10/25/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON NOVEMBER 8, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 25,2005
The City Council of the City of Orange, California convened on October 25,2005 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 Sister Joan Cunningham, Police Chaplain
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 241, St. Paul's Lutheran Church
1.3 ROLL CALL
PRESENT -
ABSENT -
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of the American Legion Post 132, Michael and Gayle Merino and Rodney
Luker for their involvement with the installation of the Veterans Memorial Flag Pole at
Depot Park.
Employee Service Awards presented to Mary Murphy - City Clerk; Alice Angus -
Community Development; Nora Jacob - Library; Damitri Langhoff - Library; Lorna
Adkins - Library; Fedgy Casapulla - Police; John Lopez - Public Works.
The Mayor announced the Treats in the Streets event on October 27'h.
2.
PUBLIC COMMENTS
Mary Dargatz, Burly A venue, asked about the passive portion of Y orba Park; the hours of
the dog park; and spoke on concerns with the BMX facility.
Calvin Kreitner, spoke on the Second Harvest Food Bank annual food drive.
Tobi Adaro, 426 W. Almond, spoke on the Second Harvest Food Bank annual food
drive.
Je'net Kreitner, Second Harvest Food Bank, spoke on the annual food drive.
CITY COUNCIL MINUTES
October 25,2005
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 October 6 and 13,2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, October 11, 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 September 30, 2005 .
(C2500.F)
ACTION:
Approved.
3.5 Receive and file the Investment Oversight Committee Report for the period ending
July 31, 2005. (ORI800.0.27.16)
ACTION:
Approved.
AGREEMENTS
3.6 Approval of Consultant Services Agreements with Empire Economics, Inc. and
Stephen G. White MAl for the preparation of a market absorption study and
appraisal report, respectively, for the proposed formation of a Community Facilities
District (CFD) for the Del Rio residential development project. (A2100.0 Agr-4773-
4774)
SUMMARY: North Orange Del Rio, LLC, a California limited liability company, the
developer of a 716 unit residential development project commonly referred to as the Del
Rio residential development project, has asked the City to form a CFD pursuant to the
Mello-Roos Community Facilities District Act of 1982 (California Government Code
Sections 53311 et seq., as amended; herein the "Act") for the purpose of financing the
cost of certain public improvements proposed to be constructed as part of the Del Rio
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3.
CONSENT CALENDAR (Continued)
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project. Before a resolution of intention to form the CFD is brought before the City
Council for consideration, we need to obtain a market absorption study and appraisal.
ACTION: Approved a Consultant Services Agreement for Market Absorption services
with Empire Economics Inc., a California Corporation; and, approved a Consultant
Services Agreement with Stephen G. Whitc; and, authorized the Mayor to execute and
the City Clerk to attest both agreements on behalf of the City.
FISCAL IMPACT: The Developer has previously deposited funds with the City to be
used by the City to pay the fees and expenses of any consultants to the City employed in
connection with the formation of the CFD (including the costs of appraisals, absorption
studies and other reports necessary or deemed advisable by City staff in forming the
CFD) and issuing bonds for the CFD. If the CFD is formed and bonds are issued, the
City shall provide for reimbursement to the Developer, without interest, of all amounts
charged against the amount deposited with the City, said reimbursement to be made
solely from the proceeds of such bonds.
3.7
Request to authorize execution of two agreements with Vernon Library Supplies,
Inc. dba Integrated Technology Group (ITG), for purchase of Radio Frequency
Identification (RFID) and Automated Materials Handling (AMH) systems consisting
of RFID tags, patron self-check machines, automated book check-in and sorting,
and inventory functions, for a combined amount not to exceed $577,324. (A2100.0
Agr-4775)
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SUMMARY: With next year's opening of an expanded new Main Library building that
will be two and a half times the size of the previous facility, Library staff anticipates that
both patron visits and library materials borrowing will, at minimum, double. For the past
three years, a Library team has been researching technology solutions that will assist with
meeting the new service-level demands without a commensurate increase in Circulation
staffing levels. The Library has identified Radio Frequency Identification (RFID) tags
and equipment as the backbone of a new infrastructure that will allow for streamlined
patron self-checkout and payment technologies, with a goal of having 100% self-
checkout by Orange Public Library users. Automated materials handling (AMH) - a
smart conveyor and sorting system -- will enable automated check-in and sorting of
returned library materials, as well as collection management, security and inventory
functionality. With the guidance of Richard Boss, the nation's leading library automation
consultant, Library staff has in 2005 conducted a thorough evaluation ofRFID and AMH
technology, surveyed the marketplace, issued a Request For Proposal (RFP), evaluated
proposals from six vendors, issued a second RFP to the three finalists selected,
participated in on-site vendor demonstrations, and visited library sites that have installed
systems from the top two vendors. The Library now seeks to move forward with
purchasing RFlD, AMH and patron self-service checkout and payment systems for
installation in the expanded new Main Library facility.
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October 25,2005
3. CONSENT CALENDAR (Continued)
ACTION: a) Authorized expenditure not to exceed $577,324 in one-time costs for RFID,
AMH, and patron self-checkout systems for the expanded new Main Library, including
hardware, software, professional services (including maintenance and support) and
supplies; and b) Authorized the Mayor and City Clerk to execute the following two
agreements with Vernon Library Supplies, Inc. dba Integrated Technology Group (ITG),
on behalf of the City of Orange: 1) For the purchase of hardware, software, supplies and
professional services from ITG that will provide the Library with a turnkey solution for
these systems; and II) For annual maintenance and support for all systems purchased
from ITG under the RFID and AMH Purchase Agreement.
FISCAL IMP ACT:
following accounts:
500-2001-481200-9901 CIP Bldg and Improvements, Main Library Expansion
100-2004-443400-9302 Craft Supplies ~ Automated Library System (RFID tag labels)
100-2004-443410-0000 Book Processing Supplies (RFID tags)
100-2004-471301-0000 Furniture, Machinery, Equip. Additions (conversion equip.)
Total
A total of $577,324 is currently allocated and available in the
$412,024
$ 8,800
$124,000
$ 32,500
$577,324
3.8 Award of Consultant Services Agreement to Kabbara Engineering, Inc. for
Engineering Design Services for Project No. SP-3539 and SP-3540, Cambridge
Street Rehabilitation from SR-22 to La Veta Avenue and Collins Avenue to Adams
Avenue, respectively. (A2100.0 Agr-4776)
SUMMARY: This contract authorizes Kabbara Engineering to perform engineering
design services for preparing a bid schedule, plans, and contract specifications for the
rehabilitation of Cambridge Street from SR-22 to La Veta Avenue and from Collins
Avenue to Adams Avenue.
ACTION: Awarded the contract in the amount of $39,790.00 to Kabbara Engineering,
Inc. 121 North Harwood Street, Orange, CA 92866 and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
272-5011-483300-3044 $50,000 Gas Tax Cambridge Street, Collins to Adams
3.9 Reciprocal Easement Agreement between Orange Unified School District and the
City of Orange for vehicle access and parking at 250 South Y orba Street. (A2100.0
Agr-4777)
SUMMARY: An Agreement to establish reciprocal easements between Orange Unified
School District (OUSD) and the City of Orange to allow: OUSD to have vehicular access
through the parking lot at Yorba Park to OUSD's newly constructed parking lot at the
Career Education Center (Parkside School), which is located at 250 South Y orba Street;
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CITY COUNCIL MINUTES
October 25, 2005
3.
