1/28/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON FEBRUARY 11,2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 28,2003
The City Council of the City of Orange, California convened on January 28, 2003 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
Given by Pastor Steve Fiechter, Christ Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Ambriz
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Employee Service Awards
Vincent Bonacker - Fire; Robert Skinner - Police (not present); Jerry Carter - Public
Works; Chris Huddleston - Police (not present); Tom Groseclose - Fire; Adrian
Montoya - Fire (not present)
The following employees were recognized for their hard work and outstanding effort on
the City of Orange United Way Campaign' 2002: Pamela, Passow - Campaign
Coordinator; Pam Witham - Assistant Campaign Coordinator; Barbara Behrens, Belinda
Urtez, Bobbie Comstock, Brent Mullins, Carolyn Shigemasa, Connie Rodriguez, Glenn
Kaye, Jackie Bateman, Joyce Hansen, Julie McWhorter, Karen Sully, Leslie Williams-
Frazer, Michele Day, Nancy Tuleja, Patti VanVoorst, Rebecca Serna, Robby Tatro, Sally
Trejo, Shannon Pyne, Shawn Biackiston, Sharon Kirkland and Virginia Miscione.
Checks were presented to City of Orange United Way recipients Mary McAnena
representing Mary's Kitchen and Cathy Seelig representing the Friendly Center.
Mayor Murphy announced Council will adjourn in memory of Jim Wood, Code
Enforcement Officer for the Department of Public Works; and presented his family with
a Memorial Adjournment Certificate.
2.
PUBLIC COMMENTS
TAPE 550
Tom Wills, 1654 Mockingbird Place, owner of 1052 Arbor Way, spoke in opposition to
the proposed Citrus Apartment project on West Chapman.
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CITY COUNCIL MINUTES
January 28, 2003
2. PUBLIC COMMENTS (Continued)
John Baker, 1051 Arbor Way, spoke in opposition to the proposed Citrus Apartment
project on West Chapman.
Arlen Craig, address on file, spoke on development, density and environmental issues
and submitted information.
Dorothy Stewart, address on file, spoke in support of strict enforcement of RV parking
codes.
Dr. Steven Heilman, 1429 E. Oakmont, spoke in support of modifying the RV parking
codes.
Mil Thornton, 1243 E. Trenton, spoke on conflicting RV codes and suggested a meeting
between the two citizen groups on this issue - It's Our City Too and Keep Orange Clean.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of January 28, 2003 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,
summarized on Time-Warner Communications and available on the City's Website
www.cityoforange.org, 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 2 and 9, 2003.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting January 14, 2003.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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January 28,2003
3. CONSENT CALENDAR (Continued)
3.5 Receive and file the City Treasurer's Report for the period ending December 31, 2002.
ACTION:
Approved.
AGREEMENTS
3.6 Award of Professional Services Agreement for the Revisions of Construction Plans
and Engineering Calculations for Chapman Avenue Widening from Bitterbush
Street to Main Street. (A2100.0- AGR-4210)
SUMMARY: This agreement authorizes the Consultant to provide updated field
surveying, revise engineering calculations, and modify construction plans and
specifications for the Chapman Avenue Widening Project to conform to final right-of-
way acquisition requirements.
ACTION: Approved agreement with Merit Civil Engineering in an amount not to exceed
$51,985.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in the following account:
284-5011-483300-4038 (TSIP)
APPROPRIATIONS
$51,985.00
3.7 Appropriation for funds held by Metro Cities Fire Authority. (C2500.H)
SUMMARY: Request an appropriation to account for expenditures paid for by Metro
Cities from the Member specific account These funds are currently available for Orange
Fire Department expenditures.
ACTION: Approved appropriation of funds as follows in the Fire Department's budget
for Fiscal Year 2002-03:
100-3021-471301-2400 (purchase computer equipment) - $9,200
100-3021-427800-2400 (metro net communications) - $50,000
This account will be used to document any expenditures made from Metro Net Member
Specific account
FISCAL IMPACT: None. The Member Specific account at Metro Net is a fully-funded
account, existing money is already in the account
BIDS
3.8 Project No. D-142; CDBG Project - Shaffer Street Phase I Storm Drain
Improvements from Santiago Creek to Culver Avenue. Approval of plans and
specifications, and request for authorization to advertise for bids. (C2500.M.17)
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January 28,2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Plans and specifications have been completed for the Shaffer Street Storm
Drain Improvements Project. The project is ready to be advertised for bids. The
estimated construction cost is $482,000.00 including contingencies (10%), and
construction engineering (5%).
