8/12/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 26, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 12,2003
The City Council of the City of Orange, California convened on August 12, 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 Dr. Carol Edwards, Christian Science Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
Councilmember Coontz spoke on the benefits of the Orange High School Marine Corps
Junior ROTC program. Because of such great interest in the program, there has been an
increased enrollment; and in order to accommodate the instructional costs of the
increased enrollment, $9,000 is needed, with $6,000 raised so far. She stated donations
can be sent to the Orange Unified School District Superintendent at 1401 N. Handy in
Orange. Checks can be made out to the Orange High Marine Corps Junior ROTC; and
she has volunteered to take checks to the District Office or to answer any questions.
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 the City
Council Agenda of a Regular Meeting of August 12, 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.
PAGE 1
CITY COUNCIL MINUTES
August 12, 2003
3. CONSENT CALENDAR (Continued)
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 17, 22, 24, 31, 2003.
ACTION: Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of July 22, 2003.
Note: Mayor pro tern Cavecche abstained on this item.
ACTION: Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and the County of Orange for use of the
Sherifrs Department Training Facility and Shooting Range. (A2100.0 AGR-4337)
SUMMARY: The Police Department currently uses the facilities at Evans Gunsmithing
and Shooters World (EGSW) for firearms training and qualifications. EGSW, a public
facility, recently relocated to a smaller facility thus limiting training opportunities. The
Orange County Sheriffs Department recently opened a state-of-the-art firing range
designed for and limited to police personnel. The Department would like to enter into a
contract with the County of Orange for use of the Sheriffs facility for firearms training.
ACTION: Approved the Agreement between the City of Orange and the County of
Orange in an amount not to exceed $30,000 for fiscal year 03-04; and authorized the
Mayor and the City Clerk to execute the Agreement on behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted in account number 100-4011-
445400 (Administration-Armnunition).
3.6 First Amendment to Consultant Services Agreement No. 4141 with Carollo
Engineers for professional engineering services for the Vulnerability Assessment
Study for the drinking water system for the City of Orange. (A2100.0 AGR-4141.1)
SUMMARY: This contract amendment is for extra services performed by Carollo
Engineers for professional engineering services rendered for and during the Vulnerability
Assessment Study for the city's drinking water system.
ACTION: (1) Appropriated $3,016.11 from Water Capital Fund 601 Unappropriated
Reserves into Account No. 600-8011-426200-8100 (Vulnerability Assessment Study).
(2) Approved the First Amendment to Consultant Services Agreement No. 4141 with
Carollo Engineers for $3,016.11 and authorized the City Manager to execute on behalf of
the City.
PAGE 2
-----,
CITY COUNCIL MINUTES
August 12,2003
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Grant Funds (Grant No. HS-82995801-0) of $115,000 have been
awarded to the City by the USEP A specifically for this project. The City is being
reimbursed for contracted costs for the development of the Vulnerability Assessment
Study.
3.7 Cooperative Agreement between the City of Orange and the County of Orange for
pavement rehabilitation of Chapman Avenue from Loretta Drive to Hewes Street.
(A2100.0 AGR-4338)
SUMMARY: The Cooperative Agreement between the City of Orange and the County of
Orange establishes the funding and respective responsibilities of each agency for the
rehabilitation of Chapman Avenue.
ACTION: 1. Approved the Cooperative Agreement and authorized the Mayor and City
Clerk to execute on behalf of the City. 2. Appropriated $88,300.00 to Account No. 550-
5011-483300-3211 and amended the revenue budget to reflect the receipt of the grant
proceeds into account No. 550-5011-264600-3211.
FISCAL IMP ACT: Upon appropriation funds will be available in the following account:
550-5011-483300-3211 $88,300 AHRP - Chapman Avenue
3.8 A consultant services agreement with Hogle Ireland, Inc. a private planning
consulting firm, to provide work in the areas of current and advance planning and
environmental review related to development proposals for East Orange and
Santiago Hills II by The Irvine Company. (A2100.0 AGR-4339)
SUMMARY: This item relates to the filling of a contract planner position which was
previously approved by the City Council. In January, 2003, the City Council approved a
consulting services agreement with Civic Solutions, Inc. to provide two contract planners
to assist City staff in coordinating the review of the development proposals and
applications for East Orange and Santiago Hills II.
Rather than fill both positions through Civic Solutions, staff is seeking authority to retain
one of the positions through Hogle Ireland. With the exception of using a different
consulting firm, all other details regarding this contract staffing issue will remain the
same. Note that staff is not seeking to increase the number of contract planners, the
proposal is merely to use an alternative consulting firm to provide the services. The City
has used Hogle Ireland to provide contract staffing in the past and that firm currently
provides a contract planner for the Chapman University development proposal.
ACTION: Approved and authorized the Mayor and City Clerk to execute a consultant
services agreement with Hogle Ireland, Inc. for a contract planner to work on Santiago
Hills II and East Orange. The contract amount is not to exceed $175,000.00.
FISCAL IMP ACT: None. The cost of the contract planner would be paid for bv the
applicant, The Irvine Companv.
PAGE 3
T
CITY COUNCIL MINUTES
August 12,2003
3. CONSENT CALENDAR (Continued)
BIDS
TAPE 200
(REMOVED AND HEARD SEPARATELY)
3.9 Project No. S.P. 3430; AHRP Project - Chapman Avenue Rehabilitation from
Loretta Drive to Hewes Street. Approval of plans and specifications, and request
for authorization to advertise. (C2500.M)
SUMMARY: Plans and specifications have been completed for the Chapman Avenue
Rehabilitation. The proj ect is ready to be advertised. The estimated construction cost is
$1,200,000.
Discussion
Roy Shebazian, address on file, suggested the outside lanes be widened on this project to
accommodate the bicycling community.
Mr. Harry Thomas, Public Works Director, stated this is only a replacement of the
pavement and the lane width will remain the same.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved plans and specifications and authorized advertising for bids for the
Chapman Avenue Rehabilitation project.
