9/14/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON SEPTEMBER 28, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 14, 2004
The City Council of the City of Orange, California convened on September 14, 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 Dr. Allan Stark, Orange Rotary
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Presentation of colors by Boy Scout Troop 241, St. Paul's Lutheran Church
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
None
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Announcement from the Library Services Director on the launch of "Catalog Plus,"
Orange Public Library's new online catalog.
Presentation of a Proclamation announcmg Inner Coastal Watershed Cleanup Day,
September 18,2004.
Presentation of Proclamations honoring Orange Housing Development Corporation and
Orange Rotary Club for their joint efforts on the Orange Rotary Senior Plaza Project at
235 W. La Veta.
Mayor pro tern Cavecche announced the Orange County Vector Control District would
not be picking up any more birds in Orange as there is no more need to test the birds.
Mayor pro tern Cavecche announced that September is Childhood Cancer Awareness
Month.
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CITY COUNCIL MINUTES
September 14, 2004
2. PUBLIC COMMENTS
Paul Wizicowski, 147 N. Bitterbush, asked for assistance on a Code Enforcement
problem on Bitterbush. The City Manager was instructed to look into this and will
provide information back to the Council.
Ursula Grabowska, Address on File, spoke on cultural diversity.
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 City Council
agenda of a regular meeting of September 14, 2004 at Orange Civic Center north
facing kiosk, Police facility at 11 07 North Batavia, 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; and available at the
City Clerk's Office and Main Public Library, 101 N. Center Street.
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 August 19, 26 and
September 2, 2004 .
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, August 24, 2004.
(C2500.DA)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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September 14, 2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.5 Fourth Amendment to Consultant Agreement with Curbside, Inc., for continuation
of the Door-to-Door Used Oil Collection Program and related services, funded by
the California Integrated Waste Management Board Used Oil Block Grants.
(A2IOO.0 Agr-2224.I.D.4)
SUMMARY: Used Oil Block Grants are awarded each fiscal year and have a three-year
spending cycle. The City is currently utilizing sth Cycle Used Oil Grant funds, and 9th
Cycle funds have been received and are available for expenditure. The City has applied
for the 10th Cycle grant and is awaiting notification of that grant award. Staff wishes to
extend the agreement with Curbside, Inc. through June 30, 2005 for an amount not to
exceed the combined total of the sth, 9th, and 10th Cycle grant awards. This will enable
the City to continue the successful used oil collection, recycling, and public education
program.
Note: Staffrequested this item be withdrawn and continued to no date certain.
Councilmember Coontz asked that information be provided on collections at doors, if
there is a limit on the number of collections, how much the grant is, the success of the
program and how the program is advertised.
Councilmember Ambriz asked that information be provided on how many pick ups there
were in 02-03 and 03-04 and 04-05; what is being done with the oil, is the oil being
recycled, charges for latex paint and light bulbs, and asked for a more clear definition of
what a city sponsored event is and to what extent is this a city sponsored event.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to withdraw this item from the Agenda and continue to no date certain.
3.6 Sewer Service Agreement - Request by Shad and Janelle Arnold to connect their
property to City of Orange sewer. (A2100.0 Agr-4540)
SUMMARY: Shad and Janelle Arnold, owners of residential real property located at
20041 East Clark Avenue in an unincorporated area of the County of Orange, have
requested to connect their house sewer lateral to the City sewer main in Clark Avenue.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
ACTION: Approved the connection request from Shad and Janelle Arnold 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 have paid all connection fees.
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September 14, 2004
3. CONSENT CALENDAR (Continued)
3.7 Sewer Service Agreement - Request by John and Julia Dikes to connect their
property to City of Orange sewer. (A2100.0 Agr-4541)
SUMMARY: John and Julia Dfkes, owners of residential real property located at 20121
East Clark Avenue in an unincorporated area of the County of Orange, have requested to
connect their house sewer lateral to the City sewer main in Clark Avenue. They have
executed a Sewer Service Agreement with the City of Orange and are requesting City
Council approval.
ACTION: Approved the connection request from John and Julia Dfkes 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 have paid all connection fees.
