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10/14/2003 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON OCTOBER 28, 2003 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 14, 2003 The City Council of the City of Orange, California convened on October 14, 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 Steve Fiechter, Christ Lutheran Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Ambriz 1.3 ROLL CALL PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation was given by El Modena Hills National Junior Basketball of a $646.60 donation to the Community Foundation of Orange. Presentation was given by Mr. Don Flora, owner of Allied Heating and Air Conditioning of a $6,000 donation to the Police Department's K-9 Unit for purchase of a new police service dog. Proclamation honoring Breast Cancer Awareness Month, October 2003 was presented to Marsha Zembower and Taryn McDonald of the American Cancer Society. Councilmember Ambriz announced a Cut-a-Thon will take place on Sunday, October 19th at the Artistic Hair in Orange to raise money for the American Cancer Society. Annual Deuce Awards were presented by Ray Voisine and Dawn Miller of Mothers Against Drunk Driving (M.A.D.D.) to the following Orange Police Officers who have arrested 25 or more drunk drivers: Officer Ray Winick, Officer Armando Plascencia, Officer Mike Fisher, Officer Martin Suarez. Recognition was given to City of Orange Public Library Foundation volunteers, represented by Library Foundation President Mike Learakos and Vice President Phyllis Cahill. Proclamation was presented to Matthew Nelson, Orange City Fire Department, honoring him for receiving "Explorer Advisor of the Year Award" through the Boy Scouts' Learning for Life Program. A Proclamation from Orange County Supervisor Bill Campbell was also presented to Matthew Nelson. PAGE 1 -j CITY COUNCIL MINUTES October 14,2003 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued) Councilmember Coontz announced the Veterans Day Celebration on November 9th at 2:00 p.m. at Depot Park. The theme of the event will be "Enduring Freedom" with special recognition to Reserve Officers. Lt. Col. Joe Ruthenburg, Retired will be the guest speaker, whose involvement with the Orange High School Jr. ROTC was recognized. 2. PUBLIC COMMENTS - None. 3. CONSENT CALENDAR TAPE 820 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 October 14, 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 and Shaffer Park; 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 September 18 and 25, 2003. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, September 23, 2003. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.5 Cooperative Agreement with the City of Anaheim for the joint sharing of certain traffic signals. (A2l00.0 AGR-4365) SUMMARY: The City of Orange and the City of Anaheim share jurisdiction of several traffic signals at the border of the City of Orange, and it is desirable to identify those PAGE 2 CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) locations and responsible agency, and to specify the procedure for equitably distributing the costs for operating and maintaining those signals. ACTION: Approved Cooperative Agreement for joint sharing of traffic signals and authorized Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: None. 3.6 Agreement No. 32l7.B with VisionAIR, Inc., Amendment No.3. (AGR-32l7.B.3) SUMMARY: The City and VisionAIR, Inc. have entered into Agreement No. 3217.B to provide maintenance and upgrades to the Police Department's mobile data computers, computer-aided dispatch and records management system (CAD/RMS). Amendment No. 3 is for the purchase of a citation module, licenses and maintenance/upgrades. The Amendment increases the total compensation by $9,428.13 to a not-to-exceed amount of $92,764.44. ACTION: Approved Amendment No.3 to Agreement No. 3217.B and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted in account number 353-4011-471301-2243 (Federal Grants-LLEBG 2003) for this purpose. 3.7 An Agreement with the law firm of Liebert Cassidy Whitmore. This firm represents the City in various safety personnel matters. (A2l00.0 AGR-1042.Q) SUMMARY: The City currently has an agreement for fiscal year 2002-03 with Liebert Cassidy Whitmore for an amount not to exceed $45,000 to provide personnel legal services. That amount has been expended and therefore, the City would like to enter into a new contract for the new fiscal year. ACTION: Approved and authorized the Mayor and City Clerk to execute an Agreement with Liebert Cassidy Whitmore on behalf of the City for an amount not to exceed $60,000. FISCAL IMPACT: Sufficient funds are available in the Personnel Legal Services Account No. 100-0301-426111. (REMOVED AND HEARD SEPARATELY) 3.8 Agreement between the City of Orange and Verizon Wireless for placing cellular antenna on city-owned street light poles and other fixtures within public right-of- way. (A2100.0 AGR-4366) SUMMARY: Verizon Wireless intends to install cellular antennas on the top of certain city-owned street light poles. The agreement sets the rules and conditions regarding the usage of the poles. Verizon agrees to pay the City an annual lease for the use of each of the poles. PAGE 3 ,- CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) Discussion Councilmember Ambriz asked where the revenue from the wireless antenna companies is directed and if this revenue could be directed to the Library Foundation. The City Manager reported funds go to the General Fund, unless otherwise directed; and he can report back about the appropriation of funds. Councilmember Alvarez suggested a policy is needed on how the City plans to deal with the wireless industry, including issues such as aesthetics, funding sources and the possibility of adding antennas in the future. Councilmember Coontz suggested the policy also include locations for phone antennas, as there are areas within the City where phone connections are lost; and agreed the designation of where the revenue goes is important. The City Manager indicated staff will provide a report to Council on the issues raised relating to wireless antennas. Mayor pro tern Cavecche expressed concern about the boxes next to the poles, which can be fairly large; and clarified that 60% of the poles are owned by Edison. Edison can make agreements with the antenna companies without City approval. However, if the boxes are placed on City property, that can cause problems; and suggested this also be included in a policy. The Public Works Director, stated if the boxes are placed in the public right-of-way, they are treated as an encroachment, and staff tries to locate them as unobtrusively as possible. Councilmember Coontz suggested the Community Development Department work with Public Works on this issue, especially regarding aesthetics. MOTION - Cavecche SECOND - Alvarez AYES _ Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved Verizon Wireless cellular antenna agreement and authorized the Mayor and City Clerk to execute the agreement on behalf of the City, with direction that staff return with a report as discussed. FISCAL IMPACT: $2,200 revenue per year per street light pole leased to Verizon Wireless. PAGE 4 --r CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) TAPE 1170 3.9 A consultant services agreement with URS Corporation to provide peer review services relating to the Runoff Management Plan for East Orange/Santiago Hills II. (A2l00.0 AGR-4367) SUMMARY: The City is in the process of working with the environmental consulting firm of Jones & Stokes to prepare an environmental impact report (EIR) for the proposed East Orange/Santiago Hills II development proposal by The Irvine Company. The Irvine Company will submit a runoff management plan (ROMP) to discuss water quality and hydrology issues related to the Peters Canyon Reservoir drainage area, as well as a conceptual ROMP for the Irvine Lake drainage, as it relates to this project. Upon submittal, these documents must undergo technical peer review before the information can be incorporated into the EIR. This peer review process assures the City of the technical adequacy and accuracy of the information submitted. In addition, a technical expert is needed to provide assistance to Jones & Stokes in preparation of the relevant portions of the environmental document. This consulting services agreement would retain the firm of URS Corporation to perform this technical peer review on behalf of the City. Discussion Councilmember Alvarez asked that this item be continued to the next Council meeting as he has not been adequately briefed on this issue. Councilmember Coontz also asked for clarification on the technical peer review requirement, as to who dictates this as the report states the documents must go through a review process. Mayor pro tern Cavecche expressed concern about postponing this and asked if a postponement would throw the process off. She also stated that when Jones & Stokes was hired, it was understood that other experts would be needed. She stated she would have preferred Tetratech to provide these services, and did not care what these services cost The Irvine Company, as long as the most qualified company is used. Stan SooHoo, Assistant Community Development Director, confirmed that URS is a very qualified firm, and did come in at a lesser price. He stated a postponement of this item would delay the EIR process, but it would not be catastrophic. He also explained the peer review process is not a legal requirement, but the City is insisting on a peer review to ensure that the community and Council are comfortable that the information goes through a more objective review process. Mayor pro tem Cavecche stressed the importance of having all Councilmembers briefed on this process. PAGE 5 I CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) The City Manager stated additional briefings, with timelines, will be provided to the Council. Councilmember Alvarez suggested a study session so the Council can begin to give The Irvine Company their view on what the Council wants to see in East Orange, rather than The Irvine Company's view. Councilmember Coontz stated she has no problem telling The Irvine Company her thoughts, asking questions and giving them suggestions. However, there is so much to this project that there needs to be more organization on what the Council needs to know on a sequential basis. She received a brief report on the sessions The Irvine Company has been holding in the community, but would like to know early on about the comments and what the results were of the community meetings. She recognized there are groups in the community that the Council may not be familiar with, and asked that more information on who the players are be provided. Mayor Murphy stated there are several update sessions scheduled and perhaps one of those sessions could be more of a discussion session rather than simply an update. He asked the City Manager to get back to the Council with a schedule of these meetings and how to best accomplish this. MOTION - Alvarez SECOND - Murphy AYES - Ambriz, Alvarez, Mayor Murphy, Coontz NOES - Cavecche ACTION: Continued to October 28, 2003. (REMOVED AND HEARD SEPARATELY) 3.10 Agreement between the City of Orange and V2C Group, Inc. for the design services for Eisenhower Park Renovation (A2100.0 AGR-4368) SUMMARY: Approve the professional services agreement between the City and V2C Group, Inc. in an amount not to exceed $35,680 for design services for the Eisenhower Park Renovation. Councilmember Coontz spoke in support ofthe improvements at Eisenhower Park. MOTION - Coontz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche PAGE 6 CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) ACTION: Approved the professional services agreement between the City and V2C Group, Inc. in an amount not to exceed $35,680 for design services for the Eisenhower Park Renovation; and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: Sufficient funds exist in the following account: 320-7021-485100-0092 (Eisenhower Park Renovation Proposition 12 funds): $35,680. 3.11 Joint Construction Agreement between the City of Orange and the City of Anaheim for the City's participation in the rehabilitation of the City's portion of Orangewood Avenue from Anaheim Way to State College Boulevard. (A2100.0 AGR-4369) SUMMARY: The Joint Construction Agreement between the City of Orange and the City of Anaheim establishes funding and respective responsibilities of each City for the rehabilitation of Orangewood Avenue between State College Blvd and Anaheim Way. The City of Orange's share of the cost is $10,000.00. ACTION: I) Approved the Joint Construction Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 2) Appropriated $10,000.00 from unallocated reserves in Fund 272 to Account No. 272-5011-483300-4052. FISCAL IMP ACT: Upon appropriation funds will be available in the following account: 272-5011-483300-4052 $10,000.00 Gas Tax Funds 3.12 Joint Agreement for Urban Search and Rescue response with the Orange County Fire Authority. (A2l00.0 AGR-4370) SUMMARY: Orange Fire Department personnel respond as members of California Task Force Five. The Orange County Fire Authority manages the overall operation of the Task Force and requires a written agreement with the City of Orange for that participation. ACTION: Approved the agreement between the City and the Orange County Fire Authority for participation in the Urban Search and Rescue Program and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: The fiscal impact ranges from zero dollars to potentially over $30,000 annually depending on if Task Force Five is activated. If activated, either FEMA or State OES reimburses all expenditures. PAGE 7 T-n CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) APPROPRIATIONS 3.13 Appropriation of funds to purchase digital voice recorder maintenance and upgrades, video cards, ergonomic chairs, and other miscellaneous equipment needs for the 9-1-1 center upgrades. (C2500.K) SUMMARY: The upgrade and enhancements that will be provided by this project are vital to the handling of9-I-l calls received by the City's Public Safety Answering Points (PSAP). It will prepare the City to address issues involved in the receipt of wireless 9-1- 1 calls and allow the dispatchers to better serve our community. ACTION: I) Appropriated $20,979 to Account 100-4012-471301, to be reimbursed by the State of California 9-1-1 program for the purchase of software and hardware upgrades along with 5 years maintenance for the VoicePrint digital recorder, video cards, ergonomic chairs, and other miscellaneous equipment needs for upgrades to the 9-1-1 system. 