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG Shaffer Street Storm Drain Improvements construction project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program in Account
No. 310-9645-483400-5379 - Community Dev. Block Grant (CDBG) - $ 300,000
3.9 CLAIMS
SUMMARY: The City Attorney recommends that the Orange City Council deny the
following Claim(s) for damages:
a. Jennifer Lund
b. SJD Leasing
c. Catherine McMillan
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
DONATIONS
(REMOVED AND HEARD SEPARATELY)
3.10 Equipment Account No. 100-3021-446500. (C2500.H)
SUMMARY: An Orange resident, Judith A. Pearce, has donated a check in the amount
of$100.00 to be used to augment the Fire Department's fire hose, nozzles and equipment
budget.
The Council expressed their appreciation for this contribution.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Accepted donation in the amount of $100.00 and appropriated the funds to
Account No.1 00-3021-446500 (Fire Equipment).
FISCAL IMPACT: The $100.00 donation will augment the Fire Department's
equipment budget (100-3021-446500).
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3. CONSENT CALENDAR (Continued)
FUND TRANSFER
3.11 Request to transfer funds for extra work to complete traffic signal modifications
and installation at Main Street and Palmyra Avenue, and Katella Avenue and
Cambridge Street. (A2100.0 AGR-3983)
SUMMARY: A contract change order for extra work for the traffic signals under
construction at the intersections of Main Street and Palmyra Avenue and Katella Avenue
and Cambridge Street It is necessary to transfer the required funds into these two CIP
project accounts.
ACTION: Transferred $2,170.00 from Account No. 284-5032-483100-6122
(Taft/G1assell Railroad Signal Modifications) into the following accounts:
$ 360.00
$1,810.00
284-5032-485100-6119
294-5032-483100-6060
Katella and Cambridge Signal Modification
Main and Palmyra Signal Installation
FISCAL IMPACT: Sufficient funds are available in Account No. 284-5032-483100-6122
(Taft/Glassell Railroad Signal Modifications) for the transfer.
PURCHASES
3.12 Purchase and installation of eight (8) Westnet, Inc. First-In Fire Station Alerting
Control Systems from Metro Cities Fire Authority. (C2500.H)
SUMMARY: The First-In Fire Station Alerting Control System (through Metro Net who
provides dispatching services to the City of Orange) will utilize a series of remote units
placed strategically throughout the 8 fire stations to notify personnel of an emergency call
in the quickest and most advanced means possible. It will also interface with the current
radio activated vocals as a functional backup system.
ACTION: Authorized purchase not to exceed $57,000 for eight (8) Ethernet Data
Activated First-In MCV's, unit installations, and On-Site testing.
FISCAL IMPACT: Funds are budgeted and available in the following account:
FY 02/03 Acct No. 120-3021-481302-2954 $87,311 (Prop 172 Funds)
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.10 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 1200
5.1 CounciImember Coontz - Update on request for The Irvine Company's donation
toward a future East Orange Library.
Councilmember Coontz reported she had talked with The Irvine Company about a donation
towards a future new library in East Orange as part of the Library Master Plan; and received
assurance that The Irvine Company would be interested in making a monetary donation. She
noted the consultant working on the Library Master Plan is working on a new fee structure which
will include fees on development and the City will be discussing this with The Irvine Company
along with other issues the City would like The Irvine Company to participate in.
5.2 Mayor pro tern Alvarez - Request City review possible installation of traffic control
devices at Palmyra between Yorba and Prospect and Villa Real Drive between Santiago
and Ridge Park Lane. (S4000.S.3.3) TAPE 1250
Palmyra Avenue
Mayor pro tern Alvarez reported he has been monitoring the McPherson Neighborhood
Committee's concerns about the traffic in their area, specifically on Palmyra. This Committee
has gone through the City process and followed procedures with no results; and asked if the
Council could review this issue and give some direction for traffic mitigation measures.
Councilmember Coontz asked what steps are already in place for this area; and asked for
clarification on specific meetings dates.
The Public Works Director reported the City Traffic Commission reviewed temporary roadway
narrowing alternatives along Palmyra but denied this on a permanent basis, which the
neighborhood agreed with. The Traffic Commission's intent was to then follow up with other
ideas. There is a meeting scheduled for January 30th between staff and the neighborhood
residents to discuss the potential of traffic diverters. He asked that the process be allowed to
follow its course; and stressed the importance of community support and trial periods to test the
effectiveness of different options.
Richard Hess, 308 S. Craig, stated the residents are willing to work with the City on a traffic
solution, but it has already been a year and a half since this process began.
Mayor pro tern Alvarez noted the Traffic Commission denied the request for roadway narrowing,
but it still does not mitigate the problems impacting the neighborhood. He was concerned
nothing was going to happen and the only way to raise the issue was to bring the issue before
Council.
