4/26/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON MAY 10, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 26, 2005
The City Council of the City of Orange, California convened on April 26, 2005 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 Rev. R. Winston Presnall, First Presbyterian Church
I.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavecche, Dumitru
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation recognizing the efforts of Shauna Fleming and Lutheran High School for
the A Million Thanks program; to send a Million thank you letters to our troops.
Note: This Proclamation was not presented - Will be rescheduled.
Proclamation honoring Arbor Day in the City of Orange; and invitation to tree planting
event on April 30th on the 200 Blocks of South Oak and South Wayfield and the 1700-
2000 blocks of East Palmyra.
Presentation from C-Company 1/160th Infantry (Mechanized) Family Support and
Readiness group to the Fire Department for their continued support and contributions of
our soldiers and families.
Presentation of Resolutions to Duane Weiss (not present) Mark Wayland, George
McKinney and Greg Adams (not present) of the Orange Fire Department upon their
retirement.
Mayor Murphy announced the City Council will adjourn in memory of Frank H. Greinke,
Chairman Emeritus of SC Fuels (formerly Southern Counties Oil); long time friend and
active citizen ofthe City of Orange.
2.
PUBLIC COMMENTS - John Baker, 1051 Arbor Way, spoke on a proposed
development at Maple and Pixley.
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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 Request Council Confirmation of warrant registers dated April 7 and 14,2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting April 12, 2005;
Adjourned Regular Meeting April 12, 2005; Adjourned Regular Meeting April 18,
2005; and Adjourned Regular Meeting April 19, 2005. (C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.4 Receive and file the City Treasurer's Report, period ending March 31, 2005.
(C2500.F)
ACTION:
Approved.
APPROPRIA nONS
3.5 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 $18,361.25 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 umeserved balance of the General Fund
Account No.:
100-3023-429400-2529 $18,361.25 (Santa Ana Fire Training Grant 04-05)
FISCAL IMPACT: None. Grant funds have already been received from Santa Ana College.
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3.
CONSENT CALENDAR (Continued)
3.6
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. Automobile Club subrogee of Richard Halverson
b. Carla Pilla
c. Erika Uselman
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.7 Award of Contract - Bid No. 045-42; Women's Restroom Remodel at City of
Orange Civic Center, Public Works Building (SP 3514). (A2100.0 Agr-4668)
SUMMARY: The Bids were received and opened on March 31, 2005. Eight contractors
responded to the invitation for bids. The low bidder is DLS Builders for $40,195.00.
ACTION: I) Transferred $46,000.00 from 100-0000-426700-0000 to 725-5028-481105-
9807 (Women's Restroom Remodel); and 2) Awarded the contract in the amount of
$40,195.00 to DLS Builders, 1975 N. Batavia Street, Orange, CA 92865 and authorized
the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Upon transfer, funds will be available in the following account:
725-5028-481105-9807 $46,000 Women's Restroom Remodel
PARCEL MAP
3.8 Parcel Map No. 2004-302 - Del Rio - Request for approval. (C2500.M.16.2)
SUMMARY: Parcel Map No. 2004-302 creates four parcels for the purpose of future
tract developments for the Del Rio Project.
ACTION: Approved the Final Parcel Map No. 2004-302, and accepted dedication of
additional right-of-way along Glassell Street.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
3.9 Parcel Map No. 2004-163 - Hedley Bizctr - Request for approval. (C2500.M.16.2)
SUMMARY: Parcel Map No. 2004-163 creates one parcel as an industrial condominium
at 313 W. Grove Avenue.
ACTION: Approved the Final Parcel Map No. 2004-163, and accepted dedication of
right-of-way for West Grove Avenue.
FISCAL IMP ACT: None.
PROPERTY PURCHASE
3.10 Purchase of a strip of land for street widening at 140 N. Prospect Street (Crystal
Clean Carwash). (A2l 00.0 Agr-4669)
SUMMARY: Acquisition of a small strip of land for widening of the Chapman Avenue
and Prospect Street intersection.
