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2/10/2004 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON FEBRUARY 24, 2004 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING February 10, 2004 4:30 P.M. SESSION 1. OPENING 1.1 INVOCATION Given by Mr. Warren Johnson, The Salvation Army 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Mark Murphy 1.3 ROLL CALL PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT - None 1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Boy Scout Troop 323, from S1. Cecelia's Church in Tustin, was introduced. A presentation on the City of Orange Public Library Foundation's Tile-Painting Festival, to be held February 21,2004, at Taft Branch Library, was given by Natalie Mallinger, co- host of the "Live at the Library" television show; Judy Sollee, representing the City of Orange Library Foundation; and Paula Neff, animal handler. Captain Chris Silva, California Army National Guard, presented commendations to Fire Battalion Chief Rey Montoya and Captain Chapman Shallcross for their support of the 2003 Family Support and Readiness Program. Dr. John S. Nixon, Board member, Orange County Human Relations Council, gave a presentation highlighting the past year's accomplislunents of the Human Relations Council. Dr. Fred Smoller, Human Relations Council Board member representing Orange, presented Council with a certificate of appreciation. 2. PUBLIC COMMENTS Kenneth Caplin, 2914 E. Katella, representing Orange North Rotary club, requested that the Flag of our Sister City, Queretaro, Mexico, be flown at City Hall on Peace Day, February 23,d. Rick Cryder, address on file, spoke on the proposed dog park and related costs, suggesting that the dog park issue could be put before the voters of the City. Pagel CITY COUNCIL MINUTES February 10, 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 February 10, 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 22 and 29, 2004. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, January 27, 2004 and Adjourned Regular Meeting January 27, 2004. (C2500.D.4) ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. APPROPRIATIONS 3.5 Appropriation of funds for installation of a traffic signal, safety lighting, street lighting and street improvements at various locations in the City of Orange. (S4000.S.3.3) SUMMARY: The proposed improvements will improve the safety and efficiency of traffic flow with the construction of a new traffic signal at Serrano/San Lorenzo, and the installation of streetlights at two locations within the City. ACTION: Appropriated $30,000.00 from umeserved fund balance in Gas Tax 2105 (Fund 272) to 272-5032-483100-6022 (Traffic Signal at Serrano at San Lorenzo/Parkhurst); and approved an appropriation transfer of $15,000.00 from 262- 5032-485100-4906 (Installation of RPM's) to 262-5032-483100-6468 (Freeway Bridge Deck Lighting). Page2 ---- CITY COUNCIL MINUTES February 10, 2004 3. CONSENT CALENDAR (Continued) FISCAL IMPACT. After the appropriation and transfer, funds will be available in the following account: $45,000.00 262-5032-485100-4906 Installation of Raised Pavement Markers BIDS 3.6 A proposal to approve plans and specifications and authorize advertising for bids for Waterline Renewals for Lemon Street, Oceanview Street, Gayle Street, Little Main Street and Shaffer Street (W-623). (C2500.P) SUMMARY: The proposed upgraded waterlines will replace existing aged and deteriorating waterlines and improve the water supply for domestic and fire protection purposes. ACTION: Approved plans and specifications and authorized advertising for bids for Waterline Renewals on Lemon, Oceanview, Gayle, Little Main and Shaffer Street (W- 623). FISCAL IMPACT. Funding for this project is budgeted in fiscal year 2003/04 III Account No. 601-8041-485100-8400 Pipeline Renewal Materials $152,000.00 3.7 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. Danny Tabbaa ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. RESOLUTIONS 3.8 RESOLUTION NO. 9825 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2003-03 adjusting lot lines of certain real property situated at 313 West Grove Avenue and 346 West Meats Avenue in the City of Orange, County of Orange, State of California. Owner: K M W Associates, A California Partnership ACTION: Approved. Page3 CITY COUNCIL MINUTES February 10, 2004 3. CONSENT CALENDAR (Continued) 3.9 RESOLUTION NO. 9826 (C2500.G.2.0) A Resolution of the City Council of the City of Orange expressing appreciation to Michael Surber of the Community Development Department for twenty-two years of loyal and dedicated service. ACTION: Approved. 3.10 RESOLUTION NO. 9827 (S4000.S.4) A Resolution of the City Council of the City of Orange stating its intent to vacate portions of those public streets commonly known as Pepper Street and Stewart Drive generally located adjacent to St. Joseph Hospital and the St. Joseph Outpatient Pavilion. ACTION: Approved. 3.11 RESOLUTION NO. 9828 (C2500.J.4.6) A Resolution of the City Council of the City of Orange Relating to the Classification, Compensation, and Terms of Employment of Executive Directors and Top Management Employees, and Repealing Resolution No. 9717 and Amendments Thereto. ACTION: Approved and authorized staff to make the appropriate budget transfer to departmental benefits accounts. FISCAL IMPACT: $17,080 for remainder ofFY 2003/04. Adequate funds are available in the non-departmental activity for transfer to the appropriate departmental benefits accounts. MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR MURPHY - None. Page4 CITY COUNCIL MINUTES February 10, 2004 5. REPORTS FROM COUNCILMEMBERS 5.1 Mayor pro tern Cavecche - Request staff to start research on adding an additional requirement that plan submittals also be in an electronic format. Recognizing the state-of-the art technologies available to the City, Mayor pro tern Cavecche requested the City Manager and staff begin researching and report back on the viability of requiring all site plans be turned in to the City in an electronic format in addition to paper format. Off Agenda Item Councilmember Coontz requested a status report on the street markings and speed limit signs to be posted on Taft, as the Ordinance approving the new speed limit was approved several months ago. The City Manager reported he would provide a status report to the Council. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS - None. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO 2-04 (SECOND 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: Yorba Street MOTION - Cavecche SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance 2-04 be read by title only and same was approved and adopted by the preceding vote. 9.2 RESOLUTION NO. 9824 (C2300.E GPA-2003-0006) 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 (Continued from January 27, 2004) MOTION - Ambriz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to approve Resolution No. 9824. PageS CITY COUNCIL MINUTES February 10, 2004 9. LEGAL AFFAIRS (Continued) 9.3 ORDINANCE NO. 6-04 (SECOND READING) (C2300.E GPA-2003-0006) 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 - Coontz SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance 6-04 be read by title only and same was approved and adopted by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION MOTION ~ Murphy SECOND - Coontz AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche Moved to find that the following matter arose after posting of the Agenda and that action is needed to be taken prior to the next Council meeting. 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 The City Council recessed at 5 :00 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 Page6 CITY COUNCIL MINUTES February 10, 2004 11. RECESS TO CLOSED SESSION (Continued) Orange Police Association Orange Police Management Association b. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager c. Public Employee Recruitment pursuant to Government Code Section 54957 Title: Police Chief, Finance Director and Economic Development Director 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 John Uikes, 20121 E. Clark, distributed information and spoke on the Run Off Management Plan and Trails in the proposed East Orange Development. Mayor pro tern Cavecche noted that the February 24th Study Session would include a discussion on the Trails in the proposed East Orange Development. 13. PUBLIC HEARINGS Tape 970 13.1 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 (A2100.0 AGR-4423) 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 structure at property located South of Chapman Avenue between Lewis Street and The City Drive was continued to this time from January 13, 2004 and January 27, 2004. Note: The public hearing is closed. Page7 I CITY COUNCIL MINUTES February 10, 2004 13. PUBLIC HEARINGS (Continued) Mayor Murphy announced that a letter had been submitted from the Mills Corporation in response to a letter from the Doubletree Hotel, concerning the proposed development of two limited service hotels as part of the Block at Orange expansion. Alice Angus, Community Development Director, reviewed the project, noting there would be no changes to the various components or the Resolutions. Details on the security issues have been worked out between the Mills Corporation and the Police Department, which would require a modification to the Development Agreement. Ted Reynolds, Assistant City Attorney, reviewed the proposed language regarding the security Issues. Mayor Murphy asked for clarification on the impact on the Development Agreement if Council chose not to approve one or more of the resolutions for Conditional Use Permits. Mr. Reynolds stated that if anyone entitlement was not approved, the Development Agreement would need to be revised. Councilmember Alvarez requested information on the questions of the security cameras. City Manager David Rudat commented that the Police Department thought that perimeter cameras would be an important element to providing security at The Block; research, however proved that installation of perimeter cameras was extremely expensive and there were some logistical as well as right to privacy issues involved. The Police Department agreed to retain original language that the City would continue to discuss security and camera locations with the Developer. Mayor pro tern Cavecche complimented staff for their efforts in working out details with the applicant. She asked about placing a restriction on the hotels so that they would not be allowed to contract with any state or federal agencies or become extended stay facilities. She expressed concern with the ten year development agreement for the very dense residential project, suggesting that a five year development agreement on the residential project was sufficient. Mr. Reynolds responded that the City could not enforce this type of restriction. Since the City has no ordinance in place relating to extended stay, the City is subject to state law which does not allow regulating extended stay. Councilmember Coontz stated she was happy with all components of the project; that the developer was building according to market projections and as the market changes, they would make changes. She expressed no problem with the length of the development agreement; the improvements will help to make The Block a destination center. Page8 CITY COUNCIL MINUTES February 10, 2004 13. PUBLIC HEARINGS (Continued) Councilmember Alvarez stated for the record that he had visited a project in Los Angeles that mirrored what is being done at The Block. He would like a lower density for the apartments and would also like to see the development agreement reduced to five years for the residential portion. He could not support the hotels as he has not seen anything that justifies building the hotels. He expressed disappointment that the center is not trying to boost performance with better tenants. Coucilmember Ambriz also complemented staff for an excellent job on this project. He mentioned the letters received from UCI, the Doubletree, and occupants at The Block and stated that that part of town needed revitalization. The City's recent emphasis on tourism and the need for hotels are answered with this project, which will enhance revenue to the City and focus on tourism. The applicant has addressed the concern of the Council and he has been encouraged by the visibility of security officers. Looking at the big picture, this project improves the area and generate revenues. Councilmember Coontz stated that all malls need to be revitalized every ten years. She commented on the security cameras issue and how the revised wording allowed the City the opportunity to look in the future at new technologies that meet the security needs at The Block. Mayor Murphy commented on the old shopping center that was at that location and appreciated the changes that have come with The Block and the synergy generated in the area. The project has his support; he has always tried to allow the business community to make investments in the City. MAYOR MURPHY RE-OPENED THE PUBLIC HEARING. The hearing was opened to allow the Applicant an opportunity to answer specific questions. 