Mayor pro tern Alvarez suggested directing staff to come back in 60 days with a
recommendation on what can be resolved with the McPherson Neighborhood Committee on a
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5. REPORTS FROM COUNCILMEMBERS (Continued)
remedy for this area and allow the McPherson Committee to go out into the neighborhood to
collect the necessary support to get everything in place.
Councilmember Coontz wanted to make sure the neighborhood was notified of the upcoming
community meeting on January 30th. She asked for progress reports on the McPherson
Neighborhood traffic issues as the Council is asked about this problem in the community and it is
important for the Council to be kept up to date.
Councilmember Ambriz expressed concern about the short notification of the January 30th
meeting; asked how residents are notified of such meetings; and asked about Stop signs along
Palmyra and what the costs would be for a sign.
Mayor Murphy asked if the Traffic Commission had considered Stop signs or diverters,
suggesting the Traffic Commission be allowed to consider this item, as they are an advisory
group for traffic issues. He suggested waiting for the results of the neighborhood meeting,
getting an update in 30 days and then the Council can review it again if necessary.
The Public Works Director reported the Traffic Commission denied Stop signs about a year ago,
but has not considered diverters. He reviewed the process for a traffic recommendation, and
reported the cost for a Stop sign ranges between $500 and $1000.
Mayor pro tern Alvarez stated this has become an urgency item, because the Traffic Commission
has looked at the information which seems to meet the threshold for a Stop sign and yet denied
the request for a Stop sign.
The City Manager pointed out that when the McPherson Committee was recognized by the
Council, the responsibility fell on the Committee to notify the rest of the group about community
meetings; but when a hearing is held by a decision making body the notification process would
then be the City's responsibility.
Councilmember Coontz stated the Council has heard different versions on the actual scope of the
McPherson Neighborhood Committee and pointed out the necessity for more information.
Councilmember Cavecche stated she would like the Council to consider this issue as she was
disappointed how the Traffic Commission has handled it so far.
The City Attorney stated he would review the Code and provide a report back to the Council on
the policy of having this issue going directly to the Council and not the Traffic Commission.
Council directed staff to provide a report back to Council within 60 days, or sooner, and based
on the results of the preliminary meetings between staff and the neighborhood, and potential
direction this issue is taking, the Council can make a determination at that point whether to
consider the item or have it reviewed through the Traffic Commission.
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5. REPORTS FROM COUNCILMEMBERS (Continued)
The City Manager stated staff will bring this back to the Council and will do the proper
notification to the neighborhood at that point for future meetings to solicit information.
Villareal Drive
Mayor pro tern Alvarez reported the Villareal traffic issues have not gone through the City
process yet, noting the problem with Villareal seems to be the design of the street.
Council directed staff to review the traffic issues on Villareal Drive, looking at the design issues.
Councilmember Cavecche clarified that the traffic management process would be implemented
with the Villareal neighborhood.
George Ramsey, 2740 E. Villareal, spoke on traffic issues; on Villareal and showed pictures of
the area.
William Stewart, 2406 E. Villa Real, spoke on traffic issues on Villareal.
Cambridge Street
Mayor Murphy asked staff to also review traffic issues along Cambridge, between Walnut and
Collins.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 2600
6.1 Reappoint the following members to the Audit Committee: Eric Woolery, Dwight
Nakata, David Sundstrom and G. David Piper, terms to expire January 2005.
Council thanked the members of the Audit Committee for their continued service to the
community.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to reappoint Eric Woolery, Dwight Nakata, David Sundstrom and G. David Piper to the
Audit Committee, terms to expire January 2005.
6.2 Reappoint the following members to the Investment Advisory Committee: James
Hansen, Charles Simons and Harold Jackson, terms to expire January 2005.
Council thanked the members of the Investment Advisory Committee for their continued service
to the community.
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6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to reappoint James Hansen, Charles Simons and Harold Jackson to the Investment
Advisory Committee, terms to expire January 2005.
7.
ADMINISTRATIVE REPORTS
TAPE 2650
7.1 Report by the Director of Community Development regarding a consultant services
agreement with Civic Solutions, Inc., a private planning consulting firm, to provide work in
the areas of current and advance planning and environmental review related to
development proposals for East Orange and Santiago Hills II by The Irvine Company.
(Continued from January 14, 2003) (A2100.0 AGR-4200)
SUMMARY: Staff anticipates that development applications will soon be submitted by The
Irvine Company for Santiago Hills II and East Orange. Coordination of the review of these
applications will require extensive staff resources, particularly since an environmental impact
report will be prepared. This consulting services agreement will augment the existing staff in
order to provide for adequate staffing to properly evaluate the proposals
Discussion
As requested at the January 14th Council meeting, Staff has provided the Council with
information on the proposed consultants.
