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05-28-1996 Council MinutesJ .~,,\ .... ~.\_'.c;I 2':)6 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA May 28, 1996 The City Council of the City of Orange, California convened on May 28, 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 Slater 1. 2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Resolution No. 8606 was presented to John Aguiar, Fire Department, commending him for thirty-twoyearsofloyalanddedicatedservice.The Director of Public Works announced the Southern Pacific Railroad crossings on Katella will be upgraded the week of June 24th, and completed in approximately two weeks. The City will handle the detouring and paving will be done to match the grade of the railroadcrossing.1.4 PROCLAMATIONS - None 2.CONSENT CALENDAR Tape 302 2.1 Declaration of City Clerk, Cassandra 1. Cathcart, declaring posting of City Council agenda of a regularmeetingofMay28, 1996 at Orange Civic Center, Main Library, Police facility at I 107NorthBatavia, and Eisenhower Park Bulletin Board; all of said locations being in the City ofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaid regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2.2 Request Council confirmation of warrant registers dated May 14 and 17, 1996.ACTION: Approved.2. 3 Approve the following City Council Minutes: Regular Meeting, May 14, 1996 and Adjourned Regular Meeting, May 16, 1996.ACTION: Approved.PAGEl CITY COUNCIL MINUTES May 28,1996 2. CONSENT CALENDAR (Continued) AGREEMENTS 2.4 Request Council approve the agreement for Provision of Gang Prevention and Suppression Services between the County of Orange and the City of Orange. (A2100.0 AGRI853.D) FISCAL IMPACT: $70,514 has been budgeted in the 1996/97 Budget 100- 4032-426700 Gang Unit Program, Professional and Consulting Services).ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEP ARATEL Y)2.5 Request Council approve a Promotional License Agreement with the Orange Mall Development Associates for the C.O.P.S. Expo '96 to be held on June I and 2, 1996.A2100.0 AGR-1372.H) FISCAL IMPACT: None The Police Chief reported the C.O.P.S. Expo '96 will provide an entertaining and educational opportunity for the public.. MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City. 2.6 Request Council approve Agreement providing traffic signal maintenance with Peek Traffic/Signal Maintenance, Inc. (A2100.0 AGR-0332. B)FISCAL IMPACT: $51,250.00 to be funded from the Contractual Services Account No. 100-5032-427100-0000.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.7 Request Council approve an Encroachment Agreement with Multivision Cable for permission to install a fiber optics telecommunications cable on Loma Street from the City of Orange/City of Anaheim boundary south to the City of Villa Park. ( A2100.0 AGR- 2614)FISCAL IMPACT: None.ACTION: Authorized the Mayor and City Clerk to execute on behalf of CITY COUNCIL MINUTES May 28, 1996 2. CONSENT CALENDAR (Continued) BIDS 2.8 Request Council authorization to invite bids for reconstruction of Palmyra Avenue- Gardner to Tustin and Sycamore-Wayfield to Highland, SP 3154. (S4000.S. 7)FISCAL IMPACT: Funds in the amount of $244,500 have been budgeted inCommunityDevelopmentBlockGrantfunds, Account No. 310-6058-483300-3299. Depending upon the bid results, staffwill be making an appropriate recommendation on funding.ACTION: Approved.CLAIMS 2.9 CLAIMS FOR DAMAGES FROM:a. Herbert Glauser b. William H. Green c. Mary Lou Yandura FISCAL IMPACT: None.ACTION: Denied claims and referred to City Attorney and Adjuster. (C3200.0) CONDITIONAL USE PERMIT EXTENSION REMOVED AND HEARD SEP ARATEL Y)2.10 Request Council grant a one year extension of time for the approval of Conditional Use Permit 2048-93, allowing the sale of beer and wine in conjunction with the sale of motor fuel at a proposed automatic car wash with a gas station and mini-market at 1234 N. Main Street. If granted, the effective approval date would extendfromApril26, 1996 to April 26, 1997. ( C3300.0 CUP-2048-93)FISCAL IMPACT: None.Discussion: Barbara DeNiro, 1118 E. Adams, asked what assurance the City has that the car wash would be followed through with; is any City money involved; and how is the extension qualified?The Director of Community Services responded he did not believe there is City or Redevelopment funding in the project. There is also no assurance the project would be completed in one or even two years after the project is approved, and since the project was started and almost completed, the City is required to ask them to obtain an extension.If the extension is not granted, they would have to curtail their operations.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor CITY COUNCIL MINUTES May 28,1996 2. CONSENT CALENDAR (Continued) ACTION: Approved. CONTRACTS 2.11 Request Council award a contract in the amount of $101,508.00 to Psomas and Associates for conversion of sewer system from map sheets to computer Geobase. A2100.0 AGR- 2613)FISCAL IMP ACT: Funds have been budgeted in Account No. 520-5011- 485100-9305 Geobase System).ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.12 Request Council award a contract in the amount of $39,500.00 for survey and design of the La Veta Avenue and Glassell Street critical intersection improvement project to Merit Civil Engineering. (A2100.0 AGR-26l2)FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program in Account No. 262-5011-483300-3017 (Measure M Traffic Improvements).ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.GRANTS 2.13 Request Council authorize receipt of a $9, 60 I grant from the California State LibraryFederal Library Services and Construction Act Funds). (C2500.I)FISCAL IMPACT: Allocate $9,251 to Account 100-2001-443101-9915 ( MajorUrban Resource Library 96/97) and $ 350 to 100-2001- 429400-9915 (Local Conferences/Training) as mandated by the grant.ACTION: Approved.PARKING RESTRICTIONS 2.14 Request from Orange High School for the temporary suspension of permit parking restrictions within Area A on June 9, 1996 for Baccalaureate, and on June 13, 1996 for Graduation ceremonies. (S4000.S3.1.2)FISCAL IMPACT: None.ACTION: Approved. 2.15 Request from Hugs For Health Foundation for temporary relief of on-street parking restrictions on both sides of south Batavia Streetfrom La Veta Avenue northerly CITY COUNCIL MINUTES May 28, 1996 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: None. ACTION: Approved. RESOLUTIONS 2.16 RESOLUTION NO. 8628 A Resolution of the City Council of the City of Orange approving Lot Line AdjustmentLL96-2 adjusting a lot line of certain real property situated at the commercial center presently known as The City Shopping Center in the City of Orange, County ofOrange,State of California. (C2500.M.16.1 LLN-96-2)OWNER: Metropolitan Life Insurance Co.ACTION: Approved.2.17 RESOLUTION NO. 8624 A Resolution of the City Council of the City of Orange approvingrevisedFiscalAgentAgreementandAcquisitionAgreementforCityofOrange Community Facilities District No. 91-2 (Serrano Heights Public Improvements), and directingtheexecutionanddeliverythereof ( TllOO.0. 2 CFD- 91-2)ACTION: Approved.SPECIAL EVENTS 2.18 Request from the YWCA, 146 N. Grand, to close N. Grand Street from Chapman to Maple Avenue on Saturday, June 1,1996 from 4:00 p.m. to 11:00 p.m. as part ofa special event. ( p1300.0. 