HomeMy WebLinkAbout2_25_2003 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 11,2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 25,2003
The City Council of the City of Orange, California convened on February 25, 2003 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E, Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Father Heath, La Purisima Catholic Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Alvarez
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Orange County
Transportation Authority Board Member Bill Campbell, Supervisor, 3'd District, presented
a check in the amount of $652,522,50 to the City of Orange for the La Veta Avenue
Widening,Government Finance
Officers Association Distinguished Budget Presentation Award for FY 2002/
03 was presented to Irma Hernandez and Barbara Messick, City Manager's Office, and
Leila Hoopii, Finance Department.Dedication of
Library books and recognition given to the three Rotary Clubs of Orange for their
participation in Rotary International's gift of 1,750 children's books from around the world.
This gift to the City establishes an International Children's Book Collection at the Main
Library. Bob Gallagher, Orange Rotary; John Bouyer, Orange Sunrise Rotary;and Howard
Glasser, Orange North Rotary were present on behalf of the Rotary Clubs,Proclamation was
presented to Cliff Nelson, Orange North Rotary, World Understanding and Peace
Week, February 23 - March I, 2003,The following employees
received Service Awards: David Holz - Police (not present);Mark Bailey - Police; Don
Huddleston - Public Works (not present); Mark Ouellette -Public Works (not present); Elizabeth DeMara - Library;
John Karell - Fire; and Doug Mochizuki - Fire,Mayor Murphy introduced BoyScout Troop 51
from St. John'
s Lutheran School.PAGE 1
CITY COUNCIL MINUTES February 25, 2003
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Mayor Murphy announced the Council will adjourn in memory of Lewis Silvers, citizen
of Orange. Councilmember Alvarez presented a Memorial Adjournment Certificate to
Mrs, Judy Silvers and announced February 25, 2003 be Lewis Silvers day in the City of
Orange.
2. PUBLIC COMMENTS - None.3.
CONSENT CALENDAR TAPE 670 All
items on the Consent Calendar are considered routine and are enacted by one motion approving
the recommended action listed on the Agenda. Any member of the City Council,
staff or the public may request an item be removed from the Consent Calendar for
discussion or separate action. Unless otherwise specified in the request to remove an item
from the Consent Calendar, all items removed shall be considered immediately following
action on the remaining items on the Consent Calendar,3.
1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda
of a regular meeting of Fehruary 25, 2003 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,summarized
on Time-Warner Communications and available on the City's Website
www.cityoforange.org, all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated February 6 and 13, 2003.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, February 11, 2003.
ACTION:Approved, as corrected.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved,
3.5 Receive and file the City Treasurer's Report for the period ending January 31,
2003.
ACTION:Received and Filed,
PAGE 2
CITY COUNCIL MINUTES February 25,2003
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Approve plans and specifications and authorize advertising bids for the Asphalt
Replacement Contract at Fire Station No. 2/Wanda Collins Reservoir, 2930 E.
Collins Avenue, Orange, CA 92867. (C2500.S.7)
SUMMARY: Plans and Specifications have been completed for the Asphalt Replacement
at Fire Station No, 2/Wanda Collins Reservoir Site, The project is ready to be advertised
for bids.
ACTION: Approved Plans and Specifications and authorized advertising bids for the
Asphalt Replacement at Fire Station NO.2/Wanda Collins Reservoir.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program for the
Water Division and are available in the following account:
601-8011-485100-8911 60,000.00
Pavement Replacement-Wanda Collins 3.7 Purchase a total of nine (9) miscellaneous vehicles from
four (4) different dealers per Bid No.
023-17. (C2500.M.7)SUMMARY: Purchase the following
vehicles from dealers as indicated:One (I) Ford F450 cab and chassis from Ford
of Orange $ 24,766.05 One (I) Ford F350 Service truck from
Wondries Ford $ 23,955.35 Three (3) Ford FI50 pickups from
Villa Ford $ 55,224.06 Three (3) Ford Explorersfrom
Villa Ford $ 76,015.44 One (I) Chevrolet Suburban from
Wondries Chevrolet $ 38.213.
89 Total $218,174.79 Per Bid No. 023-17 to replace current units in
the Public Works,
Fire, Police, and Community Services Departments.Note: Mayor Murphy abstained due to a conflict
of
interest involving his wife's employment.ACTION: 1) Authorized the purchase of nine (
9) miscellaneous vehicles in the amount of $218,174,79, 2) Authorized the City Manager to
surplus
the replaced vehicles at an auction.FISCAL IMPACT: There are
sufficient funds in
account number 720-5023-472102 Motor Vehicle Replacement.3.8 Approve plans and specifications
and authorize advertising for bids for the Exterior Painting of the Water Plant, located
at 189
South Water
CITY COUNCIL MINUTES February 25, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Plans and specifications have been completed for the Exterior Painting of
the Water Plant. The proposed proj ect will improve the deteriorating painted exteriors of
the various buildings and facilities at the Water Plant.
ACTION: Approved Plans and Specifications and authorized advertising bids for the
exterior painting of the Water Plant.
