06-23-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 14, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 23, 1998
The City Council of the City of Orange, California convened on June 23, 1998 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
Harry Thomas, Director of Public Works
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT -ABSENT -
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS a. Employee
Recognition Service Awards were presented to Lou Walsh and Darrelynn Smith. Peter
Fielis, Reinolds Rekte, Ramona Takahashi, Mike McElroy and Mike Taylor were
unavailable to accept their awards. (C2500.JA.18)b. Mike
Sweeney, Event Coordinator, Orange Sunrise Rotary Club, reported on the Rotary Car
Show held on April 19, 1998 in the Orange Plaza. The net income for the car show
was $7,115.21. Themoney will be used for scholarships and additional educational programs. (
p1300.0.9)c. Mayor
Coontz announced a Community Outreach Meeting on the WalnutlVirage cul-de-sac
issue has been set by the City for Wednesday, July 1, 1998, 7:00 - 9:00 p.m. at Santiago Middle
School, 515 N. Rancho Santiago, Orange. In a memo to Council dated June
18, 1998, the City Manager indicated he has decided to halt construction on a
cul-de-sac on Walnut Street. The Beazer Corporation has agreed. The Director
of Public Works indicated a meeting will be held with the developer on June 24th to
further explore the issues. It is Council's and staffs desire to include potential
stakeholders who may have been omitted from the public outreach process
undertaken approximately six months ago and to provide them an opportunity to
express their concerns and viewpoints. The City Attorney has suggested the Council
not be involved in the meeting as the issue will come back to Council if there are
development changes. (Z1500.0 ZCG-
1191-97)
CITY COUNCIL MINUTES June 23, 1998
1.4 PRESENTATIONS/ ANNOUNCEMENTSI PROCLAMATIONS (Continued)
Mayor Coontz announced the first of a series of three free jazz concerts was held on Thursday,
June 18th at Depot Park from 5:30 - 7:00 p.m. The other concerts will be held on July 16th and August
20th. The Concerts in the Park series will be held on Wednesday's beginning on July 8th and
ending on August 12th. All concerts are sponsored by Pacific Bell.The
Fourth of July celebration will be held on Friday, July 3rd at Kelly Stadium from 4:00 - 9:30 p.m.
The entrance fee is $4.00 for adults; children under 6 are free. It is believed that 7,000 -8,000 people
attended last year's event.Mayor Coontz reported
on the recent deaths of Bernardo Y orba, who represents early Orange,and Harold Mahar,
former Postmaster of the City of Orange.2.PUBLIC COMMENTS
Tape 690 Carole Walters, (address
on file), commented the City needs to remove the recycling bin charge on the utility
bill; the United States of Orange sign at the Police Department is discriminatory;and on the
appointment process for a new Police Chief.3.CONSENT CALENDAR
Tape 800 URGENT ITEM Addendum
to the
Agreement for the License of Application Software and addition to Agreement for
Software Support, Maintenance and Update Service with Data Research Associates, Inc.
dated December 15, 1988. (A2100.0 AGR-1469.4.A; AGR-1469.4.
B)The City
Attorney noted staffhas indicated the contract must be approved prior to July 151 to insure
grant funding.NOTE: Councilman
Murphy abstained on this item due to a potential conflict with his field of
employment.MOTION SECOND
AYES
ABSTAIN
Slater
Mayor
Coontz Slater,
Mayor Coontz, Spurgeon,
Alvarez Murphy Moved to find that
the need
to take action arose subsequent to the posting of the agenda and that there is a need
to take immediate action.PAGE 2
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
ABSTAIN
Spurgeon Mayor
Coontz Slater, Mayor
Coontz, Spurgeon, Alvarez Murphy Moved to
approve the
addendum to the Agreement for the License of Application Software and Addition to
Agreement for Software Support, Maintenance and Update Service with Data Research
Associates, Inc. in the amount of $26,880 for the software license and $336 for
monthly maintenance and support of that software and authorize the Mayor and City Clerk
to execute the agreements on behalf of the City.3.1 Declaration of
City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular
meeting of June 23, 1998 at Orange Civic Center, Taft Branch Library at 740 E.
Taft Avenue, 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 ofthe City Clerk.3.2 Request
Council Confirmation of warrant registers dated June 4 and 11, 1998.ACTION:Approved.3.
3 Request
approval of City Council Minutes, Regular Meeting, June 9, 1998.ACTION:items.Approved,
as
amended
to include the reasons for Council's abstention on 3.4 Consideration
to waive reading in full of all ordinances on the Agenda.ACTION:Approved.AGREEMENTS
3.5
Cooperative
Agreement with Orange County Transportation Authority (OCT A) for Orange County Rail
Transit Project. (A2100.0 AGR-3063)SUMMARY: This
Agreement defines the City of Orange's role in the project development process
for the Orange County Transit Project, and includes a funding commitment in
the amount of $100,000 by OCT A for traffic analysis and land use planning to
be performed by City consultants in support of a future urban rail system.PAGE 3
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Cooperative Agreement with OCTA and authorized the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: None.
3.6 Amendment 2 to Cooperative Agreement with the Orange County Transportation
Authority (OCT A) for widening of the Fairhaven Overcrossing over the SR55
freeway. (A2100.0 AGR-2179.
2)SUMMARY: Public Works requests approval of Amendment 2 to the
Fairhaven Overcrossing agreement with the Orange County Transportation Authority obligating
the City to a $348,465 share of construction costs. The original agreement estimated
the City's share of costs to be $677,
000.ACTION: Approved Amendment 2 to the Cooperative Agreement (County No.
C-93-515) and authorized the Mayor and City Clerk to execute on
beha1fofthe City.FISCAL IMPACT: Funds have been budgeted in the following accounts: $150,
000.00 Account No. 284-5011-483300-3814 (Fairhaven Bridge); $16,
199.09 Account
No. 500-5011-483300-3814 (Fairhaven Bridge).3.7 Abandonment of Existing Domestic
Water Easement at The Block
At Orange Project (Mills Corp.). (D4000.0)SUMMARY: This action provides for the
abandonment of a waterline easement which is no longer required for water service at The
Block At Orange Project. The City interests will be quit
claimed in favor of the Mills Corporation.ACTION: Approved a Quit Claim
Deed for abandonment of existing unused waterline easements in
favor ofthe Orange City Mills Limited Partnership.FISCAL IMP ACT: None. All processing
fees will be paid by City Mills.3.8 Amendment No.1 to a
Consultant Agreement with Merit Civil Engineering, Inc.,for additional professional engineering
services for The City Drive Widening fromGarden Grove Freeway (SR-22) to
Dawn Way/
The City Way. (A2100.0 AGR-2884.1)SUMMARY: Additional services
were requested from the consultant to complete the plans, specifications and
estimates for The City Drive Widening. These additional services were not included in the
scope of services for the original agreement. The additional work consists of
preparation of irrigation plans, traffic control easements, and plan revisions to incorporate Caltrans'
ramp modification for the Garden Grove Fwy. SR-22 at The City Drive. This increases the
total contracted amount
from $128,
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Approved Amendment No.1 to a Consultant Agreement with Merit Civil
Engineering, Inc. for additional services in the amount of $10,500.00 and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: This project was approved in the 1997-1998 Capital
Improvement Plan adopted by the City Council, May 27, 1997. Funds are budgeted in the
Capital Improvements Program and available in Account No.
