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09-29-1999 Council Minutes Adj Regular CITY COUNCIL MINUTES OF AN ADJOURNED REGULAR MEETING ORANGE, CALIFORNIA SEPTEMBER 29, 1999 The City Council of the City of Orange, California, convened on September 29, 1999 in an Joint Adjourned Regular Meeting at 6:00 p.m. in the Weimer Room, 300 E. Chapman Avenue, Orange, California. - 1. OPENING 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Coontz 1.3 ROLL CALL CITY COUNCIL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez PLANNING COMMISSION PRESENT - Bosch, Pruett, Romero, Carlton ABSENT - Smith 2. PUBLIC COMMENTS - None 3. CONSENT CALENDAR All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar. 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of an adjourned regular meeting of September 29, 1999 at Orange Civic Center, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board, and summarized on Time-Warner Communications, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said adjourned regular meeting. - ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. PAGE 1 CITY COUNCIL MINUTES SEPTEMBER 29, 1999 3. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Item 3.1 was approved as recommended. 4. ADMINISTRATIVE REPORTS 4.1 Update and overview of the East Orange General Plan. Presentations Mayor Coontz remarked it has been some time since the Council has had a public meeting to discuss the City's plans for East Orange. The topic of land use planning for the City's eastern sphere of influence has not been in the forefront for several years, but that does not mean it has lost any importance for the City of Orange. Together with The Irvine Company and the community, the Council has planned for the future expansion of the City to benefit all. During the process we closely examined the City as it exists today and identified the needs and made sure the East Orange General Plan incorporated all the important elements for the extension of the City into the future. The County search for a new jail site has moved Eeast Orange back into the spotlight. A review ofthe East Orange General Plan and the City's established policy is warranted. There have been changes to the Council, Planning Commission, staff and community and everyone needs to be brought up to speed. The City Manager commented the planning efforts done by the City will help to ensure the City has a coordinated planning effort. It allows the City to maintain control over future land uses and prevents others from doing the planning in the City's sphere without the City's input. It ensures the provision of services and public infrastructure, i.e. locations of fire stations, schools, libraries, parks and public support services are in place in conjunction with development activity. There is a vision of community leaders and residents alike that gives the City the ability to create the kind of community desired. It also ensures that future neighborhoods and communities are developed to be balanced economically so they do not stand as a financial drain on the rest of the community but they stand on their own. For these reasons, over the years, the City has expended a great deal of resources and manpower in several efforts of the East Orange area. However, it is important to note that this type of planning effort is not static, rather these plans are dynamic documents that must be reviewed over time to ensure they meet the needs and demands of the community oftoday. -, The Planning Manager reported on the City's planning of the sphere of influence over the past twenty years and how it has been analyzed and how best to use resources, the type of land use the PAGE 2 CITY COUNCIL MINUTES SEPTEMBER 29, 1999 4. ADMINISTRATIVE REPORTS (Continued) City wants for the area. The Eastern Transportation Corridor opened last year provided additional reasons for review. - Several plans were created in the 1970's and 80's which culminated into the plan that is being reviewed at this time. Collectively all these plans established important City goals; create an effective circulation system, balanced development, minimize environmental impacts, enhance recreation opportunities, provide emergency services, etc. There was a tremendous amount of community participation involved in each of these planning studies. The goals for the East Orange General Plan were: fiscal balance, diversified housing, significant open space, adequate circulation system, ample public services and integration with existing City. The current status ofthe plan: economic downturn in early 90's stalled implementation; City and TIC agreed to set aside planning, regional facilities proposed within the City's sphere without the City's participation, regional facilities can negatively impact the City's ability to create the type and quality of communities the City would like to see in East Orange and The Irvine Company has no plans to move forward with planning. Council questions: Councilman Slater asked the location of the proposed jail sites. The Planning Manager indicated two were on the east side of the Eastern Transportation Corridor and one site was on the west side. Mayor Coontz asked how far the thre jail sites are from the East Orange planned community? The Planning Manager indicated there is approximately two miles between the Anaheim Mountain Park Planned Community edge and the East Orange General Plan. The jail sites are approximately a mile to mile and one half from the East Orange planned community. Planning Commission Commissioner Bosch commented since the plan has been adopted, there has also been the adoption of a mitigation plan for rare and endangered species. How does this overlay the current general plan and potential jail sites? - The Planning Manager explained the Natural Community Conservation Plan which created the NCCP reserve covers the green open space