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03-23-1999 Council Minutes APPROVED BY THE CITY COUNCIL ON APRIL 13, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING March 23, 1999 The City Council of the City of Orange, California convened on March 23, 1999 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 Pastor Caruso, New Life Community Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Spurgeon 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Employee Recognition Service Awards were presented by the City Manager to Mary Wasz (Library), Martin Martinez (Community Services), Douglas Fackiner (Fire), Linda Morgan (Community Development), Trudy Baxter, (Police), Leola Lord (Police), Dennis Bueschel (Fire), and Mark Bingham (Fire). (C2500.J.4.18) Mayor Coontz announced Citrus City Grille, a local Old Towne restaurant, received for the second year a Sterling Silver Award in the category of contemporary restaurants from the Southern California Restaurant Writer's Association. They also received recognition in a 1999 Restaurant Review Directory which is published in major metropolitan areas across the country. 2. PUBLIC COMMENTS Tape 230 Carole Walters, (address on file), commented on a recent newspaper article, indicating she does not feel the City Manager's legal fees should be paid by the City. Norm Phillips, 348 Redwood, commented on the City giving $3.25 million for the Chapman University parking structure, requesting an explanation for the City's renting of half of the 350 parking spaces. PAGE 1 CITY COUNCIL MINUTES March 23, 1999 3. CONSENT CALENDAR Tape 380 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of March 23, 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 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 March 4 and 11, 1999 . ACTION: Approved. (REMOVED AND HEARD SEP ARATEL Y) 3.3 Request approval of City Council Minutes, Regular Meeting, March 9,1999 and Adjourned Regular Meeting, March 16, 1999. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to the April 13, 1999 meeting. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.5 Proposed agreement with the Orange County Transportation Authority to hire The IBI GrouplThe Planning Center Team to perform Land Use and Urban Design studies related to the proposed CenterLine (Urban Rail) Project. (OC1300.D.l) SUMMARY: Through the use of the OCTA funds set aside for use by the City of Orange, the proposal is to utilize The IBI GrouplThe Planning Center Team to perform Land Use and Urban Design studies related to the City's interests in the proposed CenterLine Project. The $40,000 contract would be funded by the OCT A, but the work would be performed under the direction of the City of Orange. ACTION: Approved the Scope of Work and authorized the Mayor and City Clerk, on behalf of the City of Orange, to execute an agreement with the OCT A. FISCAL IMP ACT: None. All funding is provided by the OCT A. PAGE 2 CITY COUNCIL MINUTES March 23, 1999 3. CONSENT CALENDAR (Continued) BIDS 3.6 Award of Contract - Bid 989-27; Project SP-3157; Intersection Widening of La Veta Avenue and Glassell Street. (A2100.0 AGR-3216) SUMMARY: The construction improvements to be completed as part of this project include the addition of a second eastbound through lane on La Veta Avenue from Orange Street westerly to Lemon Street, and a southbound travel lane on Glassell Street from 350 feet south of Culver Avenue to La Veta Avenue. The construction includes reconstruction and overlay of the existing asphalt concrete pavement, new concrete curbs, gutters, sidewalks and bus pads/turnouts within the widened street areas, traffic signal modifications, and installation of new City owned street lights. Parkway landscaping includes street trees, and installation of turf and automatic irrigation systems for City owned vacant lots at the intersection of La Veta Avenue and Olive Street. NOTE: Councilman Alvarez abstained on this item as his office located at 360 S. Glassell is within 300 feet of the project. Councilman Slater abstained on this item as he has property at 222 E. LaVeta located within 300 feet ofthe project. ACTION: Awarded a contract in the amount of $508,393.40 to Sequel Contractors, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following accounts: 271-5011-483300-3017 $93,220.00 (Special Gas Tax Construction), 271-5011-483399-3017 $558,550 (Special Gas Tax Construction), 550-5011-483300-3017 $264,186 (Reimbursable Capital Project Funds). 3.7 Fire Station No.8 - Approval of plans and specifications, and authorize advertising for bids for Construction of Temporary Site. (P2500.0.4) SUMMARY: Plans and Specifications have been completed for the construction of the Fire Station No. 8 Temporary Site at the northeast corner of Cannon Street and Carver Lane. The project is ready to be advertised. Estimated construction cost is $414,000. ACTION: 1) Appropriated $324,000.00 from Fund 562 to Account No. 562-3021- 481200-2683, Fire Facilities Area "C", for the construction of Temporary Fire Station No.8; and 2) approved plans and specifications and authorized advertising for Temporary Fire Station No.8 Site construction. PAGE 3 . - __ __. _._._.. .____..... _...~. ..__ _______~___~..."~__ ...._~_.__'^._._,,____..-J CITY COUNCIL MINUTES March 23, 1999 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Total architectural and construction costs for the temporary facility are $464,000.00. Funds in the amount of $140,000.00 are available in Account No. 562- 3021-481200-2683 (Fire Facilities Area "C", Temporary Fire Station). An additional appropriation of $324,000.00 is required for the completion of the facility. Adequate money is available in Fund 562 for the appropriation. Costs of $90,000.00 for Architectural Design for the permanent Fire Station No. 8 will be included in the Fiscal Year 99-00 Capital Improvement Program. 3.8 Contract Change Order No.1 and Final Contract Change Order for Bid No. 978-54, Project No. D-128, Sacramento Street Storm Drain Improvements. (A2100.0 AGR- 3083) SUMMARY: This final contract change order authorizes payment for the increase in the quantities of various bid items beyond the original estimate of work and unforeseen extra work. The total contract cost is $1,398,066.51. ACTION: Approved Final Contract Change Order in the amount of$22,393.51 to Paulus Engineering, Inc. for the additional quantities at contract unit prices and additional work beyond the original contract work. FISCAL IMPACT: Funds are budgeted in the following accounts: 510-7021-481200- 0017 $687.00 (Handy Park Renovation), 285-5032-483100-6095 $3,248.61 (Traffic Signal Modification at Handy/Collins), 530-5011-483400-3433 $18,457.90 (Drainage District Fund). 3.9 CLAIMS (C3200.0) The City Attorney recommends that the Orange City Council deny the following Application to Present a Late Claim and Claim(s) for damages: a. Cynthia True b. Richard Carlson c. Peter Lara d. Robert Cole e. Theodore and Angel Hopson f. Mercury Insurance g. Taco Bell #2482 h. Waldo Garcia, Jr. a minor, through his Guardian Ad Litem, Waldo Garcia Sr. ACTION: Denied Application to File a Late Claim and claims for damages and referred to City Attorney and Adjuster. FISCAL IMPACT: None. PAGE 4 CITY COUNCIL MINUTES March 23, 1999 3. CONSENT CALENDAR (Continued) POLICE REQUEST 3.10 Use of Police Traffic Van in Baker to Vegas Relay Race. (C2500.K) SUMMARY: The Police Chief requests that the Orange City Council approve the Police Running Team utilize the Police Traffic Van and gas for a follow vehicle in the Baker to Vegas Relay Race, April 9 through 11, 1999. ACTION: Approved the use of the Police Traffic Van and gas as a follow vehicle for this event. FISCAL IMP ACT: None. RESOLUTIONS 3.11 RESOLUTION NO. 9084 (A2100.0 AGR-3171) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 989-08; D-131; B. R. Day Construction, Inc.; Stewart Drive Storm Drain Improvement. ACTION: Approved. 3.12 RESOLUTION NO. 9087 (A2100.0 AGR-0343.A. M004) A Resolution of the City Council of the City of Orange approving the execution of Program Supplement No. M004, to local Agency-State Master Agreement No. 12-5073 for Federal Aid Projects with the State of California which will fund a portion of the Street Reconstruction on Tustin Street from Fairhaven Avenue to Chapman Avenue. ACTION: Approved. 