FISCAL IMPACT: Funds will be available upon appropriation in the following accounts:
550-5011-483300-3211
272-5011-483300-3211
550-5011-483300-3211
Total
$ 696,450.00
693,908.00
88.300.00
$1,478,658.00
AHRP
Gas Tax
County of Orange
3.10 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. Pat Kelly
b. Luis Godinez Velasco
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PAGE 4
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
CONTRACTS
August 12,2003
(REMOVED AND HEARD SEPARATELY)
3.11 Award of Construction Contract for Project No. S.P. 3097; Chapman Avenue
Widening from Bitterbush Street to Main Street, Bid No. 023-40. (A2100.0 AGR-
4340)
SUMMARY: The bids were opened on July 17, 2003. Seven (7) bidders responded to
the request for public bids. The apparent low bidder is R.J. Noble Company.
Discussion
Roy Shebazian, address on file, suggested the outside lanes be widened on this project to
accommodate the bicycling community.
Mr. Harry Thomas, Public Works Director, stated because of existing restrictions, no
additional lane width can be accommodated.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Awarded the contract in the amount of$2,4l8,676.50 to R.J. Noble Company,
15505 E. Lincoln Avenue, Orange, CA 92856.
FISCAL IMP ACT: Funds are budgeted and are available in the following accounts:
550-5011-483300-4038
272-5011-483300-4038
271-5011-483300-4038
284-5011-483300-4038
934-9800-483300-4038
940-9800-483300-4038
601-8041-484501-8423
Total
$912,715
$ 44,567
$350,000
$548,362
$821,036
$150,000
$175,300
$3,001,980
MPAH
Gas Tax
Special Gas Tax-Const
TSIP Area "B"
Northwest Project Area
Merged Capital Projects
Water Capital Projects
3.12 Final Acceptance of Bid No. 023-32; SP 3434 - ADA Wheelchair Access Ramps at
Various Locations 2002-03 and authorization to file Notice of Completion with the
County Recorder (No staff report reauired). (A2100.0 AGR-3682.B)
SUMMARY: Bid No. 023-32; SP 3434 - ADA Wheelchair Access Ramps at Various
Locations 2002-03. Contractor: Ranco Corporation. Staff recommends acceptance of
improvements.
PAGE 5
CITY COUNCIL MINUTES
August 12, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvement, authorized release of American
Motorists Insurance Company of Illinois, Bond No. SU5001124 in the amount of
$130,800.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
3.13 Award of Contract - Bid No. 034-03; Project No. SP-3286; Santiago Creek Bike
Trail from City of OrangelCity of Santa Ana Boundary line to Tustin Street.
(A2100.0 AGR-4341)
SUMMARY: The bids were opened on July 17, 2003. Two (2) bidders responded to the
invitation for bids. The apparent low bidder is TMT Development Co., Inc. (TK
Engineering Co.) of Los Angeles for $352,806.25. The Engineer's Estimate is
$546,720.00, which is 54.96% higher than the low bid.
ACTION: 1) Awarded the contract in the amount of $352,806.25 to TMT Development
Co., Inc. (TK Engineering Co.) and authorized the Mayor and City Clerk to execute on
behalf of the City. 2) Appropriated funds for the Growth Management Area (GMA 3) as
follows: 550-5011-486700-6099 $75,000 Santiago Creek Bike Trail
FISCAL IMP ACT: Funds are budgeted and will be available upon appropriation in the
following accounts:
550-5011-486700-6099
245-5011-486700-6099
Total
$621,508.00
88.410.00
$709,918.00
Reimbursable Capital Projects (Grants)
AB2766 Air Pollution Reduction
DONATIONS
3.14 Donation ofsurplus police vehicle. (C2500.K)
SUMMARY: The Police Department has a surplus patrol vehicle, Unit 1117, which is
ready to be retired. The Department would like to donate the vehicle to the Golden West
College Police Academy for use during field problem exercises.
ACTION: Authorized the donation of police patrol unit 1117 to Golden West College
Police Academy.
FISCAL IMPACT: None.
FACILITIES
3.15 Request to open and use the Main Library and its parking lot on Thursday evening,
September 25, 2003, for au Orange Community Historical Society meeting hosted
by the City of Orange Public Library Foundation to launch Orange Public
Library's "Historic Orange Preservation Online" website. (C2500.I)
PAGE 6
CITY COUNCIL MINUTES
August 12,2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Library staff and the City of Orange Public Library Foundation ("Library
Foundation") seek City Council authorization to open and use the Main Library and its
parking lot from 7:30 to 9:00 p.m. on Thursday, September 25, 2003. This would be for
a public meeting of the Orange Community Historical Society, to launch Orange Public
Library's "Historic Orange Preservation Online" website; to display historic photos,
documents, and other artifacts of local history; and to promote the Library Foundation's
Main Library expansion campaign. Light refreshments will be served.
ACTION: Approved request to allow use of the Main Library and its parking lot from
7:30-9:00 p.m. on Thursday, September 25, 2003, for a public meeting of the Orange
Community Historical Society.
FISCAL IMPACT: The cost of 1.5 hours' electrical power usage at the Main Library is
the only direct fiscal impact involved. Indirectly, a few staff members - e.g., the Library
Director and Local History work team - will adjust their work schedules so they can be
present that evening; no overtime will be charged. No library supplies are involved.
FEE WAIVER
3.16 Request for Senior Citizens Center fee to be waived. (ORI800.0.60)
SUMMARY: The Orange International Street Fair (OlSF) Committee submitted a
facility use permit for the Senior Citizens Center for its annual kick-off dinner on
Wednesday, August 27, 2003 from 5:00 p.m. to 9:00 p.m. The Committee is requesting a
fee waiver in the amount of $500 for use of the facility.
Note: Councilmember Ambriz indicated the correct date for the dinner was wrong in the
Staff Report.
ACTION: Approved the fee waiver in the amount of$500 for use of the Senior Citizens
Center by the Orange International Street Fair Committee.
FISCAL IMP ACT: The waiver of the rental fees for the Senior Citizens Center would
result in the loss of $500 in revenue.
PURCHASES
3.17 Purchase of print and non-print materials for Orange Public Library facilities from
Baker & Taylor, Inc., in the amount of $100,000. (C2500.I)
SUMMARY: This is a request that the City Council authorize a $100,000 purchase order
with Baker & Taylor, Inc., for print and non-print materials (i.e., books, videos, compact
disks, computer software, etc.) for the Main Library and the Taft and El Modena Branch
Libraries.
