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2/25/2003 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON MARCH 11,2003 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING February 25,2003 The City Council of the City of Orange, California convened on February 25, 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 Father Heath, La Purisima Catholic Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Alvarez 1.3 ROLL CALL PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT - None 1.4 PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Orange County Transportation Authority Board Member Bill Campbell, Supervisor, 3'd District, presented a check in the amount of $652,522,50 to the City of Orange for the La Veta Avenue Widening, Government Finance Officers Association Distinguished Budget Presentation Award for FY 2002/03 was presented to Irma Hernandez and Barbara Messick, City Manager's Office, and Leila Hoopii, Finance Department. Dedication of Library books and recognition given to the three Rotary Clubs of Orange for their participation in Rotary International's gift of 1,750 children's books from around the world. This gift to the City establishes an International Children's Book Collection at the Main Library. Bob Gallagher, Orange Rotary; John Bouyer, Orange Sunrise Rotary; and Howard Glasser, Orange North Rotary were present on behalf of the Rotary Clubs, Proclamation was presented to Cliff Nelson, Orange North Rotary, World Understanding and Peace Week, February 23 - March I, 2003, The following employees received Service Awards: David Holz - Police (not present); Mark Bailey - Police; Don Huddleston - Public Works (not present); Mark Ouellette - Public Works (not present); Elizabeth DeMara - Library; John Karell - Fire; and Doug Mochizuki - Fire, Mayor Murphy introduced Boy Scout Troop 51 from St. John's Lutheran School. PAGE 1 CITY COUNCIL MINUTES February 25, 2003 1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Mayor Murphy announced the Council will adjourn in memory of Lewis Silvers, citizen of Orange. Councilmember Alvarez presented a Memorial Adjournment Certificate to Mrs, Judy Silvers and announced February 25, 2003 be Lewis Silvers day in the City of Orange. 2. PUBLIC COMMENTS - None. 3. CONSENT CALENDAR TAPE 670 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 Fehruary 25, 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 February 6 and 13, 2003. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, February 11, 2003. ACTION: Approved, as corrected. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved, 3.5 Receive and file the City Treasurer's Report for the period ending January 31, 2003. ACTION: Received and Filed, PAGE 2 CITY COUNCIL MINUTES February 25,2003 3. CONSENT CALENDAR (Continued) BIDS 3.6 Approve plans and specifications and authorize advertising bids for the Asphalt Replacement Contract at Fire Station No. 2/Wanda Collins Reservoir, 2930 E. Collins Avenue, Orange, CA 92867. (C2500.S.7) SUMMARY: Plans and Specifications have been completed for the Asphalt Replacement at Fire Station No, 2/Wanda Collins Reservoir Site, The project is ready to be advertised for bids. ACTION: Approved Plans and Specifications and authorized advertising bids for the Asphalt Replacement at Fire Station NO.2/Wanda Collins Reservoir. FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program for the Water Division and are available in the following account: 601-8011-485100-8911 $60,000.00 Pavement Replacement-Wanda Collins 3.7 Purchase a total of nine (9) miscellaneous vehicles from four (4) different dealers per Bid No. 023-17. (C2500.M.7) SUMMARY: Purchase the following vehicles from dealers as indicated: One (I) Ford F450 cab and chassis from Ford of Orange $ 24,766.05 One (I) Ford F350 Service truck from Wondries Ford $ 23,955.35 Three (3) Ford FI50 pickups from Villa Ford $ 55,224.06 Three (3) Ford Explorers from Villa Ford $ 76,015.44 One (I) Chevrolet Suburban from Wondries Chevrolet $ 38.213.89 Total $218,174.79 Per Bid No. 023-17 to replace current units in the Public Works, Fire, Police, and Community Services Departments. Note: Mayor Murphy abstained due to a conflict of interest involving his wife's employment. ACTION: 1) Authorized the purchase of nine (9) miscellaneous vehicles in the amount of $218,174,79, 2) Authorized the City Manager to surplus the replaced vehicles at an auction. FISCAL IMPACT: There are sufficient funds in account number 720-5023-472102 Motor Vehicle Replacement. 3.8 Approve plans and specifications and authorize advertising for bids for the Exterior Painting of the Water Plant, located at 189 South Water Street, Orange, CA 92866. (C2500.P) PAGE 3 CITY COUNCIL MINUTES February 25, 2003 3. CONSENT CALENDAR (Continued) SUMMARY: Plans and specifications have been completed for the Exterior Painting of the Water Plant. The proposed proj ect will improve the deteriorating painted exteriors of the various buildings and facilities at the Water Plant. ACTION: Approved Plans and Specifications and authorized advertising bids for the exterior painting of the Water Plant. FISCAL IMP ACT: Funds are budgeting in the Capital Improvement Program for the Water Division and are available in the following account: 601-8011-481200-9832 $40,000.00 Water Plant Exterior Painting 3.9 CLAIMS (C3200.0) SUMMARY: The following claim(s) have been received and investigated by the City Attorney's Office and/or the Risk Manager. After a thorough investigation with the involved departments, it is the recommendation of the City Attorney's Office that the claim(s) be denied. a. Donald Wolf ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PROPERTY SALE 3.10 Sale of excess property on West Chapman Avenue. (A2100.0 AGR-4223) SUMMARY: This is a sale of excess vacant land on West Chapman Avenue, west of the 5 Freeway and adjacent to the UCI Medical Center. The parcel is being sold for $72,743.00, ACTION: Authorized the Mayor and City Clerk to execute a Purchase Sale Agreement and any related escrow papers with The Regents of the University of California for a 12,456 square foot vacant parcel located on the south side of West Chapman Avenue between the 5 Freeway and The City Drive, FISCAL IMPACT: Funds are to be deposited into Account No, 271-291100 Sale of