1/27/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON FEBRUARY 10,2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 27,2004
The City Council of the City of Orange, California convened on January 27, 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
Given by Pastor Bubba Lipscomb, First Southern Baptist Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Alvarez.
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Resolution No. 9803 was presented to Leonard Filner, expressing appreciation for his
four years of dedicated service on the Design Review Committee.
Presentation of Proclamation was made to Canine Officer Jeff Walloch upon retirement
from service of Police Service Dog Ando.
Keith Regan, Executive Director, Orange Senior Center, presented the Annual Audit of
Orange Elderly Services, Inc. Mr. Regan highlighted several of the Center's successful
programs including Meals on Wheels, OCTA's Access Program, and the telephone
reassurance program, which logs over 1,000 calls a month. (A2100.0 AGR-0974.R)
The following employees received Employee Service Awards: Greg Treloar,
Community Development Department (not present); Eric Rosauer, Police Department;
Jeff Gray, Police Department; Steve Smith, Public Works Department; Roger Elliot, Fire
Department (not present); Leroy Striegel, Public Works Department (not present).
2.
PUBLIC COMMENTS
Tape 681
Eric Noble, address on file, addressed concerns regarding the runoff plan for Santiago
Hills Phase II and East Orange Communities, and the impact these developments would
have on water quality.
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CITY COUNCIL MINUTES
January 27, 2004
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Mary E. Murphy, declaring posting of the City Council
Agenda of a Regular Meeting of January 27, 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 of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated January 8 and 15, 2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, January 13, 2004.
(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 December 31, 2003.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
(REMOVED AND HEARD SEPARA TEL Y) Tape 800
3.6 Agreement to sell the historic Edwards House to the Scharer Trust, which will then
relocate it to the southeast corner of Almond Avenue and Lemon Street as part of
the Main Library expansion project. (A2100.0 AGR-4428)
SUMMARY: The historic Edwards House, currently City-owned and located adjacent to
the existing Main Library, is to be sold and relocated elsewhere in the Old Towne Orange
Historic District as part of the Main Library expansion project. The proposed buyer is a
family trust, whose members offered the City the most attractive bid for purchase and
relocation of the historic Craftsman-style house. The Scharer Trust will pay the City $1
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CITY COUNCIL MINUTES
January 27,2004
3. CONSENT CALENDAR (Continued)
for the house and will donate an additional $10,499 to the City of Orange Public Library
Foundation. A timetable for the relocation and related land-use issues is included, with
the house move set for July of2004.
Library Services Director Nora Jacob reviewed the staff report and emphasized the
historic action this sale represents. The historical nature of the house resulted in there
being numerous qualifying issues attached to the sale of the house, including that the
house must remain in Old Towne Orange. The Trust represented by Joe and Linda Day,
best met the requirements entailed.
Speaking for the Scharer Trust, Linda Day, and daughter Barbara Day, expressed their
enthusiasm; they look forward to the improvements on the undeveloped lot and are
thrilled not only to be saving this historical house, but in keeping it in Orange.
The Council expressed their appreciation to the Days for their efforts in moving and
maintaining the historical integrity of this house; and it was noted that the Community
Video Advisory Board is filming the history of the Edwards house, including the move.
MOTION - Murphy
SECOND - Alvarez
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved agreement with the Scharer Trust to purchase the historic Edwards
House for $1 payable to the City of Orange, with an additional $10,499 donation to the
City of Orange Public Library Foundation, and to relocate the house to the southeast
corner of Almond Avenue and Lemon Street (currently 221-225 S. Lemon St.); and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: The City will directly gain $1 from sale of the Edwards House.
Filing fees and other costs associated with land-use issues in Orange are being waived for
the Scharer Trust and will instead be charged to the Main Library expansion project
budget, 65 percent of which comes from a state Library Bond Act grant award. The
$10,499 Library Foundation donation from the Scharer Trust will be designated by that
organization for the Main Library expansion.
3.7 Sewer Service Agreement - Requested by Eric and Connie Holtz to connect their
property to City of Orange sewer. (A2100.0 AGR-4429)
SUMMARY: Eric and Connie Holtz, owners of residential real property located at 20362
Randall Street in an unincorporated area of the County of Orange, have requested to
connect their house sewer lateral to the City sewer main in Randall Street. They have
executed a Sewer Service Agreement with the City of Orange and are requesting City
Council approval.
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CITY COUNCIL MINUTES
January 27,2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the connection request from Eric and Connie Holtz and authorized
the Mayor and the City Clerk to execute the Sewer Service Agreement on behalf of the
City.
FISCAL IMP ACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.8 Sewer Service Agreement - Request by Kenneth and Lorna Kirkland to connect
their property to City of Orange sewer. (A2100.0 AGR-4430)
SUMMARY: Kenneth and Lorna Kirkland, owners ofresidential real property located at
10312 Randall Street in an unincorporated area of the County of Orange, have requested
to connect their house sewer lateral to the City sewer main in Randall Street. They have
executed a Sewer Service Agreement with the City of Orange and are requesting City
Council approval.
