11/8/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CLTY COUNCIL ON NOVEMBER 22, 2005
CLTY COUNCIL MINUTES ORANGE, C i\LIFORNIA
OF A REGULAR MEETING Novenbcr 8,2005
The City Council of the City of Orange, California convened on November 8, 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 Tye McClain, Rock On Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Presentation of Colors by the Orange High School Junior Marine Corps JROrC in honor
of the United States Marine Corps 230th Birthday.
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavccche, Dumitru
None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Resolution No. 10029 to Barbara S. Behrens of the Finance Department.
Presentation of 2005 Achievement of Excellence in Procurement Award to Glenn Kaye,
Purchasing Officer, Finance Department.
Presentation of Certificate of Achievement A ward for Excellence in Finane ial Rcporting
by the Government Finance Officers Association of the United States and Canada for the
City's and the Redevelopment Agency's Comprehensive Annual Fincncial Report
(CAFR) for the fiscal year ending June 30, 2004 to David Christian, Assistant Finance
Director and Annie Case, Senior Accountant, Finance Department.
Announcements:
. Veterans Day Celebration on Friday, November 11,2005 at the Veteran,; Memorial at
Depot Park.
. Reception for the Shades of Orange photo collection - Thursday, November 10th at
7:00 p.m. in thc Weimer Room.
. Mayor's Prayer Breakfast - December 6th at 7:30 a.m.. with special guest, Frank
Pastore.
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CLTY COUNCIL MINUTES
November 8, 2005
2. PUBLIC COMMENTS
Jenny New, 795 S. Woodland, thanked thc City Council for the Dog Park.
Lisa Gurley, 220 E. Adams, thanked the City Council for the Dog Park.
3. CONSENT CALENDAR
All items on the Consent Calendar are considcred routine and are enacted by one motion
approving the recommended action listed on the Agcnda. Any member of thc 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 removcd shall be considercd immediately
following action on the remaining itcms on the Consent Calendar.
3.1 Request Council Confirmation of warrant registers dated October 20 and 27, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, October 25, 2005.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approvcd.
AGREEMENTS
3.4 Amendment Number 2 to Consultant Services Agreement No. 4629 with NBCE, Inc.
for additional traffic engineering services for the Tustin Street and Meats Avenue
intersection project. (A2100.0 Agr-4629.2)
SUMMARY: Amcndment Number 2 will increase the scopc of work to be completed by
NBCE, Inc. to include the preparation of a City owned and maintained street lighting
system and miscellaneous traffic enginecring services for the modification of the existing
traffic signal at the Tustin Street and Meats A venue intersection.
ACTION: Approved Amcndment Number 2 to thc cxisting NBCE Consultant Serviccs
Agreemcnt and increased the contract amount by $5,750.00 and authorized the Mayor
and City Clerk to executc the Amcndment on behalf of the City.
FlSCAL IMPACT: Funds are budgctcd and available in the following account:
550-5011-483300-3030 $5,750.00 Tustin/Meats Intersection Improvemcnts
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CITY COUNCIL MINUTES
Nove nber 8, 2005
3. CONSENT CALENDAR (Continued)
3.5
Approval of Amendment Number 9 to OCTA Agreement No. C-95-98h for project
allocation funding revisions awarded to the City of Orange through the Combined
Transportation Funding Programs (CTFP). (A2100.0 Agr-2397.9)
SUMMARY: Amendmcnt Number 9 to OCTA Agreement No. C-95-98E updates the
agreement to include all projects that have been awardcd grant funding through the
compctitive Combined Transportation Funding Program (CTFP) Measure M program.
ACTION: Approved Amendmcnt Number 9 to OCTA Agreement No. (-95-986 and
authorized thc Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Approximately $23 million has been awarded to the C ty of Orangc
for various transportation improvement projects for FY 99/00 through FY 09/10.
APPROPRIATIONS
3.6 Appropriation for Eisenhower Park Renovations, project 0092. (A2100JO Agr-4582)
SUMMARY: On November 23,2004, City Council approved the award of Bid No. 045-
16; CDBG Project - Eisenhower Park Renovations, to Accu Construction, in the amount
of $520,755. Owner initiated change orders have been approved in the amount of
$37,364.35, which is a 7% increase. Additionally, Twining Laboratories havc been hired
for project management and materials tcsting services in the amount of $20,238.
Although City Council authority is not needed for the change orders, a 1 incrcase in
appropriation of$14,000 is needed to cover project costs.
ACTION: Appropriated $14,000 from unappropriated rcserve Fund 511 (Quimby) to
511-7021-485100-0092 (Eisenhower Park).
FISCAL IMPACT: After the appropriation, sufficient funds will exist in the following
account: 511-7021-485100-0092 (Eisenhowcr Park): $14,000
(REMOVED AND HEARD SEPARATELY)
3.7 Appropriation of Revenue for Special Events and Youth Programs. (CSOO.N)
SUMMARY: City Council is being asked to accept and appropriate sponsorships,
donations and grants received betwecn January 2005 and September 2005 :n the amount
of $5,141.78 for the purchase of supplies, equipment and entertainmcnt for annual spccial
events and youth sports, and appropriate thc final $29,314.05 Signs of SUpJort funds for
youth programs.
Discussion - Councilmember Dumitru asked for clarification on the revolving account as
it pertains to thc 3td of July event.
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November 8, 2005
3. CONSENT CALENDAR (Continued)
Bonnie Hagan, Acting Community Services Manager, explained the revolving account is
actually a general ledger account, and is required for the 3td of July event because that
event falls at the very beginning of each fiscal year, and yet uses donations accepted at
the end of the previous fiscal year. All money in that account is tracked and is strictly
used for donations and expenses for that one event. It was noted that staff will bc
working with Finance to simplify the accounting for this event.
Councilmember Ambriz thanked staff for the infornlation provided on Signs of Support,
noting that staff will be looking into getting more business support for city events.
Councilmember Smith recognized and thanked the Community Services staff for all their
work on the special events held each year, noting that the money spent on these events is
worth the investment, as it supports familics and youth in the community.
MOTION - Dumitru
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Accepted sponsorships, donations, grants in the amount of $5,141.78;
appropriated $35,455.83 from the following accounts:
100-7001-293900-19050 (Concerts in the Park)
100-7015-293900-01207 (Veterans Memorial Park)
100-7001-293900 (General Donations)
100-7014-264950 (Grants - Youth Sports)
100-7001-293102 (Signs of Support)
and
Total:
$4,241.78
$ 500.00
$ 400.00
$1,000.00
$29,314.05
$35,455.83
to the following accounts:
100-7014-443800-1026 (Other Recreation)
100-7015-426700 (Professional Services)
100-7015-443800 (Other Recreational Supplies)
Total:
$30,314.05
$ 3,000.00
$ 2.141.78
$35,455.83
FISCAL IMPACT: After the appropriation, sufficient funds will be available in the
following accounts:
100-7014-443800-1026 (Other Recreation)
100-7015-426700 (Professional Scrvices)
100-7015-443800 (Other Recreational Supplies)
Total:
$30,314.05
$ 3,000.00
$ 2.141.78
$ 35,455.83
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CITY COUNCIL MINUTES
Novenber 8, 2005
3. CONSENT CALENDAR (Continued)
BIDS
3.8
Approval of Plans and Specifications and anthorization to advertise fo r bids. Bid
No. 056-14; D-153; Cambridge Street/Palm Avenue Storm Drain Inlet
Improvements and Windes Drive/Grovewood Lane Drainage Facility
Improvements. (C2500.M.17)
SUMMARY: Plans and specifications have been completed for stom drain inlet
improvemcnts at Cambridge Street/Palm Avenue and for Windes Drive/Grovewood Lane
drainage facility improvcments. This projcct will alleviate street flooding problems at
both locations. The project is ready to be advertised.