FISCAL IMP ACT: Funds are budgeting in the Capital Improvement Program for the
Water Division and are available in the following account: 601-
8011-481200-9832 40,000.00 Water
Plant Exterior Painting 3.9
CLAIMS (C3200.0)SUMMARY: The following claim(s) have been received and investigated
by the City Attorney's Office and/or the Risk Manager. After a thorough
investigation with the involved departments, it is the recommendation of the City Attorney's
Office that the claim(
s) be denied.
a. Donald Wolf ACTION: Denied Claim(s) for damages and referred to City
Attorney and
Adjuster.PROPERTY SALE 3.10 Sale of excess property on West Chapman Avenue. (
A2100.0 AGR-4223)SUMMARY: This is a sale of excess vacant land on West Chapman
Avenue, west of the 5 Freeway and adjacent to the UCI Medical Center. The parcel
is being sold
for 72,743.00,ACTION: Authorized the Mayor and City Clerk to execute
a Purchase Sale Agreement and any related escrow papers with The Regents of the University
of California for a 12,456 square foot vacant parcel located on the south side
of West Chapman Avenue between the 5 Freeway
and The City Drive,FISCAL IMPACT: Funds are to be deposited into Account No,
271-291100 Sale
of
Real and Personal Property,PURCHASES 3.11 Purchase of physical fitness
equipment through a
cooperative purchasing agreement. (C2500.H)SUMMARY: This is a request that the City
Council authorize purchase of eight stairclimbers, seven exercise bikes, and eight treadmills
for the Fire Department through a cooperative purchasing agreement in the
amount of$
61,
CITY COUNCIL MINUTES February 25, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Authorized purchase of eight stairclimbers, seven exercise bikes, and eight
treadmills from Nautilus HPS, Inc. in the amount of$61,027.00.
FISCAL IMP ACT: Sufficient funds in the amount of $117,000 are budgeted and
available in Account No. 100-
3021-
471301-2522,RESOLUTIONS 3.12 RESOLUTION NO. 9701 (
S4000.S.4)A Resolution of the City Council of the City of Orange temporarily
closing sections of public streets for
approved special events.Note: Councilmember Alvarez abstained due to property ownership at
131 S. Glassell and
60 Plaza
Square,ACTION: Approved.3.13 RESOLUTION NO. 9705 (
C2500.J.4)A Resolution of the City Council of the City of Orange expressing
appreciation to Mark Paone of the Design Review Committee for over three years
of dedicated
service.ACTION: Approved.
MOTION - Coontz SECOND -
Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Mayor Murphy abstained on Item 3.7, Councilmember Alvarez abstained on Item 3.12.
All other items on the Consent Calendar were approved as recommended,
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.5.
REPORTS FROM COUNCILMEMBERS - None.PAGE 5
Tn ..-------------..-- ----..------"
CITY COUNCIL MINUTES February 25, 2003
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Investment Oversight Committee Second Quarter Report for the Quarter Ending
December 31, 2002. (OR 1800.0.27.16)
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Received and
Filed,7.ADMINISTRATIVE REPORTS
TAPE 800 7.1 Report
from the Economic Development Director regarding a Benefit Resolution and Cooperation and
Reimbursement Agreement for a Public Works project (West Chapman Widening). (RA2100.
0 AGR-4224)SUMMARY: Orange
Redevelopment Agency reimbursement to the City of Orange of the Agency share
of costs incurred to widen West Chapman Avenue between the Orange Freeway SR57) and
Main Street. (See ORA Minutes Item No. 7,1)Mr. Jim
Reichert, Sr. Project Manager, provided a report,Councilmember Ambriz
pointed out the Economic Development Department had held public meetings on
the West Chapman widening project in 1998 and 2000.RESOLUTION NO.
9702 A Resolution
of the City Council of the City of Orange approving and authorizing the execution of a
Cooperation and Reimbursement Agreement by and between the City of Orange and the Orange Redevelopment
Agency for the construction of public improvements - widening of West Chapman Avenue between
the Orange Freeway (SR57) and Main Street.MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche ACTION: Approved.7.2 Appropriation of
Assembly Bill (
AB) 3229 grant money for the purchase of Police Department patrol vehicle computers. (C2500.K)
SUMMARY: AB 3229 makes funds available
under the Citizen's Option for Public Safety COPS) Program in the Governor's
budget and historically the City has allocated the monies to purchase equipment and fund front line
police services, Effective May 2002, new spending regulations were enacted, Instead of carrying-
over all unspent funds, jurisdictions are only PAGE 6 T - -~-, -~- ----
CITY COUNCIL MINUTES February 25,2003
7. ADMINISTRATIVE REPORTS (Continued)
allowed to carryover the current year's allocation, The carried over funds must be spent no later
than June 30th of the following fiscal year, If the funds are not spent they must be remitted to
the State Controller's Office. There is $235,100,75 of available AB 3229 monies (Fund 354)
that needs to be appropriated and expended before June 30, 2003, The Department would like to
use these funds to purchase replacement computers for the patrol vehicles.
NOTE: Mayor Murphy abstained due to an employment conflict; and left the dais.
The Police Chief provided a report,
Councilmember Alvarez clarified this is a state funded program with a time limit for expenditure
of the funds.
Councilmember Ambriz asked for a report on the disposition of the old computers and wanted to
ensure the computers were completely erased.
The Police Chief will provide a report back to the Council on the disposition of the old
computers,
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Coontz, Cavecche ABSENT - Mayor Murphy
ACTION: Approved the appropriation
of $235,100.75 in unreserved AB 3229 funds to account number 354-4021-471301
for the purchase of 40 patrol vehicle computers.NOTE: Mayor
Murphy returned to the dais.TAPE 1070 7.3
Report from City Attorney regarding Hanson Aggregates West operations (A4000.0 APP-488-
02)
The City Attorney provided a report, indicating he had just received an update that day from
Hanson Aggregates on their Good Neighbor Plan, The two biggest issues still are screening and
dust; and there is some disagreement between the City and Hanson on what is required for
screening, The City will be following up on all issues, and may have to issue a citation on the
screening, The City Attorney's Office will also follow up on a contention that the operation
ceased for more than six months, which mayor may not jeopardize Hanson's legal non-
conforming status.
