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12-17-1991 Council Minutes358 APPROVED BY CITY COUNCIL ON JANUARY CITY COUNCIL MINUTES OF A REGULAR MEETING 14, 1992. ORANGE, CALIFORNIA DECEMBER 17, 1991 The City Council of the City of Orange, California, convened this 17th day of December, 1991 at 3:00 P.M. in a Regular Meeting in the Council Chambers. 300 E. Chapman Avenue. Oranae. California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Steiner, Barrera, Mayor Beyer, coontz, Spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES Adjourned Regular Meeting - December 3, 1991 MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.Adjourned Regular Meeting - December 5, 1991 MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved. 1.5 PROCLAMATIONS - None 1.4 PRESENTATIONS/ANNOUNCEMENTS/ INTRODUCTIONS a. Resolution No. 7916 was presented to Joan M. Edwards,Finance Department, commending her for 20 years of loyal and dedicated service.b. Resolution No. 7917 was presented to Chief Martel Thompson of the Fire Department and commending him for more than seven years of loyal and dedicated service.Page 1 359 COUNCIL MINUTES DECEMBER 17, 1991 2. CONSENT CALENDAR 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of December 17, 1991: at Orange civic center, Main Library, Police Facility at 1107 N. 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. ACTION: Accepted Declaration of Agenda posting and authorized its retention as a public record in the Office of the City Clerk. 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. ACTION: Approved. 2.3 Request to approve a Maintenance Renewal Agreement with PRC Public Management Services, Inc., in the amount of $19,500.00, for software maintenance at North Net Fire Communications for one (1) year extension. Funds are allocated in Account # 370-9601-426700 (Other Professional and consulting Services)A2100.0 A. 1361.D)ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.4 Request approval of Tract Map No. 14293 and dedication of access, public utilities and sewer ease~ents. (South side of Lewis Dr. approximately 500 ft. East of Windes Dr.) T4000.0) ACTION: Approved.2.5 Authorize an amendment to the agreement between the city and Eichengerger and Associates for Olive Park Design Services,R.F.P. 856-61, and final payment in the amount of $ 40,275. 00,Fund No. 510-7021-785100-0040 ( Olive Park).B4100.0 No. 856-61)ACTION: Authorized the Mayor and city Clerk to execute on behalf of the City.MOTION - Coontz SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon All items on the Consent Calendar were approved as recommended. END OF 360 COUNCIL MINUTES DECEMBER 17, 1991 3. REPORTS FROM MAYOR BEYER - None TAPE 369 4. REPORTS FROM COUNCILMEMBERS 4. 1 status units. Report from Councilwoman Coontz and Councilman Steiner on the of a proposed ordinance to limit the occupancv of residential Copy on file in the city Clerk's Office.) (A2500.0=Housing)Councilwoman Coontz reported residential overcrowding is a major contributor to a deClining way of life in Orange County and our community. It is overburdening the City's public services. This is an attempt to create an ordinance that will address the problem.A recent UCI report indicated that residential overcrowding was sited as being one of the major concerns and contributors to a declining way of life, along with traffic, crime and schools. The living conditions observed on routine inspections by the city's Code Enforcement Officers have identified normal apartment units occupied by up to 20 or 40 individuals. This is the situation that is not healthy for either the occupants or the larger community. There is a great concern by the Apartment Owners Association over what is happening to the investment in apartment property throughout orange County. There are a number of programs that are in effect to help address our low income housing including, Rental Rehab Program, the Community Development Block Grant, the Orange Housing Development Corporation,Orange Redevelopment Agency, using 20% increment for affordable housing and the Property Maintenance Ordinance, adopted in 1985 and is now being reviewed for possible revision, but this is not enough.Overcrowding has caused the city to add employees to the Code Enforcement Division, and has impacted every department in the city.Councilman steiner commented the City of Santa Ana has an overcrowding ordinance, which is at this time being challenged in court. The success of Santa Ana resolving the State pre-emption issue and establishing a defensible standard will provide guidance to the City of Orange and other cities in providing