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7/22/2003 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON AUGUST 12, 2003 CITY COUNCIL MINUTES ORANGE CALIFORNIA , OF A REGULAR MEETING July 22, 2003 The City Council of the City of Orange, California convened on July 22, 2003 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 Pastor Dwayne Smets, Plaza Bible Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Murphy 1.3 ROLL CALL PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche (Mayor pro tern Cavecche was present at the 7:00 p.m. Session) 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Resolution presented to Ken Romero for eight years of service on the Planning Commission. Resolution presented to Paul Lobato of the Community Services Department upon his retirement from the City of Orange after 35 years of service. Resolution to Terry Quintard of the Community Services Department upon his retirement from the City of Orange after 35 years of service. NOTE: Terry Quintard was not present. The following employees received Service Awards Andy Romero - Police; Craig Brown - Police (not present); Michelle Chapman - Police (not present); David Jensen - Police; David Nichols - Police; David Orona - Police (not present); David Hoff ~ Fire (not present); Mike Wellins - Police Mayor Murphy announced an Orange resident, Rob Rohrn, has been chosen as a finalist to have an opportunity to bat against Baseball Pitcher Nolan Ryan, as part of a contest sponsored by Baby Ruth. He encouraged voting for Rob Rohrn on the web site www.babyruth.com; and wished Mr. Rohrn good luck in the contest. 2. PUBLIC COMMENTS - None. PAGE 1 CITY COUNCIL MINUTES July 22,2003 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 July 22, 2003 at Orange Civic Center City Clerk's Office, north facing kiosk, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park, and available on the City's Website www.cityoforange.org; 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 July 3, 8 and 10, 2003. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting of July 8, 2003. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.5 Receive and file the City Treasurer's Report for the period ending June 30, 2003. ACTION: Received and Filed. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.6 Renewal of the Agreement between Wittman Enterprises and the City of Orange for EMT Transportation Program billing services. (A2100.0 AGR-2599.B) SUMMARY: Wittman Enterprises is the current contractor for Fire Department EMT Transportation Program billing. Their job is to collect the fees and charges generated when Fire Department personnel treat and/or transport citizens to the hospital. The contract between Wittman and the City of Orange is due to expire August 31, 2003. The Fire Department is recommending renewal. PAGE 2 CITY COUNCIL MINUTES July 22,2003 3. CONSENT CALENDAR (Continued) Discussion Councilmember Ambriz commented on the importance of the Paramedic subscription service and the great job the Fire Department is doing. Mayor Murphy noted the Paramedic subscription service is $36 per year and supports the goals of the Paramedic program. MOTION - Ambriz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche ACTION: Authorized the Mayor and City Clerk to execute a Third Amendment Agreement for Billing Services on behalf of the City and Wittman extending the agreement for three years. FISCAL IMPACT: Funds have been budgeted in the following accounts to pay Wittman Enterprises: 125-3015-426700 - Other Professional and Contractual Services - $90,000. 100-3022-426700 - Other Professional and Contractual Services - $60,824. 3.7 Approval of Agreement to Fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies in the Newport Bay Watershed (Agreement No. D99-128). (A2100.0 AGR-4326) SUMMARY: The City of Orange requests approval of Agreement to Fund Nutrient Fecal Coliform and Toxics Total Maximum Daily Loan (TMDL) Studies in the Newport Bay Watershed (Agreement No. D99-128; herein the "Cooperative Agreement") between the County of Orange, the Orange County Flood Control District, the Irvine Ranch Water District (IRWD), The Irvine Company, and the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Santa Ana, and the City of Tustin (the "Watershed Cities"). ACTION: I) Approved the Cooperative Agreement and authorized the City Manager to execute on behalf of the City and to do any and all things necessary to implement the Cooperative Agreement. FISCAL IMP ACT: Under the agreement, the costs are $5,284 for FY 02-03 and $5,830 for FY 03-04. Funds are available in the Public Works operating budget in the Professional Services Account No. 220-5022-426700 in the amount of $11,114. PAGE 3 . - - r CITY COUNCIL MINUTES July 22,2003 3. CONSENT CALENDAR (Continued) 3.8 Settlement Agreement with Terra-Cal Construction, Inc. (A2100.0 AGR-3697.0.S) SUMMARY: The Settlement Agreement represents the settlement of a lawsuit brought by Terra-Cal Construction, Inc., against the City of Orange arising out of Terra-Cal's work as the general contractor for the restoration and upgrade of the City's central public square and circular Plaza at Glassell Street and Chapman Avenue and the construction of a new parking lot across the street from City Hall. ACTION: Approved the Settlement Agreement between the City of Orange and Terra- Cal Construction, Inc. and authorized the Mayor to execute, and City Clerk to attest, the Settlement Agreement for a total sum of$150,000. FISCAL IMPACT: Funds for this Settlement Agreement are available in the following account: 500-7021-485100-9875 General Fund Capital Projects - Plaza Area Improvements. (REMOVED AND HEARD SEPARATELY) 3.9 Agreement with the City of Orange Public Library Foundation concerning a fundraising opportunity during the 2003 International Street Faire. (A2100.0 AGR- 