9/27/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE COUNCIL ON OCTOBER II, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 27,2005
The City Council of the City of Orange, California convened on September 27, 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 Pastor Larry DiSimone, Calvary Chapel of the Canyons
1.2 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
Presentation honoring 59 Library Teen Volunteers for 1,178 hours of service In the
"Super Readers - Super Heroes" 2005 Summer Reading Club.
Employee Service Awards presented to Bonnie Hagan, Community Services Department;
Abel Bernal, Community Services Department; Bill Hintz, Finance Department; Kathryn
Rose, Library Services; Michelle Fetherolf, Police Department; Lt. Bob Green, Police
Department; Lt. John Whiteley, Police Department.
Announcements:
· Open House Celebration of the First Presbyterian Church of Orange Grand Street
Center
· Free Workshop on Landscape and Irrigation Techniques, October 1st at City Hall.
. International Walk to School Day on October 5th
· OCTA offering free bus rides during the week of October 3'd
· Cut-A-Thon at Artistic Hair to fund cancer research and education on October 16th
· Jim Reichert introduced as new Economic Development Director
· Gail Farber introduced as new Public Works Director
2.
PUBLIC COMMENTS
Cindy Baker, !O51 Arbor Way, spoke on technical problems with the rebroadcasting of
the Council meetings.
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CITY COUNCIL MINUTES
September 27,2005
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 September 8, 15, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, September 13, 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 August 31, 2005.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Award of Professional Engineering Services Agreement to DMC Design Group for
the Preparation of Construction Plans and Engineering Calculations for Katella
Avenue: Santa Ana River to Struck; Taft Avenue: Santa Ana River to Batavia
Street; and Batavia Street: Taft Avenue to SPRR Crossing nlo Grove Avenue (SP
3534). (A2100.0 Agr-4737)
SUMMARY: This agreement authorizes the consultant to provide field surveying,
engineering calculations and preparation of construction bid documents for the Katella
Avenue, Taft Avenue and Batavia Street pavement rehabilitation project.
ACTION: Approved agreement with DMC Design Group in the amount of $76,000.00
and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: Funds are budgeted in the following accounts:
272-5011-483300-3038 (Batavia Street Rehabilitation)
940-9800-483300-3046 (Katella Avenue Rehabilitation)
940-9800-483300-3047 (Taft Avenue Rehabilitation)
$50,000
$35,000
$60,000
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CITY COUNCIL MINUTES
September 27,2005
3. CONSENT CALENDAR (Continued)
3.6
Award of Consultant Services Agreement to Joseph C. Truxaw and Associates for
Engineering Design Services for Project No. SP-3233, Cannon Street Realignment
and Widening. (A2100.0 Agr-4738)
SUMMARY: This contract authorizes Joseph C. Truxaw and Associates to perform
design engineering services for preparing a bid schedule, plans. contract specifications,
right of way documents, and environmental documents for the realignment and widening
of Cannon Street from north of Cerritos Drive to north of Santiago Canyon Road near
Cannon Bridge.
ACTION: Awarded the contract in the amount of $149,460 to Joseph C. Truxaw and
Associates and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
272-5011-483300-3427 $149,460 Gas Tax - Cannon Street Realignment
3.7 Award of Consultant Services Agreement with MuniFinancial to continue as the
third party administrator for assessment districts, community facilities district(s),
and landscape and lighting districts within the City. (A2100.0 Agr-4025.A)
SUMMARY: This is a request that the City Council authorize a five-year agreement with
MuniFinancial to act as the third party administrator for the assessment districts,
community facilities district(s), and landscape and lighting districts within the City.
ACTION: Approved Consultant Services Agreement with MuniFinancial to provide
professional consulting services for FY 05-06 through FY 09-10 in the amount of
$124,500.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: The costs for this service are paid from revenues collected from the
property owners in the various special districts. An appropriation for FY 05-06
expenditures has already been included in the budget.
(REMOVED AND HEARD SEPARATELY)
3.8 Award of Consultant Services Agreemeut with Townsend Public Affairs, Inc. for
Lobbying and Grant Writing Services. (A21 00.0 Agr-4748)
SUMMARY: The City of Orange desires to contract with a firm to provide lobbying
services in Sacramento and to assist in obtaining public and private funds to further the
City's goals. Townsend Public Affairs, Inc. provides lobbying and grant writing services
to a number of public and private agencies throughout the state and has a proven record
of successfully obtaining funding support for their clients.
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CITY COUNCIL MINUTES
September 27,2005
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Ambriz stated he was glad to see grant opportunities being developed m
the City and thanked staff for providing a detailed report on what resources were
currently in place. This report was to be provided to the Consultant.