Councilmember Coontz asked that staff, in the future, as a policy, provide information to the
Council on consultants.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved and authorized the Mayor and City Clerk to execute the consultant services
agreement with Civic Solutions, Inc. for contract planning staff to work on Santiago Hills II and
East Orange. The contract amount is not to exceed $350,000.00.
FISCAL IMPACT: None. The cost of the contract planner will be paid for by the applicant, The
Irvine Company.
7.2 Report by the Fire Chief regarding appropriation of funds for FEMA's Fire
Operations and Firefighter safety grant. (C2500.H)
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7. ADMINISTRATIVE REPORTS (Continued)
SUMMARY: The purpose of the FEMA Firefighter Grant Program is to protect the health and
safety of the public and firefighting personnel against fire and fire-related hazards. The City will
be receiving $113,488 from FEMA; which will have to be matched in the amount of $48,637.
The City will be using existing Joint Apprentice Committee funds to meet this obligation.
The Fire Chief provided a summary of the report, noting the matching funds for this grant will
not come out of the General Fund.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: I) Appropriated Fire Operations and Firefighter Safety grant funds as follows:
100-3021-471301-2522 (FEMA grant - equipment) $117,000
100-3021-445100-2522 (FEMA grant - supplies) $12,500
100-3021-426401-2522 (FEMA grant - contractual services) $32,625
2) Amended the Revenue Budget 100-3021-261500-2522 by $113,488 to reflect the income to
be received from FEMA.
FISCAL IMP ACT: None. The program is funded entirely through FEMA and the matching
Orange Fire Department funding will come from our existing Joint Apprentice Committee
training money.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1
ORDINANCE NO. 2-03 (FIRST READING) (A2500.0 Claims)
TAPE 2825
An Ordinance of the City Council of the City of Orange amending Chapter 3,16 of the Orange
Municipal code relating to filing claims against the City.
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 2-03 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
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CITY COUNCIL MINUTES
January 28,2003
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(a) - existing
litigation:
1) City of Orange v. Tosco Corporation, Orange County Superior Court Case No.
01CC15153
b. Conference with Labor Negotiators pursuant to Government Code Section 54957.6. City's
Negotiator: Steven Pham Employee organization: All bargaining and non-represented groups.
c. Public Employee Performance Evaluation pursuant to Government Code Section 54957:
Title: City Attorney
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 2920
Juan Pablo Serrano-Nieblas, address on file, spoke on California Proposition 215, and the legal
use of medical marijuana.
The following people spoke in opposition to the proposed Citrus Apartment Project in West
Orange:
Janet Schmitt, 1033 W. Arbor Way
Ani Allen, address on file
Jerry Mayes, 1042 W. Arbor Way - submitted letter
Scott Bottomley, 1005 Arbor Way
Bill Gallagher, 182 N. Lester St.
Mary St. Marseille, 1060 W. Arbor Way - submitted information
Scott Sheeks, 157 N. Citrus
Kim Minter, 180 S. Lime
Deann Parcheri, 1111 W. Chapman Ave.
Dorthy Stewart, address on file, spoke in support of enforcement ofRV parking codes.
Arlen Craig, address on file, spoke on the preservation of open space
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13.
PUBLIC HEARINGS
TAPE 3900
13.1 2001 CALIFORNIA FIRE CODE (A2500.0 Fire Code)
The public hearing to consider adoption of the 2001 California Fire Code and other amendments
has been continued from January 14, 2003. Note: The Public Hearing was not opened.
The Fire Chief provided a summary of the report, noting the proposed amendments are
consistent with what the City has had in the past. He clarified these amendments are the same as
those made in 1999 and is basically clean up language; and will not affect any new projects. One
section on an amendment was discussed by staff which would have changed the road width
requirement from 36 to 40 feet. However, the City will retain the standard 36 foot width for
roads which has always been the standard in Orange. One other change to the code is to use
more above ground flammable storage tanks.
The City Attorney noted the California Fire Code becomes effective 180 days after publication;
and cities are subject to the provisions of the Code. However, a City can adopt more stringent
amendments.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Mel Vernon, address on file, spoke on the Fire Code Sections relating to dead end streets.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Chief Bonacker explained the City's requirement for sprinklers at the end of a long dead end
street is to provide a built in protection system for those homes at the end of the street in the case
of an evacuation or fire hazard.