areas on the map. The remaining sphere area is identified in the NCCP plan as the north policy plan area which means at some future time, portions of that area will be added to the reserve, but are not currently in the reserve. In future planning efforts, if development were proposed, the focus would be on providing connectivity and diversity for the endangered species. PAGE 3 CITY COUNCIL MINUTES SEPTEMBER 29, 1999 4. ADMINISTRATIVE REPORTS (Continued) Mayor Coontz asked how solid was the NCCP in the designated area for the future. The Planning Manager indicated the NCCP has a 75 year life term with the potential to extend for a period of time. Commissioner Bosch ask if it could be amended and has The Irvine Company had their lands placed into the NCCP? The Planning Manager answered the landowner designated portions of the East Orange property into the reserve. For the policy plan area, as part of any planning process, special studies would have to be completed to identify endangered species, identify potential impacts of development and the NCCP would be looking to include it in the reserve. The Irvine Company has had their lands in the green areas on the map placed in the NCCP reserve. Public Participation: Shirley Grindle, expressed doubt that The Irvine Company would have placed the green areas on the map into the NCCP reserve. The Planning Manager responded the area within the East Orange General Plan has been placed into the NCCP reserve, however the remaining sphere has not. Carolyn Aliotta asked if traffic studies have been completed to know how many outside cars would be coming into the resort at the lake? Was it considered to leave that land passive around the Lake? The Planning Manager indicated extensive traffic studies have been completed and are included in the documents. Yes, one of the alternatives studied was to leave the land around the lake as open space. Councilman Spurgeon expressed concern that when The Irvine Company decides to discuss this plan, they may have many different ideas. Mayor Coontz remarked the East Orange General Plan is a visionary plan with 15-20 years being spent on this plan. It is an extension of the City as everyone in the City would foresee it. Past developments mistakes were made. Subsequently, hillside development, landscaping and school problems were all considered. One of the big issues was The Irvine Company did not want to go around the lake and the emergency services felt it was a necessity to access the periphery of the lake. The East Orange General Plan is extremely important to let people know that we have been planning in the City's sphere of influence. Bob Bennyhoff, asked what happened to the contract The Irvine Company signed with the City agreeing to annex all 7,115 acres to the City? Has The Irvine Company communicated what they want to discuss? Mayor Coontz indicated The Irvine Company has not responded to the City. Bob Viviano asked how many residences are planned? Also, how many schools were allocated? The Planning Manager responded the plans allow for approximately 12,000 dwelling units, and the school district proposed I-high school, I-intermediate school and five elementary schools. PAGE 4 .1 CITY COUNCIL MINUTES SEPTEMBER 29, 1999 4. ADMINISTRATIVE REPORTS (Continued) Tom Anderson, Orange Park Acres, asked if the school population estimate was still the same? The Planning Manager reported the numbers were from the late 80s. This would have to be discussed with the school district. Mr. Anderson commented this vision is out of date and environmental specialists today are more sophisticated. Bob Bennyhoff, commented the plan needs to consider who will pay for all infrastructures being proposed. Al Irish, asked when the School District signed a MOU with a subsidy for The Irvine Company who was developing in that area, the MOU went away when The Irvine Company closed it down _ does this general plan affect The Irvine Company or affect that subsidy (Irvine Community Builders)? The schools were planned at the last moment. Mayor Coontz responded the school sites are listed in the East Orange General Plan with The Irvine Company, not with their subsidiary. Planning Commissioner Carlton asked who owns the three jail sites and how are they funded? The Planning Manager responded The Irvine company owns the property and did not have information on funding. Mayor Coontz remarked the policy is The Irvine Company will work with the City for all planning within the City's sphere of influence and there would not be a jail within the City's sphere. The point is The Irvine Company for the past four years has been planning with the City of Lake Forest to locate a jail preferably within the City of Orange's influence. The Musick jail site has been approved for jail expansion in South County, the City of Orange wants to retain its ability to handle their future in East Orange. Planning Commissioner Carlton asked what type of revenue the City could expect if a jail was placed in the City's sphere? Mayor Coontz noted the City would not receive any revenue. Bob Tunstall, Supervisor Coad's Office, explained the Theo Lacy mutual agreement between the County and the City of Orange allowed for maximum security beds - the quid pro quo was there would be no jail sites in the City of Orange, which the former Sheriff was in agreement. Councilman Murphy thanked Supervisor Coad for recognizing the Theo Lacy agreement and _ carrying on the spirit ofthe agreement. Planning Commissioner Carlton asked how many acres would it take to build the jail? The Planning Manager explained a minimum of 40 acres for the estimated 5,000 high security inmates. Mr. Irish asked what roads will busses take through Orange? Mayor Coontz explained the Sheriff reported there were three jail sites and a proposed interchange constructed between Windy Ridge and Chapman Avenue. PAGE 5 CITY