Mayor pro tern Cavecche noted the report states the trucks are still unloading raw cement,
indicating the crusher will probably be back at some time, She asked if there was a way the City
can do a measure-off on where that crusher can be put if it does come back on site; and
wanted assurance it will be 750 feet away from residential
properties.PAGE
CITY COUNCIL MINUTES February 25, 2003
7. ADMINISTRATIVE REPORTS (Continued)
The City Attorney stated as one of Hanson's proposed management practices, they have
proposed to move the rock crusher further away from the residents, irrespective of whether they
think it is in compliance or not. Hanson has to keep the crusher 750 feet away from residences
or 400 feet if it is below ground level; and the City needs to make sure it does not impact any
residences.
Councilmember Alvarez stated it needs to be made clear, through the City Attorney's Office, that
the definition of compliance is coming from the Council. There are guidelines Hanson needs to
follow and the City expects that to happen. The City attorney needs to make it clear to Hanson
that they need to comply to City standards and there are no compromises. Also, screening
involves other issues such as screening along Santiago Canyon Road, screening for the large
mounds of aggregate that is being piled up; and asked about the location of the piles of aggregate
and setback requirements. These issues need to be spelled out as clear as possible, Hanson also
needs to address dust control.
The City Attorney explained the violation process. If a violation is found, a notice of violation is
sent out and the property owner is given 30 days to comply. Ifno attempt is made to correct the
problem then a misdemeanor complaint is filed.
Councilmember Coontz asked that the Council be provided with a report outlining the
procedures and time elements involved.
MOTION - Cavecche SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to receive
and file the report,8. REPORTS FROM
CITY MANAGER 8.1 Fiscal
Year 2002-03 Mid-Year Budget Adjustment (C2500.J.1.1)SUMMARY:
This report requests City Council authorization of a FY 2002-03 mid-year
budget transfer of $821,036.88 in Fund 272 (Gas Tax), resulting in a reallocation of funding for
six Capital Improvement projects and release of the General Fund appropriations in this
same amount, thereby returning these funds to General Fund unappropriated reserves. In addition,
the City Council is requested to approve an appropriation of $300,000 from Fund 730 (
Workers Compensation) reserves to pay for higher than expected medical benefits and a January
2003 legislative increase in benefits for Workers Compensation Claims, Lastly, authorization
is requested for an appropriation of $130,000 from Fund 220 reserves (Sanitation Fund) for
tree removal services related to the recent
windstorms.The Assistant City Manager provided a report, In response to questions from
Councilmember Coontz, he explained the City will be moving the Gas Tax money, previously applied to
the PAGE
CITY COUNCIL MINUTES February 25,2003
8. REPORTS FROM CITY MANAGER (Continued)
Chapman Widening project, to General Fund projects; and the Chapman Avenue widening will
now be funded using Redevelopment funds.
Councilmember Coontz also asked about the timeline for the Chapman widening project.
Roger Hohnbaum, Assistant City Engineer, reported the first phase was started this past summer,
with the under grounding of the overhead utilities, The actual widening will begin probably after
the next fiscal year,
In response to questions by Councilmember Alvarez, the Assistant City Manager further reported
a full report on the recent wind damage will be coming to Council.
MOTION - Coontz SECOND -
Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Moved to:
1. Transfer $821,
036,88 from 272-5011-483300-4038 (Chapman Widening - 57 Fwy- Main)into
the following accounts:105,
899.79 Fund 272-5011-483300-3417 Newport Avenue
Street Rehabilitation 164,120.37 Fund 272-5011-
483300-3423 Hewes Street Rehabilitation 126,922.62
Fund 272-5011-483300-3908 Yorba Street Rehabilitation 156,
086.85 Fund 272-5011-483300-4021 Wanda
Road Street Rehabilitation 268,007.25 Fund 272-5011-483300-4029 Prospect Street Rehabilitation 2,
Release the General Fund appropriations for
these same projects as follows and returned the funds
to unappropriated General Fund reserves:105,899.79
Fund 500-5011-483300-3417 Newport Avenue Street
Rehabilitation 164,120.37 Fund 500-5011-483300-3423
Hewes Street Rehabilitation 126,922,62 Fund 500-
5011-483300-3908 Yorba Street Rehabilitation 156,086,85 Fund 500-5011-
483300-4021
Wanda Road Street Rehabilitation 268,007,25 Fund 500-5011-483300-4029
Prospect
Street Rehabilitation
3,
Appropriate $
300,
CITY COUNCIL MINUTES February 25, 2003
9.LEGAL AFFAIRS TAPE 1545
9.1 ORDINANCE NO. 6-03 (FIRST READING) (A2500.0
ORD-6-03)An Ordinance of the City Council of the City of Orange Amending Chapter 10.06
of the Orange Municipal Code regarding the
City Traffic Commission.
MOTION - Coontz SECOND -
Cavecche AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 6-03 be read by title only and same was set for second reading by
the preceding
vote.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED
SESSION The City Council recessed at 5:33 p.m, to a Closed Session for the following
purposes:a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case).
b, Public employee performance evaluation pursuant to Government Code Section 54957: City
Attorney
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Judy Schroeder, address on file, expressed concern and commented on the transfer of the Orange
YWCA to the Boys and Girls Club.
John Baker, 1051 Arbor Way, asked about the role of Councilmembers as Directors of the
Redevelopment Agency.
Mary St. Marseilles, 1060 Arbor Way, spoke on the small print on the back of the Planning
Commission Agendas regarding Appeal procedures, and asked that the print be enlarged.