solutions. The target date for a draft ordinance to be presented to Council is March, 1992. MOTION SECOND AYES Mayor Beyer Barrera steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive and file the report.Page 3 361 COUNCIL MINUTES DECEMBER 17, 1991 5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 508 5.1 Recommendations Advisorv Committee (Ad Clerk's Offlce.) bv Councilmembers for the citizens Blue Ribbon Hoc Committee). (copy on file in the city C2500.K) A report from Mayor Beyer and Councilwoman Coontz was presented regarding the immigration funding project report recommendations, which reaffirmed the Council's recommendations from the October 8, 1991 Council meeting. The following goals were created by a committee which is comprised of members of staff and the Council Immigration Task Force Committee. 1. Establish liaisons with California Congressional Representatives to encourage support for favorable legislation regarding immigration laws and for ultimate reimbursement of federal funding to cities and counties for services impacted by the legal immigrants and illegal alien population. 2. Develop a County Coalition Steering Committee, and additionally create a local City of Orange citizens Blue Ribbon Advisory Committee. The County Coalition Steering Committee should be in a position to provide data on immigration/alien impacts on our city and County. After supporting data is collected, the steering Committee would hold meetings for other municipal government agencies and elected officials to share the data collected. 3. Request the County of Orange and Orange county cities to provide statistical information on the fiscal impact of immigration the illegal alien populations on County and City services. 4. Appoint additional city staff as support to the council Immigration Task Force Committee to coordinate City policies on immigration issues. MOTION SECOND AYES Barrera Coontz Steiner,Barrera, Mayor Beyer, Coontz, Spurgeon Moved to reaffirm the recommendations adopted at the Council meeting of October 8, 1991, and that staff be directed to implement these goals and objectives as identified in the Memorandum dated December 13, 1991 from Mayor Beyer and Councilwoman Coontz.Mayor Beyer announced the following citizens be nominated to the Immigration Funding Blue Ribbon Task Force Committee: Bob Torres,Diane Crowell, Nancy Thomson, Ray Lozano, Herb Welch, Darcy Staggs,Bill Connaker, Robyn Tunstall, Meredith Martini and Michael Alvarez.OR1800.0.22. 3)MOTION - steiner SECOND - spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to ratify the nominations to the Immigration Funding Blue Ribbon Task Force Committee.Page 4 362 COUNCIL MINUTES DECEMBER 17, 1991 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued) 5.2 Disband the following inactive committee: OR1800.0.8.10) CommitteeEastChapmanNoiseAbatement MOTION - Barrera SECOND - Spurgeon AYES steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to disband the committee as recommended.6. ADMINISTRATIVE REPORTS The City Attorney announced Item 6.1 was inadvertently left off the final printing of the Agenda, but did appear on the posted Agenda.It was a request from Mr. Pravda regarding the placing of a Menorah in the Plaza during the holiday season.The Mayor, with Council's consent directed the city Attorney to proceed with the report.The city Attorney reported the establishment clause from the United States Constitution prohibits the government from appearing to promote any religious doctrine or belief, or appear to take a position upon questions of religious beliefs. The government's use of any religious symbolism is unconstitutional if it has the effect of endorsing those religious beliefs. However, the physical setting has to be reviewed. In 1984 the U.S. Supreme Court approved the display of a nativity scene when it was displayed with other secular symbols, such as Christmas trees, Santa Claus, etc. Another case in 1989, County of Allegheny vs the ACLU which did not uphold the nativity scene when it was displayed alone with other religions signs and symbols, but did uphold the menorah displayed with a Christmas tree.There is no fixed rule, it is just a matter of drawing the line between religious beliefs and the display itself. The city Attorney opined it is legally permissible to have those types of displays on Government property as long as they are displayed with other secular symbols.Mr. Pravda asked if the city purchased the nativity and the other secular symbols, and what is the maintenance, upkeep and storage costs involved per year. Mr. Pravda requested funds to purchase the menorah, or how could that