ACTION: Authorized the Mayor and City Clerk to execute escrow and related documents
concerning the purchase of a strip of property at 140 N. Prospect Street, to be used in
connection with widening the Chapman Avenue and Prospect Street intersection.
Purchase price is $17,355.00 plus related escrow costs.
FISCAL IMPACT: Funds are available in the following account:
550-5011-483300-3226 $17,355.00 ChapmanlProspect Critical Intersection Widening
PURCHASES
(REMOVED AND HEARD SEPARATELY)
3.11 Purchase of Two AP2C(e) Chemical Agent Detector Kits. (C2500.H)
SUMMARY: This request is in support of purchasing two chemical warfare agent
detectors to meet the needs of the community, expand Fire Department capability to meet
the ongoing threat of terrorism, and provide safety for Fire Department employees.
Discussion - Counci1member Dumitru asked if the department had looked into
purchasing the kits with grant money. Fire Chief Bonacker indicated that the source of
the funds to purchase the kits is Proposition 172 money allotted for homeland security
equipment.
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3.
CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
- Dumitru
- Ambriz
- Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Authorized purchase of two AP2C(e) chemical warfare agent detector kits
from Aramsco Products Incorporated. The total amount for both detector kits is
$36,522.00. Aramsco was determined to have the lowest cost of all vendors surveyed. A
total of three vendors were asked to bid on this purchase.
FISCAL IMPACT: Funds are available in Account 120-3021-449400 (Fire Suppression /
Safety Equipment).
3.12 Fire Station Telephone System Replacement. (C2S00.H)
3.13
SUMMARY: Replace and re-wire entire telephone systems at Fire Stations No.2, 3, 4,
6, 7 and Fire Prevention. Upgrade existing telephone system at Fire Station No.5.
ACTION: Authorized purchase of telephone system from Integrated Technology for the
amount of $63,728.84; and appropriated $3,730 from the unreserved fund balance of the
Proposition 172 (Fund 120) to Account 120-3011-481200-2513 (Fire Station Phone
System Replacement).
FISCAL IMP ACT: After appropriation, funds will be available as follows: Account
120-3011-481200-2513 - $63,730 (Fire Station Telephone System replacement)
Refacing Traffic Control Signs from ZAP Manufacturing, Inc. on a sole source
basis. (S4000.S.3.3)
SUMMARY: The Public Works Department had been working with ZAP
Manufacturing, Inc. to waterblast and reface various traffic control signs throughout the
City. Currently, this process has been utilized in the amount of $25,000. It is anticipated
the City can meet its goal of sign replacement this year with a final purchase order of
$12,500.
ACTION: Authorized the refacing of various traffic control signs from ZAP
Manufacturing, Inc. as the sole source supplier, in an amount not to exceed $12,500.
FISCAL IMP ACT: Funds in the amount of $12,900 are available in Account No. 273-
5032-446600, Street Signs and Markers.
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3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 9967 (ORI800.0.19)
A Resolution of the City Council of the City of Orange expressing appreciation to Joe
Fortier of the City Traffic Commission and commending him for over sixteen years of
loyal and dedicated service.
ACTION: Approved.
3.15 RESOLUTION NO. 9968 (ORI800.0.19)
A Resolution of the City Council of the City of Orange expressing appreciation to Frank
Sciarra of the City Traffic Commission and commending him for over sixteen years of
loyal and dedicated services.
ACTION: Approved.
TRACT MAP
3.16 Tract Map No. 16130 - Request for acceptance of the public streets and authorize
the release of the improvement bonds. (T4000.0 TRM-16130)
SUMMARY: Tract Map No. 16130 has been completed. The public streets, storm drains
and sewers have been completed and are acceptable for public use.
ACTION: Accepted the public streets, storm drains and sewers for Tract 16130, which
includes Kendra Drive, Hampshire Road, Cheshire Road and Eaton Court.
FISCAL IMP ACT: None.