RESOLUTION NO. 9692
TAPE 4450
A Resolution of the City Council of the City of Orange, California, setting forth findings with
respect to local conditions within the City of Orange which make certain modifications and
changes to the California Fire Code necessary for various occupancies.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9692.
ORDINANCE NO. 17-02 (SECOND READING)
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code to adopt the 2001 California Fire Code and other amendments.
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13. PUBLIC HEARINGS (Continued)
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 17-02 be read by title only and same was adopted by the preceding
vote.
TAPE 4485
13.2 PRE-ZONE CHANGE NO. 1216-02, NEGATIVE DECLARATION NO. 1706-02 -
CITY OF ORANGE (A3100.0 ANX 3-0R-1)
Time set for public hearing to consider a proposal to allow the pre-zoning of various
unincorporated County islands known as Annexation Areas 3-0R-6, 3-0R-7, 3-0R-8, 3-0R-9,
3-0R-1O, 3-0R-11, 3-0R-12, 3-0R-13, 4-0R-1, 4-0R-2, 4-0R-3, 4-0R-4 and 4-0R-5, at
various locations throughout the City.
NOTE: Due to the change in County Supervisory Districts, the island designations previously
noted as Annexation areas 4-0R-1, 4-0R-2, 4-0R-3, 4-0R-4 and 4-0R-5 have been changed to
3-0R-1, 3-0R-2, 3-0R-3, 3-0R-4 and 3-0R-5.
The locations for the eleven County Islands (territories) to be annexed into the City of Orange
are as follows:
3-0R-2- North of Southern Ave., west of Pacific St., and east of Batavia
3-0R-3- North ofSt. James Ave., west of Canal St., and south of Boom Ave.
3-0R-4- South ofHeim Ave., west of Torres St., and east of Orange-Olive Rd.
3-0R-5~ South of Dorothy Dr., east of Costa Mesa Fwy, west of Loretta Dr.
3-0R-7- North of Bond Ave, east of Rancho Santiago Blvd., south of Glen A1byn Lane
3-0R-8- South of Bond Ave., east of Rancho Santiago Blvd.
3-0R-9- North of Grovewood Ln., west of Windes Dr., and south of Hidden Oaks Ln.
3-0R-1o-South of Diane Dr, East of Santiago Canyon Rd., north of Holy Sepulcher Cemetery
3-0R-11-South of Orange Hill Terrace, west of Calle Grande, and Wheeler PI.
3-0R-12-North ofWimbleton and east of Old Chapman Rd.
3-0R-13- North ofWimb1eton and east of Old Chapman Rd.
Note: 3-0R-1 and 3-0R-6 are not being annexed at this time.
Negative Declaration No. 1706-02 has been prepared for the proposed pre-zoning and the
annexation of the 13 County territories described therein in accordance with the California
Environmental Quality Act (CEQA).
Discussion
John Sibley, Assistant City Manager, reported staff has been working with the County and
LAFCO during the last year and a half on the issue of annexation of the 13 County islands within
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13. PUBLIC HEARINGS (Continued)
the City of Orange. However, at this time, staff is recommending the City annex only 11 of the
islands and not the two larger island known as 3-0R-l and 3-0R-6. 3-0R-6 will be pre-zoned;
3-0R-l will not.
In response to Council questions, Mr. Sibley further reported the areas of Olive and EI Modena
are not being considered for annexation as they are linked to the County bankruptcy funding and
the Fairhaven areas are not islands surrounded by the City and, therefore, also not considered for
annexation. These annexations will also not affect permitted uses that were allowed in the
County, as those uses become legal non-conforming uses in the City.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Steve Sheldon, address on file, spoke in concurrence with the Staffs recommendations.
Richard Perrino, 19716 Old Chapman Avenue, resident within Area 3-0R-12, asked about
possible restrictions with the City's zoning. The Community Development Director provided
Mr. Perrino with a report outlining the various uses allowed in his area.
David Hemmings, 19111 Equestrian Lane, resident within 3-0R-7, asked about possible changes
to streets, lighting and the water supply once his property is annexed into the City.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
MOTION - Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Adopted Negative Declaration No. 1706-02 relating to the proposed annexation of II
unincorporated county territories, as outlined in Planning Commission Resolution No. PC-38-02.
MOTION - Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Approved Pre-Zone Change No. 1216-02 as it pertains to 11 unincorporated County territories, as
outlined in Planning Commission Resolution No. PC-38-02; except for County territory 3-0R-5, in
which a zone change from R -1-10 to R -1-7 be approved; and further that County territory 3-0R-l
not be zoned.
