HomeMy WebLinkAbout1_28_2003 - Council MinutesAPPROVED BY CITY COUNCIL ON FEBRUARY 11,2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 28,2003
The City Council of the City of Orange, California convened on January 28, 2003 at 4:30 p.m. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Steve Fiechter, Christ Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Ambriz
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees received Employee Service Awards Vincent Bonacker -
Fire; Robert Skinner - Police (not present); Jerry Carter - Public Works; Chris Huddleston - Police (not
present); Tom Groseclose - Fire; Adrian Montoya - Fire (not present)The following employees
were recognizedfor their hard
work and outstanding effort on the City of Orange United Way Campaign' 2002:
Pamela, Passow - Campaign Coordinator; Pam Witham - Assistant Campaign Coordinator; Barbara Behrens, Belinda
Urtez, Bobbie Comstock, Brent Mullins, Carolyn Shigemasa, Connie Rodriguez, Glenn
Kaye, Jackie Bateman, Joyce Hansen, Julie McWhorter, Karen Sully, Leslie
Williams-Frazer, Michele Day, Nancy Tuleja, Patti VanVoorst, Rebecca Serna, Robby
Tatro, Sally Trejo, Shannon Pyne, Shawn Biackiston, Sharon Kirkland and Virginia Miscione.
Checks were presented to City of Orange United Way recipients
Mary McAnena representing Mary's Kitchen and Cathy Seelig representing the Friendly
Center.Mayor Murphy announced Council will adjourn in memory of Jim
Wood, Code Enforcement Officer for the Department of Public Works; and presented
his family with a Memorial Adjournment Certificate.2.PUBLIC COMMENTS TAPE 550 Tom
Wills, 1654 Mockingbird Place,
owner of 1052 Arbor Way,
spoke in opposition to the proposed Citrus Apartment project on West Chapman.PAGE 1
r-'
CITY COUNCIL MINUTES January 28, 2003
2. PUBLIC COMMENTS (Continued)
John Baker, 1051 Arbor Way, spoke in opposition to the proposed Citrus Apartment
project on West Chapman.
Arlen Craig, address on file, spoke on development, density and environmental issues
and submitted information.
Dorothy Stewart, address on file, spoke in support of strict enforcement of RV parking
codes.
Dr. Steven Heilman, 1429 E. Oakmont, spoke in support of modifying the RV parking
codes.
Mil Thornton, 1243 E. Trenton, spoke on conflicting RV codes and suggested a meeting
between the two citizen groups on this issue - It's Our City Too and Keep Orange Clean.3.
CONSENT CALENDAR All
items on the Consent Calendar are considered routine and are enacted by one motion approving
the recommended action listed on the Agenda. Any member of the City Council,
staff or the public may request an item be removed from the Consent Calendar for
discussion or separate action. Unless otherwise specified in the request to remove an item
from the Consent Calendar, all items removed shall be considered immediately following
action on the remaining items on the Consent Calendar.3.
1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda
of a regular meeting of January 28, 2003 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,summarized
on Time-Warner Communications and available on the City's Website
www.cityoforange.org, all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated January 2 and 9, 2003.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting January 14, 2003.
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
PAGE 2
CITY COUNCIL MINUTES January 28,2003
3. CONSENT CALENDAR (Continued)
3.5 Receive and file the City Treasurer's Report for the period ending December 31, 2002.
ACTION:Approved.
AGREEMENTS
3.6 Award of Professional Services Agreement for the Revisions of Construction Plans
and Engineering Calculations for Chapman Avenue Widening from Bitterbush
Street to Main Street. (A2100.0- AGR-
4210)SUMMARY: This agreement authorizes the Consultant to provide updated
field surveying, revise engineering calculations, and modify construction plans
and specifications for the Chapman Avenue Widening Project to conform to final
right-of-way
acquisition requirements.ACTION: Approved agreement with Merit Civil Engineering in an amount not
to exceed 51,985.00 and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds are budgeted in the
following account:
284-
5011-483300-4038 (
TSIP)APPROPRIATIONS 51,985.00 3.7 Appropriation for funds held by Metro
Cities Fire Authority. (C2500.H)SUMMARY: Request an appropriation to account for
expenditures paid for by Metro Cities from the Member specific account These funds
are currently available
for Orange Fire Department expenditures.ACTION: Approved appropriation of funds as follows in
the Fire Department's
budget for Fiscal Year 2002-03:100-
3021-471301-2400 (purchase computer equipment) - $9,
200 100-3021-427800-2400 (metro net communications) - $50,000 This account will be
used to
document any expenditures made from Metro Net Member Specific account FISCAL IMPACT: None.