9)FISCAL IMPACT: None.ACTION: Approved.2.19 Request to conduct a special event/carnival at K-MART, 1855 N. Tustin Street on June 6-9, 1996. (p1300. 0.9) CITY COUNCIL MINUTES May 28, 1996 2. CONSENT CALENDAR (Continued) TRAFFIC STUDY REMOVED AND HEARD SEPARATELY) 2.20 Request Council accept Briardale Avenue Neighborhood Preservation Study. (S4000.S.3) FISCAL IMPACT: Estimated $4,500.00 will be provided utilizing Contractual Services Account No. 100-5032-427100 of the General Fund.Discussion: The Director of Public Works reported a preliminary data collection scoped the area with apparent problems of through trips, identifying 200 trips during a.m. and 100 trips during p.m. peak periods. The consultant would do a study to more clearly scope the problems and generate the data needed to analyze alternatives. Work would begin next week and the analysis would continue over the summer months. The consultant would provide the staffing needed for the project.Vera Mater, 1774 N. Lincoln St., thanked staff and Council for their assistance, indicating that traffic problems are worse since the study was initially done. The neighborhood is being used as a shortcut to bypass the stop lights on Meats, and expressed concern for school children.Bob Mickelson, 121 W. Rose, representing Southern California Presbyterian Homes indicated SCPH will provide up to $4,500 for the study. SCPH continues to indicate their intention to be responsible, cooperative citizens in the City of Orange, not only by building a fine project, but also by cooperating in civic affairs. The site of the proposed senior care facility does not contribute to the traffic problems that already exists.Barbara DeNiro, 1118 E. Adams, asked if the commitment is $4,500 or $ 45,0007 Councilman Murphy explained the $45,000 is the left turn phasing signal modification which is addressed in Item No. 2.21.MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved use ofa data collection service to provide data necessary to complete the study and referred the study to the City Traffic Commission for consideration and recommendations at their June, 1996, meeting.REMOVED AND HEARD SEPARATELY)2. 21 Request Council accept traffic study of Rancho Santiago Blvd. between Chapman Ave.and Pearl St. (S4000.S.3)PAGES CITY COUNCIL MINUTES May 28, 1996 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: $45,000.00 has been budgeted for the traffic signal modification utilizing TSIP Area B funds in the Traffic Signal Modification Account No. 284- 5032- 483100-6125.Discussion: The Director of Public Works indicated staff was directed to prepare the traffic study based on recent Council approval of a CUP for an auto repair facility. Left turn phasing, bus stop locations, schedule ofbuses, parking restrictions, accident records,school routes and coordination with the county relative to streets under split jurisdiction,were specific items to be considered.The traffic signal at Chapman Ave. and Rancho Santiago Blvd. will be modified to add left turn phasing and make it easier to exit the driveway from the Bank ofAmericaproject.The bus stop is the best location for the facility. Currently two buses stop at that location.Route 158 will be eliminated at the location effective June 6th.Additional parking restrictions adjacent to the commercial properties onRanchoSantiagoBlvd. and Pearl St. would not be beneficial to the residential neighborhood, astheparkingdemandwouldstilIbepresentandbedrivenfurtherintothe residential neighborhoods.There have been no reported accidents at the intersection of Rancho Santiago Blvd. and Pearl St. over the past 24 months. StaffwilI monitor the location after the completion of the project and the automotive repair shop opening, to determine if an additional study is needed. The automotive repair shop would be able to open before the left turn phasing is completed, and it is anticipated the project would not be operational before the end of the calendar year.Mayor Coontz requested a copy of the staff report be sent to the East Orange Improvement Committee and to individuals concerned with the auto repair shop project.MOTION - Barrera SECOND - Slater AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Received and filed.MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Item Nos. 2.5, 2.10, 2.20 and 2.21 were removed and heard separately. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None PAGE 7 CITY COUNCIL MINUTES May 28,1996 4.REPORTS FROM COUNCILMEMBERS Tape 892 Councilman Spurgeon reported that the campuses of Rancho Santiago are being split into two colleges, but will continue to be under the Rancho Santiago District. There is solicitation going on to name the Orange campus, and he requested Council's input for names to recommend to the Board of Trustees prior to the next meeting. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1 Appoint Marcia Salley to the Community Video Advisory Board to fill the vacancy created by Pat Buttress. (Continued from May 14, 1996.) Tape 930 Mayor Coontz indicated that Pat Buttress is willing to give an overview of the Board's duties to the new members on the Community Video Advisory Board. (ORI800.0.28) MOTION SECOND AYES Coontz Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to appoint Marcia Salley.5.2 Reappoint the following members to the City Traffic Commission, term to expire June 30,2000: ( ORI800.0.19)Richard Yarger Joe Fortier MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the reappointments.6. ADMINISTRATIVE REPORTS Tape 966 6. 1 Report from the Finance Director regarding the financing of the 800 MHz System.The Director of Finance indicated that the Police Department has worked with the County of Orange, other cities in the county, and the Motorola Communications Company to develop a county-wide coordinated communications system.Participants in the Countywide Public Financing Authority would include the cities ofBrea, Buena Park, Fullerton, Garden Grove, San Clemente, Santa Ana, Seal Beach, Stanton and Tustin. The Authority would issue revenue bonds to finance the cost of the system. If all the cities adopted the necessary actions within the proposed time table, the bonds would be sold at the end of July,and the City of Orange would receive approximately $3,038,000 in net proceeds to pay for its PAGES CITY COUNCIL MINUTES May 28, 1996 6. ADMINISTRATIVE REPORTS (Continued) portion of the system. The term of the bonds would be for ten years and the anticipated debt service paid from Prop 172, Utility Funds, Gas Tax, and the General Fund would be $460,000. By eliminating the need for capitalized interest, the City saves approximately $1 million over thelifeofthebonds. The construction period for the system would be within in two years. The Police Chief reported the new system allows 90 radio channels; provides for a portable radio to be used inside a building; communication at greater distances; and emergency services to behandledmoreeffectively. Brian Quint, representing the law firm of Jones Hall Hill and White, San Francisco, reported theleasefinancingmechanismisthemostcommon, and making the system subject to the lease eliminates the county from being a party to the transaction. The bond counsel uses an existingCity-owned asset, which would be leased to the Financing Authority and immediately leasedback,providing the legal ability to make the lease payments immediately and eliminating the need to capitalize the interest. Funds are saved; title never leaves the City; and