3.13 RESOLUTION NO. 9088 (A2100.0 AGR-0343.A M005) A Resolution of the City Council of the City of Orange approving the execution of Program Supplement No. M005, to local Agency-State Master Agreement No. 12-5073 for Federal Aid Projects with the State of California which will fund a portion of the Street Reconstruction on Tustin Street from Chapman Avenue to Collins Avenue. ACTION: Approved. PAGE 5 . CITY COUNCIL MINUTES March 23, 1999 3. CONSENT CALENDAR (Continued) 3.14 RESOLUTION NO. 9089 (A2100.0 AGR-3057) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 978-36; Hollister Construction Company; Orange Main Library Remodel. ACTION: Approved. TRACT MAP 3.15 Recordation of Final Tract Map No. 14359. (T4000.0 TRT-14359) SUMMARY: Sun Cal Companies is requesting that the City Council approve the recordation of Tract Map No. 14359. This project is the first phase of the Serrano Heights Development approved by Council as part of Tentative Tract Map 14359. All plans have been approved, fees paid and bonds posted to guarantee improvements. ACTION: Approved. FISCAL IMPACT: None. MOTION SECOND AYES - Murphy - Slater - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 3.3 was continued to April 13, 1999. Councilmen Alvarez and Slater abstained on Item No. 3.6. The remainder ofthe Consent Calendar was approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR COONTZ - None 5. REPORTS FROM COUNCILMEMBERS Tape 464 5.1 Councilman Alvarez - Report on the group care homes throughout the City (continued from March 9, 1999). (C2500.H) Councilman Alvarez reported he spoke with John Grant at the State of California Department of Social Services located in the City of Orange. One of the agency's goals and objectives is to license people who are in the business of leasing out group care homes. The agency monitors the residential group care homes to make sure the guidelines are being followed. He provided for the record a pamphlet from the California Association of Services for Children which provides group care home information and recommendations to be followed for maintaining group care homes in a residential neighborhood. Mr. Grant reported that almost every residential home in Orange under his authority averages approximately four visits per year. The agency also licenses PAGE 6 CITY COUNCIL MINUTES March 23, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) the residential care manager who is screened for health concerns, first aid certification, and screened for procedures concerning background checks. Concern was expressed that the City is not part of the loop. Councilman Alvarez spoke to neighbors within the neighborhood south of McPherson and near his neighborhood at Taft and Cambridge have expressed concerns that these people are not being monitored as closely as they should be. There is a City Manager's Association Committee that is now revealing this matter as they see the problem is becoming countywide. The following action was requested of Council: 1) Direct the City Manager to contact the Committee and find out what information they are putting together and report back to Council; 2) Keep the Fire Department involved as their inspections are very limited as to what they can do and enforce. They can be the eyes and ears for City Hall as well as the residents; and 3) Get information out on how to deal with problems with a residential home. The State agency maintains a duty officer that is on call during business hours to handle complaints or concerns of residents and can be reached at (714) 703-2840. Residents need to understand they must contact the State agency first. Once a complaint is filed, the State agency has 10 days to respond. The reason why the City cannot get directly involved is due to laws that were enacted to help move mentally impaired or developmentally disabled people out of large institutions. There are few standards concerning the types of individuals that can be placed in the group care homes. This can cause a problem for neighborhoods. Mayor Coontz asked Councilman Alvarez what work he has done on this issue over a long period of time? At the last Council meeting she spoke to the fact that these are State regulations, and has addressed this issue at Council meetings about four different times. The City is awaiting information from Assemblyman Campbell regarding his bill on group care homes which is going through the legislative process. One difficulty is that the County social workers are understaffed. Mayor Coontz invited Councilman Alvarez to meet with her to share information on this issue in order that they not both be going down parallel paths. Councilman Alvarez indicated he wanted to provide information on what immediate action a concerned neighbor could take. The Fire Chief presented his report which lists group care home facilities in the City, indicating there are many different classifications of day care facilities, which can change from time to time as they are State regulated. He explained the regulatory process the Fire Department follows, which is to look for basic fire code issues, i.e. exits, extinguishers, smoke detectors, housekeeping, and the general overall safety of the facility. Group care homes are inspected by the Fire Department on an annual basis. Typically, larger facilities are of a classification which require a fire safety permit. PAGE 7 CITY COUNCIL MINUTES March 23, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Coontz requested the Fire Chief provide a map which details the group care homes by district. The Fire Chief was directed to coordinate with the Police, Fire, and Community Development Department efforts to ensure the State regulations are being followed. The City will continue to see what can be done legislatively. The Police Department needs to know where the homes are located, and the Community Development Department needs to see that the homes are not located within 300 feet of each other. A long-term goal is to work with the State legislature so there is not an over concentration in one particular neighborhood area. Most group care homes are not a problem. Problems that occur are due to information about the home not being given to the neighbors or a change in the type of patient in the homes. Members of the legislature are trying to work on these issues. The City must be careful because several children's organizations and senior homes serve a very positive purpose. At this time, except for information purposes, there is not much that can be done at the City level. The Fire Chief commented they recently found out that elderly care homes are exempt from the 300 feet requirement. A booklet will be provided to Council with the group care home and Fire Department district reporting maps. Carole Walters, (address on file), commented residents should be notified of any type of group home in the neighborhood. Fliers need to be passed out and senior citizens need to be notified. Barbara DeNiro, (address on file), commented everyone should look into this issue. It should not be who did what first and who gets credit. Are group care homes that have under six individuals State licensed? Steve Borden, 447 S. Olympia Way, expressed concern that some group homes may be run purely for business sake and the people are not properly being taken care of. Also, revenues are being lost because the State doesn't properly notify the City or the County who is where, and what is going on. If a business is being run, they need to pay for the services the business demands. The group homes need to be spread out demographically. Mayor Coontz responded that State law does not require a business license, and suggested Mr. Borden pass on his concerns to the State legislator. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Reappoint Darlene R. Chandler and Mary Ellen Laster (Alternate) to the Orange County Housing Authority Advisory Committee (OCHA), terms to expire March 31 2001. MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. PAGES CITY COUNCIL MINUTES March 23, 1999 7. ADMINISTRATIVE REPORTS Tape 1216 7.1 Monthly Treasurer's Report for the period ending February 28,1999. (C2500.F) The Finance Director presented the report. MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 7.2 Phase II of a two-phase computer technology replacement and upgrade for the Police Department. (A2100.0 AGR-3217) SUMMARY: The Orange Police Department's current technology has fallen into obsolescence and has become increasingly unreliable and software cannot be supported with upgrades or maintenance. At the December 8, 1998 meeting, Council approved Phase I funding for $538,088. At this time, staffis requesting funding for the final Phase (phase II) for $1,123,500. NOTE: Councilman Murphy reported a potential conflict with his employment and left the Council dais. The Police Chief presented the report and explained the proposed system. MOTION - Slater SECOND - Spurgeon AYES - Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - Murphy Moved to authorize the Mayor and City Clerk to execute a contract for $512,300 with Vision Software for the Police CADIRMS Software; appropriate from General Fund unreserved fund balance $900,000 to Account 500-4011-481301-2235 (Capital Fund, Police Technology - Phase II); appropriate $123,500 from Fund 355 to Account 355-4011-481301-2235 (Asset and Forfeiture-Police Technology - Phase II); and appropriate $100,000 from Fund 356 to Account 356-4011-4813011-2235 (Asset Seizure Fund-Police Technology - Phase II). FISCAL IMPACT: Total expenditures for Phase II are $1,123,500. Phase II will be funded by $223,500 in Asset and Forfeiture funds and $900,000 from the General Fund Unreserved Fund Balance. PAGE 9 CITY COUNCIL MINUTES March 23, 1999 7. ADMINISTRATIVE REPORTS (Continued) 7.3 Status Report from the Public Works Director regarding Handy Street traffic Conditions. (S4000.S.6) SUMMARY: At their February 23, 1999 Meeting, the City Council directed staff to delay the installation of the previously approved speed humps on Handy Street pending further community outreach and public participation. This report outlines staffs efforts since February 23, 1999 and the proposed future actions. The Director of Public Works reported the first meeting to be held is set for March 24, 1999. This will be with a representative of the neighborhood group that had been involved in the neighborhood preservation study, and a representative from the surrounding areas concerned about the installation of the speed humps. It is expected the meeting will lead to a larger community meeting. A commitment was made at the March 9, 1999 meeting to increase the level of traffic enforcement on Handy Street during the interim due to unsafe speeds. The speed limit on Handy Street is 25 mph. According to the speed study prepared by the traffic engineering division, only 3% of the traffic is traveling at or below the 25 mph speed limit. There has been above-average enforcement on an on-going basis by the Police Department. Police Department statistics highlight the concern of the neighbors in the area. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, commented there are times when people outside of the required 300 feet of a project are affected and should be notified. Mayor Coontz asked for a review of the notification policy. MOTION - Alvarez SECOND - Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 7.4 Report from the Public Works Director regarding a moratorium on speed humps. (S4000.S.6) RESOLUTION NO. 9086 A Resolution of the City Council of the City of Orange declaring a 60 day moratorium on the processing and installation of speed humps within the City. The Director of Public Works reported the request originated with the Fire Chief regarding a moratorium on further installations of speed humps to provide an opportunity to review impacts, particularly on public safety response times. The intent was to exclude Shaffer Street (where PAGE 10 CITY COUNCIL MINUTES March 23, 1999 7. ADMINISTRATIVE REPORTS (Continued) speed humps have already been installed) and Handy Street, as they have been approved by the Traffic Commission. Requests pending on which action will be suspended are for speed humps on Pampas Street and on Chestnut Street. It is proposed that before a larger community meeting is held or further action proceeds with Handy Street, pertinent information be gathered by staff and allow the Fire Chief time to prepare a report on the issue, in order that it can be provided to the residents at the meeting. In the meantime, monitoring will be done of the conditions on Handy Street on the affects of the speed enforcement activities of the Police Department on compliance with the speed limit, and reviewing the accident history along the route to have clearer information on any speed related causes of accidents. Mayor Coontz asked if everything will be accomplished within the 60 day period? The Director of Public Works responded the gathering of the data and preparation of the report will be accomplished within the 60 day period. Bill Lanning, 2632 E. Adams Avenue, commented the resolution should indicate the community public hearing should be held before the speed humps are processed. The Director of Public Works reiterated the 60 day moratorium is to allow time to gather information and complete the Fire Chiefs report. No further action will take place on Handy Street until it has gone through a community outreach process and brought back to Council. Councilman Murphy clarified that on the Handy Street issue Council wants to make sure all public outreach and discussion takes place before it comes back to Council. The moratorium and the request of the Fire Chief is citywide. Other sites that want consideration for speed humps may not have the same issues as Handy Street. MOTION -Spurgeon SECOND -Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. 7.5 Report from Director of Community and Library Services regarding the costs for repainting the snack bar roof, mitigating the light and glare of the security lights, and installing additional landscaping at McPherson Athletic Facility. (C2500.MA.19) SUMMARY: The City Council at its March 9, 1999 meeting directed staff to identify the costs to change the color of snack bar, mitigate any lighting and glare from the security lights, and provide additional trees behind the snack bar at McPherson Athletic Facility. The estimated cost for the above work is $62,400. The Director of Community and Library Services reported the estimated cost to change the color of the roof on both concession stands and restroom facilities and the entry McPherson sign is PAGE 11 CITY COUNCIL MINUTES March 23, 1999 7. ADMINISTRATIVE REPORTS (Continued) approximately $60,000. The roof is enamel baked and cannot be repainted because it would cause immediate chipping and pealing. To change the color would require ordering a new roof. Two separate tests performed on the security lighting on the site indicated that the glare and lighting has less than a significant impact to the surrounding residential area, which is a criteria the City must meet through the Negative Declaration. Due to concerns from residents, all lighting will be shielded on the concession stand, the Little League building adjacent to the homeowners; one parking lot pole furthest south adjacent to the homeowners; and one walkway lighting pole adjacent to the homeowners next to the field furthest east on the site. The cost to plant approximately six trees in back of the little league building, which mayor may not buffer the sound, is approximately $2,400. Councilman Alvarez expressed concern that a change order of $60,000 would not be recommended. Homeowners have been negatively impacted by the look of the turquoise roof from the backs of their homes. Spending $60,000 for a roof to make it a little bit more livable for those neighbors is as important as the change order for $125,000 to crush rocks. Councilman Murphy commented the crushed rock allowed families and kids to have Little League and sporting events at McPherson. The concession stands are now completed; and spending $60,000 would be like paying twice for the roof. The Director of Community and Library Services commented the City had to either remove the rock or stop the project. It was an unforeseen situation. The Director indicated he did not recall if the roof color was discussed with the neighbors. Councilman Slater commented there is a big difference between looking at the roof from the neighbors back yard than from the field. Perhaps a different color would have looked more appropriate. However, from the other side, it does look great and benefits a lot of people in the community. It is always difficult to try to please all sides. The money has already been spent and the roof is there. To replace it, the City would essentially be spending $120,000. He could not justify the expense for the City, as there are other places it could be better spent. Carole Walters, (address on file), commented the neighbors should have a right to look out their yard and see what they want to see. The City was in a hurry to complete this project. Steve Borden, 447 S. Olympia Way, commented he lives right behind the McPherson Magnet School. There is nothing but rock at the site, and it should have been budgeted to begin with? The City did not share the roof color with the neighbors. The plans presented to the residents are different than what happened. The City responded to the loudest group representing the McPherson homeowners. The homeowners were guaranteed they would not have a negative impact to their view. The City has let the people in the community down. PAGE 12 CITY COUNCIL MINUTES March 23, 1999 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved to approve no changes to the McPherson Athletic Facility beyond those improvements accomplished to date which include shielding the two lights identified in this report; and plant six trees behind the concession facility near Ruth Place, providing the residents agree to this consideration. FISCAL IMPACT: Any project change approved would require a fund transfer from Park Acquisition and Development Fund (510) Unappropriated Reserves to the Ballfield Relocation Account No. 510-7021-481100-0143. 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (two potential cases). Contract with ORRS b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 78 02 84 c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham; Employee Organizations: Top Management, Maintenance & Operations, Orange Management Association, Orange Municipal Employees' Association and Water Department Employees' Association. d. Public employee performance evaluation pursuant to Government Code Section 54957: City Manager. e. Conference with real property negotiator regarding the sale of real property pursuant to Government Code Section 54956.8: Property: 15+ acre vacant parcel generally located southwest of the intersection of Prospect Street and Walnut Avenue. Negotiating Parties: City of Orange and Beazer Homes Holdings Corp.; Under Negotiation: Price and terms of payment. PAGE 13 CITY COUNCIL MINUTES March 23, 1999 11. RECESS TO CLOSED SESSION (Continued) f. 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 2697 Mark Burkhardt, 3447 E. Ruth Place, notified the City of Orange and City Council that the McPherson Neighborhood Advisory Committee is filing a lawsuit against the City of Orange regarding the McPherson Project. Norm Phillips, addresson file, expressed concern that the expenditure of $60,000 for a new roof on the concession building at the McPherson Athletic Field was not approved (Item No. 7.5 on the agenda). Carole Walters, (address on file), asked why the City has two planners for Old Towne? When will there be a planner for every square mile in Orange so they can represent the rest of the residents of Orange? 13. PUBLIC HEARINGS 13.1 APPEAL NO. 455, CONDITIONAL USE PERMIT NO. 2262-98, APPELLANT, JERE A. JOBE - APPLICANT, LUTHERAN HIGH SCHOOL (A4000.0 APP-455) Tape 2849 The public hearing to consider Appeal No. 455 by Jere A. Jobe concerning the Planning Commission's approval of Conditional Use Permit No. 2262-98 has been continued from March 9, 1999. This will allow Lutheran High School of Orange County to expand the high school to a maximum number of 49 classrooms increasing enrollment to 950 students maximum, including construction of a new gymnasium, modifications to sports fields, outdoor lighting and expansion of the parking facility from 250-392 spaces upon property located on Santiago Boulevard and the Newport Freeway, north of Meats Avenue, south of Villa Vista Way (address: 2222 N. Santiago Boulevard). NOTE: Mitigated Negative Declaration 1585-99 has been prepared to evaluate the environmental impacts of this project. THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: "1) Violates Subsection "F" of O.M.C. Paragraph 17.10.030: . This neighborhood does not require this school's services. . The CUP creates more special problems for the area. PAGE 14 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) . The CUP will aggravate the negative effects of increased traffic. . The CUP will further erode the area's residential property values. 