amount be placed in the budget for next year.The City Manager did not know how the City acquired the symbols,the menorah, since there are no records.or The City Attorney indicated he would have some hesitancy in recommending the City purchase the menorah Page 5 363 COUNCIL MINUTES DECEMBER 17, 1991 6. ADMINISTRATIVE REPORTS (Continued) Council discussion ensued that the menorah be kept in the Plaza, but that it be donated by the religious community. There will be no funds budgeted this year. MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to refer the request to the City Attorney and The Director of Community Services to review the entire matter, to resolve this with Mr. Pravda this year, and the next holiday season have recommendations for future action.7.REPORTS FROM CITY MANAGER TAPE 921 7.1 Consideration of additional one-half dav holiday on December 24th. (Copy on file in the city Clerk's Office.) (2500.J.4)The City Manager recommended if Council wishes to provide the one-half day, as in the past, Council do so by closing the civic Center on Christmas Eve day. There will be certain savings in utility costs, janitorial services, etc. It would cost approximately 75, 000.00 for one-half day to operate. The day before Christmas is usually not the most productive from a work effort standpoint. Council discussion ensued that the first duty of the City is to serve the citizens of the community. There are many items that have been turned down lately that do not amount to this figure that Council feels important for the City, but have been put off because of the budgetary shortfall. This does not have anything to do with the good feeling and support of the employees. Other concerns were expressed that when there are safety employees that have to be on a shift, there is a cost attached to that. Although, the vast majority of employees will take off the four hours Christmas Eve afternoon, and therefore there is no hard dollar cost to the city work force or budget. MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve the one-half day off for employees.Councilwoman Coontz commented, "We lack a certain consistency in the decisions we are making when we do this."Mayor Beyer recommended to the Council that their dinners between Council Sessions will not be paid, which will result in a cost savings of $ 4,000.00. This will be agendized at a later date.Page 6 364 COUNCIL MINUTES DECEMBER 17, 1991 8.LEGAL AFFAIRS TAPE 1167 8.1 ORDINANCE NO. 24- 91 An Ordinance of the City Council of the City of Orange amending Ordinance No. 19-91 concerning parking prohibition for street sweeping to correct orange Municipal Code section 10.39. 50 to 10.38.060. (S4000.S. 3.1)MOTION - Beyer SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz, Spurgeon NOES - steiner That Ordinance No. 24-91 have second reading waived and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 7923 A Resolution of the City Council of the City of orange consenting to approving the purchase by the Orange Redevelopment Agency of property located at 1515 East Walnut Avenue and the execution of an agreement for sale of property, leases, and related documents pertaining to said property. (A2100.0.A.1894)Discussion: Barbara DeNiro, 1118 E. Adams, requested information about the property and the vacant house. The Administrator of the Economic Development Division commented housing setaside funds would be used to construct affordable units on ~he property. The Director of the Orange Housing Development Corporation indicated they plan to do nothing different that what is outlined under the existing conditional use permit.Ms. DeNiro commented, "We need more people watching the taxpayers money, but trust you though."MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, coontz, Spurgeon That Resolution No. 7923 as introduced be adopted and same was passed and adopted by the preceding vote.Page 7 365 9.1 COMMUNITY FACILITIES DISTRICT NO. 91-2. SERRANO IMPROVEMENTS:DECEMBER 17, 1991 TAPE 1372 T1100.0. 