The Member Specific account at Metro Net is
a
fully-funded account, existing money is already in the account BIDS 3.8 Project
No. D-142; CDBG Project - Shaffer Street Phase I Storm Drain
Improvements from Santiago Creek to Culver Avenue. Approval of plans and specifications,
and request
CITY COUNCIL MINUTES January 28,2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Plans and specifications have been completed for the Shaffer Street Storm
Drain Improvements Project. The project is ready to be advertised for bids. The
estimated construction cost is $482,000.00 including contingencies (10%), and
construction engineering (5%).
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG Shaffer Street Storm Drain Improvements construction project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program in Account
No. 310-9645-483400-5379 - Community Dev. Block Grant (CDBG) - $ 300,
000 3.9
CLAIMS SUMMARY: The City Attorney recommends that the Orange City Council deny
the following Claim(s) for
damages:a. Jennifer
Lund b. SJD
Leasing c. Catherine
McMillan ACTION: Denied Claim(s) for damages and referred to City Attorney and
Adjuster.
DONATIONS REMOVED AND HEARD
SEPARATELY)3.10 Equipment Account No. 100-3021-
446500. (C2500.H)SUMMARY: An Orange resident, Judith A. Pearce, has donated a check
in the amount of$100.00 to be used to augment the Fire Department's fire hose,
nozzles
and equipment budget.The Council expressed their appreciation
for this contribution.
MOTION - Cavecche SECOND -
Murphy AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Accepted donation in the amount of $100.00 and appropriated the funds to
Account No.1 00-3021-446500 (
Fire Equipment).FISCAL IMPACT: The $100.00 donation will augment the Fire
Department's equipment
budget (100-
3021-
CITY COUNCIL MINUTES January 28,2003
3. CONSENT CALENDAR (Continued)
FUND TRANSFER
3.11 Request to transfer funds for extra work to complete traffic signal modifications
and installation at Main Street and Palmyra Avenue, and Katella Avenue and
Cambridge Street. (A2100.0 AGR-
3983)SUMMARY: A contract change order for extra work for the traffic signals
under construction at the intersections of Main Street and Palmyra Avenue and Katella
Avenue and Cambridge Street It is necessary to transfer the required funds into these two
CIP project
accounts.ACTION: Transferred $2,170.00 from Account No.
284-5032-483100-6122 Taft/G1assell Railroad Signal Modifications)
into the
following accounts:360.
00
1,
810.00 284-5032-485100-
6119 294-5032-483100-6060
Katella and Cambridge Signal Modification Main and Palmyra Signal Installation
FISCAL IMPACT: Sufficient funds are available in Account
No.
284-5032-483100-6122 Taft/Glassell Railroad Signal Modifications) for the transfer.PURCHASES 3.
12 Purchase and installation of eight (8) Westnet, Inc.
First-In Fire Station Alerting Control Systems from Metro Cities Fire Authority. (
C2500.H)SUMMARY: The First-In Fire Station Alerting Control System (through Metro Net who
provides dispatching services to the City of Orange) will utilize a series of remote
units placed strategically throughout the 8 fire stations to notify personnel of an emergency call
in the quickest and most advanced means possible.
It will also interface with the current radio activated vocals as a functional
backup system.ACTION: Authorized purchase not to exceed $57,
000 for eight (8) Ethernet Data Activated First-In MCV's,
unit installations, and On-Site testing.FISCAL IMPACT: Funds are budgeted
and available in
the following account:
FY 02/03 Acct No. 120-3021-481302-
2954 $87,311 (Prop 172 Funds)MOTION - Coontz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy,
Coontz, Cavecche Item 3.
10 was removed and
heard separately.
CITY COUNCIL MINUTES January 28,2003
4. REPORTS FROM MAYOR MURPHY - None.5.
REPORTS FROM COUNCILMEMBERS TAPE 1200 5.
1 CounciImember Coontz - Update on request for The Irvine Company's donation toward a
future East Orange Library.Councilmember Coontz
reported she had talked with The Irvine Company about a donation towards a
future new library in East Orange as part of the Library Master Plan; and received assurance that
The Irvine Company would be interested in making a monetary donation. She noted the
consultant working on the Library Master Plan is working on a new fee structure which will include
fees on development and the City will be discussing this with The Irvine Company along with
other issues the City would like The Irvine Company to participate in.5.2
Mayor pro tern Alvarez - Request City review possible installation of traffic control devices at Palmyra
between Yorba and Prospect and Villa Real Drive between Santiago and Ridge Park
Lane. (S4000.S.3.3) TAPE 1250 Palmyra Avenue Mayor
pro tern
Alvarez reported he has been monitoring the McPherson Neighborhood Committee's concerns
about the traffic in their area, specifically on Palmyra. This Committee has gone through
the City process and followed procedures with no results; and asked if the Council could review
this issue and give some direction for traffic mitigation measures.Councilmember Coontz asked
what steps are already in place for this area; and asked for clarification on specific
meetings dates.The Public Works
Director reported the City Traffic Commission reviewed temporary roadway narrowing alternatives along
Palmyra but denied this on a permanent basis, which the neighborhood agreed with.