2) Granting the CUP will violate this City's "Grant to special Privilege" rule. 3) The "Mitigated Negative Declaration" is inappropriate. A full E.I.R. is required due to the potential of ground water & air contamination. 4) The traffic study does not take into consideration the Meats Ave. and "55 Fwy" reconstruction. " Mayor Coontz commented the Council decision at the March 9, 1999 meeting was to continue this issue. The public hearing was closed which means that the only testimony Council will take would be regarding Lutheran High School's ability to take care of the parking problems in the surrounding neighborhood and return to Council for their decision on that issue and all of the other issues that are a part of the application. The Director of Community Development commented that over the last two weeks the parking on the streets surrounding the high school has been monitored. Photographs were provided which demonstrate the high school parking has been removed from the streets surrounding the school and re-located on campus. Ken Ellwein, Executive Director of Orange Lutheran High School, commented they have dealt with all the issues. Parking will no longer occur in the neighborhoods and has not occurred since the meeting of March 9, 1999. Traffic on Santiago Boulevard with the treatments that will be put in place will be better than ever for everyone, not just for Lutheran High School and the immediate neighbors. No variances to existing codes have been requested. Of the approximately 250 people who live within 300 feet of Lutheran High School, the required radius of homes to which neighbors are informed of the plans, only 16 spoke in opposition to their proposal. The emollment cap of 950 is below the original conditional use permit of 1000 students. It is believed that Lutheran High School has done everything and even more than it would be expected to do in this proposal. Given the fact they have dealt positively and forthrightly with all of the issues, it is his firm conviction that allowing Lutheran High School to proceed with its plans to improve the quality of education and potentially add 250 students, does have the potential to serve the good of the community and society as a whole. Councilman Alvarez commented at the March 9, 1999 meeting he had asked that a written plan be put together as to how some of the problems discussed would be mitigated, referring to Condition No. 24. He hoped the school would provide something in writing, specifically addressing the consequences for certain misbehavior. He would like to be able to provide neighbor's some written enforcement of their policy, if a problem does occur. PAGE 15 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) Mr. Ellwein explained the policies regarding the parking will be as stated. Students will no longer be allowed to park in the neighborhood. That policy was put forth following the March 9, 1999 meeting and will continue to be the policy in the future. They will abide by and follow the Planning Commission's conditions of approval. A written policy could be provided. However, their philosophy is that it would be inappropriate and counter productive to have a long list of infractions that a teenager might incur, and have a specific punishment for each infraction. The way they discipline is to establish rules. If a student breaks those rules, they are taken into their disciplinarian to give them the appropriate discipline. It would be very different for a student who has broken the rule for the third or fourth time over against one who has broken the rule for the first time. Mayor Coontz indicated the City Clerk did an excellent job of including everything that was asked and what the answers were at the March 9, 1999 meeting. The issues of the on-campus traffic plan regarding the drop off and pick up points, circulation, and the neighborhood parking prohibition policy, which is included in Condition No. 24 of the list, were addressed accurately at the March 9, 1999 meeting. Lutheran High School has indicated that the policies will begin before the construction is completed. At the request of Mayor Coontz, the Director of Community Development read through Planning Commission Condition Nos. 2, 5, 8, 10-16, and 24. Councilman Alvarez referred to Condition No. 2(e), asking how the City proposes to enforce enrollment be limited to 950 students? Referring to Condition No. 16, he asked ifthe City has an opinion from the Traffic Engineer on whether or not the egress onto Santiago Blvd. will be restricted to right turn only? The Director of Community Development indicated the City would obtain a report from the school on what the school enrollment is at the beginning or closely after each semester. Further, there has been an opinion from the Traffic Engineer on the right turn, however, the improvements need to be in place before a final determination is made. The Public Works Director concurred, adding that the intent is to allow the ability to impose the restriction if the physical improvements do not alleviate the problems that exist at the present time. Councilman Slater commented that two weeks ago he was reluctant to continue the hearing, but agreed to it. In retrospect, he felt there should not have been any hesitation. He knew when the high school said they were going to resolve the traffic situation with the students parking off the campus, that they were going to do it, and in fact, they did do it within 48 hours. They had committed to do it by March 19th. When the faculty speaks, the students do listen, and they do what they are told. Councilman Slater further commented that in the midst of our City is a high school that is really a shining star for the community. This school has come to be known throughout the county and has a high reputation. It has instituted some very unique programs, i.e. the distance learning program. Any student at the school can get 24 units credit toward any college in the country PAGE 16 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) through the high school at no cost. Ninety five percent of the school's students go on to college. There is no testing requirement for admission; it is on a first come first serve basis. The school consistently has national merit scholar finalists. They continue to consistently qualify for CIF finals throughout many of their sports programs. He feels the school has made a huge effort on behalf of the community to try to mitigate this and resolve the situation, and most recently, they mitigated the parking situation in the neighborhood. Staff has indicated there will be some soils testing relative to concerns that were raised concerning subsidence issues. The City should be looking for ways to find out how the high school can be helped to continue to have the success that they have had. The community can be very proud of the high school. He indicated he is very anxious to support the school's desire to expand. Mayor Coontz indicated she would speak primarily to land use issues and commented Lutheran High School has done an excellent job of addressing the concerns of the neighbors. In visiting the campus and understanding the troubles that Lutheran High School went to in order to deal with some of the neighbors questions, she feels they have come to the table with a very good, strong proposal. It was appropriate to give Lutheran High School the opportunity to address the parking issue, which was a great concern to the surrounding neighbors. It was requested that Condition No. 24 be changed so that any of the-campus traffic plan issues can be accomplished before final completion of the project. Councilman Murphy complimented Lutheran High School on their quick response in removing the student vehicles from the neighborhood. It appears that having additional lot space seemed to help the lot circulation issues. Additionally, Lutheran High took the opportunity to improve the circulation on the major thoroughfare (Santiago Blvd.), which they didn't have to do. He is satisfied that the rest of the issues and conditions will solve any negative impact or mitigate any potential negative impacts. Mayor pro tern Spurgeon concurred with his colleagues, and expressed concern with the instability of the soils in the area. He wants to make sure, just for the record, since there is a history in the area of soil that sometimes is unstable, that when some of this excavation starts in moving of earth, especially for the parking lot, he hopes that there is some onsite monitoring of surrounding areas as far as the brick walls, property lines, adjoining residences, etc. He understands that it is not the City's responsibility other than to insure that soils mitigation on any development or renovation is being conducted. He wants some professionals on-site to make sure it does not occur, or if it does, remedies would take place right on the spot. The Director of Public Works indicated a specific condition is not required, as the City's grading ordinance and Chapter 33 of the Uniform Building Code cover these elements. The high school is required to have a soils report. The