3580.A) SUMMARY: This Agreement would allow the non-profit Library Foundation to operate pay parking lots once again on three areas of designated City property during the International Street Faire. It also raises the per-stall or per-vehicle parking charge to $10.00 (from $7.00). This Agreement is new and supercedes the original Agreement 3580 enacted in 2000, which was already amended three times. In addition, this new Agreement is only between the City and the Library Foundation, as the Community Services Foundation (previously a co-signator) has chosen to pursue other fundraising opportunities. Discussion Councilmember Ambriz suggested the Library Foundation also be able to use the parking lot directly behind City Hall to operate as a pay parking lot during the Street Faire, and keep the lot behind the Finance building for use by City officials. Councilmember Coontz commented the parking lot behind Finance is used for City cars; and suggested City cars could be moved to the Corp Yard to allow more room for parking. Mayor Murphy noted the suggestion to use the additional parking lot be considered but that the final details be left to staff. The City Manager stated staff will work with the Library Foundation on this issue. PAGE 4 CITY COUNCIL MINUTES July 22, 2003 3. CONSENT CALENDAR (Continued) MOTION - Ambriz SECOND - Murphy AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche ACTION: Authorized Agreement with the City of Orange Public Library Foundation to operate pay parking lots at $10.00 per parking stall or per vehicle in three areas of designated City property during the 2003 International Street Faire. FISCAL IMP ACT: Because the Library Foundation will reimburse the City for staff costs (if any) associated with the use of the parking lots as a fundraiser, there is no fiscal impact. BIDS 3.10 Project No. S.P. 3420; AHRP Project - Garden Grove Blvd. Rehabilitation from The City Drive to Park Vine Street. Approval of plans and specifications and reqnest for authorization to advertise for bids. (S4000.S.7) Project No. S.P. 3421; AHRP Project - The City Drive Rehabilitation from Garden Grove Blvd. To 300' south of the 22 Freeway. Approval of plans and specifications and request for authorization to advertise for bids. SUMMARY: Plans and specifications have been completed for Garden Grove Blvd. Rehabilitation from The City Drive to Park Vine Street. The project is ready to be advertised. The estimated construction cost is $296,240. Plans and specifications have been completed for The City Drive Rehabilitation from Garden Grove Blvd. To 300' south of the 22 Freeway. The project is ready to be advertised. The estimated construction cost is $330,600. The two projects are being combined into one construction project for economies of scale and location benefits. ACTION: 1. Approved plans and specifications and authorize advertising for bids for the AHRP Garden Grove Blvd. Rehabilitation project. 2. Approved plans and specifications and authorized advertising for bids for the AHRP The City Drive Rehabilitation project. FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement Program in the following accounts: 1. Garden Grove Blvd. (SP-3420) 550-5011-483300-3223 FY 2003-04 272-5011-483300-3223 FY 2003-04 262-5011-483300-3223 FY 2003-04 Total $241,410 $120,705 $120.705 $482,820 AHRP Gas Tax 2105 MeasureM PAGE 5 CITY COUNCIL MINUTES July 22, 2003 3. CONSENT CALENDAR (Continued) 2. The City Drive (SP-3421) 550-5011-483300-3212 272-5011-483300-3212 262-5011-483300-3212 FY 2003-04 FY 2003-04 FY 2003-04 Total $165,316 $ 66,126 $ 99.190 $330,632 AHRP Gas Tax 2105 MeasureM 3.11 Project No. S.P. 3426; AHRP Project - Glassell Street Rehabilitation Phase 1 from Walnut Avenue to Mayfair Avenue. Approval of plans and specifications and request for authorization to advertise for bids. (S4000.S.7) SUMMARY: Plans and specifications have been completed for the Glassell Street Rehabilitation Phase I project from Walnut Avenue to Mayfair Avenue. The project is ready to be advertised. The estimated construction cost is $463,725.00. ACTION: Approve plans and specifications and authorize advertising for bids for the AHRP Glassell Street Rehabilitation Phase I project. FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement Program in the following accounts: 550-5011-483300-3224 FY 2003-04 272-5011-483300-3224 FY 2003-04 262-5011-483300-3224 FY 2003-04 Total $279,324 $122,960 $165,000 $567,284 AHRP Gas Tax MeasureM 3.12 CLAIMS SUMMARY: The following claim(s) have been received and investigated by the City Attorney's Office and/or the Risk Manager. After a thorough investigation with the involved departments, it is the recommendation of the City Attorney's Office that the claim( s) be denied. a. Stanley Ash b. Linda Lyons c. Southern California Edison d. Lydia M. Tercero ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.13 Contract Change Order No.1 to Hardy & Harper, Inc. for asphalt replacement at Wanda Collins facility, Orange, CA 92867, Bid No. 023-18 (A2100.0 AGR-4264) SUMMARY: In May of2003, the City entered into a contract with Hardy & Harper, Inc. for asphalt replacement at the Wanda Collins Water and Fire facility. Additional asphalt concrete and aggregate base are needed to complete the project due to unexpected soil conditions. PAGE 6 CITY COUNCIL MINUTES July 22, 2003 3. CONSENT CALENDAR (Continued) ACTION: Approved the Contract Change Order No. 1 in the amount of $7,258.91 to Hardy & Harper, Inc. for the additional materials. FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program for the Water Division and are available in the following account: 601-5021-481105-4997 $7,258.91 Municipal Parking Lot Maintenance DONATIONS 3.14 Accept donation from an Orange resident to the Fire Paramedic Program (C2500.H) SUMMARY: An Orange resident has donated a check in the amount of $648.07 to be used to support the Fire Department's Fire/Rescue program. ACTION: Amended the revenue budget 100-3022-293900 (Paramedic Donations) - $648.07 and appropriate funds to 100-3022-471301 (Paramedic Furniture, Machinery & Equipment) $648.07. FISCAL IMPACT: The $648.07 donation will augment the Fire/Rescue (Paramedic) budget. RESOLUTIONS 3.15 RESOLUTION NO. 9762 (C3300. CUP 2417-02) A Resolution of the City Council of the City of Orange denying Conditional Use Permit No. 2417-02 and Administrative Adjustment No. 03-4, which sought to allow the expansion of an existing facility for women and their children at 655 South Glassell Street - The Eli Home, Inc. Note: Counci1member Ambriz voted No. ACTION: Approved. VOTING DELEGATE 3.16 Designate Mayor pro tern Cavecche as voting delegate for the City of Orange at the 2003 League of California Cities Annual Conference, September 7 through 10,2003 in Sacramento. (No staffreuort required) ACTION: Approved. MOTION - Alvarez SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche PAGE 7 CITY COUNCIL MINUTES July 22, 2003 3. CONSENT CALENDAR (Continued) Items 3.6 and 3.9 were removed and heard separately. Councilmember Ambriz voted No on Item 3.15. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR MURPHY TAPE 800 4.1 Appointments to the Investment Advisory Committee and Design Review Committee. (OR1800.0.27.13) Mayor Murphy suggested the appointment of Eric Inglett to the Investment Advisory Committee, as his educational and professional experience would be a great asset to the Committee. MOTION - Murphy SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche Moved to appoint Eric Inglett to the Investment Advisory Committee 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept the resignation of Richard Yarger from the City Traffic Commission, effective August 7, 2003; and instruct the City Clerk to begin Maddy Act regulations. (OR1800.0.19) MOTION - Coontz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche Moved to accept, with regrets, the resignation of Richard Yarger from the City Traffic Commission, effective August 7, 2003, and instruct the City Clerk to begin Maddy Act regulations. 7. ADMINISTRATIVE REPORTS TAPE 870 7.1 Report from the Personnel Director - Salary adjustments required by the City of Orange Police Management Association Memorandum of Understanding effective June 29, 2003. (C2500.K) PAGE 8 CITY COUNCIL MINUTES July 22, 2003 7. ADMINISTRATIVE REPORTS (Continued) SUMMARY: Per the Memorandum of Understanding (MOD) between the City of Orange and the Orange Police Management Association (Resolution No. 9386), a salary increase is required to compensate each classification covered by this MOU at the survey median of eleven (II) pre- selected Orange County cities. The total cost for this salary adjustment for Fiscal Year 2003-04 is $168,000. Discussion Stephen Pharo, Personnel Director, explained this proposed salary increase will place Orange Police employees at the median of the market place and is important in order to retain good employees. In response to questions from Councilmember Alvarez, Mr. Pharo stated the cities surveyed were Anaheim, Brea, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Newport Beach, Santa Ana and Westminster; and Orange is competing with these cities, some smaller and some larger, for Police Officers Councilmember Alvarez stated it is important for Orange to be competitive and retain Police Officers. MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche ACTION: Authorized the Finance Department to implement salary increases retroactive to June 29, 2003. Additionally, authorized an appropriation in the amount of $164,680 from the unreserved General Fund balance and an additional $3,320 from the Fund 120 (Prop 172) unreserved fund balance to the appropriate Police Department salary accounts. FISCAL IMPACT: Adequate funds are available in the General Fund unreserved fund balance and Fund 120 (Prop 172) unreserved fund balance for the $168,000 appropriation. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS - None. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:20 p.m. to a Closed Session for the following purposes: a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 PAGE 9 CITY COUNCIL MINUTES July 22, 2003 11. RECESS TO CLOSED SESSION (Continued) 1) Property: 124-145 and 164-180 S. Water Street, Orange, CA Agency Negotiator: Linda Boone Negotiation Parties: City of Orange, Orange Redevelopment Agency and Orange County Fire Authority Under Negotiation: Price and terms of payment 2) Property: Various segments of Tustin Branch Trail City Negotiator: David Rudat, Gary Wann, Harry Thomas Negotiating Parties: City of Orange and Union Pacific Railroad Under Negotiation: Price and terms of payment, if any Note: Did not discuss b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): (1) Terra-Cal Construction, Inc. v. City of Orange, Orange County Superior Court Case No. 02CC11738. c. 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 Mary Ann Skorpanich, County of Orange, provided information on available grant funding for parks. Patrick Mitchell, 156 S. Citrus, encouraged the city to seek park funding opportunities; and spoke on the Santa Ana River Conservancy. Sue Craig, address on file, encouraged the city to seek funding and grant opportunities for parks and suggested the City hire a part-time grant writer. Tom Godley, Orange Unified School District, Assistant Superintendent, provided copies of communications from the District regarding 20 acres at the Sully Miller site for school purposes. Shirley Grindle, address on file, spoke on the Santa Ana Conservancy as it related to Santiago Creek. Jeanne Carter, Santa Ana, spoke on the need for more parks. Marilyn Ganahl, 7425 Lewis Dr., spoke on funding and grant sources for land acquisition for parks and