The Traffic Commission's intent was to then follow up with other ideas. There is
a meeting scheduled for January 30th between staff and the neighborhood residents to discuss
the potential of traffic diverters. He asked that the process be allowed to follow its course;
and stressed the importance of community support and trial periods to test the effectiveness of different
options.Richard Hess, 308
S. Craig, stated the residents are willing to work with the City on a traffic solution, but it
has already been a year and a half since this process began.Mayor pro tern
Alvarez noted the Traffic Commission denied the request for roadway narrowing,but it still
does not mitigate the problems impacting the neighborhood. He was concerned nothing was going
to happen and the only way to raise the issue was to bring the issue before Council.Mayor pro
tern
Alvarez suggested directing staff to come back in 60 days with a recommendation on what
can be resolved with the McPherson Neighborhood Committee on a PAGE 6
CITY COUNCIL MINUTES January 28,2003
5. REPORTS FROM COUNCILMEMBERS (Continued)
remedy for this area and allow the McPherson Committee to go out into the neighborhood to
collect the necessary support to get everything in place.
Councilmember Coontz wanted to make sure the neighborhood was notified of the upcoming
community meeting on January 30th. She asked for progress reports on the McPherson
Neighborhood traffic issues as the Council is asked about this problem in the community and it is
important for the Council to be kept up to date.
Councilmember Ambriz expressed concern about the short notification of the January 30th
meeting; asked how residents are notified of such meetings; and asked about Stop signs along
Palmyra and what the costs would be for a sign.
Mayor Murphy asked if the Traffic Commission had considered Stop signs or diverters,
suggesting the Traffic Commission be allowed to consider this item, as they are an advisory
group for traffic issues. He suggested waiting for the results of the neighborhood meeting,
getting an update in 30 days and then the Council can review it again if necessary.
The Public Works Director reported the Traffic Commission denied Stop signs about a year ago,
but has not considered diverters. He reviewed the process for a traffic recommendation, and
reported the cost for a Stop sign ranges between $500 and $1000.
Mayor pro tern Alvarez stated this has become an urgency item, because the Traffic Commission
has looked at the information which seems to meet the threshold for a Stop sign and yet denied
the request for a Stop sign.
The City Manager pointed out that when the McPherson Committee was recognized by the
Council, the responsibility fell on the Committee to notify the rest of the group about community
meetings; but when a hearing is held by a decision making body the notification process would
then be the City's responsibility.
Councilmember Coontz stated the Council has heard different versions on the actual scope of the
McPherson Neighborhood Committee and pointed out the necessity for more information.
Councilmember Cavecche stated she would like the Council to consider this issue as she was
disappointed how the Traffic Commission has handled it so far.
The City Attorney stated he would review the Code and provide a report back to the Council on
the policy of having this issue going directly to the Council and not the Traffic Commission.
Council directed staff to provide a report back to Council within 60 days, or sooner, and based
on the results of the preliminary meetings between staff and the neighborhood, and potential
direction this issue is taking, the Council can make a determination at that point whether to
consider the item or have it reviewed through the Traffic Commission.
PAGE 7
CITY COUNCIL MINUTES January 28,2003
5. REPORTS FROM COUNCILMEMBERS (Continued)
The City Manager stated staff will bring this back to the Council and will do the proper
notification to the neighborhood at that point for future meetings to solicit information.
Villareal Drive
Mayor pro tern Alvarez reported the Villareal traffic issues have not gone through the City
process yet, noting the problem with Villareal seems to be the design of the street.
Council directed staff to review the traffic issues on Villareal Drive, looking at the design issues.
Councilmember Cavecche clarified that the traffic management process would be implemented
with the Villareal neighborhood.
George Ramsey, 2740 E. Villareal, spoke on traffic issues; on Villareal and showed pictures of
the area.
William Stewart, 2406 E. Villa Real, spoke on traffic issues on Villareal.
Cambridge Street
Mayor Murphy asked staff to also review traffic issues along Cambridge, between Walnut and
Collins.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 2600
6.1 Reappoint the following members to the Audit Committee: Eric Woolery, Dwight
Nakata, David Sundstrom and G. David Piper, terms to expire January 2005.
Council thanked the members of the Audit Committee for their continued service to the
community.
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to reappoint
Eric Woolery, Dwight Nakata, David Sundstrom and G. David Piper to the Audit Committee, terms
to expire January 2005.6.2 Reappoint
the following members to the Investment Advisory Committee: James Hansen, Charles Simons
and Harold Jackson, terms to expire January 2005.Council thanked the
members of the Investment Advisory Committee for their continued service to the community.