2)HEIGHTS PUBLIC COUNCIL MINUTES 9. PUBLIC HEARINGS Time set for a public hearing to consider the formation District, the levy of special taxes in the District and incur bonded indebtedness in the District.of the the need to The City Clerk announced a letter was received from wittmann, 5546 Valencia Dr., Orange, in opposition.protests were received.James E.No other MAYOR BEYER OPENED THE PUBLIC HEARING.Paul Thimmig, representing Jones Hall Hill & White, the city's bond counsel, commented this hearing will form the district with an election. The person entitled to vote is the owner of the property within the district, because there is less than twelve registered voters, with only one property owner, Woodcrest. They are voting this district onto their land.This district is structured in a very conservative manner. There will be disclosure to potential homeowners in the district when and if Woodcrest builds houses as to what this tax is for, and the level of the tax. We are not p-repared to go to the bond market at this time, because there needs to be an appraisal of the project which will dictate the level of bonded indebtedness. The city has retained a very conservative underwriter for this issue, Stone & Youngberg.There will be no taxes until the bonds are issued, which will be in the Spring of 1992. The reason to approve the district now is to avoid any type of legal challenges that could be brought against the district.There have been discussions with Woodcrest that the City does not want to go to the market until Woodcrest has their private financing all lined up; with some measure of comfort that this project will get built with homes and value to support the tax, and the incentive to pay the tax. It is important the private financing is lined up before the public financing is accessed.Councilwoman Coontz asked what the difference was between this strong and conservative Mello Roos and the troubled Mello Roos projects that were featured in the newspaper articles for the education of both the Council and the public.Mr. Thimmig commented the newspaper articles sensationalized the process, and were one-sided. This district has a maximum tax rate,which the developer has agreed that the regular property taxes 3 (, (, COUNCIL MINUTES DECEMBER 17, 1991 9.1 PUBLIC HEARINGS (Continued) the Mello Roos taxes are never to go above 2%, which is the maximum tax. Within that taxing ability, there is excess capacity in case of some defaults in the district. It is expected to tax at 1.9% or even lower, depending on what happens to property values between now and buildout. There will be a simple, understandable disclosure to homeowners. The primary objection to Mello Roos is the misunderstanding when the house was bought. This Mello Roos is only financing noncontroversial public improvements; streets, curbs and gutters. There will be two bonds issued, one in the Spring and one as much as one year later when there is more value in the streets and the infrastructure has been put in and the development process has moved to a further stage. Bob Bennyhoff, 10642 Morada Dr., asked what the total amount of the City's bonded indebtedness is? The Finance Director commented the largest assessment district is Santiago Hills at $21.3 million; another $4 million Crawford Canyon and several other landscaping and lighting districts. THERE BEING NOT FURTHER COMMENTS MAYOR BEYER CLOSED THE PUBLIC HEARING. RESOLUTION NO. 7918 A Resolution of the City Council of the city of Orange of formation of city of orange community Facilities District No. 91-2 ( Serrano Heights Public Improvements), authorizing the levy of a special tax within the district, preliminarily establishing an appropriations limit for the district and submitting levy of the special tax and the establishment of the appropriations limit to the qualified electors of the District.Community Facilities District No. 19-2 (Serrano Heights Public Improvements)MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7918 as introduced be adopted and same was passed and adopted by the preceding vote.Page 9 367 COUNCIL MINUTES DECEMBER 17, 1991 9.1 PUBLIC HEARINGS (Continued) RESOLUTION NO. 7919 A Resolution of the City Council of the City of Orange determining the necessity to incur bonded indebtedness within the city of Orange Community Facilities District No. 91-2 (Serrano Heights Public Improvements) and submitting proposition to the qualified electors of the District.Community Facilities District No. 91-2 (Serrano Heights Public Improvements)MOTION - steiner SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7919 as introduced be adopted and same was passed and adopted by the preceding vote.RESOLUTION NO. 7920 A Resolution of the City Council of the City of Orange calling special election.Community Facilities Dis~rict No. 19-2 (Serrano Heights Public Improvements) MOTION - Barrera SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7920 as introduced be adopted and same was passed and adopted by the preceding vote.The City Clerk opened the ballot and announced the ballot measure passed. The City Clerk then completed one copy of the canvass and Statement of Result of Election.RESOLUTION NO. 7921 A Resolution of the City Council of the City of Orange declaring results