Scott Bottomley, 1005 Arbor Way, spoke about general conflicts of interest for public officials;
and thanked Councilmember Alvarez for stepping down at the last hearing on the Citrus
Apartment proj ect due to a conflict of interest.
PAGE1Q
j-
CITY COUNCIL MINUTES February 25,2003
12. PUBLIC COMMENTS (Continued)
Brian Lochrie, 360 N, Pine, spoke on the sale of the Orange YWCA building and the agreement
with the Boys and Girls Club.
13.PUBLIC HEARINGS TAPE 2120
13.1 APPEAL NO. 489-02 - CONDITIONAL USE PERMIT NO. 2410-02,
MITIGATED NEGATIVE DECLARATION NO. 1692-02 (ST. PAUL'S
LUTHERAN CHURCH),REGIS AND LESLIE FAUQUET; AND CUTBERTO AND
SUSANA CARBAHAL A4000.0
APP 489-02)The public hearing to consider an appeal of the Planning Commission's approval of
a request by St. Paul's Lutheran School for Conditional Use Permit No, 2410-02 to 1)
allow the expansion of the existing school campus in a residential zone as follows: expand to
three classrooms per grade and increase the number of classrooms at the school, 2)
Master Plan implementation involves construction of a new gymnasium/multi-purpose facilities,
3) renovations and expansion of existing play areas and athletic amenities, and 4) expansion of the
existing parking lot and drop off area and driveway relocation has been continued from January
28, 2003. St. Paul's Lutheran School campus is located
at 901 E. Heim Avenue.Mitigated Negative Declaration No. 1692-02 has been
prepared for this project in accordance with the provisions of the California Environmental
Quality act per State
CEQA Guidelines Section 15070 et seq,APPELLANTS STATE
THE FOLLOWING REASONS FOR THE APPEAL:We are appealing because we want an EIR. November
18th the City Engineer indicated neither a wall nor landscaping would alleviate the harmful health
effects of exhaust emissions of school vehicles. Residents living next to the expanded parking lot will
be exposed to unknown levels of automotive emissions with no effective protection. An
EIR will answer with empirical evidence,how much emissions would be produced and how the
long-term
exposure to these will affect residents'
health?"Note:
The Public Hearing is closed.Council Ouestions Councilmember Coontz asked about traffic
improvements at Canal and Heim, noting comments were made about these improvements being
made in conjunction with the proposed school project; and asked about proposed changes to
the entrance and exit for the school.The Assistant Public Works Director reported
the signal improvement project at Heim and Orange-Olive was programmed into the City's CIP Budget about
two years ago
and
CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz stated the improvements at Canal and Heim could complicate the issue
of safety on Heim, which is unimproved on the south side. It does not seem logical to improve
one part of the area without improving the rest of it. We have just taken the south portion of
Heim Street into the City, perhaps the improvements to the rest of Heim could come along after
discussions with the residents. This is a long term project, which should include community
meetings, and could be an item for the Council to consider in the future.
The Community Development Director reviewed the newly submitted Traffic Management Plan,
noting St. Paul's School has agreed to staggered starting and ending times for the school,
depending on the grade levels, The school has also looked at improving traffic education and
communication with students and parents and providing nine staff members to monitor various
locations for traffic safety.
Councilmember Alvarez asked if there is a formula for calculating the number of students and
drop off zones and what determines the length of the drop off zone. He asked if the City sets a
standard for number of parking spaces and lengths of drop off zones. He was concerned about
the drop off zone along the west, identified as the teacher parking. This is a danger, because it
invites student to go from that point, cutting across to the school, and wanted to avoid students
having to cut across the lot to the school. Students are still having to move from the center
parking lot area or the faculty parking toward the school.
Councilmember Alvarez expressed concern that the protected zone on the western drop off area
was really not a protected zone; but rather just a striped part of the lot, and has no barrier.
Students are being dropped off between parked cars and moving cars. He suggested students be
dropped off so they can immediately go into the school, so the students are separated from the
cars, He asked if the City requires the drop off zone to be a certain length,
The Assistant Public Works Director stated the City does not have specific standards for this
type of drop off zone; this is done on a case by case basis. The applicant has provided a striped
pedestrian walkway with a staff monitor in place,
Councilmember Alvarez suggested the sidewalk in the middle of the parking area be elevated to
help delineate it form the parking lot.
Councilmember Coontz noted the plan calls for indicator posts and stanchions gomg into
permanent holes in the pavements.
The Community Development Director clarified the applicant is looking at physical delineators
in addition to just striping for the center area.
Mayor pro tern Cavecche asked about the drop off zones and how many cars can line up at one
time in each of the two drop off zones; and how many cars total can fit in that parking lot in the
drop off zone all at once. She also asked if the u-turn at the north side of the lot was
wide enough for cars to pass by other cars that are
parked,PAGE
CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
The Community Development Director indicated there are 9 spaces for the K-2 drop off
zone and 18 for the Grades 3-8 zone. There will be some cars weaving in and out and
the staff monitors will help direct this traffic. She indicated there is enough width in
the u-turn.Darrel Hebenstreit, Architects Orange, representing the Applicant, reviewed
the proposal, stating the school has proposed to reduce the number of students to 648 and will accept a
cap of 650 students. To resolve parking lot issues, they have introduced staggered
times which basically cuts the number of students being dropped off at one time in half. He suggested
that rather than having the circulation zone on the east side of the staff parked cars, they can
move the circulation to the west side of the staff parked cars, He stated that with the substantial
changes to the parking lot, it is more than capable of handling the traffic and the school will have a
high
level of control.Mayor pro tern Cavecche asked where the children will be waiting to
be picked up,Councilmember Coontz stated this is somewhat of a military operation
and asked about identification for cars, as the same parent does not always pick up the children.
