12/13/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON JANUARY 10,2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING December 13, 2005
The City Council of the City of Orange, California convened on December 13, 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 Sgt. Dave Hill, Orange Police Department
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Caveeche
1.3 ROLL CALL
PRESENT - Smith, Ambriz, Murphy, Caveeche, Dumitru
ABSENT - None
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Recognition of City employee Michael D. Harary, Personnel Services Manager, as the
recipient of the Moving Forward Award 2005 from the state's largest public
employer!labor relations association, CALPELRA (California Public Employers Labor
Relations Association).
Presentation to Gary Wann, Community Services Director, in recognition of more than
30 years of service to the City of Orange.
Presentation of Proclamation to Orange High School Football Team for making the CIF
Championship.
Announcement: The City of Orange Fire Department is celebrating it's Centennial.
Announcement: The City Council will adjourn in
member of one of Orange's pioneering families.
adjournment certificate on behalf of the family.
memory of Elsie Eckhoff Porter,
Tom Porter accepted a memorial
2.
PUBLIC COMMENTS -
Je'net Kreitner, Second Harvest Food Bank, spoke on the success of the citywide food
drive.
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CITY COUNCIL MINUTES
December 13,2005
2. PUBLIC COMMENTS (Continued)
Gayle Merino, address on file, spoke on the success of the Mayor's Prayer Breakfast; and
thanked the City for this event.
Charlie Peltzer, address on file, spoke on the possibility of an interim use for the property
at Chapman and Yorba.
Kimberlee Nichols, Library Foundation, clarified comments in Council Minutes
rcgarding the funding of the Library project.
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 bc 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 November 17, 23 and
December 1, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of November 22, 2005.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Cooperative Agreement between the City of Orange and the City of Santa Ana for
installation and maintenance of street lighting on the Bristol/La Veta Bridge at the
1-5 Freeway; and appropriation from unallocated Measure M funds for this
project. (A2100.0 Agr-4800)
SUMMARY: The Cooperative Agreement between the City of Orange and the City of
Santa Ana establishes the funding and respective responsibilities of each agency for the
installation and maintenance of street lighting on the Bristol!La Veta Bridge at the 1-5
Freeway.
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CITY COUNCIL MINUTES
December 13,2005
3.
CONSENT CALENDAR (Continued)
ACTION: 1) Appropriated $50,000 from unallocated 262 Measure M funds to 262-
5032-483100-6216 La Veta Bridge/I-S Freeway Street Lighting. 2) Approved and
authorized the Mayor and City Clerk to execute the Agreement on behalf of the City
FISCAL IMPACT: Upon appropriation, funds will be available in the following Capital
Improvement Program accounts.
262-5032-483100-6216 La Veta Bridge /1-5 Freeway Street Lighting
286-5032-483100-6216 La Veta Bridge /1-5 Freeway Street Lighting
$ 50,000.00
197,800.00
3.5
Agreement for the transfer of ownership of the Police Service Dog, Titus, currently
assigned to the Police Department's Canine Team from the City of Orange to
Canine Officer David Pasino. (A2100.0 Agr-4801)
SUMMARY: Canine Officer David Pasino has been assigned to the Police Department's
Canine Team for the past four and a half years with Titus as his canine partner. Officer
Pasino was recently transferred to the detective division and has assumed a new position
not requiring the use of his canine partner, Titus. As Titus has lived with the Pasino
family for the past four and a half years while Officer Pasino has been the dog's handlcr,
it is the Police Department's recommendation that his ownership be transferred from the
City of Orange to Officer David Pasino.
ACTION: Approved the Agreement transferring owncrship of Titus to Officer David
Pasino.
FISCAL IMPACT: There will be no fiscal impact to the General Fund.
BIDS
Bid No. 056-19; Project No. SP-3538; CDBG Project - Americans with Disabilities
Act (ADA) Wheelchair Access Ramps at Various Locations, Fiscal Year 2005-06.
