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07-13-1999 Council Minutes APPROVED BY THE CITY COUNCIL ON JULY 27, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING July 13,1999 The City Council of the City of Orange, California convened on July 13, 1999 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. - 4:30 P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Ray, Church of the Living God 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Coontz 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 60 Mayor Coontz announced the meeting will be adjourned in memory of Brian Cruz, son of Community Services employee Bob Cruz. Mayor Coontz recognized Lou Walsh (police Department) and Karen Angers (Finance Department) for receiving the Manager of the Year Award from the City of Orange Chapter ofthe National Management Association. (C2500.D) Steve Satuloff, representing Target Stores, recognized the Police Department for working with retailers in the community on fraud cases and presented a check in the amount of $1,000, which was accepted by Police Chief Romero and Corporal Matt Miller. Mayor Coontz made the following announcements: . Approximately 10,000 people attended the 3M of July Celebration at Fred Kelly Stadium, at which three POWs were recognized. Compliments were extended to the Community Services Department for the success of the event. . The Community Services Department sponsors free summer concerts at Hart Park every Wednesday night at 7:00 p.m. through August 11th. On July 14th and August 12th the Fenians, an Irish musical group, will be performing at the Depot Park. There will be country music at Hart Park on July 21 st. PAGE 1 CITY COUNCIL MINUTES July 13, 1999 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued) . Reported on her attendance of the official closing ceremony of the EI Toro MCS on Friday, July 2nd. . Miss Orange, Stephanie Baldwin, competed in the Miss California Pageant in Fresno and was among the top ten contestants. . City's public access Channel 3 has a program shown daily called "The Silent Fall, a Family Tragedy" relative to pool safety. 2. PUBLIC COMMENTS Tape 400 Richard Carlson, 153 S. Cambridge, spoke regarding vehicles blocking the sidewalk and bike lane at 135 S. Cambridge and expressed concern for child safety. Mr. Carlson was escorted from the Council Chambers for disrupting the Council meeting. Carole Walters, (address on file), commented on the public's right to speak. 3. CONSENT CALENDAR Tape 585 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of July 13, 1999 at Orange Civic Center, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board, and summarized on Time-Warner Communications, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 3.2 Request Council Confirmation of warrant registers dated June 17 and 24, and July 1,1999. ACTION: Approved. 3.3 Request approval of City Council Minutes, Adjourned Regular Meeting, June 16, 1999 and Regular Meeting, June 22, 1999. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. PAGE 2 CITY COUNCIL MINUTES July 13, 1999 3. CONSENT CALENDAR (Continued) AGREEMENTS - 3.5 Amendment to Gas Tax Exchange Agreement with OCTA. (A2100.0 AGR-2671.1) SUMMARY: A legal action challenging the tax exchange agreement between various cities and OCTA has been filed. The City's current agreement requires OCTA to defend the City against such legal challenges. The reason for the amendment is so that the language of all agreements with the various cities and OCT A will be the same. This amendment does not change OCTA's obligation to defend the City nor does it make any other significant changes to the current agreement. ACTION: Approved Amendment to Gas Tax Exchange Agreement with OCTA and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: None. BIDS 3.6 Award of Contract - Bid No. 989-45; Project SP-3265; The City of Orange Fire Station #8 Temporary Facility. (A2100.0 AGR-3294) SUMMARY: Temporary Fire Station No.8 site, dedicated to the City of Orange as Lot 58 of Tract No. 15246 and located at the northeast corner of Cannon Street and Carver Lane, provides increased service response to immediate hillside areas. This construction project will provide interim site development and temporary fire station buildings. This facility will be sited at the northeasterly end of the lot and will allow for future permanent site development without interruption of community fire service. ACTION: 1) Awarded a contract in the amount of $386,420.00 to Fleming Environmental Inc., 6130 Valley View Street, Buena Park, CA 90620-1030 and authorized the Mayor and City Clerk to execute the contract, 2) Appropriated $200,000.00 from Assessment Fund 562 to Account No. 562-3021-481200-2683, Fire Facilities Fees Area "C", for the construction cost, contract administration cost, and contingencies and, 3) Approved a Reimbursement Agreement for the advancement of $150,000.00 from the City General Fund to the Fire Facilities Fees Area "C" Fund. FISCAL IMPACT: With the proposed advancement of $150,000.00 from the General Fund to the Fire Facilities Fees Fund, adequate resources will be available to fund this project. Approval of the requested $200,000.00 appropriation will provide a total budget of $664,000.00 in Account No. 562-3021-481200-2683, Fire Facilities Area "C", (Temporary Fire Station No.8). PAGE 3 CITY COUNCIL MINUTES July 13, 1999 3. CONSENT CALENDAR (Continued) 3.7 Purchase Smithco Turf Sweepers on a Sole Source Basis, (C2500.N) SUMMARY: Request Council approval to purchase two Smithco Turf Sweepers on a sole source basis from H. V. Carter Co., Inc., in the amount of $35,968.33. City Council is required to approve any equipment purchase on sole source basis. ACTION: Approved. FISCAL IMPACT: Funds are budgeted for FY 1999/00 in the following account: 100- 7022-424301 (Landscape Maintenance): $35,968.33. Total: $35,968.33 3.8 Proposal to approve plans and specifications and authorize advertising for bids for the Annual Street Maintenance Asphalt Concrete Overlay Contract at various locations for the fiscal year 1999-2000. (S4000.0) SUMMARY: Plans and specifications have been completed for the Annual Street Maintenance Asphalt Concrete Overlay at various locations. The project is ready for bid. The estimated construction cost is $496,959.12. ACTION: Approved plans and specifications and authorized bids for the 1999-2000 Street Maintenance Asphalt Concrete Overlay at various locations. FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following account: 262-5021-483300-3120 - $600,000.00 (Street Maintenance). BUDGETCARRYOVERS 3.9 Request To Carryover Certain Fiscal Year 1998-99 appropriations to Fiscal Year 1999-00. (C2500.J. 1. 1 ) SUMMARY: Carryover appropriations are necessary for projects that were budgeted in FY 1998-99 but not initiated during the fiscal year. Therefore, the funds for these projects must be carried over into the new fiscal year to facilitate completion of the projects and workplans. ACTION: Approved. FISCAL IMP ACT: Adequate funds had been appropriated and reserved in the Fiscal Year 1998-99 budget for the various projects that were not initiated during the FY 1998- 99. PAGE 4 CITY COUNCIL MINUTES July 13, 1999 3. CONSENT CALENDAR (Continued) 3.10 CLAIMS FOR DAMAGES (C3200.0) -- The City Attorney recommends that the Orange City Council deny the following Application to Present a Late Claim and Claim(s) for damages: a. Ignacio Aguirre Avalos & Marisol Lopez b. Martha Bryant c. Fireman's Fund Insurance Co. d. Paul L. Koenings e. Paul Lennard f. Jenny McCreadie FISCAL IMPACT: None. ACTION: Denied Application to File a Late Claim and claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.11 Amendment No. 1 to Contract AGR-3096 for installation of traffic striping, pavement markings and raised pavement markers at various locations within the City of Orange, Bid No. 978-50. (A2100.0 AGR-3096.1) SUMMARY: Paving Contractors Inc. was awarded a contract, on a competitive basis, for traffic striping for the City in October 1998. The contract allows for annual renewals for up to two (2) years based on mutual agreement. It is proposed to renew the contract for 1999-2000 in an amount not to exceed $100,000. ACTION: Approved Amendment No.1 to Contract AGR-3096 in an amount not to exceed $100,000 for installation of traffic striping, pavement markings and raised pavement markers at various locations within the City of Orange, and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: $100,000.00 for this contract was appropriated for the 199912000 Fiscal Year and is available utilizing Gas Tax Exchange Funds in the Contractual Services Account No. 273-5032-427100. 