CONSENT CALENDAR (Continued)
and the City and members of the general public to use OUSD's parking lot on such days
and times that the Career Education Center is not open and operating for school purposes.
Note: Staff requested this item be removed from the Agenda.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Removed this item from the Agenda.
(REMOVED AND HEARD SEPARATELY)
3.10 Approval and authorization to award a third one-year extension of Service Contract
AGR 4201 with Recovr X, Inc. for sidewalk cleaning services in the Plaza, Plaza
Park and Metrolink Station. (A21 00.0 Agr-4201.3)
SUMMARY: The City currently has a contract with Recovr X, Inc. for environmental
cleaning services of the concrete sidewalks in the Plaza, Plaza Park and the Metrolink
Station. The service includes the cleaning of the outdoor dining areas in the Plaza. A
portion of the funding for this contract is the revenue received from the outdoor dining
permits. The contract provides for four one-year extensions.
Discussion - Councilmember Smith asked about the frequency of sidewalk cleaning and
the type of cleaning that is done.
Bob Von Schimmelmann, Maintenance Division Manager, explained the dining areas in
the Plaza are cleaned twice per month, except for Felix Cafe who pays an additional fee
to have that area cleaned weekly. The sidewalk areas in the quadrants and the spoke
streets are cleaned every other month. It is an environmental cleaning of pressure
washing which does not allow any run off.
Councilmember Smith suggested more frequent cleaning of the sidewalks - maybe
monthly; and wanted to ensure that the Downtown businesses are informed of how to
contact the Public Works Department for additional assistance if needed.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Approved a third one-year extension of contract AGR 4201 with Recovr X,
Inc. commencing on July I, 2005 and continuing to and including June 30, 2006, at
current rates in an amount not to exceed $45,230.00; with direction to staff to provide a
report back to Council on the costs for ore frequent cleaning of the Plaza sidewalks in the
future.
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October 25, 2005
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Contract total not to exceed $45,230.00. Funds are available in the
current budget in the following accounts:
100-5022-427100 General Fund - Sanitation/Contractual Services
220-5022-427100 Sanitation & Sewer - Sanitation/Contractual Svcs
940-9800-424500 Merged & Capital Projects - Contractual Services
$29,120.00
8,700.00
7,410.00
3.11 Award of Professional Services Agreement with Joseph C. Truxaw for Surveying
and Base Plans for water main line replacements for Via Escola/Rosemere
Street/Townsend Avenue area. (A2100.0 Agr-4778)
SUMMARY: This Agreement authorizes the Consultant to provide field surveying,
underground utilities research, and prepare base plans for future water main line
replacements in the Via Escola/Rosemere/Townsend area.
ACTION: Awarded an Agreement in the amount of $6,000.00 to Joseph C. Truxaw
& Associates, Inc., 265 S. Anita Drive, Suite Ill, Orange, CA 92868, and authorized the
Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and are available in the following account:
601-8011-484501-8402 Via Escola Pipeline $6,0000.00
3.12 Award of Consultant Services Agreement to Kabbara Engineering Inc. for Bond
Engineering Design Services for Project No. SP-3535, Bond Avenue Rehabilitation
from Prospect Street to 400 feet east of Little Lane (City Boundary). (A21 00.0 Agr-
4779)
SUMMARY: This contract authorizes Kabbara Engineering to perform engineering
design services for preparing a bid schedule, plans, and contract specifications for the
rehabilitation of Bond Avenue from Prospect Street to 400 feet east of Little Lane.
ACTION: Awarded a contract in the amount of $36,385.00 to Kabbara Engineering and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
272-5011-483300-3045 $45,000.00 Gas Tax 2105
APPROPRIATION
3.13 Appropriation of revenue for special events and youth programs. (C2500.N)
SUMMARY: City Council is being asked to accept and appropriate sponsorships,
donations and grants received between January 2005 and September 2005 in the amount
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3.
CONSENT CALENDAR (Continued)
of $5,141.78 for the purchase of supplies, equipment and entertainment for annual special
events and youth sports, and appropriate the final $29,314.05 Signs of Support funds for
youth programs.
Note: Staff requested this item be removed from the Agenda.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Removed this item from the Agenda.
BIDS
3.14 Project No. SP 3542: Fuel system upgrades at the Corporation Yard, installation of
new above ground storage tanks at Fire Stations No.3 and No.6, and removal of
outdated tanks at the Fire Headquarters. (C2500.M)
SUMMARY: Plans and specifications have been completed for Fuel system upgrades at
the Corporation Yard, installation of new above ground storage tanks at Fire Stations No.
3 and No.6, and removal of outdated tanks at the Fire Headquarters. The project is ready
to be advertised for bids. The estimated construction cost is $350,000 including
contingencies and administration.
ACTION: Approved plans and specifications and authorized advertising for bids for Fuel
system upgrades at the Corporation Yard, installation of new above ground storage tanks
at Fire Stations No.3 and No.6, and removal of outdated tanks at the Fire Headquarters.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
120-5011-484400-2632 $ 25,200 Fuel Tank installation- Fire Station 3 (Prop. 172)
720-5011-481105-9855 $ 226,709 Fuel Tank Storage Replacement
720-5023-484400-9855 $ 175,161 Fuel Tank Storage Replacement
CONTRACTS
3.15 Final Acceptance of a certain public work and improvement; Bid No. 045-01, traffic
signal interconnect and fiber optic cable installation from the City Corporation
Yard to City Hall, via Chapman Avenue, Main Street and Katella Avenue. (No staff
report required.) (A2100.0 Agr-4577)
SUMMARY: Moore Electrical Contracting, Inc. was awarded a contract on November
9, 2004 providing an interconnect communications link for the traffic signals on Main
Street from Chapman Avenue to Katella Avenue, and on Chapman Avenue from Main
Street to City Hall. This project also provides opportunities for video monitoring of
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October 25, 2005
3. CONSENT CALENDAR (Continued)
intersections and communications links between City Hall and the Traffic Management
Center at the Corporation Yard. Total cost of this project was $549,150.30.
ACTION: Accepted public work improvement, authorized release of retention funds,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
PURCHASE
3.16 Purchase of two (2) Holmatro Hydraulic Rescue systems. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of two (2)
Holmatro Hydraulic Rescue systems for a total of $ 60,111.57.
ACTION: Authorized purchase of two (2) Holmatro Hydraulic Rescue systems from
FS3 (Fire Service Specification & Supply).
FISCAL IMPACT: Sufficient funds are available in the following accounts:
100-3022-471301 (Machinery & Equipment) $40,253.00
120-3022-471301 (Machinery & Equipment) $ 4,858.00
Additionally, $15,000 in Cal JAC (California Joint Apprentice Committee) funds will be
utilized for this purchase. Cal JAC is a partnership between the California Professional
Firefighters and the California Fire Chiefs Association.