Approval of plans and specifications, and request for authorization to advertise for
bids. (S4000.S.3.2)
SUMMARY: Plans and specifications have been completed for the ADA Wheelchair
Access Ramps at Various Locations, Fiscal Year 2005-06 Project and they are ready to
advertise for bids. The estimated construction cost is $134,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG ADA Wheelchair Access Ramps at Various Locations, Fiscal Year 2005-2006.
FISCAL IMP ACT: Funds are budgeted and available in the Capital Improvement
Program in the following account:
310-9645-483300-1328 - $134,000 - Community Development Block Grant (CDBG) _
ADA Improvements.
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CITY COUNCIL MINUTES
December 13, 2005
3. CONSENT CALENDAR (Continued)
3.7 Rejection of Bids - Bid No. 056-09; SP-3531; The City of Orange Civic Center
Finance and Public Works Building Offices Interior Painting, and Authorization to
Re-advertise for Bids. (P2500.0.5)
SUMMARY: The City received four (4) bids with the low bidder's contract total being
$78,900, which was higher than the current $44,000 budget.
ACTION: Rejected all bids received and authorized the re-advertisement of this project.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
725-5028-481200-9811 $44,000 (Major Building Improvements)
3.8 Rejection of Bids - Bid No. 056-13; 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 tank at the Fire Headquarters. (C2500.M)
SUMMARY: The City received four (4) bids with the low bidder's contract total being
$444,407, which was higher than the current $427,070 budget.
ACTION: Rejected all bids received and authorized the re-advertisement of this project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program 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
Total $ 427,070
3.9 Bid No. 056-16; SP-3544 Rehabilitation of Miscellaneous City Streets under The
Transportation Congestion Relief Funds (TCRF) Program; Approval of Plans and
Specifications and Authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the rehabilitation and
reconstruction of miscellaneous City streets under the Transportation Congestion Relief
Funds Program. The project is ready to be advertised. The estimated construction cost is
$575,667.
ACTION: 1) Approved plans and specifications and authorize advertising for FY 2005-
06 Rehabilitation of City Streets under the TCRF Program. 2) Authorized an
appropriation of $575,667 from Fund 340 to 340-5011-483300-3116. Funds have been
received in the amount of $170,000 to date while the remainder of funding is expected by
the end of June 2006.
FISCAL IMP ACT: After the appropriation is executed, sufficient funds will the available
in the following account:
340-5011-483300-3116 - $575,667 - Traffic Congestion Relief Highway Maintenance
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CITY COUNCIL MINUTES
December 13,2005
3.
CONSENT CALENDAR (Continued)
3.10
CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Matthew F. Long
b. Southern California Edison--7112/05 Incident
c. Carlo Rettllfa
d. Smith's Chapman House Realty
e. Gail McKinney
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Second Amendment to Contract AGR-4371 for the installation of traffic striping,
pavement markings and raised pavement markers at various locations within the
City of Orange, Bid No. 034-17. (A2100.0 Agr-4371.2)
SUMMARY: Sudhakar Company Intemational was awarded a contract, on a competitive
basis, for traffic striping for the City in November, 2003. The contract allowed for
annual renewals for up to two (2) years based on mutual agreement. It is proposed to
renew the contract for FY 2005-2006 in an amount not to exceed $86,195.00.
ACTION: Approved second amendment to Contract AGR-437l in an amount not to
exceed $86,195.00 for installation of traffic striping, pavement markings and raised
pavement markers at various locations within the City of Orange, and authorized the
Mayor and City Clerk to execute the Amendment on behalf of the City.
FISCAL IMPACT: Funds in the amount of$86,19S.00 for this contract are budgeted in
the 2005-06 fiscal year and are available utilizing Gas Tax Exchange Funds in the
Contractual Services Account No. 273-5032-427100.
