1/13/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JANUARY 27, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 13, 2004
The City Council of the City of Orange, California convened on January 13, 2004 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
Father Chris Heath, La Purisima Catholic Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Joe Greenwald, YMCA Longhouse Medicine Man, and his daughter Jessica and son Kyle
presented a challenge to the Mayor and Councilmembers to participate in the Indian 500
Chiefs Race, at 11:30 a.m. on Saturday, January 31,2004 at the Village of Orange.
Presentation of William "Willie" McPherson historical photo collection, by San Juan
Capistrano Historical Society Director-Archivist Don Tryon was made to Library Board
of Trustees Chairperson Doug Westfall and Library Services Director Nora Jacob. Note:
Item 4.1 was brought forward and approved in conjunction with this item.
Mayor Murphy announced that the City Council would adjourn in memory of Mary
McAnena, Orange resident and founder of Mary's Kitchen. The Council shared thoughts
of Mary McAnena; and it was noted that Mr. And Mrs. Greinke have volunteered their
services to assist in the management of the Mary's Kitchen organization and are seeking
information about the possibility of making the site permanent. The volunteers of Mary's
Kitchen noted their lease is up at the end of June and will be seeking an extension or are
investigating the possibility of purchasing the property.
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
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CITY COUNCIL MINUTES
January 13, 2004
3. CONSENT CALENDAR (Continued)
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, Mary E. Murphy, declaring posting of the City Council
Agenda of a Regular Meeting of January 13, 2004 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 ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated December 4, 11, 18, 24, 2003.
ACTION: Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting December
9, 2003, Regular Meeting December 9, 2003 and December 23, 2003, (C2500,D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report, period ending November 30, 2003,
(C2500,F)
ACTION:
Approved.
3.6 Receive and file the audited financial statements and related financial reports for
the year ended June 30, 2003. (C2500,J.1.3)
ACTION:
Approved.
(REMOVED AND HEARD SEPARATELY) Tape 792
3.7 Receive and file Annual Financial Reports for Development Impact Fees. (C2500,J)
Councilmember Coontz asked about the parking in-lieu fees, particularly as they relate to
Old Towne. She spoke on the problems in the north parking lot behind Wells Fargo, which
continues to have problems and both the lots and streets are affected by the Presbyterian
Church, Chapman Chapel and YWCA There is a lack of control and the City needs to
look into this. The City Manager was directed to provide a report about in-lieu fees,
parking problems in Old Towne, both on lots and the streets and possible solutions.
MOTION
SECOND
AYES
- Coontz
- Alvarez
_ Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
January 13, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
AGREEMENTS
3.8 Approve renewal of amended contract with PacifiC are Life and Health Insurance
Company to provide vision insurance henefits for city retired employees effective
January 1, 2004. (A2l00.0 AGR-2939.B.2)
SUMMARY: The City currently contracts with PacifiC are Life and Health Insurance
Company to provide vision insurance benefits to retired City of Orange employees.
Staff conducted an open bid process through the City's insurance broker Mercer Human
Resources Consulting to determine if there were other insurance programs with richer
benefit levels at a premium rate equal to the existing PacifiCare Vision plan. The
PacifiCare Vision plan covers both current City employees and retired employees.
PacifiCare Vision Insurance has presented a 12-month renewal (January I, 2004 through
December 31, 2004) with no additional rate increase.
ACTION: Approved a 12-month contract with PacifiC are Life and Health Insurance
Company for retired employee vision insurance coverage, and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The total
annual amount paid to PacifiCare Life and Health Insurance Company for vision benefits
are paid through current enrolled retired personnel contributions. Retired personnel are
responsible for meeting the cost required to continue this benefit.
3.9 Agreement with St. Joseph's for Reimbursement for Cost of Traffic Surveillance
System. (A2100.0 AGR-4374.A)
SUMMARY: The subject agreement will require future development in a specified
benefit area to contribute to the costs ofa traffic surveillance system on La Veta Avenue,
extending from Main Street to Parker Street. As part of the City Council's recent
approval of the St. Joseph's redevelopment of its hospital, St. Joseph's was required to
pay for the traffic surveillance system. This agreement would reimburse St. Joseph's for
a portion of this cost should future development in the benefit area occur.
ACTION: Approved and authorized the Mayor and City Clerk to execute the
Reimbursement Agreement for Cost of Traffic Surveillance System.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
January 13, 2004
3. CONSENT CALENDAR (Continued)
3.10 Agreement for the transfer of ownership of the Police Service Dog, Ando, currently
assigned to the Police Department's Canine Team from the City of Orange to
Canine Officer Jeff Walloch. (A2100.0 AGR-4417)
SUMMARY: Canine Officer Jeff Walloch has been assigned to the police Department's
Canine Team for the past five years with Ando as his canine partner. Due to age, Ando
has reached the end of service duty. As Ando has lived with the Walloch family for the
past five years while Officer Walloch has been the dog's handler, it is the Police
Department's recommendation that his ownership be transferred from the City of Orange
to Officer Jeff Walloch.
ACTION: Approved the Agreement transferring ownership of Ando to Officer Jeff
Walloch and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: None.
3.11 First Amendment to Agreement with Recovr X, Inc. for sidewalk cleaning services
in the Plaza, Plaza Park, and Metrolink Station. (A2100.0 AGR-4201.l)
SUMMARY: The City currently has an agreement with Recovr X, Inc. for
environmental cleaning services of the concrete sidewalks in the Plaza, Plaza Park, and
the Metrolink station. The service includes the cleaning ofthe outdoor dining areas in the
Plaza. A portion of the funding for this agreement is the revenue received from the
outdoor dining permits. The current agreement provides for an extension.
ACTION: Approved First Amendment to Agreement for sidewalk cleaning with Recovr
X, Inc. to June 30, 2004 and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: Total of agreement not to exceed $46,000.00. Funding is currently
available as follows:
100-5022-427100
220-5022-427100
940-9800-424500
Contractual Services
Sanitation - Contractual Services
Redevelopment - Other Maintenance Services
$29,120.00
$ 9,470.00
$ 7,410.00
3,12 Attorney Services Agreement with the Law Firm of Woodruff, Spradlin & Smart
for personnel legal services. (A2100.0 AGR-2886,I.E)
SUMMARY: The City Attorney's office utilizes the law firm of Woodruff, Spradlin &
Smart to assist it in providing legal services in connection with personnel, police and
general liability matters. The proposed contract is for an amount not to exceed $50,000
for personnel legal services.
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CITY COUNCIL MINUTES
January 13, 2004
3, CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the Mayor and City Clerk to execute the
proposed contract with Woodruff, Spradlin & Smart for a total sum of $50,000.
FISCAL IMPACT: Sufficient funds are available in Legal Services Account No. 100-
0301-426111.
APPROPRlA TIONS
3.13 Appropriation of Transportation Equity Act for the 21 sl Century for the Santiago
Creek Bike Trail Bridge Project and Approval of the Fourth Amendment to
Professional Services Agreement between the City and KFM Engineering, Inc. for
design services for the Santiago Creek Bike Trail Bridge, (A2100,O AGR-3505.4)
SUMMARY: The City of Orange has been awarded $375,000 in Federal Transportation
Equity Act (TEA) competitive grant funds administered by the Orange County
Transportation Authority (OCTA) for the Santiago Creek Bike Trail Bridge Project. In
addition to allocating required matching funds, the City needs to appropriate these grant
funds and approve a fourth amendment to professional services agreement between the
City and KFM Engineering, Inc. in an amount not to exceed $32,940 for design services
for the Santiago Creek Bike Trail Bridge.