RESOLUTIONS
3.17 RESOLUTION NO. 10000 (C2500.J.4.2.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Police Management
Association Concerning Wages, Hours, and Other Terms and Conditions of Employment
Effective July I, 2005 through June 30, 2008, and Repealing Resolution No. 9386 and
Amendments Thereto for Said Employees.
ACTION:
Approved.
(REMOVED AND HEARD SEPARATELY)
3.18 RESOLUTION NO. 10016 (A4000.0 APP-501-05)
A Resolution of the City Council of the City of Orange denying Appeal No. 501-05 and
Upholding the Decision of the Planning Commission Adopting Mitigated Negative
Declaration 1748-05 and Approving Conditional Use Permit 2511-04 to allow the
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3.
CONSENT CALENDAR (Continued)
expansion of a Private School from 75 Students to a Maximum Enrollment of 150
Students at the property located at 1130 East Walnut Avenue
Applicant: Creekside Christian School
Note: Mayor pro tem Cavecche abstained on this item due to the proximity of her
residence; and left the dais. Councilmember Ambriz abstained on this item as he was not
present at the public hearing.
Discussion - Councilmember Smith cited this project as a great example of the
community and the church working together, noting that the neighbors had provided
some financial assistance for the fencing.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Dumitru
ABSTAIN - Ambriz
ABSENT - Cavecche
ACTION: Approved.
3.19 RESOLUTION NO. 10032 (OR1800.0.27.16.2)
A Resolution of the City Council of the City of Orange Approving and Adopting a
Statement of Investment Policy for Fiscal Year 2005-06.
ACTION: Approved.
MOTION - Dumitru
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Items 3.10 and 3.18 were removed and heard separately. Items 3.9 and 3.13 were
removed from the Agenda. Mayor pro tem Cavecche left the dais for Item 3.18; and
Councilmember Ambriz abstained on Item 3.18. All other items were approved as
recommended.
END OF CONSENT CALENDAR
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4.
REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS - None.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER- None.
9. LEGAL AFFAIRS - None.
10. NOTICED HEARINGS
10.1 PROPOSED STREET VACATION - PORTION OF MANCHESTER AVENUE
ON THE WESTERLY SIDE OF MANCHESTER AVENUE AND NORTH OF
COMPTON AVENUE. (S4000.S.4)
The City Council adopted Resolution No. 10017 on September 27, 2005 stating the City's intent
to vacate a portion of Manchester Avenue. Having duly noticed and posted notice of a hearing,
the City Council has set this time for all persons interested in the proposed vacation and to
consider whether to adopt Resolution No. 10031.
RESOLUTION NO. 10031
A Resolution of the City Council of the City of Orange vacating a portion of an easement for
public road and highway purposes on real property generally located on the westerly side of
Manchester Avenue and north of Compton A venue.
MOTION - Smith
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10031.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
Note: The City Council recessed at 5:30. They did not meet in Closed Session.
The City Council will recess to a Closed Session for the following purposes:
a. 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.
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CITY COUNCIL MINUTES
October 25, 2005
7:00 P.M. SESSION
13. PUBLIC COMMENTS -
Marty Poort, Address on File, spoke on evacuation plans for East Orange; and asked to
participate on a Committee for this purpose.
14. PUBLIC HEARINGS
14.1 CITY OF ORANGE 2005 URBAN WATER MANAGEMENT PLAN (C2300.K)
Time set for public hearing to consider adoption of the City's Urban Water Management Plan.
Per State law, the Plan must be updated every five years. The Plan discusses current and future
water demands, the availability and reliability of water supplies, various water demand
management measures to reduce water use, and a water shortage contingency plan.
NOTE: Staff has requested this hearing be continued to November 8, 2005.
RESOLUTION NO. 10030
A Resolution of the City Council of the City of Orange adopting the 2005 Urban Water
Management Plan.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue to November 8, 2005 at the 4:30 p. m. Session.
14.2 GENERAL PLAN AMENDMENT NO. 2004-0006, SANTA FE DEPOT SPECIFIC
PLAN AMENDMENT NO.2, ZONE CHANGE NO. 1230-04, TENTATIVE TRACT NO.
16786, MAJOR SITE PLAN REVIEW NO. 358-04, DESIGN REVIEW COMMITTEE NO.
3944-04, DEMOLITION REVIEW FOR NON-CONTRIBUTING STRUCTURE IN OLD
TOWNE HISTORIC DISTRICT, MITIGATED NEGATIVE DECLARATION NO. 1737-04,
MITIGATION MONITORING PROGRAM - 501 WEST MAPLE - OLSON COMPANY
(C2300.E GPA-2004-0006)
Time set for public hearing to consider a proposal for a Transit Oriented Development adjacent to
the Santa Fe Depot, which will include 32, for-sale, residential units, with three of the units
fronting on Maple Avenue designed as live/work units. The project is providing five (15%) of the
units as affordable, for-sale units to persons of moderate income, for a period of 45 years. Total
parking for the units is 81 parking spaces, which is one space over the required number of 80
spaces. Each of the units will have a two-car garage, resulting in 64 covered garage spaces.
Additionally, seven open guest parking spaces will be provided onsite, as well as nine open retail
parking spaces, serving as the parking for the commercial component of the three-live/work units.
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14. PUBLIC HEARINGS (Continued)
Finally, one additional open parking space is provided. The proposed units are a maximum of 32
feet in height, each unit having two stories, with a partial mezzanine (or third story).
Alice Angus, Community Development Director, provided a brief staff report.
Councilmember Ambriz expressed concern on some of the types of uses that could be allowed in
the work units; and asked about the compatibility of the project with the surrounding
neighborhood.
Ms. Angus explained that the Council can refine or restrict the types of uses for the work units.
She explained that this project is meant to be transit oriented and a transition area between the
residential neighborhood and the industrial area, which is why the architecture has picked up
some of the industrial elements.
Councilmember Smith asked about the front windows in the work units and the windows along
the property lines; expressing concern that the windows along the south and west property lines
need to be configured for privacy. She asked about restricting the work units so they are not
sublet for residential purposes; and asked about the condition for underground utilities.
Ms. Angus explained the windows in the front are storefront type windows and meant to be
transparent, not opaque. She stated the intent of the work units is for them to remain as work
units and there can be a deed restriction to that affect. Also, with regard to the underground
utilities, the applicant will need to work on a plan with Public Works and Edison and develop a
feasibility study for this. Public Works has the ultimate decision for undergrounding the utilities
based on consultations with the utility companies.
Councilmember Dumitru confirmed that the garages will not be used as storage for the work
units, and also that all tandem parking was eliminated from the original plan.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Kim Prijatel, Olson Company, reported they have worked with the community to refine this
project; and are in agreement with a deed restriction on the work units.
Councilmember Smith clarified her request that a plaque be installed on the property generally
paying tribute to the history of that site.
