12/11/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY COUNCIL ON JANUARY 8, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING December 11,2001
The City Council of the City of Orange, California convened on December 11,2001 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Helen Walker, City Treasurer
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Orange High School ROTC, Staff Sergeant Trina Ruiz, under the leadership of
Lt. Colonel Joseph Ruthenberg, USMC Retired.
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation to Eddie Grijalva to commemorate the 200th Anniversary of the 60,000 acre
land grant petition by his great-grandfather, Juan Pablo Grijalva, for the area now known
as Orange. Mayor Murphy announced the City is honoring the Grijalva family for their
contribution to the community. Two hundred years ago, on the 8th of December in 1801,
Juan Pablo Grijalva petitioned for the great Rancho Santiago de Santa Ana, upon which
we all live. The Rancho of some 75,000 acres was headquartered in Orange where
Grijalva and his grandson Juan Pablo Peralta ran their cattle herds. This coming year the
City is proud a new park will be built upon that site: Grijalva Park on Santiago Creek.
Mayor Murphy presented Mr. Grijalva with a plaque commemorating this event.
Report by Chief Lynn Harrer, Pearl Harbor survivor, on recent trip to Hawaii
commemorating the 60th Anniversary of the attack. The City Council also recognized
Mr. Glenn Huston World War II Pearl Harbor survivor.
Presentation of check in the amount of $500 to David Kirsh, Coordinator of the Child
Abuse Services (CAST) from the 2001 Personnel Rideshare/Health Fair Charity Fund by
Monica Vazquez, Personnel Department.
Recognition of the Finance Department, Glen Kaye, Purchasing Director, for receiving
the 2001 National Purchasing Institute Achievement of Excellence in Procurement
Award.
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CITY COUNCIL MINUTES
December 11, 2001
1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS (Continued)
Recognition of the Finance Department, Rich Jacobs, Assistant Finance Director, for
receiving the Certificate of Achievement for Excellence in Financial Reporting for its
Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2000.
Employee Service Awards to the following employees: Janice Marchan, City Clerk's
Department; Carolyn Shigemasa, Library and Melvin Perreira, Water Plant.
Presentation of the annual audit which was distributed to Council Members for Fiscal
Year 2000/2001 by Keith Regan, Executive Director, Orange Elderly Services Inc.
2. PUBLIC COMMENTS - None
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of December 11, 2001 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated November 21 and 29, 2001.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, November 27, 2001.
(C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
December 11, 2001
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Agreement authorizing the City Manager to execute a Sewer Agreement with the
City of Anaheim for connection to a portion of the Serrano Heights Development to
the City of Anaheim sewer system. (A2100.0 AGR 3906)
SUMMARY: SunCal Developers have requested that the City of Orange enter into an
agreement with the City of Anaheim to allow a portion of the Serrano Heights sanitary
sewer system to be connected to the Anaheim system.
ACTION: Moved to continue this item to January 8, 2001 Council meeting.
FISCAL IMPACT: None. The developer is required to pay to the City of Anaheim any
required sewer connection and/or maintenance charges.
3.6 Amend and Restated License Agreement with Chapman University and Lutheran
High School of Orange County for the Use of a Baseball Diamond and Related
Facilities at Hart Park. (A2100.0 AGR-3892.1)
SUMMARY: On November 13, 2001, the City Council approved a License Agreement
between Chapman University and the City for the use of Hart Park Diamond #1.
Lutheran High School recently pledged between $150,000-$250,000 in capital
improvements for Diamond #1. In exchange, under this amendment, the City will grant
Lutheran High School priority to use Diamond #1. Scheduling between Chapman
University and Lutheran High School will be coordinated by Chapman University. The
City will have continued use of the field when not being used by Chapman University
and Lutheran High School under the license.
ACTION: Approved the Amended and Restated License Agreement with Chapman
University and Lutheran High School of Orange County and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal impact, although some future savings will likely be
encountered as Chapman University and Lutheran High School will be upgrading and
maintaining the field. The City and Chapman University will jointly consider and agree
upon any capital improvements to Diamond #1 throughout the 25-year period of the
agreement with the costs of any capital improvements being paid by Chapman University
either from its own funds or funds paid to it by Lutheran High School.
BIDS
3.7 Transportation Congestion Relief Funds Program (TCRF): Approval of Plans and
Specifications and authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Rehabilitation and
Reconstruction of Miscellaneous City Streets under the Transportation Congestion Relief
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CITY COUNCIL MINUTES
December 11, 2001
3. CONSENT CALENDAR (Continued)
Funds Program. The project is ready to be advertised. The estimated construction cost is
$1,300,000.
ACTION: Approved plans and specifications and authorized advertising for the FY
2001/02 TCRF Rehabilitation and Reconstruction Project.
FISCAL IMPACT: Funds have been received in the amount of $1,027,000.00 to date
while additional funding is expected throughout the balance of this fiscal year.
3.8 Award of Bid No. 012-19 to Nieves Landscape, Inc. for Landscape Maintenance in
the City Assessment Districts. (A2100.0AGR-3907)
SUMMARY: It is recommended that the City Council award Bid No. 012-19, to Nieves
Landscape, Inc. in the amount of $193,440 for landscape maintenance services at the
Santiago Hills (86-2), Shadow Ridge (82-1) and Sycamore Crossing (94-1) Assessment
Districts, and rej ect all other bids. The landscape contract will begin January 1, 2002
through June 30, 2002, with four contract extensions for a period of one year for each
contract extension.
ACTION: Approved the award of Bid No. 012-19 to Nieves Landscape, Inc. in the
amount of $193,440.00; and authorized the Mayor and City Clerk to execute the
contract on behalf ofthe City.
FISCAL IMPACT: Although the contract amount is $193,440, the City will need
funding in the amount of$96,nO to cover costs for the remainder of fiscal year 2001-02.
Sufficient funds exist in the following accounts:
100-7022-424301 (Landscape Maintenance):
290-7025-427100 (Landscape Maintenance):
291-7026-424301 (Landscape Maintenance):
293-7024-424301 (Landscape Maintenance):
Total
$ 1,200
2,100
89,820
3,600
$96,720
3.9 Award of Bid No. 012-20 to The Soto Company for Landscape Maintenance of City
Parks. (A2100.0 AGR-2662.A)
SUMMARY: It is recommended that the City Council award Bid No. 012-20 to the Soto
Company in the amount of $176,984.40 for full service landscape maintenance at ten (10)
parks and trash pickup at four (4) parks, and reject all other bids.
ACTION: Approved the award of Bid No. 012-20 to the Soto Company in the amount of
$176,984.40; and, authorized the Mayor and City Clerk to execute the contract on behalf
of the City.