PAGE 7
CITY COUNCIL MINUTES
August 12, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Authorized purchase of print and non-print materials for Orange Public
Library facilities from Baker & Taylor, Inc., in the amount of $100,000.
FISCAL IMPACT: Sufficient funds exist in the following account:
100-2001-443101-0000 - Library Books $100,000
3.18 Purchase of print and electronic periodical subscription services for Orange Public
Library facilities from Ebsco Subscription Services, in the amount of $35,000.
(C2500.I)
SUMMARY: This is a request that the City Council authorize a $35,000 purchase order
with Ebsco Subscription Services for print and electronic periodical subscription services
for the Main Library and the Taft and El Modena Branch Libraries.
ACTION: Authorized purchase of print and electronic periodical subscriptions for
Orange Public Library facilities from Ebsco Subscription Services, in the amount of
$35,000.
FISCAL IMP ACT: Sufficient funds exist in the following accounts:
100-2001-443101-0000 - Library Books - $11,500
100-2001-443101-9320 - Electronic Resources - $23,500
RESOLUTIONS
3.19 RESOLUTION NO. 9764 (C2500.M)
A Resolution of the City Council of the City of Orange approving and adopting the Final
Disadvantaged Business Enterprise (DBE) Program and Established Overall Annual DBE
Goal of 10% for Federal Fiscal Year 2003-04.
ACTION: Approved.
3.20 RESOLUTION NO. 9766 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to Helga
Irene Johnson of the Police Department and commending her for more than twenty-eight
years of loyal and dedicated service.
ACTION: Approved.
SPECIAL EVENTS
3.21 Request for the temporary closure of the municipal parking lot at 170 S. Olive St.
(adjacent to the Senior Center), on Sunday, September 21, 2003 for a special event.
(ORI800.0.21)
SUMMARY: Orange Elderly Services is requesting the temporary closure of the
Municipal Parking Lot (Lot No. F), on the east side of the block adjacent to their
building, to hold a fund raising Motorcycle Poker Run event. The parking lot will be
used to act as a staging area for the motorcycle rally.
PAGE 8
CITY COUNCIL MINUTES
August 12, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
FISCAL IMPACT: None
TRACT MAP
3.22 Tract Map No. 16443 - Request for approval. (T4000.0 TRT 16443)
SUMMARY: Tract Map No. 16443 creates one lot for condominium purposes at 604-648
North Eckhoff Street.
ACTION: Approved the Final Tract Map No. 16443, and accepted dedication of Eckhoff
Street for street and public utility purposes as shown on the Tract Map.
FISCAL IMPACT: None.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.9 and 3.11 were removed and heard separately. Mayor pro tern Cavecche
abstained on Item 3.3. Councilmember Ambriz corrected Item 3.16 to reflect the correct
date of the proposed event in the staff report. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY
4.1 Appointment to the City Traffic Commission
Mayor Murphy suggested the appointment of Jim Beil to the Traffic Commission, as his
experience in the community would be a valuable asset to the Commission.
Councilmember Coontz noted Mr. Beil, who works for CalTrans, meets with the City on an
ongoing basis and has been very helpful to the City and is very knowledgeable about traffic and
transportation issues.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to appoint Jim Biel to the City Traffic Commission with a term to expire June 30, 2004.
5. REPORTS FROM COUNCILMEMBERS - None.
PAGE 9
r
CITY COUNCIL MINUTES
August 12, 2003
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS
TAPE 325
7.1 Report from the Personnel Director - Salary adjustments required by the City of
Orange Police Association Memorandum of Understanding effective June 29, 2003.
(C2500.J.4.2)
SUMMARY: Per the Memorandum of Understanding (MOU) between the City of Orange and
the Orange Police Association (Resolution No. 9385), a salary increase is required to compensate
each classification covered by this MOU at the survey median of eleven (11) pre-selected Orange
County cities. The total cost for this salary adjustment for Fiscal Year 2003-04 is $542,300.
Stephen Pham, Personnel Director, provided a report.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Authorized the Finance Department to implement salary increases retroactive to June
29, 2003. Additionally, authorized an appropriation in the amount of $533,200 from the
unreserved General Fund balance and an additional $9,100 from the Fund 354 (AB 3229-
COPS/State) 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 354 (AB 3229-COPS/State) unreserved fund balance for the $542,300 appropriation.
7.2 Report from the Assistant City Manager - Approve an Amendment to Joint
Agreement for the Implementation and Operation of the Orange County SOO Megahertz
Countywide Coordinated Communications System dated January 30, 1996. (A2100.0
AGR-2415.1)
SUMMARY: In 1996, the City of Orange, as well as 30 other cities, the Orange County Fire
Authority, and the County of Orange, executed the Joint Agreement for the Implementation and
Operation of the Orange County 800 MHz Countywide Coordinated Communications System.
Now all agencies are being asked to approve an Amendment thereto, which will provide for the
ongoing operational costs of the system, including staff time and remote radio site maintenance.
Mr. John Sibley, Assistant City Manager, provided a report.
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
1) Approved the Amendment to Joint Agreement for the lmplementation and Operation of the
Orange County 800 MHz Countywide Coordinated Communications System and authorized the
Mayor to execute, and the City Clerk to attest, said Amendment and to process it through the
PAGE 10
CITY COUNCIL MINUTES
August 12, 2003
7. ADMINISTRATIVE REPORTS (Continued)
County Clerk of the Board, and; 2) Appropriated $136,588 for the 800 MHz backbone cost-
sharing expense from the following funds and accounts for FY 2003-04.
FISCAL IMPACT: Request additional appropriation in the following accounts:
100-5001-464101-2222 $ 3,141.52 General Fund - 800 MHz System
120-4011-464101-2222 120,197.44 Prop 172 - 800 MHz System
220-5022-464101-2222 3,004.94 Sanitation & Sewer- 800 MHz System
271-5021-464101-2222 4,370.82 Gas Tax Construction - 800 MHz System
601-8041-464101-2222 5,190.34 Water Capital Projects - 800 MHz System
710-5023-464101-2222 682.94 Equipment Expense - 800 MHz System
Total $136,588.00
TAPE 500
7.3 Report from the Library Services Director - Award of consultant services
agreement, as modified, to LPA, Inc., for design and construction support services of the
Main Library expansion, for an amount not to exceed $1,195,881. (A2100.0 AGR-4323)
SUMMARY: This action clarifies the terms ofan agreement between the City of Orange and the
design consulting firm of LPA, Inc., to prepare plans, specifications, and cost estimate, and to
provide construction support services, for Orange's Main Library expansion project. Dollar
amount of the agreement remains at $1,195,881.