2) Amended the FY 2003-04 Revenue Budget, account # 100-4012-263300, for the anticipated state reimbursement of $20,979. FISCAL IMP ACT: The funds have been committed by the State of California and will be reimbursed to the City by the State. The City must submit claims to the State quarterly, semi-annually or annually during the period July I through June 30. The reimbursement process may take up to 90 days. After appropriation, funds will be available in the Dispatch budget for the purchase as follows: 100-4012-471301 $20,979 Dispatch Equipment 3.14 Purchase of an Automated Booking and Digital Mug System with 2002 California Law Enforcement Equipment Program (CLEEP) High Technology Grant Funds. (C2500.K) SUMMARY: State Budget Act Item 9210-106-0001, Chapter 379 of the Statutes of 2002, provided funding to local law enforcement agencies for the purchase of high- technology equipment. The City of Orange was awarded $37,015.14. The Department would like to allocate its remaining CLEEP funds to purchase an automated booking and digital mug system. This system will provide an interface with the established network under the supervision of the Orange County Sheriffs Department. ACTION: Appropriated $37,015.14 of 2002 CLEEP funds to account number 100-4011- 471301-2254 (Administration-State Grants-CLEEP High Technology Grant) for the purchase of an automated booking and digital mug system. FISCAL IMPACT: The City of Orange was awarded $37,015.14 through the CLEEP High Technology Grant. The funds were received on December 16, 2002 and were deposited in revenue account 100-4011-262900-2254. After appropriation, funds will be available in the Administration Program budget for the purchase as follows: 100-4011-471301-2254 $37,015.14 State Grants-CLEEP High Technology Grant PAGE 8 CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) BIDS TAPE 1590 (REMOVED AND HEARD SEPARATELY) 3.15 Installation of traffic signal, safety lighting, street lighting and street improvements at various locations in the City of Orange, Bid No. 034-20. Approval of plans and specifications and advertising for competitive bids. (S4000.S.3.3) SUMMARY: Plans and specifications have been completed for installation of traffic signal and street improvements at various locations in the City. Discussion Mayor pro tem Cavecche asked about proposed the lights at Cambridge and Pine and if the community had been notified of these new lights. The Public Works Director, reported test lights were installed and the City received favorable responses from the neighborhood. They are salvaging all but four of the poles, and other historic poles are being refurbished and will be used in their place. Also, they will be replacing lamps on the 100 block of Pine with a new type of white lamp for a more uniform appearance oflights. Councilmember Alvarez thanked Public Works for the installation of the traffic signal at San Lorenzo and Serrano, as he received a lot of comments from nearby residents on how dangerous that area was with just a four-way stop. MOTION - Cavecche SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved the plans and specifications and authorized advertising of Bid 034- 20. FISCAL IMPACT: Funds for this project are available utilizing Gas Tax Funds in the following accounts: $96,255.00 272-5032-483100-6456 Freeway Bridge Lighting - 4 Locations Signal Serrano Ave. & Parkhurst Dr. and Street Improvements - Serrano Ave. Street Lighting - Cambridge St. & Pine St. $50,000.00 $90,000.00 262-5032-483100-6468 272-5032-483100-6022 PAGE 9 -J CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) 3.16 Approval of plans and specifications and authorization to advertise for bids - Bid No. 034-32 Fuel Storage Tanks. (C2500.M) SUMMARY: Plans and specifications have been completed for the removal of underground fuel storage tanks and the installation of above ground tanks at several City facilities. The project is estimated at $250,000. ACTION: Approved plans and specifications and authorized advertising for bids for removal of underground fuel storage tanks and installation of above ground fuel storage tanks at various City facilities. FISCAL IMP ACT: Funds are available in the following accounts: $235,000 720-5023-484400-9855 (Fuel Storage Tank Replacement - Safety) $ 17,000 120-3021-484400-2632 (Fuel Tank Install- Fire Station 3) 3.17 CLAIMS (C3200.0) 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, is the recommendation of the City Attorney's Office that the claim( s) be denied. a. Estate of Thomas Ford b. Ruth Lavornia c. Joseph Lipsey d. Jaime Lopez e. Brian Wroblewski ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.18 Bid No. 034-12. Award contract to Sudhakar Company, International for citywide striping and pavement markings. (A2l00.0 AGR-4371) SUMMARY: Three bids were received for the citywide contract to provide traffic striping and pavement marking services. Sudhakar Company, International submitted the lowest responsible bid in the amount of$86,195.00. ACTION: Accepted the bid submitted by Sudhakar Company, International in the amount of $86,195.00; and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: $87,500 is available for this project in the 2003-04 budget in the Contractual Services Account No. 273-5032-427100 (Gas Tax Exchange) funds. PAGE 10 CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) 3.19 2003-04 Animal Control Services Contract with the County of Orange (AGR-0135.P) SUMMARY: The City of Orange contracts with the County of Orange for animal control field and shelter services. The term of this annual renewal is July I, 2003 through June 30, 2004. The Contract amount is $349,766. Note: Councilmember Ambriz abstained on this item due to a possible employment conflict. ACTION: Approved the proposed contract for animal control services between the City of Orange and the County of Orange in the amount of $349,766 and authorized the Mayor and City Clerk to execute the agreement on behalf ofthe City. FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2003-2004 in Account No. 100-0000-427100-2350 (Non-Dept.-Contractual Services-Animal Control). 