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Approved the proposed contract for lobbying and grant wntmg services
between the City of Orange and Townsend Public Affairs, Inc. in an amount not to
exceed $67,000 and authorized the Mayor and City Clerk to execute the agreement on
behalf of the City.
FISCAL IMP ACT: Funds in the amount of $67,000 are available for Fiscal Year 2005-
06 in account number 100-0000-426700-0000 (Non-Departmental - Professional and
Consulting Services).
(REMOVED AND HEARD SEPARATELY)
3.9 Award of Consultant Services Agreement with Hogle-Ireland, Inc., a private
planning consulting firm, to provide current and advance planning assignments and
prepare Planning studies or reports for the Planning Division as well as providing
graphic services related to developing brochures for Old Towne. (A2100.0 Agr-
4461.A)
SUMMARY: The goal of the Planning Division is to provide quality professional
planning services. The division is currently experiencing an increase in planning
applications filed as well as a staff shortage. This contract will augment existing staff
with the use of professional planning consultants for the next four months.
Discussion
Councilmember Ambriz asked about an aspect of the contract which includes developing
brochures, and asked about the staff shortage in the Community Development
Department.
Stan SooHoo, Planning Director, explained these brochures, which are only a part of the
contract, are to assist in the historic preservation of Old Towne and will be distributed to
realtors and homeowners. With regard to the staff shortage, two new Planners were just
recently hired, but there is still one current vacancy and one upcoming vacancy, but the
Department is getting close to full staff.
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September 27,2005
3.
CONSENT CALENDAR (Continued)
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City Manager John Sibley noted that consultants are hired for short periods of high
volume work.
Councilmember Ambriz noted he would rather have Hogle-Ireland focus on planning
issues, and not brochures. He questioned the bidding process for this contract and also
suggested the information be placed on the website so the information could easily be
updated; and could not support the consultant doing this part of the work.
Mayor Murphy suggested the contract be broken down and the brochure issue looked at
separately. He agreed that the information is useful for realtors and homeowners, but
suggested the information could be available on the website which could be printed out.
Mayor pro tem Cavecche agreed the information is useful, and questioned the necessity
for better graphics on a brochure. She suggested a breakdown of the costs for this
contract.
Councilmember Dumitru expressed concern about the contract being approved before the
scope of work was specifically broken down; and asked why only Old Towne was being
provided a brochure.
Councilmember Smith noted that education on design guidelines to new homeowners is
important and could prevent more money being spent in the future.
Mayor Murphy suggested the contract be approved, without the brochure scope of work.
Mayor pro tem Cavecche asked that in the future, staff provide the bidding procedures
and all back up information for all contracts and agreements that go to Council. She
agreed that sometimes privatizing work can save money in the long run, and would
support the contract because of the history the City has with Hogle Ireland.
Councilmember Dumitru stated he was not comfortable approving this contract at this
time and would like to see it broken down further.
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Councilmember Ambriz asked staff to provide a tracking mechanism for past
performance of any contractor; and suggested there needs to be more consistency for
graphics.
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September 27,2005
3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche
NOES - Dumitru
ACTION: Approved and authorized the Mayor and City Clerk to execute an agreement
with Hogle-Ireland, Inc., not to exceed $ I 00,000. Staff was directed to provide a report
back to Council on the specific expenditures for this contract; and remove any expenses
for brochures from the contract.
FISCAL IMPACT: Funds in the amount of $100,000 are available in the following
account of the Current Planning Division's budget: 100-602 I -426700 (Other
Professional and Consulting Services). These funds are from salary savings based on
current vacancies. For the Current Planning work, the cost for the contract planners will
be reimbursed by the applicants.
BIDS
3.10 Bid No. 056-08; Community Development Block Grant (CDBG) Project - Hewes
Street Storm Drain Project from Washington Avenue to Marmon Avenue (D-151).
Approval of Plans and Specifications and authorization to advertise for bids.
(C2500.M.17)
SUMMARY: Plans and specifications have been completed for the Hewes Street Storm
Drain Project from Washington Avenue to Marmon Avenue. The project is ready to be
advertised for bids. The estimated construction cost is $332,334.13 including
contingencies and construction engineering.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Hewes Street Storm Drain Project (D- I 5 I).
FISCAL IMP ACT: Funds
following account:
310-9645-483400-5 I 09
are budgeted in the Capital Improvement Program in the
$ 3 I 8,500.00
CDBG Hewes Street Storm Drain
3.11 CLAIMS
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office andlor 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. (C3200.0)
a. Nujan Muhammad
b. Ana Griselda Cuellar
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
September 27,2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Final Acceptance of Bid No. 045-50; SP-3505; McPherson Road Reconstruction from
Chapman Avenue to Spring Street and authorization to file Notice of Completion
with the County Recorder (No staff report reQuired). (A2100.0 Agr-4706)
SUMMARY: Bid No. 045-50; SP-3505; McPherson Road Reconstruction from Chapman
Avenue to Spring Street. The contractor on said job was RJ. Noble Company.