Ms. Nora Jacob, Library Services Director, provided a report. In response to Council questions,
she reported the main changes to the contract include the time in which LP A is working with the
City, how LPA's involvement continues and clarifications on the percentages LPA will be paid
at each phase. Because the original contract has not been signed, staff wanted to make these
changes rather than come back with amendments. These changes have been reviewed by the
Library staff and Public Works staff.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved a clarified agreement between the City and LPA, Inc., for an amount not to
exceed $1,195,881 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funding for the Main Library expansion was approved in December 2002
when the City accepted a $9,127,700 award of State Library Bond Act grant money toward this
$16.6 million project. In the project budget, funds totaling $1,661,376 are specified for
architectural and engineering services, cost estimation and interior design, e.g., all the services
covered by LP A's proposal.
Funds are budgeted and available in the following accounts (Main Library Expansion)
500-2001-481200-9901 $2,290,840.60 (Capital Projects)
552-2001-481200-9901 $ 658,294.00 (Grant & Donations)
PAGE 11
. -1
CITY COUNCIL MINUTES
August 12, 2003
8. REPORTS FROM CITY MANAGER
Mr. John Sibley, Assistant City Manager reported there was a fire in the Lower Peters Canyon
area; and that City and County personnel were on the scene.
9.
LEGAL AFFAIRS
TAPE 590
9.1 ORDINANCE NO. 16-03 (FIRST READING) (A2500.0 Speed Limits)
An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code pertaining to speed limits.
Note: Councilmember Coontz abstained on this item because her home is in close proximity to
the subject streets; and left the dais.
Phyllis Goldin, 824 E. Palmdale, spoke on the traffic problems in this area such as speeding,
proximity to schools and churches, a large amount of pedestrian traffic and truck traffic; and
asked for assistance in reducing these problems.
Mayor pro tern Cavecche asked why the proposed reduction in speed was only for the section of
Taft between Cambridge and Tustin and not from Cambridge to Glassell.
Mr. Thomas, Public Works Director, stated surveys were conducted on both segments and the
survey from Cambridge to Glassell supported a 45 mph speed; and because these speeds are
governed by the Vehicle Code, it would not be enforceable iflowered.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved that Ordinance No. 16-03 be read by title only and same was set for second reading by
the preceding vote.
Note: Councilmember Coontz returned to the dais.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:23 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
1) 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
PAGE 12
CITY COUNCIL MINUTES
August 12,2003
11. RECESS TO CLOSED SESSION (Continued)
2) Property: Stewart Drive, from Main Street to Pepper Street and Pepper Street
from La Veta Avenue to Stewart Drive
Agency Negotiator: David De Berry and David Rudat
Negotiation Parties: City of Orange, and St. Joseph's Hospital
Under Negotiation: Price and terms of sale
b. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b). (one potential case).
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
INTRODUCTIONS - Miss City of Orange Candidates
TAPE 3500
The following contestants were introduced as candidates for Miss City of Orange Pageant, to be
held September 6th at 7:00 p.m.
Aubrey Acosta, Alissa Barrett, Sarah Hoops, Jac1yn Normandy, Sarah Silver, Laura Smith,
Katherine Vogt, Kim Yaeger.
12. PUBLIC COMMENTS
Jeff Kinney, spoke on the problem of high rents in Orange and asked for affordable rent control.
Ryan Esler, spoke on the problem ofrenters with disabilities being evicted.
James Eldredge, 1544 E. Quincy, spoke on the problem of renters being evicted and asked if
there were any city laws to stop renter abuse.
Brad Esler, spoke on the need for a rental stabilization ordinance in Orange.
Juan Pablo Serrano Nieblas, 224 N. Olive St. spoke on Prop 215 and the legalization of medical
manJuana use.
Tom Anderson, 1392 N. Stallion, spoke on rumors of staff negotiations with The Irvine
Company and requested the City Manager to direct staff to notify citizens of all meetings.
Rick Cryder, 307 S. Wrightwood, thanked Council for agendizing Yorba Park for August 26th
Anne Siebert, 340 S. Olive, commented on her letter to Council asking staff to begin the process
of updating the Historic Survey; and volunteered her services to assist with this endeavor.
PAGE 13
.T
CITY COUNCIL MINUTES
August 12,2003
12. PUBLIC COMMENTS (Continued)
Mayor Murphy announced the Peters Canyon Fire was out, there were no injuries and an arsonist
had been apprehended.
13.
PUBLIC HEARINGS
TAPE 4580
13.1 AMUSEMENT ARCADES - ORDINANCE NO. 4-03 (A2500.0 Amusement Activities)
Time set for public hearing to consider an Ordinance amending Sections 17.04, 17.10 and 17.18
of the Orange Municipal Code regulating Amusement Arcades. The proposed Ordinance
Amendment regulates Amusement Arcades which include, but are not limited to, video arcades,
personal computer rooms, internet cafes, cyber cafes, cyber arcades or similar gathering places
where electronic games are played.
Ms. Alice Angus, Community Development Director, reviewed the history of this issue and the
efforts to balance safety concerns with the needs of businesses; and reviewed some of the
proposed conditions and restrictions.
Council Ouestions
Mayor pro tern Cavecche asked about monitoring for curfew violators; and if certain
establishments had violations, would their Conditional Use Permit be brought back for review.
Ms. Angus stated businesses shall post signs indicating curfew laws, but it is not the
responsibility of businesses to enforce curfew laws. If there were curfew violations out of the
ordinary, it could trigger a review ofthe business' conditional use permit.
Mayor pro tern Cavecche complimented the Planning Commission on their review of this issue.
She was glad to see the lighting requirements and limiting back doors for emergency access only
and not for general access; and she hoped the City would be aggressive in bringing violators
back in for conditional use permit reviews.
Councilmember Coontz asked about the incidental use of amusement games as the Ordinance
limits the number of games to three; and asked what would constitute other uses, such as
restaurants and bars.