ACTION: Appropriated $375,000 in TEA grant funds in account 550-7021-485100-
6102 (Santiago Creek Bike Trail Bridge); amended the revenue budget in the amount of
$375,000 in account 550-7021-261500-6102 (Santiago Creek Bike Trail Bridge);
approved appropriation transfer in the amount of $125,000 from 550-5011-486700-6099
(Santiago Creek Bike Trail) to 550-7021-485100-6102 (Santiago Creek Bike Trail
Bridge); approved the fourth amendment to professional services agreement between the
City and KFM Engineering, Inc., in an amount not to exceed $32,940 for design services
of the Santiago Creek Trail Bridge; and authorized the Mayor and City Clerk to execute
the amended agreement on behalf of the City.
FISCAL IMPACT: After approval of the appropriation and transfer, sufficient funds will
be available in the following account:
550-7021-485100-6102
Santiago Creek Bike Trail Bridge
$500,000
3.14 Assembly Bill (AB) 3229 grant money for funding of Police support personnel.
(C2500.K)
SUMMARY: AB 3229 makes funds available under the FY 2003 Citizen's Option for
Public Safety (COPS) Program in the Governor's budget. The City of Orange was
awarded $200,356.25 and proposes to continue funding the civilian police support
positions using FY 2003 AB 3229 COPS Program Funds. These positions enhance the
Police Department's ability to place sworn Police Officers in the field.
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CITY COUNCIL MINUTES
January 13, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Allocated the $200,356.25 FY 2003 COPS grant award to continue funding
four (4) full-time and two (2) part-time civilian positions through June 30, 2005.
FISCAL IMPACT: The City of Orange was awarded $200,356.25 through the FY 2003
COPS grant program. These funds have been placed in a separate fund (354 - AB 3229
Supplemental Law Enforcement Services) and cannot be transferred to or intermingled
with other funds, except to facilitate appropriation and expenditures by the statute.
Interest earnings in Fund 354 will also be allocated to payroll expenditures for the six (6)
positions. This award will support the allocation plan and the approval does not require a
budget adjustment.
3.15 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, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Edna Garcia
b. Shasta Segal
c. Annette Vanderhoff
d. George Wang
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Award of Contracts - Bid No. 034-22; (1) Project No, SP-3420, AHRP (Arterial
Highway Rehabilitation Program) Project - Garden Grove Blvd, Pavement
Rehabilitation from The City Drive to Park Vine Street; (2) Project No. SP-3421,
The City Drive Pavement Rehabilitation from Garden Grove Blvd. to 300 feet South
of the 22 Freeway, (A2100,O AGR-4418)
SUMMARY: The bids were opened on December 9,2003. Eight (8) bidders responded
to the invitation for bids. The apparent low bidder is R.J. Noble Company for
$253,160.20, for the total of both projects. The Engineer's Estimate is $452,265.00.
ACTION: I) Awarded a contract in the amount of $95,508.60 to R.I. Noble Company,
for Garden Grove Blvd Pavement Rehabilitation from The City Drive to Park Vine Street
(SP-3420), and authorized the Mayor and City Clerk to execute on behalf of the City.
2) Awarded a contract in the amount of $157,651.60 to R.I. Noble for The City Drive
Pavement Rehabilitation from Garden Grove Blvd to 300 feet South of the 22 Freeway
(SP-3421), and authorized the Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
January 13, 2004
3, CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
Garden Grove Blvd. Pavement Rehabilitation from The City Drive to Park Vine Street
(SP-3420)
550-5011-483300-3223
272-5011-483300-3223
262-5011-483300-3223
Total
$233,879
$119,625
$144,846
$498,350
AHRP
Gas Tax 2105
Measure"M"
The City Drive Pavement Rehabilitation from Garden Grove Blvd. to 300 feet South of
the 22 Freeway (SP-3421)
550-5011-483300-3212
272-5011-483300-3212
262-5011-483300-3212
Total
$159,198
$ 72,095
$ 99.190
$330,483
AHRP
Gas Tax 2105
Measure"M"
3.17 Award of Contract - Bid No. 034-07j Project No. SP-3446j Hewes Street Interim
Safety Improvements from Bond Avenue to 600 feet North of Rancho Santiago
Boulevard. (A2100.0 AGR-4420)
SUMMARY: The bids were opened on November 20, 2003. Thirteen (13) bidders
responded to the invitation for bids. The apparent low bidder is TMT Development Co.,
Inc. (TK Engineering Co.) of Los Angeles for $88,091.50. The Engineer's Estimate is
$89,678.00, which is 1.8% higher than the low bid.
ACTION: Awarded the contract in the amount of $88,091.50 to TMT Development Co.,
Inc. (TK Engineering Co.) and authorized the Mayor and City Clerk to execute on behalf
of the City.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program FY 2003-04 in the following accounts:
550-5011-483300-3243
Total
$135,000
$493,000
Transportation System Improvement
Program (TSlP Area "COO)
Developer Contribution
285-5011-483300-3243
$358,000
3.18 Contract Agreement with Evans Consoles Incorporated. (AZI00.0 AGR-442I)
SUMMARY: This will provide for installation of video displays and switching
equipment as part of the construction of the City's new Traffic Surveillance and
Management Center.
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CITY COUNCIL MINUTES
January 13,2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved Contract Agreement with Evans Consoles, Inc. in the amount of
$88,686.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
550-5032-483199-3126
285-5032-483199-3126
TSM ElectronicNisual Data Links
TSM ElectronicNisual Data Links
$65,186.00
23.500.00
$88,686.00
3.19 Final Acceptance of Bid No. 034-05 - Traffic Congestion Relief Funds (TCRF)
Street Rehabilitation, FY 2002-2003 and authorization to file Notice of Completion
with the County Recorder (No staff report reauired). (A2100.0 AGR-4336)
SUMMARY: Bid No. 034-05 - TCRF Street Rehabilitation, FY 2002-2003. Contractor:
Silvia Construction. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08655313, in the amount of$219,719.50, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
PURCHASES
3.20 Purchase of street sweeper parts from Haaker Equipment Company on a sole
source basis. (S4000.S.3.1.3)
SUMMARY: Due to the increasing need for street sweeping in newly developed areas
the Public Works Department has made increased use of older reserve street sweepers.
The Public Works Department is requesting approval to purchase additional spare parts to
maintain these sweepers from Haaker Equipment Company, a sole source supplier.
ACTION: Authorized the Public Works Department to waive competitive bidding
requirements and authorized the purchase of spare parts from Haaker Equipment
Company as the sole source supplier, in an amount not to exceed $95,000.
FISCAL IMPACT: Funds in the amount of $95,000 are available in Account No. 710-
5023-447100, Parts & Supplies.
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January 13, 2004
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9789
Tape 888
(C2500.K)
A Resolution of the City Council of the City of Orange amending the Master Schedule of
Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 relating to
Parking Fines. (Continued from December 9, 2003)
Councilmember Coontz expressed concern that there was confusion on the part of the
public about the fees collected from parking citations and those collected from traffic
violations. She pointed out the fines from parking citations stay with the City but the
City receives only a portion of the fines from traffic violations; and requested a report
from the City Manager clarifying this issue.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
Note: Councilmember Alvarez asked the City Manager to investigate the problems with
"For Sale" cars parked near Katella and Handy.
