements at these locations: Batavia Street from Taft Avenue to Grove Avenue, Grove Avenue from Batavia Street to Glassell Street, Glassell Street from Grove Avenue to Fletcher Avenue. (C2500.M.3) SUMMARY: Plans and specifications have been completed for the Batavia Street, Grove Avenue, and Glassell Street Sanitary Sewer Improvements. The project is ready to be advertised for bids. The estimated construction cost is $1,220,000. ACTION: Approved plans and specifications and authorized advertising for the Batavia Street, Grove Avenue, and Glassell Street Sanitary Sewer Improvements. FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and available in the following accounts: 520-5011-483200-5546 $484,080 (Sewer Construction),520-5011-483200-5547 $755,000 (Sewer Construction). 3.10 Project No. S-193, Eckhoff Street - Sycamore Avenue Sewer Improvements, approval of plans and specifications and advertising for bids. (C2500.M.3) SUMMARY: Plans and specifications have been completed for the sewer improvements on Eckhoff Street from Chapman Avenue to Sycamore Avenue, and on Sycamore Avenue from Eckhoff Street to Bitterbush Channel. The project is ready to be advertised for bids. The estimated construction cost is $618,000. ACTION: Approved plans and specifications and authorized advertising for bids for the sewer improvements. FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following accounts: 520-5011-483200-5545 $406,000 (CIP - Sewer Construction),520-5011-483200-5503 $100,000 (Miscellaneous Sewer Construction). 3.11 A proposal to approve plans and specifications and authorize advertising bids for the annual Street Maintenance and City Facility Parking Areas Slurry Seal Contract at various locations for fiscal year 1999-2000" (S4000.0) SUMMARY: Plans and specifications have been completed for the annual street maintenance slurry seal at various locations. The project is ready to be advertised for bids. The estimated construction cost is $139,422. PAGE 4 CITY COUNCIL MINUTES February 22, 2000 3. CONSENT CALENDAR (Continued) ACTION: Approved plans and specifications and authorized advertising for bids for the 1999-2000 Slurry Seal Various Streets and City Facility Parking Areas. FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are available in the following accounts: 262-5021-416400-3120 (Local Street Maintenance) 500-5021-481105-4997 (Parking Lot Maintenance) $125,000.00 $156,466.23 3.12 Contract Change Order Nos. 1,2, and 3 for Project W-578; Bid No. 989-18; Paulus Engineering, Inc.; Water Line Relocations and Improvements in Conjunction with Caltrans La Veta Avenue Overpass Widening. (A2100.0 AGR-3188) SUMMARY: A contract in the amount of $179,834.94 was awarded to Paulus Engineering, Inc. on February 22,1999, for the Water Line Relocation and Improvements in conjunction with Caltrans La Veta Avenue overpass widening. Contract Change Order Nos. 1 and 2 will provide for additional costs of construction due to unforeseen field changes related to the project. Contract Change Order No.3 will credit the City for costs incurred to fix a main line water valve damaged in the course of construction. The net additional cost to the City for the above Contract Change Orders is $3,507.00. ACTION: Approved Contract Change Order Nos. 1, 2, and 3 for the total amount of $3,507.00 to Paulus Engineering, Inc. for unforeseen field changes required to complete the project. FISCAL IMP ACT: The State is liable for expenses for eXlstmg facilities that are lawfully maintained in their present location and qualify for relocation under the provisions of Section 703 of the Street and Highway Code. For this project the State is liable for 100% of the project costs. The current utility agreement between the City, Caltrans and OCT A provides for direct reimbursement for all project costs as they occur. As a result, the City is incurring no direct costs for this project. PURCHASE OF LAND 3.13 Purchase a 10 foot wide strip of land at 745 N. Hewes Street from Marshall and Norma Chisum. (A2100.0 AGR-3459) SUMMARY: Purchase of a strip of land to be included within the widening of North Hewes Street. ACTION: Authorized the Mayor and the City Clerk to execute all escrow papers and related documents for the purchase of a 10 foot wide strip of land located at 745 N. Hewes Street, purchase price $9,776.00 plus related escrow costs. PAGE 5 CITY COUNCIL MINUTES February 22, 2000 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Funds are available in T.S.I.P. Area C - Account No. 285-5011- 483300-3243. RATIFICATION OF DECLARATION OF EMERGENCY 3.14 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale Tract). ACTION: Approved. REQUEST FOR BALLOON DISPLAY (REMOVED AND HEARD SEPARATELY) 3.15 Request from business owner to display a large structural halloon on top of the Arco Station at 883 N. Tustin Street at Collins Avenue. (p1300.0.9) SUMMARY: The applicant, Mehdi Mahdavi is requesting approval of a large structural balloon on top of his building. Mr. Mahdavi feels the street construction projects on Collins and Tustin during the past year and the proposed widening of the bridge on Collins to start next month, have had an adverse impact on his business and the large balloon would help his business to be visible. FISCAL IMPACT: None. Discussion: Barbara DeNiro, (address on file), expressed concern with balloons on businesses during the weekends when there is no code enforcement to have them removed. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny this request and work with the applicant to find other solutions. RESOLUTIONS 3.16 RESOLUTION NO. 9225 (A4000.0 APP-471) A Resolution of the City Council of the City of Orange overruling the decision of the Planning Commission and upholding Appeal No. 471, granting a variance to allow the construction of a six foot nine-inch fence within the front yard setback of property located at 296 and 302 North Thora Street. Appeal No. 471, Variance No. 2067-99 PAGE 6 CITY COUNCIL MINUTES February 22, 2000 3. CONSENT CALENDAR (Continued) Applicants and Appellants: Ta Nguyen and Thang Cao NOTE: Councilmen Slater and Alvarez recorded a "no" vote on this item to be consistent with their previous votes. ACTION: Approved. 3"17 RESOLUTION NO. 9227 (A2100.0 AGR-3188) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 989-18; W-589; Paulus Engineering, Inc.: Water Line Relocations and Improvements in conjunction with Caltrans La Veta Overpass Widening. ACTION: Approved. 3.18 RESOLUTION NO. 9228 (A2100.0 AGR-3369) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 990-06; SP 3285; Ranco Corporation; ADA Wheelchair Access Ramps - Various Locations. ACTION: Approved. 3.19 RESOLUTION NO. 9229 (A4000.0 APP-468-A) A Resolution of the City Council of the City of Orange upholding Appeals 468-A and 468-B and denying Conditional Use Permit 2298-99 and Mitigated Negative Declaration 1606-99 which would allow the construction of a parking structure and a second story addition to Orange Hill Restaurant. Appeal Nos. 468-A and 468-B, Conditional Use Permit 2298-99 Mitigated Negative Declaration 1606-99, Applicant: Specialty Restaurants Corporation ACTION: Approved. SPECIAL EVENTS 3"20 Request from UCI Medical Center to conduct a 5K/I0K RunIWalk from The Block in Orange to Edison Field in Anaheim, on Sunday, March 12, 2000 starting at 6:30 a.m" (P1300.0.9) PAGE 7 CITY COUNCIL MINUTES February 22, 2000 3. CONSENT CALENDAR (Continued) SUMMARY: The UCI Medical Center is proposing to conduct a 5K!10K Run/Walk from The Block to Edison Field. This will require the closure of the three outside lanes of southbound The City Drive and State College from The City Way to Orangewood Avenue where the City of Anaheim will close the lanes of their streets. The proceeds from the event will go to further cancer research. ACTION: Approved. FISCAL IMPACT: All costs associated with this event are the responsibility of the sponsor or promoter. A deposit to cover anticipated City costs has been submitted to Finance. MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 3.4 was continued to the March 14,2000 meeting. Item Nos. 3.6 and 3.15 were removed and heard separately. Councilmen Slater and Alvarez recorded a "no" vote on Item No. 3.16. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR COONTZ Tape 735 4.1 Update on Jail Issue. Mayor Coontz gave the following report: Last week, Irvine and Lake Forest unveiled a proposed settlement with the County Sheriff that would cap the number of minimum and medium security inmates at the Musick Branch Jail. It sounds good in theory, but what about the maximum security inmates? That was not addressed at all. For months, and maybe years, the message has been that Orange County has a serious shortage of j ail beds and that the existing facilities could not possibly meet the projected demand. That is the message we have been given. Last week, Sheriff Carona took another look at the projections and changed his mind. Apparently, with the new Musick proposal, the County will have enough jail beds to see us through a number of years without adding maximum security jail beds. Will these facilities really be adequate or will we face another jail debate in a few years? The proposed Settlement Agreement with Lake Forest and Irvine still requires the Board of Supervisors to pursue a remote jail site. There are many questions and issues that still need to be resolved. The ultimate decision lies in the hands of the County Board of Supervisors. We are thankful that Supervisor Smith, Silva and Coad are doing all they can to protect Orange from bearing the burden of an additional County jail facility. There is a faint light at the end of the tunnel. Supervisor Smith has formed a committee that will evaluate South County's Musick proposal and take a close look at the jail overcrowding issue. The Committee is comprised of a retired judge, two local police chiefs, a PAGE B CITY COUNCIL MINUTES February 22, 2000 4. REPORTS FROM MAYOR COONTZ (Continued) UCI professor, and two local city managers, including our own Dave Rudat. This is the first time in the past six months that our City will have any real insight into what the South County cities are proposing. Last month this Council voted 4-1 to oppose Measure F. A majority of us believe that this measure would encourage the siting of a second jail in our backyard if it passed with a yes vote. With our City Manager at the table, among the other people who have been appointed by the Supervisors, we hope to have solid information about the County jail siting issue to share with you in the near future. 