Ms. Angus stated staff is looking at whether there is a gap between those establishments that can
only have three amusement devices and those businesses where that is the primary businesses; so
staff may have to come back in the future to tighten up the ordinance. Currently, businesses that
have four or more game machines are required to go through a minor CUP review. That is being
looked at as well as the division between having three and four machines, and if the amusement
games are the primary use or not. Sometimes the game machine aspect is looked at if a
restaurant or bar has an alcohol permit.
Councilmember Coontz complimented staff on their efforts in drafting this Ordinance.
PAGE 14
CITY COUNCIL MINUTES
August 12,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez expressed concern about the proposed hours, of 7:00 a.m. to 1 :00 a.m.,
as he thought they were too long.
Ms. Angus stated staff has worked with the City Attorney's Office and the Police Department on
the nature of the business, when crime is more likely to occur, and trying not to over-regulate
and restrict the hours too much. The proposed hours are basic hours and can be changed, either
scaled back or made more lenient.
Councilmember Alvarez asked why an Ordinance couldn't be drafted to encourage more of a
computer retail or wholesale business with a combination of internet access. He asked why this
wasn't encouraged, as opposed to labeling it an arcade. This proposed Ordinance is telling the
user that the City is not looking for them to use it for business or internet access, but now carving
out a new niche of computer arcades.
Ms. Angus stated the code acknowledges video arcades. Those are uses that require a CUP, but
don't have the same standards that are recommended for amusement arcades. Businesses that
would operate primarily for computer sales or service or training as the primary purpose with a
limited amount of computers for games or internet communications would be allowed. This
Ordinance is geared primarily at the gaming aspect that computers can provide.
Councilmember Alvarez asked if an Ordinance could be written that would say, for example, a
certain percentage of a business needs to be computer software or computer goods and a larger
percentage can be internet access.
The City Attorney stated the distinction to be drawn is that what drives how the City
characterizes a use is how it is used. If a business only utilized 25% of its computers for
arcades, then it might fall into one category, but what drove this Ordinance is that while a
business provides an internet access to a substantial part, what is really occurring is the playing
of video games. The problem in trying to characterize this in the manner suggested, is that the
ability to regulate goes down, because there is more of a first amendment protected activity, and
the standard by which the City's regulations would be subjected to gets higher and higher. The
City as a burden of showing, whenever there is a regulation of a first amendment activity, that
the City is trying to achieve a legitimate governmental purpose and the purpose here is to reduce
potential for crime. Once a legitimate governmental purpose has been identified, then the City
has to show that the regulations are narrowly tailored to achieve that governmental purpose.
Councilmember Alvarez asked about the proposed restriction of covering windows and why the
current regulations were not used that restrict signage on windows.
Ms. Angus stated the existing law deals with signage and not visibility. This Ordinance requires
some visibility into the store since the Police want to be able to adequately see into the stores.
Councilmember Ambriz reviewed some questions he had submitted to Ms. Angus earlier. He
had asked about the cost of surveillance cameras as he wanted to ensure the required cameras
PAGE 15
T
CITY COUNCIL MINUTES
August 12,2003
13. PUBLIC HEARINGS (Continued)
could be obtained at a reasonable price for business owners. He also did not want this Ordinance
to impact bars and restaurants; and had asked for a definition of a licensed security guard. He
was concerned about the requirements for a security guard as they did not seem to be adequate;
and asked if the City could be subject to liability of a security guard caused harm to an
individual.
The City Attorney stated the City would not be liable if a security guard caused harm to an
individual.
Mayor Murphy asked what the downside would be to limiting hours of operation to 7:00 a.m. to
11:00p.m.
The City Attorney stated limiting hours to a business poses a regulation to a business that has
first amendment connotations versus imposing longer hours on businesses that perhaps do not
have any first amendment connotations. The City would have to justify what the rationale was
between allowing a restaurant to operate until 1 :00 a.m. and why the City wouldn't allow a
cybercafe to operate under the same hours. The City is trying to strike a balance and in
discussions with the Police Department, this is what staff came up with.
Mayor Murphy stated he trusted the judgment of the Police Department, but would like to be
able to have more latitude to have even more safety.
Councilmember Coontz stated there still seems to be some unanswered questions, and asked if
there could be a built-in return to get a better picture of whether all aspects of this Ordinance will
apply or make sense.
Mayor Murphy suggested if there were to be a review, it be only for specific conditions.
TAPE 5780
Mayor pro tern Cavecche clarified the proposed hours in that the Ordinance states that if there
are problems, the hours of operation can be cut back.
Ms. Angus also reiterated that a CUP review has to find that a business is compatible with
surrounding land uses, and some business may have their hours restricted from the beginning.
Mayor pro tern Cavecche stated she realizes the City is not allowed to completely eliminate
certain businesses, but wants stringent requirements; and staff has done a diligent job in putting
in methods to identify businesses that create problems later on. She was not sure how a review
process would work and was concerned about doing that.
Councilmember Coontz noted staff has stated they will be commg back with answers to
questions about this use in certain businesses.
PAGE 16
-,-
CITY COUNCIL MINUTES
August 12,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez stated that while the City needs to be prudent about lawsuits, it is
important to understand there are certain standards that need to be upheld. He asked about the
10:00 curfew for minors and how this will be addressed.
Councilmember Ambriz noted the City can come down hard on a business if the business creates
problems for the Police Department, but asked how a business would be rewarded if there are no
reports from the Police Department.
Ms. Angus stated if business hours are restricted up front, and there are no reports of any
problems, hours could possibly be extended at a later date.
The City Attorney asked if there was any evidence in the administrative record that the City has
had problems with curfew in these types of businesses versus other establishments.
Lt. Dave Jensen, Orange Police Department, stated the Police Department has had increased
violations with loitering, truancy and other minor offenses at these types of businesses; but that
the curfew violations are on a call basis and that the Police Department does not look for
violations unless it becomes a problem at an establishment.
Council discussed the possibility of various types of conditions to limit curfew problems, such as
asking for a users' age on sign in sheets or requiring a business owner to make an announcement
about the 10:00 curfew.
The City Attorney noted restrictions have to be as a result of problems in the administrative
record.