3.32 RESOLUTION NO. 9803
(ORI800.0.8,1)
A Resolution of the City Council of the City of Orange expressing appreciation to
Leonard Fi1ner of the Design Review Committee for his four years of dedicated service.
ACTION: Approved.
3.23 RESOLUTION NO. 9804
(C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2003-04 adjusting lot lines of certain real property situated at 450, 474, 486 and 494
S. Estate Drive in the City of Orange, County of Orange, State of California.
ACTION: Approved.
3.24 RESOLUTION NO. 9805
(C2500.G.5)
A Resolution of the City Council of the City of Orange authorizing application for the
Mobile Source Air Pollution Reduction Review Committee Fiscal Year 2003-04 Local
Government Match Program.
ACTION: Approved.
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CITY COUNCIL MINUTES
January 13, 2004
3, CONSENT CALENDAR (Continued)
3,25 RESOLUTION NO, 9807
(C2500.N)
A Resolution of the City Council of the City of Orange Authorizing Submission of an
application for Grant Funds for the Urban Park Act of 2001 Program Under the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act
of 2002. (Application for the Construction of a Gymnasium/Sports Center)
ACTION: Approved.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.7 and 3.21 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4, REPORTS FROM MAYOR MURPHY
4.1 Recommendation to rename the Main Library to Orange Public Library and
History Center. (C2500.I)
Note: This item was approved under Item 1.4, Presentations.
Councilmember Coontz stated she would be donating a book about William McPherson to the
Center.
Nora Jacob, Library Services Director, spoke on the "history mysteries" that are regularly posted
on the library's website which help in identifying old photographs.
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Coontz - Request for follow up on the City's Unreinforced Masonry
Building Remediation Program. Tape 973
Councilmember Coontz reported that she placed this issue on the Agenda as a result of a recent
article in the Orange County Register which questioned the results of a City program to
strengthen unreinforced masonry (URM) buildings, and there are a wealth of historic buildings in
that category, primarily in the Plaza business district.
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CITY COUNCIL MINUTES
January 13,2004
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz further reported this was a wake up call as the City recognizes the value
of even one life and safety issues are the Council's main policy directive. Recent earthquakes in
California and throughout the world brought this issue to the attention ofthe press, and rightfully
so. The newspaper article was informative enough to renew her taking action. She requested
background information on the City's uilleinforced masonry retrofit program and the City
Manager followed up with an interim memo, which the Council has received.
In 1986, Senate Bill 47 was enacted mandating all California cities to adopt ordinances requiring
the strengthening of uilleinforced masonry buildings. Shortly after, in 1987, the devastating
Whittier Narrows earthquake occurred, and 200 residences and 30 business were badly damaged,
the most severe damage was to structures built before 1930.
At one of the State Historic Resources Conventions, emphasis was directed to each city to
establish a URM Ordinance to protect historical buildings; and the conference leaders focused on
Orange's Plaza District and the City's wealth of historic buildings. She immediately brought the
issue back to the City Council and the City embarked on a full scale program to protect
businesses and the community. A financial incentive, combining grants and City of Orange and
Redevelopment participation began. The original list of buildings included some which were not
actually reinforced masonry - St. John's Lutheran Church being one. Other buildings, like the
former School District Administration building have been replaced by other structures.
Staff has determined that 51 of 60 owners participated before the generous deadline of December
of 1998. This is a much lower number of non-participators than shown in the newspaper article,
but it is still a wake up calL Now there is a need to go back into the records and review the status
of all structures previously listed and investigate new opportunities for the participation of the
remammg owners.
One proposal could be utilization of the Mills Act, which the Council recently approved to
include businesses. The funding available under the Mills Act affects the City's receipt of
property tax over a given number of years, but the value of business and community protection
should be considered.
Two other issues should be included in the City's review. One would be the status of the City's
demolition ordinance, which was a concern to the Council at the time of the uilleinforced
masonry decision. The other would be a review of the volunteer work done by local architects to
promote restoration of Plaza building facades. Their work has not yet been officially accepted
by Ordinance of the City CounciL
Staff was directed to return with a report in 90 days.
Councilmember Alvarez complimented the City on a good program, noting that some building
owners chose not to participate in the past.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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January 13, 2004
7,
ADMINISTRATIVE REPORTS
Tape 1172
7.1 Report from City Attorney regarding Review of Campaign Contribution Limits,
(A2500.0 Campaign Contributions)
SUMMARY: Section 2.10.210 of the City of Orange Campaign Reform Law requires the City
Council to review the contribution limits contained therein in January of every fourth year
commencing in 1996. If the City Council determines that it wants to consider amending the
limits, it is required to do so by holding a hearing and adopting an ordinance amendment and
should direct staff to bring an ordinance amendment back for City Council consideration.
(Continued from December 9, 2003)
City Attorney David De Berry reviewed the report, noting a recent court case involving intra-
candidate transfers which he will monitor for any effects it might have on the city's limits.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
Received and filed report.
7.2 First Amendment to Agreement with Waste Management for trash collection and
disposal services. (A2100.0 AGR-3247.1)
SUMMARY: The proposed First Amendment to Agreement with Waste Management for trash
collection and disposal services will clarify how the City and Waste Management will determine
whether Waste Management is fulfilling its low rate guarantee obligations under the Agreement.
Resolution 9806 adds a return trip charge to the schedule of rates charged by Waste Management
of Orange. This charge applies when a customer's trash does not get picked up due to the fault
of the customer and the customer requests Waste Management to make a special trip to pick it
up.
City Attorney David De Berry reviewed the report.
Bob Coyle, Waste Management of California, clarified that the return trip fee was only for
commercial customers, not residential.
RESOLUTION NO. 9806
A Resolution of the City Council of the City Orange, adding a return trip charge to the schedule
of rates charged by Waste Management of Orange.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved Resolution No. 9806; and authorized the Mayor and City Clerk to execute
the First Amendment to Agreement with USA Waste of California, Inc.
FISCAL IMP ACT: None. The added charge is not applicable to the City.
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CITY COUNCIL MINUTES
January 13,2004
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from Interim Director of Finance regarding the issuance of Special Tax
Bonds for and on behalf of Community Facilities District No. 91-2. (TllOO.0.2 CFD-91-2)
SUMMARY: Community Facilities District No. 91-2 (the "CFD" or the "District") was formed
in December 1991, to finance the public improvements for the Serrano Heights residential tracts.
Special tax bonds in the amount of $34,800,000 were authorized by the City Council and issued
in November 2000 to finance the construction of the public improvements (the "Prior Bonds").
The City of Orange Community Facilities District No. 91-2 (Serrano Heights Public
Improvements) Special Tax Refunding Bonds Series 2004A and the City of Orange Community
Facilities District No. 91-2 (Serrano Heights Public Improvements) Special Tax Refunding
Bonds Series 2004B (collectively, the "Bonds") will be issued to refund the Prior Bonds, to
finance the construction of a fire station and various other public improvements benefiting the
property located in the District, to fund a reserve fund, and to pay the costs related to the
issuance ofthe Bonds.
Rich Jacobs, Interim Finance Director, reviewed the report, noting that the bonds are set to sell
February 24th.
RESOLUTION NO. 9808
A Resolution of the City Council of the City of Orange authorizing the issuance of Special Tax
Bonds of the City for and on behalf of City of Orange Community Facilities District No. 91-2
(Serrano Heights Public Improvements), and approving related documents and actions.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
Approved.
FISCAL IMP ACT: No direct fiscal impact to the City. The indirect impacts include lower annual
assessments to property owners within the CFD and a financing source for the construction of
permanent Fire Station 8 and other public improvements of benefit to the CFD.