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CITY COUNCIL MINUTES
December 11, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Although the contract amount is $176,984.40, the City will need
funding in the amount of $88,492.20 to cover costs for the remainder of fiscal year 2001-
02. Sufficient funding exists in the following account: 100-7022-427100 (Landscape
Maintenance): $88,492.20
3.10 Rejection of Bids - Bid No. 012-09, S.P. 3353 - Seismic Retrofit and Renovation of
the City of Orange Fire Headquarters Building. (C2500.H)
SUMMARY: The City received three bids for this project with a low bid for a contract
total of $2,256,000.00, which exceeds the budgeted funds.
ACTION: Rejected the bids received for construction of the project.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
565-3021-481105-2977
565-5011-481105-2977
550-5011-481105-2977
565-3021-481105-2978
565-7028-485100-2511
Total
$ 140,125.34
$ 114,222.36
$ 277,725.00
$ 507,984.71
$ 77,170.00
$1,117,227.41
(Fire Headquarters Seismic Retrofit)
(Fire Headquarters Seismic Retrofit)
(Fire Headquarters Seismic Retrofit)
(Fire Headquarters Remodel)
(Fire Headquarters Roof Replacement)
3.11 Award of Bid No. 012-14 to Villa Ford for Nine Police Patrol Cars, Six Full Size
Pick-up Trucks, Five Compact Sport Utility Vehicles and One Sport Utility Vehicle.
(A2100.0 AGR-3908)
SUMMARY: Nine Police Patrol Cars, Six Full Size Pick-up Trucks, Five Compact Sport
Utility Vehicles and One Sport Utility Vehicle have been scheduled for replacement as
part of the approved vehicle replacement schedule in the FY 2001/2002 budget.
ACTION: I) Approved the award of Bid No. 012-14 to Villa Ford in the amount of
$469,433.00, 2) authorized the Mayor and City Clerk to execute the contract on behalf
of the City and 3) authorized the City Manager to surplus the replaced vehicles at an
auction.
FISCAL IMPACT: Funds in the amount of $469,433.00 are budgeted in the following
account: 720-5023-472102, (Motor Vehicle Replacement)
3.12 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
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CITY COUNCIL MINUTES
December 11, 2001
3. CONSENT CALENDAR (Continued)
a. Christine Thompson
b. Pamela Tomashek
c. Nakeitha Moore
d. Sherry Harmon
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.13 Final acceptance of Emergency Generator at Corporation Yard and authorization
to file Notice of Completion with County Recorder. (No staff report required.)
(A2100.0 AGR-3447)
SUMMARY: Bid No. 990-13 - Corporation Yard New Generator. Contractor: National
Electric Contractors, Inc., 16610 Ventura Blvd. Suite No.6, Encino, CA 91436. Job
location: 637 West Struck Avenue. Staffrecommends acceptance of improvements.
ACTION: Accepted on-site improvements and authorize release of Lou Jones and
Associates, Bond No. 3SM 981 763 00, in the amount of $87,945.00, and authorized
Mayor and City Clerk to execute Notice of Completion.
FISCAL IMPACT: None.
3.14 Approve Contract with EyeMed Vision Care in conjunction with Fidelity Security
Life, for employee vision insurance benefits, effective January 1, 2002 to December
31,2003. (A2100.0 AGR-3909)
SUMMARY: The City had previously contracted with AVP Vision Care to provide
certain vision insurance benefits, optional to City employees. Staff conducted an open
bid through the City's insurance broker, William M. Mercer, and determined it was best
to terminate our coverage with A VP Vision and enter into a new contract with EyeMed
Vision Care.
ACTION: Approved a two-year contract with EyeMed Vision Care in conjunction with
Fidelity Security Life for employee vision insurance coverage, and authorized the Mayor,
City Clerk, and Personnel Director to execute on behalf of the City.
FISCAL IMPACT: There is no fiscal impact to the current budget. The total annual
amount expected to be paid to EyeMed through employee contributions is approximately
$12,800 annually. Employees are responsible for meeting the cost required to continue
this benefit.
3.15 Approve Contract Renewal with Delta Dental Plan of California for employee
dental insurance benefits, effective January 1, 2002 to December 31, 2002. (A2100.0
AGR-2937.B)
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CITY COUNCIL MINUTES
December 11, 2001
3. CONSENT CALENDAR (Continued)
SUMMARY: The City has contracted with Delta Dental Plan of California to provide
indemnity dental insurance benefits to City employees. This is a popular and
comprehensive dental insurance program for employees and their family members.
ACTION: Approved a one-year contract renewal with Delta Dental Plan of California,
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: There is no fiscal impact to the current budget. The total annual
amount expected to be paid to Delta Dental through employee contributions is
approximately $156,147 for 2002. This represents an 8.1% decrease in costs for this
program compared to 2001. Employees are responsible for meeting the cost required to
continue this benefit.
3.16 Award of Contract - Bid No. 001-41; SP 3362 Annual Service Contract for Concrete
Replacement Various Locations 2001-02. (A2100.0 AGR-3910)
SUMMARY: This project is part of the annual street maintenance activities for curb and
gutter, cross gutter, driveway approach, and sidewalk replacement at various locations
Citywide.
ACTION: 1) Awarded a contract in the amount of $193,940.00 to Elite Bobcat Service,
Inc., 1320 East Sixth Street, Suite 100, Corona, CA 92879, and authorized the Mayor and
the City Clerk to execute on behalf of the City. 2) Authorized the transfer of
$100,000.00 from Account No. 262-5021-483300-3120 (Measure M - Local Street
Maintenance, Slurry Seal Various Location 2001-02) to Account No. 262-5021-427100
(Measure M - Contractual Services, Annual Concrete Contract Replacement 2001-02).
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
262-5021-427100 (Measure M)
262-5021-427100 (Transfer from 262-5021-483300-3120)
Total Funds:
$190,000.00
$100,000.00
$290,000.00
3.17 Contract Change Order No.1; Bid No. 012-03; Project No. SP-3337, Street
Rehabilitation Improvements for Taft Avenue from Batavia Street to Glassell
Street. (A2100.0 AGR-3838)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work consists mostly of new sidewalk and handicapped access
ramps construction at various locations. The proposed locations are Taft and Main, Taft
and Case, Katella and Struck, Katella and Shaffer, and Lincoln at Ritz Mobile Home
Park. The total contract cost for this extra work is $27,400.00.
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CITY COUNCIL MINUTES
December 11, 2001
3. CONSENT CALENDAR (Continued)
ACTION: 1) Approved a Contract Change Order No.1 in the amount of $27,400.00 to
R.J. Noble Company for the extra work. 2) Appropriated $27,400.00 from Fund 550 to
550-5011-483300-3912 for sidewalk and handicapped access ramps construction at
various locations.
