09-29-1999 Council Minutes Adj Regular
CITY COUNCIL MINUTES
OF AN ADJOURNED REGULAR MEETING
ORANGE, CALIFORNIA
SEPTEMBER 29, 1999
The City Council of the City of Orange, California, convened on September 29, 1999 in an Joint
Adjourned Regular Meeting at 6:00 p.m. in the Weimer Room, 300 E. Chapman Avenue,
Orange, California.
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1.
OPENING
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
CITY COUNCIL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
PLANNING COMMISSION
PRESENT - Bosch, Pruett, Romero, Carlton
ABSENT - Smith
2. PUBLIC COMMENTS - None
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 an adjourned regular meeting of September 29, 1999 at Orange Civic
Center, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia,
the Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
adjourned regular meeting.
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ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
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3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Item 3.1 was approved as recommended.
4. ADMINISTRATIVE REPORTS
4.1 Update and overview of the East Orange General Plan.
Presentations
Mayor Coontz remarked it has been some time since the Council has had a public meeting to
discuss the City's plans for East Orange. The topic of land use planning for the City's eastern
sphere of influence has not been in the forefront for several years, but that does not mean it has
lost any importance for the City of Orange. Together with The Irvine Company and the
community, the Council has planned for the future expansion of the City to benefit all. During
the process we closely examined the City as it exists today and identified the needs and made
sure the East Orange General Plan incorporated all the important elements for the extension of
the City into the future.
The County search for a new jail site has moved Eeast Orange back into the spotlight. A review
ofthe East Orange General Plan and the City's established policy is warranted. There have been
changes to the Council, Planning Commission, staff and community and everyone needs to be
brought up to speed.
The City Manager commented the planning efforts done by the City will help to ensure the City
has a coordinated planning effort. It allows the City to maintain control over future land uses and
prevents others from doing the planning in the City's sphere without the City's input. It ensures
the provision of services and public infrastructure, i.e. locations of fire stations, schools, libraries,
parks and public support services are in place in conjunction with development activity. There is
a vision of community leaders and residents alike that gives the City the ability to create the kind
of community desired. It also ensures that future neighborhoods and communities are developed
to be balanced economically so they do not stand as a financial drain on the rest of the
community but they stand on their own. For these reasons, over the years, the City has expended
a great deal of resources and manpower in several efforts of the East Orange area. However, it is
important to note that this type of planning effort is not static, rather these plans are dynamic
documents that must be reviewed over time to ensure they meet the needs and demands of the
community oftoday.
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The Planning Manager reported on the City's planning of the sphere of influence over the past
twenty years and how it has been analyzed and how best to use resources, the type of land use the
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4. ADMINISTRATIVE REPORTS (Continued)
City wants for the area. The Eastern Transportation Corridor opened last year provided
additional reasons for review.
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Several plans were created in the 1970's and 80's which culminated into the plan that is being
reviewed at this time. Collectively all these plans established important City goals; create an
effective circulation system, balanced development, minimize environmental impacts, enhance
recreation opportunities, provide emergency services, etc. There was a tremendous amount of
community participation involved in each of these planning studies. The goals for the East
Orange General Plan were: fiscal balance, diversified housing, significant open space, adequate
circulation system, ample public services and integration with existing City.
The current status ofthe plan: economic downturn in early 90's stalled implementation; City and
TIC agreed to set aside planning, regional facilities proposed within the City's sphere without the
City's participation, regional facilities can negatively impact the City's ability to create the type
and quality of communities the City would like to see in East Orange and The Irvine Company
has no plans to move forward with planning.
Council questions:
Councilman Slater asked the location of the proposed jail sites. The Planning Manager indicated
two were on the east side of the Eastern Transportation Corridor and one site was on the west
side.
Mayor Coontz asked how far the thre jail sites are from the East Orange planned community?
The Planning Manager indicated there is approximately two miles between the Anaheim
Mountain Park Planned Community edge and the East Orange General Plan. The jail sites are
approximately a mile to mile and one half from the East Orange planned community.
Planning Commission
Commissioner Bosch commented since the plan has been adopted, there has also been the
adoption of a mitigation plan for rare and endangered species. How does this overlay the current
general plan and potential jail sites?
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The Planning Manager explained the Natural Community Conservation Plan which created the
NCCP reserve covers the green open space areas on the map. The remaining sphere area is
identified in the NCCP plan as the north policy plan area which means at some future time,
portions of that area will be added to the reserve, but are not currently in the reserve. In future
planning efforts, if development were proposed, the focus would be on providing connectivity
and diversity for the endangered species.