7.4 Award of Contract - Bid No. 034-34, The Recoating of the Interior of Reservoir 4.
(A2100,O AGR-4422)
SUMMARY: This contract authorizes the recoating of the interior of Reservoir No.4, a five
million (5,000,000) gallon steel drinking water storage tank, to Robison-Prezioso, Inc., the
lowest responsible bidder.
Harry Thomas, Public Works Director, reviewed the report.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
January 13, 2004
7. ADMINISTRATIVE REPORTS (Continued)
ACTION: I) Appropriated $150,000.00 from Water Capitol Fund 601 Unappropriated reserves
into Account No. 601-8041-484400-8302 (Reservoir Recoating). 2) Awarded a contract in the
amount of $412,995.00 to Robison Prezioso, Inc., of Santa Fe Springs, CA and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: After appropriation, funds will be available in the following account:
601-8041-484400-8302
Reservoir Recoating
$461,000.00
8.
REPORTS FROM CITY MANAGER
Tape 1560
8,1 Presentation of the First Quarter FY 2003-04 Budget Report which includes the
period July 1, 2003 through September 30, 2003. (C2500,E.4)
SUMMARY: This First Quarter Report helps inform the City Council of departmental
performance for the quarter, including progress toward the achievement of departmental goals
and completion of major capital improvement projects, and summarizes the results of the City's
financial operations.
The City Manager reviewed the report.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and Filed Report.
FISCAL IMP ACT: None.
9, LEGAL AFFAIRS
9.1
ORDINANCE NO. 18-03 (SECOND READING)
(A2500.0 Parking)
An Ordinance of the City Council of the City of Orange Amending Section 10.30.040 of the
Orange Municipal Code pertaining to the neighborhood permit parking program.
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Moved that Ordinance No. 18-03 be read by title only and same was approved
and adopted by the preceding vote.
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CITY COUNCIL MINUTES
January 13, 2004
9. LEGAL AFFAIRS (Continued)
9.2
ORDINANCE NO. 22-03 (SECOND READING)
(C3300.0 CUP-2459-03)
An Ordinance of the City Council of the City of Orange approving a Development Agreement by
and between the City of Orange and St. Joseph Hospital of Orange, a California nonprofit public
benefit corporation, for approval of a Master Plan for the phased redevelopment of the St. Joseph
Hospital Campus on property generally bordered by Palmyra Avenue on the North, La Veta
Avenue on the South, Batavia Street on the East and Main Street on the West.
Applicant: St. Joseph Hospital of Orange
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Moved that Ordinance No. 22-03 be read by title only and same was approved
and adopted by the preceding vote.
9.3
ORDINANCE NO. 1-04 (FIRST READING)
(A2500.0 Parks)
Tape 1697
An Ordinance of the City Council of the City of Orange repealing and replacing Chapter 12.48
of the Orange Municipal Code pertaining to parks.
Discussion
Mayor pro tern Cavecche questioned the language regarding the use of motorized model cars in
parks.
Staff explained the differences between motorized and battery operated cars and that permits
would be required for their use in order to control problems with noise and turf damage to the
fields.
Mayor pro tem Cavecche requested clarification on the definition of "responsible person" in
relationship to dogs; and Council discussed the difficulties in requiring that dogs only be with
their owners and not dog sitters.
Bonnie Hagan, Recreation Superintendent, noted the City will be working with the Dog Park
Association on monitoring dogs at the parks.
Councilmember Coontz requested clarification on the permitting process and providing
information on the rules and regulations to the citizens.
Ms. Hagen explained that the permits were for organized use; that permits are not issued for
personal use of the parks.
Councilmember Ambriz asked for clarification on permits required for groups of 10 or more; and
if these new rules and regulations would be posted in the parks and when they would go into
effect.
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CITY COUNCIL MINUTES
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9, LEGAL AFFAIRS (Continued)
Ms. Hagan explained that groups with a permit would take precedence over a group without a
permit when using a field; that these regulations would be posted in the parks; and the
regulations go into effect 30 days after the adoption of this Ordinance.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Moved that Ordinance No. 1-04 be read by title only and same was set for second
reading by the preceding vote
9.4
RESOLUTION NO. 9799
(C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange adopting findings of fact, statement of
overriding considerations, and certifying the adequacy of Pinal Environmental Impact Report
No. 1717-03 for Amendment No. 5 to the Chapman University Specific Plan, including
associated applications for General Plan Amendment 2003-0005, Amendment to the Santa Pe
Depot Specific Plan, Amendment to the Southwest Project Area Design Standards, Zone Change
1223-03, and approval of the Chapman University Master Landscape Plan.
Applicant: Chapman University. (Continued from December 9, 2003)
NOTE: Mayor pro tern Cavecche registered an abstention on Items 9.4 through 9.8 due to a
possible conflict with her husband's employment and left the dais.
David DeBerry, City Attorney, stated modifications had been made to the Pinal EIR relating to
donations by Chapman University for street trees and lighting for the surrounding areas and a
film documentation on the cultural and building history of the area.
Public Comments
Augie Morales, 1822 Devon Place, owner of 392 Lemon Street, spoke in favor of the proposed
plan with the modifications.
Tom Schwabauer, address on file, spoke in favor of the Chapman University Plan.
Councilmember Alvarez stated that he had asked Chapman University to reinvest back into the
neighborhood impacted by the University's expansion and was pleased with the results. Thanks
to the work by Ken Ryan and EDA W, Chapman University is generously reinvesting in the
community by adding trees and street lights to the surrounding neighborhood which is a direct
public benefit, not only aesthetically, but will make the neighborhood safer.
Councilmember Coontz reported Chapman University has agreed to produce a documentary film
record and written documentation of the cultural history of the neighborhood, the history of
individual buildings and interviews, noting the University will designate who will prepare the
film and historical materials. She appreciated the information which Mr. Morales and his group
have brought forward, including the history of individual buildings, research from the historical
archives and interviews with residents and individuals. This gives the City a more complete
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CITY COUNCIL MINUTES
January 13, 2004
9. LEGAL AFFAIRS (Continued)
picture of the contributions and history of that community. Copies of the film and written
documentation will be made available at the City's new library and will provide a good
collection for the future of the City.
Councilmember Coontz noted that the community needs to review the plans and suggested that
stafflook at block grant money for some of the needed improvements.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABSTAIN - Cavecche
ACTION: Approved Resolution No. 9799 with the following modifications:
Visual Impact No.6 - Future development shall consider the continuity relative to the "The
Cypress Street Neighborhood" and Old Towne and the transition/pedestrian connection between
"The Cypress Street Neighborhood" and Old Towne. Chapman University shall provide
financial assistance in the amount of $70,000 for the purchase and installation of street trees and
streetlights on Cypress, Lemon and Olive streets between Walnut Avenue and Sycamore Avenue
(hereafter, "designated neighborhood"). Chapman University shall pay $2,800 to the City for
street trees by February 15, 2004. The $2,800 shall be used by the City or by any organization
designated by the City, for the sole purpose of purchasing and planting street trees in the
designated neighborhood. Chapman University shall pay to the City the amount of $33,600 prior
to the issuance of a certificate of occupancy for any Chapman University structure of 20,000
square feet or greater. Chapman University shall pay a second installment of $33,600 prior to
the issuance of a second certificate of occupancy for any Chapman University structure of
20,000 feet or more. In any event, whether any construction occurs or not, the total of $70,000
shall be due and payable to the City no later than January 13, 2009. The $67,200 shall be used
for the sole purpose of purchasing and installing a total of twenty-two 13-foot high "acorn style"
Old Towne street lights to be located in the designated neighborhood. The streetlights shall be
installed on or before January 13, 2009. This obligation shall not apply to certificates of
occupancy for structures that received final design approval by the City prior to January I, 2004.