ACTION: 1) Approved plans and spccifications and authorizcd advcrtisinf; for bids for
Cambridgc Strcct/Palm A venuc Storm Drain Inlct Improvcments and for Windes
Drive/Grovewood Lane Drainage Facility Improvements (D-153); 2) i\ppropriated
$80,000 from unallocated Fund 271 Gas Tax as follows:
$60,000 to 271-5021-483300-5111 (Cambridge/Palm Storm Drain Inlct ImplOvcments)
$20,000 to 27l-5021-483300-5112(Windes/Grovewood Drainage Facility In provcmcnts)
FISCAL IMPACT: Aftcr thc appropriation, funds will be available in the Capital
Improvement Program in the following accounts:
271-5021-483300-5111 $60,000 (Cambridge/Palm Storm Drain Inlet ImplOvement)
271-5021-483300-5112 $20,000 (Windes/Grovewood Drainage Facility Inprovement)
3.9 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and invcstigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigalion with the
involved departments, it is the recommendation of the City Attorney's 0 ffice that the
c1aim(s) bc dcnicd.
a. Ty Thomas
ACTION: Denied Claim(s) for damages and referred to City Attorncy and Adjuster.
CONTRACTS
3.10 Final Acceptance of a certain public work and improvement known as Contract
Agreement No. 4276 for Phase 2 of the City's Traffic Surveillance and Management
Center at the City Corporation Yard. (No staff report required) (A2100.0 Agr-
4276.A)
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November 8, 2005
3. CONSENT CALENDAR (Continued)
SUMMARY: Siemens ITS was awarded a contract on Decembcr 14, 2004 providing for
the design, construction and implementation ofthc next development phase of the City's
Traffic Management Center. This phase upgraded software and acquired additional
hardware allowing control of thc CCTV cameras, as well as monitoring of intersections
controlled by the City's master traffic signal controller. The i2 package maintains current
capabilities, but adds direct control of field traffic signal controllers when desired.
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
3.11 Purchase of a strip of land for street widening at 533 E. Heim Avenue (northeast
corner of Heim Avenue and Orange-Olive Road). (A2100.0 Agr-4785)
SUMMARY: Acquisition of a small strip of land for street widening along Orange-Olive
Road, on the north side ofHeim Avenue.
ACTION: Authorized the Mayor and City Clcrk to execute escrow and related documents
concerning the purchasc of a strip of property at 533 E. Heim Avenue, to bc used in
connection with Orange-Olive Road widening, north of Heim Avenue. Purchase price is
$57,890.00 plus related escrow expenses.
FISCAL IMP ACT: Funds are available in the following account:
550-5032-483100-6193 $307,633.07 Orange-Olive/Heim Interscction
RESOLUTIONS
3.12 RESOLUTION NO. 9999 (C2500.J.4.2)
A Resolution of the City Council of the City of Orange Repealing Resolution No. 9385
and Approving the Memorandum of Understanding Between the City of Orange and the
City of Orange Police Association Conceming Wages, Salaries, and Other Terms and
Conditions of Employment Effective July 1,2005 through June 30, 2008.
ACTION:
Approved.
3.13 RESOLUTION NO. 10007 (C2500.J.4.3)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Undcrstanding Between thc City of Orangc and thc Orangc City Firc Fighters, Inc. Local
2384 of thc International Association of Fire Fighters, AFL-CIO Conceming Wages,
Hours, and Othcr Conditions of Employmcnt for the Period of July 1, 2005 Through and
Including February 29, 2008 And Rcpealing Resolution No. 9387 And Amendments
Thereto For Said Employees.
ACTION:
Approved.
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CITY COUNCIL MINUTES
Novenber 8, 2005
3,
CONSENT CALENDAR (Continued)
3.14
RESOLUTION NO. 10033 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciat .on to Robert
P. Stolhand of the Public Works Department for more than 32 years Jf loyal and
dedicated service.
ACTION:
Approved.
3.15 RESOLUTION NO. 10034 (C2500.Jo4)
A Resolution of the City Council of thc City of Orange Regarding thc 2005 Christmas
Holiday Closure.
ACTION:
Approved.
3.16 RESOLUTION NO. 10035 (C2500.K)
A Resolution of thc City Council of the City of Orange adopting the National Incident
Management Systcm.
ACTION:
Approved.
3.17 RESOLUTION NO. 10038 (C2500.N)
A Resolution of the City Council of the City of Orange expressing appreciation to Gary
Wann, Community Scrvices Director, for morc than 30 years of loyal ,nd dedicated
scrvice to the City of Orange.
ACTION:
Approvcd.
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November 8, 2005
3. CONSENT CALENDAR (Continued)
TRACT MAP
3.18 Tract Map No. 16866 - Request for approval. (T4000.0 TRM-16866)
SUMMARY: Tract Map No. 16866 creates thirteen multi-family parcels as the first
phase of the Del Rio Developmcnt.
ACTION: Approved the Final Tract Map No. 16866, accepted dedication offered and
abandoned a portion of a public street.
FISCAL IMPACT: None.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Item 3.7 was removed and heard separately. 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.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
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CITY COUNCIL MINUTES
Novembcr 8, 2005
9. LEGAL AFFAIRS
9.1 RESOLUTION NO. 9973 (C2300.E)
A Resolution of the City Council of the City of Orange approving Mitigatcd Ncgat .ve Declaration
No. 1737-04, General Plan Amcndment No. 2004-0006, Santa Fc Dcpot Specific Plm Amcndment
No.2, Major Site Plan Review No. 358-04, Design Review Committee No. 394..-04, Tentativc
Tract Map No. 16786, and Demolition Review for a non-contributing structure in he 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
MOTlON - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavccchc, Dumitru
Moved to approve Resolution No. 9973.
9.2 ORDINANCE NO.9-OS (SECOND READING) (C2300.E)
An Ordinance of the City Council of the City of Orange approving the rec assification of
approximately 1.82-acres of property from M-1 (Light Manufacturing) to R-3 (SPZ) (Residcntial
Multiple Family with Mixcd Use Santa Fe Depot Specific Plan Overlay Zoning) located at 501
West Maple Avenue.
Zone Change No. 1230-04
Applicant: The Olson Company
MOTION - Ambriz
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavccchc, Dumitru
Moved that Ordinance No. 9-05 be read by titlc only and same was approved and aiopted by thc
preceding vote.
10. PUBLIC HEARING
10.1 CITY OF ORANGE 2005 URBAN WATER MANAGEMENT PLAN (C2300.K)
The public hearing to consider adoption of the City's Urban Water Managclllent Plan, was
continucd to this timc from Octobcr 25, 2005.
Per State law, the Plan must be updatcd evcry fivc ycars. Thc Plan discusscs CUI Tent and future
water demands, thc availability and reliability of water supplies, various watcr dcmand
management measures to reduce water use, and a water shortage contingency plan.
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CITY COUNCIL MINUTES
November 8, 2005
10. PUBLIC HEARING (Continued)
RESOLUTION NO. 10030
A Resolution of the City Council of the City of Orange adopting the 2005 Urban Water
Management Plan.
NOTE: Staff has reQuested this item be continued to November 22. 2005.