Real and Personal Property, PURCHASES 3.11 Purchase of physical fitness equipment through a cooperative purchasing agreement. (C2500.H) SUMMARY: This is a request that the City Council authorize purchase of eight stairclimbers, seven exercise bikes, and eight treadmills for the Fire Department through a cooperative purchasing agreement in the amount of$61,027,OO, PAGE 4 T CITY COUNCIL MINUTES February 25, 2003 3. CONSENT CALENDAR (Continued) ACTION: Authorized purchase of eight stairclimbers, seven exercise bikes, and eight treadmills from Nautilus HPS, Inc. in the amount of$61,027.00. FISCAL IMP ACT: Sufficient funds in the amount of $117,000 are budgeted and available in Account No. 100-3021-471301-2522, RESOLUTIONS 3.12 RESOLUTION NO. 9701 (S4000.S.4) A Resolution of the City Council of the City of Orange temporarily closing sections of public streets for approved special events. Note: Councilmember Alvarez abstained due to property ownership at 131 S. Glassell and 60 Plaza Square, ACTION: Approved. 3.13 RESOLUTION NO. 9705 (C2500.J.4) A Resolution of the City Council of the City of Orange expressing appreciation to Mark Paone of the Design Review Committee for over three years of dedicated service. ACTION: Approved. MOTION - Coontz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Mayor Murphy abstained on Item 3.7, Councilmember Alvarez abstained on Item 3.12. All other items on the Consent Calendar were approved as recommended, END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR MURPHY - None. 5. REPORTS FROM COUNCILMEMBERS - None. PAGE 5 ---Tn ..-------------..-- ----..------" CITY COUNCIL MINUTES February 25, 2003 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Investment Oversight Committee Second Quarter Report for the Quarter Ending December 31, 2002. (OR 1800.0.27.16) MOTION - Alvarez SECOND - Cavecche AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Received and Filed, 7. ADMINISTRATIVE REPORTS TAPE 800 7.1 Report from the Economic Development Director regarding a Benefit Resolution and Cooperation and Reimbursement Agreement for a Public Works project (West Chapman Widening). (RA2100.0 AGR-4224) SUMMARY: Orange Redevelopment Agency reimbursement to the City of Orange of the Agency share of costs incurred to widen West Chapman Avenue between the Orange Freeway (SR57) and Main Street. (See ORA Minutes Item No. 7,1) Mr. Jim Reichert, Sr. Project Manager, provided a report, Councilmember Ambriz pointed out the Economic Development Department had held public meetings on the West Chapman widening project in 1998 and 2000. RESOLUTION NO. 9702 A Resolution of the City Council of the City of Orange approving and authorizing the execution of a Cooperation and Reimbursement Agreement by and between the City of Orange and the Orange Redevelopment Agency for the construction of public improvements - widening of West Chapman Avenue between the Orange Freeway (SR57) and Main Street. MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved. 7.2 Appropriation of Assembly Bill (AB) 3229 grant money for the purchase of Police Department patrol vehicle computers. (C2500.K) SUMMARY: AB 3229 makes funds available under the Citizen's Option for Public Safety (COPS) Program in the Governor's budget and historically the City has allocated the monies to purchase equipment and fund front line police services, Effective May 2002, new spending regulations were enacted, Instead of carrying-over all unspent funds, jurisdictions are only PAGE 6 T - -~-, -~- ---- CITY COUNCIL MINUTES February 25,2003 7. ADMINISTRATIVE REPORTS (Continued) allowed to carryover the current year's allocation, The carried over funds must be spent no later than June 30th of the following fiscal year, If the funds are not spent they must be remitted to the State Controller's Office. There is $235,100,75 of available AB 3229 monies (Fund 354) that needs to be appropriated and expended before June 30, 2003, The Department would like to use these funds to purchase replacement computers for the patrol vehicles. NOTE: Mayor Murphy abstained due to an employment conflict; and left the dais. The Police Chief provided a report, Councilmember Alvarez clarified this is a state funded program with a time limit for expenditure of the funds. Councilmember Ambriz asked for a report on the disposition of the old computers and wanted to ensure the computers were completely erased. The Police Chief will provide a report back to the Council on the disposition of the old computers, MOTION - Alvarez SECOND - Cavecche AYES - Ambriz, Alvarez, Coontz, Cavecche ABSENT - Mayor Murphy ACTION: Approved the appropriation of $235,100.75 in unreserved AB 3229 funds to account number 354-4021-471301 for the purchase of 40 patrol vehicle computers. NOTE: Mayor Murphy returned to the dais. TAPE 1070 7.3 Report from City Attorney regarding Hanson Aggregates West operations (A4000.0 APP-488-02) The City Attorney provided a report, indicating he had just received an update that day from Hanson Aggregates on their Good Neighbor Plan, The two biggest issues still are screening and dust; and there is some disagreement between the City and Hanson on what is required for screening, The City will be following up on all issues, and may have to issue a citation on the screening, The City Attorney's Office will also follow up on a contention that the operation ceased for more than six months, which mayor may not jeopardize Hanson's legal non- conforming status. Mayor pro tern Cavecche noted the report states the trucks are still unloading raw cement, indicating the crusher will probably be back at some time, She asked if there was a way the City can do a measure-off on where that crusher can be put if it does come back on site; and wanted assurance it will be 750 feet away from residential properties. PAGE 7 CITY COUNCIL MINUTES February 25, 2003 7. ADMINISTRATIVE REPORTS (Continued) The City Attorney stated as one of Hanson's proposed management practices, they have proposed to move the rock crusher further away from the residents, irrespective of whether they think it is in compliance or not. Hanson has to keep the crusher 750 feet away from residences or 400 feet if it is below ground level; and the City needs to make sure it does not impact any residences. Councilmember Alvarez