PAGE 8
CITY COUNCIL MINUTES January 28,2003
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to reappoint
James Hansen, Charles Simons and Harold Jackson to the Investment Advisory Committee, terms
to expire January 2005.7.ADMINISTRATIVE REPORTS
TAPE 2650 7.1 Report
by the Director of Community Development regarding a consultant services agreement with Civic
Solutions, Inc., a private planning consulting firm, to provide work in the areas of
current and advance planning and environmental review related to development proposals for
East Orange and Santiago Hills II by The Irvine Company.Continued from January
14, 2003) (A2100.0 AGR-4200)SUMMARY: Staff
anticipates that development applications will soon be submitted by The Irvine Company
for Santiago Hills II and East Orange. Coordination of the review of these applications will
require extensive staff resources, particularly since an environmental impact report will
be prepared. This consulting services agreement will augment the existing staff in order to
provide for adequate staffing to properly evaluate the proposals Discussion As
requested
at the January 14th Council meeting, Staff has provided the Council with information on
the proposed consultants.Councilmember Coontz
asked that staff, in the future, as a policy, provide information to the Council on
consultants.MOTION - Coontz
SECOND - Alvarez AYES -
Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche ACTION: Approved and authorized the
Mayor and City Clerk to execute the consultant services agreement with Civic Solutions, Inc.
for contract planning staff to work on Santiago Hills II and East Orange. The contract amount
is not to exceed $350,000.00.FISCAL IMPACT: None. The cost
of the contract planner will be paid for by the applicant, The Irvine Company.7.2 Report
by the
Fire Chief regarding appropriation of funds for FEMA's Fire Operations and Firefighter safety grant. (
C2500.H)PAGE 9
CITY COUNCIL MINUTES January 28,2003
7. ADMINISTRATIVE REPORTS (Continued)
SUMMARY: The purpose of the FEMA Firefighter Grant Program is to protect the health and
safety of the public and firefighting personnel against fire and fire-related hazards. The City
will be receiving $113,488 from FEMA; which will have to be matched in the amount of $48,
637.The City will be using existing Joint Apprentice Committee funds to meet this
obligation.The Fire Chief provided a summary of the report, noting the matching funds for this grant
will not come out of the General
Fund.MOTION - Alvarez
SECOND - Ambriz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: I)
Appropriated Fire Operations and Firefighter Safety grant funds as follows:100-3021-
471301-2522 (FEMA grant - equipment) $117,000
100-3021-445100-2522 (FEMA grant - supplies) $
12,500 100-3021-426401-2522 (FEMA grant -
contractual services) $32,625 2) Amended the RevenueBudget 100-3021-261500-2522 by $
113,488 to reflect
the income to be received from FEMA.FISCAL IMP ACT: None. The program is
funded entirely through FEMA and the matching Orange Fire Department funding will
come from
our existing Joint Apprentice Committee training money.
8. REPORTS FROM
CITY MANAGER - None.9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 2-03 (
FIRST READING) (A2500.0 Claims)TAPE 2825 An Ordinance of the City Council of the City of Orange
amending Chapter 3,16 of the Orange Municipal code
relating to filing
claims against the
City.MOTION - Murphy SECOND - Ambriz AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 2-03 be read by title only and same was set
for second
reading by the preceding vote.10. RECESS TO THE MEETING
OF THE
CITY COUNCIL MINUTES January 28,2003
11. RECESS TO CLOSED SESSION
The City Council recessed at 6: 1 0 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9(a) - existing litigation:
1)
City of Orange v. Tosco Corporation, Orange County Superior Court Case No.01CC15153
b.
Conference with Labor Negotiators pursuant to Government Code Section 54957.6. City's Negotiator:
Steven Pham Employee organization: All bargaining and non-represented groups.
c. Public Employee Performance Evaluation pursuant to Government Code Section 54957:
Title: City Attorney
d. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.PUBLIC COMMENTS TAPE 2920
Juan Pablo Serrano-Nieblas, address on file, spoke on California Proposition 215, and the
legal use of medical
marijuana.The following people spoke in opposition to the proposed Citrus Apartment Project in
West
Orange:Janet Schmitt, 1033 W. Arbor
Way Ani Allen, address on
file Jerry Mayes, 1042 W. Arbor Way - submitted letter
Scott Bottomley, 1005 Arbor Way
Bill Gallagher, 182 N. Lester St.
Mary St. Marseille, 1060 W. Arbor Way - submitted information Scott
Sheeks, 157 N. Citrus Kim
Minter, 180 S. Lime Deann
Parcheri, 1111 W. Chapman Ave.Dorthy
Stewart, address on file, spoke in support of enforcement ofRV parking codes.Arlen
Craig, address on file, spoke on the preservation of open space PAGE
11
CITY COUNCIL MINUTES January 28,2003
13.PUBLIC HEARINGS TAPE 3900
13.1 2001 CALIFORNIA FIRE CODE (A2500.0 Fire Code)
The public hearing to consider adoption of the 2001 California Fire Code and other amendments
has been continued from January 14, 2003. Note: The Public Hearing was not opened.