submitted a letter from The Trust for Public Land. Bill Bouska, 270 N. Malena, spoke on the Master Plan of Park Facilities. David Piper, 6705 E. Oak Lane, spoke on the economic advantages parks bring to a city. PAGE 10 -,- CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS TAPE 2400 13.1 APPEAL NO. 492 - GENERAL PLAN AMENDMENT 1-01, ZONE CHANGE 1208-00, TENTATIVE TRACT MAP 15750, MINOR SITE PLAN REVIEW 249-02, VARIANCE 2113-02, FINAL ENVIRONMENTAL IMPACT REPORT 1647-00 FIELDSTONE COMMUNITIES, INC. (A4000.0 APP-492) Time set for public hearing to consider an appeal of the Planning Commission's denial of General Plan Amendment 1-01. The applicant is proposing to develop approximately 109 acres with 180 single-family residences. The proposal includes the dedication of six acres for a public park and dedicating for permanent open space 40 acres for the preservation of the Santiago Creek Channel. The subject site is located north of Santiago Canyon Road, east of Cannon Avenue, south of the Mabury Ranch Community, and west of Santiago Oaks Regional Park and the Reserve development. To implement the proposal the applicant has applied for the following: General Plan Amendment 1-01 proposes to change 44 acres from Resource Area (RA) to Open-Space OS and 53 acres from RA to Low-Density Residential, 2 to 6 dwelling units per acre (LDR), and to delete portions of the subject site from the Orange Park Acres Plan and East Orange General Plan. Zone Change 1208-00 proposes to change 44 acres from Sand and Gravel (SG) to Recreation - Open-Space (R-O), 6 acres from SG to R-I-20 (Residential, single-family, minimum lot size 20,000 sq. ft.), 26 acres from SG to R-I-8 (Residential, single-family, minimum lot size 8,000 sq. ft.), and 21 acres from SG to R-I-6 (Residential, single-family, minimum lot size 6, 000 sq. ft.). Tentative Tract Map 15750 proposes to subdivide the subject site into lots for the development of single-family residences and the dedication of permanent open space. Minor Site Plan Review 249-02 proposes to subdivide the subject site into lots without direct access from a public street. Variance 2113-02 requests a waiver of development standards for the creation of one residential lot that does not comply with the minimum development standards contained in the City's Zoning Ordinance. Note: Final Environmental Impact Report 1647-00 was prepared to evaluate the environmental impacts of developing the subject site. Staff Report Alice Angus, Community Development Director, reviewed the site plan, pointing out lot sizes, park acreage, trails and bridge placement over Santiago Creek; and reviewed a proposed alternative to the project which provides a private horse stable facility and changes lot sizes and the number oflots from 180 to 183. PAGE 11 CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) The following key issues of the proposal were reviewed by the Community Development Director: Safety - this property is adjacent to a former land fill site, currently owned by the County Integrated Waste Management Agency. Concern has been expressed about landfill gas migration. The County's local enforcement agency, who is responsible for monitoring and remediation plans for former landfill sites, is confident that the proposed mitigation measures adequately protect the project from any potential impacts from landfill gas migration. One of the mitigation measures requires that monitoring devices be placed on the Fieldstone property within a 1000 foot buffer zone; but is not specific about who performs the monitoring, which is something that would have to be determined. Flood Control- there has been concern with the treatment of the channel and whether the area is currently within a flood plain and also concern with flood control improvements and dam inundation as this is downstream from Villa Park Dam. FEMA has submitted a letter making revisions to the flood map, indicating the residential development is not within the 100 year flood plain. Regarding flood protection facilities, the City has been insistent that creek maintenance for flood control is not the responsibility of the City or the homeowners association. Therefore, the developer has worked with the County to develop a design that met the City's criteria of having a natural look and also meets the County's criteria to provide adequate protection to both sides of the creek and can also be maintained. Dam Inundation -- environmental documents recognize that if there is a catastrophic dam failure there could be inundation of this area. In recognizing that, the General Plan does not prohibit development downstream from dams, but looks at emergency evacuation procedures. The dam is not used as a reservoir, but used for flood control purposes, in that there are controlled releases from the dam. The map for dam inundation is up to date and accurate. Truck Traffic -- Staff recognizes that Mabury Street is not a truck route and reached an agreement with the developer to use the creek bridge for heavy construction for the development north of the creek. The only truck traffic from the north will be in the initial stages of bridge construction. Trail System - the project proposes a trail system that complies with the Master Plan of Recreational Trails except there is not a grade separated crossing at Santiago Canyon Road. The applicant is proposing that there be an at-grade crossing at the major intersection into the development for equestrian traffic and is reserving a lot that could accommodate a grade separated crossing on the north side of Santiago Canyon, but is not proposing to build that crossmg. Public Park / Open Space - the applicant is proposing 40 acres of open space and a treatment for the creek to keep it as natural as possible; and is dedicating a six acre public park. The original park improvements included basic