ACTION: Accepted public work improvements, authorized release of Traveler Casualty
and Surety Company of America of Connecticut, Bond No. 104557724, in the amount of
$214,902.58 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
FACILITIES
3.13 Request for early closure of the Orange Public Library facilities to the public on
Wednesday, November 23, 2005. (C2500.I)
SUMMARY: Early closure of the Taft and El Modena Branch Libraries (e.g., at 6:00
p.m. rather than 9:00 p.m.) is requested due to lack of anticipated public use the night
before Thanksgiving Day.
ACTION: Approved closure of Orange Public Library facilities to the public at 6:00 p.m.
Wednesday, November 23,2005.
FISCAL IMP ACT: None. Staff work hours will be shifted on November 23 to begin
earlier in the day, e.g., at 8:00 a.m. or 9:00 a.m. rather than at 12 noon for those who
normally work evenings.
PROPERTY PURCHASE
3.14
Purchase of the property at 1304 North Cannon Street for the purpose of street
widening. (A2100.0 Agr-4756)
SUMMARY: This parcel is necessary for the ultimate widening of the Cannon Street
Realignment Project.
ACTION: Authorized the Mayor and City Clerk to execute escrow and related documents
concerning the purchase of the property at 1304 North Cannon Street, to be used in
connection with the Cannon Street realignment project. Purchase price is $715,000.00,
plus related escrow costs.
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September 27, 2005
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds arc available in the following accounts:
550-5011-483300-3427 $496,000 Cannon Street Rcalignment
285-5011-483300-3427 $219,000 Cannon Strcct Realignment
RESOLUTIONS
3.15 RESOLUTION NO. 10017 (S4000.S.4)
A Rcsolution of the City Council of the City of Orange stating its intent to vacate a
portion of that public street commonly known as Manchester Avenue generally located
on thc wcsterly side of Manchestcr Avcnue and north of Compton Avenuc.
ACTION: Approved.
MOTION - Smith
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecchc, Dumitru
Items 3.8 and 3.9 were removcd and heard scparately. All othcr items on the Conscnt
Calendar were approved as recommendcd.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY
4.1 Reappointment of Tom Gilmer and Mike Hairston to the Park Planning and
Development Commission. (OR1800.0.10)
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
NOES - Ambriz
Moved to reappoint Tom Gilmer and Mike Hairston to the Park Planning and Development
Commission; terms to expire April 2009.
5. REPORTS FROM COUNCILMEMBERS - None
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CITY COUNCIL MINUTES
September 27,2005
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Community Video Advisory Board Annual Report - presented by Pat Buttress,
Board President. (ORI800.0.28)
Pat Buttress thanked thc Board members for their time and efforts in serving on this Board. In
response to questions from Councilmember Ambriz, she noted that Cox Communications does
send a represcntativc to the meetings when neccssary, but Orange is only a very small portion of
their business, so they are not at every mceting. She will ask Time Warner to provide a report to
the Council on in-kind contributions. She also noted that Time Warner offers classes in video
production.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive and file.
7. ADMINISTRATIVE REPORTS
7.1 Report on the CommunitylSports Park for the Del Rio Planned Community.
(T4000.0 TRM-16768)
SUMMARY: On March 8, 2005, the City Council approved Tentative Tract Map 16768 for the
residential development in the Del Rio Planned Community. The Tentative Tract Map proposes
a 10.5-acre community active (sports) park located west of Glassell Street, north of Lincoln
Avenue, and south of the Santa Ana River Channel. The Park Planning and Development
Commission at its meeting on August 11, 2005 recommended approval of the final site plan for
the 1 0.5-acre park at Del Rio.
Discussion
Bonnie Hagan, Acting Community Services Manager, provided a brief report. She noted that all
mitigation measures are on the plan and will be adhered to through the review process.
Councilmember Ambriz asked about the location of the restrooms, asking if they could be more
visible to the tot lot; asked about a cover for the tot lot equipment so it does not get too hot for
children to play on; and asked about wash basins for those playing sports.
Mr. Ed Dahl, Consultant, noted the bathroom is near the multi-purpose building, and that the
Crime Prevention Bureau suggests that the restrooms be visible from the parking lot for safety
reasons. Any type of cover for the tot lot equipment would have to be considered in terms of
cost. They will look into some type of feature on drinking fountains that could possibly be used
as a wash basin. He also explained the concept of a water park.
Mayor pro tem Cavecche asked that in the future, Park Commission Minutes be provided to the
Council with any park plans.