FISCAL IMPACT: After the appropriation funds will be available in the following
account: 550-5011-483300-3912 (Reimbursable Capital Projects Taft Ave) $27,400.00
3.18 Contract Change Order No.1; Bid No. 012-05; Project No. SP-3179, Hewes Street
Widening from Bond Avenue to Villa Park Road. (2100.0 AGR-3888)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work consists mostly of new sidewalk, curb and gutter, and
construction of handicapped access ramps on Riverdale Avenue from Orange-Olive to
the alley. The total contract cost for this project is $38,270.40.
ACTION: 1) Approved a Contract Change Order No.1 in the amount of $38,270.40 to
R.J. Noble Company for the extra work. 2) Appropriated $1,100.00 from Fund 330
(SB821) to 330-5011-483300-3244 for Contract Administration and Inspection. 3)
Appropriated $38,270.40 from Fund 550 to 550-5011-483300-3244 for sidewalk,
handicapped access ramps construction on Riverdale Avenue from Orange-Olive Rd. to
Tustin St.
FISCAL IMPACT: After the appropriations funds will be available in the following
account: 550-5011-483300-3244 (SB82l Reimbursable Capital Projects Hewes
Widening) 8,270.40
3.19 Approval of subcontract between Potential Industries and Waste Management per
Section 11.6 of the City's Solid Waste Franchise Agreement. (A2100.0 AGR-3247)
SUMMARY: Waste Management, the City's solid waste services provider, submitted a
letter notifYing the City of its arrangement with a third party to provide the processing
and marketing ofthe co-mingled recycling waste stream. Section 11.6 of the City's Solid
Waste Franchise Agreement requires Waste Management to receive written consent from
the City for the purposes of subcontracting.
ACTION: Approved Potential Industries, Inc. as a subcontractor to process and market
single stream recyclable materials collected from residences in the City of Orange.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
December 11, 2001
3. CONSENT CALENDAR (Continued)
3.20 Mills Act Contract #MAC-85.0-01 (Historic Property Preservation Agreement).
(A2100.0 AGR-3911)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
10 year term of this contract total $40,400. Location: 226 W. Palmyra Avenue.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $129 per
year.
3.21 Mills Act Contract #MAC-86.0-01 (Historic Property Preservation Agreement).
(A21100.0 AGR-3912)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
10 year term of this contract total $43,750. Location: 276 N. Grand Street.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $135 per
year.
3.22 Award Contract - Bid No. 012-17; Project No. S.P. 3375; Taft Library Renovation
Project. (A2100.0 AGR-3913)
SUMMARY: City Council approved advertising of this renovation project on September
25, 2001. The remodeled library will provide a much-improved environment for the
librarians and users alike.
ACTION: Rejected contract in the amount of $638,093.23 from Solorio Painting and
Construction, and awarded contract in the amount of $720,000.00 to second lowest
bidder, Klassic Engineering and Construction, Inc., 681 S. Tustin Avenue, Suite 204,
Orange, CA 92866 and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
310-9645-481105-9918 CDBG-Renovation of Taft Library
725-2001-481105-9918 CIP- Taft Library Renovation
725-5028-481105-9918 Taft Community Center
790-1601-481303-9640 Data Processing Upgrade Project
Total
$
103,300.00
662,530.00
100,000.00
184,847.00
$1,150,677.00
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CITY COUNCIL MINUTES
December 11, 2001
3. CONSENT CALENDAR (Continued)
3.23 First Amendment to Landscape Maintenance Services Contract (Bid No 001-33)
with Plant Control Landscape Maintenance, Inc. (A2100.0 AGR-2680.A.l)
SUMMARY: It is recommended that the City Council approve the First Amendment to
Landscape Maintenance Services Contract (Bid No. 001-33) with Plant Control
Landscape Maintenance, Inc. in an amount not to exceed $33,000.00 for interim
landscape services at the Santiago Hills 86-2, Shadow Ridge 82-1, Sycamore Crossing
94-1 Landscape Maintenance Assessment Districts and Santiago Hills Fire/Police
Facility. The landscape contract began November 1, 2001 through December 31, 2001.
ACTION: Approved the First Amendment to Landscape Maintenance Services Contract
(Bid No. 001-33) with Plant Control Landscape Maintenance, Inc. in an amount not to
exceed $33,000.00; and, authorized the Mayor to execute and City Clerk to attest the
First Amendment on behalf of the City.
FISCAL IMPACT: Sufficient funds have been budgeted for landscape maintenance
services for FY 2001-02 in the following accounts:
100- 7022-424301 (Landscape Maintenance)
290-7025-424301 (Landscape Maintenance)
291-2026-424301 (Landscape Maintenance)
293-7024-424301 (Landscape Maintenance)
Total
$ 1,000
900
28,700
2,400
$33,000
3.24 Contract Change Order No.4; Bid No. 001-15; Project No. SP-3275, City of Orange
Corporation Yard - Seismic Retrofit and ADA Improvements. (A2100. AGR-3678)
SUMMARY: Contract Change Order No.4 authorizes payment for extra work at agreed
prices. The amount of Contract Change Order No.4 is $14,225.35.
ACTION: Approved a Contract Change Order No.4 in the amount of $14,225.35 to
DRP Construction for the extra work.
FISCAL IMPACT: Funds are budgeted or are available in the following account:
550-5011-481105-2975 $14,225.35 (Seismic Retrofit-Garage)
PROPERTY PURCHASE
3.25 Purchase of a 10 foot wide strip of land at 1839 W. Chapman Avenue. (2100.0 AGR-
3914)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by McDonald's Corporation.
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CITY COUNCIL MINUTES
December II, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 10 foot wide strip of land located at 1839 W. Chapman
Avenue. Purchase price is $47,093.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $47,093.00 are available in the Chapman
Avenue Widening Project - Account No. 284-5011-483300-4038 (TSIP Area B).
3.26 Purchase ofa 10 foot wide strip ofland at 1525 W. Chapman Avenue. (2100.0 AGR-
3915)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Joseph and Mary Secard.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 10 foot wide strip of land located at 1525 W. Chapman
Avenue. Purchase price is $51,415.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $51,415.00 are available in the Chapman
Avenue Widening Project - Account No. 284-5011-483300-4038 (TSIP Area B).
RESOLUTIONS
3.27 RESOLUTION NO. 9550 (C2500.J.4)
A Resolution of the City Council of the City of Orange applicable to the Christmas
Holiday for the Calendar Year 2001 approving the closing of certain City facilities
between Christmas and New Years, and granting an additional one-half day of holiday
time on December 24, 2001 to all employees other than certain safety employees with
these safety employees receiving certain benefits in lieu of holiday leave.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.28 RESOLUTION NO. 9552 (C2500.I.l)
A Resolution of the City Council of the City of Orange honoring Kathleen "Kay" Massa
for six years of dedicated service on the Orange Public Library Board of Trustees.