MonON - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue to November 22,2005.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 5: 1 0 p.m.
Note: The City Council did not recess to a Closed Session.
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.
7:00 P.M. SESSION
13. PUBLIC COMMENTS - None.
14. PUBLIC HEARINGS
14.1 RECREATIONAL VEHICLE STORAGE FACILITIES (A2500.0 ORD-16-05))
Time set for public hearing to consider an Ordinance Amendment conditionally permitting
Recreational Vehicle Storage Facilities in Residential Zones.
NOTE: The Citv Council has reQuested this item be continued to November 22.2005.
MOTION - Smith
SECOND - Dumitru
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue to November 22,2005.
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CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
14.2 APPEAL NO. 503-05 - RICK WIN'E - 264 N. SHAFFER STREET (A4000.0
APP-503-05)
Time set for public hearing to consider an appeal by Rick Win'e of the Planning Commission's
approval of Appeal No. 502-05 (Appcllant: Old Towne Preservation Association), which
modificd the Design Review Committee approval of the project. The project involves thc
demolition of existing storage sheds and the construction of a two-car garage with a storage attic
at 264 N. Shaffer Street, which is located in the City's Old Towne Historical Distric:.
Reason for Appeal:
"The chains between my front porch columns are not original, nor have they ever been
contributing features to a Craftsman style homc. The 14" high rock vcneer I installed under my
side seat window does not adversely effect the historical features that characterize Ithis property.
Most important, I would like to leave the interior stair case in my new garage. It will not be
visible from the street or any adjoining property, and it is allowed by current c:ty codes and
historical standards."
Alice Angus, Community Development Director, revicwcd thc history of the project; clarifying
that the appellant has requested an exterior staircase, not an interior staircase as noted.
In response to Council qucstions, Ms. Angus rcported that a permit was issued June 6 for thc
stone columns, June 15 to remove and rebuild the fireplace and June 22 for the pc,rch and deck
repair; noting that some of the work may have been done prior to the permits beingssued. With
regard to the stone veneer under the window, thcrc was a qucstion as to whether a permit was
rcquired, but under the Historical Guidelines, a review is required to keep withil the historic
design guidelines.
Ms. Angus further reported that initially, Mr. Win'e worked with the Historical Planner in the
Community Development Department, but then worked with another Planner when the
Historical Planner was on vacation.
In response to further Council questions, Ms. Angus agreed with the concern that a member of
the community was able to obtain a draft violation notice sent to the Win'e residence.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Mr. Rick Win'e, Appellant, 264. N. Shaffer, explained the work done to the residence, noting
that hc got an original approval from thc Design Review Committee for his project. He stated
that 90 pcrcent of thc stone is original and that the columns are the same size as the original ones.
He agreed to remove the rock veneer under thc window, but can not replace the c lain swags as
the chain had been disposcd of.
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CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
He asked to retain the exterior staircase on the outside of the garage, as he would lose valuable
spacc if hc moved it inside the garage. The second story of the garage will be used strictly for
storage.
Councilmember Smith asked about the discrepancy between the original plans and the discussion
at the DRC meeting.
Mr. Win'e explained there was a miscommunication with his architect and the plans werc drawn
up with an interior staircase. However, he explained to the DRC that he was actually requesting
an extcrior staircase.
Speakers
Jcff Frankel, representing Old Towne Preservation Association, spokc 111 opposition to the
project, noting that the Old Towne Design Guidelines need to be upheld.
Jan Chomyn, spoke in opposition to the project, asking that the original characteristics be
retained.
David Gonzales, 275 N. Shaffer, spoke in favor of the project, noting that the appellant has
transformed this property back to a single family residcnce from a triplex.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor pro tem Cavecche commented that she used to live next door to the property in question
when it was a triplex, and that the Win'e's have done a great job in converting it back to a single
family residence. She noted that thc applicant has agreed to remove the stone under the
window, and she has no problem with the staircase in the back, as it does not change the
architectural feature of the house.
Councilmember Smith commentcd on the apparent breakdown in the process for this project,
noting the DRC had only 3 members voting on the project and the Historical Planncr was not
involved throughout the entire project. She noted that the original plans indicated an interior
staircase and suggested it stay interior. She expressed concern that work was done prior to
pulling permits, and suggestcd that the proccss be tightencd up for applicants. She agreed the
rock vcneer needed to bc removed and thought the chain swag might have been original to the
house, but since it does not cxist, it can not bc rcstored.
Mayor Murphy notcd that the appellant started with a triplex and has worked to bring the
property back to a single family dwelling. Hc agreed the rock veneer necdcd to be removed,
but did not have a problcm with an cxterior staircasc. He noted a letter rcceived from a
neighboring propcrty owner which indicated that thc chain swag was installed 29 years ago.
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November 8, 2005
14. PUBLIC HEARINGS (Continued)
The Council agreed that the review process needs to be improved.
Councilmember Smith suggested, in order to improve the City process, that a fifth member be
appointed to the DRC; that the Historic Planncr bc used to a greater advantage md for more
consistency - utilizing a back-up historical planner if neccssary; and that there needs to be more
staffreview at the DRC level to ensure that devclopmcnt standards are applied correctly.
Council Action
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve the appeal, with the condition based on the concurrence of the appellant, to
remove the 14-inch rock veneer under the window; and allow the exterior staircase and not
require the reinstallation of the chains.
14.3 SEIR1278/DEIR 1716 / GENERAL PLAN AMENDMENT 2003-0001
AMENDMENT TO SANTIAGO HILLS II PLANNED COMMUNITY
(ZONE CHANGE 1218) (C2300.E)
ADOPTION OF EAST ORANGE PLANNED COMMUNITY (ZONE CHANGE 1219)
PRE-ANNEXATION DEVELOPMENT AGREEMENT
RUNOFF MANAGEMENT PLAN
DESIGN GUIDELINES FOR SHII AND EOPC AREA 1
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
The public hearing to consider a request by The Irvine Company for a projcct kno'Wn as Santiago
Hills II Planned Community (SHIl) and East Orange Planned Community (EDPC) was
continued to this time from October 25, 2005.
The Mayor stated that the public hearing was closcd and that at the last meeting th<~ Council had
begun thcir qucstioning of thc project. He referenced the additional information :hat had been
provided and asked the City Attorney to comment on it.
City Attorney, David DeBerry referred to the LSA Rcport commissioncd by thc In ine Company
- which was a traffic analysis using the County's methodology to study the impacts on Santiago
Canyon Road. He stated that this report concludcd that thcrc would be no imp lcts from thc
project on Santiago Canyon Road. He then stated that the City used the methodc1ogy required
by its own General Plan, as CEQA requires, and came to the same conclusions regarding impacts
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CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
on Santiago Canyon Road. He added that the County and the City have had numerous meetings
on traffic analysis and traffic impacts; and that the City had received a letter from the County of
Orange indicating their satisfaction with the conclusions.
Mr. DeBerry stated that in compliance with the Brown Act, a public testimony period had becn
held during prior meetings. He further stated with regard to comments to the LSA report that
there existed no further requirement for the public testimony period to be reopened, but that
Council could detennine otherwise. He then stated that the EIR did not require recirculation
since the LSA report did not identify substantial affects.--recirculation is only required when
significant impacts are identified.
Councilmember Ambriz asked the City Attorney if a memo from his office had been available to
the public as part of the agenda packet. He also gave the example of the Planning Commission
reopening the public testimony period of their hearing to consider new information and wanted
to be sure that Council's action did not contradict that.