ACTION: Approved the connection request from Kenneth and Lorna Kirkland and
authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalf of the City.
FISCAL IMP ACT: None. The property owners will pay all connection fees prior to the
sewer connection.
(REMOVED AND HEARD SEPARATELY) Tape 1053
3.9 Amendment No. 1 to Consultant Services Agreement with Alliance Acoustical
Consultants, Inc., for East Chapman Avenue Noise Study from Cannon Street to
Newport Boulevard. (A2100.0 AGR-4044.1)
SUMMARY: This contract amendment authorizes payment for additional engineering
services for the study of traffic generated noise on three legs of East Chapman Avenue in
the following order: Equestrian Drive to Newport Boulevard, Cannon Street to just east
of Canyon View Avenue, and just east of Canyon View Avenue to Equestrian Drive.
Additional engineering services would increase the consultant contract cost $29,241,
from $58,100 to $87,34\' Adequate funding is available.
Councilmember Alvarez requested clarification on this additional work; if the
neighborhood involved had been notified; and what details were missed during the initial
study.
Public Works Director Harry Thomas explained that the additional work, which has
already been done, was the result of contacts with the community groups and their input.
Councilmember Ambriz questioned if these extensive noise studies would need to be
done for Katella Avenue and the west end development.
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CITY COUNCIL MINUTES
January 27,2004
3. CONSENT CALENDAR (Continued)
Mr. Thomas stated that the East Chapman study was prompted in part by projected
increased emollment at the college; the general plan update study that is just beginning
does include an update of the noise element.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved Amendment No.1 in the amount of $29,241 to Alliance Acoustical
Consultants for the additional engineering services; 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(s):
285-5011-483300-4009
262-5011-483300-4009
550-5011-483300-4009
TSIP Area "C"
Measure "M"
Measure "M" MP AH
Total
$562,900.00
$581,250.00
$557.474.00
$1,70 I ,624.00
(C3200.0)
3.10 CLAIMS
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim( s) be denied.
a. Ryan Bourque
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Award of Contract - Bid No. 034-23, Well 18 Rehabilitation. (A2100.0 AGR-4433)
SUMMARY: This contract authorizes the cleaning and redevelopment of Well 18 to
restore lost capacity. General Pump Co. of San Dimas, CA 91773 is the lowest
responsible bidder.
ACTION: Awarded the contract in the amount of $30,250.00 to General Pump Co., 159
N. Acacia Street, San Dimas, CA 91773 and authorized the Mayor and the City Clerk to
execute on behalf of the City. Authorized contingency expenditures of $10,000 for a
total not to exceed $40,250.00.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
600-8011-425100 $40,250.00 ($30,250 + $10,000 Contingency) Maintenance of Wells
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January 27,2004
3. CONSENT CALENDAR (Continued)
3.12 Award of Professional Services Contract - Reservoir 4 Booster Pump Station.
(A2100.0 AGR-4431)
SUMMARY: This contract authorizes the Consultant to provide professional
engineering services to add pumps at the existing booster pump station at Reservoir 4.
The scope of work includes site research, hydraulic analysis, pump sizing, station layout,
electrical services, building structural design and landscaping services. The consultant
will also provide all technical specifications, bid documents, final construction plans and
"as built" plans along with limited construction services.
ACTION: Awarded the contract in the amount of $134,000.00 to Tetra Tech, Inc., 16241
Laguna Canyon Rd., Irvine, CA 92618 and authorized the Mayor and the City Clerk to
execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
601-8011-484102-8314 $134,000.00 Water CIP- Reservoir 4 P.S. Upgrade
3.13 Bid No. 034-29, Hart Park Pool Equipment Replacement; Approval of Plans and
Specifications; and, Authorization to Advertise for Bids and Purchase of the
Required Pool Equipment on a Sole Source Basis. (C2500.M.4.9)
SUMMARY: Plans and specifications are completed for removal and installation of the
pool equipment at Hart Park Pool, and the project is ready to advertise for bid. Staff also
requests that the City Council authorize the purchase of the pool equipment on a sole
source basis in the amount of $92,000.
ACTION: Approved plans and specifications and authorized staff to advertise for the
removal and installation of the pool equipment at Hart Park Pool; and, authorized
purchase of the pool equipment from Knorr Systems in the amount of $92,000.
FISCAL IMP ACT: Sufficient funds are available in the following account:
320-7021-481200-0027 (Hart Park Renovation) $92,000
RESOLUTIONS
3.14 RESOLUTION NO. 9809
(H1200.0)
A Resolution of the City Council of the City of Orange designating certain portions of
Chapman Avenue within the County of Orange as a City of Orange highway for the
purpose of construction improvements.
County Unincorporated Area: Esplanade to Earlham
ACTION: Approved.
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January 27,2004
3. CONSENT CALENDAR (Continued)
3.15 RESOLUTION NO. 9816
(C2500.H.1)
A Resolution of the City Council of the City of Orange adopting the City of Orange
Emergency Operations Plan and approving submittal of the Orange Emergency
Operations Plan to the State of California Office of Emergency Services by January 30,
2004.