landscaping with a small parking lot and restroom facilities; but the applicant may now be willing to offer more funding for park improvements. PAGE 12 - ----------1" CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) Council Questions TAPE 3170 In response to a request by Councilmember Coontz, Ms. Angus reviewed some of the major documents and their corresponding attachment numbers provided in the Council packet. Councilmember Coontz asked about the Villa Park Dam. This issue dates back to the 1970s. She asked for clarification on the requirements for the construction and operation of dams and a clarification of a catastrophic situation. Harry Thomas, Public Works Director, stated the Villa Park Dam was built in the 1970s, in response to the flood damage in 1969, and was intended to deal with flooding by regulating the flow of the creek. This is a rolled earth dam with a spillway and a tunnel and is highly resistant to earthquakes. The peak runoff is regulated and it also has a spillway so if the water level rises behind the dam it can be discharged through the spillway. It is designed for a maximum event with a level of flood protection for a 100 year flood according to the FEMA standards. There is always some risk associated with any man-made structure, but the risk is low. The inundation map is not intended to be used as a land use device, but outlines evacuation procedures; and, in fact, the area of inundation from the Villa Park Dam covers a fairly extensive portion of Orange, particularly east of the SR-55 Freeway. The design level is up to current standards and these dams do come under the jurisdiction of the State Department of Water Resources, Division of Dam Safety, for inspections. Because it is operated as a flood control facility and not a water supply facility, the water level behind the dam is kept quite low. Mayor pro tern Cavecche asked about the monitoring of the methane after the development is built and clarified there was a mitigation measure for vector control on the bioswales. Ms. Angus stated the methane monitoring has not been determined and is still being discussed. Mayor pro tern Cavecche asked about the creek and if there would be some sections of the trail that are not going to be protected by the revetment wall and if there is erosion of the creek back to the revetment walls, what agency is responsible for re-establishing the dirt and plants. Ms. Angus stated the County is responsible for maintenance of the flood control facility, but does acknowledge that ifthere is a storm that washes away the dirt and the plants within the area of those buried revetment walls, such that the walls are no longer buried, the County is not responsible for reestablishing the dirt and vegetation. She outlined the proposed trails, indicating the area where there is no protection by the revetment; but that area is not a required trail on the Master Plan of Recreational Trails. In response to questions by Mayor pro tern Cavecche, Ms. Angus further outlined the various agencies that would need to give final approval for this development, some of which include Vector Control, the Local Enforcement Agency, Fish and Game Department, Army Corps of Engineers, Regional Water Quality and Air Quality Control Board. Mayor pro tern Cavecche asked about the northeast silt pond and how remediation, grading and stabilization is handled. PAGE 13 CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) Ms. Angus stated there is a proposal to remove all the silt on the Fieldstone side and do a sloped revetment wall and toe it in. The developer has not submitted precise plans to the County, so the City is still waiting for County approvals on the exact plan. Mayor pro tern Cavecche asked about the water quality management plan for the project. She also asked about how the bioswale system works and if there are bioswales north of the creek; and asked for clarification if the storm drain system runs into the creek. Harry Thomas, Public Works Director, stated the City Council recently modified the grading ordinance to require compliance with the NPDES permits and documents, and a water quality management plan would be required as part of this. There is a storm water pollution prevention plan to cover construction activities and a water quality management plan that would have a program of post construction, best management practices and the monitoring requirements related to those and the responsibility for performing those activities. There is no water quality management plan in place at this time With regard to the bioswales, the applicant will review the details, but a basic concept of bioswales is to collect surface runoff before it gets into the storm drain system. For the bioswales to be effective, there is about 72 hours of detention required, so there has to be enough area available to achieve that detention, which limits the amount of water that can be accommodated. There is no engineering plan for the bioswales at this time - it will be part of the grading plan submittal. He also stated the storm drain system would discharge into the creek. TAPE 4070 Councilmember Alvarez asked ifthere was a potential for the walls to change once the developer and County agree on how the flow of water will be mitigated. Ms. Angus stated FEMA has analyzed all the data and is comfortable that the area of the 100 year flood plain no longer encompasses the proposed residential area. FEMA would not be involved with flood control improvements, but rather Orange County Flood Control would. It is possible there could be changes to the precise wall placement. The developer has come up with a preliminary design, but things could change, and those plans need to get approval and comply with the Orange County Flood Control District. Things may get changed a little, but the basic design is one that the