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13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9697
A Resolution of Application of the City Council of the City of Orange requesting the Local
Agency Formation Commission to take proceedings pursuant to the Cortese-Knox-Hertzberg
Reorganization Act of 2000 for Annexation to the City of Orange of five unincorporated islands
of territory (Orange Islands 3-0R-9, 3-0R-IO, 3-0R-ll, 3-0R-12 and 3-0R-13) located within
its Sphere of Influence totaling approximately 49 acres; and indemnifying the Local Agency
Formation Commission.
MOTION - Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9697
RESOLUTION NO. 9698
A Resolution of Application of the City Council of the City of Orange requesting the Local
Agency Formation Commission to take proceedings pursuant to the Cortese-Knox-Hertzberg
Reorganization Act of 2000 for Annexation to the City of Orange of three unincorporated islands
of territory (Orange Islands 3-0R-7, 3-0R-8 and 3-0R-2) located within its Sphere of Influence
totaling approximately 62 acres; and indemnifying the Local Agency Formation Commission.
MOTION - Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9698
RESOLUTION NO. 9699
A Resolution of Application of the City Council of the City of Orange requesting the Local
Agency Formation Commission to take proceedings pursuant to the Cortese-Knox-Hertzberg
Reorganization Act of 2000 for Annexation to the City of Orange of three unincorporated islands
of territory (Orange Islands 3-0R-3, 3-0R-4 and 3-0R-5) located within its Sphere of Influence
totaling approximately 74 acres; and indemnifying the Local Agency Formation Commission.
MOTION - Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9699
PAGE 15
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CITY COUNCIL MINUTES
January 28,2003
13.
PUBLIC HEARINGS (Continued)
TAPE 5200
13.3 APPEAL NO. 489-02 - CONDITIONAL USE PERMIT NO. 2410-02, MITIGATED
NEGATIVE DECLARATION NO. 1692-02 (ST. PAUL'S LUTHERAN CHURCH),
REGIS AND LESLIE FAUQUET; AND CUTBERTO AND SUSANA CARBAHAL
(A4000.0 APP-489-02)
Time set for public hearing to consider an appeal of the Planning Commission's approval of a
request by St. Paul's Lutheran School for Conditional Use Permit No. 2410-02 to 1) allow the
expansion of the existing school campus in a residential zone as follows: expand to three
classrooms per grade and increase the number of classrooms at the school, 2) Master Plan
implementation involves construction of a new gymnasium/multi-purpose facilities, 3)
renovations and expansion of existing play areas and athletic amenities, and 4) expansion of the
existing parking lot and drop off area and driveway relocation. St. Paul's Lutheran School
campus is located at 901 E. Heim Avenue.
Mitigated Negative Declaration No. 1692-02 has been prepared for this project in accordance
with the provisions of the California Environmental Quality act per State CEQA Guidelines
Section 15070 et seq.
APPELLANTS STATE THE FOLLOWING REASONS FOR THE APPEAL:
"We are appealing because we want an EIR. November 18th the City Engineer indicated neither
a wall nor landscaping would alleviate the harmful health effects of exhaust emissions of school
vehicles. Residents living next to the expanded parking lot will be exposed to unknown levels of
automotive emissions with no effective protection. An EIR will answer with empirical evidence,
how much emissions would be produced and how the long-term exposure to these will affect
residents' health?"
Staff Reoort
The Community Development Director reviewed the proposed project. She noted one of the
conditions imposed by the Planning Commission was that the applicant shall prepare a
congestion management plan for staff review and approval prior to the issuance of building
permits. The plan is to include specific provisions for drop off and pick up activities, specific
provisions for special event parking, an enforcement mechanism and how school staff is to
facilitate traffic and circulation. The Public Works Department has final approval of this Plan
with endorsement from Community Development and Police.
The Community Development Director noted the major concerns of the Appellant are with air
quality impacts. An individual air quality impact analysis was not performed as the project falls
below the screening level outlined in the AQMD guidelines. The AQMD threshold for requiring
an air quality analysis for buildings of this type is 197,000 square feet of development area. This
project will be approximately 64,000 square feet.
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CITY COUNCIL MINUTES
January 28,2003
13. PUBLIC HEARINGS (Continued)
Council Ouestions
Councilmember Coontz asked about the proposed block wall on the west side of the property and
stressed the importance of it being one consistent wall to prevent problems with rodents. She
noted it should be made a condition that if an adjoining property owner does not want the block
wall they would be required to submit that in writing. She spoke on the traffic monitoring plan
and how it should apply to special events; and the School's good neighbor policy should also be
extended beyond the immediate neighborhood.
Councilmember Cavecche expressed concern about the Council being asked to approve a project
without the traffic management plan in place.