MOTION
SECOND
AYES
- Cavecche
- Ambriz
- Smith, Ambriz, Murphy, Cavecche, Dumitru
Item 3.Il was 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.
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5. REPORTS FROM COUNCIL MEMBERS - None.
6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Award of Contract - Bid No. 045-37; Orange Main Library and History Center
expansion and renovation (Project No. SP-3436). (A2100.0 Agr-4670)
SUMMARY: Bids for expansion and renovation of the Main Library and History Center were
received and opened on March 29, 2005. Eight contractors responded to the invitation for bids.
The low bidder is Woodcliff Corporation for $12,834,000.00.
Discussion - Library Director, Nora Jacob, provided a history of the project. She indicated that
the need for the additional unallocated reserve money was necessary due to the lowest bid
coming in over the expected cost of the project, along with additional unexpected inspection
costs. She added that the construction budget included a 5% contingency amount. This is a
lower contingency fund than normal, requiring strict adherence to the budget. She announced
that the re-opening of the newly constructed library is anticipated for the Fall, 2006.
Councilmember Dumitru asked for specific examples of the contractor's previous experience.
Ms. Jacob identified for Council the experience of the contractor on similar public projects,
namely several schools in the state, with contract amounts at the same level as this project.
Mayor pro tern Cavecche wanted to ensure that the surety bond company must be treasury listed.
She requested verification prior to the start of the work, adding that the Green Book on
construction projects requires this. She stated her concern with future change orders that are
normal for a project of this magnitude-that she would be diligent in looking at their purpose
and requested that Council be kept informed of each change order requested.
Ms. Jacob stated that in analyzing the bid, the project management team exercised due diligence
in flagging concerns which will be carefully monitored. She added that she would be keeping
Council informed of the progress and changes to the project.
In response to a question from Councilmember Smith concerning the project management, Ms.
Jacob identified the management team. Consultant, Michael Wolfe of the firm IDS Consultants;
Associate Civil Engineer, Majid Farhat managing the design side of the project; and Senior Civil
Engineer, Frank Sun managing the construction side of the project. She reiterated that this
amounted to a team of managers working to oversee all aspects of the project, with Ms. Jacob
serving as the lead manager.
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7. ADMINISTRATIVE REPORTS (Continued)
Ms. Jacob announced that the groundbreaking ceremony would occur on Saturday, May 21,
II :00 a.m. to Noon on the west side of the grounds; and will be hosted by the Library
Foundation.
Councilmember Ambriz indicated that he had researched the background of the contractor and in
talking with staff, he concluded that the contractor has an extensive background with public
works projects.
Mayor Murphy asked about time penalties for delays and rewards for being ahead of schedule.
Ms. Jacob indicated that there are standard city penalties for delays--$2,000 per day. She then
announced that the address for the library will be 407 E. Chapman Avenue-the original City of
Orange Carnegie Library address.
MOTION
SECOND
AYES
- Murphy
- Smith
- Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to: I) Award the contract in the amount of $12,834,000.00 to Woodcliff Corporation,
1849 Sawtelle Blvd., Suite 610, Los Angeles, CA 90025; 2) Authorize the Mayor and City Clerk
to execute on behalf of the City; and 3) Appropriate $2.1 million from unallocated reserves
(specifically, VLF bond proceeds) in Fund 500 to Account No. 500-2001-481200-9901.
FISCAL IMP ACT: After appropriation, funds will be available in the following accounts:
500-2001-481200-990 I
552-2001-481200-9901
Sub-Total
500-2001-481200-9901
Total
$ 6,447,223.00
$ 7,093,466.00
$13,540,689.00
$ 2,1 00,000.00
$15,640,689.00
(Capital Projects)
(State Bond Grant)
(VLF Bond Proceeds)
7.2 Closure of Orange's Main Library for construction and renovation, and temporary
expansion of hours at the EI Modena and Taft branch libraries during Main's closure, for
approximately 15-18 months beginning May 31, 2005. Also, waiver of reserve fees on
library materials and creation of a two-day grace period for overdue library materials
during that period. (C2500.1)
SUMMARY: Major construction and renovation of Orange's Main Library is slated to begin by
or after Tuesday, May 31,2005. Council authorization is requested to close the Main Library to
the public to ensure worksite safety; closure will last 15-18 months. During that time, effective
Monday, June 6, 2005, Council authorization is further requested to expand public service hours
at the EI Modena and Taft branch libraries. Finally, as a goodwill move, Council authorization is
requested to waive reserve fees on library materials and to create a two-day grace period for
overdue library materials during the Main Library closure.
