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03-09-1999 Council Minutes APPROVED BY THE CITY COUNCIL ON APRIL 13, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING March 9,1999 The City Council of the City of Orange, California convened on March 9, 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 Cliff Self, Courageous Living Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Colors presented by various Girl Scout Troops who led in the Pledge of Allegiance. 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Tape 127 A proclamation was presented to Norma Hockensmith, Orange Community Relations Chairman for The Girl Scouts, in honor of "Girl Scout Week," March 6-13, 1999. Certificates were presented to the Girl Scouts. The Community and Library Services Director recognized event sponsors for the Orange Main Public Library's dedication held on February 6, 1999. Employees serving as members of the Committee that raised approximately $6,000 for the dedication were also recognized. Mayor Coontz acknowledged members of the Library Board of Trustees and Friends of the Library. Recognition was given to Rick Otto of the City Manager's Office and Cathy Boynton of Finance Department for the City receiving the Government Finance Officer's Association Distinguished Budget Presentation Award. Mayor Coontz announced Chapman University's Business and Economic School, the smallest business school offering undergraduate and graduate degrees, was accredited on March 8th by the International Association for Management Education for meeting international standards in the areas of curriculum and quality of students and faculty. The Police Chief reported on the recent arrest of four individuals near Cannon and Chapman Avenue who had been involved in a series of vicious malicious mischief cases which extended from South County to Anaheim. Officer Stan Taylor and Sargent Pat Thayer were commended for their quick response and apprehension of the vandals. PAGE 1 CITY COUNCIL MINUTES March 9, 1999 1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS (Continued) Councilman Alvarez reported on his participation in The First Annual Margaret's Run Around the Block for Cancer, a UCI Medical Center and The Block sponsored event, in which 1,000 individuals participated and $20,000 was raised for cancer. 2. PUBLIC COMMENTS Tape 839 Carole Walters, (address on file), commented she will speak with the Director of CommunitylLibrary Services regarding her concerns with the Unknown Artist at P.J. Mead's; and spoke regarding a letter on February 25th being inspected by the postmaster, expressing concern that people should be able to say what they want without somebody coming after them. Barbara DeNiro, (address on file), commented that one individual arrested for the recent vandalism in Orange was released on bail; expressed concern with the acceptance of gifts; and commented on pornographic material and death threats she has received through the postal service, as a result of expressing her concerns and opinions at Council meetings. She heard today that someone requested an illegal change of address, moved and left no forwarding address, for Carole Walters and Orange Political Committee, that appears to be generated internally at the Post Office. It is hoped a thorough investigation of the incidences will be taken seriously and be forthcoming. Norm Phillips, 348 Redwood, commented on the material recycling facility and payments made to payoff the loan. (C3500.0) Mayor Coontz responded Mr. Phillip's letter was referred to the Public Works Department and the answer was given. The City Manager and City Attorney were asked to look into this, review the question and the letter. 3. CONSENT CALENDAR Tape 1140 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of March 9, 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 February 18 and 25,1999. ACTION: Approved. PAGE 2 CITY COUNCIL MINUTES March 9, 1999 3. CONSENT CALENDAR (Continued) 3.3 Request approval of City Council Minutes, Regular Meeting, February 23,1999. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.5 Cooperative Agreement Nos. 12-355 and 12-356 between the City of Orange and California Department of Transportation (Caltrans) regarding the SR-55 Freeway Widening Project. (A2100.0 AGR-3209; AGR-3210) SUMMARY: Agreement No. 12-355 commits the payment of actual costs up to $43,200 to the City by Caltrans for Police enforcement services provided by the Orange Police Department in conjunction with the SR-55 Freeway widening. Agreement No. 12-356 reimburses the City 100% of the actual cost of the local streets modifications (estimated at $140,000) needed to accommodate traffic detouring activities associated with SR-55 Freeway widening project. ACTION: Authorized the Mayor and City Clerk to execute Caltrans Agreement Nos. 12- 355 and 12-356 on behalfofthe City of Orange. FISCAL IMPACT: The agreements will provide the City with $183,200 for City services needed to support the SR-55 Fwy. widening project. APPROPRIATION 3.6 Request appropriation of Asset Forfeiture funds for upcoming advanced officer training. (C2500.K) SUMMARY: California Peace Officer's Standards and Training (P.O.S.T.) requires police officers complete 24 hours of advanced officer training every 24 months. The City of Orange Police Department has identified instructors to provide this training. Using these instructors, recognized experts in their field, will greatly enhance the effectiveness of this years training. ACTION: Appropriated $5,475 to Account No. 355-4011-429400 (Federal Asset Forfeiture - Administration -Local Training). FISCAL IMPACT: None. Sufficient funds are available from Federal Asset Forfeiture. PAGE 3 CITY COUNCIL MINUTES March 9, 1999 3. CONSENT CALENDAR (Continued) BIDS 3.7 Rejection of bids and readvertising - Bid No. 989-16; Project SP-3072; Assessment District No. 86-1 planting and irrigation work, Santiago Hills, Jamboree Road Street Scene and Pas eo. (Tll 00.0.1 ASD-86-1) SUMMARY: The bid opening was held on February 3, 1999. Two (2) formal bids were received for this project. The low bid was $233,223.00; the second low bid was $535,310.00. The price spread between the two bidders is more than 100%. ACTION: Rejected the two (2) bids received for construction of the project; and authorized readvertising bids for SP-3072; Assessment District No. 86-1, Santiago Hills, Jamboree Road Street Scene and Paseo. FISCAL IMP ACT: Funds are budgeted and available in the following accounts: 550-5011-485100-3024 $ 25,000.00 (MWDOC Share) 590-5013-485100-3024 $135,000.00 (AD 86-1 Assessment District) TOTAL $160,000.00 3.8 Approve plans and specifications for Project No. SP-3255; 1998-99 CDBG Street Reconstruction Project. (S4000.S.7) SUMMARY: Plans and specifications have been completed for the street reconstruction of Windgap Drive from Compton Avenue to 350 feet south, and Oak Street from Palm Avenue to Walnut Avenue. The estimated construction cost is $203,000. ACTION: Approved plans and specifications and authorized advertising for bid for the 1998-99 CDBG Street Reconstruction Project. FISCAL IMP ACT: Funds are budgeted in the available in the following accounts: 310-9645-483300-3025 $ 34,825 310-9645-483300-3025 $203,000 Capital Improvement Program and (Community Block Grant) (Community Block Grant) CLAIMS 3.9 CLAIMS FOR DAMAGES (S3200.0) a. Nellie Matoy b. Martha Muench c. Richard Schwecke d. Steven Brody e. Linda Haroun PAGE 4 CITY COUNCIL MINUTES March 9, 1999 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: None. ACTION: Denied claims for damages and referred to City Attorney and Adjuster. CONTRACTS (REMOVED AND HEARD SEPARATELY) 3.10 Arterial Highway Rehabilitation Program - Approval of Contract Change Order No.1 with UMA Engineering, Inc. for Glassell Street pavement rehabilitation from Maple Avenue to Walnut Avenue. (A2100.0 AGR-3014) SUMMARY: The City Council authorized a consultant contract agreement with UMA Engineering Inc., to prepare application, plans and specifications for Glassell Street from Maple Avenue to Walnut Avenue as part of the Arterial Highway Rehabilitation Program. This contract change order is needed, based on the geotechnical consultant recommendations. This new scope of work will increase the contract cost from $21,525 to $46,094. FISCAL IMPACT: Funds are budgeted and available In the following account: Account No. 262-5021-483300-3112 (Arterial Maintenance) $200,000 Councilman Slater commented that approximately 20 years ago the City widened the street near two properties