Mr. DeBerry explained that regarding the infornlation before the Planning Commission there had
occurred a major change to the park acreage information; howevcr, the issue before Council was
a second opinion traffic analysis that supported the first analysis with no effect on the project.
He then explained that CEQA's rules encouraged most of the project information being
disseminated early on in the review process.
Councilmember Ambriz stated for the record that the City did not request the LSA report, but
that it was requested by The Irvinc Company responding to comments that had been presented
before Council at an earlier meeting as part of the public testimony portion of the hearing.
Mayor Murphy requested a consensus from the Council as to whether or not to reopen the public
testimony period.
Councilmembcr Dumitru stated that thc LSA report changes nothing and he desired to continue
with Council questions.
Councilmember Ambriz statcd that staff had addressed all the conccrns, suggesting that Council
continuc their questions.
Councilmembcr Smith askcd for thc identity of the pcople in the audience filming the meeting.
1t was determined that these were students from the Chapman University Broadcast Journalism
class.
City Attorney, David DeBerry summarized the memo referred to by Counci1member Ambriz as
reporting some changes to thc Development Agreemcnt and new rcsolutions and ordinances
amcnded to eliminatc Area 3 of the project.
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Novenber 8, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Ambriz clarified that one of the changes to the Development Agreement called
for changes to the new traffic signals on Santiago Canyon Road and whether thc City would bc
paying for that out of the $4.2 million or if The Irvine Company would be pay ng for those
traffic improvements.
Mr. Sibley indicatcd that Thc Irvinc Company would be providing the additional 'unds for the
traffic improvements.
CouncilOuestions
Mavor pro tem Cavecche - asked Paul Jones of the Irvine Ranch Water District (IRWD) whether
any official decisions had been made with regard to the project.
Mr. Jones responded that the IRWD has addressed two issues-taking on the addilional natural
treatmcnt system or water quality wetland sites and the water service agreement. file stated that
the Board is scheduled to act on the sites at their next meeting and subsequently will be voting on
thc water service agreement. He cxplained the action on thc sitcs approves the district taking on
the operation and maintenance of the six designated sites and subsequent inspection of additional
sites on an on-going basis. He indicated that two committees of the IRWD Board, ~omprised of
four of the five board members, have reviewed the issues and there has been concurrcncc and a
recommendation to the Board to approve them. He then indicated that the Board has agreed to
the major terms of the water service agreement and would be considering it in appnximately 30
to 60 days.
Mayor pro tem Cavecche clarified that the district will be monitoring the 20 additional basins
and would notify of repair or maintenance problems.
Mr. Jones responded that the agreement requires a bi-annual inspection and if the sites were not
being properly maintained the homcowners association (HOA) would be contacted :0 correct the
problem. If the HOA did not correct the problem, the district would conduct the maintenance
and bill the HOA for the services.
Mayor pro tem Cavecche noted that she was in agreement with the comments made by
Councilmember Smith at the October 25th meeting regarding the commercial center, looking for
a boutique-type commercial center in that area. She also indicated that she is not luoking at this
being a trade off for the equestrian center, stating that she wanted a nicer center t 1an has been
planncd; possibly run by a vendor or non-profit organization. She clarified that th ~ elimination
of Arca 3 would not adversely impact the plans for thc cqucstrian ccntcr. She also :citcratcd hcr
interest in providing for churches being established in the area.
Mr. Miller responded that the elimination of Area 3 would not adversely impact he equestrian
centcr plans nor change anything with regard to thc fire station. He also stated that a few people
asking general questions regarding the plans for church facilitics in thc ranch hav,: approachcd
The Irvine Company. He added that thc zoning allows for the establishment of chuches, but that
none
PAGE 15
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
of the requests had been specific proposals. He indicated that the church facilities in the City of
Irvine were grouped during the planning process.
Mayor pro tem Cavecche suggested, for the record, that if a church is interested in looking at the
project site, they are to contact the Irvine Company and express their interest. She clarified that
in looking at the tentative tract maps (TTM), the Council is considering action to approve the B
lots, with the A lots being considered at a later date. She asked if churches are allowed with a
CUP in the residential area; and that there are largc plots of land in SHII and Arca 1 available for
churches.
Mr. Miller responded that this infornlation was correct, adding that it would depend on the size
and design of the proposed facilities. He reiterated that any interestcd congregation wanting to
move to the area should contact The Irvine Company.
Mayor pro tem Cavecche asked about the time line to bring the A lots to Council. She asked
whethcr the decision to approve the TTM for thc affordablc housing was on thc table and the
timeline to bring the TTM for Area 2.
Mr. Miller responded that the A lots would come to Council in six months to one year. He added
that the approval of the A Lot portion of the project by Council was for the master lots, not the
specific TTM which would also come back. He indicated that the time line for TTM for Area 2
was 2007 - 2008.
City Manager, John Sibley responding to a question from Mayor pro tem Cavecche, indicated the
TSIP fees and supplemental fees would come in as permits are pulled. He added that the fees for
the right-turn lane improvements at Santiago Canyon Road of$100,000 would come in when the
first grading permit is issued or the final tract map is approved; the negotiated radar speed signs
of $50,000 would come in on the first certificate of occupancy being issued; and thc $80,000
traffic signal study fees will come in prior to the building permit being issued for the project. He
indicated that this is the total $1.2 million recently negotiated.
Mayor pro tem Cavecche stated strong support for the fair share fees being front-loaded for the
Chapman and Santiago Canyon Road improvements, given the state of the current traffic
conditions at that location. She also askcd about construction costs and timing for building the
Santiago Canyon Road and Cannon intersection and the Chapman and Prospect intersections
improvements.
Public Works Director, Gail Farber, indicated the Cannon and Santiago Canyon Road
improvcments are currently schcduled for 2005-06 CIP, adding that the right-of-way acquisition
would be completed by December 2006 with construction to begin in the Spring of 2007. She
then statcd that thc Chapman and Prospect improvements are currently out to bid.
PAGE 16
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CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
Assistant City Engineer, Rogcr Hohnbaum stated that the Prospect and Chapman prcjcct is slated
as an interim and the full build out will provide for additional bus bays and turning movemcnts.
At this time the additional capacity providcd by full build out would not be needed for the next
ten ycars, and would defer impacts to the businesses on thc two northern corners - which is
why the decision was made to do the interim project. He confirmed that the final bL ild out is for
bus bays and turning movements. He stated that the critical move necded is westbound left-tum
movements, and added that eastbound-turn movements would be constructed as well.
Mayor pro tem Cavccche stated that she hears comments all the time indicating the traffic in the
City of Orange is bad now. Shc commentcd that adding over 3,000 units in the East Orange area
is going to compound the problem. She stated that the City has failed to address the concerns to
create solutions to the traffic problems. She stated her understanding of the communities gut
reaction to the project. She noted that the traffic analysis indicatcs no problems, Jut there are
already problems. She asked what projects are slated for East Chapman and what is Jeing looked
at with the money coming in as thc pcrmits are issued. She expressed her conCern about the
money trickling in. She expressed appreciation that The Irvine Company is giying over $4
million as their fair share mitigation.