3.12 Appropriation of $50,000 for Vista Royale security enforcement to Patrol One. (A2100.0 AGR-3279.A) SUMMARY: During the month of May 1998, the City Manager in his capacity as Director of Emergency Services ordered the evacuation of five homes in the Peralta Pointe and 10 PAGE 5 CITY COUNCIL MINUTES July 13, 1999 3. CONSENT CALENDAR (Continued) homes on Vista Crest (Vista Royale) area. Since the ordered evacuation the area has been secured and is monitored on a 24-hour basis. ACTION: The City Attorney's Office recommends that City Council: 1. Authorized the Mayor and City Clerk to sign contract not to exceed $50,000 with Patrol One for the security services provided in the Vista Royale area. 2. Appropriated from Self Insurance Fund unreserved fund balance $50,000 to account 740-0301-427800-00106 (Self Insurance-Liability Fund-City Attorney-Contractual Services- Vista Royale). FISCAL IMP ACT: Unreserved fund balance is available in the Liability Fund to make this appropriation. The City is monitoring all emergency expenses pertaining to this issue and will if possible seek reimbursement for all costs. DONATIONS 3.13 Accept and transfer $500 gift from the Soroptomist International of Orange into the Library Patron Donation Fund. (C2500.I) SUMMARY: The Soroptomist International of Orange generously donated $500 to the Orange Public Library to purchase Books on Tape. ACTION: Accepted the $500 gift and appropriated $500 to Account No. 100-2001- 443101-9986 (Library Materials) to purchase Books on Tape. FISCAL IMP ACT: In order to expend this donation, funds must be appropriated into a Library Materials Expenditure Account. This transfer has no fiscal impact on the overall budget. 3.14 Accept grant award from Target Stores and appropriate funds to purchase photographic equipment for the Police Department. (C2500.K) SUMMARY: The Police Department would like to expand its use of digital photography. The Training Division and Graffiti Removal Program have requested digital cameras. They currently use Polaroid and 35mm cameras. These cameras cannot take advantage of the many options available with digital photography. Target Stores have graciously provided grant funds to upgrade the Police Department's interview rooms with state-of-the-art equipment. PAGE 6 CITY COUNCIL MINUTES July 13, 1999 3. CONSENT CALENDAR (Continued) ACTION: 1) Accepted the grant award in the amount of $1,000 and 2) Appropriated $1,000 to Account No. 100-4011-441600 (General Fund - Police Administration - Miscellaneous Materials & Supplies) to enable the Police Department to purchase two digital cameras. FISCAL IMPACT: None. RATIFICATION OF DECLARATION OF EMERGENCY 3.15 Review the existence of a local emergency as declared on April 1, 1999. (Vista Royale Tract). ACTION: Approved. RESOLUTIONS 3.16 RESOLUTION NO. 9135 (C2500.J.4.1) A Resolution of the City Council of the City of Orange Approving the Memorandum of Understanding Between the City of Orange and the Orange Management Association Concerning Wages, Hours, and Other Conditions of Employment Effective March 1, 1999 Through and Including June 30, 2002, and Repealing Resolution No. 8649 and Amendments Thereto for Said Employees. ACTION: Approved. 3.17 RESOLUTION NO. 9144 (A2100.0 AGR-3066) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement, Bid No. 978-44, Computer Service Company; for Traffic Signal and Striping Improvements at Various Locations. ACTION: Approved. 3.18 RESOLUTION NO. 9137 (C2500JAA.l) A Resolution of the City Council of the City of Orange Approving the Memorandum of Understanding Between the City of Orange and the Water Department Employees' Association Concerning Wages, Hours, and Other Conditions of Employment For the Period of March 1, 1999 through June 30, 2002, and Repealing Resolution No. 8595 and Amendments Thereto for Said Employees. ACTION: Approved. PAGE 7 CITY COUNCIL MINUTES July 13, 1999 3. CONSENT CALENDAR (Continued) 3.19 RESOLUTION NO. 9138 (C2500JAA) A Resolution of the City Council of the City of Orange Approving the terms of the Memorandum of Understanding Between the City of Orange and the Orange Maintenance and Crafts Employees' Association Concerning Wages, Hours, and Other Conditions of Employment For the Period of March 1, 1999 through and including June 30, 2002, and Repealing Resolution No. 8640 and Amendments Thereto for Said Employees. ACTION: Approved. 3.20 RESOLUTION NO. 9145 (S4000.S.7) A Resolution of the City Council of the City of Orange requesting the Orange County Transportation Authority to allocate Combined Transportation Program funds for construction of the Main Street and Chapman Avenue Intersection Widening Project No. 95-0RNG-1150. ACTION: Approved. 3.21 RESOLUTION NO. 9146 (A4000.0 APP-457) A Resolution of the City Council of the City of Orange denying Appeal No. 457 and upholding the decision of the Planning Commission and the Design Review Board to deny the use of a composite wood product as replacement siding on a historic residential structure located at 133 South Shaffer Street in the Old Towne Historic District. Appeal No. 457, Design Review Board Application No. 3384 Applicant and Appellant: Lemar Lundquist, Prior Council action on May 11, 1999 to deny Appeal No. 457. ACTION: Approved. 3.22 RESOLUTION NO. 9149 (A2100.0 AGR-3231) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 989-26; S.P. 3256; Micon Construction; Orange Fire Department Station No.6 Barrier Wall. Mayor Coontz asked that location be included on the agenda for the benefit of the public. ACTION: Approved. PAGE 8 CITY COUNCIL MINUTES July 13, 1999 3. CONSENT CALENDAR (Continued) 3.23 RESOLUTION NO. 9153 (A2100.0 AGR-2753) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work improvement; lighting and mechanical improvements; Aircon Energy, Inc.; Civic Center, Police Facility, Senior Citizens Center, Fire Headquarters, and Main Library. ACTION: Approved. TRACT MAP 3.24 Request Council approve the recordation of Final Tract Map No. 15548. (T4000.0 TRT-15548) SUMMARY: Beazer Homes Inc. is requesting the City Council approve the recordation of Final Tract Map No. 15548. On July 13, 1998, the City Council approved the Tentative Tract Map No. 15548. The Final Tract Map has been signed and conforms to the approved Tentative Tract Map. All fees have been paid and bonds posted to guarantee improvements. ACTION: Approved. FISCAL IMPACT: None. TRAFFIC SAFETY 3.25 Designation of ONE WAY street for Olive Street between Buena Vista Street and Orange-Olive Road, and installation of a RIGHT TURN ONLY - BUSES EXEMPT sign on Olive Street at Orange-Olive Road. (S4000.S.3.3) SUMMARY: The proposed implementation of a ONE WAY street in front of Olive Elementary School and the proposed turn restriction for Olive St. at Orange-Olive Rd. are considered to improve the safety and efficiency of traffic circulation around the Olive Elementary School which is scheduled to open next Fall. ACTION: 1) Approved the designation of ONE WAY street (northbound) on Olive Street between Buena Vista Street and Orange-Olive Road; and 2) Approved the installation of a RIGHT TURN ONLY - BUSES EXEMPT sign on Olive St. at Orange-Olive Road. FISCAL IMPACT: Funds for the proposed improvements are available in the 273 Gas Tax Exchange Fund, utilizing Contractual Services Account #273-5032-427100. PAGE 9 CITY COUNCIL MINUTES July 13, 1999 3. CONSENT CALENDAR (Continued) 3.26 Request for the temporary suspension of time limit parking restrictions within public parking lot K within the 100 block of S. Grand St. (between the Church and the Economic Development Dept.) on Saturday, July 24,1999. (S4000.S.3.1.1) SUMMARY: United Methodist Church of Orange is requesting the temporary suspension of the time limit parking restrictions within municipal parking lot K on the 100 block of S. Grand St. to accommodate parking needs for a special event scheduled for July 24, 1999. ACTION: Approved. FISCAL IMPACT: None. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The Consent Calendar was approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR COONTZ Tape 624 4.1 Cities/Schools Coordinating Committee Cooperative Agency Purchasing/Y outh Services Council of Orange Emergency Response Training Mayor Coontz reported the City continues to work closely with the Orange Unified School District (OUSD) on a number of issues of mutual interest to the City and OUSD through Joint Use Committee. Information and resources are shared to identify areas where the City and OUSD can join forces to improve programs and services. An example of the joint effort is the issue on the Council agenda Consent Calendar today for safety improvements to benefit children attending Olive School. Youth safety is a topic that weighed heavily on minds and hearts this Spring. Earlier this year, the Orange Police Department helped the OUSD prepare Safe Schools information to help staff members respond to crisis situations such as earthquake, accidents, and even violence, such as shootings and riots. The OUSD will make a presentation on Crisis Response and Youth Safety Program at the next Cities-Schools Coordinating Committee meeting. PAGE 10 CITY COUNCIL MINUTES July 13, 1999 4. REPORTS FROM MAYOR COONTZ (Continued) The former Gang Diversion Task Force has been expanded and renamed the Youth Services Council of Orange and will focus on all issues relevant to the local youth. The new group will continue to serve as a forum for addressing community concerns as a result of major events and will function as a public resource to provide information that meets the needs of youth in the community. The information will range from summer programs to mentoring and counseling, job opportunities, etc. Many outstanding local organizations have agreed to participate. The City is thankful that the community is working on this as a team effort. The Orange Police Department and City staff will be working with OUSD, Rotary Club, the County, St. Joseph Hospital, CHOC, Friendly Center and Orange Cares. The City has some ability to assist and aid the OUSD through other programs and services offered by the Police and Community Services Departments. A sampling of services the City offers include: · The School Resource Officer Program which puts a police officer on the school campus. . Police Officer's can take students caught skipping school to the Truancy Learning Center where an assessment is conducted to determine why they are truant. . Buckle-Up Bear teaches young students the importance of seat belts. . Every 15 Minutes is a powerful program that demonstrates the dangers of drinking and driving to high school students. . The City's after-school recreation programs minimize the idle time for kids ages 6-12. . The City's mobile recreation van takes activities to neighborhoods where parks and other recreational services are limited. . The City works with the County on guidance and counseling programs to identify problems and help at-risk youths in the City. The school district is also assembling a list of their programs and services to share with the City. Another new City-School District effort is the Cooperative Purchasing Program. The purchasing departments of both agencies have analyzed a listing of OUSD bids to determine commodities and services used by the City. The bottom line is that money can be saved. Councilman Murphy added that the idea of cooperation between the agencies to find better discounts and larger quantity buys for services that are used by both agencies is starting to work. Initial examples of this are already being seen. 5. REPORTS FROM COUNCILMEMBERS Tape 762 5.1 Councilman Alvarez - Lead a discussion to have the City Council authorize the formation of a non-profit corporation to which individuals and businesses could be solicited to make tax deductible financial contributions for various community projects and services that benefit the community. (Continued from June 22, 1999 Council meeting.) (C2500.N) PAGE 11 CITY COUNCIL MINUTES July 13, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) The Director of Community Services reported the idea of a Community Services Foundation was conceived in the Community Services Department approximately two years ago. It has taken this amount of time to put a strategy and plan together for possible implementation. The Foundation would allow for private donations from corporations, businesses and individuals as a non-profit under state and federal law, and for the charitable donations to be tax deductible. Flexibility makes the Foundation acceptable in terms of identifying additional programs, enhancement of existing programs, and diversity of programs of interest to the City in the next few years. It would also allow targeting parks for various refurbishment and renovation. Specific goals and objectives need to be developed once the Foundation Board is formally in place. Goals and guidelines are critical to the implementation process. The incorporation as a non-profit by the State takes approximately 60 to 90 days. The 501(c)(3) process takes approximately 90 to 120 days, which allows donations to be tax-deductible. Overall, the process will take approximately five to seven months. Councilman Alvarez suggested an independent contractor be interviewed and hired to run the Foundation, during the interim period while the application is being processed. Pledges and corporate sponsors can be lined up and ready to go once the process is completed. The benefit of hiring an independent contractor would be accountability to the City Manager. The Foundation would benefit the children of the City. He spoke with former Supervisor Steiner regarding his familiarity with an individual who has a history of fundraising for children in Orange County. He further commented on ideas received from former Supervisor Steiner relative to hiring an independent contractor and public/private type partnerships in the County. Mayor Coontz commented she received telephone calls from two youth organizations in the City who questioned whether the Foundation would be for broad-based activities, including youth. A reference as such was made at the June 2200 meeting. As a number of non-profit organizations in the City have foundations, there may be concern that everyone is looking for the same money. It is important that the Foundation focus on exactly where the money is going. Will the Foundation be in competition with the youth groups in our City? It was noted that tax deductible donations are changing how money is given, adding that strategic alliances now allow for corporate entities to work out long range plans and a return given for donations through means of publicity. It was noted that other cities have been successful with in-house personnel. The Council needs to know what kinds of monies have come to the City through the extremely successful fundraising efforts undertaken by the Community Services Department for sponsored events. In response to Mayor Coontz, the Director of Community Services explained the City is looking at the diversification and enhancements of City programs and special events, and needed refurbishment and renovation of park area, which is how the Foundation's goals and objectives need to be directed. PAGE 12 CITY COUNCIL MINUTES July 13, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) Councilman Murphy expressed support of the Community Services Foundation in concept and initiating the application filing process. It would be premature to direct an exact approach on the creation ofthe foundation, as more research and time is needed to review different alternatives. Councilman Slater suggested staff return to Council with a report on options to consider on proceeding with the Foundation, volunteer vs. professional director, procedures for selection, etc. Mayor pro tern Spurgeon commented it may be better to hire a professional director, once the Foundation has been established. Barbara DeNiro, (address on file) expressed support for the Community Services Foundation and helping children, but concern with potential conflicts of interest and favoritism being given to contributors. Are donations deductible on federal and state taxes? Would the City or the corporation pay for an independent contractor to run the Foundation? The City Attorney explained donations would be tax deductible once the applications are approved by the State and Federal government. Conflict of interest issues would be addressed in the Foundation's by-laws. The contractor could be paid a contingent amount based on the percentage of funds brought in or by a set salary. MOTION -Alvarez SECOND -Murphy A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to direct staff to file the necessary paperwork and pay the appropriate fees to