Discussion: Councilmember Cavecche commented after serving for six years with Kay
Massa she wanted to take this opportunity to recognize her at this meeting since she is
present. The Council will be officially recognizing her and presenting this resolution to
her at the Library Board of Trustees meeting on December 17, 2001. Kay Massa served
on the board extremely well with a lot of diligence and she and Councilmember
Cavecche went through a lot together with the economic downturn and Library remodel.
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CITY COUNCIL MINUTES
December 11,2001
3. CONSENT CALENDAR (Continued)
Mayor Murphy asked Kay Massa to stand and be recognized. He commented on where
the City Library was in 1995 and where they are today; a lot has been accomplished
which Kay played a large part in as a board member.
Mrs. Massa commented on the following accomplishments: the Libraries are now open
on Fridays, a Foundation has been established that will raise money, the City has a new
City Librarian, Nora Jacob; and if the State is generous, the Libraries will benefit. Mrs.
Massa thanked the Council.
MOTION - Cavecche
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
ACTION: Approved.
3.29 RESOLUTION NO. 9553 (C2500.M.13)
A Resolution of the City Council of the City of Orange declaring its intent to set the time
and place for a public hearing to consider the designation and adoption of an
Underground Utility District requiring the removal of poles, overhead wires and
associated structures within that area of the City generally located on West Chapman
Avenue from Bitterbush Street to Main Street, as is more particularly described in Exhibit
A attached hereto and on that certain map attached hereto as Exhibit B and on file in the
office of the City Clerk and the Department of Public Works.
ACTION: Approved.
TRACT MAPS
3.30 Request from SunCal Companies to approve the recordation of Final Tract Map
No. 16214. (T4000.0 TRT-1624)
SUMMARY: SunCal Companies is requesting that the City Council approve the
recordation of Tract Map No. 16214. This map is a subdivision of a portion of Tentative
Tract 14360. All plans have been approved, fees paid and bonds posted to guarantee
improvements.
ACTION: Approved the request from SunCal companies for the recordation of Final
Tract Map No. 16214.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
December 11,2001
3. CONSENT CALENDAR (Continued)
3.31 Request for a one-year time extension for the approval of Tentative Tract Map
15680, Conditional Use Permit 2227-98, and Administrative Adjustment 99-17 - St.
Paul's Lutheran Church of Orange (former applicant, Greystone Homes). (T4000.0
TRT 15680))
SUMMARY: On December 14, 1999 the City Council approved Tentative Tract Map
15680, Conditional Use Permit 2227-98, and Administrative Adjustment 99-17 which
allowed the subdivision of5.7 acres of property and the development and construction of
a Planned Unit Development for 49 single-family residences on property located east of
Canal Street and south of Heim Avenue, adjacent to the Mall of Orange.
ACTION: Approved a one-year time extension for the approvals for Tentative Tract
Map 15680, Conditional Use Permit 2227-98 and Administrative Adjustment 99-17.
Note: Councilmember Cavecche abstained from this item and stated she got the wrong
tract map and was not able to go out to look at the site. She felt she did not have enough
knowledge at this time to vote on the request for a one year time extension.
FISCAL IMPACT: The request for the time extension has no impact on the city's
budget. Implementation of the project will result in the applicant paying all applicable
fees related to site development as part of the issuance of grading and building permits.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Item 3.5 was continued to January 8, 2002; Item 3.28 was removed and heard separately
and Councilmember Cavecche abstained on Item 3.31.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY
4.1 Request City Manager to schedule a Study Session pertaining to the 301H Waiver
Renewal for the Orange County Sanitation District
Mayor Murphy commented Councilmember Cavecche had contacted him regarding this request
also. This is an important issue since the final decisions by the Sanitation District will take place
by November, 2002. Mayor Murphy is stepping down as the active Director on the Sanitation
District Board and Mayor pro tem Alvarez will take over the active Director position; Mayor
Murphy will be the alternate. The study session will be a great opportunity for the Council to be
brought up to date on this issue. The City Manager was instructed to schedule the study session
for the early part of next year but before March, 2002. Mayor Murphy suggested the meeting be
PAGE 13
CITY COUNCIL MINUTES
December 11, 2001
4. REPORTS FROM MAYOR MURPHY (Continued)
set up like the EI Toro Study Session held recently with a timeframe for each perspective and
time for questions from the Council and audience.
Mayor Murphy recognized the following people who thanked Council for scheduling the Study
Session: Larry Porter, 1501 Westcliff Dr., #201 (no city); Eileen Murphy, 201- 21st St.
Huntington Beach; and Greg Jewell, 8622 Laurie Circle, Westminster.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Report from the Economic Development Director regarding the Annual Report of
the Orange Redevelopment Agency for Fiscal Year 2000-2001, and authorization to
transmit the report to the Controller ofthe State of California. (R3500.0)
SUMMARY: The Annual Report describes the activities of the Redevelopment Agency during
Fiscal Year 2000-2001, and includes a fiscal statement and independent audit report relating to
the Agency's finances.
The Senior Project Manager presented the report and reviewed the accomplishments during the
past year.
(See ORA Agenda Item No. 7.1)
RESOLUTION NO. 9549
A Resolution of the City Council of the City of Orange approving the Annual Report of the
Orange Redevelopment Agency for Fiscal Year 2000-2001 and authorizing and directing its
transmittal to the Controller of the State of California.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved to adopt Resolution No. 9549.
8. REPORTS FROM CITY MANAGER
8.1 To facilitate our opportunity to use Prop. 14 monies toward a new library, I am
seeking Council authorization to negotiate a contract not to exceed $100,000 from Account
No. 500-2001-481200-9901. This appropriation will allow staff to negotiate a contract with
a qualified Architectural firm for preliminary design and detailed drawing. I will return to
Council for additional direction and appropriations on this project as necessary.
PAGE 14
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CITY COUNCIL MINUTES
December 11, 2001
8. REPORTS FROM CITY MANAGER (Continued)
The City Manager announced Group 4, the Library Master Plan Consultant has made significant
strides in the past few months with more work yet to be done. Sufficient work has been
completed to give the City enough vision to feel confident to move towards Phase I identified by
the consultants in the expansion of the Library system. Phase I is to construct a new Library
facility in the downtown service area. The old Bank of America site is best suited for the facility
with no feasible alternative. At stake is the opportunity to compete for a grant that may reward
the City up to $20 million. Time constraints are significant in order to meet the June 14th
application deadline. We have reasonably confident advice from two competent architectural
firms familiar with Proposition 14 guidelines, the City may be able to compete for the necessary
work by that date. Given the second round of competition for grant funds, only nine months
after June 14,2002 date, it is strongly recommended to the Council that staff move ahead with
all speed. A detailed account by Group 4 will be provided to the Council in their weekly report.
