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6/28/2005 - Council Minutes - CC Minutes Adj I I APPROVED BY THE CITY COUNCIL ON JULY 12,2005 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF AN ADJOURNED REGULAR MEETING June 28, 2005 The City Council of the City of Orange, California convened an Adjourned Regular Meeting at 7:00 p.m. in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 7:00 P.M. STUDY SESSION 1. OPENING 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG 1.3 ROLL CALL PRESENT - Smith, Ambriz, Murphy, Cavecche, Dumitru 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None. 2. PUBLIC COMMENTS Grace Quach, Mercy Housing, spoke on affordable housing. 3. CONSENT CALENDAR - None. 4. REPORTS FROM MAYOR MURPHY - None. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS 7.1 Review of the Revised Runoff Management Plan (ROMP) and environmental review for the proposed Santiago Hills II and East Orange development proposal. Mr. Stan Soo Hoo, Assistant Planning Director, introduced the item. Mr. Ed Knight, Principal Planner, provided a status report on the EIR, noting that information has been provided on the City's website. Mr. Bryan Austin, The Irvine Company, introduced a team of consultants. He reported this item deals with storm runoff, hydrology and water quality, that they have been working with various groups on this issue, have received numerous approval letters from various agencies, and the final ROMPs have been available to the public since late May. 1 CITY COUNCIL MINUTES Adjourned Regular Meeting June 28, 2005 7. ADMINISTRATIVE REPORTS (Continued) Mark Anderson, RBF Consulting, provided a power point presentation. He reviewed background information, noting the document addresses each phase of the development and the ultimate build out condition. He reviewed existing and proposed conditions, the project areas; and reviewed the history and conditions of Peters Canyon Reservoir and Irvine Lake. He reviewed the objectives of the Plan - hydrology and flood protection; erosion and sediment transport; water quality maintenance; and habitat protection; and reviewed the solutions outlined in the ROMP. He noted the project meets or exceeds requirements; has been developed in coordination with public and private stakeholders; has been revised in response to EIR comments; and will not cause any significant environmental impacts to Irvine Park, Irvine Lake, Handy Creek or Peters Canyon Reservoir. Council Ouestions Mayor pro tern Cavecche clarified that the golf course is not being planned; that particular area is conceptual only at this point. Councilmember Smith commented on the current condition of Peters Canyon Reservoir; noting its problems, including large silt deposits and its stagnant condition. Mr. Anderson noted the level of silt in the Reservoir has grown because natural channels are there and are eroded. When the transportation corridor was built, desilting basins were put in and when water is released, the water comes out relatively clean, noting the water is released where erosion is currently. That is why that silt has been finding its way there, because the current condition allows that clean water to erode the existing channels. As the project is proposed, water will be routed around the existing natural channels, taking away opportunities for it to erode in those areas; and the amount of water put back in is going to be at a safe level that will not erode; and they are confident that the silt load that the Reservoir has been experiencing is basically going to be mitigated entirely; In response to further questions by Councilmember Smith, Mr. Anderson spoke on Irvine Lake, noting that non-contact recreation implies that swimming is not allowed in the Lake. Also, the Irvine Ranch Water District is a separate public entity, with no interest from The Irvine Company. Councilmember Dumitru asked about the water quality off the SR 241 and 261; and the role Caltrans plays with The Irvine Company in this project. 