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CITY COUNCIL MINUTES
September 27,2005
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Murphy thanked the Del Rio team for a great development.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved approval of the final site plan for the 10.5-acre community active (sports) park in the
residential development of Tentative Tract Map 16768 in the Del Rio Planned Community; with
suggestions noted from the Council discussion.
FISCAL IMP ACT: The conceptual plans, construction documents and construction are being
prepared and funded by North Orange Del Rio, LLC (Developer). The Developer has requested
the City to allow the financing of the sports park through the issuance of community facilities
district bonds, which will be repaid by future homeowners of the Del Rio Planned Community
by way of a special tax lien.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. HEARINGS
10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN - 2504 E. CHAPMAN
AVENUE. (C2500.M.14)
Time set for a noticed hearing on resolution of necessity to acquire a strip of land at 2504 E.
Chapman Avenue, for intersection improvements at Chapman and Y orba.
Owner of Record: Socony Mobile Oil Company, Inc., A New York Corporation.
David DeBerry, City Attorney, stated they are close to reaching an agreement with the property
owner, but are still trying to get final approvals; but suggested the City proceed with the
condemnation proceedings.
RESOLUTION NO. 10026
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 2504 East Chapman Avenue and
authorizing the acquisition thereof.
Owner of Record: Socony Mobile Oil Company, Inc., A New York Corporation
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CITY COUNCIL MINUTES
September 27,2005
10. HEARINGS (Continued)
MOTION
SECOND
AYES
NOES
-Smith
- Cavecche
- Smith, Ambriz, Murphy, Cavecche
- Dumitru
Moved to approve Resolution No. 10026.
Councilmember Dumitru voted No because he thought the City should wait for the agreement to
be finalized with the property owner.
10.2 GENERAL PLAN AMENDMENT NO. 2004-0005; ZONE CHANGE NO. 1229-04;
MAJOR SITE PLAN REVIEW NO. 355-04 (INCLUDING A DENSITY BONUS); DESIGN
REVIEW COMMITTEE NO. 3942-04; VESTING TENTATIVE TRACT MAP NO. 16787;
MITIGATED NEGATIVE DECLARATION NO. 1736-04; AND MITIGATION
MONITORING PROGRAM - THE OLSON COMPANY. (C2300.E GPA-2004-0005)
The public hearing to consider a proposal for the Manchester Walk Townhomes, an 18 unit
townhome project located at the intersection of Manchester Place and Compton Avenue, including
206 N. Manchester Place was continued to this time from September 13. 2005.
Note: The public hearing was closed.
Mr. Rick Otto, Sr. Housing Manager, reported that Olson Company has agreed to pay $900,000
for the property, but raise the profit sharing provision from 9.5% to 10%. The affordability
clause is still at 50%.
Councilmember Smith wanted to ensure that hcr suggestions to install bollards near the tot lot for
safety reasons and traffic and pedestrian signage were included.
Mayor Murphy suggested that if the Olson Company is asked to take any traffic issues through
the Traffic Commission, that the City should bear the costs for that.
Mayor pro tem Cavecche would be voting No because although she appreciated the Olson
Company bringing up the price for the property, and she finds it an architecturally beautiful
project, she did not think the City is getting the best price for the land that it should.
Council Action:
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy. Dumitru
NOES - Cavecche
Moved to adopt Mitigated Negative Declaration No. 1736-04 and the associated Mitigation
Monitoring Program.
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CITY COUNCIL MINUTES
September 27,2005
10. HEARINGS (Continued)
RESOLUTION NO. 10008
A Resolution of the City Council of the City of Orange approving a General Plan Amendment to
Redesignate Property Located at the Northwest Corner of the Intersection of Manchester Place
and Compton Avenue, including 206 N. Manchester Place, from Office Professional (OP) to
Low-Medium Density Residential (LMDR).
Applicant: The Olson Company
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Dumitru
NOES - Cavecche
Moved to approve Resolution No. !O008.
ORDINANCE NO. 12-05 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the Reclassification of
Property located at the Northwest Corner of Manchester Place and Compton Avenue, including
206 N. Manchester Place, from OP (Office Professional) to R-3 (Multi-Family Residential).
Zone Change 1229-04
Applicant: The Olson Company
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Dumitru
NOES - Cavecche
Moved that Ordinance No. 12-05 be read by title only and same was set for second reading by
the preceding vote.
RESOLUTION NO. 10009
A Resolution of the City Council of the City of Orange approving Mitigated Negative
Declaration No. 1736-04, Major Site Plan Review No. 355-04, Design Review Committee No.
3942-04 and Vesting Tentative Tract Map No. 16787 to allow the construction of an 18 Unit
Townhome Project located at the Northwest Comer of the Intersection of Manchester Place and
Compton Avenue, including 206 N. Manchester Place.