The Fire Chief provided a summary of the report, noting the proposed amendments are
consistent with what the City has had in the past. He clarified these amendments are the same as
those made in 1999 and is basically clean up language; and will not affect any new projects. One
section on an amendment was discussed by staff which would have changed the road width
requirement from 36 to 40 feet. However, the City will retain the standard 36 foot width for
roads which has always been the standard in Orange. One other change to the code is to use
more above ground flammable storage tanks.
The City Attorney noted the California Fire Code becomes effective 180 days after publication;
and cities are subject to the provisions of the Code. However, a City can adopt more stringent
amendments.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Mel Vernon, address on file, spoke on the Fire Code Sections relating to dead end streets.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Chief Bonacker explained the City's requirement for sprinklers at the end of a long dead end
street is to provide a built in protection system for those homes at the end of the street in the case
of an evacuation or fire hazard.
RESOLUTION NO. 9692 TAPE 4450
A Resolution of the City Council of the City of Orange, California, setting forth findings with
respect to local conditions within the City of Orange which make certain modifications and
changes to the California Fire Code necessary for various occupancies.
MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt
Resolution No. 9692.ORDINANCE NO. 17-
02 (SECOND READING)An Ordinance
of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code
to adopt the 2001 California Fire Code and other amendments.PAGE 12
CITY COUNCIL MINUTES January 28, 2003
13. PUBLIC HEARINGS (Continued)
MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 17-02 be read by title only and same was adopted by the preceding vote.TAPE
4485
13.2
PRE-ZONE CHANGE NO. 1216-02, NEGATIVE DECLARATION NO. 1706-02 -
CITY OF ORANGE (A3100.0 ANX 3-
0R-1)Time set for public hearing to consider a proposal to allow the pre-
zoning of various unincorporated County islands known as Annexation Areas 3-
0R-6, 3-0R-7, 3-0R-8, 3-0R-9,
3-0R-1O, 3-0R-
11, 3-0R-12, 3-0R-13, 4-0R-1, 4-0R-2,
4-0R-3, 4-0R-4 and 4-0R-5, at various locations throughout
the City.NOTE: Due to the
change in County Supervisory Districts, the island designations previously noted as Annexation areas 4-0R-1,
4-0R-2,
4-0R-3, 4-0R-4 and 4-0R-5 have been changed
to 3-0R-1, 3-0R-2, 3-0R-3, 3-0R-4 and
3-0R-5.The locations for the eleven County Islands (territories) to be
annexed into the City of Orange are as follows:3-0R-2- North of
Southern Ave., west of Pacific St., and east of Batavia 3-0R-3- North ofSt.
James Ave., west of Canal St., and south of Boom
Ave.3-0R-4- South ofHeim Ave., west of Torres St., and east of Orange-
Olive Rd.3-0R-5~ South of Dorothy Dr., east of Costa Mesa Fwy,
west of Loretta Dr.3-0R-7- North of Bond Ave, east
of Rancho Santiago Blvd., south of Glen A1byn
Lane 3-0R-8- South of Bond Ave., east
of Rancho Santiago Blvd.3-0R-9- North of Grovewood Ln.,
west of Windes Dr., and south of Hidden Oaks Ln.3-0R-1o-
South of Diane Dr, East of Santiago Canyon Rd., north of Holy Sepulcher
Cemetery 3-0R-11-
South
of Orange Hill Terrace, west of Calle Grande, and Wheeler PI.3-0R-12-
North ofWimbleton and east of Old Chapman Rd.3-0R-13- North ofWimb1eton and east of Old Chapman Rd.
Note: 3-
0R-
1
and 3-0R-6 are not being
CITY COUNCIL MINUTES January 28,2003
13. PUBLIC HEARINGS (Continued)
the City of Orange. However, at this time, staff is recommending the City annex only 11 of the
islands and not the two larger island known as 3-0R-l and 3-0R-6.
3-0R-6
will be pre-zoned;3-0R-l will not.In response to Council questions, Mr. Sibley
further reported the areas of Olive and EI Modena are not being considered for annexation as
they are linked to the County bankruptcy funding and the Fairhaven areas are not islands surrounded
by the City and, therefore, also not considered for annexation. These annexations will also
not affect permitted uses that were allowed in the County, as
those uses become legal non-conforming
uses in the City.MAYOR MURPHY OPENED THE PUBLIC HEARING Steve Sheldon,
address on file, spoke in concurrence with the Staffs recommendations.Richard Perrino,
19716 Old Chapman Avenue, resident within Area 3-0R-12, asked about
possible restrictions with the City's zoning. The Community Development Director provided Mr.
Perrino with a report outlining the various uses allowed in his area.
David Hemmings, 19111 Equestrian Lane, resident within 3-0R-7, asked about possible changes to
streets, lighting and the water supply
once his property
is annexed into
the City.MAYOR MURPHY CLOSED THE PUBLIC HEARING
MOTION - Cavecche SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Adopted
Negative Declaration No. 1706-02 relating to the proposed annexation of
II unincorporated county
territories, as outlined
in Planning Commission Resolution No. PC-38-02.