3.12
Award of Professional Services Contract - Geotechnical Study and Monitoring of
Reservoir 2A. (A21 00.0 Agr-4802)
SUMMARY: This contract authorizes the Consultant to provide professional
geotechnical services to evaluate ground conditions and present recommendations for
future preventive or remedial repairs. The scope of work includes gathering information
on the subsurface conditions, taking soil samples, installation of monitoring equipment,
lab testing, geologic analysis, and providing a written report and recommendations.
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CITY COUNCIL MINUTES
December 13,2005
3. CONSENT CALENDAR (Continued)
ACTION: Awarded the contract in the amount of $44,425.00 to Geologic Associates,
Inc., 392l-A La Palma Avenue, Anaheim, CA 92807 and authorized the Mayor and the
City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
600-8011-426200 $44,425.00 Engineering Services
3.13 Award of Public Project Contract -- Bid No. 056-15; Reservoir 2A Slope Repair.
(A2100.0 Agr-4803)
SUMMARY:
Reservoir 2A.
bidder.
This contract authorizes the repair of the superficial slope failure at
Moore & Taber, Inc. of Anaheim, CA 92807 is the lowest responsible
ACTION: 1) Appropriated $20,000.00 from unallocated reserves to account 601-8011-
484400-8303; 2) Awarded the contract in the amount of $109,000.00 to Moore &
Taber, Inc., 1290 N. Hancock Street, Suite 102, Anaheim, CA 92807 and authorized the
Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funding for this project with the recommended appropriation is:
601-8011-484400-8303 $120,000.00 Reservoir 2A Slope Restoration
3.14 Award of Professional Services Contract -- Well No. 26 Building & Electrical
Design. (A2100.0 Agr-4804)
SUMMARY: This contract authorizes the Consultant to provide professional
engineering services to complete the design of Water Well No. 26. The scope of work
includes preparation of construction plans and specifications, along with oversight
services during construction of the project.
ACTION: Awarded the contract in the amount of $86,488.00 to RMS Engineering &
Design, Inc., 537 Newport Center Drive, Suite 294, Newport Beach, CA 92660 and
authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
601-8011-484101-8118 $86,488.00 Water ClP - Well 26 Construction
3.15 Mills Act Contract No. MAC-121.0-05 (Historic Property Preservation
Agreements). (A2100.0 Agr-4805)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $55,850. Location: 823 E. Walnut
A venue.
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CITY COUNCIL MINUTES
December 13,2005
3. CONSENT CALENDAR (Continued)
NOTE: The applicant requested this application be withdrawn.
ACTION: Withdrawn from the Agenda.
3.16 Mills Act Contract No. MAC-122.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agr-4806)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $45,780. Location: 492 S. Grand Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-l22.0-0S),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: With the stepped-up basis from a recent sale of the property on July
21, 2005, the estimated Mills Act Property Tax Adjustment will yield an estimated
increase in property tax to the City in the amount of $235 per year.
3.17 Mills Act Contract No. MAC-123.0-05 (Historic Property Preservation Agreement).
(A2100.0 Agr-4807)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $70,525. Location: 247 S. Cambridge Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-l23.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The City will incur a loss of property tax of approximately $406 per year.
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CITY COUNCIL MINUTES
December 13, 2005
3. CONSENT CALENDAR (Continued)
3.18 Mills Act Contract No. MAC-124.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agr-4808)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $82,835. Location: 148 N. Cleveland
Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-124.0-(5),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMP ACT: The City will incur a loss of property tax of approximately $228 per
year.
3.19 Mills Act Contract No. MAC-125.0-05(Historic Property Preservation Agreements).
(A2100.0 Agr-4809)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $83,465. Location: 536 E. Van Bibber
Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-125.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMP ACT: The City will incur a loss of property tax of approximately $59 per
year.
3.20 Mills Act Contract No. MAC-126.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agr-4810)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the City of Orange. Estimated costs associated with the repair,
rehabilitation and maintenance performed by the owner for the (minimum 10 year) term
of this contract total $102,345. Location: 327 S. Cambridge Street.
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CITY COUNCIL MINUTES
December 13, 2005
3.