stated it needs to be made clear, through the City Attorney's Office, that the definition of compliance is coming from the Council. There are guidelines Hanson needs to follow and the City expects that to happen. The City attorney needs to make it clear to Hanson that they need to comply to City standards and there are no compromises. Also, screening involves other issues such as screening along Santiago Canyon Road, screening for the large mounds of aggregate that is being piled up; and asked about the location of the piles of aggregate and setback requirements. These issues need to be spelled out as clear as possible, Hanson also needs to address dust control. The City Attorney explained the violation process. If a violation is found, a notice of violation is sent out and the property owner is given 30 days to comply. Ifno attempt is made to correct the problem then a misdemeanor complaint is filed. Councilmember Coontz asked that the Council be provided with a report outlining the procedures and time elements involved. MOTION - Cavecche SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to receive and file the report, 8. REPORTS FROM CITY MANAGER 8.1 Fiscal Year 2002-03 Mid-Year Budget Adjustment (C2500.J.1.1) SUMMARY: This report requests City Council authorization of a FY 2002-03 mid-year budget transfer of $821,036.88 in Fund 272 (Gas Tax), resulting in a reallocation of funding for six Capital Improvement projects and release of the General Fund appropriations in this same amount, thereby returning these funds to General Fund unappropriated reserves. In addition, the City Council is requested to approve an appropriation of $300,000 from Fund 730 (Workers Compensation) reserves to pay for higher than expected medical benefits and a January 2003 legislative increase in benefits for Workers Compensation Claims, Lastly, authorization is requested for an appropriation of $130,000 from Fund 220 reserves (Sanitation Fund) for tree removal services related to the recent windstorms. The Assistant City Manager provided a report, In response to questions from Councilmember Coontz, he explained the City will be moving the Gas Tax money, previously applied to the PAGE B CITY COUNCIL MINUTES February 25,2003 8. REPORTS FROM CITY MANAGER (Continued) Chapman Widening project, to General Fund projects; and the Chapman Avenue widening will now be funded using Redevelopment funds. Councilmember Coontz also asked about the timeline for the Chapman widening project. Roger Hohnbaum, Assistant City Engineer, reported the first phase was started this past summer, with the under grounding of the overhead utilities, The actual widening will begin probably after the next fiscal year, In response to questions by Councilmember Alvarez, the Assistant City Manager further reported a full report on the recent wind damage will be coming to Council. MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Moved to: 1. Transfer $821,036,88 from 272-5011-483300-4038 (Chapman Widening - 57 Fwy- Main) into the following accounts: $105,899.79 Fund 272-5011-483300-3417 Newport Avenue Street Rehabilitation $164,120.37 Fund 272-5011-483300-3423 Hewes Street Rehabilitation $126,922.62 Fund 272-5011-483300-3908 Yorba Street Rehabilitation $156,086.85 Fund 272-5011-483300-4021 Wanda Road Street Rehabilitation $268,007.25 Fund 272-5011-483300-4029 Prospect Street Rehabilitation 2, Release the General Fund appropriations for these same projects as follows and returned the funds to unappropriated General Fund reserves: $105,899.79 Fund 500-5011-483300-3417 Newport Avenue Street Rehabilitation $164,120.37 Fund 500-5011-483300-3423 Hewes Street Rehabilitation $126,922,62 Fund 500-5011-483300-3908 Yorba Street Rehabilitation $156,086,85 Fund 500-5011-483300-4021 Wanda Road Street Rehabilitation $268,007,25 Fund 500-5011-483300-4029 Prospect Street Rehabilitation 3, Appropriate $300,000 from Fund 730 (Workers Compensation) to account 730-1412-432100 (Claims Compensation). 4. Appropriate $130,000 from Fund 220 (Sanitation) to account 220-5022-427100 (Contractual Services). PAGE 9 - . ..----,-- CITY COUNCIL MINUTES February 25, 2003 9. LEGAL AFFAIRS TAPE 1545 9.1 ORDINANCE NO. 6-03 (FIRST READING) (A2500.0 ORD-6-03) An Ordinance of the City Council of the City of Orange Amending Chapter 10.06 of the Orange Municipal Code regarding the City Traffic Commission. MOTION - Coontz SECOND - Cavecche AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 6-03 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 11. RECESS TO CLOSED SESSION The City Council recessed at 5:33 p.m, to a Closed Session for the following purposes: a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case). b, Public employee performance evaluation pursuant to Government Code Section 54957: City Attorney 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 Judy Schroeder, address on file, expressed concern and commented on the transfer of the Orange YWCA to the Boys and Girls Club. John Baker, 1051 Arbor Way, asked about the role of Councilmembers as Directors of the Redevelopment Agency. Mary St. Marseilles, 1060 Arbor Way, spoke on the small print on the back of the Planning Commission Agendas regarding Appeal procedures, and asked that the print be enlarged. Scott Bottomley, 1005 Arbor Way, spoke about general conflicts of interest for public officials; and thanked Councilmember Alvarez for stepping down at the last hearing on the Citrus Apartment proj ect due to a conflict of interest. PAGE1Q j- CITY COUNCIL MINUTES February 25,2003 12. PUBLIC COMMENTS (Continued) Brian Lochrie, 360 N, Pine, spoke on the sale of the Orange YWCA building and the agreement with the Boys and Girls Club. 13. PUBLIC HEARINGS TAPE 2120 13.1 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) The 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 has been continued from January 28, 2003. 