284-5011-483300-3235 531,873.94 (
City Drive Widening/Chapman).3.9 Additional appropriation for construction of storm
drain facilities on Katella Avenue and Main
Street (A2100.0 AGR-2835)SUMMARY: The City of Orange, through the
Redevelopment Agency, entered into an agreement with Syufy Enterprises (Century Promenade)
establishing cost sharing for the Katella/Main Storm Drain. Work is now completed, total cost to the
City is $213,136.00.The amount budgeted in the 1997-98 Capital
Improvement Program was $123,000. The Redevelopment Agency advanced costs for the storm
drain project as part of their agreement and is to be reimbursed for the actual cost of the
City's share of the storm drain. This reimbursement requires an additional
allocation of $90,
136 from the Drainage Assessment Fund.ACTION: 1) Approved an additional appropriation of $90,
136.00 to Account No. 530-5011-483400-5104.; and 2) approved deletion
of funding for
project No. 5106 in Fiscal Year 98/99.FISCAL IMPACT: Upon approval
of appropriation of funding, sufficient funds will be available in
Account No. 530-
5011-483400-5104 Syufy Storm Drain Agreement -213,136.00.3.10 Amendment
to Agreement with Orange County Youth & Family Services for the operation
of the Truancy Learning Center. (A2100.0 AGR-2470.B.
l)SUMMARY: The Orange County Youth & Family Services organization operates the Truancy Learning Center
under a joint agreement with the City and the Orange Unified School District. It is
requested that the FY 1997-98 agreement
be amended to reflect the City's financial contribution to the organization.
ACTION: Approved an amendment to the agreement to the
Orange County Youth &Family Services for the operation ofthe Truancy Learning Center.FISCAL IMP
ACT: Adequate funds for the amendment to the agreement
are budgeted
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
BIDS
3.11 Bid No. 978-48 of the Contract for Concrete Replacement at Various
Locations.A2100.0
AGR-3062)SUMMARY: The contract for concrete replacement is used by the
Public Works Department for removal and replacement of sidewalks, curbs, gutters
and driveways throughout
the City.ACTION: Awarded Bid No. 978-48 in the amount of $195,000.00
to LGT Enterprises and authorized the Mayor and City Clerk to execute on behalf
of the City.FISCAL IMPACT: Funds in the amount of $195,000.00 are budgeted
and available in Account No.
262-5021-427100 (Contractual Services).3.12 Bid No. 978-43 for Picnic Shelters at La Veta and
EI
Modena Parks (A2100.0 AGR-3061)SUMMARY: The bid submitted by Varkel
Construction for the construction of picnic shelters at La Veta and EI Modena Parks is not responsible. It is
in the best interest of the City to approve award of Bid 978-43 to
Lloyd Engineering Corp. in the amount of 136,950 for the construction of picnic shelters
at La Veta and EI Modena Parks.ACTION: 1) Found that the bid of Varkel
Construction is not responsible and found that it is in the best interest of the City to approve
award of Bid 978-43 to Lloyd Engineering Corp. in the amount of $136,950 and reject
all other bids; and 2) authorized the Mayor and City Clerk to
execute the contract on behalf of the City.FISCAL IMP ACT: Sufficient funds are
budgeted for FY 1997/98 in the following accounts:
510-7021-481105-0086 (EI Modena Park Renovation) - $
44,
657;510-7021-481105-0134 (La
Veta Park Renovation) - $
92,293.CLAIMS 3.13 CLAIMS FOR DAMAGES FROM:a.
Laila Youssef b. 396 Investment Co. fka The Fieldstone Co. (C3200.0)
ACTION: Denied claims
for damages
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.14 Amendment No. 1 to Contract No. 2720 with IWA Engineers for additional
engineering in conjunction with the widening of the 1-5 Freeway, segments A-
2 and A-4. (A2100.
0 AGR-2720.1)SUMMARY: IWA Engineers has a contract with the City inthe amount
of $54,486 to provide final plans, specifications and cost estimates
for waterline relocation and construction in conjunction with the widening of the 1-5
Freeway, segments A-2 and A-4.Amendment No. 1 will
provide additional engineering services to compensate for Ca1trans construction staging changes and
to
modify the plans for field construction changes.ACTION: Approved Amendment No.1 to
Agreement No. 2720 with IWA Engineers in the amount of $4,500 and authorized the Mayor and
City Clerk
to execute on behalf of the City.FISCAL IMPACT: The additional $4,500.00 to
Contract No. 2720 will be paid from Account No.
601-8041-484501-8320 (Water - Pipeline Improvements 1-5 Freeway).There are
sufficient funds in the account to pay for this task.3.15 1998-99
Animal Control
Services Contract with the County of Orange. (A2100.0 AGR-0135.K)SUMMARY:
The City of Orange contracts with the County of Orange for animal control field and shelter
services. The term
of this annual renewal is July 1, 1998 through June 30, 1999.
ACTION: Approved the 1998-99 Animal Control Services Contract with the County of Orange
and authorize the Mayor and City Clerk to execute on behalf
ofthe City.FISCAL IMPACT: The adopted 1998-99 budget includes an appropriation sufficient to fund this $
271,798 contract. This
contract is budgeted in the General Fund in the Police Department, Account Number
100-4031-427100-2350.3.16 Assignment of Used Oil Recycling Contract (A2100.
0 AGR-2224.D.2)SUMMARY: The Oricom Group has requested
that the City approve the assignment of the curbside used oil recycling contract to
their subcontractor,
Curbside, Inc.ACTION: Authorized the Mayor and City Clerk to execute the agreement on
behalf of the City.
FISCAL IMP
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
3.17 Contract Change Order No. 1 for Project W-578, Water Line Relocations
and Improvements in conjunction with the CaUrans I-5/Segment
A-2 Freeway Widening. (
A2100.0 AGR-2922)SUMMARY: A contract in the amount of $219,000 was
awarded to Steve Casada Construction Company on December 3, 1997 for the
Water Line Relocations and Improvements in conjunction with the Caltrans I-
5/Segment A-2 Freeway Widening.Contract Change Order No. 1 will provide for a
contract extension to continue work into the adjacent Caltrans I-5/Segment A-4
project and will provide for additional costs of construction in the A-
2 Segment due to unforeseen conflicts and field changes.ACTION: Approved Contract Change Order No.
1 in the amount of $114,750.90 to Steve Casada Construction
Company for a contract extension and for additional work.FISCAL IMPACT: Funds
for this project are available in Account No. 601-8041-484501-8320,
Pipeline improvements, 1-5 Freeway, in the amount of $552,000. The State is
liable for expenses for existing facilities that are lawfully maintained in their present location
and qualify for relocation
under
the provisions of Section 703 of the Street and HighwayCode.PARKING 3.
18 On-street parking conditions on Cypress St. (S4000.S.
3.1.1)SUMMARY: This is a
report presenting staffs findings
and recommendations concerning
on-
street parking conditions on Cypress Street.ACTION: Received
and filed.FISCAL IMPACT: None.RESOLUTIONS 3.19 RESOLUTION NO. 8940 (C2300.E GPA-1-
98)A Resolution of the City Council of the City of Orange upholding
the recommendation of the Planning Commission of the City of Orange and approving the
general plan classification of property generally located on
the west side of Orange-
Olive Road on
the northwest
corner ofthe
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 8941 (Z1500.0 ZCG-
1194-98)A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission of the City of Orange and approving a pre-zone
change to R-3 for the property generally located on the west side of
Orange-Olive Road on the northwest corner of the
Metrolink right-of-
way and Lincoln
Avenue.Pre-
Zone Change 1194-98 Applicant: Greystone Homes ACTION: Approved.3.
21 RESOLUTION NO. 8956 (A2500.0 Conflict of Interest)A Resolution of the City Council of
the City of Orange revising the
Conflict of Interest Code for the City of Orange.Discussion: Carole Walters, (address
on file), asked why the City Manager was not included in the List
of Designated Employees? The City Attorney responded the
City Manager
is required to file under State law.
ACTION: Approved.3.22 RESOLUTION NO. 8963 (OR1800.0)A Resolution of the City Council of the
City of Orange relating to the termination of the Central Orange County
Fixed Guideway
Agency and the ending of its affairs.ACTION:
Approved.3.23 RESOLUTION NO. 8964 (A2100.0 AGR-3000)A Resolution of the City
Council of the City of Orange fmally accepting the completion of a
certain public work and improvement; Bid No. 978-28; SP-
3219; Ca1mex
Engineering Inc.; 1997-1998 Street Maintenance, Main
Street and Orangewood Avenue.ACTION: Approved.3.24 RESOLUTION NO. 8965 (C2500.M)A Resolution
of the City Council of the City of Orange expressing appreciation to Patrick M. Pyne of
the
Public Works
Department for
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
3.25 RESOLUTION NO. 8966 (C2500.B)
A Resolution of the City Council of the City of Orange repealing Resolution Nos. 4527
and 5620 and all amendments thereto and establishing new guidelines pertaining to the
administration, investigation, allowance, compromise, and settlement of occurrences
involving civil liability to the City.