condition is in place for them to have a grading plan, which requires a soils engineer and the accompanying reports. Depending upon the amount of PAGE 17 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) excavation involved, it would most likely be in the category of engineered grading, which requires compaction reports. It is required there be on-site observation by the soils engineer that is of record and retained by the developer. The City has a contract soils engineering firm, Earth Mechanics, that reviews the plans for adequacy with appropriate technical standards and also performs field reviews to make sure that the soils engineer of record is performing appropriately in terms of their oversight of the job. Mayor Coontz asked the Director of Public Works if his statement could be included with the information of this application? The Director of Public Works responded his statement could be added. In addition to the requirements under Condition No.9, the City has retained a consultant over the last few years because of the conditions in the hillside areas. It was felt necessary to have a higher level of oversight and expertise than could be provided with City staff. The City Attorney indicated it would appropriate to include the statement in Paragraph 9 or as a separate Paragraph 10. Councilman Alvarez expressed concern with trying to help minimize the impact as the high school grows, indicating he would like a promise that the success and growth of the high school will be monitored. He would like to see them achieve a good neighbor relationship with the neighborhood and wished the school success. MOTION - Slater SECOND - Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Mitigated Negative Declaration 1585-99 and find that the project will have no significant effects on the environment. MOTION - Slater SECOND - Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Conditional Use Permit 2262-99 subject to conditions outlined in Resolution No. PC-5-99 adding the verbiage where appropriate: . Condition No.9 - be amended to include Mayor pro tern Spurgeon's comments and concerns with soils stability. . Condition No. 24 - be amended to include Mayor Coontz's suggested language that traffic on-site circulation be amended to include both during the implementation period and in the final analysis of the full build-out of the facility. PAGE 18 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) NOTE: Carole Walters, (address on file), commented the public hearing was not closed. The appellant did not have a chance to speak. The City Attorney responded the matter was only continued to get a report on the interim traffic parking measures. There was a full hearing at the previous Council meeting and the hearing was closed at that time. 13.2 1999-00 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIPS ACT PROGRAM (A2100.0 AGR-2889 AGR-3218) Tape 4334 Time set for a public hearing to consider the 1999-00 Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Programs. The purpose of the public hearing is to approve the 1999-00 CDBG and HOME Programs. The City is proposing to allocate approximately $1,410,000 of 1999-00 CDBG funding to a variety of community development activities. It is also proposed that approximately $474,000 in HOME funding be allocated for housing acquisition, development and rehabilitation activities. The Housing Manager explained the CDBG Committee was able to grant funding to most applicants. Non-profit organizations that are Orange based and primarily benefit low-income residents were given priority. Priority was given to City departments providing public services, such as the bicycle patrol. In response to Mayor Coontz, the Housing Manager explained the Cleanup Assistance Program which has been proposed by the Code Enforcement Division of the Community Development Department. The program will help provide clean-up assistance to residents who are having a hard time keeping up with the units they live in. ADA or "American's with Disabilities Act" improvements would be those that would make facilities handicapped accessible. In response to Councilman Alvarez, the Housing Manager explained Hart Community Homes are homes for children that are wards of the county, similar to children at Olive Crest. The El Modena House is for mentally disabled people. THE FOLLOWING INDIVIDUALS THANKED COUNCIL AND THE CDBG COMMITTEE FOR APPROVING THEIR FUNDING REQUEST: - Cy Bauman, 19357 Sierra Bello, Irvine, representing Christmas in April, commented they have not yet selected the 10-12 homes to be funded in the City of Orange. On behalf of the recipients, he thanked the lower income homeowner residents that they serve and the volunteers that make Christmas in April happen in Orange County. - Rosanna Bertheola, 16842 Von Karman, Suite 425, Irvine, representing CSP - Drug Court Clinic Orange County. - Patty Oslinker-Moore, 209 Calle Alta, Orange, representing Mariposa Women's Center. - Pansy Barton, 9511 Villa Isle Drive, Assistance League of Orange - Lynda Perring, representing Olive Crest PAGE 19 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) March 23, 1999 Stuart Haskin, 2900 E. Miraloma "A", Anaheim, representing Project Get Safe, explained his organization is a non-profit agency that teaches personal safety and self defense. This is the first time they have applied for funding with the City. It was requested that his organization be recommended for funding. Councilmembers encouraged Mr. Haskin to continue his request for funding. 1999-00 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMITTEE FUNDING RECOMMENDATIONS CITY DEPARTMENTS Administration Activities Economic Development Salaries and BenefitslMaintenance & Operations/Contingency Fair Housing Council of Orange County Community Development Revised 2000 Housing Element Administration Total Public Facilities and Imvrovements Community Development Clean-up Assistance Program Community and Library Services ADA Improvements to City Facilities ADA Tot Lot Renovations Public Works (Listed in Priority Order) ADA Ramp Improvements (various locations) Glenside-Fernside Storm Drain Construction Glassell Street Storm Drain Construction (Rose to Lomita) Public Facilities and Improvements Total Public Service Activities Community and Library Services Prospect School/KilleferlEl Camino Park Community Program Police FootbeatlBike Officer Program Public Service Total CITY DEPARTMENT TOTAL FUNDING REQUEST FUNDING RECOMMENDATION $150,000 $150,000 19,740 19,740 20,000 $ 189,740 20,000 $ 189,740 $ 10,000 $ 10,000 31,300 31,300 85,000 85,000 150,000 150,000 465,100 465,100 230,000 230,000 $ 971,400 $ 971,400 $ 35,000 $ 35,000 100,000 $ 135,000 $1,296,140 100,000 $ 135,000 $1,296,140 PAGE 20 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) NON-PROFIT AGENCIES Public Facilities and Improvements Activities Helping Our Mentally III Experience Success, Inc. (H.O.M.E.S.) Riley House Renovation Olive Crest Treatment Centers Chestnut Home Refurbishment (Group Home for Young Children) Orange Children and Parents Together, Inc. Cooking Range for Hewes Site & Outdoor Gazebo for Glassell Site Young Men's Christian Association Handicapped Ramp at YMCA facility YWCA of Central Orange County YWCA First Steps Program (Construction costs for transitional housing) Public Facilities and Improvements Total Public Service Activities Assistance League of Orange Operation School Bell (Purchase of school uniforms.) ATSC of Coastal Orange County Youth Counseling Program (Counseling for at-risk OUSD students.) Camp Fire Boys and Girls, Orange County Council Youth for Arts (instruction in dance, theatre, art, culinary, & music) Casa Teresa Transition Program (Assistance to homeless, unwed mothers to find housing, day care, educational & employment opportunities before leaving Casa Teresa) Christmas in April Serving Orange County 1999-00 Rebuilding Project (Home improvement for disabled & elderly homeowners.) CHOICE Personal Safety Project Get Safe (Safety skills for homeless, at-risk youth, elderly, & sexual assault victims) FUNDING REQUEST $ 5,289 20,000 5,484 3,600 13,000 $ 47,373 $ 7,200 5,000 5,000 10,000 20,000 15,000 March 23, 1999 FUNDING RECOMMENDATION $ 4,280 15,000 4,480 3,600 10,000 $ 37,360 $ 5,000 5,000 -0- 10,000 5,000 -0- PAGE 21 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) Community Service Programs, Inc. CSPIDrug Court Clinic Orange County (Drug rehabilitation program.) Council of Orange County, Society of St. Vincent de Paul Friends Outside Job Opportunities Program (For ex-offenders, gang members, & at-risk youth.) Dayle McIntosh Center for the Disabled Emergency Food and Shelter Services The Friendly Center, Inc. Teens in the Community Mentoring Program Hart Community Homes Give the Children Homes (Lease of group homes for emotionally disturbed youth) On Our Own (Independent living program for soon to be emancipated youth) H.O.M.E.S., Inc. Rent for EI Modena House (Group home for the mentally disabled) Homework House Gateway to the Arts (After school program at the Friendly Center) Interval House Interval House Crisis Shelters (Domestic violence shelter) Lutheran Social Services of Southern California Caring Neighbors Shared Housing (Housing registry) Mariposa Women's Center The Healing Family Program (Individual and family counseling.) Orange County Council on Aging Long Term Care Ombudsman Service Orange County Half-way House dba Orange County Youth & Family Services Orange Police Department Juvenile Diversion Program Second Harvest Food Bank Orange County Harvest/Gleaning Program STOP-GAP Theatre Based Programs for Seniors (Theatre- based therapy program.) March 23, 1999 9,000 9,000 6,000 -0- 5,000 5,000 21,216 -0- 8,000 4,000 3,900 -0- 8,520 8,520 10,000 2,000 10,000 5,000 6,000 -0- 10,000 5,000 6,700 5,230 10,000 3,000 22,000 -0- 4,750 4,750 PAGE 22 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) Veteran's Charities of Orange County South County Assessment & Outreach Services (Serves homeless veterans) Young Men's Christian Association After School Sports YWCA of Central Orange County YWCA First Steps Program (Staff salarieslbenefits for transitional housing program) Public Service Total 20,000 -0- 6,000 -0- 5,000 -0- $ 234,286 $ 76,500 NON-PROFIT AGENCIES TOTAL $ 281,659 $ 113,860 GRAND TOTAL $1,577,799 $1,410,000 CDBG PROGRAM MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the funding recommendations of the CDBG Program Committee for the City of Orange 1999-00 CDBG Program detailed on Attachment 1. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize staff to receive $1,410,000 in 1999-00 CDBG funding from the United States Department of Housing and Urban Development (HUD) for Fiscal Year 1999-00. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize the City Manager to execute the Grant Agreement on behalf of the City. HOME INVESTMENT PARTNERSHIPS ACT PROGRAM MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 23 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) Moved to authorize staff to request and receive $474,000 in 1999-00 HOME Investment Partnerships Act (HOME) funding from the United States Department of Housing and Urban Development (HUD) for Fiscal Year 1999-00. MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize the City Manager to execute the Grant Agreement on behalf ofthe City. 13.3 APPEAL NO. 453A - LARRY JOHNSON APPEAL NO. 453B - JOHN AND SARAH PEARSON CONDITIONAL USE PERMIT 2268-98; MITIGATED NEGATIVE DECLARATION 1589-98; 248 S. BATAVIA STREET (A4000.0 APP-453A; APP-453B) Tape 5420 Time set for a public hearing to consider Appeal No. 453A by Larry Johnson and Appeal No. 453B by John and Sarah Pearson concerning the Planning Commission's approval of Conditional Use Permit 2268-98 to allow outdoor wedding receptions at the "French Inn," 248 South Batavia Street. The Commission approval was contrary to the desires of some neighbors and the added conditions limited the number of guests to the dissatisfaction of the applicant. This appeal is the result of both proponents and opponents being unhappy with the Planning Commission decision. THE APPELLANT (APPEAL NO. 453A) STATES THE FOLLOWING REASONS FOR THE APPEAL: "#8 under "FindingslMitigation" has not been satisfactorily addressed. The applicants made a false statement regarding an agreement for remote parking and shuttle service with Batavia Woods Medical Center. They stated in Attachment 2 that a 'signed agreement' existed with Batavia Woods. I have found in checking with the management of Batavia Woods that no such agreement exists. Questions of alcohol use and regulations and noise level measurement and abatement have not been answered satisfactorily. The activity described is purely commercial and should not exist in a residential area." THE APPELLANT (APPEAL NO. 453B) STATES THE FOLLOWING REASONS FOR THE APPEAL: "We respectfully request these modifications: Condition 10: To read 'All entertainment shall cease by 10:00 p.m., and premises shall be vacated by 10: 15' since the new shuttle service will expedite clearing the premises. PAGE 24 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) Condition 4: To read '...Large events...maximum of 180 guests' There was a widely varying 'comfort level' as to the appropriate guest limit. Our facilities are more than ample for 180, and it was agreed that numbers don't necessarily determine volume level. This still represents a compromise from our initial request, balancing the historic property's income needs while ensuring that our neighborhood remains peaceful and livable." The Director of Community Development reported the property is 26,500 feet, zoned R-2-6 duplex residential, and occupied by a large residence which was approved several years ago as a Bed and Breakfast Operation. The surrounding area is primarily residential. There are apartments to the north and south. The north is zoned R-2-6 as is the property across Batavia on the east side ofthe street; the south is zoned R-3. To the west ofthe site is the play yard for West Orange Elementary School. The applicant requests approval to conduct weddings and receptions as a part of the bed and breakfast business. Originally proposed were weddings of up to 200 guests. Since acquiring the property two years ago, the owners have conducted weddings ranging in size of up to approximately 200 guests, which have been done without City approval. The City received several complaints last year about the events, their frequency, noise, and congestion. The complaints have resulted in this application. As only limited parking is available on the site, the applicant proposes using parking at the medical offices on Batavia and LaVeta, several hundred feet south of the property. A shuttle for guests would be provided. Other issues include the hours the events occur and the frequency of the events. Other issues include sound amplification equipment and vehicles on the property. The Planning Commission at their January 4, 1999 meeting approved the application with the following conditions that illustrate the limitations they thought appropriate. . Limiting large events (51-125 guests) to three per month during the summer months, May through September, and two large events for other months through the year. . No large events would occur on any two consecutive evenings. . The hours of the events would occur between 9 a.m. and 9 p.m. Set up would begin at 8 a.m. and end at 10 p.m. . Sound amplification would be allowed in the front yard area only. . There would be a shared parking agreement required for off-site parking. Mayor Coontz noted letters were received from James and Gayle Creasman and Mrs. Carl Layboume in support of Appeal 453A. A phone call was received from Shirley Hobbs expressing support for Appeal 453A. A packet of information was received from Sarah Pearson. APPEAL No. 453A: APPELLANT: Larry Johnson, owner of property at 236 S. Batavia, speaking on his own behalf and that of his tenants, commented the original conditional use permit is perfectly adequate. There is no need for any additional conditional use permit. Asking to increase the number of PAGE 25 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) people at wedding receptions in order to finance property is not necessary. When you have 125 people at a gathering, charge a fee, and have music and dancing, you're operating a business. A business does not belong in a residential area. It belongs in a hotel ballroom or off somewhere in a commercial area where this type of activity is permitted. It is not reasonable to ask his tenants or anyone else living in the neighborhood to put up with the noise until later in the evening. He indicated his property is very close to the property in question, with bedrooms within a few feet of the property line. Other properties in the area are not really affected, as they are located further away. The Pearson's have a conditional use permit for a bed and breakfast and are able under the existing use permit to have 50 people. Opposition was expressed to any increase in number of guests or any additional conditional use permits. Councilman Spurgeon asked for clarification in Mr. Johnson's appeal relative to an agreement with Batavia Woods Medical Center for shuttle service. Mr. Johnson indicated at the time the original request was made for a conditional use permit there was no written agreement with the manager at Batavia Woods. ApPEAL No. 453B APPELLANT: Sarah Pearson, 248 S. Batavia, commented she concurs with the 23 conditions imposed upon them by the Planning Commission. It is believed the two conditions being appealed will not impact the neighbors materially, indicating she is anxious to accommodate the neighbors in any way she can. The number of guests thought acceptable at the Planning Commission meeting varied widely. Parking will be located off-site. Referring to Condition No. 10, she indicated it is unclear to her what will be done between 9:00 p.m. and 10:00 p.m. if all activities have ceased by 9:00 p.m. It does not take a full hour to vacate the premises. With the shuttle arrangement, the premises can be vacated quickly. The new parking arrangement with Batavia Woods should eliminate the concern of guests standing around talking after the event is over. There was a verbal agreement with Batavia Woods Medical Center at the time of the request for the conditional use permit, as they had difficulty obtaining a written agreement at the time. The written agreement, of which Council was given a copy, provides for parking at the Batavia Woods Medical Center located approximately two blocks from the property. Arrangements have been made for a 21 passenger wheelchair accessible shuttle van. The van will pull to the curb ofthe driveway at French Inn to let the guests out. Councilman Murphy noted the lease agreement with Batavia Woods Medical Center, the parking lot is designated with 87 spaces. If approval were given for 180 or 200 guests, where would the remainder of the cars park? Concern was expressed that 87 spaces would not handle 200 people, which does not include employees, services provided, etc. Ms. Pearson indicated they figured four people to a car, which is based upon church/chapel calculations of individuals per car. If parking needed to be expanded, it would not be an issue with Batavia Woods. The Director