Flood Control District says works. Councilmember Alvarez asked about the different wall treatments down the creek, from crib walls to a more channelized creek, and if there could have been other alternatives other than a revetment wall to be more environmentally friendly. Ms. Angus agreed there are various creek treatments throughout the City. The Orange County Flood Control District is concerned with moving water down the creek and easy maintenance, but the City can provide input to have something that creates a more natural feel and negotiate something that is adequate but also deals with aesthetics. Councilmember Alvarez asked how FEMA and Orange County Flood Control notify the City that all conditions have been satisfied. PAGE 14 r-- CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) Ms. Angus stated the County will be taking over ownership of the part of the creek in the flood control area, so the County will need to sign off before a final map is approved. The City has made it clear that there needs to be a design that the Orange County Flood Control District will accept and take ownership of. Councilmember Alvarez asked about the proposed finish grade south of the creek. Because the bioswales are located along the southern part of the creek, as they begin to catch runoff water, he asked if the technology prevents it from going into the old dump site; and asked how a trench serves as a bioswale, where they are located and are the bioswales a separate function. He wanted to ensure there would not be seepage to the revetment wall or towards the old dump or back to the homes. Ms. Angus stated this has not been engineered yet, but there are requirements in place. She described the bioswales as a grassy swale in a depressed area so that the nitrates and other pollutants are absorbed and cleansed by the plants. The bioswales are located between the homes and the revetment wall. Mr. Thomas described the basic function of the bioswales. There is percolation into the groundwater basin, which is a downward movement, and there will be some runoff from those swales since there is a detention period. There would still be some runoff eventually reaching the storm drain system or the creek. But because of the detention time, that water is filtered through the plant material, before it runs into the storm drain system or the creek. Councilmember Alvarez asked if the creek will be accessible to the general public. Ms. Angus stated the trails running along the creek do provide some access to the creek; and although nothing precludes access into the creek, it would not be proposed or encouraged from an environmental standpoint. Councilmember Alvarez asked about the grading south of the creek and the flow of the sewer lines. Ms. Angus stated the sewer line comes out to Santiago Canyon Road and there is enough elevation for gravity feed because it is buried so deep; and there is no pump station proposed. Councilmember Alvarez asked about the history of the dump site, and how far out the gas mitigation measures will be. Ms. Angus stated the mitigation measures refer to a 1000 foot boundary from the existing land fill site; and the venting system is working to reduce the gas levels down to acceptable levels. Mr. Thomas stated this was a County landfill which accepted inert and organic materials, with no hazardous waste. The gas migration problem is due to decomposition of the organic material, which generates methane gas. The typical way to deal with this is a monitoring system to identify any movement and then a gas extractions system. PAGE 15 CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) TAPE 4720 In response to questions by Councilmember Ambriz, Mr. Thomas indicated this landfill was similar to that at Y orba Park. Councilmember Ambriz asked about the monitoring and if there was an agreement in place for monitoring or ifthis is automatically done. Ms. Angus stated there is not a signed agreement at this time, but staff is working on specific language for a condition. If a private engineering firm were to do the monitoring, the applicant would pay for that with an agreement in place. Councilmember Ambriz asked about the revetment walls and the fact that the Orange County Flood Control District has to approve this. He noted it has been said that if the walls are designed as proposed, the County would be willing to take on responsibility. However, what about the responsibility if the walls are not designed as proposed. Ms. Angus stated the amount of protection and the type of protection was acceptable to the County, if done as proposed. There are some areas where other walls are proposed and it's an engineering decision as to what fits and allows the least amount of disruption to the channel. That is the area of negation and the City is looking at the least disruption to the channel. TAPE 4890 Councilmember Coontz stated the City has learned a lot about what it wants for creeks; and has moved up environmentally and aesthetically. For the project off of Tustin, where the old golf course was, it was the City who made the requirement to make the creek as part of the project. The City had to work with a nnmber of agencies for that project off of Tustin. The request of the City engendered a whole host of activities. She is very interested in Santiago Creek and the trails and there are now many more agencies with their requirements but the City now has an idea of what it wants. Ms. Angus spoke on the wall treatment and the aesthetics of the treatment. While the City does not have an adopted plan, the direction to the developer is that the City wants a natural looking creek and not cleared of vegetation, but provides flood protection and facilities as part of that flood protection system that Orange County Flood Control would be willing to take over. There is a condition of approval that stipulates that the developer needs to give the City a plan that has been approved by the Flood Control District and an irrevocable offer from the Flood Control District to take over that improvement. This is a slow process with the agencies. Applicant Presentation TAPE 5050 Steve Cameron, Fieldstone, provided a power point presentation, submitting copies of the presentation; and introduced their team of consultants. Mr. Cameron, in response to questions from Councilmember Alvarez, stated the project does sewer into Santiago Canyon Road. Even though the elevation is higher, no pump is required because it is buried so deep. PAGE 16 --------------------.