establish a 5013(c) non-profit charitable foundation. MOTION -Alvarez SECOND -Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to direct staff to interview and develop proposals and return to Council with a range of alternatives to select from on how to populate and formulate the Community Services Foundation once it has been approved. PAGE 13 CITY COUNCIL MINUTES July 13, 1999 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1571 6.1 Appointments to the newly organized Design Review Committee. (Four Year Terms to expire June 2003) (Continued from the June 22, 1999 Council meeting.) (ORI800.0.8.1) Mayor Coontz reported the goals ofthe new Design Review Committee are as follows: . To provide a more efficient and effective process for quality customer service. . To provide direction and tools to the reviewing body so they may fully understand their role. . To improve accountability to the Council, community and citizenry. Councilmembers Murphy and Slater were acknowledged for serving on the sub-committee to reorganize and redirect the new Design Review committee. Randy Bosch was recognized for serving as Chair to the Committee. Letters of appreciation were sent to past Design Review Board members for their years of dedicated service to the City. Carole Walters, (address on file), asked if every Councilmember interviewed the recommended appointees? Concern was expressed with members working in the Plaza area and/or the references provided on their applications. Why weren't individuals chosen from other areas of the City? Councilman Murphy explained the inapplicability of conflict of interest laws relative to the location of a business. Mayor Coontz commented that many architects work in the Plaza area. Mayor pro tern Spurgeon commented for the record that he has never supported the concept of the existence of a Design Review Board. It could be better performed by a staff function advisory to the Planning Commission. However, he will vote for the recommended appointments to the Design Review Committee as he is satisfied with their qualifications and references. Councilman Slater commented his first preference would have been to retain the Design Review Board members. However, Mayor Coontz did a very thorough job in researching and making nominations to the Design Review Committee. The people chosen are highly qualified and it is good to have a fresh start with new members. MOTION - Mayor Coontz SECOND - Slater AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the appointments of Mark Paone, Susan Secoy, Leonard Filner, and Joe Woollett to the Design Review Committee, terms to expire June, 2003. PAGE 14 CITY COUNCIL MINUTES July 13, 1999 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued) 6.2 Reappoint Councilmembers Murphy and Slater to the Audit Committee as Ex- Officio Members, terms to expire 0112001. -- MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. 6.3 Accept the resignation from Linda Zehner from the Community Development Block Grant Committee and instruct the City Clerk to begin Maddy Act requirements. (ORI800.0.8.3) MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept the resignation and directed a letter be sent thanking Linda Zehner for her servIce. 6.4 Reappoint William Warne to the Orange Public Library Board, term expire 6/2002. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. 7. ADMINISTRATIVE REPORTS Tape 1909 7.1 Report from the City Attorney regarding the status of Orange County Bankruptcy Litigation. (Continued from the June 22, 1999 Council meeting.) The City Attorney reported the County settled for $140,000 with the last remaining defendant, Standard and Poors. This settlement paves the way for the $860.7 million settlement to be distributed amongst the various public agencies. The Standard and Poors settlement must still be approved by the court. It will be a few months before the City starts receiving funds. Due in part to the City going forward with its own lawsuits against Hartford Insurance and KPMG Peat Marwick, it is anticipated that the City will recover over 100% of its funds. It is anticipated that figures will be received in the next few weeks. PAGE 15 CITY COUNCIL MINUTES July 13, 1999 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Report from the City Attorney regarding membership criteria for Orange Park Acres Planning Committee. (ORI800.0.26.1) Tape 1982 The City Attorney reviewed changes made to the proposed criteria for the Orange Park Acres Planing Committee as recommended in a letter written by Shirley Grindle dated June 15, 1999 and presented the new Orange Park Acres Planning Committee Membership Criteria. OPA PLANNING COMMITTEE MEMBERSHIP CRITERIA 1. Number of Committee Members Five regular members and one alternative. The alternate shall serve and have full voting authority at any meeting in which at least one member is absent. The alternate shall fill any vacancy until such time as the vacancy is filled by the City Council. 2. Committee Member ReQ}lirements A. Must, at all times, be a resident of Orange Park Acres. B. Must have a demonstrated active interest in Orange Park Acres community affairs. C. Other than potential financial impacts on a personal residence, must abstain from any recommendations in which the committee member may have a financial interest. 3. Method of Selection A. All members shall be appointed by the Mayor, subject to the approval of the City Council. B. Two members shall be selected from the unincorporated area of Orange Park Acres and two from the incorporated area. One member shall be recommended by the Orange Park Acres Homeowners Association and may be from either the unincorporated area or incorporated area. 4. Terms of Membership A. Members to serve alternating two-year terms so that no more than three regularly scheduled vacancies occur in anyone year. To achieve this result the terms ofthe two positions, as designated by the City Council, shall be until January 1,2002. 5. Fi11in~ Vacancies A. All vacancies shall be filled to maintain the makeup of the committee, i.e., if a unincorporated position is vacant, it shall be filled by a member from the unincorporated area. B. Remaining committee members may make recommendations to fill unscheduled vacancies to the Mayor. PAGE 16 .. CITY COUNCIL MINUTES July 13, 1999 7. ADMINISTRATIVE REPORTS (Continued) The City Attorney further stated that the Committee is subject to the Brown Act. An opinion will be requested from the Fair Political Practices Commission (FPPC) as to whether conflict of interest laws will apply to the Committee. A memo will be sent to Committee members apprising them of the statutes. Marilyn Ganahl, 20351 Lewis Drive, Co-chair for COPAC, spoke regarding representation on the Orange Park Acres Committee. The spirit of the Committee was not to exclude participation by the active leadership and the elected body of Orange Park Acres. County representation should not be excluded. A letter from Supervisor Todd Spitzer was provided for the record. Mayor Coontz responded that County representation has not been excluded from the Committee. The City Attorney explained the criteria remains that two members be selected from the unincorporated area and two members from the incorporated area. Carole Walters, (address on file), suggested the Orange Park Acres Planning Committee issue be left alone and be the way the people want it. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, urged Council to approve the criteria proposed by Shirley Grindle, as revised by the City Attorney. The issue of representation of the Orange Park Acres Association on the OP A Planning Committee has been clarified. The Mayor must appoint from a list provided to her for that purpose by the Orange Park Acres Association. Councilman Slater expressed support for the recommendation. Is Scott Richmond temporarily filling the vacancy on the Committee which was created by Mark Harris' resignation? Does the vacant seat created by Mark Harris' resignation belong to the OPA Association? Clarification was requested as to whether it is OPA Association's recommendation to fill that seat or who the vacant seat belongs to Since the four individuals currently serving on the Orange Park Acres Planning Committee were appointed by the City Council, the next vacancy should be a recommendation by the OP A Association Board. Mayor Coontz responded she will agendize the vacancy on the OP A Planning Committee for the July 27th agenda and Councilman Slater's questions will be addressed at that time. However, if additional time is needed to review the recommendations and applications, it may have to be continued to the next Council meeting. The City Attorney recommended a determination be made, before the OP A Association makes a recommendation, that the four permanent Committee members be comprised of two members each from the city and county areas. The Director of Community Development was directed to determine whether the current members reside in the city or county. In response to Councilman Murphy, the City Attorney clarified all committee members must, at all times, be a resident of Orange Park Acres. Councilman Murphy suggested that the City Clerk make available to the OPA Association Board a copy of the applications submitted. PAGE 17 r CITY COUNCIL MINUTES July 13, 1999 7. ADMINISTRATIVE REPORTS (Continued) Laura Thomas, 7211 Clydesdale, Orange Park Acres, suggested criteria for membership on OPA Planning Committee be that the member must be a resident/property owner. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept the recommendations by the City Attorney for the criteria to be revised for adoption, including criteria that the member must be a resident/property owner of Orange Park Acres, and direct the City Attorney to seek the Fair Political Practices Commission's opinion on the applicability of conflict of interest laws to the OP A Planning Committee. 7.3 Appeal by Mayor Coontz of the City Traffic Commission's decision regarding truck weight restriction on Chapman Ave. between Tustin St. and Batavia St. (S4000.S.3.9) Tape 2786 Mayor pro tern Spurgeon requested further clarification from the City Attorney relative to an appellate court decision on appeals by Councilmembers, suggesting that perhaps the terminology used needs to be changed. The City Attorney indicated he would further review the subject. Mayor Coontz explained the reason for the appeal was Council had unanimously directed this issue to the Traffic Commission and that it had not come to Council for review. MOTION - Murphy SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to July 27, 1999. 7.4 Report from Director of Community Development on status of the Mills Act Program. (C2300.I.2) Tape 2980 Note: Councilman Slater abstained on this issue due to ownership of several properties in Old Towne which could benefit from the Mills Act Program and left the Council dais. Councilman Alvarez abstained on this issue as he may be a potential user of the Mills Act, with property interests at 131 S. Glassell and 60 Plaza Square, and left the Council dais. The Director of Community Development reported the Mills Act allows property owners to receive a property tax savings in exchange for improvements to their historic properties. The loss of property tax to the City through the implementation of the 10 Mills Act properties approved as part of the initial one year "pilot" program will be approximately $1796.00, which is less than was anticipated. Currently, there are 32 property owners who have expressed interest in participating in the Mills Act Program. If 32 applications were completed and processed, 32 historical structures would be improved within the community, at an approximate $6,000 PAGE 18 CITY COUNCIL MINUTES July 13, 1999 7. ADMINISTRATIVE REPORTS (Continued) reduction in property taxes collected by the City. Limiting the number of applications to 20 per year in future years is for staff to be able to keep up with the administrative workload, as annual reviews are required for each contract. In response to Mayor Coontz, it was noted that staff hours required to process a typical application for a building in good condition does not exceed four hours. Barbara DeNiro, (address on file), requested clarification on what is being recommended? Is there a list of who the applicants are and what repairs will be made to their properties? The Director of Community Development explained the recommendation is to extend the Mills Act Program to all 32 property owners who have expressed interest, and process those applications this calendar year. In following years, applications will be limited to 20 per year. The amount of applications was based upon the interest expressed in the community and the property tax reduction to the City not being a substantial amount. If the extension is approved, individual applications will be brought back to Council which will indicate property improvements to be made. The target date for the City to get information to the County Assessor is the beginning of December, in order for the property tax savings to be seen on next year's tax assessment. Carole Walters, (address on file), asked if the City inspects the property to ensure the improvements are being made? The Director of Community Development responded an annual inspection and report is made on all properties. Mayor Coontz commented that Old Towne is on the National Register of Historic Places, and a number of homes in the historic area are in need of repair. It benefits the City for individuals to take these projects on their own. Speaking in support: Mark Bowie, 604 South Grand Street, (application on file) Ryan Dierking, 365 S. Pixley, urged Council to consider his application filed today. Wood Harter, 338 E. Palmyra Avenue, (application on file) MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Mayor Coontz, Spurgeon ABSENT - Slater, Alvarez Moved to receive and file the report and direct staff to extend the Mills Act Program, accepting and processing the applications from up to 35 property owners that have expressed interest; and limiting applications to a maximum of20 per year for each following year. Councilmen Slater and Alvarez returned to the Council dais. PAGE 19 CITY COUNCIL MINUTES July 13, 1999 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS Tape 3570 9.1 ORDINANCE NO. 12-99 (A2500.0 Purchasing) An Ordinance of the City Council of the City of Orange repealing Chapter 3.08 of the Orange Municipal Code and adding a new Chapter 3.08 to the Orange Municipal Code relating to the City's centralized purchasing of materials, supplies and equipment, professional services and the selection of contractors to perform Public Works projects. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 12-99 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 16-99 (A2500.0 Outdoor Dining) An Ordinance of the City Council of the City of Orange adding Section 12.18.080 to the Orange Municipal Code relating to the effective date for the outdoor dining ordinance. Barbara DeNiro, (address on file), asked if the Ordinance allows drinking alcohol on outside patios? Does it apply to the Old Towne area? Will there be one lane of traffic in the Plaza area? Responses provided were as follows: The Ordinance does not allow drinking alcohol on outside patios; it applies only to the Old Towne area; and the Ordinance only pertains to outdoor dining. Carole Walters, (address on file), asked if this issue has been discussed with the businesses that have outdoor dining? The Director of Community Development responded that is has. MOTION - Mayor Coontz SECOND - Spurgeon AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 16-99 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 Tape 3765 The City Council recessed at 6:30 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case). (This item was not discussed). PAGE 20 l.......---.__ CITY COUNCIL MINUTES July 13, 1999 11. RECESS TO CLOSED SESSION (Continued) b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. - 1) Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 78 02 84 (This item was not discussed). 2) City of Orange v. George S. Walker, et aI., Orange County Superior Court Case No. 78 33 77 3) City of Orange Claim against County of Orange relating to Y orba Park. c. Conference with real property negotiator regarding the sale of real property pursuant to Government Code Section 54956.8: Property: 15+ acre vacant parcel generally located southwest of the intersection of Prospect Street and Walnut Avenue. Negotiating Parties: City of Orange and Beazer Homes Holdings Corp. (The City Attorney noted Beazer Homes Holdings Corp. should read Shepherd Academic); Under Negotiation: Price and terms of payment. 