The only other alternative piece of property sufficiently large enough would be the site of
additional property at Grijalva Park. Site plans were re-reviewed and because of time
constraints, staff would have to do a complete new environmental impact report because it is a
different project which could take more than six months to complete. The soils test information
is likely to be insufficient to give us confidence to move ahead on that site because there is more
soils testing needed to be completed to show where to build. Also, the rehabilitation costs are
yet unknown. Given the master planning of recreational facilities, a lot of processing would be
required of staff and Council to make a decision on the site. The environmental concerns and
soils ability to handle any building on that site with any level of confidence to produce
architectural documents does not give the City Manager any confidence to move ahead and
compete. Council will be provided with some of the documentation in writing to review. The
City Manager is requesting authorization to meet with these architectural firms and negotiate the
best contract and return to Council for any additional direction.
Mayor pro tem Alvarez, for the record, commented in light of what has been pointed out by
former trustee Kay Massa, the City needs a new library system if we could afford it and right
now we cannot. Prop 14 is giving the City an opportunity that in his view after being involved
with the Friends of the Library, is so critical that we understand this is a competition for funds
and he would like to encourage the Council to put on a full court press to try to get this money.
When the architectural firms are looked at, the City Manager should get the top flight best person
that will give the City the most fighting chance to obtain these funds. This is very very
important and if more staff time is needed or money so the City Manager can put together a team
to put this package together to submit, then he would encourage them to do that. This is a unique
opportunity and wants to see Orange put forward a program that will be second to none. Mayor
pro tem Alvarez supports this and time is ofthe essence and the City needs to move quickly.
Councilmember Cavecche indicated she has never been comfortable with placing a large facility
in the downtown area where it is now. Her thought was we were trying to make something fit
into the only piece of land we have. It has always been her belief that a large branch could be
located in what was going to be the geographical center of the City on the east side. However,
with The Irvine Company's donation ofland, the plans for the east side have changed
PAGE 15
CITY COUNCIL MINUTES
December 11, 2001
8. REPORTS FROM CITY MANAGER (Continued)
considerably. Service wise now, the east side would not be the ideal location for a large branch.
A small branch would be ideal there and comments were made to The Irvine Company on this
Issue.
The City does need to get going with the Prop 14 money. Councilmember Cavecche would like
to make sure the architectural firm is given a copy of the Old Towne Design Guidelines or is
aware of the guidelines so it can be taken into consideration. It is in the best interest in this
process, given the joint use facilities, that we will be getting the first shot at this and that this
Council will reach out to the Orange Unified School District Board of Trustees in trying to work
out what will be a progranunatic approach. The staffs will be able to work together. The State
will be looking closely at the joint use. As far as going forward with the architectural plans, the
City needs to make sure they have a great program with the school district.
Mayor Murphy commented it is encumbent on everyone to put the resources together and make
sure it is a first class effort. Even if we felt we could not make the first round and have to go to
the second round, then you will be competing with everyone who wasn't successful in the first
round. There is a real advantage to going in the first round. Even in a worst case scenario and
we weren't successful, the planning process is a benefit that puts us that much further ahead in
taking the next step.
Councilmember Slater commented he has some concerns about what appears to be trying to shoe
horn a library the City deserves into what seemingly is a small downtown space. Also, in light of
the fact the City spent a sizeable amount of money rehabbing this Library, it seems the City's
main Library should be located further east. Nevertheless, we shouldn't ignore opportunities like
this and support applying for the first round of funds.
Mayor pro tem Alvarez commented on the Council putting together a strategy and going to
Sacramento to get support for the funds. Mayor Murphy indicated the proposal needs to be put
into place first and then discuss the strategy.
MOTION - Slater
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to give the City Manager authorization to negotiate a contract, not to exceed $100,000
and negotiate a contract with a qualified architectural firm for preliminary design and detailed
drawings with emphasis on qualified. Mayor authorized to sign the request.
9. LEGAL AFFAIRS - None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10.a RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
PAGE 16
CITY COUNCIL MINUTES
December 11, 2001
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :45 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
I) Nieupointe Enterprises, LLC, et al. v. City of Orange, et aI., Orange County Superior Court
Case No. 01CC02712
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None
13. PUBLIC HEARINGS
13.1 SANTIAGO CANYON COLLEGE SOCCER FIELD LIGHTING, NEGATIVE
DECLARATION NO. 1679-01 (N1200.0 Neg-1679-01) TAPE 2122
Time set for public hearing to consider adoption of Negative Declaration No. 1679-01 and plans
and specifications for the installation of soccer field and parking lot lighting at Santiago Canyon
College, 8045 E. Chapman Avenue.
The Director of Community Services presented the report indicating the City is proposing to
install ten 70 ft. sports field lighting poles as part of the approved joint agreement between the
City and Rancho Community College District. Additionally, seventeen 30 ft. security light poles
are proposed to be installed at the existing college parking lot. This project when completed will
provide field lighting for youth soccer practices. The two existing soccer fields will be used
from dusk to approximately 9:30 p.m. Since the City is responsible for funding and overseeing
the project construction, it is therefore the lead agency and under California Environmental
Quality Act, it is recommended Council approve the site plan, the proposed project
improvements and adopt the Negative Declaration finding that the proposed lighting
improvements will not have a significant effect on the environment. It is further recommended
that Council approve the plans and specifications and approve authorization to bid this contract.
The Negative Declaration was circulated for public review for 30 days, three letters were
received and distributed to Council, and only one is from a resident. The agreement between
both agencies identifies the following: The City would pay for design, purchase, installation,
electrical and minor maintenance costs. The District would pay for design for construction of
two soccer fields which they have already completed and additionally should the fields be
relocated at any time during this 25 year agreement, the District would pay the total costs for
relocation.
PAGE 17
CITY COUNCIL MINUTES
December 11, 2001
13. PUBLIC HEARINGS (Continued)
Council comments:
Councilmember Cavecche indicated the fields of Santiago Canyon College are below street
grade and asked when the project was completed is the City taking into consideration that the
fields are lower which means the light could possible be shining directly into the houses that are
near there? This is the same physical setup that happened at the Olive Elementary School fields
a few years ago.
The Director of Community Services indicated the project has been through a number of
illumination screening tests and the difference is approximately 28-30 feet lower than where the
houses are located. Also, because the way the lights are shielded, the light will shine down on
the existing field of play and not go more than 15 feet in back of the field of play.
Mayor pro tem Alvarez asked since this is a joint use does the soccer field become incorporated
into the Master Plan of Parks in terms of the amount of space. The Director of Community
Services reported it does, but the share is pro-rated and the City would get 50%.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Bob Bennyhoff, Orange Park Acres, spoke in favor of the lighting project, but wanted to call
Council's attention to the scarcity of baseball fields in the City.