on Glassell Street located just south of the gas station at the southwest corner of Glassell Street and Walnut Avenue. There is no longer a parkway, only a 6-8 foot wide sidewalk. He requested a proposal be brought back in conformance with the look of the rest of the street which would bring the curb back out near the two properties and restore the parkway median strip. The Director of Public Works commented research needs to be done relative to funding, costs involved, and other impacts, i.e. traffic, parking, etc. MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Contract Change Order No. 1 in an amount not to exceed $24,569 to UMA Engineering Inc. for additional Professional Engineering Services for completing the project. Staff to return next month with possible suggestions for changes, if any, that can be made near the two properties on Glassell Street, just south of the gas station on the southwest corner of Walnut Avenue and Glassell Street. PAGE 5 CITY COUNCIL MINUTES March 9, 1999 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.11 RESOLUTION NO. 9079 (C2500.M.8) A Resolution of the City Council of the City of Orange rejecting all bids received for Bid No. 989-15, and authorizing the construction project be performed by City forces. ACTION: Approved. (REMOVED AND HEARD SEPARATELY) 3.12 RESOLUTION NO. 9082 (S4000.S.4) A Resolution of the City Council of the City of Orange authorizing the temporary closure of Sycamore Avenue from Glassell Street easterly to Orange Street, and removing on- street parking from the east side of Glassell Street from Palm Avenue to Sycamore Avenue and the north side of Palm Avenue from Glassell Street to Center Street, for filming ofa major studio movie in March 1999. The Director of Public Works explained a request was received from Universal Studios to extend the temporary parking restriction on the north side of Palm Avenue from Grand to Center Street. The Director of Economic Development indicated fliers were distributed in the neighborhood yesterday announcing the street closure and the filming of Rocky and Bullwinkle. Mayor Coontz noted a letter was received from the National Arbor Day Society congratulating the City of Orange on a filming they did about their organization which features Orange and its historic trees. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved Resolution No. 9082 as amended. TRACT MAP 3.13 Recordation of Final Tract Map No. 15546. (T4000.0 TRT-15546) SUMMARY: Greystone Homes Inc. is requesting that the City Council approve the recordation of Final Tract Map No. 15546. On March 10, 1998, the City Council approved the Tentative Tract Map No. 15546. The Final Tract Map has been signed and conforms to the approved Tentative Tract Map. All fees have been paid and bonds posted to guarantee improvements. PAGE 6 CITY COUNCIL MINUTES March 9, 1999 3. CONSENT CALENDAR (Continued) Location: South side of Taft between the SR 55 and Morningside Street ACTION: Approved. FISCAL IMPACT: None. 3.14 Recordation of Final Tract Map No. 15709. (T4000.0 TRT-15709) SUMMARY: Sun Cal Companies is requesting that Council approve the recordation of Tract Map No. 15709. 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. Location: End of Serrano Avenue and east of Orange Park Boulevard. ACTION: Approved. FISCAL IMPACT: None. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 3.10 and 3.12 were removed and heard separately. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR COONTZ Tape 1398 4.1 Recovery of bankruptcy funds. Mayor Coontz gave the following report: "We are expected to recover all of our bankruptcy losses, that means the Orange County bankruptcy of 1994. In terms of the work that went on, it really hasn't taken us too long to get that money back. Actually, we have received more in return than we lost, which is really marvelous. At the beginning of this, it was just shortly after I was sworn in as Mayor, three days later, I had to go to 50 some meetings which aggravated me tremendously, and indicated, I remember the press quoted what I had to say in one of my times of anger that 'we will get the money back'. With the support of the Council and the City Manager and the great help of the City Attorney and his department for going after the monies that has come in from a number of different sources, of course, negotiation and law suits. This Orange County bankruptcy was the largest of this kind in U.S. History. It resulted in a loss of over $1.6 billion to city school districts and other public agencies. It is kind of easy to forget, PAGE 7 CITY COUNCIL MINUTES March 9, 1999 4. REPORTS FROM MAYOR COONTZ (Continued) because we are moving forward. The economy is picking up. But, we assured our citizens that every effort would be made to recover the losses. As a result of the County's litigation and our City lawsuits, Orange not only completely reclaims its losses, but we also hope to recover some of the lost interest. I think because we have gone above the amount that we lost, we are already on our way to that." The City Attorney commented the City lost approximately $5.6 million in the bankruptcy and has recovered the entire principal, contingent upon the settlement agreements reached by the County to be paid. Approximately $200,000 has been recovered in lost interest. There are still significant defendants that the County is litigating against. It is hoped there will be additional recoveries to recoup some of the additional lost interest. Mayor Coontz stressed the importance of Council action being taken to prioritize the way monies are spent. The City Manager commented in the budget process capital improvement projects are identified. Any other capital improvement projects or special projects that Council may wish to consider could be prioritized. Through a process of review next year, at mid-year, Council would review their priorities based upon monies received. Councilman Slater asked how much was expended to recover the monies? The City Attorney responded $5.6 million is net the attorney's fees. In one of the lawsuits the recovery was $1.3 million - the City's net will be a little over $1 million. In the recently settled Treasurer's Performance Bond lawsuit, the settlement was $1.35 million - the City's recovery was $980,000. There is approximately $2 million in net recovery from the City's lawsuits. A net of $3.8 million is anticipated from the County's lawsuits, with the hope of more. Carole Walters, (address on file), asked if the City has received the money yet? Can the residents get a copy of where the monies will be placed? A copy of a list was requested. The City Attorney responded the settlement agreements have been entered into by all the defendants. The court has approved the agreements. The City is hoping for distribution this summer. The City has received $980,000 for one lawsuit. Mayor Coontz commented a Monthly Treasurers Report is submitted at the second Council meeting of each month, which contains the information she is requesting. 4.2 Appoint Frank Petronella to fill the vacancy on the City Traffic Commission (term to expire 3/21/2000). (OR1800.0.19) Tape 1638 Mayor Coontz reported Mr. Petronella has experience with traffic issues; is a retired lieutenant from Orange County Sheriffs office; and has Police Science and Criminal Justice degrees. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 8 CITY COUNCIL MINUTES March 9, 1999 4. REPORTS FROM MAYOR COONTZ (Continued) Move to approve the appointment of Frank Petronella and appreciation letters be sent to applicants. OFF-AGENDA ITEMS Tape 1700 Mayor Coontz reported that on Saturday, March 6th, Council participated in the opening events at the McPherson Athletic Facility and at Handy Park. The joint effort between the City and Orange Unified School District (ODSD) proves that the City, OUSD, and the community can work together for the best interest of the children with quality recreational facilities. The McPherson Athletic Facility includes a state-of-the-art athletic facility at the McPherson Magnet School, baseball/soccer complexes for South Sunrise Little League and the Orange Junior Soccer Club. At Handy Park, Haas Enderby was recognized with a plaque that will be placed on their concession building. ******** Mayor Coontz commented she noticed that Councilman Alvarez had asked for a report on the group care homes throughout the City and she has been working on this issue before November of last year, starting out in her adjoining neighborhood. Mayor Coontz indicated she would like to address the community care facilities very briefly. "At the State level, the City needs to promote policies and programs to ensure that the facilities providing community care are operated in a manner to preserve the health, safety, and quality of life to the residents of the neighborhood in the community. My interest in this came about because of the knowledge I had of a number of problems that were occurring close by in the area south of Meats, north of Taft, east of Cambridge, and all the way to Tustin Avenue. So we had some meetings in the cul-de-sac. Number 2 is to be able to keep track of the distance or distribution of the community care facilities. This is something new that we have been thinking about through a mapping of the programs. We need to create a map that can be shared by the Fire, Police, and Community Development Departments for information and control purposes. The community care facilities are in the purview of the State of California. That is their legislation, and the Fire Department has the responsibility to check on these facilities. We know that sometimes they don't know where they are. The next point is, to pursue State law, something we need to do, regarding proposed changes to the distance requirements of the State which are now at 300 feet between facilities. And the mapping would give us the opportunity to see if somebody is violating that 300 feet. As I had mentioned before, Assemblyman Campbell has received legislation and it is going through the process now. It is just initial. He is not addressing this issue at this time, but eventually, I think that we need to be sure that these facilities that are run by any number, or have something to do with about six different state agencies. The ones that we are most familiar with are agencies like Olive Crest who work with children and we have confidence in. But there are others that we really don't know that much PAGE 9 CITY COUNCIL MINUTES March 9, 1999 4. REPORTS FROM MAYOR COONTZ (Continued) about. So the 300 feet, if there is heavy concentration like there is between Meats and Taft and Cambridge and Tustin, is questionable. The next one, and I just put this together this afternoon, because I have been thinking a great deal about it, in talking to Assemblyman Campbell's office and other cities. We need regulations which would require any new facility to meet with the neighbors to address any of their concerns and to present the type of care home they will be operating. What we found is if they are a legal entity, they can come into the community. The requirement is they can come into any residential area with six people that they would care for. They need to go into the neighborhood and explain to the neighborhood what this care facility entails. And I think that is very important and that has not been the experience in Orange, Mission Viejo, or Garden Grove, and the cities of Orange County, where apparently there are funds available to buy top dollars for homes. And so we are concerned about that. We know that these facilities are necessary. We have a number of people who have called me who say that they have relatives who have a physical problem, a limited physical problem, and this is very helpful to them. So, that is not what we are doing. We are just concerned about the aberrations of people who come in and really don't care about where they are. That would be the providers and the operators. Since the end of the year, last year, I have been meeting with the residents, the Police and Fire Departments, and the City Attorney and Assemblyman Campbell for solutions. The City Clerk has been kind enough to be contacting other cities with the same concerns to see how they are addressing the same issues. And none of them are coming forward with anything that we can really use ourselves at this point. So, we will pursue that. Over a period of time the Fire Department, and they were initially, of course, doing the inspections. Councilman Alvarez interjected and asked that he give his report on group care homes, Item No. 5.1 on the agenda. Mayor Coontz was proceeding to distribute a report from the Fire Chief. Councilman Alvarez clarified for the record that at the last Council meeting he had requested the report from the Fire Chief and that it be given to the Councilmembers prior to the Council meeting. The Mayor withheld it from the Councilmembers, indicating he was told this by the Council's Secretary. Mayor Coontz indicated she received the report today and did not withhold it from the Council. Mayor Coontz explained she has been working on this issue for the benefit of the community and that is her goal. This has to be done very carefully, being sensitive to the residents and the care organizations operating the way they should, and alerted to those coming into the community that have not been through the process. This is a long range program which will involve activity with the legislators. She asked Councilman Alvarez what his goal is? Councilman Alvarez asked that his item be continued so that all Councilmembers have the opportunity to review it. Mayor Coontz commented one of the problems is it has been historical in the City of Orange if somebody is working on a project they should be honored with that, indicating she has been working on this issue and has spoken to the subject. Councilman Murphy requested in the future that Reports from Councilmembers be provided in the packet or by Thursday or Friday prior to PAGE 10 CITY COUNCIL MINUTES March 9, 1999 4. REPORTS FROM MAYOR COONTZ (Continued) the meeting. Mayor Coontz apologized to Councilman Alvarez for his not realizing that she has been talking about this issue for quite a while at Council meetings and that he did not understand that she was working on the issue. 5. REPORTS FROM COUNCILMEMBERS Tape 2232 5.1 Councilman Alvarez - Report on the group care homes throughout the City. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to March 23, 1999. 5.2 Councilman Alvarez - Request Community Services staff develop a report for the March 23rd Council meeting on the following mitigating issues raised by the McPherson neighborhood: snack bar roof, lighting and glare issue, installation of additional trees and reimbursement of neighbors legal fees. (C2500.M.4.19) Tape 2348 Councilman Alvarez reported the homeowners affected by the McPherson sports park have been talking with the City Attorney in an attempt to mitigate some of the problems impacting the McPherson neighborhood. He has sat through all neighborhood meetings and the neighbors meetings with the City Attorney in hopes to avoid the neighborhood suing the City and arrive at a consensus. Consensus was reached that the snack bar roof could be painted to mitigate the problem. The lighting and glare issue has been looked at by the neighborhood's consultant as well as the City's. The installation of additional trees to screen the snack bar would also benefit the neighborhood. The neighbors have requested reimbursement of legal fees. If the issues are approved, a change order would needed be generated to expend public funds. The purpose for this item on the agenda is for discussion only and to ask staff, in conjunction with the City Attorney, to develop recommendations to be followed to vote on at the next Council meeting. The City Attorney commented the memo he provided to Council addresses the legal issue of payment of attorney fees, which he has discussed with Council before. The City's obligation to pay attorney's fees arises only if there is a successful CEQA challenge, the plaintiffs have forwarded a significant public interest, and there has been a significant public benefit. His recommendation is not to pay any legal or consultant fees as the City has not violated any CEQA laws. The interests that have been pressed forward by the McPherson homeowner's has been private interest as opposed to public interest. Several contingents were addressed supporting the request for legal fees. One contingent was the location of the snack bar was moved since approval of the project, which is false. The snack bar was approximately 85 feet away from the property line and was moved at the request of some of the McPherson's homeowners to its present site because they wanted the batting cages further PAGE 11 CITY COUNCIL MINUTES March 9, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) away from the residences and also wanted additional parking. Another contingent was the project will produce significant light and glare impacts. That issue has been