ACTION: Approved.
3.16 RESOLUTION NO. 9822
(A2100.0 AGR-4432)
A Resolution of the City Council of the City of Orange approving property tax exchange
agreement between the City of Orange and the County of Orange for the annexation of
the unincorporated territories of East Orange and Santiago Hills II.
ACTION: Approve.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.6 and 3.9 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 - None.
5.
REPORTS FROM COUNCILMEMBERS
Tape 1236
5.1 Councilmember Alvarez - Presentations to Library Foundation, Community
Foundation and Santiago Creek Greenway Alliance.
In his final year on the City Council, Councilmember Alvarez wanted to take an opportunity to
bring attention to some good causes in Orange, by re-investing campaign donations to the
following: the Senior Center, $1,000; Plaza Fountain Restoration, $300; Library Foundation,
$500, accepted by Library Services Director Nora Jacob; Community Foundation, $500,
accepted by Roger Hobbs; Santiago Creek Greenway Alliance, $500, accepted by David Piper.
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CITY COUNCIL MINUTES
January 27,2004
5. REPORTS FROM COUNCILMEMBERS (Continued)
5.2 Conncilmember Coontz - Direct staff to develop a more aggressive sign control
program to eliminate illegal signs along the City's arterial highways.
Councilmember Coontz reported on the proliferation of illegal signs in the parkways along City
streets, such as Katella, Tustin, Chapman and Taft. Weekends are particularly bad. With tight
budgets, the City no longer has staff to remove the signs, and even when sweeps are done, the
charges to the owners to retrieve their signs has not proven a deterrent.
City Attorney David De Berry agreed that his staff would be working with Public Works
Department and Community Services Department to gather evidence required. Repeated letters
to offenders has not proven to be sufficient and staff would be trying to enforce this by making it
a misdemeanor and prosecuting through superior court. Staff would also be trying to reach
agreement with owners of private property who have repeated sign violations.
Councilmember Coontz added that the sign ordinance states "protect the locally recognized
aesthetic amenities on which the City's economy and quality of life depends; safeguard and
enhance property values and protect public investment and the character of public
thoroughfares." Parkways belong to the City and signs are prohibited on parkways for the safety
of people driving.
Mayor pro tern Cavecche clarified that this effort would target businesses and not residents with
garage sales or real estate sales.
Councilmember Alvarez suggested a committee of Councilmembers could be formed to address
this issue.
Staff was directed to prepare a report with staff recommendations.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS
Tape 1651
7.1 Report from the Public Works Director - El Camino Real Bell Restoration
(C2500.M)
SUMMARY: The two original El Camino Real Bells located on West Chapman Avenue and
South Main Street are in need of maintenance. Through community efforts the Women's Club
of Orange has donated $750 toward costs required to refurbish and relocate the bells. Also, a
local business, Americoat, has volunteered to repaint the bells at no cost to the City. Council
approval is requested to deliver the bells for repainting and determination of sites for
reinstallation of the historic bells.
Public Works Director Harry Thomas reviewed the request and outlined those tasks remaining
for the Bell Committee to perform.
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CITY COUNCIL MINUTES
January 27,2004
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Directed staff to proceed with coordination of volunteer efforts to repaint the historic
EI Camino Real Bells and select tinallocations for reinstallation.
FISCAL IMPACT: None. All costs of this project are being provided by community volunteer
efforts and funding.
7.2 Report from Community Services Director - Proposed Dog Park at Yorba Park
(N1200.0 NEG-1674-01)
SUMMARY: The City Council at its meeting on August 26, 2003 approved Mitigation Negative
Declaration No. 1674-01 and the project as it pertained to the dog park, with the remaining area
as passive area of Y orba Park. The City Council will consider a revised site plan for a dog park
at Y orba Park, along with the proposed scope of improvements, costs, funding alternatives
involving participation by the Orange Dog Park Association.
Community Services Director Gary Wann reviewed the staff report, pomtmg out important
elements of the current proposed passive area and a dog park: the tot lot would be removed; the
park hours would be from 7 am to dusk; the historical monument would now be accessible; the
methane gas monitoring would continue; appropriate signage and fencing would be installed.
Two funding alternatives were proposed:
Alternative One: The Association funds the proposed park improvements in an amount
not to exceed $60,000
Alternative Two: The City funds the proposed park improvements in an amount not to
exceed $60,000 but the Association agrees to reimburse the City for project costs
pursuant to a subsequent agreement
Mayor pro tem Cavecche asked about sound protection between the dog park area and the
passive park area.
Alice Angus, Community Development Director, reported the noise consultant had reanalyzed
the plan and found that noise would be minimal compared to full development of the park with
active uses; and the hours of use were daylight only; therefore the originally proposed berm
would not be necessary.
Mayor pro tem Cavecche also requested the cost of chaining off the park in the evening and the
cost and timing to get the passive area of the park opened.
Mr. Wann responded that gating and covering for methane gas monitoring wells could be
accomplished for minimal cost.