She stated these are new ideas and it takes a lot of work to figure out how this is to
be done correctly.Mr. Hebenstreit stated there is a designated zone at the top area ofthe turn around
for picking up children, He also stated the school issues a bright paper sign for cars to place in
their visor with the last name of the student they are picking up, This alerts the monitors on
which child belongs
to which car.Councilmember Alvarez asked why the drop off zones did not extend into the
playground area so children are dropped off and can immediately go into the school, and suggested the
area for the future gym could be a drop off zone until the
gym was built.Councilmember Ambriz suggested moving the staff parking to the middle, since
staff cars will be at the school before and after the children are there, He asked about the two
lanes which enter off of Heim and then merge into one lane. He asked about the new state
law requiring children to be buckled into a car seat until the age of 6, which would require more time for a
child to be dropped off; and what disciplinary actions would be taken
for traffic violations.Mr. Hebenstreit stated the merging of the two lanes to one should not slow down
traffic at the driveway since it is at the back of the stack and the one lane is wider than what
is required by code for a single lane, which allows for plenty ofroom. He stated any
disciplinary action would be determined at the
Church Board level.Councilmember Coontz asked about the outdoor theater, night lighting and if
it IS more
architectural than
functional.
PAGE
CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
Mr. Hebenstreit stated the lighting and amplified sound issues for the amphitheater are covered
in the Planning Commission conditions; and the fundamental reason the amphitheater is there is
because he thought it would be a nice feature, It is behind the gymnasium at a natural grade
break. It is an amenity and not operational to the school.
Councilmember Coontz stated that since this is a Conditional Use Permit, she suggested having a
yearly review on the mitigation monitoring program to know what progress has been made for
the sake of the neighbors, the school and city. Staff needs to conduct a yearly review with a
report to Council, and then Council can decide if further review is necessary each subsequent
year,
Mr. Hebenstreit stated the Applicant would not have an objection to a yearly review.
MAYOR MURPHY RE-OPENED THE PUBLIC
HEARING The following people spoke in opposition to the proposed project. Their comments include:
too many cars, even with staggered drop off times; Heim is an inadequate narrow road with
too much traffic already; extra curricular activities need to be monitored; and don't want to have
to depend on staff monitors for traffic
safety,Linda Kirchoff, 1102 E,
Amber Harvey Kirchoff, 1102 E,
Amber Richard Drake, 2618 N,
Dunfield Stephanie Lafon, 2619 N,
Delta Max Lyset, 2619 N.
Delta John Baker, address on
file Janet Gallegos, 2556 N.
Torres Mr. Bruce Patrick, 1733 N. Modoc, spoke in favor of the proposed
project.Mr. Roy Shebazian, 3808 E. Palm, asked that provisions be included for busing and
carpooling;and safe bike lanes be
provided,Leslie Fauquet, Appellant, provided a model of the parking lot (not to scale) based on
the proposed plan, She expressed concern about the traffic safety issues; the change in
the basketball court location; monitoring children's safety during after school events; and
traffic enforcement. She stated this is too drastic a change for the
neighborhood.Councilmember Ambriz commented on the Perimeter Fence/Block Wall Exhibit, noting
certain residents who favor a block wall, do so only if the project is
approved.Councilmember Alvarez asked how the total number of students was
determined.PAGE
14
CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
Mr. Hebenstreit stated the school currently has 475 students, with two classrooms per grade for
grades 2 through 8, They are proposing 3 classrooms per grade for K through 8, with a total cap
of 650 students.
Mayor Murphy clarified that the drop off is currently at one time and not staggered; and with the
new proposal, the total number of students would go up, but the number of cars dropping
students off at one time would actually go down,
MAYOR MURPHY CLOSED THE PUBLIC HEARING TAPE 5480
Councilmember Alvarez expressed concern on the proposed size of the school and the impacts of
the additional 175 students. He asked about reducing the number of students, and making
changes to the parking lot area and traffic flow,
Councilmember Coontz also expressed concern on the number of proposed students, as this was
originally built as a neighborhood school with a maximum number of 600 students. The parking
drop off program is now a military operation and everybody has a part to play. This is a long
term commitment and the Council needs assurances that the programs will continue. She stated
she did not appreciate the newsletters regarding the neighbors, that it is important to know what
the neighbors think. She had originally asked for the Traffic Mitigation Plan which now needs a
review process,
Councilmember Ambriz stated the proposed size of the school and subsequent traffic impacts is
an issue, He stated the newsletters were borderline offensive and he did not like the attack views
on the neighbors,
Mayor pro tern Cavecche complimented St. Paul's and the architects for a very well done Traffic
Mitigation Plan; but even with a good plan, there are still too many cars for the parking lot and
the site.
Mayor Murphy stated the plan could work with some changes, such as raised sidewalks in the
parking lot and restructuring the drop off zones, He asked if St. Paul's wanted a decision on the
existing plan or if they were open to reducing the size of the project.
It was suggested to recess to allow the applicant time to determine if they could agree on changes
to the proposed plan.
The Council recessed at 9:15 p.m, and reconvened at 9:30 p,m.
Terry Sherry, representing the Applicant, stated in order to have 3 classrooms per grade, the
school can not go below a certain number of students; and proposed lowering the student cap to
594 which is 22 students per classroom. With the staggered start times, there will be an average
of 300 students showing up at each peak time. Currently there are 480 students at the peak drop
PAGE 15
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CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
off time. He stated the school will not reach capacity until probably 2009, adding an
approximate 20 students each year until that point He agreed to work with the City each year, or
even every six months, on the Traffic Management Program to develop the best traffic situation,
The proposed gymnasium will also help alleviate traffic, as it will eliminate having the children
walk to the church every Wednesday morning for chapel.
