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02-27-1996 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 27, 1996 The City Council of the City of Orange, California convened on February 27, 1996 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 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Spurgeon 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting - February 13, 1996.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS a. Presentation of Certificate of Recognition honoring the City of Orange's Employee Trip Reduction Program on the 5th Anniversary of the Employee Ride Share Program was continued to a later time.b. The Orange Historic Afghan was presented to the City Council by Adrienne Gladson,President of the Orange Community Historical Society.c. A Certificate of Appreciation was presented to Shannon Tucker, President of the Old Towne Preservation Association for their participation in the Tree Lighting Ceremony &Candlelight Choir Procession in the Plaza. 1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR 2.1 Declaration of City Clerk Cassandra 1. Cathcart declaring posting of City Council agenda of a regular meeting of February 27, 1996, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; 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.PAGE 1 CITY COUNCIL MINUTES February 27, 1996 2. CONSENT CALENDAR (Continued) ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. APPROVE WARRANTS 2.2 Request Council confirmation of warrant registers dated February 9 and 13, 1996. ACTION: Approved. AGREEMENTSffiID~CONTRACTS 2.3 Request Council authorize the award of Bid Number 956-25, Yorba and Handy Park Ball Field Fencing, to Orange Coast Fencing, Anaheim, CA, in the amount of $18,404 and reject all other bids. (A2100.0.Agr. 2553)FISCAL IMPACT: Sufficient funds have been allocated in Fund 510-7021-485100-0085 park Field and Facility Restorations).ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.4 Request Council award Bid No. 956-24 in the amount of $ 499,880.34 to Copp Contracting Inc. of 12507 South Carmenita Road, Whittier and authorize $575,000 including contingencies for the project budget. (A2100.0.Agr.2554)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following accounts:262-5021-483300- 3112 (Measure M Arterial St. Maintenance) $100,000 262-5021-483300-3120 (Measure M Street Maintenance) $ 400,000.00 540-5011-485100-9609 (Municipal Parking Lots & Rehabilitation) $200,000. 00. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.CLAIMS 2.5 CLAIMS FOR DAMAGES FROM:C3200. 0)a. Sandi Clark b. Mohammad Daulatzai c. James EichmanlEmpire Plumbing d. Eduardo Esquivel e. Stu and Diana Livingstone FISCAL CITY COUNCIL MINUTES February 27, 1996 2. CONSENT CALENDAR (Continued) PARCEL MAP 2.6 Request Council approve Parcel Map No. 95-108 and accept dedication of portions of Meats Avenue and Tustin Street. Location: Northwest corner of Tustin Street and Meats Avenue, Orange Mall Development Associates. Applicant is ready for Final Map approval by the City Council. (C2500.M.16. 2)FISCAL IMPACT: None.ACTION: Approved. PERSONNEL 2.7 Request Council approve (1) amending position control converting 20 part- time seasonal to permanent part-time Community Service Leader positions, and (2) adjusting the Fiscal Year 1995/96 Budget using salary savings in the amount of $61,000 to off-set salary and benefit costs. (C25oo.N)FISCAL IMPACT: Salary savings are budgeted in the following accounts: 100-7001-411102-$14,000 (Salaries and Benefits); 100- 7016- 411102 - $47, 000 (Salaries and Benefits).ACTION: Approved.PROPERTY NOTICE 2.8 Request from the County of Orange to waive the required 60-day notice to lease the building at 226 Carleton Avenuein the City of Orange for office/warehouse space for its Commissary Operations and Food Services Units. (A2100.0. Agr. 1678. 1) FISCAL IMP ACT: None.ACTION: Approved.RESOLUTIONS 2.9 RESOLUTION NO. 8589 A Resolution ofthe City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 945-34, modification of the traffic signal at the intersection ofGlassell St. at LaVeta Ave. ( A2100.0 Agr. 2437)Contract: $ 11,288. CITY COUNCIL MINUTES February 27, 1996 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: Funding ($ll,ooO.oo) from the Federal Hazard Elimination Safety RES) Program, plus $288.00 provided through the General Fund, Traffic Engineering Contractual Services account. ACTION: Approved, and authorized release of Bond as appropriate. 2.10 RESOLUTION NO. 8590 A Resolution of the City Council of the City of Orange finally accepting completion of a certain public work and improvement; Bid No. 945-37, installation of traffic signal and highway safety lighting at the intersection of Tustin St. at Fairhaven Ave., and modification of the traffic signal at LaVeta Ave. and Yorba St. (A2100.0.Agr. 2450)Contract: $114,075. 