the City's obligationwouldbetomakeleasepaymentsfromtheGeneralFund. Bond insurance is the most cost effective method due to the low interest cost and best market access.RESOLUTION NO. 8621 A Resolution of the City Council of the City of Orange authorizing the execution of a Joint Exercise of Powers Agreement creating the Countywide Public Financing Authority. MOTION SECOND AYES Spurgeon Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Resolution No. 8621 as introduced, be adopted and same was passed and adopted by the precedingvote.RESOLUTION NO. 8631 A Resolution of the City Council of the City of Orange approving financing proceedings for the City's share of the Countywide 800 MHz Communications System, approving issuance of Revenue Bonds by the Countywide Public Financing Authority for such purpose, and approving related documentsandofficialactions. (A2100.0 AGR-2615)MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Resolution No. 8631 as introduced, by adopted and same was passed and adopted by the preceding vote.PAGE9 CITY COUNCIL MINUTES May 28, 1996 6. ADMINISTRATIVE REPORTS (Continued) ORDINANCE NO. 15- 96 An Ordinance of the City Council of the City of Orange approving the public lease back of certain facilities with the Countywide Public Financing Authority. MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance No. 15-96 have first reading waived and same was set for second reading by the preceding vote.6. 2 Report from the Community Development Director regarding the Super Sports Facility on Meats Avenue at Canal Street. (C3300.0 CUP-2050- 93)The Director of Community Development presented a report in response to a petition presented by Richard Elgas at the April 23, 1996 Council meeting, which was signed by individuals in the neighborhood surrounding the Super Sports facility. A flier was circulated giving the community an opportunity to address their concerns which were difficulty with lights, noise, security, hours of operation, and uncontained golf balls. Some issues have been resolved and others have not.Mayor Coontz indicated she and Councilman Slater had visited the Super Sport facility site to view and assist in the operation first hand, and many suggestions received came from that visit.The Director of Community Development reported the conditions of approval require the fairway lights be turned off at10:30 p.m. In the original proposal, the business closure time was 10: 00 p.m. The Police Department found the facility to be in compliance. One date was identified where the lights were on late in the evening which was related to an electrical panel located in a field area between the roller hockey rink and the speed soccer rink. The facility operators are proposing to double fence the electrical panel to adequately secure it. Minor construction will be done to add a remote control model car use, which would contain the area and assure that improper individuals would not be accessing the electrical panel.A noise study was received today that was commissioned by the Super Sports facility, which states the noise standards of the City of Orange are being complied with at the property boundaries. A primary way to reduce noise would be to insulate the sideboards of the roller hockey facility. The roof covering is allowed on a temporary permit by the Fire Department for a six month period, expiring in late summer. Staff will address replacement of that facility, and take into consideration noise and aesthetics. The facility operators are also in the process of raising netting in appropriate locations to contain golf balls to the facility.PAGE CITY COUNCIL MINUTES May 28,1996 6. ADMINISTRATIVE REPORTS (Continued) The best containment and control of noise and lights would be to have strict compliance with thehoursofoperation, suggesting Council direct staff to continue discussions with Super Sports andtheneighborstoaccomplishthefollowing: 1) Achieve strict compliance of hours of operationandlightsout; 2) Minimize noise generation through facility design modification and compliancewiththehoursofoperation; 3)Ensure that responsible site security is provided, including theeliminationofafterhoursactivity; and 4) ensure the site is maintained to be safe and aestheticallypleasing. Mayor Coontz commented Mr. Elgas had invited them to visit his home, which they will be doing,to review his concerns. She expressed the need to continue the Committee to see how thingsworkout. Further, an application had not been received for the extension of hours. Carole Walters, 534 N. Shaffer, commented on the importance of the residents being taken care of, as they lived there before the Super Sports facility was constructed. Concerns were expressed relative to the facility not being used by community residents; home depreciation; noise; hours of operation, uncontained golf balls, and aesthetics by the followingindividuals: Michael Mikulics, 1119 Cumberland Rd. Lucia Elgas, 1032 Cumberland Richard Elgas, 1032 Cumberland Barbara DeNiro, 1118 E. Adams, asked when the fence wilI be repaired from the police chasethanoccurredinDecember? Kent Hawkins, 2190 Canal, 2190 N. Canal, representing Super Sports, reported the followingstepshavebeentakentoaddresstheconcernsoftheneighbors: the security company will escort individuals out of the facility at 10: 15 p.m. on a daily basis. signs wilI be posted on the front gates with the facility hours. fabric was taken off the south side of the dome structure, and a second set of stands were putintoeliminatenoise. the maintenance area was cleaned up; wood structures were being placed over the groundlighting; and weeds had been cleared from the area. netting had been added on the south side and they are working with staff and their engineerrelativetothenettingonthenorthside. Mayor Coontz suggested Mr. Hawkin's look at when the games start to ensure timely closure. Mr. Hawkins reported he is in the process of completing the claim application, and gatheringpicturesandbidsthatalsoneedtobesubmittedrelativetotherepairofthenetting. PAGE 11 CITY COUNCIL MINUTES May 28,1996 6. ADMINISTRATIVE REPORTS (Continued) MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file the report.6.3 Treasurer' s Report - Period ending April 30, 1996 (C2400.F)The Director of Finance reported that the invested balance at the end of the month was $114.59 million which was an increase of over $7 million from the prior months. The increase in the invested balances was accounted to the receipt of property taxes in mid-April. Ending April, the Local Agency Investment Fund balances was over $6 million. The portfolio yield to maturity was 5.38% and the average maturity of the portfolio was 1.8 years. The market value was 98.37% of book value, which was slightly down from 98.65% for the month of March.MOTION SECOND AYES Murphy Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file the report.7.REPORTS FROM CITY MANAGER Tape 2492 7.1 Report on the Orange County Division of the League of California Cities' proposal for Orange County cities, including the City of Orange, to enter into a joint powers agreement to establish the Orange County Council of Governments, a multi-agency board to address regional planning issues. (A2100.0 AGR-2611)The City Manager reported there are approximately 500 Council of Governments in operation throughout the United States. The Council of Governments, referred to as "COG", provides an