Mr. Hohnbaum stated that apm1 from thc projcct being considered, the City is putting together
projects on Chapman to address traffic problcms. He commented on the time required to do the
enviromnental review and amass the funding, stating that thc City relics heavily on gas taxes and
grant funding-such as Measure M Funding. He added that partnering with 2alTrans on
freeway projects is required and it takes years to buy the right-of-way, especially ir commercial
zoncs. Hc then listed the projccts:
. Tustin/Chapman Intersection - the contract has been awarded. The construction is to
begin in January, 2006. This will improve the north side of the intersection. He referred
to thc lanc under thc frecway bridge that is striped out, but will be utilized in the future
when the widening through the Yorba intersection occurs. He listed the funding sources
for this project and stated that hopefully the construction will be undervay by next
summer.
. Prospect/Chapman Intersection - Interim project to begin construction in t:1C Spring of
2006.
. Prospect/Y orba Interscction - This interscction is one of the most criti :al links on
Chapman. The widening to four lancs and separate bus bays in front of the Ralph's
supermarket will improvc the movement through the intersection.
. Hewes/Chapman Intcrscction .- This is a TS1P identified project, and the funding is not
yet complete.
PAGE 17
CITY COUNCIL MINUTES
Novembcr 8, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Hohnbaum statcd that two other projects to improve the flow on Chapman are bus bays and
synchronization of the traffic signals from Hewes back down to the 55 Freeway. He concluded
that by putting the widenings, the bus bays, and the signal synchronization into place, the traffic
today, and projected in the future, would move smoother through the Chapman corridor.
Mayor pro tem Cavecche asked about the fiber optic system from the freeway east and whether
The Irvine Company was paying for the design study. She also asked whether the TSIP funds
would be reccived in time to fund the planned improvements.
Mr. Holmbaum responded that the City is currently working on the fiber optic system which
should be put in place by next year, and added that the synchronization needs to be done every
two ycars as traffic patterns increase and dccrcase. He indicated that the Development
Agreement makes provision for receiving the money up front. He also gave a status of the
Santiago Canyon Road and Cannon Street improvements, stating that the City has one more
property to buy; purchase property from the County needed on the northeast corner of the
interscction; and negotiatc with the school district for the frontage across the elementary school
to straighten and widen that portion of the road from the school, across the intersection and up to
the creek bridge.
Mayor pro tem Cavecche clarified that at the completion of the project, The Irvine Company
development will be one year into the build.
Councilmember Ambriz asked if the City has approached OCT A for payment of the $2.6 million
bus bays on Chapman, citing that these bus bays would serve their busses. He also asked about
the possibility of rcrouting the busscs through La Veta Avenue, pulling traffic from Chapman
Avenue.
Mr. Hohnbaum indicated that OCT A has been approached, but they are serving the City
residents and they look to the City to provide thc roadways. He added that La Veta Avenue does
not have the proper road thickness to support this kind of traffic, citing problems with certain
sections on West La Veta now. He added that a major portion of the $2.6 million is the right-of-
way property acquisition. He gave cxamples of narrower streets that have been improved by
adding the bus bays.
Irvine Company Senior Vice-Presidcnt, Dan Millcr stated that as part of the development project,
over and above the information that Mr. Hohnbaum just presented, improvements will occur on
Jamborec, Santiago Canyon Road and Chapman, as well as the Santiago Canyon Road/TCA
interchange.
Mr. Miller responded to a water quality question from Mayor pro tem Cavecche indicating that
the best managcment practiccs for the build at Area 2 at the lake will be addressed down the
road.
PAGE 18
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CITY COUNCIL MINUTES
Novenber 8, 2005
]4. PUBLIC HEARINGS (Continued)
Mayor pro tem Cavecchc asked for assurances from staff that thc traffic mitigation dollars are
going to be present to bc able to do something now on Chapman Avenue and verified that the
dollars will be coming from this project, TSIP fecs and the supplemcntal fees frolll Thc Irvine
Company beforc construction builds. She stated the nced for the improvemcnts to be a priority.
Shc asked for the number of homes in SHIl and EO Area 1, indicating that before Ithe tentative
tract map are awarded, the Council needs to have an idea of when the next traffic studly will be.
Mr. Miller rcsponded 1500 homcs in SHII and 900 in EO Area 1.
Mayor pro tem Cavecche asked about thc possibility of doing another traffic study i 1 connection
with Area 2. She asked about the number of residents living in the development when thc TTM
for Area 2 is brought to Council for approval.
Mr. Miller responded 200-300 units.
Mayor pro tem Cavecche stated that over the next few years, the environmental regu lations could
change drastically and it may be unknown what thc requirements for the build willl e on Area 2.
She further stated that as the dcvelopment progresscs, she would like to takc a 100), even if the
City incurs the cost, at the traffic implications to the City before starting on Area 2.
Mavor Mark Murphv - asked for information on thc sports park location, its conduciveness to
sports activities, and what conccrns need to be addressed or arc yet to be determincd.
Mr. Miller stated that the Park Planning and Development Commission held three public
hearings to address these qucstions.
Community Services Dircctor, Gary Wann stated that scveral types of studies have occurred on
the park issues and that he felt this would be a high-end activity park, with full activity occurring
over 6- 7 days of the week. He stated that moving the park closer to ncighborhoods would crcatc
problems. He reiterated that the design of the park was formulated over several y,ars and that
the park amenities will address some of the concerns noted in the City's overall park system.
Mayor Murphy expressed his concern on the possibility of changing economic conditions that
may affect financial aspects of the development. He ask cd for clarification that the difference in
the percentage of the tax split negotiated with the County was not the determining f2ctor in terms
of the positive outcome of thc financial evaluations.
City Manager, John Sibley responded that the actual tax split negotiation and apI'fOval by the
County and the City occurrcd in 2003. He explained that the agreed upon split of the taxes for
the area being developed was 69% for the City and 31 % for the County. He then stated that the
fiscal impact report showed a $35,000 annual surplus, recurring each year. He adc ed that thcrc
is a $639,000 contingency and a very high rate of general government that is appro:cimatcly 4%.
He concluded by stating that all other costs-public works, maintenance, fire, poli;c, etc., have
been calculated into the report.
PAGE 19
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
Mayor Murphy stated that progress-type reporting and progress-evaluation of the development
are important. He stated his desire for a plan to reassess the traffic situation in two to three years
down the road once homes are occupied. He stated that once approved, the development could
be constructed any time within the next five to six years. He stated the need to obtain assurances
that the expectations are being met or exceeded and that good management and good tools are
needed to manage financial and traffic issues.
Mr. Miller commented that in addition to the $400,000 payment at the start of the project,
combined with the fact that the fire station would not be built until later in the development, the
City would be able to build up revenue. He added that the calculations of the fiscal report were
very conservativc.
Mayor Murphy clarificd the ability to utilize the trails from Orange Park Acres to Black Star
Canyon. He also clarified that agreements with the HOA will be entered into, specifying that
areas within the new communities will be accessible, to cnsure no changes to the access of the
trails.
Mayor Murphy also asked how The Irvine Company would start the dialogue with interested
groups wanting to establish a church in the area.
Mr. Miller responded that up to now, groups that have expressed an interest in a church have
been instructed to contact The Irvine Company, and any future inquiries can also be directed to
The Irvine Company. He added that it is common to see church groups using schools and
community centers and that the available land in the projcct is hilly terrain and environmentally
sensitive that may not be conducive to building.
Mayor Murphy asked if Mercy Housing has been officially engaged to manage the affordable
housing program. He also asked if the target for number of affordable units was 160.
Mr. Miller responded that a Letter of Intent has been cntered into with Mercy Housing, which is
the first step to obtaining debt financing. He stated that currently 128 units are designated as
affordable homes in the development agreement. He indicated that the number of designated
units is determined by the amount of debt financing obtained.