3.8 An Agreement with the law firm of Liebert Cassidy Whitmore. This firm represents
the City in various safety personnel matters. (A2100.0 Agr-I042.Q.l)
SUMMARY: The City currently has an agreement for fiscal year 2003-04 with Liebert
Cassidy Whitmore for an amount not to exceed $60,000 to provide personnel legal
services. The term of the agreement has expired and therefore, the City would like to
enter into a new contract to extend the term for an additional year.
ACTION: Approved and authorized the Mayor and City Clerk to execute an Agreement
with Liebert Cassidy Whitmore on behalf of the City.
FISCAL IMP ACT: Sufficient funds are available III the Personnel Legal Services
Account No. 100-0301-426111.
APPROPRIATIONS
3.9 Appropriation of funds received from Santa Ana College for Fire Department
training. (C2500.H)
SUMMARY: Santa Ana College offered a program which paid the Fire Department
$2.50 per person for each hour of training provided. The Fire Department recently
received a check in the amount of $18,159.20 from Santa Ana College. It is
recommended that this money be appropriated for use in improving the Fire
Department's overall training program.
ACTION: Appropriated the following from the unreserved balance of the General Fund:
100-3023-429400-2527 $18,159.20 Santa Ana Fire Training 03-04 Grant
FISCAL IMP ACT: None. Grant funds have already been received from Santa Ana
College.
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September 14, 2004
3. CONSENT CALENDAR (Continued)
BIDS
3.10 Bid No. 045-01; Award a contract to Lynch Communications of Riverside, for
installation of a traffic signal interconnect and fiber optic cabling, at various
locations in the City of Orange. (A2IOO.0 Agr-4542)
SUMMARY: The proposed improvements will improve traffic efficiency and provide a
high-speed fiber optic communication link between City Hall and the Traffic
Management Center at the Corporate Yard. Four proposals for this project were
received. Lynch Communications of 570 E. La Cadena Drive, Riverside, CA 92501,
submitted the lowest responsive bid of $433,000.00.
ACTION:
1. Approved a $90,000.00 fund transfer from 272-5032-483100-6027 (Traffic Signal -
Serrano at Magdalena) to 272-5032-483100-6463 (Main/Chapman Signal
Interconnect).
2. Determined Lynch Communications to be the lowest responsive bidder for Bid No.
045-01.
3. Awarded a contract to Lynch Communications in the amount of $433,000.00 and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon transfer, funds for this project will be available III the
following accounts:
$357,138.00
90,000.00
$447,138.00
3.11 CLAIMS (C3200)
550-5032-483100-6463
272-5032-483100-6463
Total
Main/Chapman Signal Interconnect
Main/Chapman Signal Interconnect
SUMMARY: The following c1aim(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
c1aim( s) be denied.
a. Virginia Pineda
ACTION: Denied C1aim(s) for damages and referred to City Attorney and Adjuster
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September 14,2004
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Final Acceptance of Bid No. 034-35; S.P. 3454; CDBG Street Reconstruction, FY 03-
04, and authorization to file Notice of Completion with the County Recorder (No
staff report reQuired).
SUMMARY: 034-35; S.P. 3454; CDBG Street Reconstruction, FY 03-04. Contractor:
Orion Contracting Inc.. Staffrecommends acceptance of improvements.
ACTION: Accepted public work improvements, authorized release of Western Surety
Company, Arizona, Bond No. 58619633, in the amount of $371,409.00, and authorized
the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.13 Final acceptance of a certain public work and improvement; Bid No. 034-34, the
recoating of the interior of Reservoir 4. (No staff report reQuired.)
SUMMARY: Robison-Prezioso, Inc. was awarded a contract on January 13, 2004 for
recoating the interior of Reservoir No.4, a five million gallon steel drinking water
storage tank, was completed and accepted by the City Council of the City of Orange on
September 14, 2004. Total cost of the work was $412,995.00.
ACTION: Accepted public work improvement, authorized release of retention funds,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.14 Final Acceptance of traffic signal and striping modification design services for
Glassell St. and Chapman Ave. (No staff report reQuired.)