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7. ADMINISTRATIVE REPORTS (Continued)
Discussion - Library Director, Nora Jacob summarized the planned closure and details of the fee
and operating hours changes. She stated that the Friends of the Library Bookstore will remain
open; the EI Modena Branch will become the children's library and Taft Branch will become the
adult library during this time. She added that at the former Orange County Fire Authority
building on Water Street, library staff will work on applying radio-frequency tags on all 172,000
library materials. An Open House for Main Library neighbors will occur on Saturday, May 14
at 9:00 a.m; and community outreach will also occur for neighbors of the two Branch Libraries.
Council commented on the parking at the branch libraries; the use of computers at Santiago
Education Center on Katella; as well as the use of the Orange Progress and City utility bills to
advertise the changes. Ms. Jacob was commended for her determined efforts on behalf of the
project.
MOTION
SECOND
AYES
- Cavecche
- Dumitru
- Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to: I) Authorize closure of the Main Library for construction and renovation, beginning
May 31, 2005, for approximately 15-18 months; 2) authorize temporary expansion of public
service hours at the El Modena and Taft branch libraries to 57 hours/week each (from the current
31 hours/week) beginning June 6, 2005, during Main Library closure and extending
approximately 15-18 months; and 3) authorize waiver of reserve fees on library materials and
creation of a two-day grace period for overdue library materials beginning May 31, 2005, during
Main Library closure.
FISCAL IMPACTS: I) $70,466 in Library Services' operating budget funds will be saved
through maintenance of existing staff vacancies; 2) Expanding branch library hours will have no
additional fiscal impact; and 3) A 15 to 18 month closure of the Main Library for construction is
projected to reduce Library Services' total revenue from overdue fines and fees as well as book
reserves by 56% (e.g., from $90,000 per year to $40,500 in FY 05-06 during construction - or
projected revenue of $49,500).
7.3 Request to open and use the Main Library on Saturday and Sunday, June 4-5, 2005,
for Shades of Orange. (C2500.l)
SUMMARY: Authorizes temporary re-opening to the public of Orange's Main Library
specifically to conduct a community event called Shades of Orange. This event seeks to collect
and preserve photos of the Cypress Street neighborhood/barrio to expand the diversity of the
library's local history collection.
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7. ADMINISTRATIVE REPORTS (Continued)
Discussion - Library Director, Nora Jacob reported that the Orange Barrio Historical Society,
Chapman University, Old Towne Preservation Association, members of the public who may
want to provide photos and EDA W, Inc. will be collaborating on the project. She added that a
majority of the funding is being provided by Chapman University.
Mayor pro tern Cavecche stated that this project had been a condition of approval of the
University's new Specific Plan.
MOTION
SECOND
AYES
- Murphy
- Cavecche
- Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve request and allow staff to open and use the Main Library for Shades of
Orange from 10:00 a.m. to 5:30 p.m. Saturday, June 4, and from 12 noon-5:30 p.m. Sunday, June
5,2005.
FISCAL IMPACT: The cost of two days' electrical power usage at the Main Library and $300
in operating budget funds are the only direct fiscal impacts involved. Indirectly, a few staff
members - e.g., the Library Director and local history librarians -- will adjust work schedules in
order to be present; no overtime will be charged.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO 7-05 (SECOND READING) (A2500.0 ORD-07-05 Massage)
An Ordinance of the City Council of the City of Orange Amending Chapter 5.56 of the Orange
Municipal Code Pertaining to Massage Establishments.