resolved. A lighting test was done recently and there seemed to be an agreement that the McPherson consultant would also be there during the lighting test. He understands the consultant failed to show up. The main contention has been they had to hire an attorney to get the City to conduct an appropriate environmental review. That is false. The City had contacted and retained Urban Vision prior to the City's knowledge that they had retained an attorney. Urban Vision was retained in late July. The first time City staff spoke with legal counsel for McPherson was at a meeting on September 3rd. Also, prior to that time, the City Attorney's office had already spoken with Community Services and made them aware they needed to conduct an environmental review. A contingent was that by preparing plans for the site before conducting the environmental review, the City had somehow violated CEQA. The very essence of CEQA is to have a project description. An environmental assessment cannot be conducted without a project description. It is necessary to have a conceptual plan in order to conduct an appropriate environmental review. The last contingent was that the homeowner's had to hire an attorney because the City refused to do anything to address their concerns. Twenty different demands were made upon the City by the homeowners. Ofthe twenty, sixteen of the demands the City agreed to in whole or in part, with a cost to the City of over $200,000. Based upon this, he sees no legal basis for the City to pay legal fees or consultant costs. Mayor Coontz asked if this issue should be discussed in Closed Session and not publicly? The City Attorney responded normally that would be the case. A majority of Council expressed to him individually during the week that they would like a public report on this issue. He does not see a significant downside to the City from a legal standpoint of addressing this in public. Carole Walters, (address on file), commented she feels the City should pay the legal fees because the community didn't know what was going on. Mark Burkhardt, Chairman of McPherson Advisory Committee, 3447 E. Ruth Place, commented some of the information the City Attorney brought up to them is incorrect. The City broke ground on the project in June. The Mitigated Negative Declaration report was done in September. How can you break ground on a City project that is required by CEQA that is dated September 27, 19977 An attorney had to be brought into this to mitigate the issues with the City, because the City didn't follow the requirement. Cynthia Coad, 4th District Supervisor, has been contacted regarding this issue also, and has acknowledged that the City got ahead of itself. An attorney was hired to ask the City to do the basic requirements, notify the residents within 300 feet of the school. This was not done. Representatives from Orange Junior Club Soccer and Southside Little League support the homeowners, indicating they were having meetings in reference to this a year and a half in advance. There is a clear indication the City had a duly obligation to participate in their representation of the residents around the McPherson area. It was noted that 358 residents signed a petition in reference to this issue. PAGE 12 CITY COUNCIL MINUTES March 9, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) Nancy Beshears, 3425 Ruth Place, commented the residents in the neighborhood were perturbed they did not have prior notice that the school development was happening, but agree that it needed to be done. Her property backs up to the roof of the snack bar, which is a glaring eyesore. She does not understand why it has the particular type of roof it does. Her property value will definitely be affected by this. Ms. Beshears asked the "blue crown" roof be removed and a flat roof put on it. The lights also will be shining into the back of her house. The Director of Community Services reported the process began and was taken to the community in March, 1997. At a May Council meeting the City Council held the project until a Mitigated Negative Declaration could be completed. Constant discussions went on with the homeowner's committee until October, 1997, when Council approved the project. The City records show the Mitigated Negative Declaration report was finalized and submitted in September, 1997. Ground was not broken until June, 1998. The City did as much due diligence as could possibly be done in terms of communicating the project to the community. The City has ensured and will continue to ensure that there will be wholesome recreational sports played at the site as long as there is residential privacy. The City schedules and controls the site. The timers for the lighting are set to go off at 10:00 p.m. Two tests were run on the lights in the common cemented area. The last test was run last Tuesday. He did not believe the consultant for McPherson was there for the testing. The City's concern was that there would be no illumination that would reach the backyard of homeowners. There is a difference of opinion on this subject. Security lighting only is being used. The City Attorney thinks the lighting issues will be resolved. Mr. Burkhardt has indicated their lighting consultant was there for the testing. The remaining issues are the snack bar roof and payment of fees. A demand was received from McPherson's attorney yesterday indicating they will settle for no less than removal of the pitched roof and pay about $16,000 in attorney fees. Since that is the demand on the table, it would be prudent for the City Council to discuss this in Closed Session. If their demands are not met, the threat is they will sue the City. Councilman Alvarez asked if the elevation of the snack bar was provided to the City Council when the project was approved? The Director of CommunitylLibrary Services responded he believed they did not know exactly what the roof pitch would be. The elevation is approximately 22 feet. Concession stands throughout the City are of various designs. None of them are flat roofed. This roof type was the result of privacy concerns expressed by residents. Councilman Murphy asked what the height and setback would be for a building in a residential area? The Director of Community Development explained in an R-l zone the zoning code allows a 32 foot tall 2-story structure within 20 feet of a rear property line. Mayor Coontz asked the City Attorney if the issue of payment of fees was addressed earlier? The City Attorney responded the City Council denied a request made over a year ago to pay attorney fees. The attorney fees and consultant costs have grown since that time. PAGE 13 CITY COUNCIL MINUTES March 9, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) Councilman Slater asked if there is any regulation on the roof color? The Director of Community Development responded there is no regulation that would prohibit it, nor authority to do anything about it. MOTION - Alvarez SECOND - Murphy AYES - Murphy, Spurgeon Alvarez NOES - Slater, Mayor Coontz Moved to direct the Director of Community Services and City Attorney to develop a report with a cost estimate on the painting of the snack bar roof. MOTION - Alvarez SECOND - Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the installation of additional trees that would be located around the snack bar. MOTION - Alvarez SECOND - Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to mitigate the light and glare issue with a cost of what the hooding and screening would be for lights that would be identified. Councilman Alvarez made a motion to address the legal fees of the homeowner's. Motion failed for lack of a second. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER Tape 3591 8.1 Centerline (Urban Rail) Corporate Outreach. (T2200.1.4.D) The City Manager reported a study is proposed for the urban rail system to look at Main Street, La Veta Avenue, and The City Drive to State College Boulevard. An alternative to be studied would be north on Main Street to Chapman Avenue and west on Chapman Avenue. Assistant to the City Manager reported the urban rail project has been renamed Centerline by the Orange County Transportation Authority (OCT A. The urban rail project was approved for study by the OCTA Board of Directors in January, 1999. Included in the study is a range PAGE 14 CITY COUNCIL MINUTES March 9, 1999 8. REPORTS FROM CITY MANAGER (Continued) of alignments. Three of the proposed alignments go through the City of Orange. What has been proposed at the request of the Mayor at the February 9th Council meeting was that a group of businesses be put together so that staff could meet with them, receive their input, and update them on the project while OCTA studies the project on a regional level. Approximately 20 of the larger employers along the proposed alignment have been identified. They represent about 15,000 employees and a number of customers who come to and go from their establishments. A meeting will be set in early April to bring them up to date on the progress of the project and to receive their input, both positive and negative, regarding the proposed alignment. It is hoped they will be interested in meeting on a regular basis to continue to give them updates and provide feedback to both the City and OCT A. The City Manager confirmed that business establishments will be told of Council's preferences for Centerline for their feedback. Initially the outreach is being made to the employer's who would provide a larger amount of ridership. As it advances, the outreach and public information will go to the rest of the business and residential community. Councilman Slater expressed an interest in attending the meetings. If other Council members are interested in attending as well, Councilmember attendance may have to be rotated. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 9. LEGAL AFFAIRS Tape 3724 9.1 ORDINANCE NO. 9-99 (A2500.0 Bed & Breakfast Inns) An Ordinance ofthe City Council of the City of Orange amending Sections 17.14.060, 17.18.030 and 17.18.070 of the Orange Municipal Code Relating to Bed and Breakfast Inns in certain commercial zoning districts. MOTION - Murphy SECOND - Spurgeon AYES -Murphy, Mayor Coontz, Spurgeon NOES -Alvarez ABSTAIN-Slater Moved that Ordinance No. 9-99 be read by title only and same was approved and adopted by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 15 CITY COUNCIL MINUTES March 9, 1999 11. RECESS TO CLOSED SESSION The City Attorney noted Closed Session Item Nos. 11c, lId, and 1lf (if time allows) will be discussed at this time. The remainder of the items will be heard at the end of the 7:00 p.m. session. The City Council recessed to Closed Session at 6:32 p.m. for the following purposes: a. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (three potential cases). Contract with ORRS. McPherson Athletic Facility. 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: Maintenance & Operations, Orange Management Association, Orange Municipal Employees' Association, Top Management and Water Department Employees' Association. d. Public Employee Appointment pursuant to Government Code Section 54957. Title: Police Chief - Recruitment Status. e. Public Employee Performance Evaluation pursuant to Government Code Section 54957. Title: City Manager f. 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. g. 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. URGENT CLOSED SESSION ITEM Orange Park Acres vs. Salem Lutheran Church MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to find that the matter arose subsequent to the agenda being posted and that there is a need to take immediate action. The City Council voted unanimously to authorize the City to appeal the order of Judge Woolley granting petitioner's request to vacate his prior order dismissing the action in Citizens of Orange Park Acres Coalition v. City of Orange, et al.. (C2500.B) PAGE 16 CITY COUNCIL MINUTES March 9, 1999 7:00 P.M. SESSION 12. PUBLIC COMMENTS Tape 3902 Carole Walters, (address on file), commented on the right to place items on the agenda. 13. PUBLIC HEARINGS Tape 3948 13.1 APPEAL NO. 455, CONDITIONAL USE PERMIT NO. 2262-98, APPELLANT, JERE A. JOBE - APPLICANT, LUTHERAN HIGH SCHOOL: Time set for a public hearing to consider Appeal No. 455 by Jere A. Jobe concerning the Planning Commission's approval of Conditional Use Permit No. 2262-98 allowing 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 ofthis 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. . 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 Fry" reconstruction." The Director of Community Development reported the property is a 12.88 acre parcel, zoned R- 1-8 Single-Family Residential 8,000 square foot minimum lot size, shown on the City's General Plan as low-density residential. Lutheran High School is a private high school serving grades 9- 12 for a maximum of 682 students. Included with the facility's original approval in 1969 was the ability for a higher maximum enrollment. If approved, the size of the buildings on the site would increase from 73,000 sq. ft. to approximately 155,000 sq. ft. The proposal is to add classrooms and associated facilities in a phased manner as follows: PAGE 17 CITY COUNCIL MINUTES March 9, 1999 13. PUBLIC HEARINGS (Continued) . The first phase would include the addition of six classrooms on the north side of the building, changes to improve automotive access to the property, and provide a passenger unloading area. . The second phase would create a large extension to the west side of the building which would add a new gymnasium and expand athletic facilities. . The third phase would build a new school library, faculty lounge and twelve classrooms to the front of the existing building. . The fourth phase would be internal modifications reutilizing existing space in different manners. The facility after the four phases of construction would include 49 classrooms and a maximum enrollment of 950 students. Issues raised during the process of the Conditional Use Permit were as follows: Parking. Currently the school fills its parking lots. At times it overflows in the nearby residential area. A parking traffic consultant has studied the existing situation, analyzed the number of students who drive to school based on grade level, extrapolated that to the new maximum enrollment, and determined the number of spaces that would be needed to satisfy the capacity of the school, completely on site, without impacting the surrounding neighborhoods. Circulation and Drop Off Congestion. The traffic consultant has taken a close look at these issues along with the City Engineer and Traffic Department and have come to conclusions of improvements needed to make the facility operate better, as follows:. 1) to relocate the entry into the buildings away from Santiago Blvd. and more internal into the site; 2) a new arrangement of driveways in and out of the facility allowing the traffic to get off of the street; and 3) a large drop off area internal on the property allowing the activity to occur on the site as opposed to on the public street. Aesthetics. Early proposals included buildings that were much taller and closer in proximity than in the current proposal. Efforts have been made by the applicant to reduce the impacts. The applicant has met on several occasions with the neighbors and a number of modifications have resulted from the meetings. The Planning Commission approved the proposal after a public hearing at its meeting of January 18, 1999, subject to 24 conditions. Additional conditions were added after the public hearing. The appeal is a request to overturn the Planning Commission's action. MAYOR COONTZ OPENED THE PUBLIC HEARING. APPELLANT: Jere Jobe, 2641 E. Riding Way, requested Councilman Slater withdraw from voting on the matter as he was a student and is a graduate of Lutheran High School. Councilman Slater responded he has thought the issue through and will be participating. He feels unless he has children who either attend or plan to attend the school, he should be able to participate in the hearing and represent the voters who placed him in his position. Further, he can give an honest and objective vote. PAGE 18 '- CITY COUNCIL MINUTES March 9, 1999 13. PUBLIC HEARINGS (Continued) Mr. Jobe distributed Appeal Supplement Documentation Packages supporting his position that an independent Environmental Impact Report (EIR) is mandatory at the site and 17 letters in opposition to the school's expansion to Councilmembers. Mayor Coontz noted receipt of the letters which accompanied Mr. Jobe's letter dated March 4, 1999, noting additional letters were received today and forwarded to Council. Mr. Jobe commented this is a matter ofland use issues and the failure of public agencies to abide by the law. The school is a commercial endeavor encroaching into a residential area and deserves no special consideration. The applicant has attempted to avoid its responsibility to the public by dodging its legal obligation. In doing so, the school has forced the neighborhood to raise several legal and environmental questions. He