Applicant: The Olson Company
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September 27,2005
10. HEARINGS (Continued)
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Dumitru
NOES - Cavecche
Moved to approve Resolution No. 10009; with the additional conditions regarding the
installation ofbollards near the tot lot and appropriate traffic and pedestrian signage.
10.3 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN ORANGE
REDEVELOPMENT AGENCY AND OLSON URBAN HOUSING, LLC. RELATED TO
THE SALE OF PROPERTY AND CONSTRUCTION OF AN 18-UNIT TOWNHOME
PROJECT - MANCHESTER PLACE AND COMPTON AVENUE. (A21 00.0 Agr-4753)
See related Orange Redevelopment Agency Minutes Item No. 9.1
The joint public hearing with the Orange Redevelopment Agency to consider approving a
Disposition and Development Agreement between the Orange Redevelopment Agency and the
Applicant that specifies the terms and conditions of the sale and subsequent development of the
Manchester property, was continued to this time from September 13, 2005.
Note: See Item 10.2 for discussion.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Mayor pro tem Cavecche would be voting No because although she appreciated Olson Company
bringing up the price for the property, and finds it an architecturally beautiful project, she did
not think the City is getting the best price for the land that it should.
Council Action:
RESOLUTION NO. 10010
A Resolution of the City Council of the City of Orange approving a Disposition and
Development Agreement by and between the Orange Redevelopment Agency and Olson Urban
Housing, LLC regarding property located at Manchester Place and Compton Avenue in the
Orange Merged and Amended Redevelopment Project Area and making certain findings.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Dumitru
NOES - Cavecche
Moved to approve Resolution No. 10010.
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CITY COUNCIL MINUTES
September 27,2005
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 6: 1 0 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to
Government Code Section 54956.9(a):
I) Robin Underwood v. City of Orange, Orange County
Superior Court Case No. 05CC05477;
Note: The Council did not discuss Appointment of Economic Development Director.
b. Public Employee Appointment pursuant to Government Code Section 54957:
Title: Economic Development Director and Community Services Director;
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 of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
13. PUBLIC COMMENTS
Alex Angotti, 2571 Dunbar Street, requested the removal of speed bumps on Heim Avenue.
Jim Hathcock, 1 I 5 N. Glassell, spoke on the Street Fair and requested the following:
compensation to certain businesses during the Street Fair because of lack of seating at
restaurants; better placement of portable toilets; sidewalk cleaning nightly; daily emptying of
dumpsters; businesses named additional insured on insurance policies; and window washing of
businesses at the end of the Fair.
Dennis Caldwell, 201 E. Chapman, spoke on the Street Fair and concerns to downtown
businesses.
Julep's businessowner, 115 N. Orange Street, spoke on the Street Fair and the fact that large
dumpsters were blocking their business during the Fair.
14. PUBLIC HEARINGS
14.1 SEIR1278/DEIR 1716 I GENERAL PLAN AMENDMENT 2003-0001
AMENDMENT TO SANTIAGO HILLS II PLANNED COMMUNITY (ZONE CHANGE 1218)
ADOPTION OF EAST ORANGE PLANNED COMMUNITY (ZONE CHANGE 1219)
PRE-ANNEXATION DEVELOPMENT AGREEMENT I RUNOFF MANAGEMENT PLAN
DESIGN GUIDELINES FOR SHII AND EOPC AREA 1
CONCEPTUAL GUIDELINES FOR EAST ORANGE AREAS 2 & 3
TENTATIVE TRACT MAP 16199 I TENTATIVE TRACT MAP 16201
TENTATIVE TRACT MAP 16514 I CONDITIONAL USE PERMIT 2488-03
(C2300.E GPA-2003-0001)
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September 27,2005
14. PUBLIC HEARINGS (Continued)
Time set for public hearing to consider a request by The Irvine Company for a project known as
Santiago Hills II Planned Community (SHIl) and East Orange Planned Community (EOPC).
The request incorporates:
o
Certification of Final SEIR 1278/Final EIR 1716
o A General Plan Amendment has been prepared to integrate the SHII and EOPC changes into
the existing City General Plan and eliminate the East Orange General Plan (EOGP);
o Minor changes are proposcd to the adopted SHII Planned Community Regulations, and
adoption of the East Orange Planned Community Regulations;
o Adoption of a pre-annexation Development Agreement that will cover the entire study area
and details benefits to the City in exchange for development assurances to the applicant;
o Adoption of a Runoff Management Plan (ROMP) that will handle storm water and water
quality treatment for runoff from the entire project site;
o Adoption of Design Guidelines for SHII & EOPC Area 1, conceptual Design Guidelines for
EOPC Area 2 & 3, that cover community level landscaping, home types (architecture treatment),
and neighborhood design elements;
o Approval of Tentative Tract Map 16199, a 201.1 acre subdivision into residential lots that
could permit up to 405 dwelling units, a 4.7 acre local park site, along with open space lots that
include native areas and a restored riparian area;
o Approval of Tentative Tract Map 16201, a 270.9 acre subdivision into residential lots that
could permit up to 1,103 dwelling units along with a 128 unit affordable housing project, a 3.0
acre local park site and preservation of native areas that directly adjoin Irvine Park;
o Approval of Tentative Tract Map 16514, a 426 acre subdivision into residential lots that
could permit up to 1,018 dwelling units, a 6.3 acre local park site, a 3.9 acre local park site, a
20.1 community sports park site, over 120 acres will be preserved as native open space and 56
acres will be revegetated with native flora, all TTM's will have offsite improvements that
include storm drain improvements and two new water reservoirs just outside ofTTM 16201 and
TTM 16514; and
o Approval of Conditional Use Permit 2488-03 for a 128 unit affordable housing project
located in TTM 16201, lot 323 ofSHIl, where all of the 128 dwelling units will be affordable to
very low income family households.