5. REPORTS FROM COUNCILMEMBERS Tape 809 5.1 Councilman Slater - presentation of Resolution No. 9230. (OR1800.0.3.18.2) Mayor Coontz noted a letter dated February 17, 2000 was received from Barbara deBoom, President/CEO and Phyllis Cahill, Chairman of the Board, of the Orange Chamber of Commerce, indicating that the members voted to support the reuse of EI Toro Marine Base as an International Airport. The letter states that it is imperative to use this opportunity to ensure future growth of businesses in Orange County and that economic growth will be greatly enhanced by the addition of an international airport. Further, the letter states that the business community must do everything in its power to assure EI Toro Airport is built. Councilman Slater reported that at the February 8, 2000 Council meeting he indicated that Supervisor Coad had asked all City Councils in her district, who had not officially voted to support commercial reuse of EI Toro, to do so. He noted that although four Council members have publicly stated their support for the airport many times as elected leaders in Orange, an official stand should also be taken. Councilman Slater commented there is no doubt that this is the largest land use decision to face Orange County. Orange citizens have voted twice to support the airport by margins of 56% and 71 % respectively. Speaking in opposition: Carole Walters, (address on file) Juan Pablo Serrano-Nieblas, 224 N. Olive Street Speaking in support: Stephanie Richie, 333 N. Glassell Matt Smith, 470 N. Glassell Street Larry Tannas, 1426 Dana Place Don Saltarelli, 7603 E. Skylark Place Peggy Ducey, 238 W. Main Street, Executive Director ofOCRAA PAGE 9 CITY COUNCIL MINUTES February 22,2000 5. REPORTS FROM COUNCILMEMBERS (Continued) COUNCIL COMMENTS: Councilman Alvarez stated for the record his reasons for not supporting an airport at EI Toro. When the City chose to join the Orange County Regional Airport Authority (OCRAA), it was to be done on an informational basis. Had he realized it would lead to making motions in favor of the airport, he would not have supported joining OCRAA. Councilman Alvarez referenced a letter from the Airline Pilots Association International, that represents 55,000 pilots who fly for more than 51 different airlines in the United States and Canada, who do not support the airport, as they saw a lot of safety and common sense issues that have not been resolved. Councilman Alvarez said that the proposed EI Toro Airport, with 24 hour flights, will increase the already existing flight paths out of John Wayne over East Orange, indicating there are currently eleven flights over East Orange between the hours of 11 :00 a.m. - noon; fourteen flights between 5:00 p.m. - 6:00 p.m.; twelve flights from 7:00 p.m. - 8:00 p.m.; and eleven flights from 9:00 p.m. to 10:00 p.m. The Allied Pilots Association (representing American Airline Pilots) submitted a letter to the County objecting to the easterly and northerly departure path, stating the proposed path at EI Toro Airport is completely unacceptable to the pilots, and they believe the County forces proposing the plans are going against all common sense and safety. A letter from the Western Pacific Regional Safety Chairman of the Airline Pilots Association again details issues regarding the runway paths. The FAA was reported as saying the take-off patterns may have to be changed. Councilman Alvarez commented it is hard to support something as a public policy when it is unknown what the cost or impact will be. He will honor what the voters decide on March 7"'. Mayor pro tem Spurgeon referred to his past years of experience with an international airline. As a general rule, pilot unions have not supported too many existing airports. The FAA will make the final decision on whether the runways are safe or not. The Director of the FAA has indicated, in general concept, that he favors an airport at EI Toro. However, a lot has to be worked out in terms of which runways are used and under what conditions. Mayor pro tern Spurgeon concluded that he is opposed to Measure F and supports an airport at E1 Toro, with no increased traffic at John Wayne in the future. Councilman Murphy commented on the need for an airport. He feels that Councilman Alvarez's arguments against an airport at EI Toro, are in his opinion, arguments for EI Toro. Flight paths over East Orange will increase if E1 Toro Airport is not built. It is time to step forward and reconfirm Council's position with a resolution in support of the airport, with the belief that the airport will ultimately be built with all the safety and environmental considerations in mind. Councilman Slater commented that there have been many professional studies stating a need for an additional airport in Orange County to meet future traffic needs. Ifthere is not an airport at EI Toro, John Wayne would have to be greatly expanded. The departing flights from John Wayne Airport are an e-ticket ride for noise mitigation measures. There should not be an expansion of John Wayne or air traffic at John Wayne. For the future of the County, the future of business, quality oflife, and economic health for the County, there needs to be an airport at EI Toro. PAGE 10 CITY COUNCIL MINUTES February 22, 2000 5. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Coontz expressed appreciation for the new information and opinions received from those who spoke regarding the airport. The economic viability of Orange County will be severely diminished ifthere is not an airport at EI Toro. Concern was also expressed with return flights to John Wayne Airport. Mayor Coontz commented on the amount of public monies being spent in the south counties to see that EI Toro does not go forward. RESOLUTION NO. 9230 A Resolution of the City Council of the City of Orange supporting commercial aviation reuse of EI Toro. MOTION - Slater SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved to adopt Resolution No. 9230. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Report from the Community Development Director requesting approval of special events/pageants that will close the Plaza public streets during a portion of 2000/01. (P1300.0.9) NOTE: Councilman Alvarez abstained from voting and left the dais on this item due to a property interest at 131 S. Glassel1. The Director of Community Development reported the requested events are as follows: Car Show - Orange County Mustang Club Orange International Street Fair Trick or Treat through the Streets - Community Services Department Christmas Tree Lighting - Community Services Department Car Show - Orange Rotary Club July 9, 2000 September 1-3, 2000 October 26, 2000 December 3, 2000 April 22, 2001 The Rotary Club of Orange Sunrise received approval for their April 30, 2000 Car Show in June, 1999. Mayor Coontz commented that each group needs to be informed of Council's decision and kept informed if their event may be impacted by any public works construction projects. PAGE 11 CITY COUNCIL MINUTES February 22, 2000 7. ADMINISTRATIVE REPORTS (Continued) RESOLUTION NO. 9223 A Resolution of the City Council of the City of Orange temporarily closing sections of Glassell Street and Chapman Avenue immediately abutting the Plaza area of the Downtown Business District for approved special events. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved to approve the events and dates that will occur during 2000-2001 and adopt Resolution No. 9223. 7.2. Report from the Director of Community & Library Services regarding the formation of the Park, Planning and Development Commission" (OR1800.0.10) SUMMARY: The Director of Community and Library Services is submitting a report regarding the feasibility of the formation of a Park, Planning and Development Commission. The City Council, at its meeting on January 25, 2000, requested staff to review ideas presented at that meeting and report back on the proposed structure of the commission. The City Council recently adopted the Master Plan of Park, Facilities and Community Services which identifies a severe shortage in park acreage and identifies several policy recommendations which may be appropriate for a City Commission to provide guidance for implementation. The Director of Community and Library Services reported the proposed Commission would be engendered by the City to pursue the direction of the Master Plan of Parks, work with staff in the implementation of the process, and serve as advisory to the City Council on implementing the Master Plan of Parks document. The Commission would be comprised of five members, appointed by the Mayor, with input from the City Council and City Manager. The goals of the Commission would be as follows: . Implement park planning, design and development policies as outlined in the Master Plan of Parks. . Develop and implement strategies to solicit community and special interest groups' regular input regarding acquisition, park and facility needs. . Review park conceptual designs prior to development and receive public input. . Review existing parks for possible renovation and use, with public input. . Encourage and support relationships with volunteer and non-profit organizations regarding parks, facilities and open space. PAGE 12 CITY COUNCIL MINUTES February 22, 2000 7. ADMINISTRATIVE REPORTS (Continued) In response to Mayor pro tern Spurgeon, the Director of Community and Library Services indicated more staff time would be needed to support the Commission. Councilman Alvarez asked what the difference is between the Parks, Recreation and Cultural Arts Commission which disbanded in 1996 and the proposed Park, Planning and Development Commission? How does this Committee fit in with the proposed Rock Creek Park at Prospect and Walnut and the Citizen's Committee that he and Councilman Slater are involved with on the Sully Miller and R. J. Noble sites? Mayor Coontz explained that at the time of the Parks, Recreation and Cultural Arts Commission, the City did not have a Master Plan of Parks, goals and objectives, and there was not the emphasis on sports activity or parks in general that there is today. The Community and Library Services Director added that the City also lacked the development it currently has in park development and renovation. Referring to Rock Creek Park, the new Commission would have input on its development. The Commission would be involved if the City were to acquire any land to be developed. Carole Walters, (address on file), expressed concern with the Commission being political. The City Attorney noted that the Commission would comply with the Brown Act. Councilman Murphy commented the goals and objectives will carry forward the Master Plan of Parks. The community will have the opportunity for input prior to recommendations coming before Council, as Commission meetings will be publicly noticed. Mayor pro tem Spurgeon expressed concern for the strain on staff, indicating he cannot support the Commission. Councilman Slater commented that he concurs with Mayor pro tern Spurgeon relative to the staff time involved with a commission. However, the Commission will fill the need to implement the Master Plan of Parks. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz NOES - Spurgeon, Alvarez PAGE 13 CITY COUNCIL MINUTES February 22,2000 7. ADMINISTRATIVE REPORTS (Continued) Moved to: 1) Form a Park, Planning and Development Commission to advise City Council on the implementation of the Master Plan of Parks; 2) Establish a structure for the Commission consisting of 5 members appointed by the Mayor, with input from the City Council and City Manager; 3) Instruct City Clerk to advertise for Commissioner appointments; and 4) Mayor and City Council members seek input as to the appointment and selection of appointees to the Parks, Planning and Development Commission. 