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4. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz asked how solid was the NCCP in the designated area for the future. The
Planning Manager indicated the NCCP has a 75 year life term with the potential to extend for a
period of time.
Commissioner Bosch ask if it could be amended and has The Irvine Company had their lands
placed into the NCCP? The Planning Manager answered the landowner designated portions of
the East Orange property into the reserve. For the policy plan area, as part of any planning
process, special studies would have to be completed to identify endangered species, identify
potential impacts of development and the NCCP would be looking to include it in the reserve.
The Irvine Company has had their lands in the green areas on the map placed in the NCCP
reserve.
Public Participation:
Shirley Grindle, expressed doubt that The Irvine Company would have placed the green areas on
the map into the NCCP reserve. The Planning Manager responded the area within the East
Orange General Plan has been placed into the NCCP reserve, however the remaining sphere has
not.
Carolyn Aliotta asked if traffic studies have been completed to know how many outside cars
would be coming into the resort at the lake? Was it considered to leave that land passive around
the Lake? The Planning Manager indicated extensive traffic studies have been completed and
are included in the documents. Yes, one of the alternatives studied was to leave the land around
the lake as open space.
Councilman Spurgeon expressed concern that when The Irvine Company decides to discuss this
plan, they may have many different ideas.
Mayor Coontz remarked the East Orange General Plan is a visionary plan with 15-20 years being
spent on this plan. It is an extension of the City as everyone in the City would foresee it. Past
developments mistakes were made. Subsequently, hillside development, landscaping and school
problems were all considered. One of the big issues was The Irvine Company did not want to go
around the lake and the emergency services felt it was a necessity to access the periphery of the
lake. The East Orange General Plan is extremely important to let people know that we have been
planning in the City's sphere of influence.
Bob Bennyhoff, asked what happened to the contract The Irvine Company signed with the City
agreeing to annex all 7,115 acres to the City? Has The Irvine Company communicated what they
want to discuss? Mayor Coontz indicated The Irvine Company has not responded to the City.
Bob Viviano asked how many residences are planned? Also, how many schools were allocated?
The Planning Manager responded the plans allow for approximately 12,000 dwelling units, and
the school district proposed I-high school, I-intermediate school and five elementary schools.
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4. ADMINISTRATIVE REPORTS (Continued)
Tom Anderson, Orange Park Acres, asked if the school population estimate was still the same?
The Planning Manager reported the numbers were from the late 80s. This would have to be
discussed with the school district. Mr. Anderson commented this vision is out of date and
environmental specialists today are more sophisticated.
Bob Bennyhoff, commented the plan needs to consider who will pay for all infrastructures being
proposed.
Al Irish, asked when the School District signed a MOU with a subsidy for The Irvine Company
who was developing in that area, the MOU went away when The Irvine Company closed it down
_ does this general plan affect The Irvine Company or affect that subsidy (Irvine Community
Builders)? The schools were planned at the last moment.
Mayor Coontz responded the school sites are listed in the East Orange General Plan with The
Irvine Company, not with their subsidiary.
Planning Commissioner Carlton asked who owns the three jail sites and how are they funded?
The Planning Manager responded The Irvine company owns the property and did not have
information on funding.
Mayor Coontz remarked the policy is The Irvine Company will work with the City for all
planning within the City's sphere of influence and there would not be a jail within the City's
sphere. The point is The Irvine Company for the past four years has been planning with the City
of Lake Forest to locate a jail preferably within the City of Orange's influence. The Musick jail
site has been approved for jail expansion in South County, the City of Orange wants to retain its
ability to handle their future in East Orange.
Planning Commissioner Carlton asked what type of revenue the City could expect if a jail was
placed in the City's sphere? Mayor Coontz noted the City would not receive any revenue.
Bob Tunstall, Supervisor Coad's Office, explained the Theo Lacy mutual agreement between the
County and the City of Orange allowed for maximum security beds - the quid pro quo was there
would be no jail sites in the City of Orange, which the former Sheriff was in agreement.
Councilman Murphy thanked Supervisor Coad for recognizing the Theo Lacy agreement and
_ carrying on the spirit ofthe agreement.
Planning Commissioner Carlton asked how many acres would it take to build the jail? The
Planning Manager explained a minimum of 40 acres for the estimated 5,000 high security
inmates.
Mr. Irish asked what roads will busses take through Orange? Mayor Coontz explained the
Sheriff reported there were three jail sites and a proposed interchange constructed between
Windy Ridge and Chapman Avenue.