ACTION: Approved.
3.26 RESOLUTION NO. 8969 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange amending Resolution No. 8196
revising the Master Schedule of Fees and Charges as authorized by Orange Municipal
Code Chapter 3.10 covering the Paramedic Subscription Fee.
ACTION: Approved.
TIME EXTENSION REQUEST
REMOVED AND HEARD SEP ARATEL Y)
3.27 Conditional Use Permit 2130-95 - Request for a one year time extension from Jne
25, 1998 to June 25, 1999 - Southern California Presbyterian Homes SUMMARY:
On June 25, 1996, the Council approved CUP 2130-95 to allow the
construction of an upscale senior citizen housing project. The applicant, due to
unforeseen negotiations with neighboring property owners, has been unable to start
construction of the project within two years ofthe date the project was approved.
FISCAL IMP ACT: The request will not have an impact on city finances. The applicant
shall be responsible for paying applicable development fees.
Carole Walters, (address on file), asked if residents in the area were notified of the
proposed one-year time extension? The Director of Community Development
explained the Code does not require notices to be sent to the residents. Construction is expected
to begin this
summer.Tom Mason, 1723 N. Lincoln Street, commented the project is too big for a
residential neighborhood and urged Council to reject the
extension.Vera Mater, (address on file), commented on the discrepancies on construction dates
she received from Mr. Mickelson relative to the project. A drawing has never been seen
of the proposed
project.PAGE
CITY COUNCIL MINUTES June 23, 1998
3. CONSENT CALENDAR (Continued)
Mayor Coontz asked about the application's status. Does the continuance of this item
affect the Conditional Use Permit? The Director of Community Development responded
the application is in the plan check process and should be completed by July 1 st. They
will then be ready for a permit to be pulled. The Conditional Use Permit expires on June
25th. Council could grant an extension until the next meeting.
MOTION
SECOND
AYES
Spurgeon Mayor
Coontz Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to grant
an extension of Conditional Use Permit 2130-95 (which expires on June 25th) to
the July 14th meeting when the applicant or a representative from Southern California Presbyterian
Homes will be available to answer questions relative to a more definite time
table before a decision is made for a one-year time extension.MOTION
SECOND
AYES
Slater
Murphy Murphy,
Slater, Mayor
Coontz, Spurgeon, Alvarez Councilman Murphy abstained on
the Urgent Item. Item No. 3.3 was approved asamended at the request
of Mayor Coontz. Item No. 3.27 was removed and heard separately. The remainder ofthe
Consent Calendar was approved as recommended.END OF CONSENT CALENDAR
4.REPORTS FROM MAYOR
COONTZ Tape 1180 4.1 Creation of
SR55 Ad Hoc Council Committee and appointment of Councilmembers.OR 1800.1.19)
Mayor Coontz reported the
formation of an Ad Hoc Committee will promote better community relations and coordination for
the SR 55 Widening Project. State Route 55 has been the City of Orange's main artery
for decades. During that time, the City's and region's rapid growth has directly impacted the SR
55 and its ability to handle the increasing number of vehicles using the freeway everyday. The good
news is that improvements are currently taking place to widen and enhance the SR 55.
The improvements are primarily funded through Measure M, the half-cent transportation sales tax
Orange County voters approved in 1990. The total cost of this segment of the project
is over $116 million, and the construction will start in early 1999.The SR 55
Freeway widening project is probably the most complex Public Works construction project ever built
in the City of Orange. It requires continuous and close coordination among Caltrans/OCTA, City
staff, business community, and residents of Orange to minimize the inherent impacts on
the city streets and the quality of life for City residents.PAGE 11
CITY COUNCIL MINUTES June 23, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
In view of the success of the Ad Hoc Committee that was formed to oversee the coordination
efforts of the 1-5 construction project, Mayor Coontz recommended an Ad Hoc Committee
be formed to provide the same level of oversight for the SR 55 widening project. With Mayor
pro tern Slater's continued interest in the development of plans for the SR 55, it was
recommended that he join her in serving as the Committee members for the first
year.The Director of Public Works reported that OCTA is in the Request for Proposal process for
a Public Relations Consultant. This will be similar to what was done with the 1-5 and
the City anticipates the same level of coordination. The selection of a consultant should
occur shortly after August, 1998. At that time, detailed information will be available for dissemination
to
the
community.
MOTION
SECOND AYES Mayor
Coontz Murphy
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to create an Ad Hoc Committee comprised of Mayor Coontz and Mayor pro tem Slater which
will operate during the first year and then sunset.4.
2 Eastern Transportation Early Opening Oversight Activity by City of Orange.Mayor
Coontz reported the first phase (east leg) of the Eastern Transportation Corridor is due to open
in mid-October. To address the temporary impacts of the early opening, the cities of
Orange, Tustin, Irvine, and the County will be meeting to organize a central communication
center. The center will be staffed and supported by Transportation Corridor Agencies, Silverado
Constructors, and CalTrans.
The cities will prepare for the opening of the corridor by performing traffic counts at various
intersections, Canyon View and Jamboree, Canyon View at Newport and at Chapman, and
Chapman at Crawford Canyon, as well as 24 hour machine counts and a number of other
activities.
The City's concern is the need to help monitor what is actually happening in the City of Orange.
The City might offer the Police station in the east part of Orange to be used as a communications
access point. The phone numbers for the cities and Corridor Agencies will be provided to the
area residents to report any undesirable impact so they can be addressed as quickly as possible.
Mayor Coontz suggested she and Mayor pro tem Slater, now serving as delegate and alternate
respectively to the Eastern Transportation Corridor, be the designated representatives of the City
to work with the Corridor Agencies, Silverado Constructors, and the cities of Tustin and Irvine.
Mayor pro tem Slater commented he will make sure the impact of the early opening of the
Eastern Transportation Corridor is the least it can be on East Orange. Mayor Coontz commented
on the great relationship the City has had with the Santiago Hills Homeowners Associations over
PAGE 12
CITY COUNCIL MINUTES June 23, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
the years. Representatives from the Association have indicated they are pleased with the
proposal and the activity.
In response to Mayor Coontz, the Director of Public Works explained a proposed monitoring
program was received from the Transportation Corridor Agencies. The City has requested more
extensive monitoring and will conduct its own monitoring activities. Staffs biggest concern is
being able to detect and respond quickly to any unexpected events that should occur. Toll roads
are relatively new and actual performance has varied from projected performance at other
opemngs.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, asked that the traffic prediction
between the interchange and Jamboree be addressed. Mayor Coontz said the increase is not
immediate. The City is talking about monitoring on a daily or an hourly basis. This is why the
City hopes to create a facility of its own in East Orange in Santiago Hills.
MOTION
SECOND
AYES
Mayor Coontz Spurgeon
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to form
an oversight activity composed of the two delegates to the Eastern Transportation Corridor, Mayor Coontz
and Mayor pro tern Slater.4.3 Appointments
to Orange County Water District Long Range Master Plan Advisory Group.Mayor Coontz
reported
a request was received from the Orange County Water District regarding their Long Range
Master Plan to assist in future decisions on annexation and growth issues looking ahead to
the year 2020. The City of Orange is a key water stakeholder with ground water and recharge
basins within the geographic area of the city. The City has been asked to select two people
to be part of the Master Plan Advisory Group that will meet monthly to participate in the
completion of the master plan by November, 1998.It was recommended
that Councilman Mark Murphy represent the City Council as the elected member, and Frank
Page, who has extensive knowledge of water issues, as the City's community representative.Mayor Coontz
commented
part of the City's interest is what is going to happen to the east in the Irvine Lands and
whether or not the water plans will be adequate to address population growth.MOTION SECOND AYES
Mayor
Coontz
Slater
Murphy, Slater, Mayor
Coontz, Spurgeon,
Alvarez PAGE 13
CITY COUNCIL MINUTES June 23, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
Moved to appoint Mark Murphy as the elected member and Frank Page as the community
representative to the Orange County Water District Master Plan Committee.