requested the four page list of discrepancies submitted to the City Clerk's office which pertains to the Conditional Use Permit and Mitigated Negative Declaration, citing numerous violations of California's Environmental Quality Act (CEQA), the City's General and Specific Plans, and the Orange Municipal Code, be made part of the record by reference. The school's Conditional Use Permit application against CEQA and its guidelines show at least 24 instances where the Planning Commission erred when it approved the application. CEQA Sections were cited which authorize the use of a Mitigated Negative Declaration only when the initial study shows no substantial evidence of a significant effect on the environment. Many of the less significant impacts and no impact findings are incorrect per CEQA's requirements. CEQA is intended to provide accountability to the public when a governmental agency approves a project in the manner in which it does, noting that to date, accountability has been lacking. Appendix "G" of CEQA Guidelines sets forth criteria for what constitutes significant impact on the community. Some of the criteria include goals of the community; negative aesthetic effects, increased traffic and noise; disruption of an established community; and public health and safety concerns. All criteria are applicable to the project and must be carefully examined through the procedures used in completing a formal EIR. The courts have ruled that even though the impacts are not significant, the lead agency is required to present the technical basis for its conclusions. So far, the City has not made available a comprehensive technical study for its position. The school-hired firm of Austin-Foust Associates performed a traffic flow and parking study of the areas surrounding the site. The study addresses future peak intersection volumes, however, the study fails to acknowledge the 10-12 month closure of the Meats Avenue overpass. Over 1,000 vehicles travel down Meats out of Anaheim Hills every morning. Currently, the vast majority of cars continue on across Santiago Blvd. and dissipate out of the City of Orange. When the overpass closes, all vehicles will be forced to turn either north or south onto Santiago Blvd. Austin-Foust did not mention this in their study, nor mention the fact that Santiago Blvd. will become a north/south route when the 55 Freeway reconstruction begins. There appears to be serious mathematical problems in the studies computation. It is believed there is a significant conflict of interest, as Austin-Foust Associates performs substantial work for the City of Orange and worked for the applicant at the same time. It is hard to be objective under those conditions. The report is blatantly biased towards the purchaser, which was Orange Lutheran High School. PAGE 19 CITY COUNCIL MINUTES March 9, 1999 13. PUBLIC HEARINGS (Continued) CEQA Section 21082.1 requires that a Negative Declaration be prepared directly by or under contract to a public agency. A chemical compound called MTBE, which has been added to gasoline since the early 1970's has created many serious health and environmental problems. Vehicles at idle or low speed emit large quantities of unburned MTBE along with other pollutants. Also released with MTBE is a by-product of its partial combustion called formaldehyde. This type of contamination is at its worst under the cold start and idling conditions that exist in the high school's parking lot. Each vehicle dumps various quantities ofMTBE and formaldehyde into the neighborhood. Because of the strong solvent properties of MTBE, it eventually dissolves almost everything it comes in contact with, which includes asphalt. Eventually, MTBE and everything in it makes its way into the underground water resources. Pictures were referred to depicting conditions that currently exist on the school's campus and where MTBE has dissolved the asphalt in the parking lot. No one knows the exact level of contamination, but it is there. Based on the pollution problems addressed, a complete and independent EIR is mandatory to protect the health and welfare of the areas residents. Mr. Jobe referred to Orange Municipal Code relative to the City's violation of land use and services required, creation of special problems; and effects on the community and the general welfare. Orange Fire and Paramedic personnel avoid using Santiago Blvd. for emergencies during rush hour because of the traffic congestion. It is difficult to calculate the exact financial impact the school expansion will have on the neighborhood. To allow the inappropriate use of residential land to expand further will devalue the homes by an additional 5% or more. The forced devaluation of real property value qualifies as a form of inverse condemnation. The City of Orange bears a major portion of the responsibility for the financial losses that the property owners have already suffered. Council was urged to reject the school's current Conditional Use Permit application based upon the facts and the law and consider a complete and independent EIR with soils testing be performed in the event another CUP is requested for the site. The safety of the public and welfare of the community are at stake. APPELLANT'S (JERRY JOBE'S) RESPONSE TO COUNCIL'S QUESTIONS: . A chemical analysis has not been done to confirm MTBE. The asphalt damage is an assumption since MTBE is in the gas tank and does not burn when engines are operated at low speeds and it is expelled through the exhaust system. . Several of the fireman at Station 2 on Collins Avenue indicated they try to avoid traffic on Santiago Blvd. An individual who answered the phone at the Police Department also indicated the same avoidance. The City Manager, speaking as the former Fire Chief, indicated the most expedient route would be taken to respond to an emergency. The Police Chief commented that to his knowledge, no one has ever contacted him or the Traffic Sargent PAGE 20 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) March 9, 1999 regarding the movement of emergency vehicles through the Santiago Blvd. area. There are no unusual traffic problems on Santiago Blvd. than at any other location. . By education he is an electronics engineer and retired sometime ago; he does fuel systems for antique race cars; and was a contributor in a small way to the UC Davis Program. . There are other environmental factors that support his reasons an EIR study is needed, i.e., noise, aesthetics, parking, traffic, etc., as well as the need for a soils test. ****** The Director of Public Works commented he has never heard of MTBE as being a factor in degradation of asphalt, parking lots, or roadways. The Director of Community Development commented that in the process of preparing Mitigated Negative Declaration's, consulting is done with the Air Quality Management District (AQMD) and other regional experts who look for these kinds ofthings. Neither the AQMD or the Water Quality Control Board indicated it to be a major concern that should be analyzed further. Mayor Coontz noted that staff identified no groundwater impact in discussion of hydrology and water quality. In response to Councilman Alvarez, Traffic Sargent Green indicated he recalls a fatal accident at Santiago Blvd. and Meats Avenue many years ago, and two or three accidents at that location. MA YOR PRO TEM SPURGEON COMMENTED FOR THE RECORD: "We are not avoiding traffic enforcement on Santiago Blvd. in that area." The City Attorney commented the focus is what the project does and what changes will be brought about by the project? Does this project make those conditions worse, better, or not change them. It was suggested that speakers address how the project changes the environment. SPEAKING IN FAVOR OF THE APPEAL: Barbara Jensen, 2160 Mori Lane Pam Day, 2215 N. Santiago Blvd. Cynthia Tress, 2539 E. Riding Way John Turner, 2348 Villa Vista Way Boykin Harper, 2216 Villa Vista Way Jeff Mulford, 2321 North Clinton Street Bernie Dennis, 2104 Villa Vista Way George K. Ramsay, 2740 E. Villa Real Sharon Welch, 2809 E. Colorado Stephen Phillips, 2157 N. Diamond Street Christina Furbaugh, 2543 E. Villa Vista Way Patricia Ring, 2333 E. Villa Vista Way Jim Koch, 2167 N. Diamond Street John Glynn, 2338 Villa Vista Way Carole Walters, (address on file) Mara Brandman, 7319 Equitation Way REASONS FOR SUPPORT: Student parking in neighborhood disrupts service vehicles, parking for homeowners and visitors, and blocks fire hydrants and driveways; increased auto and foot traffic; environmental problems; school