Historic Resources No. 5b. -Chapman University shall prepare an original documentary film
record and corresponding original written documentation that includes: (1) the cultural history of
the neighborhood generally bounded by Walnut Avenue to the north, Palm Avenue to the south,
Glassell Street to the east and the AT & SF Railroad to the west (sometimes referred to as
"Cypress Street Neighborhood" or "Orange Barrio"); and (2) the history of the California Wire
and Cable Company and California Cordage Plant (Anaconda East and West). The film and
written documentaries shall include, but not be limited to, research of Orange Public Library
historical archives, interviews with residents and other individuals who have knowledge of the
Orange Barrio and shall be completed and approved by the City Library Director. The written
documentation must be approved prior to the granting of a certificate of occupancy of any phase
of the School of Film and Television and the film documentary within two years of the granting
of first certificate of occupancy for the School of Film and Television. Three copies of the film
in DVD format and of the written documentaries shall be made available for the Orange Public
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9. LEGAL AFFAIRS (Continued)
Library. Chapman University shall also, with the permission of the respective building owners,
research and write a historical narrative for the following buildings: the Villa Park Orchards
Packinghouse, the Cypress Street School (544 N. Cypress Street), the Old Quaker
ChurchlFriendly Center (424 No. Cypress Street), the mural on garages at 440 N. Cypress Street
and four properties located between Cypress and Lemon (337 and 343 N. Cypress and 328 and
336 N. Lemon). The written documentation shall be completed within one year of the issuance
of the first certificate of occupancy of the School of Film and Television, and three copies shall
be provided to Orange Public Library for its archives.
9.5
RESOLUTION NO. 9800
(C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange approving a Specific Plan Amendment to
redesignate approximately 17.12 acres of property into the Chapman University Specific Plan. A
portion ofthis area would be redesignated from the Santa Fe Depot Specific Plan. The portion of
the area in the Southwest Project Area is deleted from the Southwest Project Area Design
Standard. The current Chapman University Specific Plan consists of approximately 40.35 acres.
This Amendment would expand the boundaries of the current Specific Plan to a total of
approximately 57.47 acres.
Specific Plan Amendment No.5
Applicant: Chapman University
(Continued from December 9, 2003)
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABSTAIN - Cavecche
ACTION: Approved.
9.6
RESOLUTION NO. 9801
(C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange approving a General Plan Amendment to
redesignate existing General Plan Land Use designations from Low Medium Density
Residential, Medium Density Residential, Old Town Mixed Use, and Industrial to Public
Facilities Land Use Designation. (Continued from December 9, 2003)
General Plan Amendment 2003-0005
Applicant: Chapman University
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABSTAIN - Cavecche
ACTION: Approved.
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9. LEGAL AFFAIRS (Continued)
9,7
RESOLUTION NO, 9802
(C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange approving a Master Landscape Plan for
the Chapman University Specific Plan. (Continued from December 9, 2003)
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABSTAIN - Cavecche
ACTION: Approved.
9.8
ORDINANCE NO. 3-04 (FIRST READING)
(C2300.E GPA-2003-0005)
An Ordinance of the City Council of the City of Orange approving the Reclassification of
approximately 17.12 acres of property from R-2-6, R-3, C-I, M-1, and Santa Fe Depot Specific
Plan to Specific Plan-Public Institution (SP-PI).
(Continued from December 9, 2003 - previously numbered Ordinance No. 24-03)
Zone Change 1223-03
Applicant: Chapman University
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABSTAIN - Cavecche
ACTION: Moved that Ordinance No. 3-04 be read by title only and same was set for second
reading by the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:03 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel- Significant exposure to litigation pursuant to
Government Code Section 54956.9(b). (one potential case).
1) Orange Unified School District Claim for Redevelopment Tax Money
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
City's Negotiator: Personnel Director Steven Pharo
Employee organization: Orange City Firefighters Association
Orange Fire Management Association
Orange Police Association
Orange Police Management Association
c. Public Employee Performance Evaluation pursuant to Government Code Section
54957: Title - City Manager
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CITY COUNCIL MINUTES
January 13, 2004
11. RECESS TO CLOSED SESSION (Continued)
d. 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
The following people spoke in opposition to the proposed development in East Orange by the
Irvine Company:
Melissa Rodriguez, 831 N. Yvonne Place, Anaheim
Martin Achterhof, 4515 Ave. del Oro, Yorba Linda
R J. Schwictenberg, 19102 E. Smiley Drive, Orange
Sabrina Aller, 36 Acropolis Aisle, Irvine
Catherine McMillan, 407 Split Rail Lane, Anaheim
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT NO, 2002-0004; ZONE CHANGE NO. 1217-02;
MAJOR SITE PLAN REVIEW NO. 258-02; ENVIRONMENTAL IMPACT REPORT
NO. 1710-02 - BRE PROPERTIES (C2300.E GPA-2002-0004) Tape 3124
Time set for public hearing to consider a request to develop the Pinnacle at Uptown Apartments,
a 460 unit apartment complex on the 11.52 acre former Cinedome movie theater site, located at
3001 West Chapman Avenue. The proposal includes:
General Plan Amendment No. 2002-0004 - to allow high density residential development in the
General Commercial General Plan land use district.
Zone Change No. 1217-02 - to rezone the site from Limited Business (C-I) to Planned
Community-Specific Plan (PC-SP) to establish alternative development standards tailored to the
project.
Maior Site Plan Review No. 258-02 - to allow the construction of 460 apartments, a 602-space
parking structure, surface parking and recreational amenities.
Environmentallmoact Reoort No. 1710-02 was prepared for the project in accordance with the
California Environmental Quality Act.
Staff Reoort
Alice Angus, Community Development Director, briefly reviewed the components of the project
and the site plan; noting there was no affordable housing component to this project, but that the
applicant would be contributing to an affordable housing fund.
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CITY COUNCIL MINUTES
January 13,2004
13. PUBLIC HEARINGS (Continued)
Applicant
Kent Marshall, BRE Properties, 2020 Main, Irvine, described BRE as a western United States
real estate investment trust - a long term owner/operator of quality luxury apartments. He
reviewed the benefits of the project, including its contribution toward the Uptown Orange vision;
bringing in much needed housing; and generating revenue of over $8 million with in-lieu fees.
The project style is a combination of an urban, four-story wrap building and a more typical three-
story garden style building.
Mr. Marshall stated that BRE concurred with the staffs recommendation, on all points except
Condition 90 regarding a traffic signal; and asked if Condition 90 could be satisfied by a traffic
signal maintenance agreement prior to the issuance of building permits. His concern was that it
could take up to nine months for a permanent signal and would delay construction.
Harry Thomas, Public Works Director, expressed concerns about the sight distance at the
driveway; construction traffic problem; traffic signal controls; and how the safety signal needs to
be in place prior to start of any grading activity. The signal is needed solely because of this
development and the developer has agreed to the entire cost of the signal. Timing was an issue
because of the involvement of CaITrans who would be dealing with the City directly and not the
developer; and a temporary signal could be put in place but was not an ideal solution either.