MOTION - Cavecche SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Approved Pre-Zone
Change No. 1216-02 as it pertains to 11 unincorporated County territories, as
outlined in Planning Commission Resolution No. PC-38-02; except for County territory 3-0R-5, in which
a zone change
from R -
CITY COUNCIL MINUTES January 28,2003
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9697
A Resolution of Application of the City Council of the City of Orange requesting the Local
Agency Formation Commission to take proceedings pursuant to the Cortese-
Knox-Hertzberg Reorganization Act of 2000 for Annexation to the City of Orange of five
unincorporated islands of territory (Orange Islands 3-0R-9, 3-0R-IO,
3-0R-ll, 3-0R-12 and 3-0R-13) located within its
Sphere of
Influence totaling approximately
49 acres; and
indemnifying the Local Agency Formation Commission.MOTION - Cavecche
SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9697 RESOLUTION NO. 9698 A Resolution of Application of the City
Council of the City of Orange requesting the Local Agency
Formation Commission to take proceedings pursuant to the Cortese-Knox-Hertzberg Reorganization Act of 2000
for Annexation to the City of Orange of three unincorporated islands of territory (Orange
Islands 3-0R-7, 3-0R-8 and 3-0R-2)
located within its
Sphere of Influence
totaling approximately 62 acres; and indemnifying the Local
Agency Formation Commission.MOTION - Cavecche SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt Resolution No. 9698 RESOLUTION NO. 9699 A Resolution
of Application of the City Council of the City of
Orange requesting the Local Agency Formation Commission to take proceedings pursuant to the Cortese-Knox-
Hertzberg Reorganization Act of 2000 for Annexation to the City of Orange of three
unincorporated islands of territory (Orange Islands 3-0R-3, 3-0R-
4 and 3-
0R-5) located
within its Sphere of Influence totaling approximately 74
acres; and indemnifying the Local Agency
Formation Commission.
MOTION - CaveccheSECOND -
AlvarezAYES -
CITY COUNCIL MINUTES January 28,2003
13.PUBLIC HEARINGS (Continued)TAPE 5200
13.3 APPEAL NO. 489-02 - CONDITIONAL USE PERMIT NO. 2410-02,
MITIGATED NEGATIVE DECLARATION NO. 1692-02 (ST. PAUL'S
LUTHERAN CHURCH),REGIS AND LESLIE FAUQUET; AND CUTBERTO AND
SUSANA CARBAHAL A4000.
0 APP-489-02)Time set for public hearing to consider an appeal of the Planning Commission'
s approval of a request by St. Paul's Lutheran School for Conditional Use Permit No. 2410-
02 to 1) allow the expansion of the existing school campus in a residential zone
as follows: expand to three classrooms per grade and increase the number of classrooms at
the school, 2) Master Plan implementation involves construction of a
new gymnasium/multi-purpose facilities, 3)renovations and expansion of existing play areas and athletic
amenities, and 4) expansion of the existing parking lot and drop off area and driveway
relocation. St. Paul's Lutheran School campus is
located at 901 E. Heim Avenue.Mitigated Negative Declaration No. 1692-02 has
been prepared for this project in accordance with the provisions of the California
Environmental Quality act per
State CEQA Guidelines Section 15070 et seq.APPELLANTS
STATE THE FOLLOWING REASONS FOR THE APPEAL:We are appealing because we want an EIR.
November 18th the City Engineer indicated neither a wall nor landscaping would alleviate the harmful
health effects of exhaust emissions of school vehicles. Residents living next to the expanded parking lot
will be exposed to unknown levels of automotive emissions with no effective protection.
An EIR will answer with empirical evidence,how much emissions would be produced and how
the long-
term exposure
to these will affect residents' health?"Staff Reoort The Community Development Director reviewed
the proposed project. She noted one of the conditions imposed by the Planning
Commission was that the applicant shall prepare a congestion management plan for staff review
and approval prior to the issuance of building permits. The plan is to include specific provisions
for drop off and pick up activities, specific provisions for special event parking, an
enforcement mechanism and how school staff is to facilitate traffic and circulation. The Public
Works Department has final approval of this
Plan with endorsement from Community Development and Police.The Community Development Director noted the
major concerns of the Appellant are with air quality impacts. An individual air quality impact
analysis was not performed as the project falls below the screening level outlined in
the AQMD guidelines. The AQMD threshold for requiring an air quality analysis for buildings of this type is
197,000 square feet of development area. This
project will
CITY COUNCIL MINUTES January 28,2003
13. PUBLIC HEARINGS (Continued)
Council Ouestions
Councilmember Coontz asked about the proposed block wall on the west side of the property and
stressed the importance of it being one consistent wall to prevent problems with rodents. She
noted it should be made a condition that if an adjoining property owner does not want the block
wall they would be required to submit that in writing. She spoke on the traffic monitoring plan
and how it should apply to special events; and the School's good neighbor policy should also be
extended beyond the immediate neighborhood.