00 Contractor: Peek TraffidSignal Maintenance, Inc.FISCAL IMP ACT: This project was completely funded through OCT A; no net impact to the City.ACTION: Approved, and authorized release of Bond as appropriate.SUP.PLUS PROPERTY PROGlil''!2.11 Request Council authorize the Fire Chief and Fire Battalion Chiefs to participate in the Federal Government Surplus Property Program known as Distribution and Reuse of Materials Organization (DRMO). (C25OO. H)FISCAL IMPACT: None.ACTION: Approved.MOTION - Barrera SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR PAGE 4 CITY COUNCIL MINUTES February 27, 1996 3. REPORTS FROM MAYOR COONTZ 3.1 Appointment of a Licensed Landscape Architect to fill the vacant position on the Design Review Board, term to expire February 29, 2000. (OR1800.0.8.1) Mayor Coontz announced the appointment of Tim McCormack who was one of the three qualified applicants that were interviewed. Mr. McCormack has a strong background as a licensed Landscape Architect. He has contributed as a volunteer in a number of community service projects in the City, which includes being a member of the Board of Directors of Trees for Orange and writing a grant for tree planting at Cambridge Elementary School. Mr. McCormack provided written comments on his user friendly approach to the public. Carole Walters, 534 N. Shaffer, asked why Mr. McCormack's name was not on the agenda. Ms. Walters further commented that she understood Mr. McCormack's wife is a member of the Old Towne Preservation Association. Mayor Coontz responded that Mr. McCormack was the last person to be interviewed and the decision was made after the agenda deadline. MOTION SECOND AYES Mayor Coontz Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the appointment of Tim McCormack.TAPE 443 3. 2 Report regarding proposal to amend the Orange Municipal Code, if voters approve Measures HH and n, to delegate to the City Manager the authority to hire a City treasurer and City Oerk after establishing education, experience, background and qualification requirements for such positions. (EllOO.O)Mayor Coontz reported if Measure HH and II were approved by the voters, the City Council would authorize the City Manager to appoint a City Treasurer and City Clerk in November, 1996.However, in accordance with State Law the Council may by ordinance delegate to the City Manager authority to hire these officials. This has been the City's history as a City Manager form of government to require the City Manager to be responsible for hiring.In the debates surrounding Measures HH and II, citizens are asking whether the Council would hire the Treasurer and Clerk or whether the City Manager would be delegated that authority.Questions have also been asked regarding the criteria that will be used to hire these officials.Apparently there is a misunderstanding about the City's ability to establish eligibility requirements for an elected Treasurer or Clerk. Currently under State Law, the City cannot establish eligibility requirements for any City elected offices beyond the State requirements that a candidate be at least 18 years of age, aU. S. citizen, a registered voter and a resident of the City of29 days before the election. On the other hand, if the voters approve hiring these officials by the City,PAGE 6 CITY COUNCIL MINUTES February 27, 1996 3. REPORTS FROM MAYOR COONTZ (Continued) strict qualifications, including education and experience requirements for the position can be established. In addition, a competitive recruitment process including interviews by a panel of experts and procedures for a background and security check for applicants could be established. Since State Law authorizes Council to adopt an ordinance delegating its authority to hire these officers to the City Manager, the Council may wish to discuss this determination with the anticipation that the voters may approve the ballot measures in March. If it is the Council's intent to delegate such authority to the City Manager, it may wish to take action by motion expressing such intent and direct the City Attorney to prepare an ordinance for Council's next meeting. If adopted the ordinance would become effective upon voter approval of Measures HH and II. Mayor Coontz recognized the following speakers: Nick Lall, 6231 Mabury Ave., commented with this proposal the Council will be delegating the responsibilities to the City Manager. The public should be aware that State Law investment authority is with the Council, but allows Council to delegate that authority to the City Treasurer. By doing this, the Council has not taken responsibility for the City being in the Orange County Investment Pool. Barbara DeNiro, 1118 E. Adams, asked how to change state law to require more stringent qualifications for elected City Treasurers and Clerks. Brent Hunter, Executive Director of the Chamber of Commerce spoke in favor of appointing the City Treasurer and Clerk. Bob Bennyhoff, 10642 Morada Dr., indicated the Council is accountable for anything that happens in the City over which they have jurisdiction. Corinne Schreck, 446 N. James, commented Council does have