7.3 Report from the Director of Public Works/City Engineer concerning approval of a fund transfer in the amount of $150,000.00 for City Project 3809 (Route 55 overcrossing at Meats Avenue). (S4000.S.7) SUMMARY: The fund transfer for City Project 3809 is required to provide sufficient funds to allow the City of Orange to continue payments to the Department of Transportation as outlined in the contribution agreement executed on September 23, 1998, for the Route 55 overcrossing at Meats Avenue. The Director of Public Works presented the report. MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize fund transfers for Route 55 overcrossing at Meats Avenue for project construction and administration: $75,000 from Account No. 262-5011-483300-3820-00000 to Account No. 262-5011-483300-3809-00000; and $75,000 from Account No. 272-5011-483300- 3817-00000 to Account No. 272-5011-483300-3809-00000. FISCAL IMPACT: Funds are budgeted or available in the following accounts: 272-5011-483300-3817-00000 (Gas Tax) La Veta 262-5011-483300-3820-00000 (Traffic Improvement, Measure M) Katella 272-5011-483300-3809-00000 (Gas Tax) Meats 8. REPORTS FROM CITY MANAGER Tape 2274 8.1 Report on establishing policies and guidelines for advertising, promotion and notification in the City's Orange Progress quarterly magazine. (C2500.N) The Director of Community and Library Services presented the report. Mayor Coontz noted that she requested a policy on the Orange Progress be brought back to Council. PAGE 14 CITY COUNCIL MINUTES February 22, 2000 8. REPORTS FROM CITY MANAGER (Continued) Mayor pro tern Spurgeon expressed concern with the proposed policy language that the Orange Progress "may contain other items which are of interest to the community", indicating the language is too broad. The City Manager explained that the intent of the recommended language is to be able to provide information on upcoming City activities and programs. Councilman Alvarez commented that he had raised the issue that the Orange Progress should never have been sent out with a pro-airport insert at the taxpayers expense of $4,800. Councilman Murphy asked if any additional postage was paid for the insertion in the Orange Progress? The Director of Community and Library Services indicated that the Orange Progress is sent out at bulk rate. There was no increase in postage for the subject issue. Carole Walters, (address on file), commented on the misuse of the Orange Progress. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed dissatisfaction with the pro- airport insert and suggested Council avoid political advertising. The City Attorney explained the brochure was paid for by the County. The County and South County cities are spending enormous amounts of public monies to get their message out relative to the airport. It is not against Fair Political Practices Commission (FPPC) regulations to spend money to get messages out to the community on projects. Campaigning cannot be done on initiatives such as Measure F. Since the airport is not an initiative, the County and South County cities can spend monies. A primary reason for the insertion was to save taxpayer funds, i.e., save mailing costs for the County. There had been no previous policy forbidding the use of the Orange ProlP"ess for political purposes. MOTION - Spurgeon SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt the following policy: The Orange ProlP"ess shall not accept any tobacco, alcohol, political, religious or sexually explicit advertisements. All advertisements must meet publishing deadlines and are subject to the review of the Director of Community and Library Services. 9. LEGAL AFFAIRS Tape 3047 9.1 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 ofthe Orange Municipal Code which require updating to comply with existing law. PAGE 15 CITY COUNCIL MINUTES February 22,2000 9. LEGAL AFFAIRS (Continued) MOTION - Slater SECOND - Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 4-00 be read by title only and same was approved and adopted 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: 1 0 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation: 1) Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No. 78 02 84 2) Karen Hager v. City of Orange, et aI., Orange County Superior Court Case No. 807822 3) Howard Jarvis Taxpayers Association v. City of La Habra, Amicus Request 4) City of Orange v. County of Orange U.S. District Court Case No. SACV99-1563 AHS (ANx)) b. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (two potential cases) Siting of Orange County Jail in East Orange c. 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 3133 Roy Shahbazian, 3808 E. Palm, urged Council to make bikeways a priority when making decisions about the budget and staffing. There is no bike trail on Santiago Creek along the segment initially planned for in Phase I of the Bikeways Master Plan adopted in 1995. PAGE 16 CITY COUNCIL MINUTES February 22, 2000 12. PUBLIC COMMENTS (Continued) Mayor Coontz directed the City Manager to follow-up on the bikeway issue. The City Manager indicated the City is still pursuing federal grant monies for bikeways throughout the City. Terri Sargeant, 137 Cobblestone, Trustee of Orange Unified School District (OUSD), expressed concern with Council comments made at the February 8, 2000 meeting relative to the Serrano Heights Specific Plan Phase II. Ms. Sargeant clarified comments made at the meeting and stressed the need for the City and OUSD to work in a more cooperative spirit. Linda Davis, 9701 Janice Circle, Villa Park, Trustee ofOUSD, responded to Council comments made at the February 8, 2000 meeting regarding the Serrano Heights development. Bill Lewis, 1541 N. Highland, Trustee of OUSD, further addressed Council comments made at the February 8, 2000 meeting. Carole Walters, (address on file), commented on the need for the City to work with the school district. 