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 3820 Carole Walters, (address on file), asked if Richard Carlson will be allowed to come back at the next meeting and expressed her opinion relative to Mr. Carlson being escorted out by police officers at the 4:30 p.m. session. Mayor Coontz suggested Ms. Walters discuss this with the Police Chief. The City Manager noted this is the fifth time Mr. Carlson has had to be physically removed from the Council Chambers. Barbara DeNiro, (address on file), commented on Mr. Zehner's proposed projects and the El Toro MCS closure. Ms. DeNiro expressed safety and liability concerns due to large tree branches falling from her neighbors property at 1128 E. Adams, suggesting the trees be trimmed in this area. 13. PUBLIC HEARINGS .- 13.1 ADOPTION OF 1998 CALIFORNIA FIRE CODE (A2500.0 Fire Uniform Code) Tape 1820 The public hearing for the purpose of considering adoption of the 1998 California Fire Code and other amendments has been continued from June 22,1999. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. PAGE 21 CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) ORDINANCE NO. 15-99 An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code to adopt the 1998 California Fire Code and other amendments. MOTION - Murphy SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 15-99 be read by title only and same was approved and adopted by the preceding vote. 13.2 LANDSCAPE MAINTENANCE DISTRICT 82-1, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SHADOW RIDGE) (LI200.0 LMD-82-1) Tape 1851 Time set for a public hearing on the annual levy of assessments to fund the costs and expenses for the maintenance of the improvements in Landscape Maintenance District No. 82-1, which is located westerly of Meats Avenue in the vicinity of Marywood and Shadow Ridge Streets, Tract 10486. The City Clerk announced that notice has been given in the manner and form as required by law and a Certificate of Compliance is on file and open for public inspection for Lanscape Maintenance Districts 82-1, 86-2 and 94-1. The Director of Public Works reported that Landscape Maintenance Districts 82-1, 86-2, and 94- 1 assessments are unchanged from last year. The Districts are located in the Shadow Ridge Area, Santiago Hills, and Sycamore Crossing Projects, respectively. In all three districts, the City is collecting less than the expenses of the Districts in order to draw down the reserves that had accumulated. It is expected this can be continued for one more year in District 86-2 (Santiago Hills). The financial position of Santiago Hills will be examined during the coming year. The other two District assessments will continue for some additional time. The Districts are being financed by a combination of the direct assessments, interest earnings on the reserve, and draw downs from the rate stabilization portion of the reserve. MAYOR COONTZ OPENED THE PUBLIC HEARING. Carole Walters (address on file), asked ifthere will be new tax on the property? The Director of Public Works explained the Santiago Hills District was formed in 1982. In the event the assessments are increased above the highest level that has been levied in the District, an election would be required by mail ballot to each of the property owners within the District. A majority vote would be necessary in order to approve the increase. He further explained that the Districts PAGE 22 CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) were initiated during the development of the areas to provide for the maintenance of the open space provided within the boundaries of the tracts. The Districts are developer districts that were formed with a 100% petition of the landowners at the time, which meets the requirements of Proposition 218. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. RESOLUTION NO. 9150 A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment and providing for the levy of the annual assessment for Special Maintenance District 82-1. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9150. 13.3 LANDSCAPE MAINTENANCE DISTRICT NO. 86-2, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SANTIAGO HILLS) (LI200.0 LMD-86-2) Time set for a public hearing on the annual levy of assessments to fund costs and expenses for the maintenance of the improvements in Landscape Maintenance District No. 86-2 within the Upper Peters Canyon Specific Plan Area (Santiago Hills). Note: Refer to Item No. 13.2 for discussion. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. RESOLUTION NO. 9151 A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment and providing for the levy of the Annual Assessment for Special Maintenance District 86-2. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9151. PAGE 23 CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) 13.4 LANDSCAPE MAINTENANCE DISTRICT NO. 94-1, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SYCAMORE CROSSING) (LI200.0 LMD-94-1) Time set for a public hearing on the annual levy of assessments to fund the costs and expenses for the maintenance of the improvements in Landscape Maintenance District No. 94-1 in the Sycamore Crossing Tract. Note: Refer to Item No. 13.2 for discussion. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. RESOLUTION NO. 9152 A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment and providing for the levy of the annual assessment for Special Maintenance District 94-1. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9152. 13.5 ZONE CHANGES 1199-99 AND 1200-99, BEAZER HOMES SOUTHERN CALIFORNIA: (Z1500.0 ZCG-1199-99) Tape 4020 Time set for a public hearing on petition by Beazer Homes Southern California to consider Zone Changes 1199-99 and 1200-99 to allow the adjustment of the boundary line between property RO (Recreational- Open Space) and R-3 (Residential, Multi-family). The property is located on the west side of Prospect Street between Walnut Avenue and Spring Street. NOTE: The environmental impacts of the proposal were evaluated by approved Negative Declaration 1531-97. The Director of Community Development reported the recommended zone change is for an approximate v.. acre of land out of approximately 22 acres of the Beazer holdings on the west side of Prospect Street. The intent is to keep the zoning boundary the same as the southern edge of the tract boundary, which is zoned RO (Recreational- Open Space). The northern boundary is zoned R-3 (Residential, Multi-family) for the future tract development. PAGE 24 CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) MAYOR COONTZ OPENED THE PUBLIC HEARING. Fred Talarico, representing Beazer Homes, 1100 Town and Country Road, No. 110, Orange, indicated he was available to answer any questions. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Approved Zone Change 1199-99 as outlined in Planning Commission Resolution No. PC-40-99. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Approved Zone Change 1200-99 as outlined in Planning Commission Resolution No. PC-41-99. 13.6 PROPERTY ACQUISITION BY EMINENT DOMAIN, NORTHWEST CORNER OF SPRING STREET AND PROSPECT AVENUE (C2500.M.14) Tape 4148 Time set for a noticed hearing on petition by the City of Orange to acquire the following property by eminent domain: Northwest corner of Spring Street and Prospect Avenue, Assessor's Parcel No.93-031-01, Property Owner of Record: Beazer Homes Holdings Corp. and/or Shepherd Academic. The City Attorney reported the primary action for Council to decide is whether or not to authorize the City to file a legal action to condemn approximately 15 acres of undeveloped property located at the northwest corner of Spring and Prospect Streets for public park purposes. Prior to taking that action, the City Council will need to consider and adopt a Mitigated Negative Declaration relating to the proposed park. The Mitigated Negative Declaration contains an analysis of environmental impacts that could be caused by the proposed park, including traffic, air quality, and noise. In order to form a basis for the environmental analysis, a conceptual park plan was drafted, which proposes five soccer fields, a gymnasium/community center and a tot lot. The City plans to conduct several neighborhood and community meetings, and bring back a final plan for City Council approval which may require further environmental analysis and reaffirmation of the environmental studies. The conclusion of the environmental analysis is that with the implementation of 14 specified mitigation measures, the proposed park will not have a significant environmental impact. PAGE 25 CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) As to the condemnation action, by State