5.REPORTS FROM COUNCILMEMBERS Tape 1598
5.1 Report by Councilman Alvarez on the East Orange Community Forum of Saturday,
May 30th. (C2500.D)
Councilman Alvarez provided Council with a synopsis of the comments and suggestions made at
the community forum by the residents who live along the eastern borders of the City. The issues
of concern were related to the Eastern Transportation Corridor, the trails, the EI Toro Airport
flight plan, and traffic. Recommendations from the public forum included: 1) look at placing a
moratorium on any further building until the current projects are completed and the Eastern
Transportation Corridor is open; 2) create a City/Homeowner's Association Partnership to bring
people together in order to resolve current problems and to head off future problems in that part
of town; 3) continue to move towards annexing county islands; 4) develop a plan for annexing
and zoning the land along the Eastern Transportation Corridor; and 5) continue to monitor traffic
patterns in the general area through the "partnership" and the Traffic Department.
MOTION - Alvarez SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive
and file.5.2 Proposal
by Councilman Alvarez to establish a Citizens Advisory Committee to provide citizen input
to the City Council for the selection of a permanent Police Chief.Councilman Alvarez proposed
to create a Citizens Committee that would provide the public an opportunity to meet
with the finalists for the position of Police Chief. The committee would be selected by the
City Council with each Councilmember selecting one member to the committee.The committee would
meet and interview the finalists competing for the Police Chief position.The committee would
report their comments and observations directly to the City Manager. The report would be
included as part of the process used by the City Manager to develop his final recommendation to the
Council. A staff member from the City Attorney's Office or the Personnel Office would
assist the committee with the interview process. The public's participation in the
selection process would allow the public some degree of ownership of who would be the
next Police Chief.At the request
of Mayor Coontz, the City Clerk read a memorandum prepared by the City Manager to the
City Council in response to this item. The City Manager was on vacation and unable to attend
this meeting. In the memorandum, the City Manager respectfully requested that the City Council
continue the item until he was able to provide a written report of his PAGE 14
CITY COUNCIL MINUTES June 23, 1998
5. REPORTS FROM COUNCILMEMBERS (Continued)
recommendations regarding the timing of and the recommended process options for the selection
of the Police Chief. He also intends to provide Council with a more definite, permanent time
frame for the management audit. This will better prepare Council to make an informed decision
on the matter. He believes public input can be a beneficial component of such an important
process. However, it is critical that it be included properly. The City Council are representative
of the community's concerns and makeup. The City Council reflects the community through
their initial input to the City Manager and, ultimately, their confirmation of the appointment
upon the recommendations that the City Manager provides, per City ordinance.
Mayor Coontz suggested it would be proper to put this item off until a later date out of courtesy
for the City Manager and due to the stipulations in the City Ordinance.
MOTION
SECOND
Alvarez Slater
Moved to
approve the creation of Citizens Advisory Committee to assist the City Manager in the selection of
the new Police Chief.Council Discussion:
Mayor pro
tem Slater expressed support for the concept of a Citizens Advisory Committee.However, he
suggested each Councilmember select three members, rather than one, which would provide more
community involvement and participation. He asked that Councilman Alvarez consider continuing
the item to the next Council meeting when the City Manager is present to provide his
input.Councilman Murphy
agreed with the concept of a Citizens Advisory Committee but indicated he is not
comfortable moving forward with the Committee without hearing from the City Manager.Councilman Spurgeon
commented he does not object to the conceptual structure of the Committee, as
long as it is strictly advisory, and supports continuing the item until the City Manager is
present.Councilman Alvarez
removed his first motion. The following motion was made:MOTION SECOND
AYES
Alvarez
Slater
Murphy, Slater,
Mayor Coontz,
Spurgeon, Alvarez Moved to continue the proposed
Citizens Advisory Committee to the July 14th meeting.Carole Walters, (address on file),
expressed support for Councilman Alvarez and the proposed Committee.PAGE 15
CITY COUNCIL MINUTES June 23, 1998
5. REPORTS FROM COUNCILMEMBERS (Continued)
MINUTE ORDER - COUNCILMAN ALVAREZ: "I would like to make this suggestion. Because of the Brown
Act I can talk to all five of us right now. That we reach out in the community and find some
folks that haven't participated, I think, so actively in the past. Go out and find some folks that
are real knowledgeable, basically, in what the community is looking for. And I would like to
see some whole new faces on this Committee. And I think it would really benefit us in the long
run."OFF-
AGENDA ITEM
Councilman Murphy requested, with Council's concurrence, that staff be directed to agendize for
the next available Council meeting, establishing or setting up a new process to review the Orange
Park Acres Specific Plan. It is time to confirm the importance of Orange Park Acres contribution
to the City in terms of their expectations for a quality of life and to insure the needs and
standards ofthe community are always represented.
Mayor Coontz concurred with the idea and suggested County representation be included.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 2422
6.1 Reappoint Toni Carlton to the Planning Commission, term to expire June 14, 2002.
C2500.G.2.5.1 )
MOTION
SECOND
AYES
Spurgeon Slater
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to approve
the reappointment.6.2 Reappoint
Kay Massa to the Library Board of Trustees, term to expire JUDe 30,2001. (C2500.I.
1)MOTIONSECOND AYES
Mayor
Coontz
Alvarez
Murphy, Slater, Mayor
Coontz, Spurgeon,
Alvarez Move to approve the reappointment.7.
REPORTS FROM CITY MANAGER - None
8.ADMINISTRATIVE REPORTS Tape 2470 8.1
a. Report from the Finance
Director regarding Assessment District No. 86-1 (East Orange) Reassessment Proceeding and Refunding Bonds. (
Item No. 8.1a was continued from June 9, 1998.)PAGE 16
CITY COUNCIL MINUTES June 23, 1998
8. ADMINISTRATIVE REPORTS (Continued)
NOTE: Staffis recommending Item No. 8.1(a) be continued to the July 14, 1998 meeting.
The Finance Director reported the continuance is requested in order to allow time to determine
the current value of undeveloped land within the assessment district. The information will be
included in the Official Statement, and will provide a more accurate picture of the strength of the
district for the underwriters and the potential bondholders.
SUMMARY: The City will be able to lower property assessments in the East Orange (Santiago
Hills) Assessment District if the outstanding bonds are refunded at the current favorable interest
rates.
RESOLUTION NO. 8957 - A Resolution of the City Council of the City of Orange approving and
confirming Report and Reassessment for the Refunding of the Outstanding Bonds for Assessment
District No. 86-1 (East Orange).
RESOLUTION NO. 8958 - A Resolution of the City Council of the City of Orange authorizing the
issuance and sale of refunding bonds for Assessment District No. 86-1 (East Orange).
MOTION
SECOND
AYES
Murphy
Slater Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
continue Item No. 8.1(a) to July 14, 1998.b. Report
from the Finance Director regarding Assessment District No. 86-1 (East Orange)Authorizing
Mailing of Notice of Redemption to Bondholders. (TI100.0.1 ASD-86-
1)SUMMARY: In order to proceed with the refunding of Assessment District Bonds for 86-
1, and redeem bonds September 2, 1998, there is a requirement in the current bond documents
that a notice of advanced maturity and redemption of the outstanding bonds be mailed to
the current bondholders no later than 60 days prior to the redemption date or by July
3, 1998.FISCAL IMP ACT: Related fees mailing the notices as well as all other related costs will
be paid from the Cost of Issuance of the Bonds. No City funds will be involved in
this transaction.RESOLUTION
NO. 8970 A Resolution of the City Council of the City of Orange authorizing Mailing of
Notice of Advancement of Maturity and Redemption of Outstanding Bonds issued for
Assessment District No. 86-
1 (East Orange).The Finance Director explained the process involves establishing new
assessments for the property owners in the district. The City works closely with the
bond attorney, disclosure attorney, and financial advisor. An engineer is hired to prepare a
Reassessment Report,
CITY COUNCIL MINUTES June 23, 1998
8. ADMINISTRATIVE REPORTS (Continued)
revises the assessments that are being paid by the property owners in the district. There will be
significant savings to the property owners, once the bonds are refunded.