of special election and directing recording of notice of Special Tax Lien. MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7921 as introduced be adopted and same was passed and adopted by the preceding vote. Page 10 308 COUNCIL MINUTES DECEMBER 17, 1991 9.2 PUBLIC HEARINGS (Continued) ORDINANCE NO. 26- 91 An Ordinance of the City council of the city of Orange levying special taxes within the City of orange Community Facilities District No. 91-2 (Serrano Heights Public Improvements).MOTION - steiner SECOND Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon That ordinance No. 26-91 have second reading waived and same was passed and adopted by the preceding vote.RESOLUTION NO. 7922 A Resolution of the City council of the City of orange authorizing the issuance of special tax bonds of the City of Orange for city of Orange Community Facilities District No. 91-2 (Serrano Heights Public Improvements), approving and directing the execution of a Fiscal Agent Agreement, and approving other related documents and actions.Community Facilities District No. 91-2 ( Serrano Heights Public Improvements) MOTION SECOND AYES Barrera Coontz Steiner,Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7922 as introduced be-adopted and same was passed and adopted by the preceding vote.The Mayor recognized Frank Elfend, Elfend & Associates, who commented The City Manager sent a letter to him last Friday based on some correspondence submitted to him previously, and those items are still being discussed and will be resolved prior to the sale of the bonds.Councilman steiner commented, given the concerns regarding assessment districts, requested the Mayor appoint a Council committee to act as liaison with staff and the development committee regarding the public ~policy on assessment districts.Councilwoman Coontz expressed the fOllowing concerns. There is a public financing policy being developed by staff at this time. It was suggested it would be better to wait until that is presented. It would be better for the Council to become more familiar with the process before going out and asking others to participate. We need to have a list and an understanding so it isn't just off the top of anyone's head that we have it presented to us and have accurate figures and the progress and status, whether they are assessment districts or mello roos. At that point, discuss with staff the changes being proposed, and perhaps add others that couhcil thinks would tighten up the picture, and then have discussion with the development industry. It would seem what we need now is the conservative approach of the consultant who works with these issues,not just the development industry.Page 369 COUNCIL MINUTES DECEMBER 17, 1991 9.1. PUBLIC HEARINGS (continued) MOTION SECOND AYES Mayor Beyer Barrera S~einer, Barrera,Mayor Beyer, Coontz, spurgeon Moved to appoint as Council liaisons for this process, Councilman steiner and Spurgeon. TAPE 2308 T4000. 0)9. 3 TENTATIVE TRACT MAP 14544. CONDITIONAL USE PERMIT 1721-88,CLOSURE OF A PORTION OF STATE COLLEGE BOULEVARD. IDM CORPORATION:Time set for a public hearing on petition by IDM Corporation to consider Tentative Tract Map 14544 to allow the subdivision of the site into seven parcels of land; consideration of Conditional Use Permit 1721- 88 allowing the modification of the site plan and project phasing as originally approved; a request to close a portion of State College Boulevard in favor of a realignment through the project site;and consider an addendum to Environmental Impact Report 1262-88, addressing the potential changes in the environmental impacts due to the changes in the project. The project site is located at the intersection of State college Boulevard, The City Drive, Anaheim Boulevard and the Koll Center entrance driveway. site development currently consists of the Orange Drive In Theater located in both the cities of Anaheim (5.7 acres) and Orange (12.1 acres). The General Plan designates the site for commercial development at a Floor Area Ratio (FAR) of 1.5 - 2.5 with a M-1 light manufacturing zoning designation. Ron Winkler, representing IDM, 5050 Pacific Coast Highway, Long Beach, requested a continuance to January 28, 1992, 7:00 P.M. Session. MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to approve the continuance to January 28, 1992, 7:00 P.M.Session.TAPE 2367 C2300. E)9. 