CONSENT CALENDAR (Continued)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-126.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMP ACT: With the stepped-up basis from a recent sale of the property on
January l7, 2005, the estimated Mills Act Property Tax Adjustment will yield an
estimated increase in property tax to the City in the amount of $608 per year.
3.21
Mills Act Contract No. MAC-127.0-05(Historic Property Preservation Agreements).
(A2100.0 Agr-481l)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum lO year) term of this contract total $54,285. Location: 230 N. Grand Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-127.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The City will incur a loss of property tax of approximately $244 per
year.
3.22 Mills Act Contract No. MAC-128.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agar-4812)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $67,400. Location: 238 N. Grand Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-128.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The City will incur a loss of property tax of approximately $183 per
year.
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CITY COUNCIL MINUTES
December 13,2005
3. CONSENT CALENDAR (Continned)
3.23 Mills Act Contract No. MAC-129.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agr-4813)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $47,960. Location: 356 N. Cambridge
Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-129.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMP ACT: With the stepped-up basis from a recent sale of the property, the
Mills Act Property Tax Adjustment will yield an estimated increase in property tax to the
City in the amount of $133 per year.
3.24 Mills Act Contract No. MAC-130.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agr-4814)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $68,750. Location: 391 S. Grand Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-130.0-(5),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: With the stepped-up basis from a recent sale of the property the
Mills Act Property Tax Adjustment will yield an estimated increase in property tax to the
City in the amount of$334 per year.
3.25 Mills Act Contract No. MAC-131.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agr-4815)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $59,675. Location: 816 E. Culver Avenue.
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December 13, 2005
3.
CONSENT CALENDAR (Continued)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-l3l.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMP ACT: With the stepped-up basis from a recent sale of the property in May
of 2005, the estimated Mills Act Property Tax Adjustment will yield an estimated
increase in property tax to the City in the amount of$438 per year.
3.26
Mills Act Contract No. MAC-132.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agr-4816)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $242,380. Location: 644 S. Grand Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-132.0-0S),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: With the stepped-up basis from a recent sale of the property in
January of 2005, the estimated Mills Act Property Tax Adjustment will yield an
estimated increase in property tax to the City in the amount of $334 per year.
3.27 Mills Act Contract No. MAC-133.0-05 (Historic Property Preservation Agreements).
(A2100.0 Agr-4817)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $63,685. Location: 280 N. Cleveland
Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-133.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMP ACT: With the stepped-up basis from a recent sale of the property on April
20, 2005, the estimated Mills Act Property Tax Adjustment will yield an estimated
increase in property tax to the City in the amount of $454 per year.
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CITY COUNCIL MINUTES
December 13,2005
3. CONSENT CALENDAR (Continued)
3.28 Approve contract with Reliance Standard Life Insurance Company for employee
Life Insurance and Long Term Disability Insurances effective January 1, 2006 --
December 31, 2006. (2100.0 Agr-4174.A)
SUMMARY: This agreement with Reliance Standard Life Insurance Company provides
group Life Insurance and Long Term Disability Insurance benefits for City employees.
The terms and conditions of this contract are exactly the same as the last 12-month
contract between the City of Orange and Reliance Standard Life Insurance Company.
This contract will be in effect for 12 months beginning January 1, 2006 through
December 31, 2006.
ACTION: Approved the continuation of the existing contract between Reliance Standard
Life Insurance and the City of Orange for the next l2-months (January 1, 2006 through
December 31, 2006). Authorize the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: There is no additional fiscal impact to the current budget. The
annual amount paid to Reliance Standard is already included in each department's annual
operating budget under employee salaries and benefits.
(REMOVED AND HEARD SEPARATELY)
3.29 Approve Contract renewal with REACH for Employee Assistance Program
effective January 1,2006 through December 31, 2007. (A2100.0 Agr-1823.0)
SUMMARY: During the past ten years the City has utilized the services of REACH
Employee Assistance Program for City employees and their family members. This is a
valuable, comprehensive program that provides counseling services, supervisory training
programs, professional referrals, and consultation services with staff regarding employee
performance issues.