Mayor Coontz requested future staff reports indicate the goal is to reduce the assessment costs.
MOTION
SECOND
AYES
Murphy Alvarez
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8970 as introduced, be adopted and same was approved and adopted by the preceding
vote.8.2 Report
from the Finance Director regarding Assessment District No. 90-1 Crawford Canyon)
Reassessment Proceeding and Refunding Bonds. (T1100.0.1 ASD-90-1)
SUMMARY: The City will be able to lower property assessments in the Crawford Canyon
Assessment District ifthe outstanding bonds are refunded at the current favorable interest rates.
The Finance Director reported Crawford Canyon Assessment District consists of approximately
291 parcels in the newly developed area, south of Cannon Street and north of Chapman. With
the current interest rate environment, refunding of the bonds will result in lowered property tax
assessments for property owners in the district. The three findings that have been met are: 1) the
principal and interest on the reassessment is less than the original assessment; 2) the number of
years to maturity on the new issue does not exceed the term on the existing issue; and 3) the
unpaid assessment on the new issue will be less than the original assessment. It was noted that
the final assessment numbers will be equal to or less than those that are approved tonight. Bids
will be received from underwriters on July 14th; anticipated bond closing will be July 28th. The
new lowered assessment will be on homeowners tax bill in October, 1998.
Mayor Coontz asked what kind of notification, other than the tax bill, do, the property owners
receive about this? The Finance Director responded there is no formal notification given in the
process.
RESOLUTION NO. 8967
A Resolution of the City Council of the City of Orange approving and confirming Report and
Reassessment for the Refunding of the Outstanding Bonds for Assessment District No. 90-
1 Crawford Canyon
Road).MOTION - Slater
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 18
CITY COUNCIL MINUTES June 23, 1998
8. ADMINISTRATIVE REPORTS (Continued)
Moved that Resolution No. 8967, with the addition of Section 3 as recommended by staff, be
adopted and same was passed and adopted by the preceding vote.
RESOLUTION NO. 8968
A Resolution of the City Council of the City of Orange authorizing the issuance and sale of
refunding bonds for Assessment District No. 90-1 (Crawford Canyon
Road).MOTION - Slater
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Resolution No. 8968 as introduced, be adopted and same was passed and adopted by the preceding
vote.MOTION - Mayor
Coontz SECOND - Spurgeon AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that the City of
Orange notify the residents in the manner done before of the lowered assessments in any of the
assessment districts.8.3 Treasurer's Report
for the period ending May 31,1998. (C2500.F)The Finance Director presented the
report.MOTION - Spurgeon SECOND - Mayor Coontz
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.8.4 Report
from the Economic Development Director
regarding the commitment of 164,100 in federal HOME funds to the
Orange Housing Development Corporation OHDC) for property acquisition and pre-development. (C2500.
G.1.9)SUMMARY: OHDC has entered into a purchase
contract for the property located at 320 South Hewes Street and 4431 East Marmon Avenue
with the intention of developing an affordable housing project. OHDC is requesting $164,100
to cover acquisition costs.FISCAL IMP ACT: Adequate HOME funds have
been appropriated into the following accounts:62,100 from HOME CHDO Account Number
317-9660-427700-1210-00000, $28,144 from HOME CHDO Account
Number 317-9660-427700-1210-16051, and $73,856 from
HOME Other Capital Outlay Account Number
317-9660-
CITY COUNCIL MINUTES June 23, 1998
8. ADMINISTRATIVE REPORTS (Continued)
The Director of Economic Development presented the report. Mayor Coontz commented the
report should include that a prime concern is the quality of all units that are built by OHDC.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to commit
and appropriate $164,100 in federal HOME funds to OHDC for the acquisition and pre-development
of property located at 320 South Hewes Street and 4431 East Marmon Avenue.MOTION -
Mayor
Coontz SECOND - Alvarez AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to direct the City
Attorney's Office to prepare the HOME Assistance Agreement between the City and OHDC.MOTION -
Mayor Coontz SECOND - Alvarez
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
Moved to authorize the City Manager to execute
all necessary documents to implement the Agreement.9.LEGAL AFFAIRS Tape 3111 9.1
ORDINANCE
NO. 10-98 An Ordinance
of the City Council of
the City of Orange amending Chapter 17.36 of the Orange Municipal Code pertaining to sign regulations
for major commercial centers.A2500.0 Signs)MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon,
Alvarez Moved that
Ordinance No. 10-98 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 PAGE 20
CITY COUNCIL MINUTES June 23, 1998
11. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 6:24 p.m. for the following purpose(s):
a. Conference with Legal Counsel - anticipated litigation: Significant exposure to litigation pursuant
to Government Code Section 54956.9(b) (one potential case) Contract with ORRS.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 of the matters will not be considered in Closed Session.7:
00 P.M. SESSION 12.
PUBLIC COMMENTS 13.
PUBLIC HEARINGS 13.
1 APPEAL NO. 445 BY LAURA THOMAS OF CONDITIONAL USE PERMIT 2213-
98, SALEM LUTHERAN CHURCH:
Time set for a public hearing on petition by Laura Thomas appealing the decision of the Planning
Commission on April 20, 1998 to approve Conditional Use Permit 2213-98 allowing
the expansion of the Salem Lutheran Church and school facilities including a new parish center
and classroom buildings. The number of elementary school classes would increase from one
per grade to two per grade (1 through 8). Parking requirements would be satisfied by shared use
of the existing parking facility. The site is addressed 6500 East Santiago Canyon Road.
NOTE:Negative Declaration 1550-98 was prepared to evaluate the environmental impacts
of
this project.THE APPELLANT STATES THE FOLLOWING REASONS FOR
THE APPEAL:1) The proposed application is not based on sound principles of land use, will
cause a deterioration of bordering land uses and will not promote the general welfare of
the community.The intensification of the school will result in excessive and dangerous levels
of traffic congestion, noise and air pollution. (2) The application violates the Orange General
Plan and will have a detrimental effect the quality of the "semi-rural" community;
all without providing services required by the community. (3) The Negative Declaration
was improper since substantial evidence demonstrates a potential significant adverse effect
on the environment."NOTE: The Appellant has requested a continuance to July 14, 1998. The
Council received a second letter from the appellant on June 22, 1998, withdrawing the request and
asking Council to proceed with
the public
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
STAFF REPORT
The Director of Community Development reported the project site is 5.16 acres and is zoned R-
1-40 Single Family Residential One Acre Minimum Lot Size. The property is surrounded
by single family residential zoning. The uses on the surrounding properties are all primarily
single family residential and to the west is the Community Equestrian Ring. The entire area is
included in the Orange Park Acres Plan which was approved in 1973 and is incorporated into the City'
s General Plan. In the Orange Park Acres Plan, this site is indicated as a church. The area
across Santiago Canyon Road was at one time shown as a school site when it was owned by the
Orange Unified School District, which has since changed. The uses listed in the Plan are
implemented by the City's Zoning Ordinance which allows a church or school use by conditional use
permit.This church was first approved in 1965 under application with the County of Orange; a
preschool was approved in 1976; and a school was approved in 1988 by the County. This area
was annexed into the City in 1993. The City has also processed one discretionary application
since annexation for a modular building on the
property.The request includes an increase from the current nine classrooms on the site to twenty. In
this process, the modular classroom buildings would be removed and replaced with
newly constructed classrooms. There would be a new two-story classroom building
constructed to house some of those twenty classrooms. Included within the twenty classes would
be a library/computer room; two classes for each grade between the grades of first and
eighth, a kindergarten class, pre-kindergarten class and a daycare. Each of these classrooms
would have a design capacity of 30 students - the maximum allowed by code. In addition to
those twenty classrooms is the pre-school with no change, remaining at 34 students.
The maximum capacity of all the classrooms is 634 students that could be on the campus
at one time.The applicant is proposing to add a multi-purpose room having an assembly area
of 4335 sq. ft.The proposed height of the structure is a maximum of 29 feet.