2 I I CITY COUNCIL MINUTES Adjourned Regular Meeting June 28, 2005 7. ADMINISTRATIVE REPORTS (Continued) Mr. Anderson clarified that Caltrans will be responsible for the water quality off the SR 261 as well as SR 241. Also, The Irvine Company is working on a Project Study Report with Caltrans, which identifies all improvements that are needed. Caltrans will require certain water quality features, which Caltrans will then own and maintain through the Caltrans budget. Councilmember Dumitru asked about the responsibility in maintaining underlying drainage and the proposed increased number of bios wales. Mr. Anderson reported the goal is for the Irvine Ranch Water District to be responsible for the drainage. He also indicated on a map the location of the proposed bioswales. Mayor pro tern Cavecche reiterated that the Irvine Ranch Water District is comprised of elected officials and is completely separate from The Irvine Company. She asked for clarification on the run off, and the concept of - the cleaner the water, the easier it picks up silt; noting that water is already running off into Peters Canyon Reservoir. Mr. Anderson explained that the TCA has put in detention and sediment facilities. It is a basin and water run off is diverted there. It traps any water that is carrying silt or debris and is held there temporarily, is slowed down, and it drops a load. When the water leaves that facility, it goes under the corridor, under Chapman and hits the north tributary. Water flowing in a natural channel seeks a bed load, and the more water, the bigger the bed load. He explained that instead of letting the water travel down a natural channel, they will put it in a pipe that goes into the street system; so in a major storm, the water will wrap around the natural habitat. There will be holes in the pipe to let the water leak out a little into the natural area so that a small amount of water gets out but not major storm water. Councilmember Ambriz asked about the availability of the condensed report on the website; asked about The Irvine Company's Anaheim development and it's impact to Santiago Creek; and how much of Santiago Creek will be improved or protected from this proposed development. Mr. Anderson responded that the condensed report is not on the website; that the Anaheim development does not connect to the Creek; and that there are no improvements or development proposed in Santiago Creek. In response to questions by Councilmember Dumitru, Mr. Anderson further reported that originally there was a water quality feature in which The Irvine Company received a lot of comment; so The Irvine Company has moved the feature into the project and replaced about 26 lots with basins. 3 CITY COUNCIL MINUTES Adjourned Regular Meeting June 28, 2005 7. ADMINISTRATIVE REPORTS (Continued) Speakers Comments include: a supplemental Environmental Impact Report should be done for the ROMP; there are deficiencies of the plan relating to water quality and water retention; water should be captured and reused in that same area; biological impacts of the project; flooding issues in Orange Park Acres; need for input from Department of Fish and Game; and concerns about Handy Creek. . Carole Mintzer, East Orange resident, . Sarah Huff, Meads Avenue . Alex Mintzer, East Orange resident . Charlotte Samuels, Address on File . Julie Jones-Ufkes, Orange resident . Theresa Sears, Orange resident, submitted a letter . Mike Tietz, Randall Street . Bill Tovatt, Randall Street . Lauri Marine, Orange Park Boulevard . Scott Breeden, Silverado Canyon . Chalynn Peterson, Silverado Canyon, submitted letter . Karl Greenblatt, Address on File . Kevin Ott, Orange resident . Brian Gwartz, East Orange resident . Mark Sandford, Address on File . Craig Wetzler, Hillside Drive . Ed Amador, Silverado Canyon Mr. Bryan Austin addressed issues raised by the speakers. Handy Creek - the diversion of water away from Peters Canyon Reservoir sends water away from Handy Creek, and this has been done to the maximum extent feasible. They are confident that they will be able to deliver equal or less water than what is going into the Reservoir today and shonld not change Handy Creek at all. Capturing and reusing water - Water naturally runs downhill and runs to Peters Canyon Reservoir; and pumps would be required to get water to higher elevations to reuse it. Substantive changes requiring another environmental review - There was an adequate public review period, and The Irvine Company has responded to all issues raised and made changes. 