SUMMARY: Katz, Okitsu & Associates was awarded a contract on March 4, 2004 for
design services modifying a traffic signal at Chapman Ave. and Malena Dr. to add
protected left-turn phasing on Chapman Ave. Additionally they prepared a new signal
design for the complex offset intersection of Glassell St. and Adams Ave.lWilson Ave.
Total cost of these design services was $13,700.00.
ACTION: Accepted public work improvement, authorized release of retention funds,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
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3. CONSENT CALENDAR (Continued)
3.15 Award of Contract - Bid No. 045-08; SP 3491 Annual Service Contract for Concrete
Replacement at Various Locations 2004-05. (A2IOO.0 Agr-4543)
SUMMARY: This project is part of the annual street maintenance activities for curb and
gutter, cross gutter, driveway approach, and sidewalk replacement at various locations
Citywide.
ACTION: Awarded a contract in the amount of $204,250.00 to Kalban, Inc. 9075
Glenoaks Blvd., Sun Valley, CA 91352, and authorized the Mayor and the City Clerk to
execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and are available in the following account:
262-5021-427100 Measure M - Contractual Services $250,000
3.16 Award of Contract - Bid No. 045-05; Rolling Green Lane Cul-de-sac
Reconstruction, east of Queens Gate Way, SP-3494. (A2IOO.O Agr-4544)
SUMMARY: The bids were received and opened on August 26, 2004. Five contractors
responded to the invitation for bids. The apparent low bidder is Damon Construction for
$68,150.00.
ACTION: 1) Appropriated $18,000 from Fund 601 (Water Capital Projects) into Account
No. 601-8041-483300-3120; 2) Awarded the contract in the amount of $68,150.00 to
Damon Construction, 8851 Watson Street, Cypress, CA 90630 and authorized the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation, funds are available in the following accounts:
262-5021-483300-3120 $55,000 Local Street Maintenance
601-8041-483300-3120 $18,000 Water Capital Projects
QUITCLAIM
3.17 Quitclaim of an old Santa Ana Valley Irrigation Company (S.A.V.I.) Easement at
511,535 and 615 West Grove Avenue (one parcel with three addresses). (D4000.0)
SUMMARY: This S.A.V.I. easement has been abandoned for many years and has been
offered to the adjoining property owners for their private use.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Turner
Orange, LLC, a California Limited Liability Company for the S.A.V.I. easement located
at 511, 535 and 615 West Grove Avenue.
FISCAL IMPACT: The $510.00 processing fee has been paid.
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CITY COUNCIL MINUTES
September 14, 2004
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.18 RESOLUTION NO. 9908 (S4000.S.3.1.2)
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9468,
and adopting a Revised Master Resolution of Permit Parking Areas within the City of
Orange.
ACTION: Approved.
3.19 RESOLUTION NO. 9911 (C2500.M.I6.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2004-06 adjusting lot lines of certain real property situated at 1071 and 1061 North
Meads Avenue in the City of Orange, County of Orange, State of California.
Owners:
John & Judith Hormuth
James & Nicole Stepanian
ACTION: Approved.
SPECIAL EVENTS
(REMOVED AND HEARD SEPARATELY)
3.20 Request for the temporary closure of the municipal parking lot at 170 S. Olive St.
(adjacent to the Senior Center), on Sunday - September 19,2004 for a special event.
(ORI800.0.2I)
SUMMARY: Orange Elderly Services is requesting the temporary closure of the
Municipal Parking Lot (Lot No. F), on the east side of the block adjacent to their
building, to hold a fund raising "Motorcycle Poker Run" event. The parking lot will be
used to act as a staging area for the motorcycle rally.
Councilmember Ambriz encouraged residents to support this special event and also the
Meals on Wheels Program which benefits from this fundraiser.
MOTION - Ambriz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
FISCAL IMP ACT: None.
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3. CONSENT CALENDAR (Continued)
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.5 and 3.20 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS
Off-Al!enda Item
Councilmember Coontz raised concerns regarding temporary signage in the city, as there has
been an increasing number of signs posted on weekends in the public right-of-ways. She
specifically noted the signs around Katella and Tustin from furniture companies and from Amel
property management company; and hoped the sign manufacturers could be fined along with the
businesses.