David DeBerry, City Attorney, suggested a condition that the developer enter into a Traffic
Signal Maintenance Agreement with the City subject to the approval of the City Manager and
Public Works Director.
Mr. Marshall concurred that BRE was agreeable to pay any in lieu fees up front in cash or by
bond.
Councilmember Coontz requested assurances that the luxury apartments would be maintained as
luxury apartments, including the landscaping and the buildings; that there be long term assurance
of management and operation, either by deed restriction or development condition.
Mr. Marshall stated that BRE would agree to a condition about long-term maintenance.
Councilmember Alvarez asked about an affordable housing component.
Mr. Marshall explained that BRE builds strictly luxury units; that they do not own, operate or
develop affordable housing units. They are paying an up-front fee to fund affordable housing
units for the City and thought the City's agency was best suited to develop this type of housing.
Councilmember Ambriz asked what the developer had done in the way of community relations
and soliciting input from the neighbors. He also asked if BRE was working with other
developers with projects nearby on the impacts all of these projects would have on the area.
Mr. Marshall responded that BRE had worked closely with City staff and had gone out and met
with the surrounding neighbors. BRE had met with two of the other developers in the area, but
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CITY COUNCIL MINUTES
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13. PUBLIC HEARINGS (Continued)
did not meet with developers of The Block as they were unaware of the expansion of the Block
project until recently.
Mayor pro tern Cavecche commented on the fees that would be generated for parks, police and
libraries. As to the affordable housing issue, Economic Development staff had explained that the
fees generated by developments like this far outweighed what the developer could produce in the
way of affordable housing.
Ms. Angus added that the fees generated by this project would amount to $4.4 million for parks,
$300,000 for libraries and $1.3 million for affordable housing.
In response to Council questions, staff indicated there would be no parking on Chapman Avenue,
it is a gated community, and all residents would be able to park on the property.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Tape 4282
The following individuals spoke in opposition to the project, stating concerns of increased
traffic, noise, poor air quality, lack of parks and open space in West Orange; high density, ADA
compliance, and the need for affordable housing.
John Baker, 1051 Arbor Way
Lois Barke, address on file
Scott Bottomly, 1005 Arbor Way
Margarita Fleener, 300 N. Rampart #163, Park Real Mobile Home Park.
Roy Shebazian, 3808 E. Palm, spoke in favor of the project, noting the need for housing for
young professionals and the shortage of housing in Orange County.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Councilmember Alvarez asked about the building codes requiring handicapped accessibility.
Project Architect, Bruce Partosek, Architects Orange, explained the rules on handicapped
accessibility and adaptability. All of the units in the wrap building are accessible, and therefore
all are adaptable. In the garden style section of the project, only ground floor units are
accessible.
Mayor pro tern Cavecche requested clarification on the overlay.
Director Angus explained that when the general plan was updated over 13 yrs ago, the decision
was made to concentrate density levels in the Uptown Area. The vision plan prepared by the
Diamond Group was later used as a guide for this density. The overlay was developed so as not
to create a separate general plan category but to overlay changes where appropriate. On the
question of what happens if this group does not go ahead with the development, the proposed
general plan changes provides for a range of density for the residential component and for mixed
use.
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CITY COUNCIL MINUTES
January 13, 2004
13. PUBLIC HEARINGS (Continued)
Mayor pro tern Cavecche then asked Economic Development Staff why no commercial
development had been found for this site.
Jim Reichert, Acting Director, Economic Development, explained that the site did seem ideally
suited for commercial development; however, all efforts of the past eight years to attract
commercial development to the area had not been successful. The area is oversaturated with the
commercial types the City would like to see move into that space.
Councilmember Coontz thanked BRE for the presentation. This particular development site has
always been looked at as an area where there could be greater density, especially given the
improvements to the 5 Freeway. The area is overpopulated with offices; and the need for
housing is the number one concern everywhere, not just Orange County. She reiterated her
concerns over the need for controls whenever there is any large residential development.
Councilmember Ambriz asked BRE if they would consider making ten percent of the project
affordable.
Mr. Marshall stated that BRE could not agree to do that.
Councilmember Coontz suggested that the City could designate areas on the updated General
Plan for affordable housing.
Council Comments:
Mayor Murphy stated that whenever a new concept is introduced, it draws attention and concern.
Now that Council has gotten a closer look at this style of housing, a style that people are looking
for, there is a lot of enthusiasm for the project. The dollars that will be contributed to parks,
schools, libraries and safety services are considerable. He agreed that the concept of designating
an area for affordable housing in the General Plan needs to be explored; and supports this project
as BRE has done a great job.
Councilmember Coontz reiterated her request for a long term maintenance agreement to ensure
that the maintenance of the project, both for the buildings and landscaping, meets standards
associated with luxury apartments; and would like to see park fees generated by the project go to
the west end of community, pointing out that El Camino Park needs improvements. She
suggested the City look at some of the CalTrans property, as it is difficult to find park space in
urban areas.
Councilmember Alvarez stated that sometimes business needs to drive what is going on; that this
is an infill project in what appeared as a no man's land. The project offers a different type of
housing and is handicapped accessible. It is expensive construction and a high end product and
he was certain that BRE would remain as owners.
Councilmember Ambriz commented on the idea of different uses. In his meetings with the
Economic Development staff he was shown the different uses of what could be developed on the
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CITY COUNCIL MINUTES
January 13, 2004
13, PUBLIC HEARINGS (Continued)
site. He knows the area having grown up in West Orange and would like to see more
investments in West Orange, including keeping park fees generated in that area kept there.
Mayor pro tern Cavecche stated she originally wanted to see commercial development on the
site, but appreciates the property taxes generated by this project. She regretted that the citizens
in West Orange did not have a lot of input on the development and suggested a study session
with the Planning Commission to create a dialog with citizens in West Orange; and noted that
West Orange has done it's share for affordable housing.
Staff was directed to keep park fees generated by this development in West Orange.
Council Action
RESOLUTION NO. 9815
A Resolution of the City Council of the City of Orange adopting findings of fact, statement of
overriding considerations and certifying the adequacy of Final Environmental Impact Report No.
1710-02 for General Plan Amendment 2002-0004, Zone Change 1217-02 and Major Site Plan
Review 258-02 for approval of the Pinnacle at Uptown Apartments at 3001 West Chapman
Avenue.
Applicant: BRE Properties
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved with added Mitigation Measure to EIR 1710-02 relating to Condition 91:
"The applicant shall enter into a maintenance agreement with the City to ensure that the
maintenance of the project meets standards associated with luxury apartments and provides
opportunities for the City to enforce these standards along the lines of the maintenance
agreement between Orange City Mills Partnership and the Orange Redevelopment Agency."
Condition 90 of EIR 1710-02 was modified by the addition of the following language: "In lieu of
these requirements, the applicant will enter into a traffic signal maintenance agreement which
meets the approval of the Public Works Director and the City Manager."
RESOLUTION NO. 9817
A Resolution of the City Council of the City of Orange approving Major Site Plan Review No.
258-02 to allow the construction of a 460 unit apartment complex at 3001 West Chapman
Avenue.
Applicant: BRE Properties
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CITY COUNCIL MINUTES
January 13, 2004
13, PUBLIC HEARINGS (Continued)
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved with modifications to ensure long term maintenance of the project; and
requiring the applicant to enter into a Traffic Signal Maintenance agreement with the City that
meets the approval of the City Manager and Public Works Director.
MOTION - Ambriz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve General Plan Amendment No. 2002-0004 as outlined III Planning
Commission Resolution No. PC 41-03.