4 I I CITY COUNCIL MINUTES Adjourned Regular Meeting June 28, 2005 7. ADMINISTRATIVE REPORTS (Continued) Mr. David DeBerry, City Attorney reported there has been a lot of discussion between city staff and The Irvine Cornpany as to what the proper vehicle is for the ROMP. A supplemental EIR is required when substantial changes are made in a proposed project; but there also has to be major revisions in the EIR that are caused by significant new environmental affects. It is staffs opinion that changes in the ROMP were not because of new significant environmental impacts. While there were changes to the ROMP, they were not so substantial, or did not constitute major revisions, to require a recirculation of the EIR. Changes have to be necessary, or have created new significant environrnental effects which were not identified in the previous EIR. The previous EIR identified all the environmental affects and all the significant ones. The changes in the ROMP did not create new environmental affects. Therefore, an addendum was appropriate. Mr. DeBerry stated he would review the letter submitted by Theresa Sears regarding the environmental report. Input from outside agencies - Mr. Bryan indicated that the Army Corps of Engineers and the Department of Fish and Game have issued appropriate permits. Impacts on Handy Creek - Mr. Mark Anderson first noted that Irvine Lake, Villa Park Dam and the Bond pits are managed as water conservation facilities; and that all water from the proposed project goes to anyone of these facilities, or to Peters Canyon Reservoir. He noted that Handy Creek is a deficient facility and has been for many years, which was pointed out in a 1985 County study; and that changes to the creek have aggravated the problems with it. The current problems with Handy Creek exist in its natural state and have nothing to do with the proposed project. He noted that the majority of the time, water will leave Handy Creek and to go Peters Canyon Reservoir and stop there, and that the Reservoir has enough capacity to contain the runoff. Evaluation of project - Mr. Anderson indicated the project has been evaluated in stages as well as at final build out; noting that in long term planning it was anticipated that the water shed of Santiago Creek would have some development; and there is actually a greater level of flood protection than was anticipated because the proposed open space was originally assumed to have development. Biological issues - Mr. Rob Hamilton, Biologist, stated that extensive biological surveys have been done, and he will work with the residents on those issues and specifically the grove of black walnut trees that were discussed. Councilmember Smith noted that the proposed project will result in drastic changes to the terrain and expressed concern on pollution and potential flooding, which can occur even if it's planned for. 5 CITY COUNCIL MINUTES Adjourned Regular Meeting June 28, 2005 7. ADMINISTRATIVE REPORTS (Continued) Mr. Anderson stated that flooding and runoff issues have been evaluated for all various levels of storms, noting that residential areas are not typically inundated in storms. A certain level of protection is required; and anything more than a 100 year storm is very unlikely. He also pointed out that the issue of storm water runoff is relatively new; that this was not considered years ago. Councilmember Dumitru asked about the Department of Fish and Game and if they have seen the documents recently; asked about the flow from Handy Creek; and asked about pollutants coming off other projects. Mr. Bryan indicated that the Plan has not changed since it was reviewed by the Department of Fish and Game. He also stated that there are vast areas that drain from Handy Creek that are below Peters Canyon Reservoir, such as Santiago Hills I, Orange Park Acres and the college area; but that they are not responsible for the water shed below Peters Canyon Reservoir so there is no analysis as to what is happening with existing neighborhoods. Mayor pro tern Cavecche asked for a written opinion from the City Attorney on the fact that there have been no substantial changes to the ROMP, which would require a new environmental report. Mayor pro tern Cavecche noted that she likes the idea of reclaiming and reusing water in the project area. She noted that older development do not have water runoff plans and appreciates the efforts of the systems proposed for this development. She noted she will be watching what is proposed and how it is channeled so as not to create problems. Handy Creek is a real problem and it needs to be made a priority; and there also needs to be more effort in working with the County. 6 I I CITY COUNCIL MINUTES Adjourned Regular Meeting 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS - None. 10. ADJOURNMENT The City Council adjourned at 9:30 p.m. June 28, 2005 DECLARA TJON OF POSTING: Declaration of City Clerk, Mary E. Murphy, declaring posting of the City Council Agenda of an Adjourned Regular Meeting of June 28, 2005 at Orange Civic Center in the north facing kiosk, 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 Adjourned Regular Meeting; and also available at the City Clerk's Office. 0(!'::;1"t{-"-~ MARY. RPHY / -' CITY CLERK t-YM MARK URPHY OR 7