ultimate authority over an elected or an appointed person and she does not like giving up her right to vote. Carole Walters, 534 N. Shaffer, remarked she took a survey on how many Treasurers in Orange County were appointed or elected. Out of25 cities, 21 cities have appointed Treasurers, 4 are elected. Only two Treasurers took City money out of the Orange County Investment Pool. It doesn't matter if they are appointed, City money was lost. The City Attorney advised the reason the word appoint appears on the ballot is because the State legislature has ruled that Council Councils should use this wording for ballot measures. However, when someone has all the qualifications and is ready to accept the job, this can be done under Personnel hiring practices. Mayor Coontz remarked that the City has a City CounciVCity Manager form of government and the Council's principle role is to set policy. The City Manager, his appointees and other officials carry out the policies through executive, administrative and operational decisions. If the Council were to revoke tht' Treasurer's Investment autl:ority, Council would be required to take over the day-to-day operations of making investment decisions with limited exceptions. Council meets CITY COUNCIL MINUTES February 27, 1996 3. REPORTS FROM MAYOR COONTZ (Continued) twice a month. The role of the Treasurer involves day-to-day transactions. This would take the Council out of it's policy making role and put it in an executive role making daily operational administrative decisions. MOTION SECOND AYES Slater Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to amend the Orange Municipal Code to allow the City Manager to professionally hire the City Treasurer and City Clerk.4. REPORTS FROM COUNCILMEMBERS - None.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - TAPE 921 5.1 Reappoint Dorothy Jo Gibson to the City Traffic Commission, term to expire March 31,2000. (OR1800. 0.19)MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the reappointment. 6.ADMINISTRATIVE REPORTS TAPE 940 6.1 Report from the City Attorney regarding the proposed joint settlement agreement as it relates to the Orange County Bankruptcy. (Continued from January 23, and February 13,1996) (A2100.0.Agr.2555) The Assistant City Attorney reported the proposed joint settlement agreement will resolve all claims which the City and Redevelopment Agency have against the County that relate to the failed investment pool. It provides for a distribution of 78% of all city funds which are held in the County administered accounts, which include condemnation, property taxes, street sweeping, and other small amounts. Currently $2, 184,000 in City money is held in these accounts. Under the joint agreement there would be a distribution of$I,558,000. The remaining deficit of$482,000 would be paidout over the next 20 years from the various tax legislation. Also, the City and Redevelopment Agency are trading their claims under the Comprehensive Settlement Agreement,approved by Council last year, in exchange for those claims would get priority status in the County's law suit against Merril Lynch and other financial brokers. The first $54,000,000 from any proceeds from litigation will go to the schools; after that the City would collect money on its deficiencies.PAGE 7 CITY COUNCIL MINUTES 6. ADMINISTRATIVE REPORTS (Continued) February 27, 1996 The second document, the Plan of Adjustment, will be filed with the Bankruptcy Court and will effectively end the bankruptcy. It has to be consistent with the joint agreement. Under the current Plan of Adjustment, all of the City's condemnation funds would be paid in full plus interest paid up to the time of the filing of the bankruptcy and specified interest after the bankruptcy. Of the $2.2 million dollars in County administered accounts, $1.6 million is condemnation funds. The Tables in the staff report were reviewed. MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the Joint Agreement of the County of Orange the official Investment Pool's Participant Committee and each Option A pool participant for resolution of all claims against the County of Orange Goint agreement) and authorize the Mayor to execute same.6.2 Treasurer' s Report for period ending January 31, 1996. (C2500.F)The Finance Director reported the Local Agency Investment Fund (State Pool) balance is 6,220,000. High grade commercial paper has been purchased and short term treasuries to provide for short term liquidity needs. The market value of the portfolio exceeds book value by 197,000 and the average maturity of the portfolio is 2.14 years.Councilman Spurgeon suggested that under Adjusted Cash Balances the Finance Director compare the previous month and provide an explanation ifthere is a significant increase or decrease.MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the report. TAPE 1644 6.3 Report frolJl Community Development Director on status of Culver Street Zone Change. (C2300.E)Mayor Coontz announced this