ORDINANCE NO. 5-04 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property located at 3001 West Chapman
Avenue from C-I to PC-SP.
Zone Change No. 1217-02
Applicant: BRE Properties
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 5-04 be read by title only and same was set for second reading by the
preceding vote.
TAPE TWO-5
13.2 CONDITIONAL USE PERMIT NOS. 2461-03, 2462-03, 2463-03; MAJOR SITE
PLAN REVIEW NO. 297-03 AND 300-03; DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF ORANGE AND ORANGE CITY MILLS LIMITED PARTNERSHIP;
FINAL ENVIRONMENTAL IMPACT REPORT NO. 1721-03 - MILLS CORPORATION
Time set for public hearing to consider a proposal for a long term development plan for
expansion of The Block at Orange, including a mixed use development of a 500 dwelling unit
apartment complex incorporating 35,000 square feet of existing commercial space; two hotels,
one containing 125 rooms and the other containing 175 rooms; 120,000 square feet of new
retail/restaurant area; and a 1,211 space parking structure at property located South of Chapman
Avenue between Lewis Street and The City Drive. The proposal includes:
Conditional Use Permit No. 2461-03 and Major Site Plan Review 297-03 - to allow a mixed use
development (residential and commercial) on property zoned C-2.
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CITY COUNCIL MINUTES
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13, PUBLIC HEARINGS (Continued)
Conditional Use Permit No. 2462-03 - to allow the construction of a 175 room hotel.
Conditional Use Permit No. 2463-03 - to allow the construction of a 125 room hotel.
Major Site Plan Review No. 300-03 - to allow construction of a 1,211 space parking structure.
Development Agreement - to provide for project implementation over a ten year period.
Environmental Impact Report No. 1721-03 was prepared to review the environmental impacts of
the proposed project.
Alice Angus, Community Development Director, reviewed the components of the project and the
site plan.
Council Ouestions:
Councilmember Alvarez asked if the proposed parking structure behind the theater would result
in an increase in the number of parking spaces available, and if there would be joint use with the
apartment parking.
Ms. Angus noted that the project currently complies with City standards; at peak times parking
overflows onto the neighboring office properties; the parking structure does replace existing
parking spaces; and there would be a surplus of 100 spaces in the apartment parking area plus
additional parking for the retail use.
Mayor pro tern Cavecche asked about the existing Disposition and Development Agreement
(DDA) for the original project and ifit is being amended.
Acting Economic Director Jim Reichert stated that there would be no action at this time on the
existing DDA; an amendment would have to be made later to reflect the changes in the parking
areas.
Mayor pro tern Cavecche asked about the hotels being minimum service hotels; if the parking for
the apartments was subterranean and set aside only for the apartments; and asked about a shard
parking analysis that The Block has to have an agreement for additional parking with either
Equity Office Properties or someone else.
Ms. Angus explained that The Block has several restaurant and shopping opportunities that
would meet the needs of hotel guests. The parking was under the apartments, but not
subterranean. Parking at the surface level was designed for retail; the section set aside for
residents was completely isolated from that for retail with separate entrances and that Mills does
have to find an additional 900 parking stalls for this project.
Mayor pro tern Cavecche asked about the lack of agreement with CaITrans regarding
realignment of the off ramp.
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CITY COUNCIL MINUTES
January 13, 2004
13. PUBLIC HEARINGS (Continued)
Harry Thomas, Public Works Director stated that this project was not on the current project
planning list with CalTrans and the City would have to work with The Mills Corp to see that this
component is added. The City will have to enter into a Cooperative Agreement with OCTA as
the City is a participant in the freeway project in the amount of nearly $3 million in grant money,
but there would be no financial responsibility for City of Orange.
Councilmember Ambriz asked about the parking where the hotels are planned; and what would
happen if the realignment of the SR22 did not happen.
Ms. Angus clarified that the hotels included additional parking structures. As for the SR22
realignment, ifit did not occur, the Mills Corp would have to redesign the project.
Councilmember Ambriz questioned the statement that the project would have no fiscal impact on
the general fund.
City Manager David Rudat responded that it was difficult to proj ect impacts into the future; that
there would be impacts on services but that now there was no appreciable measurement of those
impacts.
Applicant
Tape 2-654
Elizabeth Link, The Mills Corporation, thanked staff for their work. She reviewed the history of
the project and spoke on the sharing parking agreement, with Equity; the parking spaces that
were strictly for the apartment residents; the revenues the project would generate for the City; the
reduced need for security with the new mixed use; the project's appeal to families; the history of
hotels being successful on other Mills properties; their goal to bring in higher income level
customers to The Block; their willingness to pay in-lieu fees; and that fact that they had just
started the process of working with CaITrans.
Johannes Van Tilberg, architect for the apartment project illustrated the mixed use elements of
the proj ect, the parking, the added layer of security the residential units will bring; and discussed
the popularity ofloft units.
In response to Council questions, Mr. Van Tilberg clarified the parking garage was under the
apartments and had separate access from the parking for the retail parking; the parking structure
was above grade and not accessible from street level; and that every unit was ADA accessible.
Councilmember Coontz commented on the popularity oflimited service hotels, especially among
women.
Dwayne Mears, The Planning Center, distributed some additional comments and responses
relating to the EIR.
Mayor pro tern Cavecche expressed concern over environmental findings regarding increased
demand for police protection services. The mitigation offered in the EIR (applicant will submit
emergency access plan to the Police Department) does not significantly mitigate this impact; and
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CITY COUNCIL MINUTES
January 13, 2004
13. PUBLIC HEARINGS (Continued)
more discussions are needed on what mitigation measures would bring this impact down from
significant to less than significant.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Tom Schwabauer, address on file, spoke in favor of the project.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Elizabeth Link summarized the Council's major issues concerning security. The Development
Agreement addresses that issue; and the developer participates in regular meetings with the
Police Department. What has not been considered is the impact the apartments will have on
demand for police services. Because additional meetings with the Police Department will be
needed, the applicant would be willing to continue the item, Ordinance No. 4-04, concerning the
Development Agreement.
Mayor pro tern Cavecche asked about the hours for security personnel; where they would find
the additional parking required for the project; and how was the 80% occupancy rate for the
hotels was derived.
Ms. Link stated that there would be security personnel on duty at the apartments during business
hours for the leasing office only; entrance to lobbies and the elevators is by card only. The
developer is working on the additional parking agreements; and could shuttle employees to
remote parking areas. The occupancy rate is actually closer to 65% than 80%.
In response to a request from Councilmember Coontz, Linda Bozung, attorney for the applicant,
suggested that the applicant put together, along with conditions already agreed to in the
Development Agreement, mitigation measures that would meet the requirements of the Police
Department.
Councilmember Ambriz suggested working for the ElR mitigation measure that did not limit the
types of safety measures.
Councilmember Coontz asked that the wording be inserted into the ElR as a mitigation measure.
Councilmember Alvarez addressed the issue of parking, specifically the CUP for the shared 900
parking stalls; and the budget for police services at the Block.
Ms. Angus confirmed that projections for peak hour demand at The Block would require The
Mills Corp to add 900 parking stalls in addition to those provided by the new parking structures.
A CUP would be required to memorialize the shared parking agreements with the neighboring
properties.