Ms. Prijatel stated they are anticipating more professional uses for the work units and would
agree to a more restricted list of possible uses; she noted that all city fees which are typically
paid, have been paid; that there should not be any impact to the schools as all but three of the
units are one bedroom; they are all for-sale units; and there is no requirement for owner occupied
units, except for the five affordable units.
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14. PUBLIC HEARINGS (Continued)
Speakers -
. John Baker, Address on File, spoke in opposition, asking about a loading zone, lack of
motorcycle parking and bicycle racks, and expressed concern about the height of the
buildings and the compatibility with the surrounding areas.
. Pat Hetherington, Address on File, spoke in opposition, citing problems with increased traffic
and the impact to the neighborhood.
. Mitch Tanner, Parker Avenue, spoke in opposition.
. Todd Denning, 620 W. Maple, spoke in opposition, citing problems with the height and the
types of businesses that could be allowed in the work units.
. Jeff Frankel, Old Towne Preservation Association, expressed concern with this project
setting a precedence in the Historic District.
Ms. Prijatel explained that all City codes have been met; the project has been lowered in height
substantially from the original proposal; and they will look at the window configuration for
pnvacy Issues.
Councilmember Dumitru expressed concern on the railroad noise issues, noting that the trains
can sound their horns for miles.
John LoVerde, Acoustical Consultant, stated the sound study was a 24-hour study, indicating
there will be dual paned windows on the eastern side of the project, both for sound and heat
control, and which are sufficient to reduce the noise to an acceptable level.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor pro tem Cavecche wanted to ensure that the mechanical equipment on the roof would be
shielded; and there would be a landscape maintenance requirement. She also asked that buyers
be made aware that the City does not have a quiet zone, that the City would not be responsible
for the noise problems and that they are buying the homes at their own risk. She spoke on the
improvements made to the project since it's original submittal, but was concerned that some of
the neighbors were still dissatisfied with the project.
Ms. Angus indicated that the proposed windows are as good as they can be for that type of
window; but that the Olson Company will have to disclose the train noise and vibration. She
also explained that the 32 foot height is allowed. She also explained there is no designated
motorcycle parking because there are two-car garages and motorcycle parking is not typically an
additional requirement.
Councilmember Smith noted this project is something new for Old Towne - it is a transit
oriented mixed use, trying to accommodate the existing residential neighborhood, attenuate
sounds, provide affordable housing and still pencil out for the developer. She thanked the
applicant and community for working together on this project.
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14. PUBLIC HEARINGS (Continued)
Councilmember Ambriz stated he was impressed with the project, especially given the concerns
of the neighborhood. It is a new type of project, but will fit in well with what is planned for the
downtown area.
Councilmember Dumitru stated he would support the project, but only with all the added
conditions that have been discussed; but wanted to ensure that the home buyers are made aware
of the noise issues from the trains.
Mayor pro tem Cavecche stated she appreciated the applicant scaling down the project, but will
be watching the project to ensure it is built exactly like what is presented.
Council Action
RESOLUTION NO. 9973
A Resolution of the City Council of the City of Orange approving Mitigated Negative Declaration
No. 1737-04, General Plan Amendment No. 2004-0006, Santa Fe Depot Specific Plan Amendment
No.2, Major Site Plan Review No. 358-04, Design Review Committee No. 3944-04, Tentative
Tract Map No. 16786, and Demolition Review for a non-contributing structure in the Old Towne
Historic District to allow for the development of 32 for-sale residential lofts on 1.82 acres of land
located at 501 West Maple Avenue.
Applicant: The Olson Company
MOTION - Murphy
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 9973 with the following added conditions: sound attenuation
measures be taken; mechanical units on the roof be shielded from view; landscape maintenance
standards be established and maintained by the homeowners association; deed restrictions be
applied so that potential buyers be notified of the railroad noise issues through a written
disclosure that each owner must sign; deed restrictions be applied so that homeowners are not
allowed to sublet work units or convert the work units to residential use; CUPs be required for
possible uses of the work units in Categories B, C, D and E as outlined in Attachment No.8, List
of Proposed Uses, dated October 25, 2005; opaque windows be used for privacy issues with
neighboring residential properties to the north and west; that the proposed art graphics are
required fro the east elevation and shall be reviewed by the Design Review Committee and
themed to reflect Orange's history; that a bike rack be installed; and that a plaque be installed
citing the history of the site.
PAGE 14
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CITY COUNCIL MINUTES
October 25,2005
14. PUBLIC HEARINGS (Continued)
ORDINANCE NO.9-OS (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the reclassification of
approximately 1.82-acres of property from M-l (Light Manufacturing) to R-3 (SPZ) (Residential
MuItiple Family with Mixed Use Santa Fe Depot Specific Plan Overlay Zoning) located at 501
West Maple Avenue.
Zone Change No. 1230-04
Applicant: The Olson Company
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No.9-OS be read by title only and same was set for second reading by the
preceding vote.
14.3 SEIR1278/DEIR 1716 / 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
RUNOFF MANAGEMENT PLAN
DESIGN GUIDELINES FOR SHII AND EOPC AREA I
CONCEPTUAL GUIDELINES FOR EAST ORANGE AREAS 2 & 3
TENTATIVE TRACT MAP 16199/ TENTATIVE TRACT MAP 16201
TENTATIVE TRACT MAP 16514/ CONDITIONAL USE PERMIT 2488-03 (C2300.E GPA-
2003-0001 )
The public hearing to consider a request by The Irvine Company for a project known as Santiago
Hills II Planned Community (SHII) and East Orange Planned Community (EOPC)
was continued to this time from October 11.2005.
NOTE: THE PUBLIC HEARING IS CLOSED.
Irvine Company Senior Vice-President, Dan Miller addressed comments made during the public
comment period in previous meetings. He stated that the suggestion to concentrate development
in SHII and Area I known as Alternative 7, includes eliminating the golf course and the
equestrian operation that would have greater environmental impacts in terms of land use and
water resources, traffic and circulation, recreation, visual and air quality. He stated that the
current plan balances the need for housing and at the same time minimizes the environmental
impacts. The consultants have determined that the existing plan is environmentally superior to
the alternatives that have been proposed.
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CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
He then addressed comments made regarding fire protection, noting that the requirements for
fuel modification zones, building materials required, fire sprinklers and the newly, fully-
equipped fire station in Area 2 will afford this project significant fire protection. He added that
the upgraded fire protection codes afford newer homes with enhanced protection that older
homes do not possess. This protection would extend to the canyons with the on-site fire
presence.
He stated that the Irvine Company concurs with staff comments to the City of Villa Park's letter
commenting on the traffic study. With regard to the fiscal impact of the project, he stated that it
was based on City assumptions, City cost factors and worst case scenario~very conservative
estimates were used on the revenues in terms of market values of the homes and 100% spend-out
of all costs associated with the project. Still the study concluded that in addition to the $35,000
surplus, there is a $636,000 contingency to address anything over 100% of the project costs. He
added that in addition there exists $950,000 that has been allocated to cover city government
overhead~fixed costs. He concluded that the project is fiscally sound, adding that at build-out,
the project will bring in $1 million to the city to be used as needed.