Councilmember Alvarez stated 594 would be an acceptable level for student capacity, along with
the other proposed changes to the existing parking lot layout. He suggested placing the sidewalk
against the west property wall; moving the faculty parking to the center as much as possible so
the transition of cars and students will happen against the west parking area; increase the drop off
zone from essentially going north from the handicap area to follow the school along the multi
purpose building making its way north to in front of the proposed gymnasium all the way up to
the crest of the queue and stop it at that point. The athletic area has changed with the basketball
courts having been moved to east property line; and he asked for some sort of screening besides
the block wall fence, such as trees, to help with the relocation of basketball courts,
Councilmember Alvarez stated the gymnasium is a good addition to the school; and thanked the
school for disclosing school events, The special events are going to be smaller in nature than
ones at most other schools; and it is important to note that the school is preparing for their special
events.
TAPE 6770
Councilmember Coontz appreciated the reduction in the number of students and the school's
willingness to change the parking and circulation; but did not want to redesign the proj ect any
further, She asked to include a condition for a perimeter block wall and a yearly review of the
traffic mitigation monitoring plan to see how progress is made. She suggested this traffic plan be
sent to the Council, from staff, as an information item, and then the Council can decide after the
first year if they need to see it in subsequent years,
Mayor Murphy suggested moving the faculty parking to the western half of the center area now
identified as parking and drop off stalls and using the outside stalls for a ten minute drop off area
for parents who would then walk that sidewalk all the way around to the school. This can be
looked at as an alternative and subject to approval administratively. The applicant has provided
a good list of after school events and any major changes would have to come back for approval
and could be part ofthe yearly review process.
TAPE TWO
Mayor Murphy stated he was confident this was a doable project with the reduction in number of
students and changes to the traffic and parking plan.
Councilmember Alvarez also asked for a condition to elevate the sidewalk in the center of the
parking lot area.
Councilmember Coontz asked staff to bring back future street improvement plans for Heim,
including proposed signals; and agreed this is an issue that needs to be addressed separately.
PAGE 16
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CITY COUNCIL MINUTES February 25,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Ambriz clarified that if the project is approved, the final authority for the Traffic
Mitigation Plan will be with staff, subject to the parameters designated by Council.
Councilmember Coontz also wanted to clarify that the Good Neighbor Policy is part of the
Traffic Mitigation Program. The applicant indicated it was.
MOTION - Murphy SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz NOES - Cavecche Moved
to determine that
no additional environmental documentation beyond Mitigated Negative Declaration No, 1692-02,
prepared in accordance with Article 6 of the State CEQA Guidelines,is needed for
the proposed project based on the findings of the Mitigated Negative Declaration prepared for the
proposed project.MOTION - Murphy SECOND -
Coontz A YES -
Alvarez, Mayor Murphy,
Coontz NOES - Ambriz, Cavecche Moved to deny
Appeal 489-02, but
condition the project with the following stipulations:Student emollment cap of 594 Changes
to Traffic Management Program to
include adding a sidewalk along the west property line wall, adjacent to the
parking lot, up to the turning radius; moving the faculty parking to the center as much
as possible so the transition of cars and students will happen against the west parking area; increase
the drop off zone from the southern most part of the handicap parking area to the top
of the turning radius; and raising the sidewalk in the center of the parking area; with authority
left to staff to make a final determination on the alternatives discussed,Add trees or some
sort of
screening, besides the block wall fence, adjacent to the basketball courts which have been moved to
the east property line.Construction of perimeter block wall along
the western property line.A Yearly Traffic Management Program, including
Good Neighbor Policy, to come back for review 12 months from date of
Building Permit issuance, with an informational report to Council after consideration by the staff;
the Council can decide whether or not they wish to review the report each year.The
list of after school events
and any changes are to come back as part of the yearly review,The Council recessed at 9:55
p.m. and reconvened at 10:00 p.m.PAGE1?T
CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
13.2 GENERAL PLAN AMENDMENT NO. 2002-0002, ZONE CHANGE NO.
1214-02,CONDITIONAL USE PERMIT NO. 2428-02, MAJOR SITE PLAN
REVIEW NO. 259-02,MITIGATED NEGATIVE DECLARATION NO.
1704-02 - ORANGE HOUSING DEVELOPMENT CORPORATION (CITRUS
COMMUNITY APARTMENTS) (
C2300.E GPA 2002-0002)The public hearing to consider a request for construction
of a 29-unitmulti-family affordable housing development, on 1.45 acres, to provide housing
for low and very low income residents,upon property located at the northwest corner of
West Chapman Avenue and Citrus Street (1103 W. Chapman Avenue)
has been continued from Febrnary 11, 2003.General Plan Amendment No. 2002-0002
to change the existing land use designation from General
Commercial (GC) to Low Medium density Residential (LMDR);Zone Change No. 1214-02 to change
the existing zoning
from General Business (C-2) to Multi Family Residential )R-3);Conditional Use Permit No.