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CITY COUNCIL MINUTES
September 27,2005
14. PUBLIC HEARINGS (Continued)
LOCATION: Santiago Hills II Planned Community (SHII) is 496 acres and located east of
Jamboree Road, south of Irvine Park and west of SR 241/261 and north of the city boundary on
Jamboree Road. East Orange Planned Community (EOPC) is 6,335 acres and located east of SR
241/261, north and south of Santiago Canyon Road and continued easterly to beyond Irvine Lake
(Santiago Reservoir), EOPC Area I is located just east ofSR 241/261, north of Santiago Canyon
Road, and south of the NCCP boundary, EOPC Area 2 is located east ofIrvine Lake and north of
Santiago Canyon Road, and EOPC Area 3 is located south of Santiago Canyon Road and east of
proposed Jeffery Road.
ENVIRONMENTAL INFORMATION: In accordance with the requirements of the local
CEQA Guidelines, State CEQA Guidelines and the California Environmental Quality Act,
Supplemental Environmental Impact Report (SEIR) 1278/Draft Environmental Impact Report
(DEIR) 1716 was prepared to evaluate the environmental impacts associated with the proposed
SHII EOPC development project.
Staff Presentation - Principal Planner, Ed Knight reported that the Council adopted a General
Plan Amendment to the East Orange General Plan in 2000 for SH II, along with Planned
Community Regulations. The current process proposes a minor change to the Planned
Community Regulations, as well as the two tentative tract maps. He reviewed the proposals for
the project:
Final Supplemental EIR 1278/Final EIR 1716 - Mr. Knight detailed the process for issuing the
various documents which required holding a review period to receive comments, as well as
preparing responses from staff. He added that a Statement of Overriding Considerations was
also prepared to address three areas not able to be mitigated to a level of insignificance: visual
resources; air quality; and traffic (which includes two intersections on the Master Plan of Arterial
Highways outside the City of Orange limits).
General Plan Amendment 2003-0001 - Mr. Knight indicated that the East Orange area has been
integrated into the Citywide General Plan to include all graphics, entire city sphere of influence
and the study areas of both SHII and EO. He added the changes to the Master Plan of Arterial
Highways is being updated, along with the bikeway plan being integrated into the General Plan.
East Orange Planned Communitv Development Plan and Zoning Map - Mr. Knight detailed the
Zone Change 1218 application, stating that in 2000 the Planned Community Regulations had
been adopted, but with the changes to the Mastcr Plan of Arterial Highways there are minor
changes to the proposed regulations. Also, the elementary school site in SHII is being
eliminated. He further identified the newly proposed East Orange Planned Community
document for Zone Change 1219. He detailed the home types being planned, as well as open
space acreage, Irvine Lake and commercial-recreational district information.
Pre-annexation Development Agreement for Santiago Hill II and East Orange Planned
Communities - Mr. Knight stated that the agreement time frame is 15 years, with a possible
renewal for 5 additional years. He explained the purpose of the agreement and the benefits to the
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CITY COUNCIL MINUTES
September 27,2005
14. PUBLIC HEARINGS (Continued)
City which include: park trail improvements, an affordable housing project site in Tract 16201, a
fully-staffed and equipped fire station, equestrian facility, traffic improvement payments,
aeration unit in Peter's Canyon reservoir, and sales tax on the construction materials to be used
in the proj ect.
Run Off Management Plan (ROMP) - Mr. Knight indicated that the ROMP is a storm water
drainage plan and water quality program which has been approved by the County of Orange and
recommended for adoption by the Peer-Reviewer. He stated that the actions implemented as a
result of the ROMP included: diverting flows away from Peter's Canyon Reservoir and Handy
Creek, additional culvert at Jamboree, flood condition improvements for Irvine Park, installation
of water quality best management practices, water detention wetlands to allow water to percolate
and be treated, elimination of low flow nuisance run-off during summer months, treatment of
first flush storms and stream stabilization.