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CITY COUNCIL MINUTES
January 27,2004
7. ADMINISTRATIVE REPORTS (Continued)
City Manager David Rudat added that costs and timing for opening the park was dependent on
the Council's decision on funding alternatives.
Councilmember Coontz clarified Funding Alternative 2 which includes monies saved from not
building improvements at Belmont Park. Reimbursement of any or all of the project costs from
the Dog Park Association is still to be negotiated in an agreement. Also important was the
neighbors concern over the lack of landscaping enhancements throughout the park.
Councilmember Alvarez stated it was his initial understanding that the City would provide space
and the Dog Park Association would put in the improvements. Also, since that time, ownership
of the property has been taken over from the County. The property is prime for development and
he suggested Council consider a timetable that can be reviewed.
City Manager Dave Rudat clarified that previously there had been dialog with the association on
options but in fact no decisions were made; the City has had ownership of the park for years and
it was a deed restriction limiting the property to park use only that had recently been lifted. If
Council decides to put a dog park on this location it can be permitted as a temporary location as
other options have not been analyzed.
City Attorney David De Berry stated the biggest change with lifting the deed restriction is that
the County does not have any financial interest.
Public Comments
The following spoke in opposition to a dog park citing issues of noise, traffic, parking and public
play areas:
. Mary Dargatz, 2534 E. Burly
. Robert Dargatz, 2534 E. Burly
. Gary Minnich, 2521 E. Burly
. Suzanne Counts, 247 S. Rosalind Drive
. Jerry Carroll, 354 S. Tracy
. Charles Schroeder, 2752 Burly
. Jerry Rickmeyer, 2535 Burly
Speaking in favor of a dog park:
. Daryl Romano, 241 S. Violet,
. Rick Cryder, 307 S. Wrightwood
In response to public comments, Director Wann explained that proposed funding was not general
fund monies, but rather restricted fees carried over from Belmont Park and could only be used
for parks. The school district was aware of possible action and was looking for alternative
parking at the rear of the school district property. The tot lot was being removed because it was
unsafe. Other parks had been examined for dog park use but none were deemed feasible.
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CITY COUNCIL MINUTES
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7, ADMINISTRATIVE REPORTS (Continued)
Mayor pro tern Cavecche stated she had visited the park site earlier that day and witnessed the
traffic problems. She made two requests if this action was approved: that staff look at this
neighborhood for permit parking and Council agree to waive permit parking fees for the
neighborhood to address the street parking issues; and that the City open the passive part of the
park, doing something about the wells to prevent liability issues.
Councilmember Coontz noted the discussion of the ROP is not directly involved with this
decision, but it is a major factor. She has spoken with the ROP Director at the County about the
parking issue and also the local ROP Director who indicated there was place in the back for
parking. She expressed concern about the landscaping at the ROP facility and the fact that
people are not sure where to park because of a lack of adequate signage. With the traffic issues,
she also did not think it was a good location for a crosswalk. She understood there have been
proposals for commercial development at this site in the past, but did not want to hold that over
anyone's head. This is a good location for a dog park, and there needs to be a commitment for a
certain amount of time, maybe 5 to 10 years.
Councilmember Alvarez stated he would like to see the impacts of all facilities near this location,
YMCA, BMX, ROP, all resolved, but realizes that is a slow process. He agreed with the idea of
permit parking program and would like to see that happen as soon as possible. He restated his
initial vote of support had been with the understanding that the Dog Park Association would pay
for the installation of the improvements. Until the financial issues are resolved, he could only
support reopening the park as a passive park. He views a dog park as a special interest and if the
agreement with the Dog Park Association comes back and addresses the financial issues from the
Association, he may be able to support it at that time.
Councilmember Ambriz clarified a public comment about the Councilmembers being members
of the Dog Park Association. He stated Councilmembers are members of many associations, and
do so to be involved in the cause or mission of a group; but did not want to be criticized for
joining organizations. He stated Y orba park is a sad example of a park and it is embarrassing
that it is not being used. He would like to see all groups concerned, YMCA, ROP, BMX, all on
the same page for this whole area. He noted that the Council did give direction to look at dog
parks, and Yorba Park has been identified as a temporary dog park. He could support Yorba as
a temporary location, but other more permanent alternatives need to be addressed.
Mayor Murphy agreed the park needs to be open and there needs to be a dog component, even
temporary, in addition to a passive park. He pointed out that if another use of the property is
identified in the future, the cost of any improvements to the park can be rolled into the sale price,
and any proceeds from the sale of the property could go into another park and another location.
He asked for assurances from staff that there would be minimal costs to open the passive park;
and also agreed with the permit parking suggestion. The School District can not be blamed for
using the parking lot at the Park up until now, but the parking issues need to be resolved once the
park use returns.
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CITY COUNCIL MINUTES
January 27,2004
7. ADMINISTRATIVE REPORTS (Continued)
Staff pointed out there would be a nominal cost to cover the wells and a some cost involved to
berm on the east side of the dog area. There will also be no bathroom facilities, but drinking
fountains.