Discussion _ In response to questions raised by Councilmember Dumitru, Personnel
Director, Steven Pham noted that this agreement has been negotiated, that costs are
compared, and that approximately 28% of all employees utilize the services of REACH.
MOTION - Dumitru
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Approved the contract with the Employee Assistance Program provider,
REACH, and authorize the Mayor and City Clerk to execute on behalf of the City.
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December 13, 2005
3.
CONSENT CALENDAR (Continued)
FISCAL IMPACT: There is no additional fiscal impact to the current budget. The
budget for fiscal year 2005 - 2006 is set at $20,000.00 for the Employee Assistance
Program (EAP) and is currently included in the Personnel Services Department's annual
operating budget. The contract for this time period will be $2.16/per employee/per
month, and this amount has not increased for ten years.
3.30
Final Acceptance of Bid No. 056-06; SP-3527; Annual Street Maintenance Asphalt
Concrete Overlay/Reconstruction at Various Locations, FY 2005-06 and
authorization to file Notice of Completion with the County Recorder (No staff
report reQuired). (A2100.0 Agr-4742)
SUMMARY: Bid No. 056-06; SP-3527; Annual Street Maintenance Asphalt Concrete
Overlay/Reconstruction at Various Locations, FY 2005-06. The contractor on said job
was RJ. Noble Company.
ACTION: Accepted public work improvements, authorized release of Traveler Casualty
and Surety Company of America of Connecticut, Bond NO.1 04557739, in the amount of
$985,7l9.00 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
3.31 Final Acceptance of Bid No. 056-02; SP-3503; Palm Avenue Reconstruction Project
from Batavia Street to Cypress Street, and authorization to file Notice of
Completion with the County Recorder (No staff report reQuired). (A2l00.0 Agr-
4751)
SUMMARY: Bid No. 056-02; SP-3503; Palm Avenue Reconstruction Project from
Batavia Street to Cypress Street. The contractor on said job was R.J. Noble Company.
ACTION: Accepted public work improvements, authorized release of Traveler Casualty
and Surety Company of America of Connecticut, Bond No.1 04557748, in the amount of
$370,251.45 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
December 13, 2005
3. CONSENT CALENDAR (Continued)
PURCHASE
3.32 Purchase a total of nine miscellaneous vehicles and two trailers from three dealers
per Bid No. 045-53. (C2500.M)
SUMMARY: Bid No. 045-53 authorizes the replacement of current units in the Public
Works and Community Services Departments. Purchase the fol1owing vehicles from
dealers as indicated:
Burch Ford
One (1) Ford F450 3-4 yard Dump Bed $ 37,082.11
One (1) Ford F450 Valve Truck $ 37,111.25
One (1) Ford F 450 Graffiti Truck $ 30,207.66
One (1) Ford F550 Service Truck w/3000lbs Crane $ 43,331.61
One (1) Ford F2S0 Service Truck $ 29,307.80
One (1) Ford Escape HYBRID $ 29,549.50
Villa Ford
One (1) Ford F250 H.D. Pickup Truck
Two (2) Ford F150 SC Pickup Truck
D3 Equipment
Two (2) Equipment Trailers (Backhoe)
Total
$ 20,259.55
$ 45,236.48
$ 30286.46
$302,372.42
ACTION: 1) Authorized the purchase of nine (9) miscellaneous vehicles and two (2)
equipment trailers per Bid No. 045-53 in the amount of $302,372.42; 2) Authorized the
City Manager to surplus the replaced vehicles at auction.
FISCAL IMPACT: There are sufficient funds in account number 720-5023-472102
Motor Vehicle Replacement.
3.33 Purchase a total of six police pursuit vehicles from Villa Ford per Bid No. 045-44.
(C2500.K)
SUMMARY: Purchase the following vehicles from Villa Ford as indicated: Six B&W
Ford Crown Victoria Police Pursuit Sedans includes six ESP Premium Care Warranty -
$151,519.32; Per Bid No. 045-44, to replace current units in the Police Department.