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?" Note: The Public Hearing is closed. Council Ouestions Councilmember Coontz asked about traffic improvements at Canal and Heim, noting comments were made about these improvements being made in conjunction with the proposed school project; and asked about proposed changes to the entrance and exit for the school. The Assistant Public Works Director reported the signal improvement project at Heim and Orange-Olive was programmed into the City's CIP Budget about two years ago and is not part of this school project, PAGE " CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) Councilmember Coontz stated the improvements at Canal and Heim could complicate the issue of safety on Heim, which is unimproved on the south side. It does not seem logical to improve one part of the area without improving the rest of it. We have just taken the south portion of Heim Street into the City, perhaps the improvements to the rest of Heim could come along after discussions with the residents. This is a long term project, which should include community meetings, and could be an item for the Council to consider in the future. The Community Development Director reviewed the newly submitted Traffic Management Plan, noting St. Paul's School has agreed to staggered starting and ending times for the school, depending on the grade levels, The school has also looked at improving traffic education and communication with students and parents and providing nine staff members to monitor various locations for traffic safety. Councilmember Alvarez asked if there is a formula for calculating the number of students and drop off zones and what determines the length of the drop off zone. He asked if the City sets a standard for number of parking spaces and lengths of drop off zones. He was concerned about the drop off zone along the west, identified as the teacher parking. This is a danger, because it invites student to go from that point, cutting across to the school, and wanted to avoid students having to cut across the lot to the school. Students are still having to move from the center parking lot area or the faculty parking toward the school. Councilmember Alvarez expressed concern that the protected zone on the western drop off area was really not a protected zone; but rather just a striped part of the lot, and has no barrier. Students are being dropped off between parked cars and moving cars. He suggested students be dropped off so they can immediately go into the school, so the students are separated from the cars, He asked if the City requires the drop off zone to be a certain length, The Assistant Public Works Director stated the City does not have specific standards for this type of drop off zone; this is done on a case by case basis. The applicant has provided a striped pedestrian walkway with a staff monitor in place, Councilmember Alvarez suggested the sidewalk in the middle of the parking area be elevated to help delineate it form the parking lot. Councilmember Coontz noted the plan calls for indicator posts and stanchions gomg into permanent holes in the pavements. The Community Development Director clarified the applicant is looking at physical delineators in addition to just striping for the center area. Mayor pro tern Cavecche asked about the drop off zones and how many cars can line up at one time in each of the two drop off zones; and how many cars total can fit in that parking lot in the drop off zone all at once. She also asked if the u-turn at the north side of the lot was wide enough for cars to pass by other cars that are parked, PAGE 12 CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) The Community Development Director indicated there are 9 spaces for the K-2 drop off zone and 18 for the Grades 3-8 zone. There will be some cars weaving in and out and the staff monitors will help direct this traffic. She indicated there is enough width in the u-turn. Darrel Hebenstreit, Architects Orange, representing the Applicant, reviewed the proposal, stating the school has proposed to reduce the number of students to 648 and will accept a cap of 650 students. To resolve parking lot issues, they have introduced staggered times which basically cuts the number of students being dropped off at one time in half. He suggested that rather than having the circulation zone on the east side of the staff parked cars, they can move the circulation to the west side of the staff parked cars, He stated that with the substantial changes to the parking lot, it is more than capable of handling the traffic and the school will have a high level of control. Mayor pro tern Cavecche asked where the children will be waiting to be picked up, Councilmember Coontz stated this is somewhat of a military operation and asked about identification for cars, as the same parent does not always pick up the children. She stated these are new ideas and it takes a lot of work to figure out how this is to be done correctly. Mr. Hebenstreit stated there is a designated zone at the top area ofthe turn around for picking up children, He also stated the school issues a bright paper sign for cars to place in their visor with the last name of the student they are picking up, This alerts the monitors on which child belongs to which car. Councilmember Alvarez asked why the drop off zones did not extend into the playground area so children are dropped off and can immediately go into the school, and suggested the area for the future gym could be a drop off zone until the gym was built. Councilmember Ambriz suggested moving the staff parking to the middle, since staff cars will be at the school before and after the children are there, He asked about the two lanes which enter off of Heim and then merge into one lane. He asked about the new state law requiring children to be buckled into a car seat until the age of 6, which would require more time for a child to be dropped off; and what disciplinary actions would be taken for traffic violations. Mr. Hebenstreit stated the merging of the two lanes to one should not slow down traffic at the driveway since it is at the back of the stack and the one lane is wider than what is required by code for a single lane, which allows for plenty ofroom. He stated any disciplinary action would be determined at the Church Board level. Councilmember Coontz asked about the outdoor theater, night lighting and if it IS more architectural than functional. PAGE 13 T--~'-- CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) Mr. Hebenstreit stated the lighting and amplified sound issues for the amphitheater are covered in the Planning Commission conditions; and the fundamental reason the amphitheater is there is