Speakers
Deborah Hatch, 348 E. Jacaranda Ave., spoke on the legitimacy of the profession and the City's
testing proposal.
Glenda Bisbee, 2862-C E. Frontera, Anaheim, spoke on medical history forms, CPR training
and the timing for implementation of the Ordinance.
City Attorney, David DeBerry explained that the medical history form is proposed to be a simple
form requesting that the customer inform the business of any existing medical conditions. He
added that currently-licensed massage technicians will be required to obtain CPR training by the
date they are required to renew their license.
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9. LEGAL AFFAIRS (Continued)
Councilmember Smith stated that the Health Insurance Portability and Accountability Act
(HIP AA) laws require that the private health information be kept confidential and dictates the
handling of this information. This information can only be released with the permission of the
patient.
Mayor pro tern Cavecche added that customers at spas are already required to complete a short
medical check-off form.
MOTION - Ambriz
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 7-05 be read by title only and same was adopted and approved by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:32 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary
Employee Organization: All Bargaining Units
b. Public Employee Performance Evaluation pursuant to Government Code Section 54957.
Title: City Manager
c. 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 ofthe matters will not be considered in Closed Session.
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7:00 P.M. SESSION
12. PUBLIC COMMENTS -
The following people spoke on a proposed development at Maple and Pixley:
Todd Denning, 628 W. Maple.
Benjamin Naumann, 129 N. Parker.
Pat Hetherington, 139 N. Parker.
Kathryn Voigt, 154 N. Pixley.
13. PUBLIC HEARINGS
13.1 TENTATIVE PARCEL MAP 2004-273, MAJOR SITE PLAN REVIEW 363-04,
NEGATIVE DECLARATION 1746-04 - GUTHRIE DEVELOPMENT COMPANY.
(C2500.M.16.2 TPM 2004-273)
Time set for public hearing to consider a proposal for the development of a 5-acre parcel with a
IS building industrial park. The project site is located on the south side of Meats Avenue
approximately 400 feet west of Glass ell Street (site address 434 W. Meats Avenue).
To implement the proposal, the applicant has applied for the following:
. A Tentative Parcel Map to subdivide the project site into 15 parcels; and
. A Major Site Plan Review to allow construction of buildings exceeding 10,000 square feet.
Staff Report - Community Development Director, Alice Angus provided the staff report noting
that the 15 individual lots will enter into reciprocal access and parking agreements. She added
that although the number of parking spaces required is 162, this project provided for 209 spaces.
MAYOR MURPHY OPENED THE PUBLIC HEARING
John O'Brien, 3185 Airway Avenue, Costa Mesa, representing the Guthrie Company stated his
availability for questions.
John Baker, 1051 Arbor Way, Orange, commended the project.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments - Council commended the developer for the ample parking provided at this
location.
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13. PUBLIC HEARINGS (Continued)
Council Action -
MOTION - Cavecche
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to Adopt Negative Declaration 1746-04 as being prepared III compliance with the
California Environmental Quality Act (CEQA) Guidelines.
RESOLUTION NO. 9960
A Resolution of the City Council of the City of Orange approving Negative Declaration No.
1746-04, Major Site Plan Review No. 363-04 and Tentative Parcel Map No. 2004-273 to allow
the construction of a 15 building industrial center upon property located approximately 400 feet
west of Glassell on the south side of Meats Avenue at 434 W. Meats Avenue.
Applicant: Guthrie Development Company
MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 9960.
13.2 GENERAL PLAN AMENDMENT NO. 2002-0003, ZONE CHANGE NO. 1215-02,
ENVIRONMENTAL IMPACT REPORT NO. 1707-02, MAJOR SITE PLAN REVIEW
NO. 252-02, DESIGN REVIEW NO. 3786-02 - ARCHSTONE COMMUNITIES. (C2300.E
GPA-2002-0003))
Time set for public hearing to consider a project which involves the development of an 884-unit
apartment complex on a 20.81 acre site on the former Orange Drive in Theater site (291 State
College Boulevard). The project site is divided by the jurisdictional boundary of the cities of
Orange and Anaheim, with approximately 12.37 acres and 532 units within the City of Orange
and 8.44 acres and 3522 units within the City of Anaheim.