----~.T"'""" CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) Mr. Cameron reviewed the alternative plan, which is their preferred plan, which increases the number of lots from 180 to 183, deletes the nine one-acre lots and provides one professionally managed horse stable rather than nine privately owned stables. He spoke on the issue of SMARA, the Surface Mining and Reclamation Act of 1975, and whether it pertains to this property. It has been determined by the State and City Attorney that SMARA does not apply to this property. He reviewed the existing and proposed land uses and zoning for the property and reviewed the Mabury portion of the proposal, which is north of the creek. The average lot size north of the creek is approximately 12,000 square feet, although it is zoned R-1-8. They have made considerable revisions to the plan in response to neighborhood concerns, have lowered the grade 10 to 12 feet below Mabury and are proposing single family homes adjacent to Mabury. He also reviewed the stable site and amenities, which is 100 yards away from the adjacent development and at a lower grade. He reviewed the proposed 2.5 mile trail system, which is in excess of what is required in the Master Plan of Recreational Trails. He also explained it is their intent to leave the creek as a natural space with access to the public. He addressed a concern about what control the City has to make sure that the Flood Control District is satisfied with the revetment wall. There is a condition of approval that says the City will not issue a grading permit until the City has received approved plans from the Flood Control District. Councilmember Alvarez asked about the technology and construction of the bioswales, the revetment wall and how the trails fit in with that. Patti Sexton, Tetra Tech Engineering, reviewed the flood plain maps indicating FEMA has updated the maps which indicate the proposed improvements are outside of the 100 year flood plain area. She reviewed the dam inundation areas, indicating the dam inundation plan is to enable emergency services personnel to identify potential evacuation routes in the event of a potential dam failure and not intended to serve as a land use or zoning instrument. Ms. Sexton reviewed water quality issues and water runoff management plan. She explained the purpose of the bioswales is to treat water, both the low flow runoff and the first flush of a storm. The intent is to put the dirtiest part of the water into the swale. The water goes through the grassy swale which acts like a filter before it goes into the storm drain. The developer will be working with the storm drainage plan and make sure the size of the swales meets current regulations. The swale focuses on filtering rather than percolating. As the water passes through the swale, the pollutants are either taken out by the grass or they get stuck to the grass. It is not a seepage issue but more of a flowing through the grassy swale before it gets into the storm drain and then the storm drain takes the cleaned up water to the creek. PAGE 17 CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) Ms. Sexton reviewed the erosion protection plan and alternatives for the creek. They chose what was the most environmentally sensitive and something that would preserve the existing habitat and keep it natural looking. Mayor pro tern Cavecche asked for clarification on how the water swales will work in this particular development, how the water will get from the street into the swales when there is a line of houses in the way. Ms. Sexton explained a lot of the details of the final drainage system are not worked out, but the basic concept is that the water goes along the street and there are certain places where the water is pulled into the swales before it gets into the storm drain. There are storm drain easements where water can be directed through. TAPE TWO Councilmember Coontz noted a more detailed map will need to be provided since this has not been engineered. John Sepich, Methane Specialists Corporation, reviewed the issues relating to the land fill. The proposed mitigation measures have been reviewed by the County Health Care Agency who has determined the measures would address public safety hazards. He reviewed the landfill gas extraction system on the landfill site, indicating that Fieldstone is proposing installation of an underground passive gas venting system below the recompacted soil which is over and above normal requirements. The proposed homes within 1000 feet of the landfill will be protected by a three-step process - the county's existing extraction system, the passive extraction system built by Fieldstone and a liner under the slab of all structures within 1000 feet. He noted there are proposed measures which equal or exceed County requirements, and this project will be safe from methane gas. Mr. Steve Cameron reviewed the acoustical analysis. There will be a six foot berm and six foot wall along Santiago Canyon, which will also wrap around the entrance, reducing noise levels to the homes near Santiago Canyon. In response to Council questions, he noted the proposed trail will be between the road and the berm. Mr. Cameron