because he thought it would be a nice feature, It is behind the gymnasium at a natural grade break. It is an amenity and not operational to the school. Councilmember Coontz stated that since this is a Conditional Use Permit, she suggested having a yearly review on the mitigation monitoring program to know what progress has been made for the sake of the neighbors, the school and city. Staff needs to conduct a yearly review with a report to Council, and then Council can decide if further review is necessary each subsequent year, Mr. Hebenstreit stated the Applicant would not have an objection to a yearly review. MAYOR MURPHY RE-OPENED THE PUBLIC HEARING The following people spoke in opposition to the proposed project. Their comments include: too many cars, even with staggered drop off times; Heim is an inadequate narrow road with too much traffic already; extra curricular activities need to be monitored; and don't want to have to depend on staff monitors for traffic safety, . Linda Kirchoff, 1102 E, Amber . Harvey Kirchoff, 1102 E, Amber . Richard Drake, 2618 N, Dunfield . Stephanie Lafon, 2619 N, Delta . Max Lyset, 2619 N. Delta . John Baker, address on file . Janet Gallegos, 2556 N. Torres Mr. Bruce Patrick, 1733 N. Modoc, spoke in favor of the proposed project. Mr. Roy Shebazian, 3808 E. Palm, asked that provisions be included for busing and carpooling; and safe bike lanes be provided, Leslie Fauquet, Appellant, provided a model of the parking lot (not to scale) based on the proposed plan, She expressed concern about the traffic safety issues; the change in the basketball court location; monitoring children's safety during after school events; and traffic enforcement. She stated this is too drastic a change for the neighborhood. Councilmember Ambriz commented on the Perimeter Fence/Block Wall Exhibit, noting certain residents who favor a block wall, do so only if the project is approved. Councilmember Alvarez asked how the total number of students was determined. PAGE 14 . .~-_.~-,_. CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) Mr. Hebenstreit stated the school currently has 475 students, with two classrooms per grade for grades 2 through 8, They are proposing 3 classrooms per grade for K through 8, with a total cap of 650 students. Mayor Murphy clarified that the drop off is currently at one time and not staggered; and with the new proposal, the total number of students would go up, but the number of cars dropping students off at one time would actually go down, MAYOR MURPHY CLOSED THE PUBLIC HEARING TAPE 5480 Councilmember Alvarez expressed concern on the proposed size of the school and the impacts of the additional 175 students. He asked about reducing the number of students, and making changes to the parking lot area and traffic flow, Councilmember Coontz also expressed concern on the number of proposed students, as this was originally built as a neighborhood school with a maximum number of 600 students. The parking drop off program is now a military operation and everybody has a part to play. This is a long term commitment and the Council needs assurances that the programs will continue. She stated she did not appreciate the newsletters regarding the neighbors, that it is important to know what the neighbors think. She had originally asked for the Traffic Mitigation Plan which now needs a review process, Councilmember Ambriz stated the proposed size of the school and subsequent traffic impacts is an issue, He stated the newsletters were borderline offensive and he did not like the attack views on the neighbors, Mayor pro tern Cavecche complimented St. Paul's and the architects for a very well done Traffic Mitigation Plan; but even with a good plan, there are still too many cars for the parking lot and the site. Mayor Murphy stated the plan could work with some changes, such as raised sidewalks in the parking lot and restructuring the drop off zones, He asked if St. Paul's wanted a decision on the existing plan or if they were open to reducing the size of the project. It was suggested to recess to allow the applicant time to determine if they could agree on changes to the proposed plan. The Council recessed at 9:15 p.m, and reconvened at 9:30 p,m. Terry Sherry, representing the Applicant, stated in order to have 3 classrooms per grade, the school can not go below a certain number of students; and proposed lowering the student cap to 594 which is 22 students per classroom. With the staggered start times, there will be an average of 300 students showing up at each peak time. Currently there are 480 students at the peak drop PAGE 15 T CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) off time. He stated the school will not reach capacity until probably 2009, adding an approximate 20 students each year until that point He agreed to work with the City each year, or even every six months, on the Traffic Management Program to develop the best traffic situation, The proposed gymnasium will also help alleviate traffic, as it will eliminate having the children walk to the church every Wednesday morning for chapel. Councilmember Alvarez stated 594 would be an acceptable level for student capacity, along with the other proposed changes to the existing parking lot layout. He suggested placing the sidewalk against the west property wall; moving the faculty parking to the center as much as possible so the transition of cars and students will happen against the west parking area; increase the drop off zone from essentially going north from the handicap area to follow the school along the multi purpose building making its way north to in front of the proposed gymnasium all the way up to the crest of the queue and stop it at that point. The athletic area has changed with the basketball courts having been moved to east property line; and he asked for some sort of screening besides the block wall fence, such as trees, to help with the relocation of basketball courts, Councilmember Alvarez stated the gymnasium is a good addition to the school; and thanked the school for disclosing school events, The special events are going to be smaller in nature than ones at most other schools; and it is important to note that the school is preparing for their special events. TAPE 6770 Councilmember Coontz appreciated the reduction