Mayor pro tern Cavecche offered the suggestion to require persons applying for, or renewing,
business licenses to sign a disclosure statement on the City's sign regulations.
City Attorney, David DeBerry stated that the sign ordinance makes provision to fine both the
person posting the sign as well as the principle advertiser.
Mayor Murphy added that there are several neighboring cities that might want to join together to
address this issue of concern in their cities also.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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September 14, 2004
7. ADMINISTRATIVE REPORTS
7.1 Report on an interim contract for traffic signal maintenance services. (A2IOO.O
Agr-0332.E)
SUMMARY: This interim contract will allow the City to continue routine traffic signal
maintenance services until staffing and equipment are in place to perform such tasks in-house as
a cost saving measure, without the need for an outside contractor.
Discussion - Councilmember Alvarez asked for a breakdown of the costs and requested
information on the cost savings the City will realize by performing traffic signal maintenance in-
house.
Director of Public Works, Harry Thomas, explained the various costs associated with this item
and agreed to provide Council with an updated report on the cost savings.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: 1) Approved an appropriation from Fund 273 (unreserved fund balance) to 273-
5032-427100 in the amount of $149,000.00; and 2) Approved contract agreement with Signal
Maintenance, Inc. in the amount of$149,000.00 and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation, funds will be available in the following account:
273-5032-427100-0000 Contractual Services $149,000.00
8. REPORTS FROM CITY MANAGER - None.
9.
NOTICED HEARINGS
TAPE 1600
9.1 PROPOSED STREET VACATION - PORTION OF UNIVERSITY DRIVE,
EAST OF AND ADJACENT TO GLASS ELL STREET. (S4000.S.4)
Request from Chapman University for vacation of a portion of University Drive, east of and
adjacent to G1assell Street. Having duly noticed and posted notice of hearing the City Council
has set this time for all persons interested in the proposed vacation and to consider whether to
adopt Resolution No. 9907 for the purpose of vacating that portion of University Drive.
Harry Thomas, Public Works Director, provided a report.
MAYOR MURPHY OPENED THE HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE HEARING.
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CITY COUNCIL MINUTES
September 14, 2004
9. NOTICED HEARINGS (Continued)
RESOLUTION NO. 9907
A Resolution of the City Council of the City of Orange finding that a portion of that public street
commonly known as University Drive generally located east of and adjacent to Glassell Street is
no longer needed by the public and ordering the vacation thereof.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9907.
10. LEGAL AFFAIRS
10.1 ORDINANCE NO. 18-04 (SECOND READING) (A2S00.0 ORD-I8-04 Water)
An Ordinance of the City Council of the City of Orange Amending Chapter 7.01 of Title 7 of
the Orange Municipal Code Pertaining to Water Quality and Storm Water Discharges.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 18-04 be read by title only and same was adopted and approved by
the preceding vote.
10.2. ORDINANCE NO 20-04 (FIRST READING) (A2S00.0 ORD-20-04 Residential
Trash Containers)
An Ordinance of the City Council of the City of Orange amending Section 8.28.050 of the
Orange Municipal Code relating to storage of residential trash containers.
Discussion
Council supported using the utility bills to inform residents of the new regulation; and also raised
enforcement concerns.
City Attorney, David DeBerry, stated that a violation to this ordinance would be handled like
other code violations. It is the City's practice to give a reasonable time for compliance before
assessing a fine.
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CITY COUNCIL MINUTES
September 14,2004
10. LEGAL AFFAIRS (Continued)
Council directed staff to corne back with a penalty plan, stating that there needed to be a course
of action to penalize violations.
Mayor pro tern Cavecche stated for the record her concern for trash cans being visible behind
chain link or wrought iron fencing; suggesting that this type of violation be addressed in the
future if it becomes a problem.
Mr. DeBerry added that this ordinance applies to private streets and alleys in addition to public
streets.