Lt. Jensen stated the four cybercafes in Orange typically don't allow non-paying customers in the
building, there are No Loitering signs posted and there is usually no loitering inside the
buildings.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor pro tern Cavecche thanked the Planning Department, Police Department and City
Attorney's Office for their diligent efforts on this. She has been working with staff for a year
and a half and thanked them for putting up with her.
Council Action:
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
NOES - Alvarez
PAGE 17
- ----------
.1
CITY COUNCIL MINUTES
August 12,2003
13. PUBLIC HEARINGS (Continued)
Moved to find Ordinance No. 4-03 is categorically exempt from the provisions of the California
Enviromnental Quality Act per State CEQA Guidelines Section 15305.
ORDINANCE NO. 4-03 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Sections 17.04, 17.10 and
17.18 of the Orange Municipal Code regulating Amusement Arcades.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
NOES - Alvarez
Moved that Ordinance No. 4-03 be read by title only and same was set for second reading by the
preceding vote; with the addition of a Conditional Use Permit requirement that managers will
make an announcement prior to and immediately after curfew announcing City of Orange curfew
laws; and with the understanding that staff will be looking further at some of the aspects of this
Ordinance.
Councilmember Alvarez voted No because he did not think the Ordinance goes far enough and
it needs to reflect the standards here in Orange; and the City should not be afraid of a challenge
in court.
13.2 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)
The public hearing to consider an appeal of the Planning Commission's denial of General Plan
Amendment 1-01 has been continued from July 22, 2003. 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
PAGE 18
..-,--- -
CITY COUNCIL MINUTES
August 12, 2003
13. PUBLIC HEARINGS (Continued)
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 Enviromnentallmpact Report 1647-00 was prepared to evaluate the enviromnental
impacts of developing the subject site.
The Public Hearing is Open
The following people spoke in favor of the Appeal. Their comments included: development will
bring an addition to the trail system and help to preserve an equestrian lifestyle; a six -acre turn-
key park is proposed; controls are proposed to mitigate any land fill problems; the development
has been re-worked to be the best project for this site; the development will be a good
replacement for the existing concrete recycling facility; it provides a good balance for the needs
of the community; truck traffic has been eliminated through Mabury Ranch; significant revisions
have been made by the developer.
. Chuck McNees, address on file, Chairman OPA Committee
. Peter Wetzel, address on file
. Richard Siebert, 1388 N. Kennymead
. Charles Leffler, 10693 S. Orange Park Blvd.
. Joan Carlson, 6315 E. Frank Ln.
. George Bloecher, 20132 E. Chapman
. Bob Bennyhoff, 10642 Morada Dr.
. Craig Olson, 699 Creekview Dr.
. Julie Taverna, address on file
. Don Vogel, address on file
. Laura Thomas, 7211 E. Clydesdale
The following people spoke in opposition to the Appeal. Their comments included: there is a
need to maintain this for open space; the recreational needs of the community would be lost;
there is no overriding consideration to change the General Plan; there are problems with the Villa
Park landfill and methane gas, and problems with Villa Park dam and water quality issues; the
City could be held liable in the future for methane gas and flooding issues; surrounding
neighborhoods are the ones opposed to the project; the only supporters of the project are Orange
Park Acres residents.
PAGE 19
.---.- . f ----
CITY COUNCIL MINUTES
August 12,2003
13. PUBLIC HEARINGS (Continued)
. Kelly Herbeck, 6121 E. Shenandoah Avenue
. Joe Greenwald, address on file
. Sue Kaiser, address on file, read a letter from Sue Craig
. Carter James, 5849 E. Valley Forge Drive
. Steve Hamilton, 5737 Mountain Avenue, read statement from Rick Ledesma, member of the
Orange Unified School District
. Stefanie Holcomb, address on file
. David Piper, 6705 E. Oak Lane
. Christopher Koontz, 10252 E. Lomita
. Frank Storti, 6007 E. Bryce Avenue
Council recessed at 9:25 p.m. and reconvened at 9:40 p.m.
. Bill Bouska, 270 N. Malena
. Donna Greenwald, address on file
. Bruce Branstine, 6019 E. Mabury
. Dan Swoish, address on file
. Eliza Parker, address on file
. Cathy Parker, address on file
. Nick Lall, 6232 Mabury Avenue
Appellant Response:
TAPE TWO - 2340
Steve Cameron, Fieldstone, provided a power point presentation, and submitted copies of the
presentation to the Council. He addressed the following concerns:
. Sewer suspended from bridge - this is common practice and not unusual.
. General Plan designation of Open Space - the General Plan designation is actually Resource
Area with a Sand and Gravel zoning, and not Open Space.
. Numerous conditions imposed on project - most of these conditions are standard conditions
on a project regardless of its size.
. Fiscal lmpact - a city hired consultant, Steve Copenhaver of GRC & Associates, has
concluded that even in the worst case analysis there is no reason to disapprove this proj ect;
that this project generates money for the City of Orange.
. Villa Park landfill concerns - there is nothing in the County Landfill Assessment Report that
talks about any problems at the landfill. There are already over 250 homes built in this area
within the 1000 foot radius of the landfill. Integrated Waste Management Agency has had no
odor complaints associated with the Villa Park former landfill. There are no current
problems out there and the gas extraction system is doing exactly what it's supposed to be
doing.
. Similarities to Yorba Park / Methane Gas - this property is not similar to Yorba Park. This
development is adjacent to the landfill, not on it; and there are measures in place to make
sure the methane does not migrate onto the property. A new condition was added
PAGE 20
,
CITY COUNCIL MINUTES
August 12, 2003
13. PUBLIC HEARINGS (Continued)
(Condition No. 144) which talks about who will monitor the probes and how it will be done.
A letter from the County Health Care Agency indicates that results of a study show that the
health risk is well below the South Coast Air Quality Management District acceptable risk
and based on all of the facts, the potential for landfill gas to pose a health hazard to the
residents of the proposed development is very low; and the Health Care Agency concludes
that implementation of the proposed mitigation measures in accordance with industry
standards, coupled with the existing extraction system and compliance probes, will result in
multiple lines of defense against the potential for landfill gas subsurface migration into the
proposed development site. He cited another letter from the Health Care Agency, which
indicated that the Integrated Waste Management District was able to bring the entire landfill
into compliance with the State regulatory standards for landfill gas migration, which has been
confirmed by field data collected from compliance probes installed around the perimeter of
the landfill.