The application entails:
a General Plan Amendment creating a new high density residential overlay district for the project site;
a Zone Change from Light Manufacturing (M-l) to Planned Community (PC) with a Specific Plan
to establish alternative development standards tailored to the project;
a Major Site Plan Review to allow multi family residential development; and
a Design Review to ensure that the project is compatible with community aesthetics.
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13. PUBLIC HEARINGS (Continued)
Staff Report - Community Development Director, Alice Angus began the staff report
presentation by announcing that the City of Anaheim had just approved the portion of the project
in their city. She indicated that Building A straddled the Orange-Anaheim border; and in
addition to the usual elements of a development, she commented on the need to adopt a Specific
Plan that had been prepared to ensure a quality development, addressing the exterior and interior
of the buildings, as well as the long-term maintenance. She commented on the collaboration ofa
number of jurisdictional issues, i.e., sewer services, police and fire services to ensure that
appropriate response would occur to needs within the respective city.
Ms. Angus added that two modifications to the conditions of approval before Council tonight
were I) the number of guests parking spaces v. tenant spaces (Condition No.9); and 2) Long-
term maintenance to the buildings and landscaping requiring the entering into agreements by the
developer (Condition No. 10).
Council Questions -
Mayor pro tern Cavecche commended the condition clarifications to ensure the maintenance of
the landscaping for the future. She asked which city would be overseeing the project; whether
there would be mechanical equipment on the roof or protruding from the building; and provision
for the buildings' floor plan for emergency personnel on disk. She also stated her desire for
well-developed pedestrian access under the freeway.
Ms. Angus responded that the permits would be pulled from both cities and inspected by each
cities' inspectors; and added that building officials from both cities would collaborate in areas
straddling boundaries. She indicated a condition could be added which provided building
layouts to emergency response personnel in electronic form.
Councilmember Smith asked the total number of parking spaces; what would happen if the
owner wanted to convert to condominiums; and how will the tenants know what city they live in
and who to request services from.
Ms. Angus responded that the total number of parking spaces was 1,027 of which 1,010 were
designated for tenant and guest use and 17 for the management office. These numbers were to
code and called out in the Specific Plan. She added that the proposed project was for apartment
use, but in the future if a conversion was desired, an amendment to the Specific Plan and the
Tract Map would be required. She explained that the leasing office would be informing the
tenants of the city of residence and other related issues. She added that the buildings will have a
slight change of color in the two cities; and in the parking structure, phones will be provided to
call the correct Police and Fire Departments.
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13. PUBLIC HEARINGS (Continued)
Councilmember Smith asked if attention had been paid to the design components of the
Southwest Redevelopment Plan and whether any reference was made in the Specific Plan.
Ms. Angus responded that thought had been given to the Southwest Redevelopment Plan, noting
that this development was part of the original Uptown Area.
Councilmember Ambriz asked about the buffer designation on the Orange-Anaheim boundary.
He also asked about the discussion of the affordable housing issue at the Planning Commission
meeting. He question the conclusion that there would be no negative traffic impacts on the area.
He also clarified that the transportation fees of $642.00 per unit, $341,000 total, would be
received by the City prior to the first building permit being issued. He stated that Adelphia,
which had just been acquired by Time Warner Cable Co., would be a positive change to provide
city programs to be shown to new city residents in the development.
Ms. Angus responded that there would be greenspace area along the boundary, but that Building
A straddled the boundary line. She noted the City of Anaheim was not interested in an
affordable housing project at the time the development was being planned; and that a negotiated
fee of $2,850 per unit was set aside as revenue to apply toward affordable projects in the future.