organizational structure for public agencies to mutually address regional issues without forfeiting any authorized power of any of the member entities. They stilI stand as a local government with local control. The COG proposed would provide a voluntary forum for cities, other public agencies and representatives of private sector and university sector, to meet in a singular setting to discuss issues of regional concern, to build consensus and to pursue innovative effective solutions to regional matters that are beyond the scope of anyone agency. An important potential task of the proposed COG might be to address possible local government restructuring issues at a local level, involving participants, as opposed to looking at the issues from a state or county governmental perspective. Another possible task may be to look at ways of providing improved regional services or services which are not municipal in nature, and which are not specifically assigned to a county government, as an implementing arm of any federal or state government.The participating agencies in the proposed Orange County COG would provide the City of Orange and other agencies with a formal vehicle to participate in and help shape the discussion on regional matters of interest to the City. Currently the City is an active participant in the Regional PAGE 12 CITY COUNCIL MINUTES May 28, 1996 7. REPORTS FROM CITY MANAGER (Continued) Advisory Planning Council, referred to as "RAPC", which was established in 1991 and functions much like the proposed COG. In order not to create another layer of government and duplicateefforts, the Regional Advisory Planning Council would be dissolved in favor of the establishmentoftheCOG. The Orange County Council of Governments would greatly improve the Orange County influenceinregionalplanningmatterswithinthelargerSouthernCaliforniaarea. Currently, within surrounding county areas already having developed the COG, Orange County is missing a strongvoice, as it could be heard in important Southern California regional matters, such as quality of housing, jobs, and air quality management issues. The proposed Council of Governments would initially consist of 22 participating members, whichisunlikemanyoftheCOG's throughout California, in that it provides private sectors help to create a broader consensus of agencies that exist in Orange County. It cannot assume anygovernmentalpowersnotspecificallyauthorizedtoitbyagreementbetweentheCOGand the affected county government, and cannot take an action to assume the local control, especially on a land use issue from any other agency. A letter was received from the Building Industry Association "BIA" which voiced specific concerns that he felt the City should look at, and a response from the Orange County Division oftheLeagueofCitiestothoseconcerns, which he feels adequately addressed the issue raised. TheissuewasbroughtbackupasaCouncilofGovernmentsbytheCityManager's organization in Orange County out of frustration in dealing with some regional issues. Further, the he indicatedtherewouldbenomembershipduesandfundingwouldcomefromafederalplanninggrant. Mayor Coontz reported that Janet Huston, Director of the League of Cities, advised the City of Orange that 16 or 17 cities in Orange County are paying members of SCAG. It indicated the CityofOrangediscontinuedSCAGmembershipseveralyearsago, however, recognizes that SCAG is a tremendously powerful agency in California. RAPC is not funded by the cities, but representsthecitiesasabasisforcommunicationwithSCAG. The Orange County COG would substituteforRAPC, therefore, the City would be able to express concern as a local city to SCAG throughCOG. Darryl Hall, legislative representative for the Orange County Division of the California League of Cities, reported that COG is similar to RAPC in that member agencies would provide the staff.The League serves as the lead coordinating agency, and the County, OCT A, and TCA's as member agencies would share staff responsibilities. The advantage of the transition from RAPC is forming a GP A allows the entity to representOrangeCountywithintheregional, state, and federal level, and provides the opportunity to pursue federal grants. Money is received through SCAG (Federal Transportation Planning),which allows them to aggressively pursue quality grants that Orange County is currently not receiving. Part of the advantage of the proposed membership would be all the Orange Countyagenciesthatareimpactedbyregionalplanswouldbetogetherinoneforumtodevelopatrue PAGE 13 CITY COUNCIL MINUTES May 28, 1996 7. REPORTS FROM CITY MANAGER (Continued) consensus on Orange County's position, which would then be taken to SCAG and the Air District to advocate on behalf of Orange County. Since the early 1990's SCAG received more money which has given them more influence in implementing issues. The private sector has an advisory role and are not voting members of the organization. The university and private sector representatives were added to provide their perspective on the issues. Currently 18 cities in Orange County have signed up for membership in the Orange County County of Governments, indicating all cities that have agendized the membership have adopted it unanimously. The TCA's. and Sanitation Districts have indicated they will recommend joining the COG, once it is formed and OCT A has not yet taken a position. In order to form the Orange County COG, it would take a minimum of sixteen cities and a majority of the population. Assuming the cities that have agendized the item approve it, a majority population should be reached by next week. The COG would be similar to the current structure ofRAPC. In addition to the 11 city SCAG representatives which are by district, there would be the cities air quality representative, a newly created at-large representative which would come through the City Selection process, which could be any of the Orange County cities. There is also one League of Cities appointment, which would come from the Steering Committee of the League. TCA, OCTA, and special districts are stilI representatives.It was confirmed that even though the City's SCAG District is comprised of three cities that are not members of SCAG, the City's participation on RAPC would automatically give the City of Orange a position on the seat of the Orange County COG. The staffing would be similar to the current policies ofRAPC, in that the League of Cities would be responsible for the agendas and having staff available for various projects. The Executive Management Committee would be comprised of the directors of each of the member agencies, plus five City Manager's by Supervisorial District, and would be responsible for reviewing the agenda items before they go to the Board, in order to obtain a consensus before it goes to the policy level. The Technical Advisory Committee is primarily comprised oflocal agency planners which look at planning and public works technical issues. The Private Industry Task Force primarily focuses on air quality issues.Mayor Coontz reported that a letter had been received from the BIA and a response, indicating the BIA requested the City confirm that land use decisions would not be a part of the COG.Mr. HilI responded that they met with representatives from the BIA, and indicated to them that the cities are not interested in having COG get involved in land use issues. He indicated that beyond the six functions listed