He spoke on the $400,000 cash payout, used by the City as it chooses to cover the initial shortfall
of revenue, is being given to the City in the early periods of development. He referred to a report
from traffic engineer consultant, Les Card who determined that the project is fully consistent
with Orange County practices and standards for specifically Santiago Canyon Road, addressing a
public comment regarding traffic, being consistent with the County's standards. He added that
the County standards are not relevant to analyzing the project which should be based solely on
City standards. He stated that in addition to traffic standards, the City is to comply with its own
General Plan and CEQA standards.
He summarized the efforts made by his company to meet with community members and
homeowners associations, from which comments were made for preservation of the character of
the community, maximization of public benefit, mitigation of traffic and circulation, more trails
and parks, fiscal balance, control of the water run off, schools and other environmental issues.
He stated that the Irvine Company's project more than doubles the public improvements required
by state laws and local City laws. In addition, he listed the company's fair share in providing:
$2.2 million in TSIP fees; road improvements to Santiago Canyon Road; supplemental money of
$3.2 million to be used as the City sees fit in the East Orange area; contribution to the
completion of the Grijalva Park gymnasium; a sports park in Area 1; trails; and an improved site
for 128 low-income, affordable housing units.
He articulated that all housing units in Area 3 were being eliminated and the land would be
converted to open space. He mentioned the immediate addressing of the improvements needed
to the Santiago and Cannon intersection and advised the purchase of radar traffic control speed
signs and a traffic signal interconnect study for immediate implementation.
He ended by stating that the Irvine Company accepts all the findings in the staffreport~the 160
conditions of approval and the 230 required measures in the mitigation monitoring program.
PAGE 16
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CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
Council Questions -
Councilmember Ambriz asked whether the developer had the option to acquire County
approval of this project should the Council deny the project. He requested the details of the
ramifications to the City of this scenario. He stated the importance of this information being
made public.
City Manager, John Sibley articulated that if the Irvine Company did not receive approval from
the City and they took their project to the County, the City in effect would lose control of the
project. He stated that if approved by the County, the City would have the homes and the traffic
in its backyard, but lose all the benefits and incur all the concerns that have been worked on over
the years to mitigate. He added that the development agreement would be between the Irvine
Company and the County of Orange; the LAFCO annexation process would place the area in the
City's sphere of influence, but the County would be in control and the City relegated to the role
of a concerned agency.
Councilmember Ambriz asked about the alternative to offer commercial-retail in Area 3, but not
office-professional. He then asked what concerns existed with this alternative; and whether the
deletion of Area 3 from the project would affect the proposed retail establishment.
Mr. Miller described the retail as being commercial-recreational~a staging area for a private
equestrian facility which would not be affected by the direction to delete planned homes from
this area.
Councilmember Ambriz asked about trails and stated that the open space currently on the project
site is not user friendly due to fencing. He asked for details of the plans to offer trails as part of
the proj ect.
Mr. Miller described the planned trails as Class I and II bikeways, equestrian, and hiking trails
connecting Orange Park Acres (OPA) and the East Side. He indicated that the trails allow
connection to the land reserve managed by the nature conservancy. He stated that it would be
possible to ride a horse from OP A to Black Star Canyon. He added that the homeowners
association, not the City, will maintain the trails and all will be open to the public, ensured by the
CC&R's.
Mr. Miller responded to a question from Councilmember Ambriz who asked about the possibility
of spending some of the funds on the crossing grade at Orange Hill Restaurant and Orange Park
Boulevard, indicating that the supplemental traffic contribution could be used to fund this
improvement.
Councilmember Ambriz asked about the performance of the Albertson's shopping center at
Jamboree and added that he drove through the area in the past two weeks and found the traffic
not to be a significant issue at the times he was present. He further asked about the City of
Tustin agreeing to the improvements that affect the road in their city boundary and their
commitment to spend money on their part.
PAGE 17
CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Miller stated that the two shopping centers and specifically Albertson's are under-
performing. He indicated the hope is that the increased population will stabilize the businesses
in the area.
Mr. Miller stated that the City of Tustin has the money to make the improvements on the road,
but had not acted on it yet. He indicated that it was impossible to force another jurisdiction to
address issues within their own borders which is why the project required a Statement of
Overriding Consideration on the issue.
Councilmember Ambriz brought up the affordable housing issue. He compared a couple of
developments recently approved in the west end of town that chose to pay the in-lieu fee rather
than build affordable units. He asked why the Irvine Company is proposing the affordable units
as part of this project. He also stated that the jobs are mainly in the west end of town and felt
transportation from the project to the west end may pose a problem.
Mr. Miller responded that The Irvine Company has experience with affordable housing and have
established a good track record in that area. He added that the project has placed a lot of controls
on the design and the look of the affordable units so they are not set apart from the market-priced
units. He then detailed the need to obtain permits which allows pursuing the debt financing for
the tax credits, County and City set-aside and other aspects of financing. He added that he
believed the transportation issue is workable.
Responding to Councilmember Ambriz's question about the water service provider, Mr. Miller
stated that the Irvine Ranch Water District will work with the Santiago County Water District to
offer sewer and water services and take care of the natural treatment systems and related water
Issues.
Councilmember Ambriz asked about the noise issue being created by increased traffic to and
from the development and what the project will offer to appease the residents affected.
Mr. Miller indicated that one idea was to lay rubberized asphalt on Santiago and Chapman streets
and reiterated that the supplemental traffic contribution could cover this cost. He added that the
noise studies done in connection with the EIR's did not identify a level of significance or exceed
a threshold to warrant mitigation.
Councilmember Ambriz asked about the number of students expected and whether busses to
transport the students to school were being pursued and had they received a buy-in from the
schools on accepting these students.
Mr. Miller indicated that the schools do a yearly analysis of student populations. He added that
the Irvine Company negotiated a $76 million mitigation agreement that allows the schools to get
state funding for a new school or spending the money on existing school expansion. He added
that the Irvine Company will provide bus cutout areas in the roads, but specific evaluation will
occur on this issue once the homes are built.
PAGE 18
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CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Smith - stated that questions have been raised as to whether the Council has met
with the Irvine Company and toured the area of the project. She stated that the Council has met
with the developer and toured the area numerous times giving each of the Councilmembers a
thorough familiarity with all aspects of the project issues.
She stated that she is not interested in trade-offs of recreation-open space for commercial space,
but is looking for convenience-commercial. She requested an understanding of the option
proposed around the lake and marina area; and asked for the potential square footage for a
convenience-commercial operation for that area if the size of the community warrants it.
Mr. Miller responded that the tract map for Area 2 would offer that detail and that the
commercial-recreation would be replacing open space to allow for the possibility of a golf
course, a 100-unit inn or the marina operation. He added there are a number of recreation-
commercial areas that would allow convenience-commercial without taking away open space;
and the private equestrian facility is also designated commercial-recreation and would stay that
way unless the operation was not successful.