Councilmember Cavecche expressed concern about the Council being asked to approve a project
without the traffic management plan in place.
Mayor pro tem Alvarez asked about traffic plans at other schools, and if there are any
improvement plans for Heim or the intersection of Orange-Olive and
Heim.Councilmember Ambriz asked about possible traffic impacts from the proposed
redevelopment of the Mall of Orange and also about the fencing on the east and north sides of the
property.The Public Works Director reported a signal is proposed at Orange-Olive and Heim and is
in the CIP budget for funding in 2004/05. This proposed signal would be an expensive
project because of the additional required road and drainage improvements; and the exact timing of
the signal installation would depend on meeting certain criteria and funding availability. With regard
to the Mall of Orange development, the primary traffic impacts would probably be on
Tustin, Meats
and Canal.Councilmember Coontz expressed concern about walking the school children
from classrooms from the church and the related safety issues and traffic timing issues, which need
to be addressed. She spoke on the lack of specificity for the different areas for visitors
and dropping off children and the need for barricades at different times. She also expressed concern
about the uncertainty of the wall along the west side and the problems associated with wood
fences which don't stand up over time and are not adequate car, sound and light barriers. She also
asked for assurance that this school would not be used as a middle school in
the future.Councilmember Cavecche clarified a statement in the traffic study that the
average vehicle occupancies for both incoming and outgoing traffic is a little over 2 persons per
vehicle entering the parking lot and about 1 person per vehicle exiting, which translates to one
person dropping one child off at school. It was pointed out this is probably a worst
case scenario.Mayor pro tem Alvarez expressed concern about the circulation and the drop off areas
for the children; and suggested looking at different scenarios for exiting onto Heim. He asked
what the capacity of the school was when originally built as a neighborhood school and at what
point is the school determined to be too big for
the
neighborhood.
CITY COUNCIL MINUTES January 28,2003
13. PUBLIC HEARINGS (Continued)
The Community Development Director reported the standards to determine ultimate capacity
include issues such as number of students, parking and FAR (floor area ratio). The FAR for this
project will be at 1.6 with the expansion, which is well below the allowable FAR of 4.0 for this
type of use.
TAPE TWO
MAYOR MURPHY OPENED THE PUBLIC HEARING
Appellant
Leslie Fauquet, 2543 N. Dunbar, Appellant, submitted pictures of her back yard which backs
onto the school property and pictures of her children who play in their back yard. She spoke on
problems associated with the proposed increase in traffic; air quality; the fact that this school is
completely surrounded by a residential neighborhood; and asked that an EIR be prepared to test
for air quality.
Cutberto Carbahal, 2055 N. Dunbar, Appellant, also spoke on air quality problems associated
with the school expansion.
Regis Fauquet, 2543 N. Dunbar, Appellant, spoke on air quality problems, increased traffic,
construction of a new gymnasium, and concern with this school eventually adding middle school
grades.
Linda Kirchoff, 1102 E. Amber, representing the Appellant, submitted statistical information on
the size of schools within the Orange School District; stating the proposed school is too large for
this site.
TAPE 2 -600
Applicant
Pastor Martin, St. Paul's Lutheran Church, showed a map of the surrounding neighborhood with
those residents in favor and those in opposition to the project. He stated the proposed density of
their school is lower than other private schools, the proposed gymnasium is to keep the children
on campus and it is not their intent to use the gymnasium for outside groups. He stated they have
made improvements to the school with this project and have made concessions on the project
after meetings with the neighborhood and the Planning Commission.
Council asked about plans for overflow parking for special events; about the proposed parking
spaces and if that will be used for the teachers as well; asked about the preschool; the capacity
for the proposed gymnasium; and how many special events they anticipate per year.
Pastor Martin stated they propose to have overflow parking on the basketball courts for special
events if necessary; the proposed gymnasium will seat approximately 200; they have no plans to
rent out the gymnasium to other groups; and they anticipate approximately 5 special events per
PAGE 18
CITY COUNCIL MINUTES January 28,2003
13. PUBLIC HEARINGS (Continued)
year. He stated the teachers will be parking in the proposed 121 parking space area. The school
has traditional scheduling which shuts down in the summer; they do provide day care both before
and after school; and the preschool is down the street on the church property.