is what the proposed COG would work on, and the idea of any new activity would be to have two-thirds support of the Board plus the agreement of the Agency that would currently perform the task. It would not just take over functions, but would work in a collaborative manner, and further stated an appropriate activity could be given to the group. CITY COUNCIL MINUTES May 28, 1996 7. REPORTS FROM CITY MANAGER (Continued) Councilman Slater stated that as the City's representative on RAPC, he gives a strongendorsement. The cities and the counties are supportive of the membership because it gives the county more influence in regional planning issues. MOTION SECOND AYES Slater Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that the City of Orange enter into a Joint Powers Agreement to establish the Orange County Council ofGovernmentsandasstatedbyJanetHuston, that the COG will not be involved in specific landuseissues.8.LEGAL AFFAIRS Tape 3184 8.1 ORDINANCE NO. 13-96 An Ordinance of the City Council of the City of Orange amending Chapter 5.78 of the Orange Municipal Coderelatingtotheregulationofvehiclesforhire. (A2500.0 Vehicles for Hire)MOTION SECOND AYES Barrera Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance No. 13- 96 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.2 ORDINANCE NO. 14-96 An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code andapprovingthereclassificationofpropertysituatedonthenorthsideofTaftAvenue, 400 feet west of Tustin Street. (ZI500.0 ZCG-1178-95)Zone Change 1178-95 Applicant: Southern California Presbyterian Homes Barbara DeNiro, 1118 E. Adams, asked why there is a first reading on the Ordinance when theCUP, zoning, and General Plan Amendment were handled last time? Also, does removal of the lot lines have anything to do with it? The City Attorney responded the reason for holding the Ordinance for second reading and adoption was for the purpose of working out the language on the deed restriction. Mayor Coontz suggested Ms. DeNiro direct further questions to the City Manager. PAGE 16 CITY COUNCIL MINUTES May 28, 1996 8. LEGAL AFFAmS (Continued) Bob Mickelson, 121 W. Rose, representing SCPH, concurred with staff's recommendation stating the unusual situation of the special deed restriction, indicating he was currently working with the City Attorney's office on the issue. There was a condition of approval that a reversion to acreage or parcel map be filed, or whatever would be appropriate, to eliminate the four lots and combine them into one large parcel again, which would be a separate action. MOTION SECOND AYES Murphy Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance No. 14-96 have first reading waived and set for second reading at a time to be determined by the preceding vote, subject to the deed restriction language being agreed upon and a modification to the draft Resolution to correct the name of the City Clerk.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS - None 11. RECESS MOTION SECOND AYES Murphy Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 6:30 p.m. and reconvened at 7:25 p.m.a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. Ali Roushanzarnir vs. City of Orange, et al., Orange County Superior Court Case No.73-73-18 b. Conference with Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.9( c) (one potential case).c. 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).d. Public employment pursuant to Government Code Section 54957: City Attorney.e. Acquisition of real property pursuant to Government Code Section 54956.8:Property: 1420 N. Cannon Negotiating Parties: Mr. and Mrs. Eugene Hansen Negotiating: Price and terms of payment PAGE 16 CITY COUNCIL MINUTES May 28,1996 11. RECESS (Continued) f 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 recessindicatesanyofthematterswillnotbeconsideredinClosedSession. 7:00 P.M. SESSION 12.1 INVOCATION Pastor Rick Rzeszewski, Orange Coast Community Church 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Slater 12.3 ANNOUNCEMENTS - None 12. 4 INTRODUCTIONS - None 12.5 PROCLAMATIONS - None 12.6 PRESENTATIONS Chief Robertson presented the 1996 Orange Police Department's Citizen Police Academy graduates. Ron SandsandKayTrotter, graduate members of the Academy, presented their view of the Academy; expressed appreciation to the Police Department for their dedication,commitment and knowledge; and the City Council for implementing the program. (C2500.K)13.PUBLIC HEARINGS Tape 4188 13.1 JOINT PUBLIC HEARING, 1996/97 FISCAL YEAR BUDGET, CITY OF ORANGE:Time set for a joint public hearing with the Orange Redevelopment Agency to consider the adoption of the 1996/97 Fiscal Year Budget and adopting the limitation of certain appropriations in accordance withArticleXIIIoftheCaliforniaConstitution. (C2500.J.l.l)The CityManager submitted the budget proposal for the period July 1, 1996 through June 30,1997. Subject tothetestimonyreceivedatthepublichearing, adoption of the documents would ensure the City has legally adopted the budget appropriations in accordance with State law, met all the requirementsoftheGannInitiative, and complied with Measure M funding requirements of the Seven YearTransportationCapitalImprovementProgram.The proposed budget represents the first year of a three year improvement plan for restructuring the City'sbudgetsoastoenhanceouralreadystrongfinancialposition; to redirect City resources to better serve the citizens and businesses of the community; and to help maintain focus on PAGE 17 CITY COUNCIL MINUTES May 28,1996 13. PUBLIC HEARINGS (Continued) organizational, product and service improvements; and to reinvest in certain aspects of the public's infrastructure which had been deferred during the recession. The proposed budget directs municipal resources and operations towards maintaining and improving prized community assets. Some of the most valuable assets are: The best downtown in Orange County, as voted upon by readers of The Orange County Register. One of the safest cities over 100,000 in population in the nation, as measured by FBI crime statistics. An outstanding business location, and the home to several major corporations, hospitals, hotels, auto dealerships, and a strong and diverse group of small businesses. Well-maintained and attractive residential neighborhoods featuring rentals, condominiums,starter homes, move-up homes, equestrian and executive estates.Quality educational opportunities, from pre-school through post graduate programs at Chapman University.An efficient municipal government, featuring one of the lowest rates of city employees per one thousand residents for full-service cities of comparable size in the state, and the lowest water utility rate in the county.A community of tremendous volunteer spirit, and the home of many successful charitable organizations and foundations.Increasing development and investment activity, including upcoming major projects such as The Mills redevelopment of The City Regional Shopping Center.The proposed budget aims to improve City services while simultaneously reducing operating costs. The proposed budget reduces expenditures in certain areas in order to increase funding in others. Middle management positions have been reduced, while the number of part time and seasonal positions have been increased. This has been done to provide better first line response to customer requirements for quality municipal products and services. Highlights