Councilmember Smith stated that she preferred nothing south of Santiago Canyon Road and was
addressing the north side of the road. She added that commercial operations need visibility from
the road and that the equestrian business was desirable for the area being highly compatibility to
the project. She added that the Augustine Ranch site has been on the Irvine Ranch for 80 years
and she hoped to preserve the area as equestrian.
Irvine Company Project Manager, Brian Austin stated that in regard to the area adjacent to Irvine
Lake, the Irvine Company owns property between Santiago Canyon Road and the Irvine Ranch
Water District and Serrano Water District property. He described the possibility for a 4.2-acre
flat pad that would have direct access and visibility from Santiago Canyon Road. He indicated
that a 40-43,000 square foot convenience-commercial business could be operated there which
would be a small store or informal eating and/or other service shops useful to the residents.
Mr. Miller added that these questions will be addressed when the tract maps are processed in a
year or two. He added that this area is the gateway to all the trails and open space and it makes
sense to be maintained as an equestrian site.
Councilmember Smith requested the results of the Irvine Ranch Water District board meeting's
discussion of the management of the six large water basins. She also asked how the district is
paid for their services.
Irvine Ranch Water District General Manager, Paul Jones stated the district has been working
with staff and the Irvine Company regarding details of the ROMP. He detailed the services to be
provided by the district to the development: retail water service, non-potable water for irrigation,
management of the ROMP and the large basins, in addition to 20 additional basins located in the
project required to be maintained by the homeowners association. He added the need for a water
services agreement with the City for urban water runoff treatment services. He concluded by
PAGE 19
CITY COUNCIL MINUTES
October 25,2005
14. PUBLIC HEARINGS (Continued)
stating that the board members had given a nod to each of these issues being included in the final
draft of the water services agreement.
Mr. Jones indicated that the payment for the district's services is obtained througb the water
service revenue. He added that the district's review of the 20 water basins is compensated
through the water service revenue as well. Additional work required will be reimbursed by the
homeowners association.
Councilmember Smith asked Mr. Miller if her suggestion for the inclusion of fountains in the
project had been added to the design and in some of the green areas. She added that the
fountains would be a reprise of the signature plaza in Orange and blend in with the planned
architecture of the homes.
Richard Roy, Irvine Company, concurred with the fountains fitting into the design and indicated
that they would be incorporated into the final designs as appropriate and then reviewed by the
Design Review Committee.
Councilmember Smith spoke on the engagement letter proposed for the affordable housing. She
stated her agreement with it being written in an open-ended fashion. She requested that the
currently-proposed 128 units be increased and added that she hoped at least 150-160 affordable
units could be offered.
Councilmember Smith asked if the children living in the project could attend the Silverado
School.
Mr. Miller responded that the Silverado School community indicated their desire to not be
impacted by additional students attending their school which was agreed to by the Orange
Unified School District. He stated that the students would be accommodated within the project
area if that decision stood.
Councilmember Smith stated that many of the public comments expressed that the eastern night
sky was a beautiful sight. She agreed with the suggestion expressed by the speakers who stated a
desire for sodium-vapor lighting.
Mr. Miller stated that the lighting would be a balance between the public safety requirements of
the Police and Fire Departments, but that particularly in Area 2 low lighting was planned. He
advised that the lighting in the private streets is flexible; however, on public streets the lighting is
dictated by code.
Councilmember Dumitru - commented on the process of approving the project~stating that
projects that take longer to be reviewed typically become better through the process. He then
requested clarification of the two time frames listed in the traffic studies, 2007 and 2010, stating
that CEQA disallows segmenting. He also asked whether segmentation and phases were one in
the same.
PAGE 20
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CITY COUNCIL MINUTES
October 25,2005
14. PUBLIC HEARINGS (Continued)
Traffic Engineer, Kendall Elmer, Austin Foust and Associates, indicated that the issue of
segmentation is not an accurate depiction of the study. He explained that the analysis occurred
of traffic conditions in 2007 for the Santiago Hills II and East Orange Area I; and then the
subsequent time frame of 2010~the full development. He stated that this was misperceived as
segmentation. He explained that no segmentation of the project occurred, but rather an analysis
of the two different stages of the project.
He explained that phasing is analyzing the project in two different time frames, as the project
grows, and segmentation is assuming a part of the project is a given under an early time frame
and under a later time frame. He added that for projects ofthis nature, phasing is used for traffic
analysis~examining the full development under a given phase v. no development for whichever
time frame.
Councilmember Dumitru asked if the daily volume counts included trips to and from schools,
churches, the boy scout camp, etc. He stated that public comments were made, asking why the
County traffic models were not used.
Traffic Engineer, Les Card, CEO, LSA Associates in Irvine, stated that the East Orange project's
potential impacts were examined as if assessed by the County under their standards. He added
that the County when it comes to Santiago Canyon Road, requires a specialized analysis called
out in their traffic implementation manual. It requires projects under consideration by the
County to apply a special highway capacity manual and a special level of service criteria for
Santiago Canyon Road until uninterrupted segments of this road are less than three miles in
length. Based on program improvements planned on Santiago Canyon Road, Modjeska and
Ridgeline Drive, traffic signals are proposed.
Mr. Card reiterated the key issue is there will be no segments less than three miles in length in
2010. Since the three mile segment rule has been met, the methodology and the performance
criteria utilized in the Austin Foust report contained in the EIR for the project is appropriate for
the analysis and therefore the County's General Plan and implementation criteria are met.
City Attorney, David DeBerry explained that a recent Appellate Court decision found that a
development going through the County's processing is required to comply with the County's
General Plan. He added that the Appellate Court found that the County's General Plan required
the use of this highway capacity manual analysis; however, CEQA requires the City to use its
General Plan, so the initial methods to analyze traffic impacts on Santiago Canyon Road have to
be consistent with the City's General Plan. He added that the General Plan is the local agency's
constitution for development and must be followed. He concluded that a request was never made
to analyze the traffic volumes on Santiago Canyon Road other than using the City's General
Plan.
Councilmember Dumitru commented on the traffic report appendices missing a few pages. He
asked if this would affect the CEQA process.
PAGE 21
CITY COUNCIL MINUTES
October 25,2005
14. PUBLIC HEARINGS (Continued)
Mr. DeBerry indicated that CEQA does not require technical appendices be circulated along with
the ElR. He indicated that the technical appendices were circulated at various locations: City
Hall, EI Modena library, Main Library, Villa Park branch library and the Silverado County
branch library. He added that there was no request for the technical appendices until late August,
2005, for a price quote; and on September, 2005, one request was received for figures not
included in one report. He reiterated that the blank pages do not violate the CEQA process and
the appendices do not need to be re-circulated.
Councilmember Dumitru asked if the traffic report took into consideration the Mountain Park
development including trips to and from schools, churches, and the Albertson's Shopping
Center.
Mr. Elmer stated that the assumption in terms of the land use for that area is the development
plan approved by the City of Anaheim, so it was included. was ajoint effort with the City and as
part of the Master Plan of Arterial Highways (MPHA) amendment process. It was noted that this
was a proposal in the pipeline being considered by the City of Anaheim.