13. PUBLIC HEARINGS Tape 3704 13.1 COMMUNITY FACILITIES DISTRICT NO. 91-2, SERRANO HEIGHTS PUBLIC IMPROVEMENTS (T1100.0.2 CFD-91-2) Time set for a public hearing to consider a request from SunCal Company, developer of the Serrano Heights Project, that Improvement Areas be combined within Community Facilities District No. 91-2. This will also require consideration to alter the Rate and Method of Apportionment of Special Taxes and Authorized Facilities for such areas and otherwise amend prior approved Bond Indebtedness and Appropriation Limits for the District. In order to make these changes it is necessary to hold a Public Hearing and conduct a special election of the property owners. All related costs to form this District will be paid from bond proceeds. In case bonds are not sold, SunCal Company has deposited $74,000.00 with the City to pay related formation costs. To date, the City has paid out $25,487.00 to consultants for a market absorption study, special tax consultant, appraiser, financial consultant, legal publishing, recording fees and Federal Express mailing. MAYOR COONTZ OPENED THE PUBLIC HEARING. Juan Pablo Serrano-Nieblas, 224 N. Olive Street, protested the use of his family name "Serrano" for a housing project going up where there should be no human habitation. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. PAGE 17 CITY COUNCIL MINUTES February 22, 2000 13. PUBLIC HEARINGS (Continued) COUNCIL COMMENTS: Councilman Alvarez asked why school fees have been waived in the past. The Planning Manager explained that in 1974, Serrano Heights (known as Peralta Hills at that time), was owned by one of the oil companies. An agreement formed with the school district identified three or four schools within the area and has guided the planning effort in providing for schools coming forward. The project proposed in the late 1980's did not include a school site. At that time, the City entered into a development agreement with a plan that did not provide for a school site, which is the reason a school site is not currently proposed. The City Attorney commented on litigation which recently concluded, wherein the school district did try to impose a school mitigation fee. He explained that a statutory fee of a fixed amount can be collected under State law. A super fee can be imposed if a study is done which justifies a fee higher than the State statutory fee. In the 1974 exchange agreement referred to by the Planning Manager, the courts found that the developers dedication of school sites complied with all school mitigation measures that the developer was to comply with under State law. The developer cannot be made to pay any school mitigation fees. The City Manager commented that in reviewing documentation on Serrano Heights back to the 1980's, no requests for schools were made by the OUSD when they had the opportunity to do so. The Planning Manager indicated that OUSD was closing and selling off school sites in the 1980's due to declining emollment. The City Manager commented the City desires to help the school district facilitate the acquisition of school sites or additional classrooms when it has the opportunity to do so. However, the City is bound by the Development Agreement. During opportunities when the Development Agreement could have been amended, even as recently as 1997, no requests were made by OUSD. Mayor Coontz commented that she and Councilman Murphy are Council appointees to the Cities-Schools Coordinating Committee. The City is awaiting OUSD's study of fees, which must be done by State law, in order for them to request additional monies. The City Manager explained that the City expended monies to hire a consultant to review the district's study. Before the study was complete, the law changed taking the responsibility from the City and giving it back to the school district. The information was provided to OUSD. The City has asked for, but has not yet received, reports relative to classroom counts and other information they would provide to the State. PAGE 18 CITY COUNCIL MINUTES February 22, 2000 13. PUBLIC HEARINGS (Continued) RESOLUTION NO. 9219 A Resolution of the City Council of the City of Orange calling special elections regarding combining of improvement areas within the City of Orange Community Facilities District No. 91-2 (Serrano Heights Public Improvements), and alteration of the Rate and Method of Apportionment of special taxes, the authorized facilities, and the bonded indebtedness and appropriations limits for the district. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved to adopt Resolution No. 9219. The City Clerk opened four ballots and announced that Ballot Measures A, B, C and D were unanimously approved. Mayor Coontz announced the results of the election being unanimously in favor ofthe elimination of the improvement areas in the District, and the alteration of the Rate and Method of Apportionment of taxes, the facilities and the bonded debt and appropriation limits for the District, we may now proceed with the final actions for the District. RESOLUTION NO. 9220 A Resolution of the City Council of the City of Orange determining that the improvement areas within the City of Orange Community Facilities District No. 91-2 (Serrano Heights Public Improvements) are lawfully combined, determining that the alterations of the rate and method of apportionment of special taxes, the facilities to be financed by and the bonded indebtedness limit and the annual appropriations limit for the district have been lawfully authorized, and directing recording of third amendment to notice of special tax lien. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved to adopt Resolution No. 9220. PAGE 19 CITY COUNCIL MINUTES February 22, 2000 13. PUBLIC HEARINGS (Continued) 13.2 ZONE CHANGE 1203-99, TENTATIVE TRACT MAPS 14550 and 15656, SUN- CAL COMPANIES (Z1500.0 ZCG-1203-99) Tape 4325 Time set for a public hearing on petition by Sun-Cal Companies to consider Zone Change 1203- 99 to modify regulations for residential development areas (DA) 2 and 4 in the Serrano Heights Specific Plan; and Tentative Tract Maps 14550 and 15656 to allow the subdivision of 16.1 acres of property by 100 lots and construct 226 single family detached residences in the Peralta Hills, east of the intersection of Serrano Avenue and Apache Creek Road and north of Santiago Oaks Regional Park, in an area governed by the Serrano Heights Specific Plan. NOTE: Environmental Impact Report 954 and Supplemental EIR 1305 were previously prepared for the Serrano Heights project and certified by the City of Orange. The environmental analysis was amended February 19, 1997. The Planning Manager presented the report, noting a letter was received from the Mabury Ranch Homeowners Association in support of the project. In response to Councilman Alvarez, the Planning Manager indicated the park locations in each tract map are approximately 4,000 to 5,000 square feet. Each tract has an additional 4.4 acre neighborhood park. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. COUNCIL COMMENTS: Councilman Slater commented if this had to be done over again, he would probably look at it differently in light of where the City is today. However, the proposed project is a big improvement with the density reduction, sparing of the ridgelines, etc. He expressed support of the project, although tentatively. Councilman Alvarez commented on the importance of the City upholding its end of the development agreement. However, he expressed opposition to the project as it does not mitigate the problem with schools. Attention needs to be raised that parks and schools need to be better planned for in the future. Frank Elfend, Elfend and Associates, 18101 Von Karmen, Suite 1260, Irvine, clarified that the proposal before Council is to reduce density on the project by over 400 units. In response to Mayor Coontz, Mr. Elfend indicated the first application for the property was submitted around 1974. Mayor Coontz commented on the importance of the extension of Serrano at that time to connect with the Anaheim Hills Elementary School. Mayor pro tern Spurgeon asked that Mr. Elfend do everything he can to work with OUSD to negotiate more space for schools. PAGE 20 CITY COUNCIL MINUTES February 22, 2000 13. PUBLIC HEARINGS (Continued) Mr. Elfend indicated they will continue to try to work with OUSD to create a ten acre pad to build the school. The ten acre pad is made up of approximately four acres of land owned by SunCal. OUSD currently has approximately six acres of undeveloped land next to the four acres, which is basically a ravine that would need to be filled. SunCal will grade the ten acres at SunCal's cost, which is a great benefit to the OUSD. Between the two properties, there would be roughly ten acres. SunCal has agreed additionally to provide OUSD with another four acres of flat land and improve their parking lot. An offer to provide land to OUSD has been made. As of today's date, an agreement has not been reached. Councilman Murphy expressed support for the project with the change to single-family dwellings and reduced density. MOTION - Murphy SECOND - Mayor Coontz A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to confirm that project environmental impacts were adequately addressed by Environmental Impact Report 954 and Supplemental EIR 1305, which was amended in February, 1997. MOTION - Murphy SECOND - Mayor Coontz A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to determine that the proposal is consistent with the City's General Plan, Serrano Heights Development Agreement and Specific Plan. MOTION - Murphy SECOND - Mayor Coontz AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Zone Change No. 1203-99 as outlined in Planning Commission Resolution No. PC-3-00. MOTION - Murphy SECOND - Mayor Coontz A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Tentative Tract Maps 14550 and 15656 as outlined in Planning Commission Resolution No. PC-4-00 and PC-5-00. PAGE 21 CITY COUNCIL MINUTES February 22, 2000 13. PUBLIC HEARINGS (Continued) 13.3 APPEAL NO. 466, VARIANCE NO. 2068-99, WESTERN TECHNICAL SERVICES (A4000.0 APP-466) Tape 5057 Time set for a public hearing to consider Appeal No. 466 by Western Technical Services of the denial by the Planning Commission to allow a telecommunications tower and antennas to exceed the maximum permitted height by 75 feet. The site is surrounded by industrial buildings in the M-2 Zone (Industrial Manufacturing) and located at 526 West Blueridge Avenue. NOTE: Negative Declaration 1616-99 was prepared to evaluate the environmental impacts of this proj ect. THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: "This is a request to allow an opportunity to present new information and argument for Board consideration." The Planning Manager presented the report. MAYOR COONTZ OPENED THE PUBLIC HEARING. APPELLANT: Robert Jordan, 602 S. Hilda Street, Anaheim, clarified their intent is for a 130 foot tower; a 140 foot tower would include omni-style antennas. Mr. Jordan rebutted the decision made by the Planning Commission