All other building setbacks required in the R-I-
40 zone are being complied with.The three basic uses for parking are church,
school and multipurpose room. The multipurpose room is the portion of the facility which requires the largest
amount of parking based on a parking space per 30 sq. ft. of assembly area
requirement which would require 145 spaces.There is a condition which would restrict the use of
these facilities concurrently, which is the shared parking requirement. The multi-purpose room
requires 145 parking spaces; there are 157 spaces on the property. The proposal indicates the
multi-purpose room and church could not be used at the same time. The hours of operation
are different. The only exception would be the use of the multi-purpose room or gymnasium
by school activities since it would be the same children that
would be in the classrooms and the multi-purpose room.A traffic study was prepared
by Austin Foust & Associates and was reviewed by the Community Development Department and Traffic
Engineer and the findings have been concurred with. It is estimated the proposal will add approximately 400
trips per
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
at the facility. The current volume of traffic on Orange Park Boulevard is 3,000 trips per day
with a maximum capacity of a two lane road of 12,500 trips a day.
Concern over the capacity of Frank Lane, the private entry street, and its ability to handle the
volumes of traffic caused the Planning Commission to add a condition requiring the entry road
be widened from its current width to include two lanes in and two lanes out. Also included was a
condition that required a one-way loop circulation drop-off system. A modified site
plan was referred to which showed the widened entry road and circular
loop system.The Planning Commission conducted a lengthy public hearing and after
thorough consideration,the Planning Commission approved the Conditional Use Permit on April 20, 1998
for the following reasons: 1) Request is granted partly upon the basis of accompanying staff
and in response to educational services required by the local community; 2) the church
and school expansion will not cause a deterioration of bordering residential land uses or
create special problems for the Orange Park Acres area; 3) the expansion plan is consistent with
the Orange Park Acres Plan which was adopted as part ofthe City's
General Plan.Since the Planning Commission's action in April, the City has received an appeal
on this application by Laura Thomas representing Orange Park
Acres Association.The Council has received a large volume of correspondence regarding this item, both
in support and in opposition. One letter of particular note is a 33 page letter from
Environmental Impact Sciences received by the Council on June 18, 1998 and is part of the record for this
hearing. This company is a consultant for Orange Park Acres Association. Jim Donovan, the City'
s project planner, prepared a response to each issue and the appropriateness of the negative
declaration for the proposed project. Staffs detailed response to the issues is
as follows:Page 14 - Claims are made the proposed church is incompatible with surrounding
residential land uses. Staff Response: The City general plan policies do not limit the potential impacts
of the project to any particular level. The proposed project will have less than significant
impacts upon existing land use in the vicinity of the subject
property.Page 15 - Appellant is asserting that a geotechnical analysis should be provided to explain how
development of the property will effect potential geologic problems on the property. S1aff
Response: We have interpreted those problems literally as described in the checklist: fault
rupture, ground shaking, land slides, erosion, subsidence, etc. The Salem site is essentially level,
varying in elevation by no more than ten feet over the 5.2 acre site, except the portion along the
edge of Santiago Canyon Road. Structural improvements limited to surface construction will not
substantially or significantly effect issues related to fault rupture, ground shaking, land slides,
erosion, etc. The only significant faults to be within the area are the WhittierlElsinore Fault and
the Newport/Inglewood Faults located considerable distance from the project site and well
outside the Orange Park Acres area and literally off the map referred to by the appellant. Minor
earthquake faults located a considerable distance from the project site do not constitute a threat to
structures or pupils on the property. While the City has considered the information presented by
PAGE 23
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
the appellant, the person giving testimony is not shown to be an expert. Accordingly, expert
testimony or opinion by a geologist or soils engineer is not provided to refute the conclusion of
no impact.
Page 16 - Claim made that increased development will generate more storm water runoff that will
collect at the end of Frank Lane affecting residential property. Staff Re&ponse: The drainage
is not expected to increase as a result of the construction of three buildings. The City Engineer
staff has reviewed the proposal and determined that no significant or environmental impacts
are anticipated and the appellant has not provided expert testimony or opinion submitted by
a hydrologist or a soils engineer to raise any significant doubt concerning this conclusion.Page
17 - Air Quality claims Staff Response: There are tables in the CEQA Air Quality Handbook specifically
referred to in the negative declaration. The handbook indicates that there are specific
thresholds determined when operations and construction will result in an air quality impact. Table
6.2 indicates an operational threshold of 220,000 square feet for an elementary school. Table
6.3 includesa construction threshold of 660,000 square feet for any school. Upon completion, total
building area of Salem Lutheran would not exceed 40,200 square feet. The Air Quality Management
District has recommended that a carbon monoxide hot spot analysis is not necessary unless
there is specific traffic congestion problems identified within a traffic study.According to
AQMD's guidelines Salem's expansion plan should be regarded as having no significant impact
on air quality.Page 21 -
TransportationlCirculationlParking Report - Claim is the traffic report is not broad enough and questions whether
the City accurately determined parking requirements for the project. Staff Response: The
traffic report was independently reviewed by the City Traffic Engineer who agreed with
the scope of the analysis and concurred with each of the findings contained therein. When the
projected increase of 240 students is added to current enrollment of 555, the total number
of students equals 795 which is consistent with the information presented to the Planning Commission
and the enrollment cap approved through CUP 2213-98.Site Access - Appellant
asserting the City did not consider alternate access approaches to the school site. Staff Response:
The concern for site access was summarized by the applicant's traffic engineer, Joe Faust,
who stated that the school has fulfilled the primary objective of any school, getting associated vehicles
off the adjacent arterial streets, so that drop-off and pick-up functions are
adequately contained upon the site and do not spill out into the adjacent public rights-of-
way. The City Traffic Engineer and Assistant City Engineer wrote a memorandum to
Anita Bennyhoff indicating the suggestion of alternate access from Santiago Canyon Road was
taken into consideration but is not regarded as feasible.
Page 23 - Parking claims - Staff Re&ponse: PlanningCommission found parking was consistent with Orange
Municipal Code and an adequate supply for the proposed project. The Traffic Engineer provides
an opinion in support of the proposed project and OMC provides parking counts consistent
with the numbers contained in Negative Declaration 1550-98.PAGE
24
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
Public Safety and Emergency Access - Staff Re&ponse: Staff concludes none of the information by
appellant would establish a fair argument the project would actually produce significant environmental
impacts. These issues are addressed in a memorandum prepared by the Fire Department.
Page
29 - Fire Protection - Staff Response: Fire Department concludes the proposed widening of Frank Lane and
traffic pattern for peak periods should prove to be more than adequate to serve the needs of
the Fire Department for access to the residences on Frank Lane and all portions of the church and
school complex.Page 27 - Equestrian
concerns regarding equestrian crossing of Frank Lane are not fully detailed in the document on
how it would be changed. Staff Response: The existing trail is not being modified and would be
protected through a condition of approval. The trail location and alignment is consistent with
referenced information contained in the OP A Plan. Staff concludes that none of the
information would establish a fair argument that the project may actually produce a significant environmental
effect.Hazards and Noise concerns:
Staff Re&ponse: None of theinformation in the document would establish a fair argument.
The generalized concerns about hazards and noise impacts do not rise to the level of
a fair argument that the proposed project will create a substantial or potentially significant adverse change in
the environment to warrant the preparation of an EIR.Police Protection: Staff Response:
The Police Department has reviewed the information and concluded it will not
increase the demands on their services.Staff has determined there
is no substantial evidence that the project would have a significant effect on the environmental
statement and that the appellant has not established a fair argument the project may produce
significant environmental impacts. It was concluded the written evaluations submitted in conjunction
with Negative Declaration 1550-98 are insubstantial that Negative Declaration 1550-
98 may be approved by Council as presented.The Director
of Community Development stated the staff believes they have addressed the CEQA issues
adequately and in a responsible manner.MAYOR COONTZ
OPENED THE PUBLIC HEARING.Applicant Presentation
Mr Craig
Olson, 699 Creek View Dr., Executive Director of Salem Lutheran Church,commented the
Planning Commission agreed with Salem that the highest and best use of Salem's 5.2
acres is the education of more students and providing the availability of local church services.The proposed
use will have no significant impact on the surrounding neighborhoods. The proposal calls
for a maximum total enrollment of 726 and an on-campus maximum of 611 PAGE
25
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
students including daycare. The Commission heard the concerns of the community and added
eight additional conditions to the C.U.P. over and above the nine conditions recommended by
City staff and incorporated in their approval. Salem Lutheran Church and School, as the only
church and school in the Orange Park Acres area, is of significant benefit and service to the
community of east Orange.