THERE BEING NO FURTHER SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING.
RESOLUTION NO. 9551
A Resolution of the City Council of the City of Orange approving Negative Declaration No.
1679-01 and plans and specifications for the installation of soccer field and parking lot lighting
at Rancho Santiago Canyon College (8045 E. Chapman Avenue) and making certain findings
with respect thereto.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved to adopt Resolution No. 9551.
13.2 EXTENSION OF INTERIM URGENCY ORDINANCE NO. 19-01. (ZI500.0)
Time set for public hearing to consider adoption of Ordinance No. 23-01, extending Ordinance
No. 19-01, an Interim Urgency Ordinance prohibiting building of secondary units in the 300 and
400 blocks of South Grand Street, between Palmyra Avenue and La Veta Avenue, for a period of
10 months and 15 days.
PAGE 18
CITY COUNCIL MINUTES
December 11, 2001
13. PUBLIC HEARINGS (Continued)
Note: Councilmember Slater regretfully abstained from this item due to a property interest of a
recent sale in the area.
Mayor Murphy indicated due to the absence of Councilmember Coontz and with Councilmember
Slater abstaining, this left only three Councilmembers to vote on the issue. The City Attorney
reported the urgency ordinance requires a 4/5s vote in order to extend the ordinance. There is a
rule of necessity which says if there are not enough Councilmembers available that do not have
conflicts, one Councilmember that may have a conflict may be brought back to vote and
establish a quorum, but it was not clear that this would apply when a Councilmember was ill.
The City Attorney called the Fair Political Practices Commission before this meeting and the rule
of Necessity does not apply if a Councilmember is ill. The City Council cannot adopt the
ordinance tonight.
Also, the problem is that the interim measure expires on December 28,2001. Under the statute,
there is a provision under the Government Code that says you cannot adopt another interim
measure on the same property for the same reasons you adopted the first interim measure once
the first interim measure has terminated. The option left to Council is to call a special meeting.
MOTION
SECOND
AYES
ABSENT
- Murphy
- Cavecche
- Alvarez, Mayor Murphy, Cavecche
- Slater, Coontz
Moved to call a special meeting for December 18, 2001 at 4:30 p.m.
13.3 APPEAL NO. 483 - MAJOR SITE PLAN REVIEW NO. 169-01, NEGATIVE
DECLARATION NO. 1668-01, CHAPMAN UNIVERSITY ALL FAITHS CHAPEL;
DEMOLITION OF CHEVERTON HALL AND CONSTRUCTION OF TEMPORARY
DORMITORY PARKING LOT - CHAPMAN UNIVERSITY: (A4000 APP 483)
Time set for public hearing to consider an appeal by Chapman University of the Planning
Commission's decision to deny Major Site Plan Review 169-01, a proposal to construct an
approximate 10,868 square foot All Faiths Chapel with associated amenities; and the demolition
of Cheverton Hall with the subsequent construction of a 163 space temporary parking lot. Note:
Negative Declaration 1668-01 was prepared to evaluate the environmental impacts of this
project.
The Director of Community Development reported the original application was heard by Staff
and Design Review with a positive recommendation. The Planning Commission reviewed the
proposal, expressed concerns and denied the proposal. Their concerns dealt with the particular
design of the chapel was not consistent with the Specific Plan, the Old Towne Design Standards
and the Southwest Redevelopment Design Standards. Regarding the appeal filed in June,
Chapman heard concerns from the Planning Commission and the community and has re-tooled
the design of the proposed chapel. The location of the chapel, the overall square footage, the
seating capacity of the main chapel and auxiliary chapel have remained primarily the same but
PAGE 19
CITY COUNCIL MINUTES
December 11, 2001
13. PUBLIC HEARINGS (Continued)
the design has changed substantially. Originally the design was of a circular nature in terms of
the main chapel with a slanted roof and a sky light element that extended above the roof plane.
They have revised the plan to incorporate a more neo-c1assical type design, more rectangular in
design and more rhythm pattern to the windows and openings of the walls. Regarding the size of
the revised chapel proposal, it remains basically the same with a slight increase in the square
footage. The height of the overall elements in the chapel have remained the same as originally
proposed.
The Design Review Committee and Planning Commission have not reviewed the revised design
of the chapel. The Council needs to determine whether or not this proposal is essentially the
same as the original proposal and whether it is appropriate for Council to take action on the
appeal. If it is determined the changes are significant and it is a new proj ect, staff is
recommending it be sent back to DRC and Planning Commission. If the basic proposal is
determined to be the same and there are just design elements that have changed, Council needs to
consider whether or not the project complies with Old Towne Design Standards, the Specific
Plan and the Southwest Design Standards.
Staff is recommending if Council finds in favor of the appeal and the design, and because all
details of the design have not been analyzed yet, the final architectural and landscape plans be
referred back to DRC for final approval.
Council comments:
Councilman Slater commented that he understood the Community Development Director was
working with Chapman University on a new specific plan and asked what the timing was and
when would it be available for review.
The Director of Community Development reported Chapman University is proposing a new Film
School on a location that is not currently included within their campus and they will have to
amend the specific plan and incorporate that area into their campus. Staff has suggested to
Chapman, since there have been concerns over the years, and there is not an overall Master Plan
which would layout the timing of development, that they not only change the boundaries but also
look at sections of the specific plan and retool as well as incorporate issues that would make a
better document. Regarding timing, they have a consultant who is working on a draft and by the
Spring of this coming year, they hope to be before the Planning Commission.
Councilmember Slater stated that the Chapman University has acquired a lot of property within
the last 11 years including areas that are not included in the proposed Film School; would all of
those areas be considered in the new Specific Plan whether or not they had plans for future use?
The Director of Community Development commented on the proposed boundaries for the
Specific Plan. Staff has reviewed this with Chapman University and their consultant and taken
into account contiguous areas that made sense to incorporate into the Specific Plan. It will not
include all the properties they have ownership of because they may not own adjacent parcels and
they are dealing with spot ownership on a case by case basis, often time not totally incorporating
them into the uses of the University, it's more ancillary type uses. With the proposed Specific
PAGE 20
CITY COUNCIL MINUTES
December 11, 2001
13. PUBLIC HEARINGS (Continued)
Plan amendment they plan to take the same tact, and staff would be looking at pockets or trying
to include areas that they don't have ownership over to make some logical boundaries.
Councilmember Slater asked in 1989 the Specific Plan showed a proposed chapel in a different
location. What was the size of that chapel compared to the current proposed one? The
Community Development Director did not know the answer.
Councilmember Cavecche commented the current Specific Plan does not show the chapel in the
area they are proposing; does that cause a problem with saying this chapel meets the Specific
Plan? The Director of Community Development stated in terms of the Specific Plan and
diagrams, they are to be representative, but the language does not tie any particular use to a site
specific.