in the number of students and the school's willingness to change the parking and circulation; but did not want to redesign the proj ect any further, She asked to include a condition for a perimeter block wall and a yearly review of the traffic mitigation monitoring plan to see how progress is made. She suggested this traffic plan be sent to the Council, from staff, as an information item, and then the Council can decide after the first year if they need to see it in subsequent years, Mayor Murphy suggested moving the faculty parking to the western half of the center area now identified as parking and drop off stalls and using the outside stalls for a ten minute drop off area for parents who would then walk that sidewalk all the way around to the school. This can be looked at as an alternative and subject to approval administratively. The applicant has provided a good list of after school events and any major changes would have to come back for approval and could be part ofthe yearly review process. TAPE TWO Mayor Murphy stated he was confident this was a doable project with the reduction in number of students and changes to the traffic and parking plan. Councilmember Alvarez also asked for a condition to elevate the sidewalk in the center of the parking lot area. Councilmember Coontz asked staff to bring back future street improvement plans for Heim, including proposed signals; and agreed this is an issue that needs to be addressed separately. PAGE 16 T CITY COUNCIL MINUTES February 25,2003 13. PUBLIC HEARINGS (Continued) Councilmember Ambriz clarified that if the project is approved, the final authority for the Traffic Mitigation Plan will be with staff, subject to the parameters designated by Council. Councilmember Coontz also wanted to clarify that the Good Neighbor Policy is part of the Traffic Mitigation Program. The applicant indicated it was. MOTION - Murphy SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz NOES - Cavecche Moved to determine that no additional environmental documentation beyond Mitigated Negative Declaration No, 1692-02, prepared in accordance with Article 6 of the State CEQA Guidelines, is needed for the proposed project based on the findings of the Mitigated Negative Declaration prepared for the proposed project. MOTION - Murphy SECOND - Coontz A YES - Alvarez, Mayor Murphy, Coontz NOES - Ambriz, Cavecche Moved to deny Appeal 489-02, but condition the project with the following stipulations: . Student emollment cap of 594 . Changes to Traffic Management Program to include adding a sidewalk along the west property line wall, adjacent to the parking lot, up to the turning radius; moving the faculty parking to the center as much as possible so the transition of cars and students will happen against the west parking area; increase the drop off zone from the southern most part of the handicap parking area to the top of the turning radius; and raising the sidewalk in the center of the parking area; with authority left to staff to make a final determination on the alternatives discussed, . Add trees or some sort of screening, besides the block wall fence, adjacent to the basketball courts which have been moved to the east property line. . Construction of perimeter block wall along the western property line. . A Yearly Traffic Management Program, including Good Neighbor Policy, to come back for review 12 months from date of Building Permit issuance, with an informational report to Council after consideration by the staff; the Council can decide whether or not they wish to review the report each year. . The list of after school events and any changes are to come back as part of the yearly review, The Council recessed at 9:55 p.m. and reconvened at 10:00 p.m. PAGE1? T CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) 13.2 GENERAL PLAN AMENDMENT NO. 2002-0002, ZONE CHANGE NO. 1214-02, CONDITIONAL USE PERMIT NO. 2428-02, MAJOR SITE PLAN REVIEW NO. 259-02, MITIGATED NEGATIVE DECLARATION NO. 1704-02 - ORANGE HOUSING DEVELOPMENT CORPORATION (CITRUS COMMUNITY APARTMENTS) (C2300.E GPA 2002-0002) The public hearing to consider a request for construction of a 29-unit multi-family affordable housing development, on 1.45 acres, to provide housing for low and very low income residents, upon property located at the northwest corner of West Chapman Avenue and Citrus Street (1103 W. Chapman Avenue) has been continued from Febrnary 11, 2003. General Plan Amendment No. 2002-0002 to change the existing land use designation from General Commercial (GC) to Low Medium density Residential (LMDR); Zone Change No. 1214-02 to change the existing zoning from General Business (C-2) to Multi Family Residential )R-3); Conditional Use Permit No. 2428-02 to allow the density bonus under the R-3 zoning category as well as additional development incentives; Major Site Plan Review No. 259-02 to allow development of more than 6 residential units on one parcel ofland; Mitigated Negative Declaration No. 1704-02 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. Note: The public hearing is open. TAPE 2-200 Councilmember Alvarez stated the company he works for owns property on Lime Street which is within the 500 foot rule. He explained the conflict of interest rules are there to help the Council make decisions on whether there is a potential gain or loss for personal property or anything they own. As he stated before, he asked the City Attorney to have an appraiser look at the project and the property he shares an ownership in to determine if there was a value that would be impacted. The appraisal did not help as much as he hoped it would; however there is still the 500 foot rule. In order to be fair and uphold the integrity of the office, he felt it would be necessary to conflict out. He wished everybody the best ofluck and left the dais. MAYOR MURPHY REPORTED THE PUBLIC HEARING WAS STILL OPEN The following people spoke in favor of the proposed project. Their comments included: there is a need for quality affordable housing; opposition is based on fear; this project helps Orange meet Housing Element goals; the project meets City standards; potential residents are already in Orange and in Orange schools; and this is affordable housing, not low income housing. PAGE 18 CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) . Janine