3 GENERAL PLAN AMENDMENT 2-91. GROWTH MANAGEMENT ELEMENT. CITY OF ORANGE: The public hearing on petition by the city of Orange to consider the adoption of a Growth Management Element as a requirement of the Revised Traffic and Growth Management Ordinance (Measure M) approved by orange County voters on November 6, 1990, thereby qualifying the City of Orange to be eligible to receive new Measure M transportation revenues has been continued from November 19, 1991.NOTE: Negative Declaration 1389-91 has been filed by the Environmental Review Board on this project.Page 12 370 COUNCIL MINUTES DECEMBER 17, 1991 9.3 PUBLIC HEARINGS (Continued) THE PUBLIC HEARING IS CLOSED. MAYOR BEYER REOPENED THE PUBLICHEARING. The Administrator of Advanced Planning reported a Study Session washeldDecember3, 1991. The Growth Management Element was amended inthefollowingfivedifferentareas: 1) To expand discussion abouttheelement's relationship to the development process; 2) To addlanguageregardingthedifferencebetweendevelopedanddevelopingcitiesandcommunities, and how the East Orange area will be dealtwithintermsofafuturemajoramendmenttotheGrowthManagementElement. 3) Language regarding new fees, identifying only the TSIPfeesasapossibleareaofadjustment, and the area of deficientintersectionfeesasapossiblenewfeearea. 4) Add languagedescribingprojectsapplicabletotheGrowthManagementElement andhowexemptionsmightbedealtwith. 5) A set of schedules attachedtotheproposedseventhdraftthatidentifytheprocessthatwillbeusedwithavarietyofdifferentprojects. These schedules will begiventodeveloperstoshowthemhowtheprocesswillworkandtheGrowthManagementrequirements. Thirty cities in the County were contracted, eight cities haveadoptedelements, three cities have consultants preparing GrowthManagementElementsatthepresenttime, and thirteen citiescontacteddidnothaveadraftoftheelement. No exemptions werefoundtoexistinthecitiesthatwerecontacted. Staff does notsupporttherequestforexemptionsoneitherspecificprojectsorcategoricallyprojectswiththeCity. The Development AgreementsshouldstandontheirownandbylawshouldexempttheprojectswithDevelopmentAgreementsfromtransportationrelatedrequirementssimilartothoseoftheGrowthManagementElement. The projects withconditionalusepermitsorpreciseplansadoptedonthemarenotvestedandtherebythoseprojectswouldbereceivingaconsiderableexemptionfromtransportationmitigationrequirementsthatwouldhavetobepickedupbysomeotheragency. Frank Elfend, 4675 MacArthur Court, Newport Beach, commented a letterwassenttoJereMurphyonDecember2, 1991 asking about the processandhowtheGMEwouldbeapplied, integrated into the City's process,procedural questions and clarification of new fees. From that lettertheStudySessionoccurredandmanyquestionswereanswered. Mr.Murphy confirmed that OCTA would generally accept these, and BillHodgewiththeLeagueofCaliforniaCitiesnamewasmentioned. TheprocesswouldbetheCitywouldrecommendtheirGMEanditwouldbeadoptedwithoutanyextemporaneousreviewbyOCTAortheLeagueofCities. t A December 10, 1991 letter was sent, and a meeting was held with JereMurphy, explaining what we would like to have in the GME, and surelytherewouldbeasectionintheelementthatwouldprovideforexemptions. The following three exemptions were outlined: 1)Projects that have development agreements; 2) phased projects withanapprovedconditionalusepermitandpreciseplan; and 3)redevelopment projects and low cost housing. Page 13 COUNCIL MINUTES DECEMBER 17, 1991 371 9.3 PUBLIC HEARINGS (continued) A meeting was held with Mr. Elfend, Jere Murphy, Bob Franks, city Attorney and Bob Herrick, Assistant city Attorney, on December 11th and wording'was given to Mr. Elfend which was found to be acceptable regarding redevelopment projects and low cost housing. Flexibility in the ordinance was discussed so that in a future date there is a procedural mechanism for the elected body and staff to consider potential exemptions without having to go through an amendment process, leaving the control with the City. Mr. Elfend further commented, a letter, dated December 17, 1991, was sent to the Mayor, changing the wording to rather than simply exemption projects, other than development agreements, that on a case by case basis, as determined by the city council, there be three particular projects which could be exempted: redevelopment projects; low cost housing; and any phased project with an approved conditional use permit and precise plan which had been approved prior to the adoption of this Growth Management Element. The Director of Public Works commented Bill Hodge will not be a reviewer of anyone's Growth Management Element. There is a lot of confusion over terms and concepts in the Congestion Management Plan and the Growth Management Plan. There will be some reconciliation. The congestion Management Plan, the state Mandated Plan, there was exemptions for low cost residential housing on the basis of public benefit. However the reconciliations