law, the City is authorized to condemn private property for public purposes, including for public parks. The City is required to have an appraisal done on the property and offer the full amount of the appraisal prior to condemnation. The City had two appraisals done on the property and offered both appraisals to the property owner. Both offers were rejected. When the City made its first offer, the property was owned by Beazer Homes Holding Corporation. When the second offer was made by the City, the property was still owned by Beazer Homes Holding Corporation. At that time the property was in escrow, and Beazer Homes Holding Corporation may not have had the opportunity to accept the offer. After the second offer was not accepted, the City sent out a Notice of Intent to consider condemnation of the property. Notices were sent to both Beazer Homes Holding Corporation and Shepherd Academic. Soon after the Notice of Intent was sent out, escrow closed, noting it appears that Shepherd Academic now owns the property. In order to file a legal action and condemn the property, the City Council needs to adopt a Resolution making the following findings: 1) That the public interest and necessity require the acquisition of the property for the proposed project; 2) That the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 3) That the property is necessary for the proposed project; and 4) That an offer has been made to the owner of record of the property pursuant to California Government Code Section 7267.2. The requirement under Finding No.4 is that the City make the offer to the owner who appears on the latest tax assessment roll. At the time the offer was made, the owner was Beazer Homes Holding Corporation. The purpose of the hearing is to hear testimony about the public use and necessity and specifically is not for the purpose of discussing the price to be paid. The Director of Community Services reported the City Council will hold a Joint Meeting with the City Council and Planning Commission on July 20th to discuss the final draft of the Master Plan of Parks, which is a comprehensive analysis and inventory of usable acreage the City currently has versus what the City needs. The City has approximately 137 usable acres, which is not all active park acres and 42 12 acres are yet to be developed, most of which will be deemed passive. The City currently uses approximately 13 12 acres of school site acreage, based on the Joint Use Agreement with Orange Unified School District (OUSD). According to the Master Plan of Parks, approximately 375 acres are needed to date, with a population use projected increase in active youth sports. The City currently is approximately 190 acres under that amount. The City desires to develop the proposed property as a sports facility soccer complex. The City currently has three active tournament soccer play fields; nine fields used simultaneously for soccer and football active practice time; and one field for active conference play, Orange Youth Football. The current need identified in the Master Plan of Parks, based on National Park and Recreation Standards is 31 fields for soccer active play, 50 practice fields, and approximately 10 football fields. At the present time, only five fields in the park system are lit, presenting severe problems with the time change in October. Youth soccer sign-ups are up approximately 300 and football sign-ups are up approximately 180. To date, there are approximately 20 additional youth soccer teams and 4 to 5 additional youth football teams. PAGE 26 ~-- CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) MAYOR COONTZ OPENED THE PUBLIC HEARING George Adams, 7425 Lewis, Orange, representing the property owner, Oakridge Private School, commented Shepherd Academic, the entity that bought the property, is a non-profit corporation and operates the Oakridge Private School, which is a non-denominational private school, Pre-K through 8th grade. It was noted that the original plan submitted to the City included a tot lot, public playground, soccer field, and a community center. Mr. Adams referred to the misinformation that the 15 acres was dedicated as parkland, as there is no City requirement that the land be dedicated as a park. Reference was made to Beazer Homes approach to the City in 1998 relative to acquiring the 15 acres of property and the City appraisal of the property prepared by Curt Goepper. Mr. Adams stated the City should not condemn the property. The appraisal shows the mistakes and errors that were made and how Shepherd Academic believed in good faith they could buy the property because it did not appear that the City was interested. The City Attorney advised Mr. Adams that the statute states the purpose of the hearing is to determine the four findings as to whether the public use and necessity of the property requires the acquisition of the property by eminent domain. The hearing is not to discuss price and terms. Mr. Adams comments should be limited to the public use and necessity only. Mr. Adams indicated he was not trying to negotiate the price, but set the record straight as far as what has taken place. Oakridge Private School's proposal is to build a school on the northern end of the property and a park on the remaining 7 acres of the property. The local community needs a park, and many residents in the area have indicated they do not want a 15 acre park, which would bring much more traffic. If the City feels that the only piece of property they can use is their 15 acre piece of property, that is fine. Oakridge Private School will gladly give the City the property. They only ask in return that the City replace the property. Oakridge Private School is an innocent victim ofa lot of mistakes made by a lot of people and they would just like a site in the City of Orange. Mayor Coontz asked Mr. Adams to describe what is being proposed for the site. Mr. Adams explained Oakridge Private School's proposal was to build a Pre-K through 8th grade school which would consist of approximately 24 classrooms, a gymnasium, teachers lounge and administration building, soccer field, and upper and lower grade playground. The gymnasium would not be built at this time but soon in the future. The school classrooms would be modular units. Councilman Slater requested clarification from Mr. Adams as to whether he knew when escrow closed that the City had instituted condemnation proceedings. Mr. Adams responded the City had not instituted condemnation proceedings at that time. The City Attorney explained that Notices on the Resolution of Necessity were sent out on June 16th. Escrow on the property closed on June 21st. A notice was personally given to Mr. Adams. A month earlier, pre- PAGE 27 CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) condemnation offer letters were sent by the City to Beazer Homes Holding and Shepherd Academic. SPEAKING IN OPPOSITION OF EMINENT DOMAIN PROCEEDINGS: Rod Martin, 544 N. Turnberry Drive Kathy Stone, 3735 Spring Street, supports park space Betty Jensen, 3721 E. Springs Street, supports passive park space Joseph DeCroix, 3724 El Carmen Linda Martin, 2202 N. Azalea Drive, supports recreational facilities Martin Marcus, 1971 Lerner Lane, supports park space REASONS FOR OPPOSITION TO EMINENT DOMAIN: Lack of notification to homeowners; traffic impact; liability to City; Oakridge Private School is offering to build a 7 acre park with no investment to the City and is a wonderful private school; the majority of neighbors want a family-oriented park; parties need to negotiate/compromise; eminent domain unfair to property owners; new owners should not pay for City's mistakes; City had ample opportunity to legally acquire the land; and the sports complex does not belong in areas surrounded by residents. SPEAKING IN FAVOR OF EMINENT DOMAIN PROCEEDINGS: Deborah Knefel, 4304 Townsend Avenue Carter James, 1110 E. Mardel Avenue, President of Orange Junior Soccer Club, supports youth sports park Gina Cervino, 5941 E. Valley Forge Drive, supports sports park Fred Smoller, 611 N. Glenrose Drive David Carrillo, 1440 E. Barkley, Director of Coaches for Lancer Soccer, support sports park Diane Montgomery, 2101 W. Mills, President of Orange Little League, supports sports park Jay Boylan, 634 Heatherstone Drive, supports parks Joe Schmidt, 4045 E. Rolling Green Lane, supports sports park SPEAKING IN FAVOR OF PARK SPACE: Stu Livingstone, 515 E. Maple, supports youth sports park Bob Torres, 4525 Agua Way, supports park space Chandice Williams, 205 S. Willow Springs Road, supports youth sports Eddie Albright, 642 N. Glenrose, supports sports park Elden Neben, 414 N. Swidler Carole Walters, (address on file), supports a passive park Jean Heinlein, 448 Swidler, supports a passive park ~_._~----~-- PAGE 28 l CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) REASONS FOR SUPPORT OF EMINENT DOMAIN PROCEEDINGS AND/OR PARK SPACE: The City should have 375 acres of open space and currently only has 137 acres; sports parks are a good investment for the youth; positive impact on children; teaches the youth sportsmanship, teamwork, respect, brings together all ethnic backgrounds, and pulls them away from MTV, video games, and the violence on television; sports are a healthy, physical activity; and sports create an involved community of parents and families. Barbara DeNiro, (address on file), spoke in a neutral position. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. In response to Ms. Heinlein, the Director of Community Services explained the difference between passive and active parks. The City Attorney provided answers to questions addressed as follows: . In response to Mr. Martin's comment relative to the City accepting the offer of dedication because it was free. The City would still need to build and maintain the fields and the community center. . In response to Ms. Stone's question as to why the three interested parties didn't get together and resolve this issue. Appraisers had differing views of what the property was worth, and the values varied greatly. . In response to Ms. Walters statement that the park and eminent domain should be separate. This cannot be done. By law, in order to condemn property, the purpose for the eminent domain must be identified. There needs to be a conceptual plan as a basis for the environmental analysis. Through a series of community meetings and workshops, a final plan will come back to Council and any additional environmental analysis that needs to be done. . In response to Ms. DeNiro regarding the building on the park, i.e. what can be there from a permanent standpoint. There are a couple of locations that have been identified where a permanent building could be placed. The majority of the park is not suitable for permanent buildings. This is the reason why Shepherd Academic had proposed modular units which can be adjusted as the soil settles. . In response to Ms. Heinlein's question regarding the $75,000 spent on Secor. Secor prepared a soils analysis and have advised the City as to what remediation would be necessary for the soccer fields and the permanent buildings. PAGE 29 CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) COUNCIL COMMENTS: Councilman Slater commented, in reference to Beazer Homes, that some companies need to learn that there is sometimes more at stake than the bottom line. With regards to the City being offered half of the site for free, money or saving money sometimes cannot be a substitute for everything, especially when talking about scarce land that will have long term benefits for the future of Orange. The long term benefits are far more important than saving a few short term bucks. The City is about to spend $2 million to replace one of 17 City reservoirs which the City depends on for its water supply. The City can certainly afford to spend money to purchase a 15 acre park and develop it. Purchasing the entire site is a small investment to make for what will be long lasting benefits to the residents of Orange. The site is a perfect location; centrally located in the City; and no matter what it ends up being, which is truly to be decided down the road, there are so many needs and uses that the City has. The City needs plain open space, passive parks, active parks, gymnasium/community center, and a bark park (as some people have suggested). The City needs fields for kids to play on. There is such a deficit to make up for in the City. The bottom line is, once land is developed, it is gone forever. Eminent domain is a last resort issue. However, this is a last resort and this is what it comes down to. The owner of the site should be paid the fair market value. Oakridge Private School is an excellent school and the hope is that they are successful in finding another site. However, the City cannot afford to sacrifice any more of its valuable open space. Mayor Coontz commented it has been one of her main goals and that of the Council to see that the youth are provided with programs. It has been a struggle to get the space that the City has now. McPherson was a difficult process which the City learned a lot from. One reason for having a cooperative meeting once a month with the OUSD is to see if the City can inch out a few yards more here and there of space in order to provide more youth sports activities. In Spring of this year, across the nation, there was great concern about youth and school safety. It has been demonstrated tonight that youth sports is one way to find positive activities for the youth and give them all the character building that they need. Safety issues are a concern to the City of Orange and the OUSD. The City has many programs through the Police and Community Services Departments. Many of the people who spoke tonight devote a great deal of time and personal money to help improve and maintain the fields and making provisions to the fields and teams to make them successful. The City needs more land space to meet tomorrow's needs of our youth. Because women can now participate in sports it has increased enrollment. Mayor pro tern Spurgeon commented this is the first time he has been involved in anything like this type of condemnation, which he finds distasteful. However, he has an obligation to realize there is a compelling need to commence with the process. It is hoped that when the process begins, the City can continue discussions with the appropriate individuals on other types of negotiations that he considers ongoing. The City is interested and has been interested in the property and has an obligation to see it through. He will reluctantly support the condemnation process. PAGE 30 CITY COUNCIL MINUTES July 13, 1999 13. PUBLIC HEARINGS (Continued) Councilman Murphy commented the property has always been meant to be a park and the Council has been interested in the property being used for park space. Disappointment was expressed that this could not be figured out differently, indicating he is reluctantly considering eminent domain as a last resort. Sports are important for the youth and providing kids an opportunity to have a place to go and learn about teamwork, etc. There are thousands of kids in Orange relying on the City to begin the long journey of catching up on space that should have been acquired before now. He will support eminent domain, with the hopes that other negotiations occur along the way. Councilman Alvarez expressed support for eminent domain process as he felt it was the only alternative. The City did make a good faith effort to secure the property. It reached a point where it was felt the City's good faith effort was not being returned. He supports this heavily because of the need for a park east of the 55 Freeway. One of the best long term investments in the community is the youth. MOTION - Slater SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Expanded Initial StudylMitigated Negative Declaration 1601-99 relating to Prospect Street Sport Park. The understanding is that it is a conceptual plan. RESOLUTION NO. 9147 A Resolution of the City Council of the City of Orange declaring the public interest and necessity of acquiring certain real property located at the northwest corner of Spring Street and Prospect A venue and authorizing the acquisition thereof. Owner of Record: Beazer Homes Holdings Corp. and/or Shepherd Academic MOTION - Slater SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9147. THE CITY COUNCIL RECESSED AT 9:30 P.M. AND RECONVENED AT 9:38 P.M. 14. PLANNING AND ENVIRONMENT - None PAGE 31 CITY COUNCIL MINUTES July 13, 1999 15. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 9:45 p.m in memory of Brian Cruz, son of Community Services employee Bob Cruz, to a Joint Adjourned Regular Meeting with the Planning Commission and City Traffic Commission on Tuesday, July 20, 1999 at 5:00 p.m. in the Weimer Room to consider the CenterLine and Master Plan of Parks. {l~~AA&J!J!~ CASSANDRA J. HCART, CMC CITY CLERK JOANNE COONTZ MAYOR PAGE 32