MOTION - Coontz
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 20-04 be read by title only and same was set for second reading by
the preceding vote.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Attorney explained the need to add an item to Closed Session.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to add the following item to the closed session agenda, pursuant to Government Code
Section 54954.2, finding that the matter arose after the posting of the agenda and there was a
need to take immediate action
Conference with legal counsel - existing litigation pursuant to Government Code Section
54956.9; Thomas Gorzynski v. City of Orange, et aI., USDC Case SACV03-469
DOC(MLGx)
The City Council recessed at 5:40 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).
b. Conference with Real Property Negotiator - Real property negotiations pursuant to
Government Code Section 54957.1:
Agency Negotiator: David De Berry
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12. RECESS TO CLOSED SESSION (Continued)
Property:
Negotiating Parties:
Under Negotiation:
La Veta Park, 3705 East La Veta
City, Union Pacific Railroad, Sunnyslope Trees
Price and other terms of purchase
c. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency designated representatives: Steven Pham, Mike Harary
Employee organization: All groups
d. Public Employee Appointment pursuant to Government Code Section 54957.
Title: Finance Director
e. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
13. PUBLIC COMMENTS
Ursula Grabowska, Address on File suggested every household recycle their own trash to clean
up the City.
14. PUBLIC HEARINGS
14.1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ORANGE AND
THE CITY LIMITED PARTNERSHIP (EQUITY OFFICE PROPERTIES) -
CONDITIONAL USE PERMIT 2379-01 AND 2380-01; MAJOR SITE PLAN
REVIEW 107-99 AND 108-99. (A2100.0 Agr-4545)
Time set for public hearing to consider a request from CA-The City Limited Partnership (herein
referred to as Equity Office Properties) for a Development Agreement to extend the approval
dates for two projects for up to 15 more years. The Development Agreement will have the effect
of giving Equity Office Properties a vested right to develop the following: I) a 10-story, 200,000
sq. ft. office building and a 5-level, 1,528 space parking structure on a 6.36 acre parcel located at
the northeast comer of Metropolitan Road and Lewis Street; and 2) a 19-story, 360,000 sq. ft.
office building and a 6-level, 2,720 space parking structure on a 12.20 acre parcel located
approximately 600 feet east of Lewis Street on the north side of Metropolitan Road, herein
referred to as the 605 and City Plaza Two Projects, respectively.
Note: The environmental impacts of the proposal have been reviewed by an Addendum to
Environmental Impact Report 1612-01.
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September 14, 2004
14. PUBLIC HEARINGS (Continued)
Staff Report
Director of Community Development, Alice Angus, presented the staff report, highlighting the
benefits the City will receive with this Development Agreement, including, strategic placement
of a traffic monitoring camera; sales tax accrual; and cooperation between the developer and
The Mills for expansion of The Block.
Ms. Angus added that there are backstop measures if an agreement is not reached between
Equity Office Properties and The Mills within a certain time period, which would result in
further monetary benefits to the City.
Council Questions
Mayor pro tern Cavecche expressed concern that the City would like to see a resolution between
Mills and Equity Office.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Applicant, Susan Sagy, Vice President for Equity Office Properties spoke on the need for the
extension, citing market rents as a driving force behind the extension; and also outlined some of
the benefits to the City, including development fees, impact mitigation fees, increased sales tax
and the desired expansion of The Block.
Councilmember Coontz expressed concern that the applicant work with Mills to reach a
resolution as soon as possible and bring the project to fruition.
Councilman Alvarez asked for a summary of activities since the project was first approved; and
asked about whether Equity or Mills had the controlling interest in resolving matters.
Mark Valantine, representing Equity Office Properties, stated that recession factors and tenants
leaving were two factors in the delay of the proj ect, as well as market rates needing to be at a
level that would support new residential construction activity.
Ms. Sagy added that Equity does not want to build a project and have it sit vacant. They are
waiting until the rental rates rise to support the proj ect. The requested action by Council will
allow them to hold the land until the time is right to build. She noted that the CC & R's provide
that Mills needs consent from Equity for expansion.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Councilmembers spoke in support of the Development Agreement, and it was noted that
although the Council was hearing only one side of the issue, they were encouraged that both
Mills and Equity will come to an agreement as soon as possible.