Mayor pro tern Alvarez asked does the site review need to include what the chapel will look like
or is it a site plan of the foot print of where the chapel will site? The Community Development
Director commented it does include what the building will look like. The Design Review
Committee does give recommendations and the Planning Commission looks at the specifics of
the design and elevations to see if they feel it is consistent.
Mayor pro tern Alvarez further asked about the Planning Commission denial and what was it in
the standards that the proposal did not meet? The Community Development Director stated it
had to deal mostly with the design. The Planning Commission found the design to be much too
modem, roundness of the building, which was not consistent with the design standards.
Mayor pro tern Alvarez also asked if the new proposal met the requirements of the Circulation
Element? The Community Development Director indicated the environmental review had a
traffic and parking plan and staff felt confident the location was appropriate and circulation and
parking were adequate for the use.
Mayor Murphy called for the applicant to speak.
Ken Ryan, Principal with EDAW, 17875 Von Karman Ave., Irvine, representing Chapman
University, presented the architectural modifications to the All Faiths Chapel with a powerpoint
presentation. This is not a straight appeal, adjustments have been made that specifically respond
to the input from the Planning Commission and members of the community, specifically Old
Towne Preservation Association. Mr. Ryan summarized three main points: 1) where they have
been which the Community Development Director has already accomplished, 2) specific
modifications and 3) discuss how to move forward.
Specific Modifications
-programmatic elements ofthe revision remain the same
-in terms of the site area, 19,200 feet, 250 seats, 50 seats for the chapel, roof height at 55 ft.
tower element at 75 ft. and gross building area generally the same
-inspiration for revised architecture was to utilize elements found in neo-classical architecture
which reflects scale and proportion and rhythm - a loggia type treatment on the roof which
creates a floating sensation
PAGE 21
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CITY COUNCIL MINUTES
December 11,2001
13. PUBLIC HEARINGS (Continued)
-design principles are compatible with the goals of the specific plan and Old Towne guidelines
-Design details - use of color and texture as it relates to the campus
-Floor plan illustrates a garden area, a water feature with a vestibule to provide for main access
to larger worship hall. The south elevation illustrates how the garden reaches out into the
campus area.
-Elevations and their specific features were described in detail.
-Lighting is important and reflective of the religious intent with the art and stained glass.
Mr. Ryan concluded they strongly support staffs recommendation that if Council finds in favor
of this revised architectural design and grants the appeal based on the revisions, the final
architectural and landscape plans be referred to the Design Review Committee for their final
approval.
Council discussion:
In response to Mayor pro tern Alvarez, Mr. Ryan commented with the condition of approval and
the dialogue with OTPA members, the University has provided the assurance that the images and
model of the facility and vision can be carried out. This however will not be built tomorrow.
Everyone wants to make sure it is reviewed by DRC and the design details are carried out. Also,
the same building materials that were used for the Law School will be used for the chapel. The
intent of the light tower is a lantern signifying an invitation into the vestibule.
In response to Councilmember Cavecche's concerns regarding the chapel use, Mr. Ryan
described the use as dedicated to spiritual programming, bringing students into a different arena.
Ron Farmer, Dean of the All Faiths Facility, described the type of functions ranging from
individual meditation time (small chapel use), worship services, bible studies, musical
performances and offices for staff workers. It will not be used as a secondary all purpose
auditorium.
Councilmember Slater asked for clarification on Chapman University's history as a Christian
sponsored university. Dean Farmer indicated Chapman is a church related institution, started by
the Christian Church Disciples of Christ. This group reaches out to other christian
denominations. Disciples have also been on the cutting edge of interfaith dialogue with other
groups. All Faiths Chapel is very much in keeping with their heritage as a disciples related
school.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
The following people spoke in opposition expressing their concerns that this is a completely
different project and should go back through the process before it comes to Council for approval:
Janet Crenshaw, 464 N. Shaffer St.
Ann Siebert, 340 S. Olive St., speaking on behalf of OTP A Board of Directors
Joan Crawford, 394 S. Orange St., commented it was the Planning Commission's charge to find
the CEQA findings and they have the expertise to make those findings.
PAGE 22
CITY COUNCIL MINUTES
December 11, 2001
13. PUBLIC HEARINGS (Continued)
Speaking in favor:
Bill Parker, 908 Wanda Road
Appellant response:
Mr. Ryan indicated this is somewhat unique in terms of the process with differing opinions from
the DRC and Planning Commission and are looking for Council's guidance. The timeline for the
building opening is expected to be a year and a half.
THERE BEING NO FURTHER SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING.
Council comments:
The City Attorney clarified the distinction between the Zehner application and this application.
The Zehner application was a minor site plan review and the Council heard it was because the
DRC denied the project and it was appealed by Mr. Zehner. Theoretically, if the DRC had
approved the project it would not have gone beyond that.
Concerning the Planning Commission being responsible for CEQA approval, either body,
Planning Commission or the City Council, can make CEQA findings.
Mayor Murphy commented the right thing to do is to approve this project in concept and send it
back to DRC for review of the architectural details. There was a response from the community
which was to improve the project and we should not penalize folks for doing the right thing. It
does not set a precedence. Mayor Murphy indicated he has confidence in the DRC to ensure that
the detailed part of this design are dealt with in a way that they will respond to and concur with
all requirements and guidelines of Old Towne, Chapman Specific Plan and Southwest Design
Standards.
The City Attorney commented he doubted anyone would have a legal argument concerning
setting a precedent.
Mayor pro tern Alvarez commented staff recommended approval for the Negative Declaration
and CEQA documents and agreed. The site plan and location works well and meets the elements
the University needs: Circulation Element - the Chapel location would not cause any circulation
problems; the size of the building has no problems with layout or interior; and he supports
sending the elevation portion, the architectural and landscape plans of the project, back to either
the DRC or Planning Commission so the design of the exterior would meet the Old Towne
Design Guidelines. Also, he recommended that Mr. Ryan could look at St. John's Church's
recent application for the new building at Shaffer and East Chapman regarding design standards.
PAGE 23
CITY COUNCIL MINUTES
December 11, 2001
13. PUBLIC HEARINGS (Continued)
Councilman Slater applauded the University for the tremendous effort they have undertaken to
meet with the community and to bring forward a completely different design that is truly an
effort in the right direction and is a large improvement over the previous design. The chapel has
been a long time in coming and he hopes it comes forward soon. However, this is a new project
and in terms of what staff has told the Council, it is not in the Council's purview to consider a
completely new project. If this is approved in concept, Council would send the message to DRC
and the Planning Commission that they like it but it needs to be tweaked here and there and he is
not sure that is the message he would like to send back to them. The process should be abided
by. It seems like the direction of the campus is that every building that comes forward is a
complete new entity and there does not seem to be an effort to mesh it in with the rest of the
campus and Old Towne itself. It doesn't seem like they are taking into consideration the overall
community and downtown in which Chapman is a vital interest. He would like to see more
emphasis placed on historical perspective and direction for the buildings. He agrees with the
Planning Commission in finding the Major Site Plan Review does not meet the environmental
plateau, namely the proposed project is not consistent with the relative goals and policies of
Chapman University's Specific Plan or the City's General Plan.