Discussion occurred clarifying that the water basin management agreemcnt and the Natural
Treatment System (NTS) are scheduled to bc considered at the Irvine Ranch Water District board
meetings in the near futurc.
Council Questions
Mayor pro tem Cavecche asked about the timeline to building the Weir Canyon off ramp at the
Toll Road. She indicated it is hoped that this off ramp will alleviate some of the congestion
causcd by commuters driving through the City.
PAGE 20
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CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
Bryan Austin of The Irvine Company indicated that there is an obligation to complete this off
ramp at 421 units into the eastern portion of the City of Anaheim's Mountain Park project which
is roughly three years from now.
Mayor pro tem Cavecche asked the City Manager to identify road maintenancc funding
generated by the developmcnt to be set aside speci fically for the east side area. 5 he indicated
full support for the direction to build checkpoints into the project, ensuring the traffc conditions
detailed in the reports are bcing realized.
Councilmcmber Dumitru asked if there existed a plan in the event an archaeolc,gical site IS
found.
Principal Planner, Ed Knight responded that the E1R covers this scenario. Any found artifacts
are removed and sent to a storage facility at the County, which the developer p lYS for. Hc
indicated that an archaeologist would be on site; and has the authority to stop the project until the
issue is evaluated. He added that if bones are found, the coroner is called and if it i; determincd
the bones are Native Amcrican, the local tribes are notified.
Mr. Miller responded to a question from Councilmember Dumitru, indicating that the equestrian
center consists of roughly four acres.
Councilmember Dumitru expressed a desire to scc the equestrian center succeed, but if thc
equestrian center is not successful after a sIgnificant period of opcration, WOUlj there be a
possibility to immediately establish a commercial-rctail site with a sales tax base.
Mr. Knight respondcd that the zoning currently is commercial-recreational, ad ing that an
equestrian operation is the only viable use for this zoning. He indicated that Alterm.tive 4 of the
EIR-a six-acre, 30,000 square foot commercial center-was rejected duc to traflc concerns.
He concluded that the zoning would permit commercial-retail if the equestrian facility failed.
Councilmember Ambriz askcd whether the financial report that was said to have US( d figures for
a worst-case scenario, took into consideration the elimination of Area 3.
City Manager, John Sibley stated that the additional costs of providing sef\ices to and
maintenance of Area 3 versus the property tax was determined not to be a significant loss.
Councilmcmber Ambriz commcnted that providing thc basic infrastructure to Area ~ would have
been very high. He also asked about an estimatcd $3.6 million commitment made by the City to
the Grijalva Park gymnasium/community center-a figure refercnced in a recent memo from thc
Community Serviccs Director. Hc ask cd whether the $4.2 million being received from The
Irvine Company would cover that figure, stating that the costs to operate the ccntcr 'vill continue
to incrcase, and added that there existed a necd to prepare a Master Plan for Grijalva Park.
PAGE 21
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Sibley responded that the total picture for the Grijalva Park plan would require
approximately $10 million. He indicated that the Master Plan would address an amphitheater,
aquatic center, trail connections, Santiago Creek enhancements and pedestrian bridge crossing.
He detailed the sources of funding-$3 million in grant money, $1 million in Foundation pledge
money, as well as additional funding from 511 (Quimby Act) funds. While the $4.2 million
from the Irvine Company will assure completion of the facility, it will not cover everything and
that additional Quimby money will be needed. He stated that in fact, there are soft costs. He
commented that this money is currently earmarked and Grijalva Park is the best place to spend it,
but that Council can assign thc money elsewherc, adding that other park improvements have
their own funding idcntified. He concluded by stating that this plan is the only way to ensure
that the community center is built.
In response to questions from Councilmember Ambriz on library funding needs, Mr. Sibley
stated that the Library is an important project made possible by $9.6 million in state library bond
money and library fees, concluding that the Library project is fully funded.
Councilmember Ambriz stated that although fully funded, fundraising is ongoing to cover
anticipated operational costs and maintenance for the future Library/History Center. He
commented that another idea to consider for use of the difference between the $3.6 million and
the $4.2 million was a $200,000 traffic connection near Orange Hill Restaurant, which would be
a key connector for the horse trails. He concluded that he is willing to give up the three acres to
obtain the additional money for the Grijalva Park facility.
City Attorney, David DeBerry explained that the Development Agreement offers a long-term
lease for operation of the equestrian staging area, envisioning that the search for an opcrator
could continue for years. He indicated that the land has to be conveyed by the time the 350th
Certificate of Occupancy for Area 2 is issued. If these efforts were exhausted to no avail, any
other proposed usc of the property would have to come back for review.
Councilmember Smith asked about the status of the sanitation district agreement to provide
sewer scrvices to the project.
Irvine Company Senior Vice-President, Dan Miller responded that the IR WD would provide this
service and spoke to the fact that the Santiago County Water District would bc consolidating
with IRWD.
Councilmember Smith asked if the development plans call for low-level lighting in the
residential areas.
Mr. Miller responded that as long as public safcty concerns can be addrcssed, thc low level
lighting would be installed particularly in Area 1 and 2.
Councilmembcr Smith asked for thc size dimcnsions of thc convenience-commercial option in
the future.
PAGE 22
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CITY COUNCIL MINUTES
NoveT1ber 8, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Miller indicated that the arca is 4.5 acres with an estimated possible 40,000 squarc foot
commercial operation.
Councilrnember Smith stated her concern for bus transportation being provided to the low and
very-low income residents in the area.
Mr. Miller responded that OCT A provides the busses and detennines the routes. He added that
the construction of the roads would provide bus cutouts.
Councilmember Smith asked about the landscape plan. She indicated that the Cour cil had becn
bricfed and receivcd documentation on the landscape plans. She asked what the replacement
process would be for the Oak and Sycamore trees.
Mr. Miller responded that thc Design Review Committee and the Planning Corrmission had
revicwed the landscape plan. He indicated that 1 % of the Oak trecs currently on th: land would
be removed. He further stated that the City has a 2-to-l-rcplacement requirement, b lt The Irvine
Company is planning a 20-to-l-replacement ofnativc trees.
Mr. Miller responded to a question from Councilmember Smith stating that the flans call for
providing architectural features on all four sidcs of the buildings.
Council Comments
Mayor Murphy commented that he did not remember a project that had as much put lic input and
testimony as this one and thanked those who have been involved all along over fou:' consecutive
meetings. He stated that this project is the type that will permanently impact the whole
community and felt that it was most important to extcnsively review it, but that the I,roject would
be better for it.
Councilmember Ambriz stated that he echoed the Mayor's comments. He stated thlt the project
has gone on for a long time-citing 1988 as the starting point. He addcd that the public has been
given the opportunity for input, the testimony has been considered, and concessiols have been
made based on the concerns. He stated his readiness to go forward with the project.
Councilmember Dumitru commended all those who spoke - whether in oppositioH or in favor.
He notcd his opposition to the project in 1988 when the project was first consider,:d due to the
size of the commercial-retail and the large numbcr of housing units. He then commcnted on the
1996 - 2000 version which he thought was still too large.
Councilmember Dumitru stated his apprcciation for The lrvinc Company taking thc public's
intcrest to heart and listcning. He indicated that thc scoping meetings provided a valuablc
resource for changcs to the project. He indicatcd that the benefits for the city wilh the project
going forward were tremendous, along with the overriding concern that if the City did not keep
local control of the project then the County could, in fact, force the project upon the City.