Police Chief Andy Romero reviewed staffing figures. When The Block first opened, 3 officers
were budgeted, but it quickly became apparent that five more were needed. The staffing was
adjusted to one sergeant, one corporal and six officers. In 2001, the budget was for 16,640 man-
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CITY COUNCIL MINUTES
January 13, 2004
13. PUBLIC HEARINGS (Continued)
hours, or $719,000. In 2002, it remained at 16,640 man-hours but the cost ran $818,000. In
2003, the budget was cut to 10,000 hours, or $378,000. This last figure does not include
overtime. The Police Department has worked closely with The Block and they have complied
with most of the City's requests.
Councilmember Alvarez questioned the City spending more tax dollars for Police services on a
center that generates very little tax revenue; and parking structures can generate even more crime
and there was no security at the Equity parking lot.
Chief Romero responded that even with the expansion, the Police Department did not foresee a
major increase in Police activity.
Councilmember Coontz asked if what was written in the EIR covered all the unknown issues or
if there needed to be a monetary clause added.
City Attorney David De berry responded that the City could not require a developer to pay
directly for police services. If Police services exceeded budgeted amounts, the City could go
back to The Block and ask them to enhance their security services.
Elizabeth Link agreed that The Mills would certainly be willing to work something out in such
cases. She described the foot-candles and security cameras in the new parking structures, on the
decks and the stairways. In response to the question of sales tax generation, Ms. Link pointed
out that there was no entertainment tax in California and many of the receipts, like movie tickets,
do not generate tax revenue.
Mayor pro tern Cavecche stated that staff and the applicant had done an incredible job. The Mills
Corp and the City of Orange have the same interests - to be successful; but she was not prepared
to vote at this time on the Environmental Impact Statement and suggested continuing it for two
weeks to work out some of the problems. The main concern is security, and she wanted
additional time to allow both parties to hammer out the details on public safety. If revenues for
the City do not meet the increased need for officers at The Block, then there could be some kind
of trigger mechanism that would enable the City to do something to bring that back into balance.
Councilmember Coontz noted all aspects of the development of The Block need to be covered.
The proposed lofts are similar to what is at the Plaza and brings a population into The Block.
Security is a big concern and the City will be working to solve it.
Councilmember Ambriz commented on the need to use tax dollars and police services wisely;
and questioned the time frame for action on this project.
Ms. Link responded that the 10-year term of the Development Agreement was requested because
the project would be done in stages. The AMC theatre, which ranks in the top five grossing
theaters in the nation, needs the parking structure completed by June I; and Mills needs a
decision as soon as possible to meet deadlines as there is a lot of money invested in the project.
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CITY COUNCIL MINUTES
January 13, 2004
13. PUBLIC HEARINGS (Continued)
Mayor Murphy asked if the ElR was approved at this meeting, but not the other items, what
additional entitlements would be gained.
City Attorney De Berry stated there would be no ability to do anything additionaL
Mayor Murphy stated that he shared the concerns about security; and suggested structuring the
ElR to provide full flexibility to add security issues and ensure that what is built adds
incrementally to the revenues generated without increasing expenses
Mr. De Berry proposed additional language to the ElR to meet the Council's requirements for
security issues.
Councilmember Alvarez stated he could not support spending money on an underperforming
mall that required curfew sweeps and gang sweeps. The developer, instead of bringing in better
retail, is bringing in more people, which will mean more crime.
Councilmember Coontz noted the center will provide hotel tax and property tax revenues.
Mayor Murphy stated he understood the timing constraints and suggested focusing on trying to
improve the center.
Council Actions
RESOLUTION NO. 9810
A Resolution of the City Council of the City of Orange certifying Final Environmental Impact
Report No. 1721-03, and adopting the findings of fact, statement of overriding considerations
and mitigation monitoring program, for the expansion of The Block at Orange on property
located west of The City Drive between Chapman Avenue and Metropolitan Drive.
Applicant: The Mills Corporation
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Murphy, Coontz
NOES - Alvarez, Cavecche
ACTION: Resolution No. 9810 was approved with the addition of a mitigation measure which
provides: "The developer has implemented, and will continue to implement, numerous measures
at the request of the City of Orange Police Department to enhance public protection and safety
for all aspects of the proiect site. including. but not limited to increased pay and training for
security officers, enforcement of curfew restrictions and curfew sweeps, and targeted security
prevention, including improved camera surveillance systems and response to juvenile
disturbances. These measures have reduced City of Orange Police Department expenditures for
law enforcement at The Block, which is now within 2003 budgeted parameters for staffing. The
developer shall enter into a Development Agreement with the City specifying security measures
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CITY COUNCIL MINUTES
January 13, 2004
13. PUBLIC HEARINGS (Continued)
which will be implemented to address any increased demand for police services at the project
site. The Development Agreement must be approved by the City prior to the issuance of any
building or grading permits for the proj ecl."
RESOLUTION NO. 9811
A Resolution of the City Council of the City of Orange approving Major Site Plan Review No.
300-03 to allow the construction of a 1,211 space parking structure located on property west of
The City Drive between Chapman Avenue and Metropolitan Drive.
Applicant: The Mills Corporation
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
Moved to continue Resolution 9811 to January 27,2004.
RESOLUTION NO. 9812
A Resolution of the City Council of the City of Orange approving Conditional Use Permit 2462-
03 to allow a 175 room hotel upon property located west of The City Drive between Chapman
Avenue and Metropolitan Drive
Applicant: The Mills Corporation
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
Moved to continue Resolution 9812 to January 27, 2004.
RESOLUTION NO. 9813
A Resolution of the City Council of the City of Orange approving Conditional Use Permit 2463-
03 to allow a 125 room hotel upon property located west of The City Drive between Chapman
Avenue and Metropolitan Drive.
Applicant: The Mills Corporation
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
Moved to continue Resolution 9813 to January 27,2004.
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CITY COUNCIL MINUTES
January 13, 2004
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9814
A Resolution of the City Council of the City of Orange approving Conditional Use Permit 2461-
03 and Major Site Plan Review 297-03 to allow a mixed use development containing 500
dwelling units and existing commercial development upon property located west of The City
Drive between Chapman Avenue and Metropolitan Drive.
Applicant: The Mills Corporation
MOTION - Murphy
SECOND - Ambriz
A YES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
Moved to continue Resolution 9814 to January 27,2004.
ORDINANCE NO. 4-04 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving a Development Agreement by
and between the City of Orange and Orange City Mills Limited Partnership, a Delaware Limited
Partnership, for approval of the phased expansion of The Block at Orange on property generally
located west of The City Drive between Chapman Avenue and Metropolitan Drive.
Applicant: Orange City Mills Limited Partnership
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
Moved to continue Ordinance No. 4-04 to January 27,2004.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Attorney announced that, pursuant to the Brown Act, the Board of Directors of the
Orange Redevelopment Agency unanimously approved in closed session an agreement with the
Orange Unified School District (OUSD) for the payment of $800,000 in property tax funds to
settle OUSD's claim that taxes paid by the County Auditor to the Orange Redevelopment
Agency should have been paid to OUSD. The money will be spent on athletic and recreational
facilities at Y orba Middle School and El Modena High School.
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
PAGE 32
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CITY COUNCIL MINUTES
January 13, 2004
The City Council adjourned at 11 :20 p.m., in memory of Mary McAnena, to an Adjourned
Regular Meeting, Study Session, on January 27, 2004 at 3:00 p.m. in Conference Room C to
review specific aspects of the East Orange Development Plan.
The next regular City Council meeting is scheduled for January 27,2004 at 4:30 p.m.
~~~
M~LJRP
CITY CLERK
~m
MARKAMURP
MAYOR
PAGE 33
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