Design Guidelines for Santiago Hills II and East Orange Area I - Conceptual Design Guidelines
for East Orange Areas 2 and 3 - Mr. Knight explained the guidelines on each project, which
include: landscape designs; neighborhood designs; architectural designs-Spanish Colonial and
Cottage Monterey craftsman; and home types--conventional single-family detached, duplexes,
single-family attached;
Tentative Tract Maps 16199, 16201 and 16514 - Mr. Knight explained Tentative Tracts 16199
and 16201 are in the Santiago Hills II Project and Tentative Tract 16514 is in the East Orange
Planned Community Area 1. He detailed the notable features of each tract map:
Tract Map 16199 - South of Chapman Avenue along Jamboree Road, west of the corridor.
. The knoll located in this area will be preserved as native open space;
. Marsh area, which now contains a riparian area;
· Local park for this site and local trail system connecting to the County trail system.
Tract Map 16201 - North of Chapman, up to Irvine Park.
. Open space area adjoining Irvine Park will be offered in dedication to the park;
· Many ofthcse areas will remain as native with trees preserved in place and all the homes
built will be shielded from the park.
· The elimination of the elementary school has resulted in a revised park program. Instead
of a 4.78 acre park, it is proposed to have a three acre park, a three acre private recreation
facility for residents, and the City would receive $4,250,000 towards Grijalva Park in lieu
of the 1.78 acres. This remaining acreage would result in four additional dwelling units.
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CITY COUNCIL MINUTES
September 27,2005
14. PUBLIC HEARINGS (Continued)
Tract Map 16514-
. Large area of open space offered to conservancy - if a conservancy is not interested, then
the Homeowners Association (HOA) will take care of the land;
. 20-acre sports park.
Conditional Use Permit 2488-03 - Lot 341 of TTM 16201 - This application was filed by the
City of Orange Redevelopment Agency for an affordable housing plan. The CUP request is for a
density bonus of 46 additional units for a total of 128 dwelling units and a waiver of the
development impact fees-fire, library, police, TSIP fees, as a financial incentive. The
affordability agreement would have to be approved by the City Council and would be in effect
for a minimum of fifty-five years ensuring that the units would retain an affordability status.
Council Ouestions
Mayor pro tem Cavecche asked for clarification of the three-acre private facility for the
residents; mitigation measures versus benefits as a result of the Development Agreement being
signed; and the waiving of fees in addition to the density bonus. She asked if the fiscal analysis
has been performed by staff on the project without Area III; and asked for clarification on the
TSIP fees.
Mr. Knight clarified the plan by the Irvine Company to build the private facility with pool,
meeting room, and possible additional amenities; that the CUP conditions include the density
bonus and possibly the waiver of fees.
City Manager, John Sibley indicated that staff has completed the fiscal analysis.
Roger Hohnbaum, Assistant City Engineer, indicated that payments for transportation
improvements which are to be made by the Applicant will consist of three categories: Area C
Transportation System Improvement Program Funds, Traffic Impact Mitigation Fair Share
Payments, and a Supplemental Traffic Contribution.
In response to questions posed from Councilmember Dumitru, Mr. Knight indicated that the
private park facility will be exclusively for the residents use; the SHII project is a total of 496
acres; and Area I has 120 acres of preserved open space which will be patrolled by the County
Sheriff.
Councilmember Dumitru also expressed concern that the ROMP was not more readily available
to the public.
Councilmember Smith asked about the water basins and also the additional staff time involved
with the Mitigation Monitoring Program.
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September 27,2005
14. PUBLIC HEARINGS (Continued)
Mr. Knight indicated the City can choose to maintain some of the water basins where the water
flows over the public right-of-way to ensure efficient operation. It was also noted the fiscal
analysis addresses staff time involved in this project, pointing out that costs are taken from the
permit fees collected by the City.
In response to statements by Councilmember Ambriz regarding the toll roads, Mr. Knight
indicated that an additional on/offramp will be built at Weir Canyon. This will alleviate some
of the congestion on Santiago Canyon Road and Cannon. He also noted that environmental
studies look at all anticipated projects in the area for traffic analyses, including the Mountain
Park development in Anaheim.
Councilmember Ambriz asked when funding would be available to address traffic problems that
exist today; if the City of Villa Park had commented on any inherent traffic problems they may
inherit as a result of this project; where the school will be located in SHII; and asked about the
ROMP and the problems with Handy Creek. He asked about the traffic studies and the numbers
used based on certain projections. He also clarified that there are no plans for a jail in East
Orange.