In the traffic study, a 2025 horizon that assumes only committed infrastructure and a 2025 build-
out scenario with all the City's full Circulation Element Plan and the County MPHA (including
unfunded, unplanned, tentative circulation facilities) were examined and verified. He explained
that the Weir Canyon extension down to the 241 Corridor, including the interchange ramps to
and from the south on the 241 became a committed part of the approved Mountain Park project.
He further added that the Mountain Park project was assumed as part of the traffic analysis, but
not the extension of Weir Canyon Road and the interchange. He stated that without the
interchange there is less, more restrictive access between East Orange area and the Mountain
Park area; and with the interchange some of the traffic congestion will be alleviated.
Councilmember Dumitru asked if the study took into account the effects south on Santiago
Canyon Road past Silverado. He also asked if there were plans or presumed connectivity that
would be accomplished with the extension of Jeffrey or Culver.
Mr. Elmer indicated that the effects on Santiago Canyon Road past Silverado were addressed by
the study and that Culver was not assumed in any of the scenarios due to a recent action by the
City of Irvine to remove it from the MP AH. He added that Jeffrey was included in the MP AH
element, but not a funded or committed element. Also, in the 2025 scenario that extension was
assumed in the build-out scenario only.
Councilmember Dumitru asked if analysis occurred to identify potential long-range
improvements needed on Chapman, and Santiago Canyon Road and whether the study showed
LOS for existing and future conditions estimated using intersection capacity utilization values
that conflict with the current EIR information.
PAGE 22
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CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Elmer responded that it was not done as part of the study for this project, but rather a traffic
study to provide information on traffic forecasts in the future along those roads to give future
traffic condition, levels of service, and also configurations of types of improvements including
potential downgrades~to delete from the MPAH. He gave the example of Chapman Avenue
downgraded from a 6-lane major arterial to a 4-lane primary arterial. He stated that although the
study was not prepared for this project it contained helpful information on the MP AH
amendments proposed as part of this project.
Councilmember Dumitru stated that it was his desire, as a Council, to identify the transportation
improvements that will be of benefit to the citizens as part of this project and prioritize the
supplemental traffic contribution from the Irvine Company for use on the improvements.
City Manager, John Sibley stated that the intersection deficiencies have been identified and the
city has taken measures and has included projects in their Capital Improvement Program to
address these intersections. The additional mitigation money from the project will help
accelerate those improvements. In addition, the City will have a direct contribution from this
project, as well as the supplemental fee for those improvements. Without the project, the
identification of deficiencies would be addressed and then wait for available funding.
Assistant City Engineer, Roger Hohnbaum indicated that the improvements along Chapman
Avenue would be at the intersections ofYorba, Prospect, and Hewes, up the grade. He added the
downsizing of the project and the changes being proposed to the Master Plan would preclude
further City improvements. He then indicated that there is a deficiency in front of the Orange
County Mining Company restaurant which is County, unincorporated territory. He indicated that
the City and County have been working together for those improvements to add a transition lane
in the eastbound direction.
Mr. Hohnbaum detailed three more projects in the works 1) Cannon and Santiago Canyon Road
intersection, indicating that the improvements are a long-range project requiring right-of-way
acquisition and accumulation of funding for the project which may be two years off; 2) An
interim project of installing a right-hand turn lane on the westbound to northbound Caunon
direction; and 3) At the 55 freeway, one additional lane is needed in the eastbound direction.
Councilmember Dumitru clarified that improvements are needed on the east side of the grade~
Chapman Avenue by Orange Hill Restaurant; and from Hewes west to Prospect; but not the
stretch of Chapman Avenue that is in between Orange Park Blvd. and Canyon View, speaking of
the grade that goes between the two hills.
Mr. Hohnbaum responded that the grade is not in need of improvement due to the downsizing of
the project. He explained that there are currently four lanes in that area and no further capacity
improvement is needed.
PAGE 23
CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Miller stated that the project is providing approximately 95% of the TSIP fees, plus the
supplemental of $4.1 million for a total of $6.3 million available to address any traffic
improvements needed.
Councilmember Dumitru asked about police patrol of the project area after annexation of the
area; and clarified that before grading begins, the City is responsible for patrolling the area. He
asked how many officers will be required to patrol the area; and whether the plan was to hire
more officers when the project is completed.
Mr. Miller responded that once the property is annexed into the City, the permits can then be
pulled to begin grading. He stated that the fiscal report took the issue of patrol and security into
consideration.
Police Chief Gustafson stated that the manpower to patrol has been determined at each phase of
the project at build-out; however, what is not known is what impacts will occur in the off-road
and undeveloped areas.
Councilmember Dumitru asked if the fee paid by the Irvine Company upon the 557th home's
building permit being issued could be paid to the City earlier for improvements to the Police
substation. He explained that as soon as it is annexed, the City becomes responsible for the
protection of the area and improvement to the substation would be needed immediately. He
suggested the money be paid at the time the first grading permit is issued.
Mr. Miller responded that the payment of fees was determined upon phases of the development;
however, he indicated that the Irvine Company would be open to changing the time frames, if
necessary.
Mr. Miller responded affirmatively to City Manager, John Sibley's clarification that the Irvine
Company agrees to move up the fee to the issuance of the grading permit.
Councilmember Dumitru asked about the National Communities Conservation Program (NCCP)
providing police or fire services to the dump areas. He asked, upon development of the project,
who would take responsibility of the land. Further, he questioned the incurred costs associated
with taking over NCCP areas.
Mr. Miller explained that the Orange County Fire Authority and the Sheriff have responsibility
for the NCCP areas and further stated that they will remain county territory in the SHII and Area
1 areas. He added that Area 2 may require City and County discussion to determine whether
NCCP areas in Area 2, containing the lake and open space areas, would become City
responsibility. He explained the Orange County Fire Authority received state monies to protect
the wild lands, but the City is not eligible to receive these funds, indicating that the property tax
exchange be looked at should the City incur responsibility to patrol these areas.
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CITY COUNCIL MINUTES
October 25,2005
14. PUBLIC HEARINGS (Continued)
Councilmember Dumitru asked if the Irvine Ranch Land Reserve, the Nature Conservancy and
the NCCP cooperate with one another. Further, he expressed concern that the three agencies
would decide they no longer wanted responsibility for the area and would place the burden on
the City.
Mr. Miller stated that the areas have defined boundaries and their managing agencies cannot
place the burden of their oversight on the City. He expressed that the agencies cooperate with
one another. The Irvine Company is the holder of the fee title and the conservation easements;
and that the Irvine Company gave up development rights to these lands and signed an agreement
with the Conservancy through 2012 for the stewardship of these areas. He added that anytime
between 2007 and 2012 the land is expected to be turned over to the Irvine Ranch Land Reserve
Trust which will take over fee title to the land.
Councilmember Dumitru asked Fire Chief Bonacker to clarify the ISO rating, analysis of their
data, and if the development is approved, the reclassification, which were issues brought up
during the public comments.