PAGE 23
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Dumitru mentioned how the project will impact the City, including parks,
traffic, trails and open space. He cited the two years of public review, including 60 meetings
which resulted in millions of dollars in mitigation - $1.2 million in reoccurring surplus. He also
noted the large number of affordable units - the largest affordable project undertaken in the City.
He indicated that the project was worthy of support, and complemented The Irvine Company for
bringing forward a plan, which is now more compatible to the community than previous plans.
He indicated his appreciation for the many acres dedicated and tied into the nature conservancy
and the U. S. Forest Service. He mentioned the gifts given to the scouts and others that are a
huge benefit to the community, providing another outlet for the youth. He added that it is a good
plan, a good opportunity for Orange and a good idea to keep local control.
Councilmember Smith commented on the involvement and energy coming from the community
on this project. She added that Orange is a good City and that there has been a great deal of
staff efforts committed to the project. She stated that the history of the City affected her
decision on the project. She reviewed a brief history of the City, stating that in 1950 the
population was 10,027 people. She stated that there was a time that the only four things east of
the Chapman grade were Orange Park Acres (OPA) - which only had 600 people living there in
1964; Bobby & Jean's Restaurant; thc dump; and Irvinc Park; noting that this project is not the
first time that development has occurred in East Orange.
Councilmcmbcr Smith indicated that devclopment of the area began in the 1970's and anything
built since that time is part of thc East Orangc dcvclopment. She added that when the
development in East Orange first began many ycars ago, rcsidents living on the west side of
Orange were not happy, but that Orange has a tradition and hospitality to cxtcnd and welcome
people into the yet undeveloped portion ofthc City.
Councilmember Smith commented on thc dccision being difficult for her. She added that the
area has already becn drastically changed since the early days in Orange by thousands of homes,
the presence of the toll road and the amount of traffic on Santiago Canyon Road that exists now.
Councilmember Smith stated that the views are spectacular and added that Orange is very
fortunate to have the land reserves all around the project-which will border the city. She stated
that she is not thrilled at the proposal, but realistically the property owners, The Irvine Company,
have the right to develop thcir property just as any other property owncr has the right to build on
their property. She concurred that the City is now able to address the growth, and if the project
is denied, the dccision to build on the land will comc from another source-rendering Orange
unable to control the destiny of the City.
Councilmember Smith stated that thc projcct is not perfect, it is not finishcd, and it needs further
discussion, which will continuously occur. She expressed hcr excitement at the access thc
project will provide to the area with the trails, noting that at the moment, access to the land is
limitcd. Shc thought that with the community input, and working with The Irvine Company
over the years, has produccd an acceptable project. She stated that she would be voting for thc
proj ect.
PAGE 24
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CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
Mayor pro tem Cavecche indicated that she has been involved in this project since s e came onto
the Council four years ago. She indicated that for her, the finances ofthc project ha to work out
in favor of the City of Orange. She said the current taxpayers and rcsidcnts are n presentcd by
the Council and for their sake the financial aspcct had to work out. She stated the reed for some
checkpoints being put into place over the next couple of years to ensure the vi bility of the
proj ect.
Mayor pro tem Cavecche indicated her desire to have a commercial center that me ets the needs
of the residents moving into the development. She is interested also in providing th opportunity
to cstablish a church in the area - place for the residents to worship. She addcd hat the trails
issue was very important - to be able to hook up to the present trails and allow pe pie to cnjoy
the equestrian lifestyle and have acccss to the trail system.
Mayor pro tem Cavecche commcnded the community for the amount of work thc have put in
addrcssing thc project, indicating the number of study sessions and thc time that wa put into this
project - with give and take occurring on both sides. She noted that the HOA will e required to
keep the trails open. There are still a few things to be worked out-a couplc )f equestrian
crossings at Chapman and Newport, Canyon Vicw and Jamboree, and Newport Avenue and
Santiago Canyon Road. She stated that with some of the voluntary supplemcnt fees the crossings
could be addressed.
Mayor pro tem Cavecche then added that the biggest issuc for her was the traffic. ;~hc indicated
that the amount of money that the company was offering was not enough; however, with the City
Manager negotiating for more - the increase of over a million dollars, there is enough to mitigate
the traffic problems as needed. She indicated that the Council must make a commitment to
alleviate the problems that now exist.
Mayor pro tem Cavecche addressed the fact that The Irvine Company owns the land that the
project is being planned for. She indicated that it is correct to say that the develoJ'l11ent of East
Orange began a long time ago - naming a few of thc projects that have been approv ~d in the area
over the years. She stated that the City has negotiatcd thc best deal possible wih The Irvine
Company. She added that monitoring of the project must occur as development tak,~s place. She
asked that checkpoints be put into place to ensure that the project is not going to overpower the
currcnt residents there. She indicated that thc City staff and the Council will nced ,to be diligent
to oversee the project for perhaps the next ten years. Shc indicated her readiness () vote for the
project minus Area 3.
Mayor Murphy statcd that hc had been a part of the first review when thc Santiago Hills II
project was proposed in 2000. Hc indicated that some people look at this as 4,000 homes being
brought in; however, back in 2000, 1,600 homcs were approved and the entitlements are still
there to build that many homes should the City deny the project.
PAGE 25
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
Mayor Murphy agreed with the need to address traffic, trails, crossings, commercial areas,
churches and financial aspects of the project. He indicated that some modifications to the
Development Agreement were needed to analyze the financial picture and the traffic impacts, but
that concurrence was needed from the applicant. He spoke to the need for the checkpoints,
whether being triggered by Certificates of Occupancies being issued or certain number of units
being built - that another traffic analysis and financial review be performed to ensure that what is
believed to be planned for and what is intended to see happen is actually on process. He asked
for concurrence from the Applicant.
Irvine Company Senior Vice-President, Dan Miller agreed conceptually to the tJmmg
approach-working out the timing and measurements of progress, which is when the details are
addressed. He mentioned that The Irvine Company is preparing progress reports, but said that
Council may want to direct The Irvine Company and staff to work out the language in meeting
the intent.
City Attorney, David DeBerry stated that what could happen is that at a certain point in the
project there would be reports generated that would test the validity of the traffic analysis done
for the draft ErR, as well as the fiscal impact analysis to determine whether or not the projections
were accurate. He added that if the projections were not being realized, the parties involved
would then sit down to reach an agreement as to how to make up the deficit. He indicated
Council could give that type of direction to staff and the language would be prepared and
documented for a revised Developmcnt Agreement to be considered.
Mayor Murphy stated that although the intentions are good, he preferred the details in writing.
City Manager, John Sibley indicated that he understood the intent of a midstream calculation and
adjustment, if necessary. He indicated that all parties could meet and devise benchmarks for
revicw. He indicated that there will be further traffic and/or fiscal mitigation required and that
language will be drafted for Council consideration.
Mr. Miller stated that at this time identifying a particular unit or one particular Certificate of
Occupancy would be difficult to commit to; however, he statcd his desire for the data to be
meaningful.
Mayor Murphy stated that both parties need to be agreeable on the terms and that the project as
promised needs to deliver on its goals. He also agreed with the City's nccd to commit to dcliver
the traffic improvements, as soon as fiscally possible, and preferably before the increase in new
residents begins. He commented that change is difficult especially with the proud hcritage of
the ranch. He indicated that the benefits of the project to the entire City, along with providing
much needed housing for the community causcd the project to pass his test for approval - along
with the caveats stated to the Devclopment Agreemcnt. He indicated that the caveats are import
to ensurc the City rcccives thc promised benefits.