Mr. Knight indicated the City of Villa Park had sent a letter regarding schools, but not traffic
problems; that the plan for locating the school is in Area I, adjacent to the Sports Park; and that
there are no additional plans to address existing problems in Handy Creek. He also indicated
that the traffic studies are based on zoning projections and based on the entire build out of the
proj ect.
Responding to questions regarding the TSIP funds, Mr. Knight explained that $2.3 million of the
fees will go to the intersection improvements and that another $4 million is being paid through
the Development Agreement. He further stated that the $2.3 million may not be enough to cover
the fair share costs of the improvements, which would require a portion of the $4 million to
cover the deficit to complete the improvements.
Assistant City Engineer, Roger Hohnbaum stated that the fair share payment for mitigation of
the two intersections - Santiago Canyon Road/Cannon, and ProspectlChapman is more than the
TSIP funds available. $3.45 Million is left over for other areas needing improvements.
The Irvine Company Senior Vice-President, Dan Miller, presented the report on the
development, stating that many workshops and community meetings were held to review the
details of this project. He spoke on the size of the development in comparison to the size of the
open space involved and the length and activities that have been part of the process, as well as
the benefits of the project. He stated that the East Orange project is less than 2,000 acres in a
sphere of influence of 22,000 acres equating to 90% of the land involved remaining as open
space permanently; and this project will finalize the remaining buildable area, which is
surrounded by 100,000 acres of open space.
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CITY COUNCIL MINUTES
September 27,2005
14. PUBLIC HEARINGS (Continued)
Mr. Miller indicated the EIR and response to comments were made available to the community
well beyond requirements; and that The Irvine Company has met and negotiated with the School
District.
Mr. Miller stated that the fee ordinance resulted in $ 112.5 million being generated for the City,
but to maximize the benefit to the community, all improvements made as a result of the project
amounts to $245 million in public improvements.
Mr. Miller stated that the Irvine Company has committed to 160 conditions of approval and 230
measures in the mitigation monitoring plan. He thanked the City staff, consultants and the
community for their cooperation.
Responding to Council questions, Mr. Miller stated the Weir Canyon offlon ramp from the toll
road will be completed in 2007; The Irvine Company has provided statistics to City staff for the
fiscal analysis; the concept of the project is twenty years old-this version being into its third
year; The Irvine Company is opposed to the suggested tunnel concept through the hills to
alleviate traffic; and that the projected buildout is five to seven years.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Those speaking In Favor:
Comments included: The Irvine Company has listened to the community and made
modifications to the plan; there is an obligation to provide housing with balance and
thoughtfulness; recreational opportunities with the project;
Tammy Warren, East Orange resident
Eric Inglett, Address on File
Tom Grochow, Pine Street
Mike Boeck, Silverado Canyon
Those speaking in Opposition:
Comments included: Traffic congestion; need more affordable housing with this development;
need for additional infrastructure to support the housing; impacts to schools; agreement with
School District is not adequate; need to address water and sewer service issues; availability of
documents was not adequate; suggestion to change plan to a smaller, urban village area closer to
the City limit; limited access to the project area; requested recirculation of environmental
document; environmental impact to Arroyo toad; impacts to Santiago Canyon Road and adjacent
residences; request to keep Santiago Canyon Road a 4-lane road and not expand it to a 6-lane
super highway; light pollution and impacts to night time sky; need for a more balanced
project.
John Baker, Address on File
Florice Hoffman, Orange
Theresa Sears, Address on File
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CITY COUNCIL MINUTES
September 27, 2005
14. PUBLIC HEARINGS (Continued)
Julia Jones-Ufkes, Address on File
John Ufkes, Address on File
Kathy Ashford, Address on File
Andrew Ashford, Address on File
Tom Davidson, Address on File
Chris Koontz, Address on File
Elizabeth Bonner, Address on File
Ed Amador, Canyon Land Conservation Fund
Karl Greenblatt, Address on File
Nick Terpstra, Jarnestown Way
Nick Draganov, East Orange - submitted petition
Anthony Mack, Silverado Canyon
Sherry Meddick, Silverado Canyon
Scott Breeden, Silverado Canyon
Robert Ward
Other Comments:
Peter Wetzel, Address on File - do not build in Area 3; do not build a shopping center; need
more traffic mitigation; public trails should remain public.
Martha Wetzel, Address on File - do not build in Area 3; need more assessment of the project.
The City Council continued this item to October 11, 2005 at 7:00 p.m. The public hearing
remains open.
15. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT - The City Council adjoumed at I I :00 p.m.
The next Regular Council Meeting is scheduled for October I 1,2005.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of September 27, 2005 at Orange Civic Center kiosk, Police facility at 1107 North Batavia,
Shaffer Park; all of said locations being in the City of Orange and frcely accessible to members of the
public at least 72 hours before commencement of said regular meeting; and available at the Civic Center
City Clerk's Office.
ARK A. MURP
MAYOR
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