Mr. "Skip" Gerald Raymond, 6016 Teton, Orange, reported the necessity for the expansion of
the church and school has emanated from the success of both the 10:30 a.m. contemporary
services as well as the success of the students within the school. For the last three years, Salem
has turned away the equivalent of a new first grade class each year, many of those students are
siblings of students enrolled in upper grades. To address these issues, Salem developed a Master
Plan that calls for the creation of a multi-purpose room and eight new classrooms. The
new fellowship hall will not only house the 10:30 a.m. services but accommodate all
fellowship activities, serve as a home to over 24 different community groups as well as facilitate all
school indoor sports activities. The structure will house the restrooms for the school, church and
school offices and a catering kitchen. The building sets 300 ft. back from Orange Park Acres and at
its nearest point is 50 ft. away from the trails along Santiago. The total square footage on
campus for all structures is 40,172 with an FAR of 1.8. Over 90 new trees will be planted on the
site.NOTE: The Planning Manager, after review of the minutes, noted the FAR for the project
was 18 rather than 1.8 as stated by Mr.
Raymond.Mr. Olson explained the details of Salem's traffic plan, including the widening of Frank
Lane,from two lanes to four lanes, and an added on-way circulation lane and improved
local resident and emergency access. The school's new traffic policy was
also reviewed.Joe Foust, Austin Foust Associates, Traffic Consultant for the applicant,
commented having studied more than 300 elementary schools over 30 years, Salem is in the top 95% of
doing a good job. The plan as described provides a doubling of the traffic capacity
with one-way circulation and a tripling of on-site storage capacity. This
represents a dramatic improvement,even with
the increase in students.Mrs. Cora Newman, principal with the firm of Government Solutions, stated
her role with Salem was to insure a community relations program was conducted and
that Salem understood and resolved, as feasible, community concerns with Salem's proposal. There have
been 15 to 20 meetings in the last two years with the Orange Park Acres Planning
Committee and the Orange Park Acres Association. Mrs. Newman detailed the specific actions taken
by Salem to address concerns raised by the community, including a Master Plan,
student cap, architectural changes,landscaping
and improved site circulation.Mr. Olson concluded Salem's presentation by stating that the
Planning Commission cited 19 ways in which Salem's plan is compatible with the
Orange Park
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
Appellant Presentation:
Laura Thomas, Appellant, President of Orange Park Acres Association, 7211 E. C1ydsdale,
remarked OPA has attempted to open dialogue with Salem without success and has retained Mr.
Arczynski.
Mr. Arczynski, Attorney with Hanson Arczynski LLP, 1400 N. Brea Blvd., Fullerton,
commented the project is a moving target. At every turn the project changes. The law requires
careful analysis of what the problems might be and how they can be mitigated. The legal
position is that the Environmental Quality Act sets a low threshold for deciding when and if an
EIR should be developed. It is the public agency's obligation. OPA has tried to put together the
issues they think exist. Potential new problems have not been analyzed.
Mr. Lewandowoki, Prinicpal, Environmental Impact Sciences, 26051 Via Concha, Mission
Viejo, commented the existing environmental review record is insufficient to allow Council to
make a decision. Mr. Lewandowoki opined City staff did not have an opportunity to fully
understand, digest and provide Council a thorough response of the technical issues raised in the
detailed 32 page letter. CEQA guidelines were discussed. The key point in the overall
documentation is the City has prepared an inadequate initial study. The association is asking for
full disclosure of the project impacts and the immediate commencement of an environmental
impact report.
Carolyn Aliotta, presented a video of the intersection of Frank Lane and Orange Park Boulevard
on random days for approximately two weeks at the end of a Salem school day to document
traffic conditions and hazards without the requested expansion. The video also showed Yorba
Linda Community Center on a Sunday evening where Salem had an award ceremony depicting
parking conditions. If the expansion is approved it house these events at Frank Lane and Orange
Park Boulevard sites. All the cars shown on the video plus the addition of more cars, if the
student increase is allowed, would be in the parking lot at the church site with an overflow of
parking onto residential streets which are unlit posing a hazard to attendees of night time events.
The following people spoke in favor of Conditional Use Permit 2213-
98 Craig Olson, 699 Creekview Dr., Executive Director of Salem Lutheran
Church Gerald L. Raymond, 6016 Teton
Ave.Joe Foust, Austin Foust Associates, 2020 N. Tustin, Santa Ana, Traffic
consultant Coralee Newman, 120 Newport Center Dr., Newport
Beach Gerald A. Wolf, 1121 Dorsetshire, Santa
Ana Barry Watkins, 1130 N. Ridgeline
Dr.Brian Dineen, 728 Lemon Hill
Trail Kathleen Voshall, 20002 Santiago Canyon
Rd.Darren Kelso, 101 W. Riverdale #4, read a letter from Terrance Fowler who lives in the
cul-de-sac at the southwest side ofthe church
parking lot
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
Sandy Strasbaugh, 1191 Ridgeline Rd.
Tim Clark, 589 Brambles Way
Tammy Adamson, 8012 E. Eucalyptus Tr.
Lorie Dorn, 8128 E. Hillsdale Dr.
Susie Yurtin, 3636 E. Barrington Dr. read a letter from Doug and Susie Willits, 7106 Brighton
Circle
Elisabeth Degener, 6611 E. Pinnacle Pt.
Philip and Maggie Duerr, 2537 E. Collins Ave.
Jane Canseco, 7204 Pony Ct.
Keith Batchelor, 127 N. Deerwood St.
David Pargee, 535 S. B St., Tustin, read a statement from Mark and Barbara Dangler, 11099 S.
Meats Ave.
John Bano, 522 Wildhorse Circle
Annabelle and Mark Harris, 11151 S. Meads Ave.
David Johnson, 1543 N. Meads Ave.
Elise Roberts, 20322 Randall St.
Karen and Bill Brennan, 20372 Randall St.
Jim Baca, 6210 E. Blairwood St.
Paul Belden, 1499 N. Portsmouth St.
Their concerns were expressed as follows:
Parents carpool and the scheduling of classes has little traffic impact on Orange Park Blvd.
Afternoon traffic is completely gone within 20 minutes.
Church has been a good neighbor.
Teachers, parents and children have a deep respect for the community and horses.
The proposed project will not compromise the safety of horse riders.
RECESS - The City Council recessed at 9:25 p.m. and reconvened at 9:36 p.m.NOTE:
For the record, the court stenographer was hired by Orange Park Acres Association.The
following people spoke in opposition to Conditional Use Permit 2213-98
Nero Roy, 10939 Meads Ave.
Terry Canavello, 606 Brambles Way, read letter from Belinda Rimlinger, 6315 E. Frank Lane
James Cesena, 928 N. Meads Ave.
Charles Leffler, 10693 Orange Park Boulevard
Marilyn Ganahl, 20351 Lewis Dr., submitted a petition with 429 signatures opposed to
expansion of Salem School.
Mark Sandford, 10591 S. Meads Ave.
Julie and John Ufkes, 20121 E. Clark
Richard Siebert, 1388 N. Kennymead St.
PAGE 28
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
Red Bauer, 11062 Meads Ave.
Glen Culver, 7135 Brighton
Jackie Pamplona, 1277 Kennymead
Bill Bums, 20071 Clark St.
Martin LePort, 11021 S. Meats Ave.
Mara Brandman, address on file
Chuck McNess, 11211 Orange Park Blvd.
Tina Bartel, 11411 Orange Park Blvd.
Bob Bennyhoff, 10642 Morada Dr.
Their concerns were expressed as follows:
Does the expansion ofthe school fit the land use of where it has been and where it wants to go?