3.20 Final Acceptance of Bid 023-28; SP-3373; Grijalva Park Improvements (Volleyball and Basketball Courts) and authorization to file Notice of Completion with the County Recorder (No staff report required). SUMMARY: Bid 023-28; SP-3373; Grijalva Park Improvements (Volleyball and Basketball Courts). Contractor: Klassic Engineering & Const., Inc.. Staff recommends acceptance of improvements. ACTION: Accepted public work improvement, authorized release of Developers Surety and Indemnity Company of Iowa, Bond No. 834583P in the amount of $98,500.00, and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMP ACT: None. 3.21 Award of Contract to Comlock Security Group for Security System Upgrades at Civic Center and Corporation Yard. (A2100.0 AGR-4372) SUMMARY: This phase of the Citywide security enhancement program calls for expansion of the computerized card access system already installed at the Public Works/Community Development Building to include the Administration, Finance and Corporation Yard Buildings. In addition, the contractor will modify the locks on the two half doors in the Public Works/Community Development Building to comply with fire safety requirements. The total cost for this phase of the project is estimated at $102,743. ACTION: Awarded contract in an amount not to exceed $102,743 to Comlock Security Group for upgrade of the security systems at the Civic Center and the Corporation Yard. PAGE 11 1- --- CITY COUNCIL MINUTES October 14,2003 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Funds are available in the following accounts: $ 58,891 $ 1,723 $ 42.129 $102,743 725-5028-481200-2972 (Civic Center Security Upgrade) 725-5028-481200-9809 (City Facility Improvements) 725-5028-481200-9825 (Corp. Yard Security System Upgrade) Total DONATIONS 3.22 Accept donation from Mr. Don Flora, Owner of Alliance Heating and Air Conditioning, and appropriate funds for purchase of a new police service dog for the Police Department's Canine Program. (C2500.K) SUMMARY: Alliance Heating and Air Conditioning, located at 638 W Southern Avenue in the City of Orange, has graciously donated $6,000 for the purchase of a new police service dog for the Orange Police Department's Canine Program. ACTION: Accepted the donation of$6,000 from Mr. Don Flora, for deposit into revenue account 100-4021-293900 (Patrol-Donations); and appropriated the $6,000 to account 100-4021-475100-2307 (Other Capital Outlay-K9/SWAT Donation) towards the purchase of a new police service dog. FISCAL IMP ACT: There will be no impact to the General Fund as Alliance Heating and Air Conditioning has donated the funds. After appropriation, funds will be available in the Patrol Program budget for the purchase as follows: 100-4021-475100-2307 $6,000 Other Capital Outlay- K9/SW A T Donation 3.23 Request approval of the donation of two surplus fire engines to the Santa Ana College Fire Technology Program Basic Fire Academy. (C2500.H) SUMMARY: The City of Orange Fire Department has just replaced two old pumpers. The old pumpers would normally go out to sale as a surplus bringing in minimal revenue to the City. Santa Ana College is in need of fire apparatus to be used in the training of firefighters. It is the Fire Department's desire to assist them by donating the old pumpers to them. ACTION: Authorized the Fire Department and Fleet Services to donate two surplus fire engines to the Santa Ana College. The units are both 1986 Beck C118 Pumpers. Unit 30-650 has 137,000 miles and Unit 30-651 has 149,000 miles. FISCAL IMPACT: Surplus equipment sold for approximately $1,500 last year. The City would lose approximately $3,000.00 in revenue. PAGE 12 CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) PURCHASES 3.24 Purchase of hand-held Laser guns and holders for Police Traffic Bureau. (C2500.K) SUMMARY: The radar guns currently in use for traffic enforcement are several years old and have been requiring frequent repair. The Police Department would like to purchase 13 guns from Laser Technology, Inc. and 15 holders from David Aguirre Enterprises with Local Law Enforcement Block Grant (LLEBG) funds. ACTION: I) Appropriated $1,245 of accrued LLEBG 2002 interest to account 353- 4011-471301-2236 (Federal Police Grants-LLEBG 2002) and 2) Authorized purchase of 13 laser guns from Laser Technology, Inc. in the amount of $42,032.26 and the purchase of 15 holders from David Aguirre Enterprises (as sole source vendor) in the amount of $3,247.50 from LLEBG 2003 grant monies and LLEBG 2002 interest funds. FISCAL IMP ACT: After appropriation, funds will be available in the Administration Program budget for the purchase as follows: 353-4011-471301-2243 353-4011-441101-2236 $45,000 $ 1,245 Federal Police Grants-Equipment-LLEBG 2003 Federal Police Grants-Equipment-LLEBG 2002 RESOLUTIONS 3.25 RESOLUTION NO. 9763 (S4000.S.4) A Resolution of the City Council of the City of Orange rescinding that portion of Resolution No. 9701 temporarily closing a portion of Shaffer Street on October 10-11, 2003, and adopting a revised resolution temporarily closing Shaffer Street from Moreland Drive to Almond Avenue from 5:00 A.M. thru 9:00 P.M. - Saturday, November I, 2003, for a special event at St. John's Lutheran Church. ACTION: Approved. SPECIAL EVENTS (REMOVED AND HEARD SEPARATELY) 3.26 Request for temporary suspension of permit parking restrictions within Chapman University Permit Area, (downtown area) for a special event. (S4000.S.3.1.2) SUMMARY: Chapman University will hold their annual homecoming celebration at their campus during the weekend of October 25, 2003. Due to anticipated attendance it may be necessary to park in the surrounding residential neighborhood, which restricts on- street parking except by Permit. PAGE 13 CITY COUNCIL MINUTES October 14, 2003 3. CONSENT CALENDAR (Continued) Discussion Councilmember Ambriz noted there was not much time before this event and wanted to ensure that Chapman University got notices out to the surrounding neighborhood as quickly as possible. Councilmember Coontz stated it should be the responsibility of Chapman University to send out notices as the City should not have to pay for that. MOTION - Ambriz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved. FISCAL IMPACT: None MOTION - Alvarez SECOND - Cavecche AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.8, 3.9, 3.10, 3.15 and 3.26 were removed and heard separately. Councilmember Ambriz abstained on Item 3.19. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR MURPHY TAPE 1780 4.1 Appointment of Planning Commissioner; term to expire April 30, 2004. Mayor Murphy announced that after consulting with Councilmember Ambriz, he IS recommending Ken Domer for appointment to the Planning Commission. MOTION - Ambriz SECOND - Murphy AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to appoint Ken Domer to the Planning Commission to fill the vacancy left by Ken Romero; term to expire April 30, 2004. PAGE 14 CITY COUNCIL MINUTES October 14, 2003 5. REPORTS FROM COUNCIL MEMBERS 5.1 Councilmembers Coontz and Alvarez - Update and direction to staff on restoration of the EI Camino Real Bell on Chapman Avenue. Councilmember Alvarez asked this report be continued to November 12, 2003 Council meeting. Off Agenda Item Councilmember Coontz asked about improvements to Hart Park, especially the concrete stairs and if ADA funds could be used for this. She asked if the Parks Commission had discussed this issue; and wanted to ensure the Council was receiving Parks Commission Agendas. Gabe Garcia, Community Services Manager, reported the Parks Commission had heard the item on the Hart Park renovation, which includes the bandshell, signage, stairways, infrastructure and ADA improvements. Gary Wann, Community Services Director, stated he would ensure the Council received Parks Commission Agendas. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Report from the Interim Finance Director on the annual review and approval of the Statement ofInvestment Policy (SIP) for Fiscal Year 2003-04. (OR1800.0.27.l6.2) SUMMARY: Per the recommendations from the Investment Advisory Committee and Investment Oversight Committee, it is proposed that no changes be made to the City's and the Redevelopment Agency's Statement of Investment Policy with the exception of minor language changes to clarify the reporting requirements shown in Section 4.1 (e). (See Redevelopment Agency Agenda Item No. 5.1) Rich Jacobs, Interim Finance Director, provided a report. In response to questions by Councilmember Ambriz, it was reported that according to this policy, if the Council wants a special audit, the Council would need to take action as a group. Otherwise, it is included as part ofthe City's annual audit. RESOLUTION NO. 9774 A Resolution of the City Council of the City of Orange approving and adopting a Statement of Investment Policy for Fiscal Year 2003-04. MOTION - Ambriz SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt Resolution No. 9774. PAGE 15 - - T- ---- CITY COUNCIL MINUTES October 14, 2003 7. ADMINISTRATIVE REPORTS 7.1 Report from Rick Otto, Senior Housing Manager - Affordable Housing Loan Agreement, 1844 East Wilson (A2l00.0 AGR-4373) SUMMARY: Orange Housing Development Corporation (OHDC) plans to acquire and rehabilitate a 10-unit apartment building located at 1844 East Wilson Avenue. The total estimated cost of the project is $1,327,460. Under the terms ofthe proposed Affordable Housing Loan Agreement, the City will provide $313,020 in federal HOME funds and the Agency will provide $730,380 Housing Set-Aside funds in the form of a 65-year loan. In return for the assistance, the units would remain affordable to low income households for a 65-year period. (See Redevelopment Agency Agenda Item No. 7.1) Rick Otto, Sr. Housing Manager, provided a report. Mayor pro tern Cavecche pointed out the Council had not received an appraisal on the property; and although it is a great project, the Council is being asked to approve a loan for property with no appraisal. Mr. Otto explained the agreement approval will allocate the funding for the purchase. The appraisal is currently being conducted and it will be completed before escrow closes. If the appraisal does not come in at the value of the purchase, it would not allow the City to fund the agreement and an amended agreement would be necessary. He noted, however, that comps in the area do support this purchase. The Council noted this is a great project, and how this area really needs improvement; and thanked OHDC for their efforts. MOTION - Cavecche SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: I. Adopted Resolution No. 9780 A Resolution of the City Council of the City of Orange approving an Affordable Housing Loan Agreement by and between the City of Orange, Orange Redevelopment Agency and Orange Housing Development Corporation regarding 1844 East Wilson Avenue and making certain findings. 2. Transferred $102,033 from account 317-9660-485100-1210 (HOME Community Housing Development Organization [CHDO] Funds) and $210,987 from account 317-9660-485100-1250 (prior year HOME Developer Funds) to account number 317-9660-485701-9209 (HOME - Wilson Avenue 2 Loan project account) for the project. [CITY] 3. Transferred $330,000 in Set-aside Funds (Fund 941) from unappropriated reserves to account 913-9800-485701-9209 (Housing Loan - Wilson Avenue 2 Loan project account). [AGENCY] PAGE 16 CITY COUNCIL MINUTES October 14, 2003 7. ADMINISTRATIVE REPORTS (Continued) 4. Appropriated $400,380 from unappropriated reserves in Housing Loan Fund (Fund 913) to account 913-9800-485701-9209 (Housing Loan - Wilson Avenue 2 Loan project account). [AGENCY] FISCAL IMP ACT: After approval of the recommended transfers and appropriations, Housing Set-Aside funds and federal HOME funds are available for this purpose in the above listed accounts. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 19-03 (SECOND READING) (A2500.0 Parking) An Ordinance of the City Council of the City of Orange amending portions of Chapters 10.30, 10.34 and 10.42 of Title 10 of the Orange Municipal Code relating to parking time limitations on Plaza Square and both permit parking requirements and parking time limitations on certain municipal parking lots serving the central public square and circular plaza at Glassell Street and Chapman Avenue. MOTION - Cavecche SECOND - Coontz AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSTAIN - Alvarez Moved that Ordinance No. 19-03 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO 20-03 (FIRST READING) (A2500.0 City Manager) An Ordinance of the City Council of the City of Orange amending Orange Municipal Code Sections 2.16.030 and 2.16.060 pertaining to delegation of duties of the City Manager. MOTION - Murphy SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to continue Ordinance No. 20-03 to October 28,2003. 9.3 RESOLUTION NO. 9776 (A4000.0 APP-492) TAPE 2250 A Resolution of the City Council of the City of Orange certifying the adequacy of Final Environmental Impact Report No. 1647-00 prepared for the 1l0-acre Fieldstone Communities project which consists of a six-acre public park; 38 acres of open space and multi-use trails; a two-acre horse stable; and 64 acres for 177 single family low density residential units. The PAGE 17 T- CITY COUNCIL MINUTES October 14, 2003 9. LEGAL AFFARIS (Continued) development is bordered generally by Santiago Canyon Road to the south, Cannon Street to the west, the Mabury Ranch Development to the north and The Reserve development to the east. Applicant: Fieldstone Communities, Inc Discussion Mayor Murphy commented that one of the key things he is still concerned about in moving forward is the efforts being put together in terms of school site negotiations. He had it on good authority from representatives from Fieldstone that those efforts are going to continue; but has also heard from public announcements that they have disbanded or ceased. He was very hopeful, and will be watching very carefully, to see if there isn't a way for a school site to be included on that particular location. Councilmember Alvarez stated he and Mayor Murphy have taken the opportunity to talk to some of the school board members and Fieldstone and hope that some negotiations can continue. It is pretty clear for Council that the Council has gone as far as they can as partners with the School District. With that, the Council is pretty much finished and he hopes that something can be concluded. Councilmember Alvarez also reported he has gotten a lot of comments from people around town on the amount of information that was disseminated that night from Ms. Angus, the Community Development Director and Roger Hohnbaum, Assistant City Engineer, who was sitting in for Harry Thomas. Councilmember Alvarez wanted to publicly thank them and their staff. They got out a lot of information and he received a lot of good comments from the community that watched that night that the public learned a lot about how this process works; and it is important to say thank you. Councilmember Ambriz asked about Condition of Approval No. 173, which basically states that Fieldstone shall make a good faith attempt to complete negotiations; so regardless of whether they come up with an agreement or not, it states that they can complete this development as is. Right now, based on this document, there is nothing that really ties them to this school. It just says that they can negotiate