report was placed on the agenda by the City Manager for information only. The Community Development Director's recommended action is for Council to receive and file the report. In light of recent communications received, past actions of Council may be contested. The City Attorney advised that comments be taken from the public before action on the request to receive and file and that Council not discuss the matter until further information is received regarding the legal contentions of one or more of the residents.Councilman Slater announced he has a real estate listing on Culver Street and will abstain from participating on this issue.PAGE 8 CITY COUNCIL MINUTES February 27, 1996 6. ADMINISTRATIVE REPORTS (Continued) Mayor Coontz recognized the following speakers: Carole Walters, 534 N. Shaffer, commented this issue was brought forward by Shannon Tucker. If this issue is opened, then Olive Street should be reconsidered. Ralph Zehner, 630 E. Culver, remarked that this rezoning took a lot of time resulting in the community coming together. The community is satisfied with the rezone. Mr. Zehner suggested the Council receive and file the report. T.1. Clark, 811 E. Chapman, indicated that if this issue is reopened he wants his Olive Street property rezoned. Eileen Hertfelder, 720 E. Culver, spoke in favor of receiving and filing the report. Councilman Spurgeon announced he had discussed with the City Attorney his participating in discussion of this issue. On prior discussions of this issue, he had a conflict and had disqualified himself This time however, he had been assured he no longer had the conflict and could participate. The City Attorney was asked by Ms. Walters why Councilman Slater did not step down from the podium. The City Attorney commented that if there was going to be a long discussion with some action other than to receive and file, it would be better practice to leave the podium. However, in this case which involved a recommendation to receive and file and a short discussion period, he could remain on the podium. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon ABSTAINED - Slater Moved to receive and file the report.TAPE 1644 6.4 Report from the Acting Fire Chief regarding reimbursement for the Fire Department's involvement in the Oklahoma City bombing disaster. (C2500.H)The Acting Fire Chief reported the City has been fully reimbursed in the amount of $40,309.90 by the Federal Emergency Management Agency for the City's response to the Oklahoma City bombing.MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file the report.PAGE 9 CITY COUNCIL MINUTES February 27, 1996 TAPE 1703 6. ADMINISTRATIVE REPORTS (Continued) 6.5 Report from Public Works Director regarding the proposed refunding of the 1992 Certificates of Participation for the Alien-McColloch Pipeline. (A2100.0 Agr. 2280.1, 2 & 2556)The Public Works Director reported the bonds were issued in 1979 and were subsequently refunded. The project was refinanced in 1992 with variable rate certificates of participation.Although the line has been sold to the Metropolitan Water District, the original agencies are still responsible for the debt service and receive offsetting payments on an annual basis from Metropolital Water District.The variable rates have not been a favorable circumstance. Additionally the terms of the certificates of participation require earthquake coverage. There is now the opportunity to secure a fixed term and refinance a certificate of participation at 4.7% with no earthquake insurance requirement because Metropolitan Water District is responsible. Staff is recommending adoption of Resolution 8591.RESOLUTION NO. 8591 A Resolution of the City Council of the City of Orange approving an Amended and Restated Sublease with Municipal Water District of Orange County and related documents authorizing the refunding of the 1992 Certificates of Participation for the Alien- McColloch Pipeline. MOTION SECOND AYES Mayor Coontz Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8591 as introduced be adopted and same was passed and adopted by the preceding vote. TAPE 1796 6.6 Report from the Director of Community Development regarding a request from Southern Cal Investment Company to provide a grant in the amount of $769,250 for the acquisition and rehabilitation of the Parklane Garden Apartments located at 928 North Highland Avenue. (A2100.0.Agr.2557) MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to trail discussion of this item to the Redevelopment Agenda.For discussion, see Redevelopment Minutes, Item 5.2. For Council action, see Page 11.)PAGE 10 CITY COUNCIL MINUTES 6. ADMINISTRATIVE REPORTS (Continued) February 27, 1996 MOTION SECOND AYES NOES Mayor Coontz Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon Slater Moved to consider a request for financial assistance in the amount of $769,250 from Southern Cal Investment Company for the acquisition and rehabilitation of a portion of the Parklane Garden Apartments located