Ingram, 219 S. Lincoln . Sister Nancy O'Conner, Sisters of St. Joseph, 480 S. Batavia . Sister Marie J. Gailac, Sisters of St. Joseph, 480 S. Batavia . Darlene Alvarez, address on file . Tara Brewer, 3045 Craig Dr. . Sister Marie Leschure, Sisters of St. Joseph, 460 S. Batavia St. did not speak . Scott Parker, 1040 N. Elizabeth PI. . Sister Rose Marie Redding, Sisters of St. Joseph, 480 S. Batavia St. . Toni Carlton, 3106 Hillcrest St. The following people spoke in opposition to the proposed project. Their comments included: schools are already overcrowded; increase in traffic; more room is needed for children to play; residential use is not appropriate for Chapman Avenue; density is too high; West Orange is over built; those in favor of project do not live in the neighborhood; and conflict of interest from those Councilmembers sitting on the OHDC Board. . Rick VanBeyner, 124 N. Jewell Place . Cynthia Martinez, address on file . Scott Sheeks, 157 N. Citrus, passed out copies of OMC code sections, citing violations in project . Barbara Mantor 1212 W. Acacia Place . Kim Minter, 180 S. Lime St . Pam Peterson, 172 S. Lime St. . Ron Peterson, 172 S. Lime St. . Dean Smith, 1006 Arbor Way . Christine Smith, address on file . Bruce Villott, address on file . Julie Williams, 141 N. Citrus St. . John Mayes, 737 N. Highland . Teresa Rico-Sanchez, 1024 W. Almond . Art Ramirez, address on file . Joan Liermann, 1041 Arbor Way . Denise Egell, 126 N. Citrus . Keith Guenther, 165 N. Citrus St. . Michael Okuma, 173 Jewell . Ann Heustead, 116 N. Jewel The City Attorney clarified comments made about possible conflicts of interest with Councilmembers also sitting on the OHDC Board. He explained OHDC was created by the City and the seed money that was given to create OHDC was there for the purpose that OHDC would help the City further its affordable housing goals. The OHDC by-laws also provide that two Councilmembers shall sit on the Board, and the primary purpose of that provision was that OHDC Board members could get some input from the City Council at the OHDC Board meeting PAGE 19 .- ,.---- CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) level and also so Councilmembers could monitor the OHDC activities. There are any number of committees and boards that Councilmembers sit on in a dual role, and often by state law requirements. There has to be some level of interest by elected officials in issues that are before them. In general, the law states that only in cases where there is a financial conflict that the interest is deemed to outweigh the public interest in having their elected officials represent them. He also explained the Councilmembers are ex-officio board members on the OHDC Board, which means they are unpaid and have no voting power. The City Attorney further clarified comments made about campaign contributions, in that campaign contributions are not considered a source of conflict. TAPE 3 - 725 In response to questions about a potential conflict of interest for Councilmember Alvarez in voting for the contract for this property, the City Attorney explained there is a potential for a conflict, so the contract will be brought back for City Council action in two weeks. This contract will be brought back whether or not this project is approved. The contract itself provides scenarios where the project is and is not approved. It was noted that if the project is not approved, the owner of the property then becomes the Orange Redevelopment Agency. Bob Mickelson, representing OHDC, clarified some of the concerns expressed by residents. School overcrowding - this project will contribute some students, but many of those students are already in Orange schools. Safety of children - many other apartment projects in Orange are on arterial highways, but do not have full time supervision or locked gates, which makes this project actually safer. The project setbacks and open space meet or exceed code requirements; there is adequate parking provided; there will not be a significant traffic impact; these are well managed, high quality apartment units; crime actually decreases near their units; there is not a lot of turnover and few problems with tenants; OHDC has a long term lease on the property with the guaranteed option to buy the property in 10 years and it is leased because of tax implications for the lessor; and this project will help to implement the goals ofthe Housing Element. Barry Cottle, representing OHDC, explained about the Learning Center which is a part of this apartment project staffed with volunteers who tutor children; and is open to other neighborhood children as well as apartment residents. Councilmember Coontz noted the differences between the Highland Street project, which is very large, and this proposed project. Councilmember Ambriz reported there have been many communications received from the Orange Unified School District and asked for clarification. Bob Mickelson stated the original figure from the School District projected an increase of 5 students with this project, which OHDC realized was wrong. In a further analysis, OHDC projected about 20 students. PAGE 20 r -------- CITY COUNCIL MINUTES February 25, 2003 13. PUBLIC HEARINGS (Continued) Councilmember Ambriz stated a letter from the School District dated December 13th states an addition of 50 kindergarten through 12'h grade students and clearly states it will not have a severe impact on District schools. There is a lot of confusion about this impact to schools and it needs to be clarified. Mayor pro tem Cavecche asked for clarification on the State mandate and if rehab units count toward the state number. Linda Boone, Economic Development Director, stated under current guidelines, the City does not get credit for rehabilitating existing units. The State's contention is that the only way to take care of the housing problem is to increase the supply of affordable units. Councilmember Ambriz asked about the repercussions in the event the City does not meet the State mandates. Ms. Boone stated the State has only threatened to take away housing funds if they are not used in an appropriate time frame; however, there have not been any specifics as to exactly what might happen if this occurs. This also does not affect CDBG funds. Mayor Murphy