has outgrown the size of their property; increased enrollment; decline in property value; height of proposed structure is imposing and intrusive to predominantly single-story neighborhood; loss of privacy, scenery; wall height, vibration PAGE 21 CITY COUNCIL MINUTES March 9, 1999 13. PUBLIC HEARINGS (Continued) damage caused by heavy construction equipment; littering, noise, obscene gestures and comments, drinking and smoking, students hopping walls; faculty student ratio at expense of expansion; traffic circulation; EIR will provide unbiased information; traffic signal needed on Riding Way, EI Sorreno, Villa Vista. THE CITY COUNCIL RECESSED AT 9:03 P.M. AND RECONVENED AT 9:15 P.M. SPEAKING IN OPPOSITION TO THE APPEAL: APPLICANT: Ken Ellwein, Executive Director, Orange Lutheran High School, 2311 Copen Tree Drive, Tustin, commented over the past eight years Orange Lutheran High School has had a steady increase in enrollment to the current enrollment of 680 students. Up until this time they have been able to accommodate the increase with their present facility, although, they have had to utilize every existing space this year. Their vision for the campus is to serve as many students as possible at the location and at the same time improve their educational setting. The original CUP placed a limit of 1,000 students on the site, however, the Planning Commission has now placed a limit of 950 students on their present site which is perfectly acceptable to them. He asked to make it a matter of record that they will not at any time in the future seek any further expansion. They recognize and believe that 950 students is a maximum for their present site. Their plans include improving the library and media center, have an area for their student activities program, and develop a fine arts center in their existing gym. The new gym would have more practice area for their athletic teams. Because of their increasing enrollment which has been accelerated in the past few years by an extremely low attrition rate, they are in need of additional space as they project continued growth toward the 950 capacity. Due to the low attrition rate, their need has been accelerated by a year or two, which is why students have been parking in the neighboring areas this past year. The process involved engaging the services of Architects Orange to develop initial plans for improving the site, several meetings with the neighbors, and many hours with the Planning Commission staff to coordinate their efforts with the interests of the City. The new plans eliminated the earlier proposal of a two story parking structure and moved the gymnasium more to the center of the property. Parking is a major issue, as students park in the neighborhood at the present time. Their master plan will eliminate the need for such parking. They guaranteed that no daily parking will occur once the parking lot has been expanded. Expansion will begin immediately after school is out. There will be enough parking to accommodate 950 students, and they will strictly enforce a no neighborhood parking rule. Should their plans be approved, they will turn their track and one of their physical education areas into a temporary parking area for the remainder of the school year. By the end of next week, March 19th, or sooner if it can be organized, they will have all students out of the neighborhoods. The only exception would be if there was a heavy rain which would make the area unusable for cars. As a result of neighbors concerns, they have moved the tennis courts toward the middle of the property. They believe their proposal addresses other concerns expressed by the neighbors, i.e., security on the south wall, drainage problems, and issues addressed tonight. The final proposal was presented at a PAGE 22 CITY COUNCIL MINUTES March 9, 1999 13. PUBLIC HEARINGS (Continued) fourth meeting with the neighbors the end of June. Plans have not changed from the June meeting other than those things required going through the approval process with the City. Darryl Hebenstreit, Architects Orange, highlighted the changes made to the plans from the original drawing reviewed with the homeowners, noting questions and concerns addressed by the homeowners at this meeting are being addressed in the revised plans. An in-house survey of the student population and a professional survey done by Joe Foust indicate an ultimate design need of 390-400 cars in the parking lot. The grade of the new parking lot will be approximately 3 feet lower than what the existing grade is of the track in the rear area of the site. The track currently dips around the edges to meet the existing site walls, especially on the west side. A new storm drain system will be installed at the rear of the parking lot that will feed into the drainage system along the southwest edge of the field into the culvert underneath the freeway system. The free right turn deceleration lane has been increased to 240 feet in length, a 90 foot transition, and a 150 foot stacking lane, which terminates in a free right turn lane into the project, coupled with a free left turn lane into the project. The two lanes go into a one directional only double wide lane that has a drop-off zone that runs the entire length of the parking lot. One new lane is being created on Santiago Boulevard. The drop off lane being created is approximately 410 feet long located adjacent to the northern boundary of the parking lot. The front entrance of the school has been moved back approximately 300 feet on the site to not create parking congestion at the front entry area. The field house has been moved more to the center of the site. A one- story area of the field house has been set back 26 feet from the north property line and 72 feet from the property line to where the building steps to a two-story height. The tennis courts have been reduced from six to four and located as centrally as possible within the campus. The courts will not be lit. The sport field will be reworked to provide a new track and to redo the existing football practice field and create a soccer field, which will have new lighting installed. All lighting in the parking lot will meet or exceed City requirement. The southern boundary which back up to the field area, which currently has a chain link fence, will have a six foot high block wall installed, with a 10 feet landscape buffer along the edges. Walls will be reworked as required. For security purposes, denser planting will be created around the perimeter edges of the parking lot and all light pole bases will be pulled in approximately 8 feet from the walls. Elevations have been reduced in height. Currently a 20 foot square tower is the only element on the entire project exceeding 32 feet, which is approximately 43 feet in height. The first phase provides for all improvements along Santiago Blvd. and all parking lot improvements. The growth plan that will eventually fill the parking lot is approximately 5 years from now. Joe Foust, Austin-Foust Associates addressed the traffic situation which occurs for approximately 20-25 minutes in the morning and afternoon. The project creates a new southbound lane on Santiago Blvd. The capacity of Santiago Blvd. is enhanced by the design of the entry and exit to the project, which will work better than it does today. A major part of the project was to move the entrance to the school to get the traffic off of Santiago Blvd. An exhaustive study was done throughout the day for three weeks on the parking situation. The parking lot currently has a 15-20% vacancy at anyone time, which is the result of assigned PAGE 23 CITY COUNCIL MINUTES March 9, 1999 13. PUBLIC HEARINGS (Continued) parking. Eliminating assigned parking would pick up a 20% gain in parking. Approximately 30- 45 student cars can be found parked in the neighborhood on variable days. RESPONSE TO COUNCIL'S QUESTIONS AND CONCERNS: Mr. Hebenstreit referred to a picture submitted by a neighbor of a wall located where the existing parking lot ends and the new track begins, indicating the structural integrity of the wall is good. As grading will be going down in that area, he proposed to keep the existing wall and in-fill the notch as required to meet the 6 foot high requirement. He explained the existing grade on the end of the track that continues down into a loop is about 3 feet higher than the current perimeter grades, and how dirt will be removed from the parking to meet the existing grade of the track. Mayor Coontz asked to what extent the parking can be controlled in the neighborhood