of Community Development commented the amount of people calculated per car for a church/chapel calculation may be a little higher than for a wedding type operation. PAGE 26 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) Mayor Coontz expressed concern with vendors parking in the driveway or on the facility. The Director of Community Development responded a condition added there would be no refrigerator trucks or vehicles with generators parked on the site and would be for delivery only. Councilman Alvarez expressed concern that the lease is month-to-month, which calls for only a 30-day notice to be given with no cause. What has been the past experience with the medical center? Is there a contingency plan if Batavia Woods decided not to lease the parking lot? Ms. Pearson indicated as a contingency there was St. Joseph's Hospital across the street. It is not quite as large of a parking lot and there is more activity there on the weekends. The next lot up from Batavia Woods is going to be cleared. Mr. Ricci from Ricci Realty indicated they would be welcome to park cars there, once the lot is cleared. There are a number of alternatives in the neighborhood. SPEAKING IN FAVOR OF APPEAL 453A: Genevieve Blomquist, 299 S. Citrus Carl Laybourne, 236 S. Batavia Street, #G Concerns expressed: Street parking; service vehicles double-parked; traffic; notification of meeting; public safety; noise disturbance; no fire lane on property; privacy concerns; those that signed the petition did not live in the immediate area. SPEAKING IN FAVOR OF ApPEAL 453B: Heather Tietz, 3201 Yorba Linda Blvd. #151, Fullerton Chris Gillette, 2646 N. Rivertrail Road Marcie Williams, 417 E. Palmyra Avenue Joan Crawford, 3945 S. Orange Adrienne J. Gladson, 700 E. Lake Drive, #97 Janice M. Vanderseik, 248 S. Batavia Street Tonia Pyle, 248 S. Batavia Street Reasons for support: Ms. Pearson is a reasonable, successful business person who is concerned for the neighbors and neighborhood; renters of the facility must comply with the conditions and guidelines; it is an asset to the community; affordable place to have wedding/wedding reception; and the conditions of approval lessen the negative impact that potentially could occur. REBUTTAL TO ApPEAL No. 453A: John Pearson, 248 S. Batavia, commented on the misunderstanding about the written agreement with Batavia Woods. The conditional use permit for the French Inn for weddings is another thing the City has done in the spirit of the Mills Act and the promotion of Old Towne to make historic landmark properties more available and sharing them with the public at a more PAGE 27 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) reasonable expense. There is room on the property for 180 people. The noise from the disc jockey and the music system will be controlled in the future. There is a 5 to 6 Y2 foot high wall that separates them from the property to their north, and 10 large trees and bushes that obscure a lot of the view and absorb a lot of the noise. In the last few weeks, 10 more trees have been planted in the area to absorb even more noise and block more of the view. The distance between the properties is within code. There is fire lane access to the back of the property and a 200 foot driveway that runs from Batavia to the rear most building on the property. They want to be good neighbors and work out the problems with the neighbors who are complaining. Sarah Pearson, 248 S. Batavia, explained and referred to various information contained in a packet of information provided to Council and for the public record. This is not a commercial use by definition of the property. It is an adaptive residential use and is acceptable for the area. REBUTTAL TO ApPEAL No. 453A: Larry Johnson commented he has not tried to intimidate or impersonate anybody. He is sticking up for his property rights, as he owns the property at 236 Batavia. There has been an attempt to minimize the problems. Noise is a problem. If there are going to be large parties at the location and they are charging for them, it is a business. It does not belong in a residential neighborhood. It is hoped the request for an additional conditional use permit is denied. The Director of Community Development commented the five conditional use regulations that are allowed as part of a bed and breakfast use include: 1. An owner, manager, proprietor, caretaker of the property must reside on the subject premises at all times. 2. No cooking facilities shall be permitted in any guest rooms. 3. Guest meals shall be served only to persons registered as overnight guests. 4. No guests shall be permitted to rent accommodation or remain in occupancy for a period in excess of 14 days during any consecutive 90 day period. 5. Structures shall be architecturally or historically significant as determined by the Design Review Board in consultation with recognized architectural or historic authorities. There is nothing in the definition that relates to wedding or party kind of activities, which is why there was the requirement for a new conditional use permit. COUNCIL COMMENTS AND CONCERNS: Mayor Coontz commented she assisted in getting the first bed and breakfast in the City of Orange which is the Culver House on Palymra and Orange and also helped the people at Jones Ranch, a Victorian ranch-style home. It is known initially that there are problems with parking, noise, and vendors who service the facilities. PAGE 28 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) Councilman Murphy commented this is reminiscent of the evolution of the Jones Ranch hearings when it started with neighbors being concerned about traffic and noise. The parking issue was not the same. It is believed their events shut down at 9:00 p.m. What has to be dealt with is not the business issue as much as how to fit into the neighborhood. The Planning Commission did a good job coming up with a workable number of 125 guests, which does not include staff, musicians, bartenders, waiters, caterers, etc. He is comfortable with the Planning Commission's recommendation to modify the closure time to 9:30 p.m. with a 9:00 p.m. cease on events, since the applicant has indicated it doesn't take more than 15 minutes from party shut down to staff shut down. The limitation on musicians is not as important as the amplification of the instruments. He is sure care will continue to be used in order to keep the music activities at appropriate levels. Mayor Coontz expressed concern with the vagueness of Condition No. 22 as it relates to amplified music and a volume acceptable to the comfort of the neighbors. A decibel level of 55, which is State law, should be included with Condition No. 22 as an acceptable outside noise level. There needs to be a condition that the driveway be clear of vehicles during the events. The Director of Community Development addressed the concern raised regarding fire safety on the property, noting the application is processed through the Staff Review Committee and reviewed by the Fire Prevention Bureau. The City Manager added the Fire Department would review the property for emergency vehicle access to the rear of the property. Councilman Slater commented he attended an event at the facility prior to the Pearsons owning it. The facility is nice and should be shared with the community. It is unfortunate it sits in a somewhat high density neighborhood with apartments on both sides, which has to be taken into consideration. He expressed support for denying both appeals; agrees with the condition of having the driveway clear of vehicles and a decibel limit; and would be willing to increase the guests to 150 ifit includes staff. All entertainment must end at 9:00 p.m. out of respect for the neighbors; guests linger for 30 minutes; and the premises entirely vacated by 10:00 p.m. He felt the Planning Commission was a little vague on requiring the applicant to provide a shared parking agreement of access to, and use of, a parking facility, and evidence of a contract for shuttle service for large receptions. It was felt that any parking for a money generating activity is an infringement on the neighborhood. He requested a condition that all parking must be provided away from the facility for any "paid events." If those conditions are met, he would be willing to compromise on the number of guests, as long as the music ends by 9:00 p.m. Mayor Coontz indicated the condition should indicate the agreement is a written shared parking agreement. The City Attorney indicated the shared parking agreement does not specify the number of spaces. Does the City Council want to require a minimum number of spaces in the agreement? Councilman Murphy indicated a minimum of 87 spaces should be added as a condition on the shared parking agreement. Councilman Alvarez expressed support for increasing the guest limit to 150 and suggestions made by his colleagues. PAGE 29 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Mitigated Negative Declaration 1589-98. Planning Commission approved Mitigated Negative Declaration 1589-98 adding conditions to fully mitigate impacts of the proposal. MOTION -Murphy SECOND -Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to deny Appeal Nos. 453A and 453B. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Conditional Use Permit 2268-98 with the following modified conditions, referencing those items in the record, which include: . safety issue to maintain a clear driveway access for safety and emergency vehicles . sound designation at the current allowable 55 decibels for music and entertainment and spoken word at events . maintain a written agreement with a minimum of 87 shared parking spaces . the maximum attendees be 150 on site which includes all staff related to the event . change the hours of operation to shut off activities at 9:00 p.m. and clean up activities over and cleared by 9:30 p.m. 13.4 TENTATIVE TRACT MAP 15710; MINOR SITE PLAN REVIEW 57-98; GEORGE KLIMEK (PARADISE) Tape 1633 Time set for a public hearing to consider the proposed subdivision of 6.2 acres into five (5) residential lots, of which three (3) lots would not have direct access to a public street. The site is located approximately 500' south of Santiago Canyon Road and east of Jamestown Way. The Director of Community Development reported the property is zoned in part R-1-40 and in part R-I-15. It is the site of a former tennis facility. All parcels will comply with the zoning regulations for size, dimension and setback. The applicant is proposing to construct a main house which will be approximately 38,000 square feet. The other parcels will have two guest houses, a caretaker house, and a cabin. A lake would be created on the property. Each parcel would be a separate residential structure on separate properties. There will be proper access and utility easements allowing each of them to be viewed as separate properties under the zoning ordinance. The proposal has been reviewed by the Orange Park Acres Planning Committee and PAGE 30 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) was given a positive recommendation. The Planning Commission, at their December 7, 1998 meeting, approved the project with the conditions listed in Planning Commission Resolution No. 96-98. Councilman Murphy expressed concern with the trail issue. Did the Trails Committee have the opportunity to look at this? Some of the trails need to be moved on the basis of the lot subdivisions. Concern was expressed on how the trail connects. It was requested this item be continued for two weeks to allow time for the Trails Committee to review the plans. Mayor Coontz indicated she had received a call regarding this concern. The Director of Community Development indicated he had not heard of the concern until just prior to this meeting. There is a trail easement on the west and north property lines. What was relayed to him before the meeting was that it may not be in the correct location. Rob Williams, Architect with Brion S. Jeannette & Associates, Inc., explained there is access for a trail where the lake is presently going. The trail does not come down at all right now. The trail is at the upper end of the properties and needs to traverse downward. They did not want the trail to go through their property and into the lake, so they created a trail that goes up Jamestown and across. A wall will be set and all the improvements to allow the easement to be set for a trail. There is presently no access from the upper plateau of the properties. They do not own the property to get the access; it is not part of their development to get access. Mayor Coontz asked where does the trail connect? Mr. Williams explained the trail is located across the property where the lake is proposed. There is no access down to the trail and never has been. They sat down with Orange Park Acres (OPA) Association in 1997 over their concern with the trail, and the OPA Association was going to do a study. He indicated this has nothing to do with the proposed project. He referred to a map which depicted the proposed trail. Tom Davidson, 6122 Santiago Canyon Road, indicated he lives directly adjacent to the property. He expressed concern with drainage and his water run-off going directly on to Mr. Klimek's property. The other concern is that it will be a five year project. The Director of Public Works responded in situations where there is cross lot drainage, there is an obligation of the lower property owner to accept water from the higher property owner, as long as the behavior of both owners is reasonable. Assuming the behavior is reasonable, the obligation rests with the lower property owner to accept the water and dispose of it in a safe fashion. Mayor Coontz asked if that is a standard condition? Jim Brennan, 191 South Orange Street, engineer on record for the project, explained that Item No. 23 addresses the wording that the Assistant City Engineer prepared and included as a condition. PAGE 31 ~__. _ _..__.~_.,___~___._ _.___" ___. _._ __ ~___.~_~...~,~_._~___-..__ __~_____.~~__.___._"._._._"._.,_. ______._..~._ .'._._.______.___.,. _~.__._ ,_~__._._.J. CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) SPEAKING IN OPPOSITION: Richard Siebert, 1388 N. Kennymead Street, speaking on behalf of the Orange Park Acres Association, expressed concern with the development and the creation of the trail. Orange Park Acres Association has had several meetings with Brion S. Jeannette & Associates, Inc. regarding their concerns with the trail. To his knowledge, no formal agreement has been reached. The Association is opposed to the financial responsibility being put upon the Association to connect the east/west link oftheir trail system from where it is now, which is open land. SPEAKING IN FAVOR: Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, suggested the item either be continued or it be approved subject to a trail agreement between the Orange Park Acres Association and the developer which is satisfactory to the Orange Park Acres Association. REBUTTAL: Rob Williams noted that Condition No.6 requires that the trail be provided. They would also be willing to meet with the Orange Park Acres Association. They cannot go beyond their property to help improve access. They are not improving the trail; they are dedicating the trail. The trail will be provided with a wall on the outside. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to April 13, 1999 as the first item on the 7:00 p.m. session to give the opportunity for the Orange Park Acres Association Trails Committee to review and find something mutually satisfactory in terms of the trail issues having to do with the property. 13.5 TAX-EXEMPT FINANCING BY CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY ON BEHALF OF REDWOOD TOWN COURT; 1525 E. TAFT AVENUE; KIRKWOOD AT ORANGE (S3500.A.8.1) Tape 2612 Time set for a public hearing to consider approval of tax-exempt financing by the California Statewide Communities Development Authority, on behalf of Redwood Town Court, a subsidiary of Southern California Presbyterian Homes, in an amount not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) for the purpose of financing the acquisition, PAGE 32 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) construction and equipping of an assisted living facility to be known as Kirkwood at Orange, located at 1525 East Taft Avenue, Orange. The Finance Director reported the facility will have 48 units, explaining that the City's role in the financing is strictly to provide a public hearing for any citizen input on the financing. The City is not issuing the bonds, nor does the City have any financial obligation for the bonds. MAYOR COONTZ OPENED THE PUBLIC HEARING. SPEAKING IN FAVOR: Bob Mickelson, P. O. Box 932, Orange, speaking on behalf of Southern California Presbyterian Homes, reported the building permit has been obtained. They are prepared to start construction in one to two weeks. Ground breaking ceremonies will be in 30-45 days. The project will take approximately fourteen months to complete. Councilman Alvarez requested the trash enclosures be as close to Taft Avenue as possible. SPEAKING IN OPPOSITION: Tom Mason, 1723 N. Lincoln Street, commented everyone on Taft and Lincoln would be grateful if the project were rejected. Carole Walters, (address on file), asked how they can know if this financing is for the same project approved two years ago? It is unfair to impact the neighborhoods. Mayor Coontz responded the project was approved a few years ago. The City only facilitates the financing. Barbara DeNiro, (address on file), commented on the financing of the project and provided a copy of questions regarding the financing. Vera Mater, (address on file), commented she understands the financial aspects of the project. She asked for assurance that everything will be the same as what was approved. REBUTTAL: Bob Mickelson indicated the project will be built exactly as approved, except for the request to try to do something about the trash area, ifit is necessary. The property has been purchased and is currently owned by Southern California Presbyterian Homes. It will be transferred to the new corporation. No street address has been assigned by the City. Mayor Coontz suggested Mr. Mickelson respond back to other questions raised by Ms. DeNiro. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. PAGE 33 CITY COUNCIL MINUTES March 23, 1999 13. PUBLIC HEARINGS (Continued) RESOLUTION NO. 9085 A Resolution of the City Council of the City of Orange approving an installment purchase financing in an amount not to exceed $7,500,000 to be undertaken by the California Statewide Communities Development Authority in order to finance the acquisition, construction and equipping of an assisted living facility by Redwood Town Court. MOTION - Slater SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9085. 14. PLANNING AND ENVIRONMENT - None The City Council recessed to Closed Session at 10:25 p.m. to consider Closed Session Item Nos. 11 a, 11 d, and 11 e and reconvened from Closed Session at 11 :45 p.m. 15. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 11 :45 p.m. to a Joint Study Session with the Planning Commission on April 6, 1999 at 5:00 p.m. in the Weimer Room to discuss Capital Improvement Projects. ~~W~A/C CASSANDRA J. THCART, CMC CITY CLERK JOANNE COONTZ MAYOR PAGE 34