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14. PUBLIC HEARINGS (Continued)
Councilmember Ambriz noted the condition in the Development Agreement that allows for
funds to be allocated to the Library and Community Foundations should an agreement not be
reached between Equity and Mills; and spoke on the need to provide an accountability of these
funds. He suggested these funds be designated for park facilities in West Orange, instead of
Grijalva Park, suggesting a joint partnership with the School District for the use of their school
fields.
Council Action:
RESOLUTION NO. 9909
A Resolution of the City Council of the City of Orange making certain findings under the California
Environmental Quality Act and adopting an Addendum to Final Environmental Impact Report 1612-
01 for a Development Agreement by and between the City of Orange and CA-The City Limited
Partnership for Development Projects on the "City Plaza Two Site" and the "605 Building Site",
which are located North of Metropolitan Drive and East of Lewis Street (605 S. Lewis Street and
One City Blvd. West)
MOTION - Alvarez
SECOND - Mayor Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9909.
ORDINANCE NO. 19-04 (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 CA-The City Limited Partnership for Development Projects
on the "City Plaza Two Site" and the "605 Building Site", which are located North of
Metropolitan Drive and East of Lewis Street (605 S. Lewis Street and One City Blvd. West)
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 19-04 be read by title only and the same was set for second reading
by the preceding vote.
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September 14,2004
14. PUBLIC HEARINGS (Continued)
14.2 ZONE CHANGE 1220-03; IMMANUEL LUTHERAN CHURCH SPECIFIC
PLAN; MAJOR SITE PLAN REVIEW 288-03; MITIGATED NEGATIVE
DECLARATION 1718-03 - IMMANUEL LUTHERAN CHURCH (ZI500.0 ZCG-1220-
03)
Time set for public hearing to consider:
Zone Change 1220-03 to allow a change of zoning from Office Professional and Duplex
Residential Districts to Public Institution;
the Immanuel Lutheran Church Specific Plan; and
Major Site Plan Review 288-03 to accommodate a three phase Specific Plan for an existing
church and school campus; upon property located at 802 E. Chapman Avenue, and 137 and 147
S. Pine Street.
Note: Mitigated Negative Declaration No. 1718-03 was prepared III accordance with the
provisions of the California Environmental Quality Act Section 15070.
Staff Report
Director of Community Development, Alice Angus, presented the staff report emphasizing the
conditions in place regarding the desired relocation of the parsonage to another site in the Old
Towne area, with the additional point of using it as a residence. If there is not a site in the Old
Towne Historic District, the environmental documentation states that another location in the City
of Orange south of CoJlins would be considered. She noted that the parsonage is not listed as
having a National Registered status.
She added that there existed design standards on new construction requiring use of matching
materials. She also added that the lack of parking spaces at the church/school is addressed
through agreements with surrounding businesses for the use of their parking lots during non-
business hours.
Council Questions
Councilmember Coontz pointed out that there are historic homes north ofCoJlins Avenue, citing
examples of one on Taft, one on Shaffer and in the Olive area. She stressed the importance of
having the parsonage stay in the City of Orange; and asked who would make the decision to
move the house, specifically if the site was outside of the Old Towne Historic District.
Ms. Angus noted that an historic survey pointed to the area south of Collins as a more suitable
site for this type of craftsman home. If it did not go in that general location, it would need to go
through a hearing process, either with Planning Commission or City Council, depending on the
extent of the environmental review. Ifno location is found in Orange, and it were to go outside
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CITY COUNCIL MINUTES
September 14, 2004
14. PUBLIC HEARINGS (Continued)
the City, then an environmental review would be necessary and would come back to the City
Council.
Councilman Alvarez reiterated the fact that if the parsonage left the City of Orange, it would
have to be approved by Council. He asked if the District would receive a returning benefit due
to the house leaving the District boundaries. He also requested clarification regarding design
standards for the new classrooms to be constructed on the site where the parsonage now sits. He
asked whether the church could add modular buildings in the future, and requested the size of
enrollment at the present time.
Ms. Angus responded that there is no returning benefit to the District if the parsonage is taken
out of the City; however, that scenario would require the Council to review the process and at
that time, the Council could impose mitigating measures.