noted that all the correspondence received was circulated to the Council and made a part of the record. MAYOR MURPHY CLOSED THE PUBLIC HEARING TAPE 3 -1260 Council Comments Councilmember Ambriz complimented the citizens and OHDC for their patience. Affordable housing is a huge issue and not easy to address; noting the income levels for qualified renters is not real low; and was concerned about the threat of money being taken from the State. He stated there are other homes along Chapman, but questioned the density of this project. He asked how far this project could be scaled down and still remain financially viable. TAPE 1420 Councilmember Coontz stated she moved to Orange in 1961, near Taft Avenue, when it was still semi-rural. The area has now been built up with a great deal more homes and businesses. The speed limit on Taft Avenue is 45 mph in spite of the residential area, schools and churches. Increases in traffic speed have occurred because of laws which have allowed speeds to increase periodically. This has happened on all streets in all cities throughout California. Councilmember Coontz commented on West Chapman Avenue, which is mostly zoned C-2, and includes a lot of automobile businesses. There have been many attempts to change this and clean up West Chapman, but this has been fought by the businesses. She questioned the total number of units of this project, that it may be more than is acceptable, but this is a beautiful project and she did not think it would impact the neighborhood as the neighbors say. PAGE 21 CITY COUNCIL MINUTES February 25,2003 13. PUBLIC HEARINGS (Continued) Councilmember Coontz tried to put the problems along Citrus into perspective with regard to the auto repair business on Citrus and Chapman. No neighborhood is perfect, but this project will help the entire community with a good apartment building with extreme concerns and careful monitoring of prospective tenants. She stated she can appreciate the fears of the neighbors, but noted that everyone who lives around an OHDC project comes to appreciate it after it is in. TAPE 1590 Mayor pro tem Cavecche stated her vision for West Chapman did not take into account high density residential. She realizes there is a moral obligation to provide affordable housing, and even voted not to support the City's Housing Element because it did not address affordable housing enough; but in weighing the desire to provide housing with land use issues, she did not think this was a good use for the property. She could not support rezoning this commercial property to residential. Mayor Murphy thanked everyone involved for bringing their concerns forward. He stated there are two decisions to make - should rezoning of this property be considered, and if considered, what can fit on that piece of property. He realizes the need for housing, and thinks a project could be done, but this is not the right project for this property, as it is too dense for the property and area. The density would have to be reduced dramatically, with maybe more open space or reorganized so that it minimizes the number of second story units, provides covered garages along the back to insulate the adjacent property owners and also look at maybe restricting the ingress and egress on Citrus to minimize traffic impacts on Citrus and the neighborhood. He could not support the project as proposed. Ms. Boone stated the Agency could reduce the number of units to 21 which would still make it eligible for tax credit financing. The Agency has been operating on a timetable because of the tax credit application deadline. However, because of the complexity of this project, she suggested they could forgo the current tax credit deadline, since another tax credit opportunity would be available this coming year, and significantly re-tool the project. Councilmember Coontz stated there is a real need for affordable housing, noting that many people in Orange County started out with low interest veterans loans for housing; and reiterated this is not low income housing, this is affordable housing. Council received many racist letters and positive letters but because of the attitude of the audience people were afraid to come to the meeting. She thinks this is a good project, and hoped it can be changed enough so everyone thinks it is a good project. She noted the schools speak to overcrowding, but the schools have been overcrowded for years. Mayor pro tem Cavecche stated she would be comfortable waiting to meet the new tax credit deadline later this summer, and have more discussions with the neighborhood. She is firm in her belief for that part of Chapman Avenue, but thinks delaying this is the better way to go. Councilmember Ambriz stated he did not want to rush a decision and would be willing to talk more with the neighbors to see what is acceptable for the neighborhood and take advantage of the opportunity to rethink this project. PAGE 22 r- CITY COUNCIL MINUTES February 25,2003 13. PUBLIC HEARINGS (Continued) Mayor Murphy stated he grew up in West Orange and is very familiar with the neighborhood. There still may be a proj ect, but this one needs a lot more work. He wasn't sure if reducing the number of units to 21 would even be acceptable, but it definitely needs re-working, with items such as covered garages and additional insulation from the adjacent neighborhood. In response to questions by Councilmember Ambriz, the Community Development Director stated if neighbors notice any code violations in any neighborhood, they can call the City's Code Enforcement Division. She stated if there are numerous violations in an area, a concentrated effort is made by various City departments as a team. The City Attorney stated one possibility is to table this item and readvertise it when it comes back for future hearings. If the project is basically reduced in size and impacts, it may not have to go back through the environmental review process again. MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez Moved to table this item 14. PLANNING AND ENVIRONMENT - None. 15. ADJOURNMENT MOTION - Cavecche SECOND - Ambriz AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez The City Council adjourned at 12:04 a.m. in memory of Lewis Silvers. ~A;/A~AtfEAU ~AAA.-(;;t- CASSANDRA J. THCART, CMC CITY CLERK PAGE 23 . T