. Erosion Protection - Mr. Cameron cited a letter from the County Public Facilities and
Resources Department indicating that if the proposed flood walls and slope revetments are
designed and engineered to Orange County Flood Control District criteria and standards and
constructed with County inspection, the County will recommend the Orange County Board
of Supervisors to accept Santiago Creek and the proposed flood control amenities as County
Flood Control District facilities. Condition No. 45 states the developer must get the approval
of the County on the plans before they can get a grading permit.
. Flood Plain - He stated they are not building on the 100 year flood plain.
Patti Sexton, Tetra Tech Engineering addressed water quality issues.
. Revetment walls - historical records indicate there is very little lateral movement of the
creek.
. Bioswales - There will not be any check dams used within the bioswales, allowing water to
keep moving.
. Water Collection - water from each lot will drain into the street, flow down the street until it
gets collected by a low flow system and then into the bioswales, and then treated in the
bioswales before it goes into the storm drain and into the creek.
Mr. Cameron continued with the presentation.
. Open Space - the Army Corps of Engineers submitted a letter concurring with the
jurisdictional delineation. The Department of Fish and Game has also accepted the
delineation. He showed an exhibit pointing out the 54,000 acres of open space adjacent to
the City of Orange; and this property represents less than 1/10 of one percent of this acreage.
. AB 496 1 Santa Ana River Conservancy - he cited a section from the bill which states the
Conservancy may acquire real property within the Conservancy's territory from willing seller
sand at fair market value and that neither the Conservancy nor other State Public Works
Board may exercise the power of eminent domain to acquire real property or an interest in
real property for the purposes of this division.
PAGE 21
CITY COUNCIL MINUTES
August 12,2003
13. PUBLIC HEARINGS (Continued)
. Proposed Great Park in Irvine - this will be possible only through property tax assessments
and development fees.
. Suggested great park for the Sully Miller property - this may not be feasible because of
problems with traffic, parking, lights, noise and horse odors; and problems with funding for
land, remediation, improvements and maintenance.
. Use of Park Bond money - much of this money has been diverted to the State General Fund.
. Mabury Ranch concerns - Fieldstone is trying to be responsive to Mabury concerns. He has
met with Mr. Mike Spurgeon and most everything Mr. Spurgeon asked them to do will be
done. They have lowered the site, reduced truck traffic, preserved views, agreed to build
single story homes, and worked out a condition with staff that most heavy truck traffic
accesses the property from the south side of the creek and does not go through the Mabury
development.
. Park lmprovements - they received unanimous support from the Park Commission. They
have agreed to fund complete improvements for the proposed park through a Community
Facilities District; and it will be a public park. He pointed out parks come from
development, not through bonds.
. Orange Unified School District - Fieldstone has met with OUSD staff and board members
about the District's need for a middle school somewhere in this area. The District is not
certain if this is the exact location they want, but would like to preserve their option. If this
turns out to be a good site for a school, the District wants to be able to use it for a school.
The developer will work with the School District in this capacity; but Mr. Cameron thinks
the District understands that the only way there will ever be a school on this property is if
somebody else comes in and does the remediation. Because of the soil issues and the
revetment walls, the whole project has to be remediated. Mr. Cameron submitted a letter
from Fieldstone to the Orange Unified School District indicating that Fieldstone will
volunteer to place a condition of approval on the tentative tract map that would prevent
Fieldstone from pulling any building permits on the west side of the property for a period of
18 months, which would give the School District time to figure out whether or not this is a
suitable location for a school. The west side of the property was chosen because the School
District is interested in doing a joint use agreement with the City on the six acre park.
. Master Plan vs. Piece-Meal Development - he reviewed the zoning map which indicates a
zoning for either Residential for Sand and Gravel, indicating the property owner could sell
the property piece meal.
. Conclusion - if approved, this project would end the rock crushing facility, would remediate
the site, would provide a six acre park, 2.5 miles of trails, provide a bridge over the creek,
provide 40 acres of open space and a 7.5 acre equestrian arena, and provide the potential for
a school site.
TAPE TWO - 3380
Council Ouestions
Councilmember Coontz asked if the Council can include the condition regarding the School
District.
The City Attorney stated if the Applicant offers it, the City can accept it.
PAGE 22
CITY COUNCIL MINUTES
August 12,2003
13. PUBLIC HEARINGS (Continued)
Mayor Murphy asked for comments from the Orange Unified School District Board President.
Melissa Smith, Orange Unified School District Board President, stated the District had just
received the letter from Fieldstone that day. She was grateful that Fieldstone had given them
something that looks promising; however it has not gone to the entire Board. This letter needs to
be agendized for the Board. In her personal opinion, the letter lacks details and this needs to be
reviewed and evaluated for its merit.
Councilmember Coontz asked if the basic condition is acceptable to the District, and if the
District will be talking with Fieldstone.
Ms. Smith stated the District has been amenable to negotiations for some time, but she was not
authorized to speak for the Board.
Councilmember Alvarez asked what it would take and how long it would take to evaluate this
letter from Fieldstone.
Ms. Smith stated the California Department of Education does have to cornment and make
evaluations before the District can move forward. She stated this will be brought before the
entire Board and had no idea of how long it would take for a full evaluation.
Councilmember Ambriz asked if an assessment had been done on what impact this development
would have on the schools.
Ms. Smith stated a study has been done by a demographics firm on the number of students
generated by this development and the impact to the schools. Children from this area would
probably go to Linda Vista Elementary and Cerro Villa Middle School.
Councilmember Alvarez stated there is legislation that directs Councils and School Boards to
work together; and in looking at a project of this size, the Council does not have enough
information on what the impacts would be to the District. He asked why the School District was
interested in this property.
Ms. Angus stated the EIR talks about school capacities. There would be approximately 91
students generated with this development - 57 elementary, 17 middle school and 17 high school;
and would probably attend Linda Vista, Santiago Middle School and El Modena High School.
The date of the letter in the EIR was November 2002.