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4. ADMINISTRATIVE REPORTS (Continued)
Councilman Murphy observed the important part is that the basic planning and philosophy is in
place making sure the environmental aspects are taken into consideration and evaluated up front
rather than on a piece by piece basis. As time goes on we need to work to keep the plan as
current as possible recognizing it is still conceptual in nature until the land owner is ready for
discussions.
Planning Commission Pruett asked if buffers would be created because of the proposed jails and
would this be part of the planning process? There is an economic issue here for The Irvine
Company. It was suggested the development they are looking to occur might not make sense or
be appropriate because of the jail. Regarding the downsizing of the airport, will that make the
Musick site more acceptable?
Supervisor Coad indicated no action by the supervisors has been taken. It was suggested the
Supervisors look at the 20/20 timeframe (long term) to get all people to look at this not just north
and south county. There was always a decision to do the airport in phases. There are 14 jail
sites. Supervisor Coad commented Orange has done its share.
Councilman Slater commented he wanted to make sure the public understood the Theo Lacy
settlement in 1994 did not preclude a potential jail site in East Orange. Research has shown there
is nothing for sure in writing. The decision is based on three votes from the Board of
Supervisors on whether or not there will be a jail in East Orange.
Mayor Coontz commented this is why it is important to discuss what the City's plans are for East
Orange, even if it is only the philosophy, goals and concepts, and the City needs to make it
known to the Board of Supervisors. The City of Orange is only one of 32 cities and has taken
care oftheir share of affordable housing and many issues which new cities do not pursue.
Councilman Spurgeon commented on the first phase of development named Santiago Hills
which The Irvine Company failed due to short driveways and density issues. Mayor Coontz
remarked the 230 acres at Santiago Hills development was the test case which was done before
the East Orange General Plan. This was the reason the City created a very specific general plan
to address those problems they did not like in Santiago Hills.
Mayor Coontz stated with The Irvine Company's approval and consent the City adopted the East
Orange General Plan, however the City would like to begin discussions again. The City
Manager suggested the City move forward to work on an expansion of the general plan to cover
that area in our sphere that is unplanned is what the City of Anaheim has done in Mountain Park.
The City would like to extend its planning effort to cover the distance between the existing plan
and the City of Anaheim and then welcome The Irvine Company, County and Sheriff to
participate in the process.
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Supervisor Coad spoke that LAFCO has guidelines covering the sphere of influence which has
enhanced the controls the City has. It was suggested the City Attorney review this to check on
protections. The City Attorney responded he has a copy of the guidelines and report.
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4. ADMINISTRATIVE REPORTS (Continued)
The City Manager noted the City's committee, county staff and League representatives have had
many discussions. LAFCO and The Irvine Company did not want some of the specific local
development controls. There is more local control and the County has allowed the local
communities to have more input into their planning standards for those areas eventually annexed
into the City. LAFCO is now reviewing the actual sizes of spheres and the property to be
developed within the next 10-20 years. Because of the large size of the City's sphere of
influence, LAFCO will re-evaluate the City's size.
Planning Commissioner Bosch asked what is the status of the Year 2,000 annexation agreement?
The City Manager responded it is being discussed with The Irvine Company and the agreement
will expire December, 1999. It is anticipated The Irvine Company would move forward with
development. When the down turn in the economy hit, The Irvine Company abandoned a
number of developments and only recently began to reactivate some of those in the south county
and areas where development could occur at a lesser cost. The City Attorney noted development
was to occur within the ten years which did not happen and changes need to be made to the
agreement.
Mayor Coontz commented phone calls have been made to The Irvine Company but nothing
productive has occurred and no official request has been made. The City Council will consider
this. The City Manager indicated The Irvine Company reviews their five year plan annually and
East Orange has not been on their agenda.
Supervisor Coad remarked a judge has given the Sheriff a short period of time to meet the
number of beds. There are no funds because of the bankruptcy. Laguna Nigual needs a larger
court house and has funds set aside for an addition. They are now requesting a new court house
and will request extra funds. There is a theory that jails and court houses go together and
Supervisor Coad will pursue this idea. There is also tobacco settlement money coming down and
there is a big push for health or jail.
5. RECESS TO CLOSED SESSION
The City Council recessed at 7:30 p.m. to a Closed Session for the following purposes:
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a. Conference with Legal Counsel - anticipated litigation
a. Conference with Legal Counsel - anticipated litigation
Serrano Heights School Impact fees
Gruebel Park Fees
b. 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 ofthe matters will not be considered in Closed Session.
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CITY COUNCIL MINUTES
6. ADJOURNMENT
The City Council adjourned at 7:50 p.m.
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CASSANDRA J. HCART, CMC
CITY CLERK
SEPTEMBER 29, 1999
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