reviewed the fiscal impact analysis, indicating the proposal will generate revenue for the City. He then reviewed the proposed park improvements which include a baseball field, soccer field, tot lot area, picnic areas, a restroom building and parking lot. He stated they have been in discussions with staff, and they will agree to fund the City's improvement of this proposed park up to $2.1 million with the issuance of a Community Facilities District on this project. This would allow the park to be built by the City right away; and is in addition to the information provided to the Council. He reviewed regional open space, indicating this development is a very small parcel compared with the 55,000 acres of nearby open space; noting that development is the economic engine that drives the benefit of parks. PAGE 18 CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) Mr. Cameron stated they have spoken with the School District. The School District has done a Needs Analysis and determined this site may be a good site for a middle school. Mr. Cameron indicated, however, that the School District needs to determine if this is even a suitable site for a school. Councilmember Alvarez stated the School District has made it clear what they are interested in regarding this site, and asked Mr. Cameron if they have entertained options in their discussions with the School District. Mr. Cameron stated they have had discussions with the School District, and will probably have more, and will be talking with them about a lot of different solutions. But the School District needs to first determine if this is a suitable site for a school, from a lot of different aspects. But they will work with the School District. David DeBerry, City Attorney, stated the needs of the School District is not an issue that is before the Council and not relevant to this discussion. MAYOR MURPHY OPENED THE PUBLIC HEARING The following people spoke in favor of the Appeal. Their concerns included: growth in Orange County requires additional housing supply; the developer has done everything to meet mitigation concerns; Mabury Homeowners Association does not represent all Mabury Ranch residents; this development will add to property values in the area; this is a better use of the property than the existing sand and gravel operation; the developer will take steps to remediate the landfill; this is not a suitable school site; a proposed signal at the entrance to the development will slow down traffic on Santiago Canyon Road; and the developer is donating six acres for a park and is including an equestrian center and trails. . Mike Balsamo, 17744 Skypark Circle, Irvine, representing Building Industry Association . Bob Walters, 3400 Westridge . William McCullugh, P. O. Box 4116, Long Beach, representing Sully Miller Land Company . Richard McFarlane, 1982 N. Mammoth Circle . Pam Rosenbery, 1634 River Birch . Tom Davidson, address on file . Marty Poort, address on file, submitted petition containing approximately 336 signatures in support of the Appeal. . Vince Feragamo, address on file, The following people spoke in opposition to the Appeal. Their concerns included: public safety and health risks are at stake with adjacent landfill and dam inundation; the site has been designated for years as open space; the financial study is flawed; there is a need for more open space; the flood level at this point is 17 to 20 feet; adjacent landfill will create leakage problems, methane migration problems will require constant monitoring; 6,000 square foot lots are too small for that area; if the project is approved, suggestions were made to straighten Santiago Canyon Road, provide a buffer zone between Mabury and the development, preserve PAGE 19 CITY COUNCIL MINUTES July 22, 2003 13. PUBLIC HEARINGS (Continued) and protect the existing trees along Mabury, provide replacement trees with at least 24" box trees and the homes north of the creek should all be single story. . Dan Slater, 278 N. Pine St. presented a conceptual plan for a park. . Phil Arst, address on file, will mail in financial study . Mike Spurgeon, address on file, submitted list of conditions if project were approved. . Jim Obermayer, 6219 E. Shenandoah, Chairman, Mabury Homeowners Association . Susan Obermayer, President, Mabury Homeowners Assoc. . Shirley Grindle, address on file, . Allen Danzig, 946 N. Capistrano . Arlen Craig, address on file . Nick Terpstra, Jamestown Way David DeBerry, City Attorney, pointed out that while the public may encourage the use of the property for a park, this is not relevant to this hearing and can not be discussed unless the City is willing to buy the property for a park. The following people spoke on a neutral position. . Torn Anderson, address on file, President of the Equestrian Coalition of Orange County - submitted letter to Council. . Rick Ledesma, 129 S. Swidler Place, Orange Unified School District Board Member, discussed the 20 acres and requested Council to direct staff to work with District officials to achieve a school site on this property. Mayor Murphy suggested the public hearing be continued because of the late hour. He announced that he still had approximately 40 to 45 cards from people wishing to speak on this item and everybody who had submitted a card will have an opportunity to speak at the next meeting. Those cards will be completed and the public hearing will be closed from there. With the consensus of the Council, the public hearing was continued to August 12, 2003 at 7:00 p.m. The public hearing remains open. 14. PLANNING AND ENVIRONMENT - None. 15. ADJOURNMENT MOTION - Alvarez SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche The City Council adjourned at 11 :05 p.m. 2003. ~f(f<:~(tic#-~< ~t' CA ANDRA. ATHCART, CM CITY CLERK The next Regular Council meeting is August 12, ttr(l ~JJ'l:il:HY MAY R PAGE 20