It was noted the details of the financial arrangements will be outlined in the Agreement with the
Dog Park Association which will come back for Council approval.
It was also noted that the City Manager and staff are afforded additional monies beyond the
original $60,000, for additional berming for aesthetic purposes.
RESOLUTION NO. 9819
A Resolution of the City Council of the City of Orange making certain findings under the
California Environmental Quality Act related to a proposed dog park and related improvements
at Y orba Park.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Murphy, Coontz
NOES - Alvarez, Cavecche
ACTION:
I) Adopted Resolution No. 9819 and approved the proposed park plan with the direction to open
the passive portion of the park concurrently with the dog park portion;
2) Approved funding the proposed park improvements with the Dog Park Association
reimbursing the City for project costs pursuant to an agreement to be negotiated;
3) Authorized the City Manager or his designee to negotiate an agreement between the City and
The Orange Dog Park Association, a California nonprofit public benefit corporation (the
Association), and to return to the City Council for final approval;
4) Approved transfer of funds in an amount to be determined, and as noted, from Account 510-
7021-485100-0750 (Belmont Park) to Account 510-7021-481105-0155 (Yorba Park
Renovation);
5) Agreed Permit Parking fees were to be waived for any subsequent parking permit program in
the Yorba Park neighborhood; and
6) Directed staff to report back a timeline schedule for opening of the park.
MOTION - Ambriz
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to direct staff to analyze the long-term issues at Yorba Park.
Staff was also directed to continue communication with Orange Unified School District and
YMCA on parking issues.
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CITY COUNCIL MINUTES
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Council recessed at 7:10 p.m. and reconvened at 7:30 p.m.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1
ORDINANCE NO. 1-04 (SECOND READING)
(A2500.0 Parks)
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.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 1-04 be read by title only and same was approved and adopted by the
preceding vote.
9.2
ORDINANCE NO. 3-04 (SECOND 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-I, and Santa Fe Depot Specific
Plan to Specific Plan-Public Institution (SP-PI).
Zone Change 1223-03
Applicant: Chapman University
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABSTAIN - Cavecche
Moved that Ordinance No. 3-04 be read by title only and same was approved and adopted by the
preceding vote.
9.3
ORDINANCE NO. 5-04 (SECOND READING)
(C2300.E GPA-2002-0004)
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 - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 5-04 be read by title only and same was approved and adopted by the
preceding vote.
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January 27,2004
9. LEGAL AFFAIRS (Continued)
9.4
ORDINANCE NO 2-04 (FIRST READING)
(A2500.0 Speed Limits)
An Ordinance of the City Council of the City of Orange Amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code Pertaining to Speed Limits. Location: Y orba Street
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 2-04 was 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
Note: Council recessed to Closed Session at the end ofthe regular meeting.
The City Council recessed at 10:50 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
City's Negotiator: Personnel Director Steven Pham
Personnel Manager Mike Harary
Employee Organizations: Orange City Firefighters Association
Orange Fire Management Association
Orange Police Association
Orange Police Management Association
Top Management
b. Public Employee Performance Evaluation pursuant to Government Code Section 54957
Title: City Manager
Note: this item was not discussed.
c. Conference With Real Property Negotiators pursuant to Government Code Section
54956.8
Property: 12,905 :t square foot irregularly-shaped, vacant real property owned by the City
of Orange, which fronts on the east side of Manchester Avenue easterly of the
intersection of Compton Avenue with Manchester Avenue.
Agency Negotiator: Jim Reichert and Lisa Kim on behalf of the City.
Negotiating Parties: City of Orange and Burnham USA Equities.
Under negotiation: Price and terms of payment.
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.
PAGE 14
CITY COUNCIL MINUTES
January 27,2004
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Alex Mintzer, 465 N. Christine St., discussed concerns regarding the East Orange development
grading plans.
John Ufkes, 20121 E. Clark St., expressed concerns on the runoff management plan portion of
the East Orange development.
Tom Anderson, address on file, distributed photographs of incomplete and un-maintained trails
in the Serrano Heights development.
13.
PUBLIC HEARINGS
Tape 6211
13.1 GENERAL PLAN AMENDMENT 2003-0004; CONDITIONAL USE PERMIT
2478-03; MAJOR SITE PLAN REVIEW 286-03; MITIGATED NEGATIVE
DECLARATION 1723-03 - TRAMMELL CROW (C2300.E GPA-2003-0004)
Time set for public hearing to consider a proposal for the construction of a mixed use
development, consisting of 279 residential apartment units, approximately 4,200 square feet of
general retail space and a 4,000 square foot leasing office, on the existing 4.7 acres Orange
Garden Inn (formerly Ramada Inn) motel site at 3091 West Chapman Avenue.
NOTE: Mitigated Negative Declaration 1723-03 was prepared in accordance with the California
Environmental Quality Act (CEQA) to evaluate the potential environmental impacts of the
proposed project.
