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PUBLIC HEARINGS <br />*Councilmember Sarmiento, declared that out of an abundance of caution and a potential <br />conflict of interest he would abstain from Agenda Item 75A and left the dais during <br />deliberation of matter. <br />75A. PUBLIC HEARING — CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT <br />REPORT NO. 2011 -01 (SCH# 2008041172), FINDINGS PURSUANT TO THE <br />CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MONITORING <br />PROGRAM; VARIANCE NOS. 2012 -04(A) AND 2012 -04(B) AS <br />CONDITIONED; AND, VESTING TENTATIVE TRACT MAP NO. 2012 -02 TO <br />ALLOW A 23 -UNIT SINGLE FAMILY DEVELOPMENT AT 1584 EAST SANTA <br />CLARA AVENUE (SEXLINGER FARMHOUSE AND ORCHARD) — <br />CONCORDIA UNIVERSITY AND LUTHERAN HIGH SCHOOL OF ORANGE <br />COUNTY, APPLICANTS (Strategic Plan No. 3, 2; 5, 3) - Planning and Building <br />Agency <br />Legal Notice published in the Orange County Reporter and notices mailed on <br />August 22, 2014. <br />Public hearing held and motion to reconsider vote approved by a vote of 5 -0 <br />(Amezcua and Tinajero absent) at the September 2, 2014 City Council meeting. <br />Notice of Continued Public Hearing posted on September 3, 2014 pursuant to § <br />54955.1. <br />Mayor Pulido, opened the public hearing. The following speakers addressed the <br />City Council on the matters. <br />• Jeff Melching, representing applicant, noted that proceedings are <br />administrative correction that draw Findings into alignment with the <br />Environment Impact Report (EIR) with nothing new to add. <br />• Michael Gibbons, representing Orange Lutheran High School and Concordia <br />University, supports recommendation; project before the City for past 6 '/2 <br />years with thorough process in place. <br />• Nick Spain, opined that Public Hearing has no legal framework; legal defects <br />in Council decision as it relates to CEQA Findings. <br />• Mathew Holbrook, opined that Findings not previously circulated in Council <br />approval of March, 2014; proper notice for findings or Continued Public <br />Hearing not provided; no process to amend the Findings; remedy if <br />insufficient findings Council may reconsider and properly approve; no new <br />evidence since March, 2014 to support approval of Findings. <br />• Jeannie Gillett, improper for Council to vote on current condition of the trees <br />and whether or not the Conservancy has the funds to purchase land; <br />CITY COUNCIL MINUTES 1 O 223 SEPTEMBER 16, 2014 <br />