in good faith and good faith is going to be determined by them as being at the table, so they are in good faith right now. But there is nothing that says there has to be a school site on that property. In addition, Condition of Approval No. 104 talks about $2.1 million. It says that $2.1 million shall be spent on above ground improvements. It says that the below ground costs associated with the construction of the park, those are going to be coming to the City. When cleaning up land is discussed, which everyone knows there has to be some remediation there, the cost is not known until you actually go into the soil to figure out the cost. David DeBerry, City Attorney, stated the language that Councilmember Ambriz is referring to requires Fieldstone, as part of its creation of a Community Facilities District, to account for $2.1 million in above ground improvements for the park improvements at the park. On top of that, that is in addition to the requirement that they have to remediate the park and put the park to the City's Quimby standards, which would be grass, curb and gutter, irrigation systems, and the like. PAGE 18 CITY COUNCIL MINUTES October 14, 2003 9. LEGAL AFFAIRS (Continued) The $2.1 million is for all improvements above and beyond that and they are not alleviated of their requirement to remediate the property and put it to a condition that they would have had to under Quimby standards. MOTION - Coontz SECOND - Alvarez AYES - Alvarez, Murphy, Coontz NOES - Ambriz, Cavecche Moved to adopt Resolution No. 9776. 9.4 RESOLUTION NO. 9777 (A4000.0 APP-492) A Resolution of the City Council of the City of Orange adopting Mitigation Monitoring Program and Statement of Overriding Considerations pertaining to Fieldstone Communities Development consisting of approximately 110 acres of low density residential housing, open space, multi-use trails and public park (General Plan Amendment No. 1-01, Tentative Tract Map No. 15750). Applicant: Fieldstone Communities, Inc. MOTION - Alvarez SECOND - Coontz AYES - Alvarez, Murphy, Coontz NOES - Ambriz, Cavecche Moved to adopt Resolution No. 9777. 9.5 RESOLUTION NO. 9778 (A4000.0 APP-492) A Resolution of the City Council of the City of Orange approving a General Plan Amendment to redesignate approximately 110 acres of property located south of Mabury Avenue, north of Santiago Canyon Road and west of the residential development known as "The Reserve". The property's general plan designation currently consists of approximately 16 acres of open space, 16 acres of low density residential and 78 acres of resource area. The property will be redesignated by this resolution to approximately 44 acres of open space and public park and 66 acres of low density residential. This General Plan Amendment will remove that portion of the property located north of Santiago Canyon Road, east of Cannon Street, south of Santiago Creek and east of the study area boundaries of the East Orange General Plan from the East Orange General Plan and remove that portion of the property located north of Santiago Canyon Road, south of Santiago Creek, west of "The Reserve" and Santiago Oaks Regional Park, and east of the study area boundaries of the Orange Park Acres Specific Plan from the Orange Park Acres Specific Plan. General Plan Amendment No. 1-01 Applicant: Fieldstone Communities, Inc. PAGE 19 --T CITY COUNCIL MINUTES October 14, 2003 9. LEGAL AFFAIRS (Continued) Discussion Mayor Murphy noted there was an error in the title of the document, the word east needs to be changed to "..west of the study area..." Councilmember Coontz noted another error on Exhibit D. Exhibit D shows the area to be deleted from the Orange Park Plan, but thought it should say Orange Park Acres Plan. MOTION - Coontz SECOND - Alvarez AYES - Alvarez, Murphy, Coontz NOES - Ambriz, Cavecche Moved to adopt Resolution No. 9778, with the noted revisions to the title and Exhibit D. 9.6 ORDINANCE NO 21-03 (FIRST READING) (A4000.0 APP-492) An Ordinance of the City Council of the City of Orange Approving the Reclassification of the following: (1) approximately 36 acres of property within the Santiago Creek Channel south of Mabury Avenue and north of Santiago Canyon Road from sand and gravel to recreation-open space; (2) approximately eight acres of property north of Santiago Canyon Road from sand and gravel to recreation-open space; (3) approximately 34 acres of property adjacent to Santiago Canyon Road and The Reserve development from sand and gravel to R-I-8 (residential, minimum lot size, 8,000 sq. ft.); and (4) approximately 20 acres of property south of Santiago Creek and north of Santiago Canyon Road from sand and gravel to R-I-6 (residential, minimum lot size 6,000 sq. ft). Zone Change 1208-00 Applicant: Fieldstone Communities, Inc. MOTION - Coontz SECOND - Alvarez AYES - Alvarez, Mayor Murphy, Coontz NOES - Ambriz, Cavecche Moved that Ordinance No. 21-03 be read by title only and same was set for second reading by the preceding vote. 9.7 RESOLUTION NO. 9779 (A4000.0 APP-492) TAPE 2575 A Resolution of the City Council of the City of Orange Approving: (I) Tentative Tract Map 15750; (2) Minor Site Plan Review 249-02; (3) adopting conditions of approval; and (4) denying Variance 2113-02 relating to development of an approximately 110 acre property generally consisting of a six-acre public park; 38 acres of open space and multi-use trails; a two-acre private equestrian facility; and 66 acres of low density residential. The development is bordered PAGE 20 ,----~-_._---_. --- CITY COUNCIL MINUTES October 14, 2003 9. LEGAL AFFAIRS (Continued) generally by Santiago Canyon Road to the south, Cannon Street to the west, the Mabury Ranch Development to the north and The Reserve development to the east. Tentative Tract Map No. 15750 Minor Site Plan Review 249-02 Variance 2113-02 Applicant: Fieldstone Communities, Inc. Discussion Mayor pro tern Cavecche asked about the tentative tract map. There is a lot of engineering that has to go into getting this tentative tract map built. There is a ton of engineering and a ton of different agencies have to give approval and she asked that if this tentative tract map can not be built as approved, and she understands there is some question on some of the engineering on whether this tentative tract map will ever be built as approved, what is the process that the City goes through and does it come back to the Council. The Public Works Director, stated there are two options. The requirement is that the final map must be in substantial compliance with the tentative map as approved. And generally, substantial compliance would mean the same number of lots, same type of designation on the uses of lots and the general layout of the lots would be the same. Obviously when a map is based on detailed engineering there is going to be differences from something that is done at a schematic level which is what a tentative map generally is. That would generally be done administratively, that type of finding. If that finding can't be made, if there is a substantial difference - more lots in particular is something that would immediately raise a red flag, then that could raise the possibility of filing of a new tentative map to reflect the redesign of the subdivision, in