Mayor pro tern Cavecche requested clarification on the setbacks existing on the site and whether
construction of the permanent buildings would eliminate modular buildings on the site.
Ms. Angus responded that the Specific Plan requires removal of all modular buildings by eight
years after the original improvements and adding a modular in the future would require a
Conditional Use Permit.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Steve Amort, representing applicant, stated they are working with Old Towne Preservation
Association (OTPA) on the relocation of the parsonage house. He also stated that the current
enrollment is 150, with a cap of203 students.
Rick Fox, Architect, talked about the setbacks stated in the Specific Plan and indicated that the
project is designed to maintain the street frontage as it currently exists.
David Miller, 735 E. Fairway, Orange, spoke in favor of the project.
Jeff Frankel, representing OTPA, stated their main concern is with relocation of the parsonage
and suggested the house could be temporarily stored on a lot until a permanent site was found.
Ben Clark, 175 S. Cambridge, stated he was willing to relocate bring the parsonage to his
property ifit would work.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments
Councilmember Coontz stated her concern for the deterioration that would occur ifthe parsonage
was stored until a suitable site could be found.
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CITY COUNCIL MINUTES
September 14, 2004
14. PUBLIC HEARINGS (Continued)
Ms. Angus noted that the parsonage house was not individually listed in the Historic District, and
if were moved to a lot outside the District, it would not have the same protection under the
demolition ordinance.
Mayor Murphy reviewed the four scenarios possible regarding the future of the parsonage - to
move it within Old Towne, to move it out of Old Towne but south of Collins, to move it
somewhere in Orange north of Collins, and to move it out of Orange.
City Attorney, David DeBerry reiterated that if a decision was made to move the parsonage
outside of the City, it would come back to Council for review.
Councilmember Coontz suggested that the parsonage be added to the National Register to force
review of any future decisions made on the location of the home. She then repeated her desire
that the parsonage remain in the City; and asked that the minutes of this meeting be added to the
Specific Plan.
Mayor pro tern Cavecche asked about the time line for the new construction.
Ms. Angus responded there was a phasing plan, that the time line for the kitchen expansion was
quick, but the construction of the Early Childhood Education Center building was tied in with the
relocation of the parsonage.
Council commended staff and the church for their efforts in this proj ect.
Councilmember Ambriz suggested the City of Orange may want to investigate the possibility of
purchasing the parsonage for future city offices as the City is currently using modular buildings
on a City lot.
Mr. DeBerry suggested a condition could be added to the Specific Plan to allow for historical
protection for the parsonage.
Council Action:
MOTION - Mayor Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Adopted Mitigated Negative Declaration No. 1718-03 and the associated Mitigation Monitoring
Program.
18
CITY COUNCIL MINUTES
September 14, 2004
14. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 21-04 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the reclassification of
property from OP (Office Professional) and R2-6 (Duplex Residential) to Public Institution-
Specific Plan (PI-SP).
Zone Change 1220-03
Applicant: Immanuel Lutheran Church
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance 21-04 be read by title only and same was set for second reading by the
preceding vote.
RESOLUTION NO. 9913
A Resolution of the City Council of the City of Orange approving the Immanuel Lutheran
Church Specific Plan to accommodate future development of the Church and School Campus
located at 802 East Chapman Avenue, 137 and 147 South Pine Street.
Applicant: Immanuel Lutheran Church
MOTION - Mayor Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9913; with the added condition to the Specific Plan that the
parsonage shall achieve the same historical protection as if the house remained in its present
location.
The Minutes of this meeting are also to be attached to the Immanuel Lutheran Specific Plan.
RESOLUTION NO. 9912
A Resolution of the City Council of the City of Orange approving Major Site Plan Review No.
288-03 to allow the future development of the Immanuel Lutheran Church and School Campus
located at 802 East Chapman Avenue, 137 and 147 South Pine Street.
Applicant: Immanuel Lutheran Church
MOTION - Mayor Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9912.
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CITY COUNCIL MINUTES
September 14,2004
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 8:45 p.m. The next Regular Council meeting is scheduled for
September 28, 2004.
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M~URPH~ ....~
CITY CLERK
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