for denying their variance request. In response to Councilman Murphy, Mr. Jordan explained their original request with the City was to erect a 130 foot tower, indicating they were advised that code allows for a 65 foot tower. They were told to submit their request for the 65 foot height; build the structure capable of going higher; and submit through the variance process. Mayor Coontz asked if there is any record of that activity? The Planning Manager indicated staff would have been very clear with Mr. Jordan, as a few years ago staff went through an extensive process of reevaluating where cellular antennas could be located, acceptable heights, etc. An environmental document was done based upon allowing them in the industrial and commercial areas as long as they were a certain distance away from residential areas at the 65 foot height. Anything above 65 feet falls into a different category. The location of this site, in the opinion of staff and the Planning Commission, did not provide uniqueness that qualified it for a variance request. The Fire Chief cornmented a new problem has arisen in the County of Orange during its transition of all police and fire tachtical radio frequencies from an analog to a digital system are dead spots, whereby vehicles could not receive or transmit information. The reason for dead spots was found to be the influence of certain digital telephone technology upon radio systems. PAGE 22 CITY COUNCIL MINUTES February 22, 2000 13. PUBLIC HEARINGS (Continued) Speaking in opposition: Phil Anderson, 435 N. Equestrian, commented his primary concerns are aesthetics and property values. Mr. Anderson urged Council to uphold the Planning Commission's decision and deny the variance request. REBUTTAL: Robert Jordan commented they do not desire to drive down the price or value of the property and that he does not believe that property values would be negatively affected. The tower structurally complies with the code. The proposed tower does not set a precedence. Mr. Jordan referred to the 500 Edison towers around the property relative to aesthetic issues raised. Further, FCC licensing and restrictions govern the type of situation the Fire Chief addressed. The City Manager asked what the 65 foot tower is currently being used for? Mr. Jordan responded the tower is empty. They have not moved forward with installing equipment until this issue is resolved. MAYOR COONTZ CLOSED THE PUBLIC HEARING. COUNCIL COMMENTS: Councilman Slater commented he feels the project will have a negative visual impact on the area, the quality ofthe site and its surroundings. Councilman Murphy commented that in addition to the visual issues, he cannot find a special circumstance of the property that would allow for the granting of a variance. Mayor Coontz commented on the need for review of the City's ordinance based on the information provided by the Fire Chief. Councilman Alvarez expressed opposition to the variance request in order to stay consistent with his views on signage in the City. MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny Negative Declaration No. 1616-99 MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 23 CITY COUNCIL MINUTES February 22,2000 13. PUBLIC HEARINGS (Continued) Moved to deny Appeal No. 466. 14. PLANNING AND ENVIRONMENT Tape 6604 14.1 Award of Contract to IT Corporation, in accordance with the City's emergency contracting procedures, for installation of the Yorba Park methane gas control system. (A2100.0 AGR-3460) SUMMARY: The County of Orange Health Care Agency in its role as the Local Enforcement Agency (LEA) under the Integrated Waste Management Act is requiring the City of Orange to install a methane gas control system at Yorba Park by March 13, 2000. IT Corporation was previously retained by the City to monitor gas levels, prepare system design and obtain necessary permits for construction of a system. Permitting and design are now complete, with system installations estimated to cost $190,250. Installation by the City will be necessary to meet the March 13, 2000 deadline imposed by the LEA. FISCAL IMPACT: Appropriation of $231 ,000.00 of General Funds is required. Note: Mayor pro tern Spurgeon abstained and left the dais on this item due to his position at the County of Orange being in charge of the oversight of the Local Enforcement Agency (LEA). The Director of Public Works presented a brief report. MOTION - Alvarez SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon Moved to approve appropriation of $231,000.00 from General Fund unappropriated reserves to Account No. 500-5011-426700-3051-10240 (Capital Projects) for system installation and related administrative costs. MOTION - Alvarez SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon Moved to find that this project is essential to public health, safety or welfare and that public bidding procedure be waived in accordance with Section 22050 of the Public Contract Code. PAGE 24 CITY COUNCIL MINUTES February 22, 2000 14. PLANNING AND ENVIRONMENT (Continued) MOTION - Alvarez SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon Moved to award a contract in the amount of $190,250.00 to IT Corporation for installation of a methane gas control system at Y orba Park in a form approved by the City Attorney and the Mayor and City Clerk to execute on behalf ofthe City. 15" ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 8:28 p.m. in memory of Fire Captain Robert Frick to Tuesday, March 8, 2000 at 5:00 p.m. in the Weimer Room to discuss 2000/2001 Budget Goals and Objectives. ~JG ~:dr/~4X CASSANDRA J. !>\THCART, CMC CITY CLERK JOANNE COONTZ MAYOR PAGE 25