2428-02 to allow the density
bonus under the R-3 zoning category as well as additional development incentives;Major Site Plan
Review No. 259-
02 to allow development of more than 6 residential units on one parcel
ofland;Mitigated Negative Declaration No. 1704-02 has been prepared for this project
in accordance with the
provisions of the California Environmental Quality Act per
State CEQA Guidelines Section 15070 et seq.Note: The public hearing is open.TAPE 2-
200 Councilmember Alvarez stated the company he works for owns property on Lime Street which is within the
500 foot rule. He explained the conflict of interest rules are there to help the Council make
decisions on whether there is a potential gain or loss for personal property or anything they own. As he
stated before, he asked the City Attorney to have an appraiser look at the project and the property
he shares an ownership in to determine if there was a value that would be impacted.The appraisal did not
help as much as he hoped it would; however there is still the 500 foot rule.In order to be
fair and uphold the integrity of the office, he felt it
would be necessary to conflict out. He wished everybody
the best ofluck and left the dais.MAYOR MURPHY REPORTED THE PUBLIC HEARING WAS STILL
OPEN The following people spoke in favor of the proposed project. Their comments included: there is
a need for quality affordable housing; opposition is based on fear; this project
helps Orange meet Housing Element goals; the project meets City standards; potential residents are
already in
CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
Janine Ingram, 219 S. Lincoln
Sister Nancy O'Conner, Sisters of St. Joseph, 480 S. Batavia
Sister Marie J. Gailac, Sisters of St. Joseph, 480 S. Batavia
Darlene Alvarez, address on file
Tara Brewer, 3045 Craig Dr.
Sister Marie Leschure, Sisters of St. Joseph, 460 S. Batavia St. did not speak
Scott Parker, 1040 N. Elizabeth PI.
Sister Rose Marie Redding, Sisters of St. Joseph, 480 S. Batavia St.
Toni Carlton, 3106 Hillcrest St.
The following people spoke in opposition to the proposed project. Their comments included:
schools are already overcrowded; increase in traffic; more room is needed for children to play;
residential use is not appropriate for Chapman Avenue; density is too high; West Orange is over
built; those in favor of project do not live in the neighborhood; and conflict of interest from those
Councilmembers sitting on the OHDC Board.
Rick VanBeyner, 124 N. Jewell Place
Cynthia Martinez, address on file
Scott Sheeks, 157 N. Citrus, passed out copies of OMC code sections, citing violations in
project
Barbara Mantor 1212 W. Acacia Place
Kim Minter, 180 S. Lime St
Pam Peterson, 172 S. Lime St.
Ron Peterson, 172 S. Lime St.
Dean Smith, 1006 Arbor Way
Christine Smith, address on file
Bruce Villott, address on file
Julie Williams, 141 N. Citrus St.
John Mayes, 737 N. Highland
Teresa Rico-Sanchez, 1024 W.
Almond Art Ramirez, address on
file Joan Liermann, 1041 Arbor
Way Denise Egell, 126 N.
Citrus Keith Guenther, 165 N. Citrus
St.Michael Okuma, 173
Jewell Ann Heustead, 116 N.
Jewel The City Attorney clarified comments made about possible conflicts of interest
with Councilmembers also sitting on the OHDC Board. He explained OHDC was created by the
City and the seed money that was given to create OHDC was there for the purpose that OHDC
would help the City further its affordable housing goals. The OHDC by-laws also provide
that two Councilmembers shall sit on the Board, and the primary purpose of that provision
was that OHDC Board members could get some input from the City Council at the OHDC
Board meeting
PAGE 19
CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
level and also so Councilmembers could monitor the OHDC activities. There are any number of
committees and boards that Councilmembers sit on in a dual role, and often by state law
requirements. There has to be some level of interest by elected officials in issues that are before
them. In general, the law states that only in cases where there is a financial conflict that the
interest is deemed to outweigh the public interest in having their elected officials represent them.
He also explained the Councilmembers are ex-officio board members on the OHDC
Board,which means they are unpaid and have no voting
power.The City Attorney further clarified comments made about campaign contributions, in
that campaign contributions are not considered a source of conflict. TAPE 3 - 725
In response to questions about a potential conflict of interest for Councilmember Alvarez in
voting for the contract for this property, the City Attorney explained there is a potential for a
conflict, so the contract will be brought back for City Council action in two weeks. This contract
will be brought back whether or not this project is approved. The contract itself provides
scenarios where the project is and is not approved.
It was noted that if the project is not approved, the owner of the property then becomes the
Orange Redevelopment Agency.
Bob Mickelson, representing OHDC, clarified some of the concerns expressed by residents.
School overcrowding - this project will contribute some students, but many of those students are already
in Orange schools. Safety of children - many other apartment projects in Orange are on arterial highways,
but do not have full time supervision or locked gates, which makes this project actually safer.
The project setbacks and open space meet or exceed code requirements; there is adequate parking
provided; there will not be a significant traffic impact; these are well managed,high quality
apartment units; crime actually decreases near their units; there is not a lot of turnover and
few problems with tenants; OHDC has a long term lease on the property with the guaranteed option
to buy the property in 10 years and it is leased because of tax implications for the lessor;
and this project will help to implement the goals ofthe Housing Element.Barry Cottle,
representing OHDC, explained about the Learning Center which is a part of this apartment project
staffed with volunteers who tutor children; and is open to other neighborhood children as
well as apartment residents.Councilmember Coontz
noted the differences between the Highland Street project, which is very large, and
this proposed project.Councilmember Ambriz
reported there have been many communications received from the Orange Unified
School District and asked for clarification.Bob Mickelson
stated the original figure from the School District projected an increase of 5 students with
this project, which OHDC realized was wrong. In a further analysis, OHDC projected about
20 students.PAGE 20
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CITY COUNCIL MINUTES February 25, 2003
13. PUBLIC HEARINGS (Continued)
Councilmember Ambriz stated a letter from the School District dated December 13th states an
addition of 50 kindergarten through 12'h grade students and clearly states it will not have a severe
impact on District schools. There is a lot of confusion about this impact to schools and it needs
to be clarified.
Mayor pro tem Cavecche asked for clarification on the State mandate and if rehab units count
toward the state number.