which case that would need Planning Commission and City Council approval. Mayor pro tern Cavecche asked if, by chance, a school is built out there, would that retrigger this process. The Public Works Director stated it could if the tentative map does not show a school site and it shows lots. That is not really in substantial compliance and it would have to go back through. He would defer to the legal authorities on that, but it is not something that they would approve administratively under the Subdivision Map Act. Mayor pro tern Cavecche asked if it would change the EIR requirements - if the school would go through that, and not the City, or if the City would have to. If the City is approving a new tentative tract map with a school on it, would that trigger another environmental review process. The Public Works Director stated the key element in any environmental document is that there must be a project and a project description, and the environmental document is tied to the description of that project. If that project changes, it may require an amendment to the environmental document in order to reflect that change. PAGE 21 CITY COUNCIL MINUTES October 14, 2003 9. LEGAL AFFAIRS (Continued) The City Attorney stated he would be of the opinion that it undoubtedly would require changes to the environmental document and while the school district might be the entity responsible for preparing the EIR, obviously if it makes a change to the tentative map and the other maps, there still has to be a process that would come through the City as well. Counci1member Coontz stated this doesn't really throw out the project, that there have been a number of times in the past where a tentative map was changed, so the issues that have been brought up are things that are not going to destroy the application necessarily. In other words, there's a process and the City has gone through it before. Mayor Murphy stated the substance question is if there is a change in use, that it would come back through the review cycle. Councilmember Alvarez stated he was not aware of any engineering issues that are bogging down the project, and staff can basically update the Council if there is; because if the Mayor pro tern is getting information that the rest of the Council is not getting, he would like to know. Mayor pro tern Cavecche stated that through the public hearing the questions were asked over and over again, about what agencies still had to give approval. The Community Development Director did a very thorough job of doing that, and if she wants to go through it again, she can. The Community Development Director stated Mayor pro tern Cavecche was correct, that as the developer goes through plotting out the final map, there are a number of other agencies that will need to review it, ensuring that the waters and such are not touched by the areas of the map. That may result in some changes. As to whether or not that would result in any substantial changes is unknown at this point in time. Some of the features of the area drainage plan and such may change some of the lots, but it is somewhat of an unknown. She did not think they had any information right now that says that will result in a substantial change to the tentative map, but on the other hand they do not know that it would not. Counci1member Alvarez asked if at the moment there were any issues that the Community Development Director knew of. The Community Development Director stated that no particular issue has been brought up. Councilmember Coontz stated she understands the process, which hasn't changed, but if there is anything out there that staff has concerns, then all Counci1members should receive it and not just suppose that it will work just because someone's against it. MOTION - Alvarez SECOND - Coontz AYES - Alvarez, Murphy, Coontz NOES - Ambriz, Cavecche Moved to adopt Resolution No. 9779 PAGE 22 CITY COUNCIL MINUTES October 14, 2003 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6:07 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Govemment Code Section 54957.6: City Negotiator: Personnel Director Steven Pham Employee Organization: All Bargaining Units b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham Employee Organizations: Fire and Police Associations c. Public employee performance evaluation pursuant to Government Code Section 54957: City Attorney d. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government Code Section 54956.9(b). (three potential cases). 1) Orange Unified School District Claim for Redevelopment Tax Money 2) Rate negotiations with Waste Management 3) County of Orange - Juvenile Hall Expansion Project e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. 7:00 P.M. SESSION 12. PUBLIC COMMENTS TAPE 2900 Mr. Brad Lee Essler, 1544 E. Quincy spoke on the increase in parking on street sweeping day ticket fees and the need for a housing rental cap. 13. PUBLIC HEARINGS TAPE 3050 13.1 CONDmONAL USE PERMIT 2459-03, MAJOR SITE PLAN REVIEW 293-03, MmGATED NEGATIVE DECLARATION 1719-03, AND DEVELOPMENT AGREEMENT- ST. JOSEPH HOSPITAL. (A2100.0 AGR-4374 I C3300.0 CUP 2459-03) Time set for public hearing to consider a proposal for a Master Plan for the phased redevelopment of the St. Joseph Hospital campus, and the implementation of the Phase 1 component of the project consisting of the construction of a 234,000 sq. ft. hospital building containing 150 beds and the construction of a new facilities building, and a development agreement that provides for project implementation over a 30 year period. The subject site is approximately 18 acres in size and it is located east of Main Street, north of La Veta Avenue, and south of Palmyra Avenue. PAGE 23 CITY COUNCIL MINUTES October 14, 2003 13. PUBLIC HEARINGS (Continued) Note: Mitigated Negative Declaration 1719-03 has reviewed the environmental impacts of the proposal. Staff Report The Community Development Director reviewed the project. One of the purposes for the redevelopment of this project is to replace hospital buildings in accordance with state law which requires seismic upgrades to hospitals. She reviewed the benefits of the 30 year development agreement which includes sales tax accrual for the purchase of large scale equipment from this location, a community benefit with an improved facility and an improved internal circulation system, noting the agreement does include an escalator factor for applicable fees. This is Phase I of a long term master plan to upgrade hospital services to meet future needs. In response to questions from Counci1member Alvarez, the Public Works Director reported haul routes during construction would be Main and Chapman for access to the 57 Freeway and Main and Town & Country are part of the freeway interchange pattern for access to the 22 Freeway. Applicant Larry Ainsworth, President and CEO, St. Joseph Hospital, stated this is a 30 year, $650 million process and while seismic retrofitting is mandated by state law, this is an opportunity to provide a world class facility for the community, which will include new operating rooms and more private hospital rooms. John Pangrazio, Architect, reviewed the planning strategy and timely replacement of non compliance buildings while minimizing patient disruption. He