of improved services include:Creatively expanding recreational programs into neighborhoods without nearby park and school programs.Improving the efficiency and number of hours in Police Field Services by hiring three new partially grant-funded Police Services Officers.Saving more lives by implementing two additional Paramedic Assessment Units.Developing a new Information Technology Center in the Main Library to provide improved public access to library information.Establishing a new internal service fund to address deferred maintenance of major building components such as air conditioning systems, roof replacements, flooring replacements, major electrical, plumbing or other critical deficiencies.The proposed budget aims to improve the efficiency of the delivery of city products and services. Highlights of CITY COUNCIL MINUTES May 28,1996 13. PUBLIC HEARINGS (Continued) Taking advantage of improvements in information management technology by transferring upto $800,000 from excess self-insured insurance reserves to fund various information management system improvements. This investment will continue to allow the City toreducestaffingwhileimprovingturnaroundtimesandaccesstoneededpublic information.Increasing contract services where private providers can provide quality services at alowercostthanCitypersonnel. The proposed contractual services budget for FY 1996-97 is $13.85 million, and it includes restoring the Employee Assistance Program cut out ofthebudgetduringtherecession, increasing contract services for street tree maintenanceandsidewalkrepair, increasing contract services for overflow building inspection and plan check services,new contract services for park mowing operations for about 45% of park turf areas, new contract services for ball field maintenance at three parks, and new contract custodial maintenance in all City park restrooms.Reducing staffing and reassigning duties where possible. The proposed budget recommends no layoffs, but eliminates 30 vacant full time positions in favor of additional contract, part time and seasonal services. The recommended total budget for full time equivalentpositionsin709.37 positions. This is a net reduction in full time equivalent positionsof 7.53 positions.Full time city employment per one thousand residents is at its lowest level in decades,proposed at 5.12 full time City employees per one thousand residents.Theproposed $49.31 million general fund budget is balanced with no tax, rate, or fee increase proposals. The operating portion of the proposed general fund budget is 4/l0ths of1% higher than the comparable operating portion of this year's adopted $49.09 million generalfundbudget.This 4/lOths of 1 % increase includes full year funding of the 2% salary increaseofDecember1995, funding vacation buyouts for current employees as an operating expense in1996-97, and full funding of vehicle depreciation charges. On a equal comparison basis, the operating portion of the proposed general fund budget has been reduced by 2.6%.Consistent with a forecast of a modestly growing economy in Southern California, general fund revenues are projected at $49.55 million, an increase of9/l0ths of 1% fromthecurrentyearestimateof $49.11 million. Included in the revenue estimate for 1996- 97 are some one-time revenues from the sale of two City parcels to theStateDepartmentofTransportationforInterstate5wideningpurposesandsomeone- time Public Employee Retirement System refunds.With the improved economy, and to better prepare the City forthefuture, a formal reserve fund policy is being recommended with budget adoption. This policy would establish a formal 25%reserve for the general fund. In addition, it is proposed that theCitycreateanewinternalservicefundforthereplacementofmajorbuildingsystemssuch as roofs, plumbing, heating and air conditioning CITY COUNCIL MINUTES May 28,1996 13. PUBLIC HEARINGS (Continued) The City has deferred these major maintenance items for a number of years, and management believes that the City must address this issue in this coming budget year. A proposed transfer of 1. 5 million from general fund reserves would provide an initial funding source for addressing the most serious building deficiencies. As discussed during the budget study session on April 30, the proposed budget and the proposed Capital Improvement Program have been revised to include 750,000 in Fiscal Year 1996-97 expenditures for addressing the first phase of these deferred maintenance items. The first phase consists of three projects, and they are included in the Capital Improvement Program.The budget represents the first year of a planned three year goal of budget realignment. Several improvements, including revising the format of the budget document itself to include additional financial information which we believe will be more useful to the City Council, staff, and the public. Over the next two years, it is my goal to present the City Council with budgets which will include full recurring funding for all employee accrued benefits and year funding of any employee salary adjustment which may be negotiated with partial year impacts. Ending the work furlough program in the following Fiscal Year and City employees not represented by the police and fire associations have been working a reduced, 36 hour work week since September 1992 when the State expanded its program of diverting $5 million in recurring City revenues to other public agencies to balance its own budget.Councilman Slater questioned the funding for the Miss Orange Pageant, commenting he realizes Miss Orange is a promotion for the City, and although he supports the Miss Orange program,suggested it be trimmed another $2,000 and addressed in next year's budget.Mayor Coontz reported in 1991-92 budget, drastic cuts were made to budget for community events and activities, however, the Chamber of Commerce membership and the Miss Orange Pageant continued to be funded due to community protest. The amount was reduced over the years, and $5,000 has been funded since Fiscal Year 1989-90. It has been suggested to the Miss Orange Pageant they start to obtain their own financing for the program.Councilmembers agreed to reduce the amount for the Miss Orange Pageant in the next year's budget allowing them to begin raising funds.The Assistant to the City Manager indicated in the current year $4,200 had been used for scholarships, and $800 for the pageant out-of-pocket expenses.MAYOR COONTZ OPENED THE PUBLIC HEARING.THERE BEING NO COMMENTS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater CITY COUNCIL MINUTES May 28, 1996 13. PUBLIC HEARINGS (Continued) Moved that a grant application procedure be established with summary information to be presented to the Council for their consideration on five issues, and additional ones if the CityManagerfindsitnecessary. 1) The purpose of the proposed grant; 2) Restrictions required bythegrantingagency; 3) City dollar matching requirements; 4) lengthen other terms of proposedgrants; and 5) Evaluation to determine if City is proper grant applicant and if the City would be competing against community organizations for funding. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to include in the Community Development Department current planning program for 1996-97- WorkPlan, Item No.5 in conjunction with the Economic Development Department complete aplanfora "vision" and an updated zoning designation for the City's 1500 acre IndustriaI/Northwest RedevelopmentProject Area by June, 1997.