Community Development Director Alice Angus summarized the Staff Report, pointing out retail
and residential parking entrances off of Rampart Street. The impact of the project was reviewed
in the mitigated negative declaration and changes in traffic levels were not found to be
significantly different from current use. A revised resolution has been prepared which provides
for a long-term maintenance agreement with the developer.
Council Ouestions
Mayor pro tern Cavecche indicated that a condition for approval should include elimination of
the liquor license assigned to this property.
Councilmember Coontz asked for assurance that the agreement included all aspects of long term
maintenance including landscaping; and that the agreement be recorded as part of the title; as it is
very important to keep this property maintained to certain standards.
Councilmember Alvarez asked about the tax increment change from the former use to the new
development.
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CITY COUNCIL MINUTES
January 27,2004
13. PUBLIC HEARINGS (Continued)
Ms. Angus stated the project would provide fees payable to the City at just less than $4 million.
Jim Reichert, Interim Economic Development Director, estimated value after development
would be $54 million, which would result in net property tax of$270,000 annually.
Speaking for the Applicant, Brad Perozzi discussed the developer's community outreach efforts
with the Rampart Business Community, which now supports this project, and the support from
mobile home association. Trammel Crow acts as their own general contractor and manages their
properties when completed. The developer was pleased with the decision on mixed use, even if
the commercial piece is a smaller portion of the project. They are targeting young professionals
who will benefit from the business center, fitness center and conference room.
In response to Council questions, Mr. Perozzi responded that signage decisions were not
complete at this time, as the retail tenants would want visibility on Chapman Avenue. While it
was early yet to line up the retail tenants, the developer has hired a retail broker and is targeting
credit name tenants.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Lois Barke, address on file, spoke in opposition to the project.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments
Mayor pro tern Cavecche requested assurances that the boilers on the roofs were screened.
Councilmember Coontz asked that the maintenance agreement return to City Council for
approval; and that park fees generated from the proj ect be designated for use in the west end.
Mayor Murphy confirmed that the Environmental hnpact Report had reviewed the project
lighting.
Council Action:
RESOLUTION NO. 9821
A Resolution of the City Council of the City of Orange approving Mitigated Negative
Declaration No. 1723-03, Conditional Use Permit No. 2478-03, and Major Site Plan Review No.
286-03 to allow the construction of a Mixed-Use Development consisting of 279 residential
apartment units, approximately 4,200 sq. ft. of general retail space, and a 4,000 sq. ft. leasing
office, upon property located at 3091 West Chapman Avenue.
Applicant: Trammell Crow Residential
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE 16
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CITY COUNCIL MINUTES
January 27,2004
13. PUBLIC HEARINGS (Continued)
Approved Resolution No. 9821 with addition of Condition #100 regarding a maintenance
agreement to ensure that the maintenance of the project meets standards associated with
commercial and luxury apartment/residential, and provides opportunities for the City to enforce
these standards; and this new Conditional Use Permit supercedes the previous Conditional Use
Permit on the property for the purpose of removing the alcohol license from the property.
Tape 500
13.2 GENERAL PLAN AMENDMENT 2003-0006; ZONE CHANGE 1225-03;
TENTATIVE TRACT MAP 16601; MINOR SITE PLAN REVIEW 318-03; ADDENDUM
TO CERTIFIED ENVIRONMENTAL IMPACT REPORTS NO. 954 AND 1305 - SUN
CAL HOMES AND ORANGE UNIFIED SCHOOL DISTRICT (C2300.E GPA-2003-0006)
Time set for public hearing to consider a request to amend the Serrano Heights Specific Plan to
allow the development of 5.25 acres with a 97 dwelling unit residential project and dedication
and improvements for a 3.18 acre public park. The proposal includes the designation of 4.66
acres as permanent open space. The project site is located on the south side of Serrano Avenue
at the intersection with Kendra Drive.
The proposal also includes a boundary line reorganization between the City of Orange and the
City of Anaheim to realign the City Limit boundaries and transfers 0.837 acres from the City of
Orange to the City of Anaheim and 10.071 acres from the City of Anaheim to the City of
Orange.
NOTE: The environmental impacts of the proposal have been reviewed by an Addendum to
Environmental Impact Reports No. 954 and 1305.
Alice Angus, Community Development Director reviewed the history of the Serrano Heights
development, which was originally approved for up to 1800 units. This final build out phase of
the development sets total units at 1100, so there is less density. The project provides for a
townhouse component, a public park, and a slope area that will be maintained as permanent open
space. One issue that is addressed in the staff report is the timing for completion of the public
park; the applicant is asking for a compromise on this.
Council Ouestions
Mayor pro tern Cavecche ascertained that there would be no on street parking In the
development.
In response to questions from Councilmember Alvarez concerning the transfer of land between
Anaheim and Orange, Ms. Angus explained how the developer and school district worked out
this compromise; that the City of Anaheim was in favor of the transfer, and it was a much better
use for the Orange Unified School District (OUSD). The developer has filed for this transfer
with LAFCO, so the Council was not required to take action on that issue.