Mayor pro tem Alvarez asked about traffic plans at other schools, and if there are any
improvement plans for Heim or the intersection of Orange-Olive and Heim.
Councilmember Ambriz asked about possible traffic impacts from the proposed redevelopment
of the Mall of Orange and also about the fencing on the east and north sides of the property.
The Public Works Director reported a signal is proposed at Orange-Olive and Heim and is in the
CIP budget for funding in 2004/05. This proposed signal would be an expensive project because
of the additional required road and drainage improvements; and the exact timing of the signal
installation would depend on meeting certain criteria and funding availability. With regard to the
Mall of Orange development, the primary traffic impacts would probably be on Tustin, Meats
and Canal.
Councilmember Coontz expressed concern about walking the school children from classrooms
from the church and the related safety issues and traffic timing issues, which need to be
addressed. She spoke on the lack of specificity for the different areas for visitors and dropping
off children and the need for barricades at different times. She also expressed concern about the
uncertainty of the wall along the west side and the problems associated with wood fences which
don't stand up over time and are not adequate car, sound and light barriers. She also asked for
assurance that this school would not be used as a middle school in the future.
Councilmember Cavecche clarified a statement in the traffic study that the average vehicle
occupancies for both incoming and outgoing traffic is a little over 2 persons per vehicle entering
the parking lot and about 1 person per vehicle exiting, which translates to one person dropping
one child off at school. It was pointed out this is probably a worst case scenario.
Mayor pro tem Alvarez expressed concern about the circulation and the drop off areas for the
children; and suggested looking at different scenarios for exiting onto Heim. He asked what the
capacity of the school was when originally built as a neighborhood school and at what point is
the school determined to be too big for the neighborhood.
PAGE1?
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CITY COUNCIL MINUTES
January 28,2003
13. PUBLIC HEARINGS (Continued)
The Community Development Director reported the standards to determine ultimate capacity
include issues such as number of students, parking and FAR (floor area ratio). The FAR for this
project will be at 1.6 with the expansion, which is well below the allowable FAR of 4.0 for this
type of use.
TAPE TWO
MAYOR MURPHY OPENED THE PUBLIC HEARING
Appellant
Leslie Fauquet, 2543 N. Dunbar, Appellant, submitted pictures of her back yard which backs
onto the school property and pictures of her children who play in their back yard. She spoke on
problems associated with the proposed increase in traffic; air quality; the fact that this school is
completely surrounded by a residential neighborhood; and asked that an EIR be prepared to test
for air quality.
Cutberto Carbahal, 2055 N. Dunbar, Appellant, also spoke on air quality problems associated
with the school expansion.
Regis Fauquet, 2543 N. Dunbar, Appellant, spoke on air quality problems, increased traffic,
construction of a new gymnasium, and concern with this school eventually adding middle school
grades.
Linda Kirchoff, 1102 E. Amber, representing the Appellant, submitted statistical information on
the size of schools within the Orange School District; stating the proposed school is too large for
this site.
TAPE 2 -600
Applicant
Pastor Martin, St. Paul's Lutheran Church, showed a map of the surrounding neighborhood with
those residents in favor and those in opposition to the project. He stated the proposed density of
their school is lower than other private schools, the proposed gymnasium is to keep the children
on campus and it is not their intent to use the gymnasium for outside groups. He stated they have
made improvements to the school with this project and have made concessions on the project
after meetings with the neighborhood and the Planning Commission.
Council asked about plans for overflow parking for special events; about the proposed parking
spaces and if that will be used for the teachers as well; asked about the preschool; the capacity
for the proposed gymnasium; and how many special events they anticipate per year.
Pastor Martin stated they propose to have overflow parking on the basketball courts for special
events if necessary; the proposed gymnasium will seat approximately 200; they have no plans to
rent out the gymnasium to other groups; and they anticipate approximately 5 special events per
PAGE 18
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CITY COUNCIL MINUTES
January 28,2003
13. PUBLIC HEARINGS (Continued)
year. He stated the teachers will be parking in the proposed 121 parking space area. The school
has traditional scheduling which shuts down in the summer; they do provide day care both before
and after school; and the preschool is down the street on the church property.
Note: Mayor pro tem Alvarez left the dais at 9:30 p.m. and returned at 9:35 p.m. TAPE 2 - 950
The following people spoke in favor of the Appeal. Their concerns include the size of the
proposed gymnasium and impacts to air quality and general quality of life.
. Hans Langer, 2529 N. Dunbar St.
. Cynthia Wineinger, 6236 E. Coral Circle
. Harvey Kirchoff, 1102 E. Amber Ave.