seen in the second year of Measure M are more involved in trying to bring requirements for pavement management, maintenance effort provisions, milestone dates and capital improvement programs, etc together. I was not aware of any movement to provide for any exemption in the Growth Management Plan. The model Growth Management Element was based on the County's plan which does not have such provisions and none of the Growth Management Elements that these individuals are aware of provide for any. The City of Anaheim has been contacted and they are not aware of providing for any exemptions. The idea of exemption flies in the face of what growth management is attempting to achieve. We were told the City Attorney should review this process very carefully before any exemptions were considered because it would be likely to invite lawsuits from other individuals or jurisdictions that might wonder what we are attempting to do, if we are attempting to establish a growth management element of the General Plan, which is a policy document. Staff would feel better if none of that language was in the plan, and if there was a side letter that provided some level of comfort to Mr. Elfend's clients, Woodcrest Development. The development will control what happens with the company, however this community may still be accountable from a growth management standpoint on problems that would occur. The City would have to fix those problems, not the developer. Page 14 372 COUNCIL MINUTES DECEMBER 17, 1991 9.3 PUBLIC HEARINGS (Continued) Bob Bennyhoff, 10642 Morada Dr., commented the Growth Management Element should have teeth in it with no exemptions. A side letter would be permissible for the developer. Redevelopment projects can cause tremendous traffic problems. Council discussed a continuance to further consider the issue. MOTION - Spurgeon SECOND - Coontz AYES - steiner, Barrera, Mayor Beyer, coontz, Spurgeon Moved to continue this issue to January 14, 1992 at 7:00 P.M. At that time have a firm recommendation from staff and other involved,and have a side letter presented to Council in a timely manner.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.PLANNING AND ENVIRONMENT TAPE 4288 (T2200.0)11.1 Report from the Director of Public Works reaardina the citv's Statement of Compliance for Measure M reauirements.The Director of Public Works requested the item be continued, along with the Growth Management Element to January 14, 1992 at 7:00 P.M.MOTION - Mayor Beyer SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer, coontz, Spurgeon Moved to continue this item to January 14, 1992 at 7:00 P.M. This item to be considered after the Growth Management Element public hearing.12. ORAL PRESENTATIONS Daniel P. Clark, 2740 Canal Street, Orange, presented Council a report on the preservation of santiago Golf Course, and suggested the City buy the land and convert it to a municipal, executive nine hole golf course, incorporating it as part of Hart Park and the greenway.Mr. Clark commented the city has not met the recreational needs of its citizens. (C2500.D)Mayor Beyer suggested the report be given to the Golf Course Committee for review.Page 15 373 COUNCIL MINUTES DECEMBER 17, 1991 10. ORAL PRESENTATIONS (Continued) Bob Bennyhoff, 10642 Morada Dr., expressed additional comments regarding the growth management areas that exist with their traffic problems, SUch as Disneyland's new expansion, which will affect the city of Orange. RECESS The City Council recessed to a Closed Session for the following purposes: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Lanz vs. citv of Oranae, Orange City, Superior Court Case No. 56 64 85. b. To meet and give directions to is authorized representative regarding labor relations matters pursuant to Government Code section 54957.6. c. To confer with its attorney regarding potential litigation pursuant to Government Code section 54956.9(b) (1). d. To consider and take possible action upon personnel matters pursuant to Government Code section 54957. e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess, unless the motion to recess indicates any of the matters will not be considered in closed session. NOTE: Due to a lack of a quorum, there was no 7:00 P.M. Session. ADJOURNMENT The city Council adjourned at 5:20 P.M. to a Study Session to discuss Public Financing Policy Guidelines, January 7, 1992 at 4:30 P.M. in the Weimer Room, City Hall. NOTE: The Study Session was cancelled and the Adjourned Regular Meeting was not convened due to a lack of a quorum. GENE BEYER MAYOR tff}1~ ~ ~ MARILYN J. NSEN CMC. {/:-ITY CLERK BY: ()~-t?-~-<-ARRERA, MAYORPRO TEM Page 16