Ms. Smith indicated the information in the EIR would not reflect the latest update from the
demographics company. She also indicated the demographics study, the facilities advisory
committee and the master plan just receive by the Board of Education indicate that growth in the
District is significant, continuing to grow at least 1 % a year. The District needs to house
students and the epicenter of where the District needs to house middle school students falls
within the parameter of this project.
TAPE TWO - 3840
PAGE 23
CITY COUNCIL MINUTES
August 12, 2003
13. PUBLIC HEARINGS (Continued)
Mayor Murphy pointed out it was 11 :00 p.m. and asked the Council if they wanted to continue
the discussion. It was the consensus of the Council to continue.
Mayor pro tern Cavecche asked about the land use designation and zoning and asked for
clarification on the Resource Area designation as a holding zone; and if the Resource Area
designation gives the Council an opportunity to look at it and designate what a vision for that
might be.
Ms. Angus indicated the intent of the Resource Area land use designation was to be a holding
area, and when the resources on the property are depleted it then gives the Council an
opportunity to relook at the use of the site.
Councilmember Alvarez asked about the size of the proposed park, why a lesser standard was
approved by the Park Commission and asked about the ingress and egress out of the
development and why a right turn only is proposed.
Ms. Angus reported the park was originally proposed for 3.6 acres, increased to 4 acres and then
increased to 6 acres to accommodate the proposed sports uses. It was determined by the Park
Commission that 6 acres could accommodate these uses.
Mr. Gabe Garcia, Community Services Manager, reported a neighborhood park is considered to
be 4 to 10 acres in size and a community park is 15 to 40 acres. This was identified as a
neighborhood park because of its size and classified as an active park because of the proposed
uses.
Mr. Harry Thomas, Public Works Director, spoke on the ingress and egress out of the
development. He stated the developer is providing a traffic signal at the entrance into the
development, and the access to the park is still being considered. The ingress and egress onto
Santiago Canyon Road would be right turn in and right turn out. He stated that mid-day, the
traffic on Cannon is relatively light, which creates free flowing traffic on Santiago Canyon and
fairly high approach speeds. The entrance to the new development will be a low volume of cross
traffic compared to Santiago Canyon Road, so there will not be sufficient gaps in traffic to allow
left turn moves to be made safely, especially given the high approach speeds that exist on
Santiago Canyon Road.
Councilmember Alvarez asked about the revetment walls and the different treatments for the
creek downstream; and suggested the City needs a more uniform policy on what should be done
with the creek.
Mr. Thomas stated the requirement for this project is that the flood control improvements meet
the standards of the Orange County Flood Control District because the County will be taking
over the operation and maintenance of the facility. There has been extensive negotiations over
the type of treatment that would be necessary. Revetment walls were selected as an erosion
protection method to protect the adjacent properties without intruding into the creek stream bed.
The various treatments of the creek have evolved over the last 70 years depending on the time
they were constructed and the level of protection they were trying to achieve.
PAGE 24
-,.--.
CITY COUNCIL MINUTES
August 12,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez asked if there was current technology to hold the natural vegetation and
soil in place that would be in place to hide the revetment wall.
Mr. Thomas indicated the revetment walls do not protect that area from erosion. There will be a
fair amount of vegetation in the channel and the design parameters of the Flood Control District
are based upon that situation. It is a very conservative design and reflects a condition of fairly
heavy vegetation. There will be erosion in the channel, but it is not expected to occur rapidly or
completely. Erosion that will occur is a function of the velocity of the water. If the existing
vegetation remains in place, or gets heavier, the velocity will be relatively low so the ability of
the water to erode that area is diminished; but there is no protection method beyond that. The
revetment walls are intended to protect the adjacent property, not the stream bed; but there is a
stable condition that does develop in stream beds over time.
TAPE TWO - 4630
Councilmember Coontz spoke on the creek treatment at Rock Creek and asked if this proposed
treatment is a new standard to protect flood control as well as the environment.
Mr. Thomas stated the conditions imposed at Rock Creek were less specific than this in that the
City indicated the developer just had to satisfy the Orange County Flood Control requirements,
which also included the Army Corps of Engineers requirements, which was just a concrete
channel.
Councilmember Coontz asked about the acreage of the proposed park and asked for clarification
on the requirements of the Park Commission and the City versus what the developer has added to
the project.
Ms. Angus reported the developer originally came in with 3.6 acres proposed for a park,
increased it to 4 acres and then increased it again to 6 acres. The developer has also agreed to a
parking lot, restroom facility and sports fields and is willing to commit $2.1 million, through a
Community Facilities District, for upfront funding of the park improvements.
The City Attorney spoke on the creek issue and reported concerns from the City Attorney's
Office on liability issues. The concern of the City Attorney's Office was not with the existing
conditions, but rather with the construction of improvements for flood control that were below
the County standards and having a homeowners association be the entity responsible for
maintenance of that creek. One of the things the County will be faced with is trying to balance
how much vegetation is allowed to grow in the creek versus the capacity of that flood control
channel. This is why the City needs the County to take control of this.
Councilmember Coontz stated this is an issue that is coming up and will be resolved.
Councilmember Ambriz asked about the proposed park and if the parking lot is adequate for
what is proposed. He also agreed there is already a traffic problem along Santiago Canyon and
traffic issues need to be addressed during the afternoons when the park facilities are going to be
used on a daily basis.
PAGE 25
r--....
CITY COUNCIL MINUTES
August 12, 2003
13. PUBLIC HEARINGS (Continued)
Ms. Angus stated the park is a conceptual plan and needs to go through a final design process,
which will look at parking requirements.
In response to questions from Councilmember Ambriz, Ms. Angus further reported the horse
stable will be owned by the homeowners association and privately managed.
Mayor Murphy suggested continuing this item to September 9th because of the late hour.
Mayor pro tern Cavecche stated she will be out of town on September 9th but would be willing to
fly back for the hearing.
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Murphy
NOES - Coontz, Cavecche
Moved to continue the public hearing to September 9, 2003, at 7:00 p.m., first item on the
Agenda.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 11:40 p.m. to an Adjourned Regular Meeting, Study Session,
August 26, 2003 at 3:30 p.m. in Conference Room C for a presentation on the proposed Santiago
Hills II and East Orange Development Project by The Irvine Company.
(lU44~c:J!ifl4-t"~.( -dA~
CASSANDRA J.HCART, CMC
CITY CLERK
PAGE 26