at 928 North Highland Avenue; and authorize staff to negotiate the terms of the financial assistance and draft a Home Investment Partnerships Act Assistance Agreement between the City and Southern Cal Investment Company, and to take note of the questions,recommendations, Council and public concerns.7.REPORTS FROM CITY MANAGER TAPE 1848 7.1 Report on City Council Policy regarding Agenda location of appropriation of funds and bid awards. (C2500. D)The City Manager read the following policy: "The award of bids for items or projects that have already been appropriated in the budget or CIP, may go on the Consent Calendar. In addition,appropriations of funds for items under $100,000 that have not previously been approved in the budget or CIP may go on the Consent Calendar. New debt issues or new appropriations of 100,000 or more are to be placed under Administrative Reports or Reports from the City Manager for a brief report and Council discussion prior to approval."Councilman Spurgeon requested that items on the Consent Calendar approved through the Budget or CIP be noted. Also, the name of the account should be shown with all fund numbers.MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Council policy 7. 2 Report on contracting with Cablevision of Orange to lay fiber optics. (FllOO.O)The Assistant to the City Manager reported that in December the City renewed the contract with Cablevision of Orange. One of the provisions was to allow the City to piggyback on Time-Warner's efforts to lay cable in the City. In one year, the City could save $278,000 by taking advantage of this offer. The City' s Management Information System Committee has requested permission to enter into negotiations with Cablevision of Orange and to pursue discussions with the school districts which would also benefit from the fiber-optics and share the costs.Councilman Murphy commented on the explosion of people utilizing the internet system and suggested the City get on the internet which would offer another avenue for the public to access agenda items and other City services.PAGE " CITY COUNCIL MINUTES February 27, 1996 7. REPORTS FROM THE CITY MANAGER (Continued) Nick Lall, 6231 Mabury, asked what the City was getting with the fiber- optics?The Assistant to the City Manager explained the lease payments and other costs involved for the number of users the City would have. MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to direct staff to negotiate a contract between the City of Orange and Cablevision of Orange to exercise the City's option, as contained in the cable franchise agreement; to lay fiber optics during trenching for the purpose of instituting a Wide Area Network, web page, and integrate the City; the proposed contract to be returned to the City Council for final approval.8. LEGAL AFFAIRS TAPE 2400 8. 1 ORDINANCE NO. 3-96 An Ordinance of the City Council of the City of Orange adding Chapter 8.06 to the Orange Municipal Code relating to the abatement of unattended shopping carts. (A2500.0) MOTION SECOND AYES Barrera Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 3-96 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.2 ORDINANCE NO. 5-96 An Ordinance of the City Council of the City of Orange repealing Chapter 2.14 of Title 2 of the Orange Municipal Code pertaining to Conflicts of Interests. (A2500.0)MOTION SECOND AYES Murphy Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 5-96 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.3 ORDINANCE NO. 8-96 An Ordinance of the City Council of the City of Orange amending Chapter 12.36of the Orange Municipal Code relating to House Moving. (A2500.0)PAGE 12 CITY COUNCIL MINUTES 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES February 27, 1996 Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 8-96 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.4 ORDINANCENO. 9-96 An Ordinance of the City Council of the City of Orange amending Chapter 15.41of the Orange Municipal Code amending Transportation Systems Improvement Program, establishing additional land use categories and authorizing a revised fee schedule. (A2500.0)MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 9-96 have second reading waived and be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, acknowledged Nick Lall for his donation of a sign to the Orange County Zoo for Samson, the bear. Ms. Walters felt the City Council should recognize Mr. Lall for his contribution.The City Council applauded Mr. Lall and requested a picture of the sign.Eddie Grijalva, 1600 W. Struck Ave., gave a brief history ofthe heritage of the City and requested to rename a small portion of Hewes Avenue which is 9/lOths ofamile with the Grijalva name.Councilman Slater suggested that Mr. Grijalva discuss with the City Manager that Rancho Santiago be changed.Mayor Coontz instructed the City Manager to review the request.11. RECESS MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 6:45 p.m.PAGE 13 CITY COUNCIL MINUTES February 27, 1996 7:00 P.M. SESSION NOTE: The City Council reconvened at 7:15 p.m. 12. INVOCATION A moment of silence was observed. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Brownie Troop 190 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 2579 13.1 APPEAL NO. 424, CONDmONAL USE PERMIT 2064-94, JEROME GREUBEL:Time set for a public hearing on petition by Jerome Greubel to appeal the Planning Commission's denial of Conditional Use Permit 2064-94 on September 19, 1994. A request to allow the construction and operation of a Senior Citizen Apartment Project and the construction of buildings exceeding two stories in height. The proposal includes a request for a density bonus in exchange for renting 25% of the units to low or very low income senior households. Subject property is located on the west side of Newport Boulevard, 400 feet south of Chapman Avenue 340 N. Newport Blvd.). The zoning is C-1 (Limited Business). (A4000.0)NOTE: Negative Declaration 1454-94 has been prepared to evaluate the environmental impacts of this project. THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: Orange Park Heights Senior Community requests City Council appeal based on the following: A. Due to a scheduling confusion, the project architect was absent from the public hearing, hence unable to explain the technical concerns raised by the Planning Commission. B. By the Planning Commission Chairman's admission, the Commission is only able to consider issues relevant to land use and technical issues therein. The Orange Park Heights Senior Community however has significant social, economic and community benefits which are generally responsibilities of the City Council. In addition, the development team has worked closely with the City Housing and Community Development staff for twelve months, and issues relevant to PAGE 14 CITY COUNCIL MINUTES February 27, 1996 13. PUBLIC HEARINGS (Continued) those negotiations were also not considered by the Planning Commission. We feel that the City of Orange deserves the quality senior housing our proposal provides. We feel the City Council should have the opportunity to see the project for themselves." MAYOR COONTZ OPENED THE PUBLIC HEARING. The Director of Community Development briefly reviewed the history of the project. The Planning Commission reviewed the application in December, 1995 and recommended the project to the City Council. The project is on a 2.7 acre site with a commercial zone. It includes 87 units, with a 31 % density bonus. The parking is one space per unit. The building is two and three stories in height. The maximum height is 46 feet. This is a hillside site. The driveway entering the project has a slope of 10"10. A retaining wall is located at the rear of the property which creates the terraces for the pads allowing the construction of the buildings. The retaining wall has been reduced 13 feet in height; 16 feet is the maximum height. Access to the site complies with Federal and State handicap standards. There are one and two bedroom units within the project; 600-900 sq. ft. in size. There is a 25% affordability requirement.Craig Smith, 2350 Dunes, Tustin, Architect for Mr. Gruebel, gave the following details and changes:Reduced the number of units from 92 to 87 Reduced stories from three to two on the residential portion of the project Moved the buildings away from the property lines of the adjacent residences Onsite grading was reduced to 20,000 cubic yards of net grading, and balanced the project with 4-5,000 cubic yards offill.The 29 ft. crib wall was reduced to 16ft. at its highest point.Connected pedestrian and horse trail across the site to improve the street and the sidewalks across the project. The horse trail was broken offinto a trail that will meet with Highhorse Trail.Anywhere on the site a person in a wheelchair or walker can reach the shopping center below.This meets ADA requirements.The slope was reduced to 10% with two 5% pads and turnarounds which give a gradual relief to the entire slope and provides to a flattened out approach.Mr. Smith responded to the following concerns from Keystone Pacific PropertyManagement,Inc.'s letter dated February 22, 1996:1. Wall being built on the City easement should not be the maintenance responsibility of the Association, its members or that of the City. It should be built upon the property of the developer or the City easement and be maintained by the developer of the project and his successors. The cost of repair of any damage to any adjacent property caused by the development of the project should be born by the developer and this requirement should be included in the conditions of approval. CITY COUNCIL MINUTES February 27, 1996 13. PUBLIC HEARINGS (Continued) Mr. Smith concurred. 