before the master plan goes into effect? How will you control the students? How would you address refusal of a student to purchase a parking pass or permit? Mr. Ellwein explained the current open field area used for physical education at this time will be used for student parking by the end of next week, or as early as it can be organized. If a student parks in the neighborhood after being told they may not park in the neighborhood, they have defied the authority of the school, and would no longer be a student at the school. The purchase of a parking pass is not an issue, as the yearly cost for a pass is approximately $2.00. At the beginning of the school year they began assigned parking in an attempt to solve parking problems, which caught up with them approximately a year or two faster than anticipated because of their low attrition rate. In the future only juniors and seniors will be able to park on the school property. The parking lot is not full. A mistake made was they should not have gone to assigned parking because with absenteeism, sickness, etc., there are always spaces available. The assigned parking will be eliminated by the end of next week for all time in the future. All students will be off the street by the end of next week. Mayor pro tern Spurgeon expressed concern with students hopping walls, littering, and foot traffic in the area. Mr. Ellwein indicated the plans, when carried out, should address the problem with the walls. In the interim, he committed to Council and the neighbors that they will have supervision in the area after school. He cannot guarantee that every student would be caught. By taking the cars out of the neighborhood by the end of next week, there should very little reason for students to want to be in the neighborhood. Licensed sophomore's will again be able to park in the parking lot, for awhile, until the need is seen to do otherwise. There will be a "no parking in the neighborhood" rule. In response to Mayor Coontz, Mr. Ellwein acknowledged that students at the school do get involved in the same kinds of problems and issues that face people in society. The issue on the news was where students violated their zero tolerance policy, which means automatic expulsion from school. He is unaware of any underage drivers. PAGE 24 CITY COUNCIL MINUTES March 9, 1999 13. PUBLIC HEARINGS (Continued) In response to Councilman Slater, Mr. Ellwein explained that part of their enrollment policy requires a statement be signed by a parent that their child will not be allowed to drive to school until they are juniors, and they will not be able to park in the neighborhood, as an alternative. In response to Councilman Alvarez, Mr. Ellwein indicated they would be willing to sign a deed restriction or agreement, if required, to hold them to the 950 student limit. Relative to a right turn only when exiting the school property, he indicated he would like the left turn for awhile to see how it works, but would accede to the City if it were a problem. There will be security gates for the parking lot. For the long term, written material could be provided to the neighbors relative to parking and traffic circulation enforcement in the neighborhood In the interim, he committed to having someone on the property direct traffic while the school entrance is to the front of the property. He reiterated the parking problem in the neighborhood caught up with them sooner than anticipated due to the low attrition rate. Mayor Coontz clarified that all issues that were pointed out are conditions of the Planning Commission, with the exception of someone directing traffic at the entrance during the interim period of time. Interest was expressed in the school being able to demonstrate being able to take care of the problems that are existing. What is the phasing plan? Mr. Ellwein explained the first phase is the parking lot, street treatment, and six classrooms. They project to have the funding come in increments which will allow them to do the four or five phases over a four to seven year period. He expressed their willingness to forgo the speakers opposed to the appeal. Councilman Murphy commented with the neighborhood parking problem, demonstration needs to be shown that the parking issue can be solved.. He suggested a phase that would add the parking lot and unloading area to solve the traffic and parking issues be completed prior to the addition of classroom space. Mr. Ellwein explained the reason for the timing of the phases of the plan, indicating a change to the timing would put an incredible amount of risk on Lutheran High to show that everything is working before a Certificate of Occupancy is given for the six new classrooms. The students will be out of the neighborhood at the end of next week at the very latest. He requested a tolerance of parking in the neighborhood during the demonstration period in the event of a heavy rain. The City Attorney explained the main issue before the City Council is to determine whether the project will result in additional adverse environmental impacts, alleviate some of the environmental impacts, or if there will be no significant changes. Councilman Alvarez asked who would request or offer that an environmental impact report be done? Concern was expressed this issue came up with Salem Lutheran school, as both neighborhoods asked for an EIR. The City Attorney responded the decision for an EIR is made ultimately by the City Council, and that he can only provide the legal parameters for their decision. If the initial study that is done identifies significant environmental impacts which have not been mitigated by proposed changes by the applicant, before it is sent out for public review, an EIR is required. In this case, the initial study found that the changes made by the proposed PAGE 25 CITY COUNCIL MINUTES March 9, 1999 13. PUBLIC HEARINGS (Continued) applicant mitigated significant environmental impacts to a level of insignificance, which is why it was brought forth as a Mitigated Negative Declaration. Councilman Slater complimented the neighbors for taking an interest in preserving their neighborhood. Speaking as a realtor, he felt it was very important and is what makes Orange special. It is disappointing to hear of the parking problems and as a realtor it definitely does not help property values. As a graduate of this private high school, Councilman Slater knows that when this administration tells the students this is the way it will be, it happens. There is a great degree of discipline and the school can accomplish this. Eight of the fourteen immediate residents that spoke brought up the parking problems with the majority of the speakers living on Villa Vista Way. Councilman Slater commented he had sold a home on the corner of Sacramento and Villa Vista Way over one year ago as well as shown property to many people in that neighborhood. No one ever raised a concern or question about Lutheran High School even though Councilman Slater mentioned to them the school does have expansion plans. It was strongly felt the neighbors have been heard by the school. A lot of mitigation measures have been put into place. When this plan is built out it will be good for the neighborhood in terms of lessening the impact of traffic, students parking in the street, circulation and all issues discussed at this meeting. Councilman Slater felt the Council should move ahead at this time and grant the approval with conditions that student parking must be removed from the neighborhood immediately. However, if it is the will of the Council to continue this issue in order for the high school to demonstrate that they can accomplish this, then it will have to be that way. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to the March 23, 1999 Council meeting as the first item at the 7:00 p.m. session and Lutheran High School be given the opportunity to go ahead and implement the plan that they have suggested this evening and bring it back to confirm that the parking issue can be resolved. 14. PLANNING AND ENVIRONMENT - None THE CITY COUNCIL RECESSED TO CLOSED SESSION AT 10:25 P.M. TO HEAR THE REMAINING CLOSED SESSION ITEMS AND AN URGENT ITEM ADDED TO THE AGENDA. COUNCIL RECONVENED FROM CLOSED SESSION AT 12:45 P.M. PAGE 26 CITY COUNCIL MINUTES March 9, 1999 15. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 12:45 p.m. to March 16, 1999 at 5:00 p.m. in the Weimer Room to discuss 199912000 Budget Goals and Objectives. ~ ^ , ,I 'J UtM~~/! aq~:r- CASSANDRA J.(C}\.THCART, CMC CITY CLMu<. JOANNE COONTZ MAYOR PAGE 27