There needs to be restrictions concerning hours, traffic patterns and parking placed on the use of
the proposed school and facilities.
One car will impact residents on Clark Street.
Concern was expressed about the horse crossing which was put up by the Church and does
spook the horses.
The church and school should stay small.
Mr. Bennyhoff suggested the two sides come together to try to come to a decision both sides can
live with and Council can accept.
Mr. Sanford suggested Council should direct staff to review the four active easements on Frank
Lane.
Ms. Rimlinger who lives on Frank Lane wrote the school is not a good neighbor. There is
traffic congestion and a constant flow of cars in their driveway. Cars are lined up from Orange
Park Boulevard to where the residences begin. There is a loud intrusive bullhorn calling
instructions to children to load in the afternoon. Letters were written to the City in March and
April, 1998 regarding the gross negative impact the school has had on the neighbors of Frank
Lane.
If the expansion is approved, it will negatively impact the rural community due to the 2-
story classroom, gym, and increase in traffic and
noise.
REBUTTAL:Appellant Rebuttal - Laura Thomas
Mr. Arczynski referred to statements from City staff contained in the June 2, 1998 memorandum
to Mrs. Bennyhoff from Roger Hohnbaum "The school, unlike a residence, would create a high
volume of vehicles during peak traffic periods. This creates significant safety problems which in
our belief are better mitigated to Orange Park Boulevard." There are plans for circulation
improvements on site, but not for Orange Park Boulevard. Issues that need to be resolved are
whether the Fire Department can get in and out of the facility; fire hydrant placement; and fire
truck turnaround.
PAGE 29
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
Laura Thomas expressed concern about the 18 ft. retaining wall; are the old Eucalyptus trees
going to be removed; and the Planning Department should know the answers to these questions.
Applicant Rebuttal - Salem Lutheran Church/School Susan
Hori, Partner with Paone Callahn McHolm and Winton, 19100 VonKarman, Irvine,speaking
for the applicant commented the components of the project have not changed since day one.
The improvements to the circulation were changed and discussed with the community in March
of this year and made a condition of approval by the Planning Commission. CEQA does require
the lead agency to conduct a thorough analysis and not to assign OP A to do so. City staff has
done an excellent job in preparing an initial study, reviewing the documents and being able to
make a determination that this project does not have a significant impact.CEQA
does require the appellant to provide evidence to support a fair argument that a project may
have a significant effect on the environment. A fair argument is substantial evidence that the
project will have significant environmental impact. Substantial evidence is not unsubstantiated
opinion, mere speculation or clearly erroneous information. CEQA guidelines state
that "the existence of public controversy over the environmental effects of a project will not require
preparation of an EIR, if there is no substantial evidence before the agency that the project
may have a significant effect on the environment." Argument, speculation,unsubstantiated
opinion or narrative that is clearly inaccurate or erroneous is not credible and does
not constitute substantial evidence. The City has prepared an initial study as required by CEQA;
has before it staffs analysis of the project, its potential impacts; that analysis was based on
studies, independent review of applicant's information, consultation with police, fire and other
City departments; an application of the CEQA standards for determining significance; and after
review of all of this information, City staff has determined there was no substantial evidence
in the record that the project has a significant impact.Mr.
Olson presented the following amendments to the conditions:Condition
No. 11: The project will be phased to implement occupation of new classrooms, with an
additional 2nd grade to be added in September, 1998, and an additional grade to be added (3 through
8) until the phasing is complete. Add: An annual re.port. commencini in Se.ptember.1998.
shall be submitted to the City Plannini Director which demonstrates the enrollment phasini
has been complied with.Condition
No. 15: The total number of children enrolled at Salem Lutheran School shall not exceed
726 students, including daycare, pre-school, pre-Kindergarten, Kindergarten
and elementary school grades 1 through 8. Add: At no time shall there be more than 611
students on campus at anyone
time."PAGE
30
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
New Conditions:
Condition No. 18: Prior to certificate of occupancy, the applicant shall submit to the City of
Orange a deed restriction for the property which includes the language of Condition No. 11 and
Condition No. 15, as amended, restricting future growth and capping the student enrollment at
726 students and the 611 on campus respectively. This deed restriction shall be reviewed and
approved by the City Attorney.
Condition No. 19: The document entitled, "Salem Lutheran Church Parish Center Project
Summary and Operating Plan, on file in the City Clerk's Office, in conjunction with the site plan
and elevations, shall be deemed as the Master Plan of Development for purposes of this
Conditional Use Permit.
Condition No. 20: As stipulated in the Master Plan of Development, the maximum occupancy
for multi-purpose room shall be 382 persons. If at any time, Salem wishes to conduct a
special event that would exceed the 382 persons, prior to such an event, Salem must submit for
approval by the Director of Public Works, a Parking Management Plan which shall include circulation
and parking elements to insure all parking is
onsite.Condition No. 21: Multipurpose Building not be available for hire to the general public
other than to local community non-
profit organizations.Condition No. 22: Multipurpose Building - No organized sports allowed other than
those sponsored by the church and school be allowed in the Multipurpose
Building.MAYOR COONTZ CLOSED THE PUBLIC
HEARING.The City Attorney for the record commented the City staff has adequately addressed
the environmental concerns. Further, if the City Council determines to adopt the
negative declaration, that it make the following findings prior to such adoption: 1) The
City independently reviewed and analyzed the negative declaration and that the negative
declaration reflects the Council's independent judgment. 2) Council has considered the evidence
submitted at the hearing along with the negative declaration and finds that there is not substantial
evidence to support a fair argument that the proposed project will create a significant impact on
the
environment.The Fire Chief, in response to Council questions for Fire Truck turnaround on Frank
Lane,indicated the turnaround is 600 ft. as required by code, and the plan submitted does not
require any further
turnaround.Council discussed events for the multipurpose building, curfew and conditions presented by
the applicant. The Director of Community Development responded to Council questions
regarding the CUP, indicating there was a CUP approved in 1988 with a maximum enrollment of
395 students. The interpretation of the church of that situation is that there are no more than just
over PAGE
CITY COUNCIL MINUTES June 23, 1998
13. PUBLIC HEARINGS (Continued)
300 students on the property at anyone time, the total enrollment is 555. To avoid this confusion
in the future, there is now a condition of a maximum total enrollment of 726 and a specific
number of 611 students on site at one time.
Ted Morris, Noble & Associates Architects, 8 Whitewood Way, Irvine, Architect, responding to
the concern about the height of the potential retaining wall proposed, stated that the foundation
has not been developed in the corner where the building diagonals into Santiago Canyon Road.
Therefore, no precise height or length of possible retaining wall has been established.
Council Action:
MOTION - Slater SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon NOES: Alvarez Moved
to approve
Negative Declaration 1550-98 with the finding that the project will not have an adverse
impact on the environment.MOTION - Slater
SECOND - Coontz AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon NOES - Alvarez Moved to approve
the School/Church
expansion by denying Appeal 445 and approve CUP 2213-98 as outlined in Planning Commission
Resolution No. 26-98 which includes 17 conditions. In addition to the 17 conditions,
as recommended by the proponent, add the verbiage to Condition No. 11, Condition No. 15
and add new Conditions 18, 19 and 20 as stated here. In addition, add Condition No. 21 which is
that the multi-purpose building would not be available for hire to the general public other than
local community and non-profit organizations; Condition No. 22 that they would not
be allowed to organize sporting events other than those relating to normal Salem school and church
activities. Condition No. 23 - there be a curfew of 10:30 p.m. which would apply toward any regularly
scheduled event (off-site by 10:30 p.m.). Condition No. 24 - the outdoor basketball hoops and
standards adjacent to the horse trail be removed and the area set aside for overflow parking
after the new multi-purpose building is operational.14. PLANNING AND
ENVIRONMENT - None PAGE 32
CITY COUNCIL MINUTES
15. ADJOURNMENT
The City Council adjourned at 11 :55 p.m.
Ld~d&~kAAZ
CASSANDRA . ATHCART, CMC
CITY CLERK
l _.;: /_"JOANNE
COONTZ MAYOR
June
23, 1998 PAGE
33