Linda Boone, Economic Development Director, stated under current guidelines, the City does
not get credit for rehabilitating existing units. The State's contention is that the only way to take
care of the housing problem is to increase the supply of affordable units.
Councilmember Ambriz asked about the repercussions in the event the City does not meet the
State mandates.
Ms. Boone stated the State has only threatened to take away housing funds if they are not used in
an appropriate time frame; however, there have not been any specifics as to exactly what might
happen if this occurs. This also does not affect CDBG funds.
Mayor Murphy noted that all the correspondence received was circulated to the Council and
made a part of the record.
MAYOR MURPHY CLOSED THE PUBLIC HEARING TAPE 3 -1260
Council Comments
Councilmember Ambriz complimented the citizens and OHDC for their patience. Affordable
housing is a huge issue and not easy to address; noting the income levels for qualified renters is
not real low; and was concerned about the threat of money being taken from the State. He stated
there are other homes along Chapman, but questioned the density of this project. He asked how
far this project could be scaled down and still remain financially viable. TAPE 1420
Councilmember Coontz stated she moved to Orange in 1961, near Taft Avenue, when it was still
semi-rural. The area has now been built up with a great deal more homes and businesses.
The speed limit on Taft Avenue is 45 mph in spite of the residential area, schools and
churches.Increases in traffic speed have occurred because of laws which have allowed speeds to
increase periodically. This has happened on all streets in all cities throughout
California.Councilmember Coontz commented on West Chapman Avenue, which is mostly zoned C-
2, and includes a lot of automobile businesses. There have been many attempts to change this
and clean up West Chapman, but this has been fought by the businesses. She questioned the
total number of units of this project, that it may be more than is acceptable, but this is a beautiful
project and she did not think it would impact the neighborhood as the
neighbors say.
CITY COUNCIL MINUTES February 25,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz tried to put the problems along Citrus into perspective with regard to the
auto repair business on Citrus and Chapman. No neighborhood is perfect, but this project will
help the entire community with a good apartment building with extreme concerns and careful
monitoring of prospective tenants. She stated she can appreciate the fears of the neighbors, but
noted that everyone who lives around an OHDC project comes to appreciate it after it is in.
TAPE 1590
Mayor pro tem Cavecche stated her vision for West Chapman did not take into account high
density residential. She realizes there is a moral obligation to provide affordable housing, and
even voted not to support the City's Housing Element because it did not address affordable
housing enough; but in weighing the desire to provide housing with land use issues, she did not
think this was a good use for the property. She could not support rezoning this commercial
property to residential.
Mayor Murphy thanked everyone involved for bringing their concerns forward. He stated there
are two decisions to make - should rezoning of this property be considered, and if considered,what
can fit on that piece of property. He realizes the need for housing, and thinks a project could
be done, but this is not the right project for this property, as it is too dense for the property and
area. The density would have to be reduced dramatically, with maybe more open space or reorganized
so that it minimizes the number of second story units, provides covered garages along
the back to insulate the adjacent property owners and also look at maybe restricting the ingress
and egress on Citrus to minimize traffic impacts on Citrus and the neighborhood. He could
not support the project as proposed.Ms.
Boone stated the Agency could reduce the number of units to 21 which would still make it eligible
for tax credit financing. The Agency has been operating on a timetable because of the tax
credit application deadline. However, because of the complexity of this project, she suggested
they could forgo the current tax credit deadline, since another tax credit opportunity would
be available this coming year, and significantly re-tool the project.
Councilmember Coontz stated there is a real need for affordable housing, noting that many
people in Orange County started out with low interest veterans loans for housing; and reiterated
this is not low income housing, this is affordable housing. Council received many racist letters
and positive letters but because of the attitude of the audience people were afraid to come to the
meeting. She thinks this is a good project, and hoped it can be changed enough so everyone
thinks it is a good project. She noted the schools speak to overcrowding, but the schools have
been overcrowded for years.
Mayor pro tem Cavecche stated she would be comfortable waiting to meet the new tax credit
deadline later this summer, and have more discussions with the neighborhood. She is firm in her
belief for that part of Chapman Avenue, but thinks delaying this is the better way to go.
Councilmember Ambriz stated he did not want to rush a decision and would be willing to talk
more with the neighbors to see what is acceptable for the neighborhood and take advantage of
the opportunity to rethink this project.
PAGE 22
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CITY COUNCIL MINUTES February 25,2003
13. PUBLIC HEARINGS (Continued)
Mayor Murphy stated he grew up in West Orange and is very familiar with the neighborhood.
There still may be a proj ect, but this one needs a lot more work. He wasn't sure if reducing the
number of units to 21 would even be acceptable, but it definitely needs re-working, with
items such as covered garages and additional insulation from the adjacent
neighborhood.In response to questions by Councilmember Ambriz, the Community Development
Director stated if neighbors notice any code violations in any neighborhood, they can call the City's
Code Enforcement Division. She stated if there are numerous violations in an area, a
concentrated effort is made by various City departments as a
team.The City Attorney stated one possibility is to table this item and readvertise it when it
comes back for future hearings. If the project is basically reduced in size and impacts, it may not
have to go back through the environmental review process
again.MOTION - Coontz
SECOND - Ambriz AYES -
Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez
Moved to table
this item 14. PLANNING AND
ENVIRONMENT - None.15. ADJOURNMENT MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Mayor
Murphy, Coontz, Cavecche
ABSENT - Alvarez The City Council adjourned at
12:04 a.
m. in memory of Lewis Silvers.A;/A~AtfEAU ~AAA.-(;;t-CASSANDRA J. THCART,
CMCCITY CLERK PAGE 23T