Chief Bonacker responded that ISO stands for Insurance Services Organization and is a
nationwide rating service, rating municipal fire protection. The prime criteria is water system
effectiveness and availability followed by the number and types of companies that respond,
staffing, dispatching efficiency and effectiveness, record keeping on training. He stated that the
ISO, using this criteria to assign points, determined that on a scale of 1 to 10, the City is rated a
Class 2. He added that this rating system effects commercial property more than residential and
any rating changes would not affect the residential homeowners with regard to their insurance
rates.
Mr. Miller responded affirmatively to Councilmember Dumitru's clarification that 100% of the
costs for the proposed fire station to be built in the project and the related equipment will be paid
for by the developer.
Councilmember Dumitru stated public comments were made over concern for building in a wild
land interface area and requested an explanation of fuel modification plans and zoning
modification. He asked for clarification of what the breaks are between the wildland up to the
residential area; and whether the City is creating the guideline or using a County, State or
Federal guideline.
Chief Bonacker explained that development in Wild land Urban Interface (WUI) areas was a
result of the Oakland Hills Fire. Legislation came about that new construction in the interface
areas would be subject to fuel modification efforts to hopefully eliminate the risk of wild fire
moving into residential areas. Zones are designated and direction given as to what is allowed in
each zone and how to treat it. He gave the example of a gazebo being installed in an interface
area which could not be constructed of flammable material. He indicated that the City's Fire
Department's plan checking is consistent with the Orange County Fire Authority's standards. He
added that the homeowners associations are expected to follow up on the fuel modification
requirements.
PAGE 25
CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Dumitru clarified the fact that wood shake shingles will not be allowed in the
project and that the building materials are designated by Fire and Building Codes, as well as
some of the homes will be sprinkled in certain zones.
Chief Bonacker stated that there exists a 5,000 square foot sprinkler rule. Many of the custom
homes larger than this size are automatically sprinkled, and smaller, less accessible homes as
well.
Councilmember Dumitru asked about paramedic and ambulance services to the areas. He asked
about redeployment of assets to the area.
Chief Bonacker indicated that the Master Plan study performed earlier in the year identified that
there may come a time that a relocation of a transport ambulance or an additional ambulance
may be warranted. He added that the City is party to an Automatic Aid Agreement in which the
closest aid to an area will respond regardless of boundary lines.
Councilman Dumitru noted that many public comments were heard on the issue of evacuation
plans; and asked for clarification on that issue.
Chief Bonacker responded that a fast-moving wildland fire would be reduced by the fuel
modification program and the fire-retardant construction materials of the homes; but that heavy
smoke and embers could cause a panic among the residents. There would be a unified command
established consisting of Orange County Fire Authority, Orange Police Department, Orange Fire
Department and the Orange County Sheriff, adding that any land that is under state responsibility
triggers coordinated efforts with the resources of other agencies.
Councilmember Dumitru asked how many affordable units were included in the recently
approved Mountain Park project and the newly approved project in the City ofIrvine.
Mr. Miller responded that no affordable housing units are a part of either of the projects. He
added that the East Orange project currently has 128, but if approval of all the units is given, the
number could rise to 160.
Councilmember Dumitru asked for clarification of the RHNA numbers~who creates them and
what are they.
Community Development Director, Alice Angus responded that RHNA stands for Regional
Housing Needs Assessment. She explained the numbers trickle down from the state based on
growth projections and models, variation of different housing types and affordability levels. She
added Southern California Association of Governments and Orange County COG examine the
numbers; and that Cities do have input based on available land and zoning and areas that are
appropriate for growth and future development~generating the RHNA numbers.
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I
I
CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Dumitru asked how Mercy Housing was chosen to manage the affordable
housing program and whether the Orange Housing Development Corporation was considered.
He also asked if the project offered all levels of affordable housing in the low range.
Mr. Miller explained that The Irvine Company has past experience with a number of non-profit
organizations. He explained that Mercy Housing has done a good job and is a local organization
and that The Irvine Company has never dealt with the Orange Housing Development
Corporation. He also stated that the very low level is addressed, as well as the moderate levels
are addressed, but that no rentals are present.
Councilmember Dumitru asked if the $10 million being given to the toll ways was a part of the
mitigation to the City~the improvements to the off ramps.
Mr. Miller stated that The Irvine Company is required to pay transportation mitigation fees to the
TCA. He indicated that The Irvine Company has an agreement with the TCA to make and pay
for the improvements in a timely fashion and then get reimbursed for the costs later.
Councilmember Dumitru asked if the fiscal consuItant has assessed the fiscal feasibility of the
project. He clarified that Mr. Hoffman is a neutral party and analyzed the data with the City's
best interest in mind.
Stan Hoffman, Stan Hoffman and Associates, indicated that The Irvine Company was requested
by the City to hire him to analyze the project, based on the City's budget, to assess the viability
of the project. He stated that the fire and police departments had provided their staffing levels,
as well as figures for park maintenance and roads. He indicated that he used those facts and
figures as part of a fiscal model and calculated the numbers based on the development
information provided by The Irvine Company.
Mr. Hoffman examined projections of property taxes, based on the agreement provided with the
County~and indicated that the City added on a 10% contingency factor to cover uncertainties~
adding that that is an ongoing contingency. He added that some years it would be used to cover
expenses and some years it would not be needed, at which time it becomes revenue.
Councilmember Dumitru asked if the project could survive off property taxes without
commercial sales tax. He asked if the residents will buy locally at Albertson's and Pacific Ranch
Market.
Mr. Hoffman reported that property tax is the major revenue along with motor vehicle license
fees, franchise estimates and gas taxes. He responded that sales at the local markets have
increased over the past few years; however, regional shopping will not occur in the area.
PAGE 27
CITY COUNCIL MINUTES
October 25, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Dumitru asked if there was a possibility that the agreement, allowing the City to
receive a higher tax than the County for the increased beds due to the west Orange jail
expansion, could be changed, causing a loss of income in property tax to the City.
City Manager, John Sibley responded that the property tax split worked out in 2003 was
approved by both the Board of Supervisors and the City Council and becomes the new master
property tax split for annexation areas in the City, clarifying that the City keeps more tax money
locally as opposed to letting the County decide.
Mr. Hoffman clarified that the property tax from the west side was not assigned to the east side.
He added that it was only on the newly annexed areas.
Councilmember Dumitru asked if the homeowner association (HOA) trails may present a
conflict in the future between residents wanting exclusive use of them and non-residents wanting
to be allowed access.
Mr. Miller indicated that the HOA will not be allowed to fence the property and the trails will
remain open. He indicated that the CC&R's will prohibit the installation of a fence and if one
were constructed, the HOA will be in violation of the CC&R's.
Mayor Murphy suggested this item be continued to another date as it was getting late in the
evemng.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue to November 8, 2005 at 7:00 p.m.
IS. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT - The City Council adjourned at 11: 15 p.m.
The next Regular Council meeting is scheduled for November 8, 2005.
'Dec!aration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of October 25, 2005 at Orange Civic Center 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 71. hours before commencement of said regular meeting; and available at the Civic
! Center City Clerk's Office.
L--
4<< 7
!v~. MURPHY
CITY CLERK
PAGE 28