However, some of the units will be offered as moderate-income units, but not low-income units.
She stated that the infrastructure was able to address the residential traffic and the circulation
system would not be impacted, given the current development in the area.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Ms. Cynthia Hwang, representing the developer, I Spectrum Pt., Lake Forrest, stated that the
developer was in full agreement with all the conditions of approval placed on the project.
Councilmember Smith asked for an explanation of the minimum usable open space for each unit
of 150 sq ft. and the minimum private outdoor space of 49 sq. ft. In addition, she requested that
lighting be provided in all areas lacking natural lighting-even keeping lights on 24-hours a day,
if necessary.
Robert Clignet, Architects Orange, Project Architect, reviewed the deck area spaces for each
unit.
In response to Council questions, Ms. Hwang, indicated that there are access locations around
each building for emergency vehicles, including fire trucks. She also stated that the minimum
foot candle requirements have been met; and the maintenance plan calls for immediate
replacement of burned-out bulbs to ensure proper lighting.
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CITY COUNCIL MINUTES
April 26, 2005
13. PUBLIC HEARINGS (Continued)
Councilmember Dumitru asked about the height of the buildings and how it would affect the
privacy of the neighboring mobile home park. He also asked about the fire sprinkler system
being in obvious locations. In addition, he asked about making residents aware of the traffic they
can expect from the stadium.
Ms. Hwang stated that Archstone representatives met with the mobile home owners to address
their concerns. It was determined that enhanced landscaping be planted between the two sites
and the balconies were oriented so that they would face into landscaped courtyards, rather than
the mobile homes. She added that the fire department will be consulted on the placement of the
sprinklers.
Denis Bilodeau, DKS Associates, 222 Martin, Irvine, Traffic Consultant, indicated that
Archstone is required to install a traffic signal on Orangewood at the private driveway, opposite
the stadium to facilitate easier ingress and egress of the property. He also stated that total traffic
trips is estimated at 5,860 per day.
In response to Mayor pro tem Cavecche's question, the architect indicated that the mechanical
units for air conditioning would be on the decks.
John Baker, 1051 Arbor Way - questioned several aspects of the proposed project.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments
Councilmember Smith commented on the need to update the City's General Plan as there have
been numerous recent General Plan Amendments; reiterated her concurrence with the Specific
Plan requiring approval of any future condominium conversion; and commented on the allotted
parking spaces meeting code, but noting that the code is not broad enough. She pointed out that
future parking problems will belong to the project, and those problems will have to be managed
by the project. She suggested an area in front of the neighboring mobile home park be restricted
for use by the residents. She noted her disappointment with no affordable housing being
included with this project, even though the city receives in-lieu fees.
She read from the overriding considerations document which refers to the project as a multi-
family rental development. For the record, she stated her disagreement that this development
serves families, and stated that it was more likely to serve singles or couples. She also disputed
the reference to this development being a mixed-use development, when in fact, it is 100%
residential use. Shc also disagreed with the document's reference to ample parking for residents
and guests, citing her previous comments. Lastly, she stated that the reference to the amenities
and resident services being a benefit to the community is misleading, because they are solely for
the use of the residents. For the record, she cautioned about accurately representing the scope of
any project built in the City.
PAGE 16
I
I
CITY COUNCIL MINUTES
April 26, 2005
13. PUBLIC HEARINGS (Continued)
Councilmember Ambriz commented on the duration of this project and it being one of the
finishing touches to a vision for the west end of the City, noting the deterioration of the current
use of this property. He commented on the need for affordable and family housing; while
realizing that this project began years ago. He complimented staff and the developer for staying
focused for so long while collaborating with the City of Anaheim on the project. He commended
the vision for the area, enhanced by this project, and commented on the synergy it would bring to
this area.
Mayor pro tern Cavecche stated she did not see this General Plan Amendment as an issue as it
compliments the City's vision for West Orange and will be a great addition to the City;
commenting on the anticipated development in West Orange with other recently approved
projects. She reiterated the need to provide housing in Orange County.