Councilmember Slater cited some examples in Chapman's Specific Plan. One of the goals was
to provide an architectural design theme and plan that are sensitive to the character of the
surrounding neighborhoods. This is not the case. The Specific Plan says each building should
continue to have its own identity, however, architectural compatibility throughout the University
should be achieved. When considering this area is in the Southwest Design Guidelines, they say
with regard to architecture that the intent of the Southwest Design Standards are to re-enforce
and commemorate the architectural origins of Chapman University while allowing flexibility and
creativity in building design. This can be accomplished by respecting the architectural elements
presented on campus and community without prescribing to anyone style. This encourages new
structure, compatibility with past styles and guides future development. It also says each campus
building may exemplifY different architecture elements yet the overall campus character should
remain consistent. In the academic zone, of which this is, it says new buildings should be
carefully integrated and designed to respect existing character established by the older university
buildings. This does not require replication of this style, however, strong contrasting styles, i.e.
gothic, Spanish mission, modem, should be avoided on this part of campus.
The rules and plans laid down over the years make a lot of planning sense and are a tool.
Councilmember Slater feels Council should follow the guidebook. The process should be used
and this project should be denied for environmental reasons and the process should begin again
with the DRC reviewing this in its entirety.
Councilmember Cavecche commended AC Martin for the first design and thought is was an
exciting piece of architecture. If it were going to be placed any place else in this City, except for
where it was asked to go, it would be a wonderful addition to the City of Orange.
Councilmember Cavecche congratulated the Planning Commission on their intelligence and
forthright action in denying the proposal as it does not fit in with the City historic guidelines. In
thinking about the University as a whole and the projects coming forward, Chapman University
PAGE 24
CITY COUNCIL MINUTES
December 11, 2001
13. PUBLIC HEARINGS (Continued)
does not share a vision with the City for its campus. It has its own vision for what it wants and
does not seem to want to include the community in its process, growth or vision. As Mr. Ryan
said, it took a big stick to get it to this point. There is a problem with the fact that when the
architect brought forward the first plan someone at the university should have taken a look at it
and known there was no way the project was going to go through. The fact that DRC approved it
indicates perhaps Council needs to have a study session with the DRC on what Council is
looking for in the Old Towne area. Chapman University continued to push that project through.
Even in their appeal they made the comment that they believed the Planning Commission failed
to follow local State and Federal laws including the Religious Land Use and Institutional Act
which seemed far off. They finally realized they did not have the votes and it is sad because
Chapman University should have the same vision the community has. Councilmember
Cavecche was surprised to hear Chapman received a lot of community input on the original
design and they still went forward with it. Something needs to be done on a city level to make
sure this does not happen again.
Councilmember Cavecche stated this new design is a wonderful, except for the tower design.
This building can be approved given a lot of consideration in the design elements. This is an
important building for Chapman and too important for the Council to give 100% approval on
drawings that have no detail. This does meet the criteria for the site plan, however she wants to
go with the staff recommendation and there are a lot of design details that need to be worked out:
what kind of stained glass will it be, brick material, design elements at the Law School that could
be incorporated in this, with a stipulation to have the architect re-Iook at the tower. Also,
Councilmember Cavecche did not know there was a Chapman Planning Committee and it is
something that should be made official with Planning Commissioners and Councilmembers that
would produce some dialogue so that before projects are brought before the City, they have gone
through a group review in order for Council not to have to go through this again.
Councilman Slater, for the record, commented one of the things mentioned earlier that he has a
concern about are some issues: a need for a comprehensive master plan that looks at the pace of
growth including buildings, schools and student population; clarification on appropriate design
theme for new buildings; better discussion of edge development; better discussion of
compatibility both internally and with the external community; better recognition of the historic
context which Councilman Slater thinks is grossly missing; and a clearer discussion of on-site
open space. Each of these areas are addressed to some degree in the current Specific Plan but are
either lacking in detail or seemed to point in different directions and different sections of the
Specific Plan. This is a huge on-going concern.
With regard to the tower, he does not want the University to feel like they are under some height
restriction just for the tower alone. There are fantastic examples, one in particular, St. John's
Lutheran Church. It has height to it in the tower and is a prominent building. He does not care if
it is compatible with the building in terms specifically how high that tower has to be. The height
itself is not a specific concern. Councilmember Slater commented Chapman University really
made a find in Ken Ryan, he has done a fantastic job and wished he had been hired a long time
ago. Mr. Ryan has set the bar in terms of working with the community and making an effort.
PAGE 25
CITY COUNCIL MINUTES
December 11, 2001
13. PUBLIC HEARINGS (Continued)
COUNCIL ACTION:
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Cavecche
NOES - Slater
ABSENT - Coontz
1. Adopted Negative Declaration 1668-01 as the California Environmental Quality Act (CEQA)
document and determination
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Cavecche
NOES - Slater
ABSENT - Coontz
2. Motion on Appeal No. 483
Moved to uphold the appeal, approve this in concept subject to the following conditions:
1) Final architectural and landscape plans be referred back to the Design Review Committee for
review and approval; and 2) Stipulations for DRC's review: Redesign of Tower so it is more
fitting with the building; review architectural design for amount of detail in some of the materials
as an example St. John's Church recent new building; 3) attention to detail from a historic
perspective in terms of compatibility with the district and University.
Councilmember Cavecche commented for the record, she has always had a policy to not overturn
the Planning Commission appeals. If this had been the same design and had gone before the
Planning Commission she would have not gone for the appeal.
Councilman Slater could not support the motion. He felt he does not like to overturn the
Planning Commission decisions except on rare occasions and respects their work, as the Council
does, but the process needs to be adhered to and should start back at the DRC.
Mayor pro tern Alvarez, for the record, saw this as denying what is before the Council on the
diagrams and actually asking them to move forward with a new design. He sees it as remaining
consistent with the Planning Commission that I don't support that particular design for the
exterior but am looking forward to sending it back to DRC for approval of the exterior design.
14. PLANNING AND ENVIRONMENT - None
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CITY COUNCIL MINUTES
December 11, 2001
15. ADJOURNMENT
The City Council adjourned at 9:58 to an Adjourned Regular Meeting, December 18, 2001 at
4:30p.m.
MOTION - Mayor Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
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CASSANDRA A HCART, CMC
CITY CLERK
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PAGE 27
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