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CITY COUNCIL MINUTES
January 27,2004
13. PUBLIC HEARINGS (Continued)
Mayor pro tern Cavecche asked about the time line on park implementation; the process and
what the responsibilities were for the City and the applicant; and if a Performance Bond was
proposed for this proj ect.
Mr. Wann reviewed the process from design/development phase through the time that the final
plan comes to City Council for approval.
City Attorney David De Berry reviewed the condition drafted to address the concerns voiced;
that once the developer submitted the design plan to City, there would be a 180 day period to
approve it. The park would have to be dedicated within 180 days of approval or prior to the
issuance of the 30th certificate of occupancy. To address the developer's concern that the City's
approval plan may delay them, for each day the City is late issuing approval, the developer
would get an additional certificate of occupancy.
Tape 956
Representing the Applicants were Frank Elfend, Sun Cal Homes and Tom Godley, Assistant
Superintendent,OUSD.
Mr. Elfend reviewed the project, a multifamily high-density development, which is the last phase
of the Serrano Heights development. The agreement with the City of Anaheim to maintain the
OUSD play fields is unique, as this is a site that Anaheim does not own. The OUSD component
of the project is the result of a settlement agreement between Serrano Heights and OUSD; and
funds generated from this use go directly to Anaheim Hills Elementary School. The timing of
the park was an issue because of the need for approvals from other agencies. The City
Attorney's suggested modification of wording that would allow occupancy of 30 units despite
the City's schedule and weather would be acceptable. He also submitted a tentative schedule for
the three acre park.
Councilmember Alvarez questioned why the park component was not attached to the school site
to provide greater open area.
Mr. Elfend pointed out that the park area is on land in the City whereas the area behind the
project is in the City of Anaheim. OUSD still owns that property. Moving the park area would
also put the housing closer to Serrano Avenue and the newly discovered fault line. The Home
Owners Association (HOA) would maintain the slope area and all other common land.
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following spoke in opposition to the development. Their concerns included: density,
increased traffic, playing fields and promised parks.
Greg Jordan, 8016 E. Hampshire
Jeff Freeman, 2254 N. Andover Drive
Florice Hoffman, 7245 E. Crown Park,
Dan King, 2690 N. Promontory
Mark Sandford, Address on File
Tom Davidson, Address on File
PAGE 18
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CITY COUNCIL MINUTES
January 27,2004
13, PUBLIC HEARINGS (Continued)
Speaking in favor of the project and the benefits afforded to Anaheim Hills Elementary School:
Patty Jordan, 8208 E, Bailey Way, Anaheim
Phil Andrews, 374 Basil, Anaheim Hills
Kelly Adams, 1005 Burlwood, Anaheim
Lisa Smith, 491 Westridge Circle, Anaheim, noted for the record, she was speaking as a
community member.
Responding to the speakers' comments, Mr. Elfend noted the two ball fields with the soccer
overlay that is part of the settlement addresses the need for more active parks; and this project
provides funding for schools that can be used for expansion. The passive park is the type the
people who move into Serrano Height want. OUSD is working on the circulation issue at the
school. The trails committee planned the trails in Serrano Heights and they have been
constructed. The developer can not be responsible for what a sales person might tell someone;
and it has never been their intention to mislead homebuyers.
The Council recessed at 9:40 p.m. and reconvened at 9:50 p.m.
Mr. Godley, Orange Unified School District, concurred that traffic problems exist at every
school and the traffic issues are being addressed through re-design of circulation, as they are not
a result of overcrowding. The capacity at Anaheim Hills, which is a small school, is usually at
95% or 457 students but could hold up to 600. Several of the surrounding schools are also under
enrolled. These numbers were calculated last year but are updated each year. If it were
necessary to bring in portable facilities, the development fees would be used to pay for them.
Councilmember Coontz questioned the trails issue and Serrano Heights' commitment as well as
the proposed park at Apache Creek that is not complete.
Mr. Elfend responded that the trails system was in the Serrano Heights Specific Plan. The issue
was one of maintenance as Orange Park Acres (OP A) was supposed to maintain these trails.
Some of the trails in question are off-site and are part of county system. In the Development
Agreement it stated that the Apache Creek park would be completed one year after the 9001h
building permit had been issued.
City Manager Dave Rudat pointed out that 900 building permits would have been the 50% mark
for the original proj ect; but because the entire development has been scaled down, the
development is just reaching that point now.
Councilmember Alvarez asked about the timing for the school improvements and the gate
between the park and school.
Mr. Elfend stated they are looking at approximately 12 months for the school improvements; and
the gate between the school and the park will be open so the two facilities work together.
Councilmember Coontz expressed concern about what sales people are telling home buyers; and
usually the last part of a development gets all the complaints that have accumulated over time.
PAGE 19
CITY COUNCIL MINUTES
January 27,2004
13. PUBLIC HEARINGS (Continued)
In response to questions from Mayor Murphy, the Public Works Director reported there are road
improvements along Serrano which will be coming to the Council for approval in a very short
time.