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that the Economic Development Department Administration and Project Program 1996-97 - Work Plan NO.7inconjunctionwiththeCommunityDevelopmentDepartmentcompleteaplanfora "vision" and anupdatedzoningdesignationfortheCity's 1500 acre IndustriaI/Northwest Redevelopment Project Area by June, 1997.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to authorize a subcommittee of the Mayor and Councilman Murphy to amend the City Council Mission Statement, Department Goal Service Objectives and 1996-97 Work Plan as an ad hoc committee; to review with other members oftheCouncilandaskfortheirinput, and include this revision in the final budget plan, whichwouldbebroughtbacktothepublic.RESOLUTION NO. 8629 A Resolution of the City Council of the City of Orange adopting said City's Budget for the Fiscal Year 1996-97 and relating to transfers offundsbetweenandwithinappropriations, transfers between funds and additional appropriations.MOTION SECONDAYESSpurgeonMurphyMurphy, Barrera, Mayor Coontz, Spurgeon, Slater PAGE 21 CITY COUNCIL MINUTES May 28,1996 13. PUBLIC HEARINGS (Continued) Moved to approve Resolution No. 8629 approving and adopting the Fiscal Year 1996-97 Budget,same being passed and adopted by the preceding vote..RESOLUTION NO. 8630 A Resolution of the City Council of the City of Orange adopting the appropriations limit for the Fiscal Year 1996- 97. MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Resolution No. 8630 adopting the Gann Appropriations limit of $67,444,549 for fiscal year 1996-97, same being passed and adopted by the preceding vote.MOTION - Spurgeon SECOND - Slater AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Move to make a finding that the portion of the budget subject to the Gann limit is $40,228,678,and therefore within the limit, same being passed and adopted by the preceding vote.MOTION SECOND AYES Spurgeon Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the recommended new General Fund Reserve Policy, same being passed and adopted by the preceding vote. MOTION SECOND AYES Spurgeon Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the Seven Year Capital Improvement Program, including the correction and additions contained on the attached project sheets, same being passed and adopted by the preceding vote.13.2 APPEAL NO. 432, MAJOR SITE PLAN REVIEW 9-96, CENTURY THEATERS,INC.; APPELLANT: MAYOR PRO TEM BARRERA Tape 5888 Time set for a public hearing to consider an appeal of the Planning Commission's decision to approve Major Site Plan Review 9-96, and to certifY Mitigated Negative Declaration 1501-96 as satisfYing the requirements of the California Environmental Quality Act (CEQA). The proposed project consists of the demolition of the existing Stadium Drive-In Theater complex and PAGE 22 CITY COUNCIL MINUTES May 28, 1996 13. PUBLIC HEARINGS (Continued) construction of a new 25 screen movie theater, approximately 62,000 square feet of retail and restaurant space, and associated parking to serve these uses. The project site is located at thenorthwestcornerofKatellaAvenueandMainStreet. (A4000.0 APP- 432)The City Manager reported the appeal was based on concerns of a PlanningCommissionconditionandthebudget. An issue was a Traffic Control Procedure Manual prepared bySyufYEnterprises, and a consultant was hired to review the concerns. Comments were receivedfromDatabasePublishingandrespondedtobytheenvironmentalconsultant. Issues were discussedtodeterminewhethertheycouldbe mitigated.Mayor pro tern Barrera stated the purpose of his appeal was a concern expressed by theCityManagerregardingthetrafficcirculation. He further said the City Manager indicatedCenturyTheatershadprovidedampleinformation; he was now satisfied that all concerns were dealtwith;and he wished to withdraw his appeal.The Director of Community Development reported the impacts discovered in the Initial Study, the public review process, and by Planning Commission have had appropriate mitigationmeasuresandconditionsofapprovalappliedtothem, and the project does comply with the GeneralPlananddevelopment standards.The City Attorney stated at this time it would be in order for anyone to address the withdrawaloftheappeal; and then a determination be made whether the questions need clarification. Basedonthecomments, there would be a possibility that they should proceed forward with the hearing.The following individuals expressed concerns relative the inadequacies of the negativedeclaration,traffic, impact on surrounding uses, impact on public services, fire and police protection.James Holley, 1590 South Lewis St.Mike Escobedo, 134 S. Glassell G. Allan Daum, 1601 Dove St., Suite 105, Newport Beach The City Attorney suggested they talk to the environmental consultant relative to their concerns.NOTE: The City Council recessed at 8:40 p.m. and reconvened at 8:50 p. m. MOTION SECOND AYES Slater Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the withdrawal of the appeal by Mayor pro tern Barrera.PAGE 23 CITY COUNCIL MINUTES May 28, 1996 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Slater Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that based on comments and testimony given, the public hearing be opened.The City Attorney directed the comments previously made be incorporated into the record.MAYOR COONTZ OPENED THE PUBLIC HEARING.Fred Talarico, 1278 Glenneyre, Suite 110, Laguna Beach, representing the firm of Vista, reported he prepared the environmental documents and referred to the process for the Initial Study. Notice ofIntent and Negative Declaration. Responses to Comments were addressed. Subsequent to the issuance of the Negative Declaration, changes which dealt with realignment of the roads were made to the Site Plan, which were evaluated, and a letter was issued indicating no substantial changes in the environmental process were needed.Eight comments were received in response to the Negative Declaration. All comments were addressed, and the Response to Comments documents, Initial Study, and the Negative Declaration were reviewed by the Planning Commission on April 15, 1996, which were certified as satisfying the requirements of the CEQA, after a public hearing on the document. A Notice of Determination was issued and filed with the County and State.Additional correspondence was received after the appeal was issued relating to the environmental document. A letter was submitted on behalf of Mr. James Holley of the Database Publishing Company, and Vista transmitted a report to the City which responded to each issues raised by Mr.Holley, which included a copy of the Draft Transportation Management Program and the Mitigation Monitoring Program, whereby each mitigation measure issued would be evaluated.Concerns were addressed as follows:The project, in cooperation with adjacent properties and the City, have designed a long-term solution to drainage problems in the area of the project site.Mitigation measures were suggested and cooperative programs were reached with the Police and Fire Department relative to public safety which would address the critical issues and reduce project impacts to levels ofless than significant.The traffic study had the same level of detail of traffic analysis that would be prepared for an EIR. All on/off-site traffic problems were mitigated. The project would not create