PAGE 26
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I
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
Conncil Action
RESOLUTION NO. 10018
A Resolution of the City Council of the City of Orange (a) Certifying the Adequacy of Final
Supplemental Environmental Impact Report (SEIR) 1278/Final Environmental Impact Report
(EIR) 1716 (SCH#1988110905) for the Santiago Hills II and East Orange Planned Communities
Project, Consisting of General Plan Amendment (GPA) No. 2003-0001, Zone Charge (ZC) No.
1218 & 1219, Runoff Management Plans for Santiago Hills II and East Orange Planned
Communities (ROMPS), Santiago Hills II and East Orange Design Guideliles (Design
Guidelines), Tentative Tract Maps 16199,16201, 16514, Conditional Use Permit :~488-03, Pre
Annexation Development Agreement between the City of Orange and The Irvine Company
(Dcvclopment Agreemcnt) and MPAH Amcndments (b) Adopt Findings of Fact, (c) Adopt a
Statcment of Overriding Considerations, and (d) Approve the Projcct.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10018; noting the removal of Area 3, and negotiate a mcans to
verify the accuracy of traffic and fiscal projections during a midpoint in the development proccss
to ensure the effectiveness of mitigation for those impacts.
RESOLUTION NO. 10019
A Resolution of the City Council of the City of Orange Approving General Plan Amendmcnt
No. 2003-0001 that will Rescind the East Orange General Plan Adopted in 1989 wd Establish
Goals, Policies, Implementation Measures, Text, and Figures to the City of Orange (ieneral Plan
and includes Changes to the Introduction of the General Plan, Land Use Element, Circulation
Element, Open Space/Conservation Element, Safety Elemcnt, Noise Element, md Historic
Preservation Element that Comprehensively Addresses Long Range Planning for Santiago Hills
II and East Orange Planned Communities.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Cavccchc
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10019.
PAGE 27
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 13-05 (FIRST READING)
An Ordinance ofthc City Council of the City of Orange Approving Pre Zone Change No. 1218
that makes Minor Amendments to the Adopted Santiago Hills JJ Planned Community
Regulations.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinancc No. 13-05 be read by title only and same was set for second reading by
the preceding vote.
ORDINANCE NO. 14-05 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Pre Zone Change No. 1219
that will Establish the East Orange Planned Community that includes a Zoning Map with a PC
Designation and a Development Plan to Allow the Construction of a 2,300 Dwelling Unit
Development that includes Public Parks, Trails and Native Open Space on Property Located
East of SR 241/261 and North and South of Santiago Canyon Road.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 14-05 be read by title only and same was sct for second reading by
thc preceding vote.
ORDINANCE NO. 15-05 (FIRST READING)
An Ordinance of the City Council of the City of Orangc Approving a Pre Annexation
Development Agreement for Santiago Hills WEast Orange Planned Communities (Development
Agreement) by and between the City of Orange and The Irvine Company.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Movcd that Ordinancc No. 15-05 be read by title only and same was set for second reading by
thc preceding vote; with direction to staff to negotiate a mcans to verify the accuracy of traffic
and fiscal projcctions during a midpoint in the dcvelopment process to ensure the effectiveness
of mitigation for those impacts.
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I
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10020
A Rcsolution of the City Council of the City of Orangc Approving Runoff Management Plans
for the Santiago Hills II and East Orange Planned Communities (ROMPS).
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Cavecchc
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10020.
RESOLUTION NO. 10021
A Rcsolution of the City Council of the City of Orange Approving Design Gl.idelines for
Santiago Hills II Planned Community and East Orange Planned Community Area 1, and
Conceptual Design Guidelines for East Orange Planned Community Area 2.
Applicant: The Irvinc Company
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10021.
RESOLUTION NO. 10022
A Resolution of the City Council of the City of Orange Approving Tcntative Tract Map 16199
to allow thc Subdivision of 201.1 Acres of Land for a Rcsidcntial Development that could
Permit up to 405 Dwelling Units, along with a Public Local Park Site and Pem anent Open
Spacc on property located on the East Side of Jamborcc Road, South of Santiago Canyon Road
and West ofSR 241/261.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Cavecchc
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10022.
PAGE 29
CITY COUNCIL MINUTES
November 8, 2005
14. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10023
A Resolution of the City Council of the City of Orange Approving Tentative Tract Map 16201
to allow the Subdivision of 270.9 Acres of Land for a Residential Development that could
permit up to 1,103 Dwelling Units, along with a Local Public Park Site and Permanent Open
Space on property located on the East Side of Jamboree Road, South of Irvine Regional Park
and West of SR 241/261.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecchc, Dumitru
Moved to approve Resolution No. 10023.
RESOLUTION NO. 10024
A Resolution of the City Council of the City of Orange Approving Tentative Tract Map 16514
to allow the Subdivision of 426 Acres of Land for a Residential Development that could permit
up to 1,018 Dwelling Units, along with two (2) Local Public Park Sites, a 20.1 Acre Community
Sports Park Site and Permanent Open Space on Property located on the East Side of SR
241/261, North of Santiago Canyon Road and South ofthe NCCP Boundary.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10024.
RESOLUTION NO. 10025
A Resolution of the City Council of the City of Orange Approving Conditional Use Permit
(CUP) No. 2488-03 to allow thc Developmcnt of a l28-Unit Affordable Housing Apartment
Complex for Very Low Income Family Households on a 3.96 Acre Site located on Lot 323 of
Tentativc Tract Map 16201, locatcd North of Santiago Canyon Road, West of SR 241/261 and
South ofIrvinc Park.
Applicant: The City of Orange Rcdeve10pment Agency
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, DumitfU
Moved to approve Resolution No.1 0025.
PAGE 30
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I
CITY COUNCIL MINUTES
Novcmbe[ 8, 2005
14. PUBLIC HEARINGS (Continued)
14.4 GRIJALVA PARK EXTENSION CONCEPTUAL MASTER PLAN -- CAPITAL
IMPROVEMENT PROJECT NO. 0151; GENERAL PLAN AMENDMENT 2005-0001;
ZONE CHANGE 1233-05; MAJOR SITE PLAN REVIEW 0402-05; DESIG'I/ REVIEW
4014-05; SUBSEQUENT MITIGATED NEGATIVE DECLARATION NO. 1753-05.
(C2500.Mo4.20)
Time set for public hearing to consider the conceptual plans for development of a public park,
including a gymnasium, community center, aquatic center, skate park, tot lot, outdoor
amphitheater, restroom, passive use area, parking and circulation improvements UJon property
located at the northwest corner of McPherson Road and Spring Street, adjacent to Grijalva Park.
NOTE: Staff has rcquested this item be continued to Dccember 13, 2005.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue to December 13, 2005.
IS. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT
The City Council adjourned at 10:40 p.m.
The next Regular Council Meeting is scheduled for November 22, 2005.
Dcclaration of City Clerk, Mary E. Murphy, declaring posting of City Council agcnda of a regular
meeting of Novcmbcr 8, 2005 at Orange Civic Ccntcr kiosk, Police facility at 1107 ],orth Batavia,
Shaffer Park; all of said locations bcing in the City of Orangc and freely accessible to IT embers of the
public at least 72 hours beforc commcnccmcnt of said regular meeting; and available at th ~ Civic Ccnter
City Clcrk's Office and Main Public Library at 101 N. Center Strect.
fA ~
MAR . . RPHY
C~K
MARK A. MURP
MAYOR
PAGE 31