In response to questions from Mayor pro tern Cavecche, Ms. Angus noted the Specific Plan only
makes reference to a passive park and not an active park.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments
Mayor pro tern Cavecche stated for the record that she wanted the already promised park
completed as soon as possible and asked staff to work on the time line to assist in the process. It
was a prior Council decision to agree to the 900 occupancy permit trigger that has resulted in
homeowners not getting the park they were promised She stated this is a good plan with a nice
style; is good for the School District and city of Anaheim, noting that Anaheim is paying for the
sports field; and is also excited about the passive park.
Councilmember Coontz stated that parks should always be built along with the development
(citing the Belmont Park example); and noted the school will provide a location for sports
activities.
Councilmember Alvarez originally voted against the Serrano Heights project, but was happy to
see it evolve into ownership properties rather than renters; and was glad to see all the benefits for
OUSD that the developer would be paying for. He would have liked to see the passive park and
the sports fields/school closer together and asked staff to try to avoid this in the future.
Councilmember Ambriz was pleased with the partnership that has evolved with this project. He
thanked OUSD for their involvement. He was also encouraged that the applicant had agreed to
address some of the issues with the residents. He noted that traffic issues are a problem at all
schools and appreciated the School District trying to address this. He also encouraged the
applicant to proactively talk with the sales staff for better communication with homebuyers.
Mayor Murphy concluded that whatever decisions might be inherited from previous Councils, it
was this Council's duty to maintain or improve on those decisions. This project meets the needs
for schools and parks and is a reduction in density from the original plan. He liked having a
schedule for the park and appreciated the communication with the School District.
Council Actions
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to fine that the EIR Addendum adequately analyzed the environmental impacts of the
proposed revisions in the Serrano Heights Specific Plan and that the revised project does not
PAGE 20
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CITY COUNCIL MINUTES
January 27,2004
13. PUBLIC HEARINGS (Continued)
have any significant environmental impacts that were not considered under previously certified
Final Environmental Impact Reports No. 954 and No. 1305 per California Environmental
Quality Act (CEQA) Guidelines Section 15164.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve General Plan Amendment 2003-0006 to amend the City's Land Use map to
create a 3.18 acre park site, designate 4.66 acres for permanent open space, and designate 4.00
acres MDR (Medium Density Residential, IS to 24 dwelling units per acre) as outlined in
Planning Commission Resolution No. PC-50-03.
RESOLUTION NO. 9824
A Resolution of the City Council of the City of Orange approving Tentative Tract Map 16601 to
allow the subdivision of 13.33 acres ofland for a public park site and a 97 unit development on
property located on the south side of Serrano Avenue at its intersection with Kendra Drive
(Serrano Heights Specific Plan - Planning Area 9-B).
Applicant: Sun Cal Companies and Orange Unified School District
MOTION -Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to February 10th.
ORDINANCE NO. 6-04 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change 1225-03 to
allow a change in the boundaries of the Serrano Heights Specific Plan and to zone
approximately 10 acres PC-SP (Planned Community-Specific Plan) upon property located on the
south side of Serrano Avenue at its intersection with Kendra Drive.
Zone Change 1225-03
Applicant: Sun Cal Companies and Orange Unified School District
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 6-04 was read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES
January 27,2004
13, PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9818
A Resolution of the City Council of the City of Orange agreeing to a Redistribution of Property
Taxes due to the Reorganization of the Serrano Heights/Anaheim Hills Elementary School Area.
MOTION - Coontz
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9818.
Note: Resolution No. 9820 was not adopted.
RESOLUTION NO. 9820
A Resolution of Application of the City Council of the City of Orange requesting the Local
Agency Formation Commission take proceedings pursuant to the California Government Code
Section 5668 to review proposed Serrano Heights/Anaheim Hills Elementary School Area
Reorganization! Annexation and indemnifying the Local Agency Formation Commission.
13,3 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
The 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 str:.:cture at property located South of Chapman Avenue between Lewis
Street and The City Drive was continued to this time from January 13, 2004.
Note: The public hearing is closed.
MOTION - Coontz
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue this item to February 10, 2004.
PAGE 22
CITY COUNCIL MINUTES
January 27,2004
14. PLANNING AND ENVIRONMENT
14.1 RESOLUTION NO. 9823
A Resolution of the City Council of the City of Orange approving a General Plan Amendment to
redesignate property located at 3001 West Chapman Avenue from general commercial to allow
high density residential, redesignate property located at 3091 West Chapman Avenue from
general commercial to establish a new overlay District H to allow an increase in F.A.R. and high
density residential, and redesignate property located in the Serrano Heights Specific Plan on the
south side of Serrano Avenue at its intersection with Kendra Drive to adjust the boundary of the
Specific Plan, designate a portion of the area for a public park site and enlarge an area designated
for medium density residential.
Applicants: BRE Properties
Trammell Crow Residential
Sun Cal Companies and
Orange Unified School District
MOTION - Murphy
SECOND - Coontz
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9823.
15. ADJOURNMENT
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at II :40 p.m.
The next regular City Council meeting is scheduled for February 10, 2004.
M MURPHY
CITY CLERK
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