The following people spoke in opposition to the Appeal. Their comments include the need for
good quality schools; the school has implemented a traffic management plan and good neighbor
policy and is working with the neighborhood; the density is less than other schools in similar
areas; and the air quality will not be affected by this expansion.
. Al Boehner, 8891 N. Canal
. Ade De Blasio, representing family member at 2566 Torres
· Lynn De Blasio, 1501 E. Candlewood - read a letter from her mother who resides at 2566
Torres
. Nichola Clift, 2630 N. Dunbar Street, Student Body President ofSt. Paul's School
. Cynthia Neben, 1301 E. Adams, Student Body Vice President ofSt. Paul's School
. Doug Hamilton, address on file
. Kari Loll, 327 E. Taft Avenue, Assistant Principal ofSt. Paul's School
. Jim Beaudoin, 3807 E. Ridgeway Rd., Principal ofSt. Paul's School- submitted pictures of
. Terry Sherry, 6319 E. Abbeywood Street, President of Church Congregation
Rebuttal
Leslie Fauquet, Appellant, pointed out the school does have a summer school session; children
come from other areas outside of Orange; this is a unique area in that the school is completely
surrounded by residential; and submitted a map showing developed areas for the project. She
submitted signatures from those opposed to the plan who live in the neighborhood and are not
necessarily church members.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 2 - 2130
Council Comments
Councilmember Coontz agreed the school provides a quality education, but the Council needs to
look at health and safety issues for the entire community. Concern was expressed about the
density and number of buildings and the fact that the traffic management plan does not yet
PAGE 19
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CITY COUNCIL MINUTES
January 28,2003
13. PUBLIC HEARINGS (Continued)
include specific details. Councilmember Coontz wanted to ensure the congestion management
plan was part of the school's good neighbor policy and something that will be in place regardless
of who is managing the school. Additional information was requested on special events to
ensure that special events were included in the mitigation measures; and asked that the block
wall issue on the west side of the property be tightened up.
Mayor pro tem Alvarez expressed concern about the mitigation plan and did not like the
circulation plan. He suggested the circulation plan should have incorporated dropping the
children off next to the school so they can walk straight into the school. Concern was expressed
about the capacity, asking where the City draws the line on the total capacity. He also compared
the potential traffic problems to those at Villa Park Elementary, which has been an ongoing
problem for years.
Councilmember Ambriz stated there are still a lot of unanswered questions that need to be
addressed, stating that Heim is not a user friendly street and will get worse once more traffic is
added. He was also concerned with the school's compatibility with the community.
Councilmember Cavecche agreed the school expansion could result in traffic problems similar to
those at Villa Park elementary, and did not see a comparison to other Lutheran schools as this is
the only school completely surrounded by residential. Councilmember Cavecche stated she
believed in Christian education and believes in parents having the choice to have their children in
Christian schools. She has children in both public and private schools; and drives her own
children to a commuter Christian school every day, so was very familiar with the types of traffic
problems that can occur and what it takes to get that many children in and out of a school. She
was concerned that a school of this size is not appropriate for the neighborhood, that the
additional cars every day will negatively impact the neighborhood and wanted to see the traffic
management plan before the project was approved.
Mayor Murphy agreed with the concerns expressed about the details and traffic management
issues. He would like to see the traffic management plan and how it relates to the good neighbor
policy; and also did not like the circulation plan for dropping off children. It was pointed out the
type of wall on the west side of the property was up to the homeowners to decide. Mayor
Murphy stated the Council can uphold or deny the appeal, or give the applicant an opportunity to
create a traffic management plan and address the issues that been raised, including traffic
management, safety, special events, the wall, circulation and capacity issues.
The applicant agreed to a 30 day continuance.
Councilmember Cavecche stated the applicant may have to bring back a plan with less students,
otherwise there will still be too many cars in the neighborhood; or would have to make major
changes in the traffic management plan to mitigate the impacts.
The City Attorney stated the public hearing can be reopened at a subsequent meeting but would
be limited only to the new issues brought forth.
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CITY COUNCIL MINUTES
January 28, 2003
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to February 25, 2003, to receive back a traffic management plan and
responses to the rest of the inquiries made by the Council at this hearing.
14. PLANNING AND ENVIRONMENT - None.
The Council recessed at 10:40 p.m. to a Closed Session.
15. ADJOURNMENT
MOTION - Cavecche
SECOND - Ambriz
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 12:40 a.m. in memory of Jim Wood, Code Enforcement Officer
for the Department of Public Works.
~~&;;C/(A'AU;f
CASSA1'.'DRA J. HeART, CMC
CITY CLERK
()j) (Yh ;
MARK A. MURP-;ff
MAYOR
PAGE 21