1. Would the applicant agree to restrict the hotels from being extended stay hotels. 2. Would the applicant agree to reduce the Development Agreement from ten years to five years for the residential development portion ofthe project. 3. Would the applicant consider lowering the density on the residential portion of the project. Kevin Kemper, Group Vice President, Mills Corporation, responded for the applicant. 1. A five year development agreement, with a one year extension, was acceptable for the residential portion of development. 2. Hotels are market driven; and because these hotels will not be completed for several years, the developer would like to be able to revisit the issue of hotel types as the project moves forward. 3. Residential density is also market driven and the developer would prefer to leave it as it is. MAYOR MURPHY CLOSED THE PUBLIC HEARING Page9 CITY COUNCIL MINUTES February 10, 2004 13. PUBLIC HEARINGS (Continued) Council Action: NOTE: RESOLUTION NO. 9810 - CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO.t72t-03 - WAS APPROVED JANUARY 13, 2004 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 - Coontz A YES -Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to approve Resolution No, 9811. 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, Murphy, Coontz NOES - Alvarez, Cavecche Moved to approve Resolution No. 9812. 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, Murphy, Coontz NOES - Alvarez, Cavecche Moved to approve Resolution No. 9813. Page 10 CITY COUNCIL MINUTES February ro, 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 AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to approve Resolution No. 9814. 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, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 4-04 be read by title only and same was set for second reading by the preceding vote; with the following modification to the Development Agreement: 12. Term of Aereement. This Agreement shall become operative and shall commence upon the Effective Date. The term of this Agreement for that portion of the Proiect described as the mixed use residential (including the related parking structures and improvements) and the Developer's right to develop those improvements shall be five (5) years from the Effective Date. unless this Agreement is terminated. modified or extended upon the mutual written consent of the Parties. The City agrees not to unreasonably withhold its consent to the extension of the term of this Agreement with respect to the mixed use residential land uses for one (1) additional year provided that the Developer gives the City written notice of its desire to extend the term at least 60 days prior to the date the term would end and its reasons to support its requested extension. Except as otherwise provided in the immediately preceding two sentences, this Agreement shall remain in effect for all other land uses for a period often (10) years from the Effective Date (the "Term") unless this Agreement is terminated, modified or extended upon mutual written Pagell --- .----- , , r .- CITY COUNCIL MINUTES February 10, 2004 13. PUBLIC HEARINGS (Continued) consent of the Parties hereto or as otherwise provided in this Agreement. Following expiration or termination of the Term hereof, this Agreement shall be deemed terminated and of no further force and effect; provided, however, that no such expiration or termination shall automatically affect any right of the City and Developer arising from City approvals on the Project Site prior to expiration or termination of the Term hereof and arising from the duties of the Parties as prescribed in this Agreement. 14. PLANNING AND ENVIRONMENT 14.1 Amendments to an existing Parking Area Lease Agreement, Parking Area Sublease, and Restrictive Covenant and Declaration of Covenants, Conditions, Restrictions and Easements with Orange City Mills Limited Partnership related to the expansion of The Block at Orange. (A2100.0 AGR-4423.1) SUMMARY: The proposed amendments are necessitated by a proposal to reconfigure and expand The Block at Orange by constructing additional improvements beyond those approved and described in a Disposition and Development Agreement and related documents approved on September 10, 1996. The proposed amendments will acknowledge and accommodate these additional improvements. (See Redevelopment Agency Minutes, Item 12.2) Mayor pro tern Cavecche noted these amendments are necessary only because of the current development; that there are no monetary changes to the original agreements. MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche ACTION: I. Approved the First Amendment to Parking Area Lease Agreement by and between the City of Orange and Orange City Mills Limited Partnership; 2. Approved the First Amendment to Parking Area Sublease by and between the City of Orange and Orange City Mills Limited partnership; 3. Approved the First Amendment to Restrictive Covenant and Declaration of Covenants, Conditions, Restrictions and Easements executed by Orange City Mills Limited Partnership in favor of the City of Orange and the Orange Redevelopment Agency; and 4. Authorized the Mayor to execute, and the City Clerk to attest, those documents on behalf of the City. FISCAL IMPACT: None. Pagel2 CITY COUNCIL MINUTES February 10, 2004 12. ADJOURNMENT MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche The City Council adjourned at 7:45 p.m. to an Adjourned Regular Meeting, Study Session, on February 24, 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 Tuesday, February 24, 2004 at 4:30 p.m. -~~~~~~ CITY CLERK Pagel3 ... ........, ......... . j" ............ ,. ..