COUNCIL MINUTES SEPTEMBER 29, 1999 4. ADMINISTRATIVE REPORTS (Continued) Councilman Murphy observed the important part is that the basic planning and philosophy is in place making sure the environmental aspects are taken into consideration and evaluated up front rather than on a piece by piece basis. As time goes on we need to work to keep the plan as current as possible recognizing it is still conceptual in nature until the land owner is ready for discussions. Planning Commission Pruett asked if buffers would be created because of the proposed jails and would this be part of the planning process? There is an economic issue here for The Irvine Company. It was suggested the development they are looking to occur might not make sense or be appropriate because of the jail. Regarding the downsizing of the airport, will that make the Musick site more acceptable? Supervisor Coad indicated no action by the supervisors has been taken. It was suggested the Supervisors look at the 20/20 timeframe (long term) to get all people to look at this not just north and south county. There was always a decision to do the airport in phases. There are 14 jail sites. Supervisor Coad commented Orange has done its share. Councilman Slater commented he wanted to make sure the public understood the Theo Lacy settlement in 1994 did not preclude a potential jail site in East Orange. Research has shown there is nothing for sure in writing. The decision is based on three votes from the Board of Supervisors on whether or not there will be a jail in East Orange. Mayor Coontz commented this is why it is important to discuss what the City's plans are for East Orange, even if it is only the philosophy, goals and concepts, and the City needs to make it known to the Board of Supervisors. The City of Orange is only one of 32 cities and has taken care oftheir share of affordable housing and many issues which new cities do not pursue. Councilman Spurgeon commented on the first phase of development named Santiago Hills which The Irvine Company failed due to short driveways and density issues. Mayor Coontz remarked the 230 acres at Santiago Hills development was the test case which was done before the East Orange General Plan. This was the reason the City created a very specific general plan to address those problems they did not like in Santiago Hills. Mayor Coontz stated with The Irvine Company's approval and consent the City adopted the East Orange General Plan, however the City would like to begin discussions again. The City Manager suggested the City move forward to work on an expansion of the general plan to cover that area in our sphere that is unplanned is what the City of Anaheim has done in Mountain Park. The City would like to extend its planning effort to cover the distance between the existing plan and the City of Anaheim and then welcome The Irvine Company, County and Sheriff to participate in the process. -- Supervisor Coad spoke that LAFCO has guidelines covering the sphere of influence which has enhanced the controls the City has. It was suggested the City Attorney review this to check on protections. The City Attorney responded he has a copy of the guidelines and report. PAGE 6 CITY COUNCIL MINUTES SEPTEMBER 29, 1999 4. ADMINISTRATIVE REPORTS (Continued) The City Manager noted the City's committee, county staff and League representatives have had many discussions. LAFCO and The Irvine Company did not want some of the specific local development controls. There is more local control and the County has allowed the local communities to have more input into their planning standards for those areas eventually annexed into the City. LAFCO is now reviewing the actual sizes of spheres and the property to be developed within the next 10-20 years. Because of the large size of the City's sphere of influence, LAFCO will re-evaluate the City's size. Planning Commissioner Bosch asked what is the status of the Year 2,000 annexation agreement? The City Manager responded it is being discussed with The Irvine Company and the agreement will expire December, 1999. It is anticipated The Irvine Company would move forward with development. When the down turn in the economy hit, The Irvine Company abandoned a number of developments and only recently began to reactivate some of those in the south county and areas where development could occur at a lesser cost. The City Attorney noted development was to occur within the ten years which did not happen and changes need to be made to the agreement. Mayor Coontz commented phone calls have been made to The Irvine Company but nothing productive has occurred and no official request has been made. The City Council will consider this. The City Manager indicated The Irvine Company reviews their five year plan annually and East Orange has not been on their agenda. Supervisor Coad remarked a judge has given the Sheriff a short period of time to meet the number of beds. There are no funds because of the bankruptcy. Laguna Nigual needs a larger court house and has funds set aside for an addition. They are now requesting a new court house and will request extra funds. There is a theory that jails and court houses go together and Supervisor Coad will pursue this idea. There is also tobacco settlement money coming down and there is a big push for health or jail. 5. RECESS TO CLOSED SESSION The City Council recessed at 7:30 p.m. to a Closed Session for the following purposes: -. a. Conference with Legal Counsel - anticipated litigation a. Conference with Legal Counsel - anticipated litigation Serrano Heights School Impact fees Gruebel Park Fees b. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any ofthe matters will not be considered in Closed Session. PAGE 7 CITY COUNCIL MINUTES 6. ADJOURNMENT The City Council adjourned at 7:50 p.m. {I~1:::!.:.~;/k~ CASSANDRA J. HCART, CMC CITY CLERK SEPTEMBER 29, 1999 PAGE 8