Councilmember Dumitru stated his concerns with safety issues for upcoming developments in
the area and the burden they will place on Fire Stations No.5 and 6; and suggested Council look
at the budget issues this may create. He also expressed concern with the confusion of the
residents dealing with crime, as to which city's police department to call, noting the continuing
need for the staff at the project to work with the Police Departments.
Mayor Murphy stated his belief that this project fits with the vision of Uptown Orange, including
the UCI expansion, The Block, Best Buy and a number of housing opportunities, noting it is a
western gateway to the City of Orange. He added that in the stringent review of the project, all
of the concerns regarding the public safety issues will be addressed. He also stated that the
moderate rents to be offered on some of the units will appeal to a broader range of people and
offer up a range of housing alternatives needed in the City and in the County. He added that this
project will provide housing in a major employment area, which is key to the Uptown Orange
VISIOn.
Council Action
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve the Statement of Overriding Considerations, finding that the benefits to the
community of the project outweigh its significant unavoidable air quality impacts (short term and
cumulative air quality impacts during demolition and grading activities).
PAGE 17
CITY COUNCIL MINUTES
April 26, 2005
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to Certify Final Environmental Impact Report No. 1707-02 and the associated Mitigation
Monitoring Program as being prepared in compliance with the California Environmental Quality
Act Guidelines.
RESOLUTION NO. 9935
A Resolution of the City Council of the City of Orange approving Environmental hnpact Report
No. 1707-02, General Plan Amendment No. 2002-0003, Major Site Plan Review No. 252-02,
and Design Review No. 3786-02 to accommodate the construction of approximately 532
apartment units on 12.37 acres of land, at 291 State College Boulevard as part of a larger 884-
unit development bisected by the Orange-Anaheim City Limit.
Applicant: Archstone Communities
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dwnitru
Moved to approve Resolution No. 9935 with modifications to Condition No.9, regarding guest
parking spaces; and Condition No. 10 regarding a maintenance agreement to ensure proper
maintenance of buildings, landscaping and grounds; and add a condition to ensure that the
applicant shall provide an electronic version of final "as built" building plans for use by safety
services that identifies all units, parking areas and access points; and these plans shall be
provided prior to certificate of occupancy to the satisfaction of the Police and Fire Department in
an acceptable electronic format.
ORDINANCE NO.8-OS (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the reclassification of
approximately 12.37 acres of property from M-l (Light Manufacturing) to PC-SP (Planned
Community-Specific Plan).
Zone Change 1215-02
Applicant: Archstone Communities
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 8-05 be read by title only and same was set for second reading by the
preceding vote.
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CITY COUNCIL MINUTES
April 26, 2005
13. PUBLIC HEARINGS (Continued)
13.3 ORDINANCE NO.4-OS - WIRELESS COMMUNICATION FACILITIES
(A2500.0 ORD-04-05 Wireless Communication Facilities)
Time set for public hearing to consider requirements, criteria and minimum standards for the
design and placement of wireless communication facilities.
ORDINANCE NO.4-OS (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Sections 17.04, 17.10, 17.12,
17.14, 17.18, 17.20, 17.22, and 17.24 of the Orange Municipal Code to provide new definitions and
procedures pertaining to the placement of wireless communication facilities.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue public hearing on Ordinance NO.4-OS to May 10, 2005 at 4:30 p.m.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT -
The City Council recessed at 8:35 p.m. back to Closed Session; and adjourned at 10:00 p.m. in
memory of Frank H. Greinke.
The next Regular Council meeting is scheduled for May 10, 2005.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of
April 26, 2005 at Or~nge Civic Center kiosk, Police facility at 1107 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
commenc~ment (ff s'illd regular meeting; and available at the Civic Center City Clerk's Office and Main
Public Library at 101 N. Center Street.
,
11#) ?- YM~/
MARK A. MURPHY I
MAYOR
-~
MARY E. MURPHY
CITY CLERK
.
PAGE 19