Note: Mayor pro tem Alvarez left the dais at 9:30 p.m. and returned at 9:35 p.m. TAPE 2 - 950 The
following people spoke in favor of the Appeal. Their concerns include the size of the proposed
gymnasium and impacts to air quality and general quality of life.Hans
Langer, 2529 N. Dunbar St.Cynthia
Wineinger, 6236 E. Coral Circle Harvey
Kirchoff, 1102 E. Amber Ave.The
following people spoke in opposition to the Appeal. Their comments include the need for good
quality schools; the school has implemented a traffic management plan and good neighbor policy
and is working with the neighborhood; the density is less than other schools in similar areas;
and the air quality will not be affected by this expansion.Al
Boehner, 8891 N. Canal Ade
De Blasio, representing family member at 2566 Torres Lynn
De Blasio, 1501 E. Candlewood - read a letter from her mother who resides at 2566 Torres Nichola
Clift,
2630 N. Dunbar Street, Student Body President ofSt. Paul's School Cynthia Neben,
1301 E. Adams, Student Body Vice President ofSt. Paul's School Doug Hamilton,
address on file Kari Loll,
327 E. Taft Avenue, Assistant Principal ofSt. Paul's School Jim Beaudoin,
3807 E. Ridgeway Rd., Principal ofSt. Paul's School- submitted pictures of Terry Sherry,
6319 E. Abbeywood Street, President of Church Congregation Rebuttal Leslie
Fauquet,
Appellant, pointed out the school does have a summer school session; children come from
other areas outside of Orange; this is a unique area in that the school is completely surrounded by
residential; and submitted a map showing developed areas for the project. She submitted signatures
from those opposed to the plan who live in the neighborhood and are not necessarily church
members.MAYOR MURPHY
CLOSED THE PUBLIC HEARING TAPE 2 - 2130 Council Comments Councilmember
Coontz agreed
the school provides a quality education, but the Council needs to look at health
and safety issues for the entire community. Concern was expressed about the density and number
of buildings and the fact that the traffic management plan does not yet PAGE 19 T
CITY COUNCIL MINUTES January 28,2003
13. PUBLIC HEARINGS (Continued)
include specific details. Councilmember Coontz wanted to ensure the congestion management
plan was part of the school's good neighbor policy and something that will be in place regardless
of who is managing the school. Additional information was requested on special events to
ensure that special events were included in the mitigation measures; and asked that the block
wall issue on the west side of the property be tightened up.
Mayor pro tem Alvarez expressed concern about the mitigation plan and did not like the
circulation plan. He suggested the circulation plan should have incorporated dropping the
children off next to the school so they can walk straight into the school. Concern was expressed
about the capacity, asking where the City draws the line on the total capacity. He also compared
the potential traffic problems to those at Villa Park Elementary, which has been an ongoing
problem for years.
Councilmember Ambriz stated there are still a lot of unanswered questions that need to be
addressed, stating that Heim is not a user friendly street and will get worse once more traffic is
added. He was also concerned with the school's compatibility with the community.
Councilmember Cavecche agreed the school expansion could result in traffic problems similar to
those at Villa Park elementary, and did not see a comparison to other Lutheran schools as this is
the only school completely surrounded by residential. Councilmember Cavecche stated she
believed in Christian education and believes in parents having the choice to have their children in
Christian schools. She has children in both public and private schools; and drives her own
children to a commuter Christian school every day, so was very familiar with the types of traffic
problems that can occur and what it takes to get that many children in and out of a school. She
was concerned that a school of this size is not appropriate for the neighborhood, that the
additional cars every day will negatively impact the neighborhood and wanted to see the traffic
management plan before the project was approved.
Mayor Murphy agreed with the concerns expressed about the details and traffic management
issues. He would like to see the traffic management plan and how it relates to the good neighbor
policy; and also did not like the circulation plan for dropping off children. It was pointed out the
type of wall on the west side of the property was up to the homeowners to decide. Mayor
Murphy stated the Council can uphold or deny the appeal, or give the applicant an opportunity to
create a traffic management plan and address the issues that been raised, including traffic
management, safety, special events, the wall, circulation and capacity issues.
The applicant agreed to a 30 day continuance.
Councilmember Cavecche stated the applicant may have to bring back a plan with less students,
otherwise there will still be too many cars in the neighborhood; or would have to make major
changes in the traffic management plan to mitigate the impacts.
The City Attorney stated the public hearing can be reopened at a subsequent meeting but would
be limited only to the new issues brought forth.
PAGE 20
CITY COUNCIL MINUTES January 28, 2003
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to continue
to February 25, 2003, to receive back a traffic management plan and responses to the
rest of the inquiries made by the Council at this hearing.14. PLANNING AND
ENVIRONMENT - None.The Council recessed at
10:40 p.m. to a Closed Session.15. ADJOURNMENT MOTION - Cavecche
SECOND - Ambriz
A YES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche The City Council adjourned at 12:40
a.m. in memory of Jim Wood, Code Enforcement Officer for the Department of Public Works.C/(
A'AU;f CASSA1'.'DRA J.
HeART, CMC CITY CLERK
j) (Yh ;MARK A. MURP-;
ff MAYOR
PAGE 21