2. Horse trail - concern that the developer's plan does not provide for the buffer required by law.The developer should be required to follow the standards established by the City regarding the installation oflandscaping per City of Orange Trail Standard Detail #3. This too should be included in the conditions of approval.Mr. Smith commented their trail is a full 10 feet wide and meets City requirements.3. The v-ditch on the border between the association and the Galbraith property - It appears that in order for the project to be constructed the v-ditch will be at least partially destroyed. The developer should be required to rebuild or reroute the v-ditch as necessary to allow for safe and proper drainage.Mr. Smith remarked the v-ditch is on their prop~. The v-ditch will not be touched; however if somethingwould happen off site, it would be repaired.The Director of Community Development commented when the property is regraded it will be terraced and the parking lots and pads will no longer drain toward the v-ditch.4. Grading Plan - The final plans have not yet been presented to the City and are not available for review. Until there is a definite grading plan we do not believe an appropriate decision on the project can be made and the matter should be continued until these plan are available and the Association has had a reasonable opportunity for review. In any event, any grading plan should provide for drainage towards Newport Avenue.Mr. Smith commented the drainage plan does provide drainage towards Newport Avenue.The Director of Community Development advised this is not a final grading plan which is not completed until after the project at this level has been approved. There is more information for this project because of the hillside terrain.The Director of Community Services announced a letter from Mr. Russell Miura, 319 N. Willow Springs Rd., Orange, outlining the same types of concerns as the Keystone Pacific Property Management, Inc. letter.The following people spoke:Jim Kubalik, 127 N. Cobblestone Dr., homeowner and member of the Board of Directors of the Cowan Hills Homeowners Association, requested that Item No. One regarding the wall be made a condition. Concern was expressed regarding the grading plan.Russell Miura, 319 N. Willow Springs Road, expressed concerns regarding the horse trai1 and no buffer between the property line; misleading to say there is no historic water coming off the mountain; has to be a drainage plan to make sure the residents are not impacted with the CITY COUNCIL MINUTES February 27, 1996 13. PUBLIC HEARINGS (Continued) who will be liable when the easement (pie shaped parcel) fails; who will maintain this piece of property; Conditions 17 and 18 regarding landscaping, Mr. Miura wants to be notified when these conditions go before the Design Review Board; and plans with the City show a pipeline that runs through his property and Mr. Greubel's - how accurate are these plans?The Director of Community Development reported there is confusion on where the precise property lines are located. The grading plan should document property lines.Bob Koenig, 265 N. Willow Springs, member of the Cowan Hills Homeowners Association spoke in favor of the project. Unclear where the property lines are and Cowan Hills Association is concerned that they would have to maintain certain properties.Bob Bennyhoff, 10642 Morada Dr., spoke in favor of the project.Mr. Gruebel, 510 W. Chapman, spoke in favor and commented this project has evolved into a market project, replacing the term senior housing with affordable housing.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Mitigated Negative Declaration No. 1454-94 as it meets the requirements of the California Environmental Quality Act and there is no substantial evidence that the project will have a significant effect on the environment or wildlife resources.MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Conditional Use Permit 2064-94 subject to the following changes to conditions: Strike Condition NO.4 and the second sentence of Condition NO.5 which strikes the affordable clause out of this project.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None PAGE 17 CITY COUNCIL MINUTES February 27, 1996 RECESS MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 8:07 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 potentialcase).b. Conference with Labor Negotiator pursuant to Government Code Section 54957. 6:City Negotiator: Personnel Director.Employee Organization: All Employee Organizations List Available in Personnel Office).c. Public employee appointment pursuant to Government Code Section 54957: City Attorney d. To consider and take possible action upon such other matters as are orally announced by the City Attorney, 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.16. ADJOURNMENT MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to adjourn at 9: 35 p.m. to an Adjourned Regular Meeting with the Planning Commission,March 5, 1996 at 4: 30 p.m. in Conference Room C for a presentation by the Design Collaborative regarding the vision for the downtown area.1~~,,({'~t<;SANDRA ~~HCART, CMC CITYCLEP. K7 Jj_i / . / H.. fC7~ JOANNE C. COO MAYOR PAGE 18