reviewed a computerized transformation of the buildings, and reviewed the existing conditions and the proposed changes. The target occupancy for Phase I is Spring 2007. Council Ouestions Counci1member Coontz asked about the demolition phase of the project and what protection there will be for the patients as dust can escape from buildings being demolished and can get into other buildings through the air conditioning system. She asked whose responsibility it is to control this and the hours this will take place. Mr. Steve Gilbert, St. Joseph Health System, explained they always try to be sensitive to the patients they serve. Their demolition follows a vacant chair philosophy, which is to build a new building, move patients into it and then move into the vacated space for demolition work. Both the Department of Health Services and the Office of Statewide Health Planning and PAGE 24 CITY COUNCIL MINUTES October 14, 2003 13. PUBLIC HEARINGS (Continued) Development have an interest in how construction is performed in existing hospital buildings with patients present. That process is heavily regulated and St. Joseph Hospital also has internal policies that relate to infection control and how construction is managed and takes place. The hospital has an internal committee that has a disease specialist on the committee and the committee performs an evaluation process before work is allowed to start. The entire area is contained and there is equipment used to create a negative air pressure to eliminate fugitive dust. Counci1member Coontz stated this is a very important issue and as long as the demolition will be done according to certain standards, that's all she can ask for. She spoke positively about the project and it is great to have a master plan for a large project. She also asked about vehicle and pedestrian circulation. The plan shows the project starting past the Providence building, and her concern is with pedestrians going in and out of the parking structure and crossing the street from the parking garage to the Providence building, especially with many disabled people crossing that street. She asked how St. Joseph was going to address ingress and egress of the parking structure at that point and the pedestrian problems; and stressed the importance of Condition No. 46 which deals with the circulation issues. Mr. Gilbert stated they have commissioned a study to look at the flow of the ingress and egress of the parking structure and believe there are opportunities to double the ingress off of Stewart and have a dual egress at a different location of the structure to reduce the queuing out on Stewart. That is currently being studied. He agreed it is a challenge for pedestrians at that location and that is why they are working to do above standard improvements at the intersection of Bush and Stewart to draw attention to the pedestrian traffic that is trying to navigate that area. Councilmember Coontz also stressed the importance of signage, noting there is a disabled area of the parking structure, which she was not aware of originally, and which should be more clearly marked. MAYOR MURPHY OPENED THE PUBLIC HEARING The following people spoke in favor of the project: Chris Layton, 18811 Silver Maple, Santa Ana Mike Immell, 12072 Marquis Circle, Santa Ana Dr. William Collins, 2261 Pavilion Drive, Santa Ana MAYOR MURPHY CLOSED THE PUBLIC HEARING TAPE 4900 Councilmember Ambriz asked about the possibility of renaming Stewart and Pepper and about a left turn signal from southbound Main onto eastbound Stewart. The Public Works Director reported staff did a study of the traffic conditions at Main and Stewart and with the planned project, left turn phasing would be desirable, particularly since this will be the main entrance to the hospital. Staff has not yet addressed the issue of the renaming of the streets, noting that the streets will be a combination of public and private streets serving the internal circulation of the project. PAGE 25 CITY COUNCIL MINUTES October 14, 2003 13. PUBLIC HEARINGS (Continued) Mayor pro tern Cavecche asked about the landscaping at the Facilities Building and the setback. The Director of Community Development clarified this is along Palmyra on the north side of the building, with a 20 foot setback. Mayor pro tern Cavecche asked about the size of the trees being used along this building, clarifying that 24 inch box trees are proposed. She wanted to ensure that the proposed trees are going to be big enough for the line of sight. Bill Cathcart, Landscape Architect, 134 S. Glassell, stated the trees on the street are a continuation of the Prunus trees that are already there; and a 24 inch Prunus is going to be about 10 to 12 feet tall at planting and will grow rapidly. King palms have also been added in front of the building with a 10 foot brown trunk height. Mayor pro tern Cavecche also asked about the noise levels; and clarified that the mechanical openings are not for venting, sound or air, but just for access to the equipment. The Director of Community Development reported there are standards for noise levels and the applicant knows that the equipment does need to be vented upward and sound tested both for vibration and sound levels to comply with the noise ordinance. Counci1member Coontz pointed out that Lime Street goes into the back of West Orange Elementary School and is sometimes used, not legally, as an entrance to the school; and asked that this be looked at for the protection of the children who might attempt to use that entrance, and check with the school to make sure that gate is locked. TAPE 5350 Councilmember Alvarez spoke on the merits of the Development Agreement because of the nature and size of the project. St. Joseph Hospital will be go through a major change and it is important that the city and hospital come together to ensure the project follows a master plan. This will be a state of the art project and a real asset to everybody who uses the hospital. He commended the architect for a beautifully planned project. Mayor Murphy stated this project is not just a reaction to state law, but a needs assessment of where the hospital needs to go and a plan has been built around that. There has been a great deal of effort and attention to detail and the project gives a clear vision of where the hospital is going. Note: The City Council convened to the Redevelopment Agency, Item No. 12.1. PAGE 26 CITY COUNCIL MINUTES October 14, 2003 13. PUBLIC HEARINGS (Continued) Council Action MOTION - Murphy SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Approved Conditional Use Permit 2459-03, Major Site Plan Review 293-03, and Mitigated Negative Declaration 1719-03 as outlined in Planning Commission Resolution No. PC-32- 03. MOTION - Murphy SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Approved Development Agreement by and between the City of Orange and St. Joseph Hospital of Orange as outlined in Planning Commission Resolution No. PC-33-03. 14. PLANNING AND ENVIRONMENT - None. 15. ADJOURNMENT MOTION - Cavecche SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche The City Council adjourned at 8:37 p.m. The next regular Council meeting is October 28, 2003. ~(I_h'.MAZ<X CASSANDRA J. THCART, CMC CITY CLERK PAGE 27 I