any net new increase in traffic in the regional air basin, however, it would create new air traffic impacts within the local area, which were found not to be significant. The project is consistent with the General Plan, Redevelopment Plan, and zoning relative to the type of use, and the immediately adjacent land uses to the project are compatible with the type ofland use. PAGE 24 CITY COUNCIL MINUTES May 28, 1996 13. PUBLIC HEARINGS (Continued) Pat Gibson, 1453 Third St., Santa Monica, representing KaKu Associates, reported the InstitutedTransportationEngineer's Trip General Manual was used to determine the amount of traffic theprojectwouldcreate. The numbers were verified against what happens during peak hours at theIrvineSpectrumproject.. The Traffic Impact Report is based on the worst impact time whichwouldbe5p.m. to 6 p.m. on weekdays. There is more than 660 trips coming in and out of theprojectat8p.m. on a Saturday night, and that analysis was reviewed to ensure driveway access totheprojectwouldwork. Background traffic conditions were projected to 1998 was based onnormaltrafficgrowth; new counts done for traffic today; and the addition of five new projectswhichareexpectedtobeopenby1998, indicating the Mills Project was not expected to be openby1998. The proposed project and its traffic were already included in the completed KatellaAvenuePlan. They have agreed to cooperate with the City of Anaheim and the City of Orange to evaluatetraffictogetheranddeterminewhattodoonnightsAnaheimStadiumandthePondhave concurrent events. The project joins the Anaheim Event Management Committee to coordinatetheworkalongtheKatellaCorridor. Additionally, there would be a new signal at the mainentrancetotheprojectwhichwouldbepartoftheKatellaAvenueProject. The project willprovide2289parkingspaces, however, the zoning code would only require 1950. Mr. Talarico said it is the City's and their judgment as to how far the liquid faction and soil reportstudiesaretakenbeforethenextstudytakesover. Studies were done which they felt were typicalforenvironmentalanalysis, and prior to the issuance of building permits, the studies are taken astepfurther. They are also consistent with studies done by the City on Katella Avenue whichindicatedthesitewassafeforuse. The applicant had submitted additional design related soilstudiestothePublicWorksDepartment. The Director of Public Works reported he received and reviewed a geotechnical investigationreportfortheCenturyTheaterEntertainmentCenterpreparedbyGeotechnics, Incorporated,which was at a level normally required for a preliminary soils and geology report prior to theissuanceofgradingpermits. In prior situations where unusual soils and geology problems existed,this type of report would be required during the project review stage. Richard Jensen, representing SyufY Enterprises and Century Theaters, introduced consultantsinvolvedintheproposedproject, reporting that Century and SyufY have been in the City ofOrangefor25yearsandinthetheateroperationsbusinessforover50years. Mark Feldman, 452 8th Avenue, San Diego, architect for the project, reported the project wouldbea25screen, 6350 seat theater. Included in the project would be theme retail and restaurant inamarketplacetypeofconcept. The theater architecture would be designed to look like the oldmovietheatersinspiredbyhistoric, classic art deco architecture of great movie palaces. The retailandrestaurantzoneofapproximately60,000 sq. ft. would be a loosely organized set of buildings.The auditoriums would have approximately 121 to 625 seats, with radius stadium seating; largescreens; digital and surround sound; thx specifications; and rocker chairs with cup holders. Theplazawouldbelargeandwelllit, with fourteen box office stations. The lobby would be large andtall; with wide corridors; multiple concession options; and multiple bathroom locations. PAGE 26 CITY COUNCIL MINUTES May 28, 1996 13. PUBLIC HEARINGS (Continued) Joe SyufY, 156 Green Glen Way, Mill Valley, CA, owner of Century Theaters and SyufY Enterprises, commented his family operated the Cinedome Theater and the Stadium Drive-In for 25 years. Their plan is to emulate the good things of the Irvine Spectrum.Mark Briggs, 505 Tustin Ave., Santa Ana, Mark Briggs and Associates, financial advisor for the project, reported an advantage of having the property owned by the SyufY organization would be it is on the tax rolls at approximately $2.4 million, but would be closer to $39.3 million or $ 47 million of net new development when completed. The Redevelopment Agency would get approximately $300,000 in tax increment dollars the first year, which would grow to over 350,000 by the tenth year. The actual current sales at the drive-in is only $268, 000, which would grow to approximately $32 million, generating almost $320,000 in sales tax, beginning and expanding up to approximately $450,000. The project would provide approximately $7 million in cumulative net new taxes to the City and the Redevelopment Agency in a ten year period of time.Additionally, it would create approximately 360 construction jobs, bringing about $12.5 million of payroll during the construction of the project; approximately 366 permanent jobs which would be about $7 million in annual payroll, where a significant amount could be expected to be spent in Orange.Wally Limburg, 2581 Arbor, Newport Beach, representing CV Commercial, spoke of his involvement in the Irvine Spectrum Entertainment Center and other successful projects. There are approximately 73,000 - 80,000 people in a two mile radius of the project during lunch time,indicating the project provides an opportunity for them to come to the restaurants. If approved,within approximately 60 days names could be disclosed of interested restaurateurs and retailers.Mayor Coontz reported a letter was received from the Police Chief assuring that the Orange Police Department has the resources available to deal with the impacts, which include staffing,equipment, ordinances and security related conditions. A memorandum was also received from the Acting Fire Chief indicating the availability of resources.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Slater Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to certifY Mitigated Negative Declaration 1501-96 with a determination that with the imposition of mitigation measures, the project will not have a significant affect on the environment. MOTION SECOND AYES Slater Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater PAGE 26 CITY COUNCIL MINUTES May 28, 1996 13. PUBLIC HEARINGS (Continued) Moved to uphold the Planning Commission's approval of the Major Site Plan Review 9-96 forthereasonsstatedinPlanningCommissionResolutionNo. 20-96 and subject to theconditionsofapprovalcontainedin that Resolution. MOTION SECOND AYES Slater Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive the documents submitted into the record.14. PLANNING AND ENYmONMENT _ None 15. ORAL PRESENTATIONS _ None 16. ADJOURNMENT MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 9:45 p.m. to an Adjourned Regular Meeting at 4:00 p.m. on May 29, 1996 in theCouncilChambers, for the purpose of holding a Closed Session regarding public employment pursuant to GovernmentCodeSection54957forthepositionofCityAttorney.J 1 C' 'ih~ j lc- i144/,/ 1,/;r.. '. rflf;~ASSANDRA1.,' THCART, CMC CITY CLERK L' (, 1._ . ',' / .. _ ,.,I. t" l'-''f- L~0:.~;rc'JOANNEC. COONTZ)MAYOR PAGE 27