ACTION: 1) Authorized the purchase of six Police Patrol Sedans for the Orange
Police Department, including the ESP Premium Care 75,000 mile Warranty from Villa
Ford. 2) Authorized the City Manager to declare the replaced vehicles surplus and
dispose of them at an auction.
FISCAL IMPACT: There are sufficient funds in account number 720-5023-472102
Motor Vehicle Replacement.
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CITY COUNCIL MINUTES
December l3, 2005
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.34 RESOLUTION NO. 10046 (C2500.J.5.4)
A Resolution of the City Council of the City of Orange Modi fying a Records Retention
Schedule.
ACTION: Approved.
TRAFFIC
3.35 Request to increase the minimum thresholds in the Residential Neighborhood
Traffic Management Program (RNTMP) for the installation of speed humps.
(S4000.S.6)
SUMMARY: This is an increase in mmlmum required traffic speed and volume
thresholds in the RNTMP to ensure speed humps are installed only on residential streets
experiencing excessive speed.
ACTION: Approved the modifications to the minimum thresholds for the installation of
speed humps in the RNTMP.
FISCAL IMPACT: None.
MOTION - Ambriz
SECOND - Smith
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Item 3.15 was removed from agenda; Item 3.29 was removed and heard separately. All
other items were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY
4.1 Appointment to the Investment Advisory Board. (OR1800.0.27.13)
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Michael Helmuth to the Investment Advisory Board; term to expire January
30,2007.
Page 15
CITY COUNCIL MINUTES
December 13, 2005
4. REPORTS FROM MAYOR MURPHY (Continued)
4.2 Appointment to the Design Review Committee. (ORI800.0.8.1)
MOTION - Murphy
SECOND - Smith
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Bill Cathcart to the Design Review Committee; term to expire June 30, 2007.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -- None.
7. ADMINISTRATIVE REPORTS
7.1 The naming of 3-acre passive park to be constructed as part of Tract No. 16601 on
the south side of Serrano Avenue, west of Anaheim Hills Elementary School in
Serrano Heights; was continued to this time from November 22, 2005. (C2500.Mo4.22)
SUMMARY: The City approved the Tentative Tract Map 16601 for the residential
development in Serrano Heights 9B, including a 3-acre neighborhood, passive park located south
of Serrano Avenue and westerly of Anaheim Hills Elementary School. The consultant, retained
by the developer, has completed the construction documents for the park and is planning to begin
construction this winter. The Park Planning and Development Commission has recommended
naming the park Canyon View Park.
Discussion _ Council discussed the suggestion by Councilmember Ambriz to name the park after
fonner Mayor pro tem Fred Barrera. It was determined that guidelines were needed to follow in
naming future parks after persons active in the community, elected officials, and other deserving
citizens.
MOTION - Ambriz
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve the name Fred Barrera Park for the 3-acre passive park to be constructed as
part of Tract No. 16601 on the south side of Serrano Avenue, west of the Anaheim Hills
Elementary School in Serrano Heights; and directed staff to develop a policy for naming parks to
be reviewed by the Park Planning & Development Commission and the City Council before any
more parks are named.
Page 16
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CITY COUNCIL MINUTES
December 13,2005
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Applications to the California Department of Parks and Recreation for Grant
Funds in the amount of $584,000 from Per Capita Grant Program and $359,874 from the
Roberti-Z'berg Harris Block Grant Program under the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Act of 2002; and Amendment of Grant
Contract with the Department of Parks and Recreation to reflect the assignment to the City
by the County of Orange of $1,000,000 in Per Capita Grant Program Funds. (C2500.N)
SUMMAR Y: The California Department of Parks and Recreation requires the City of Orange to
submit an authorizing resolution and thereafter execute contracts to encumber grant funds under
the Per Capita Grant Program and the Roberti-Z'berg - Harris Block Grant Program.
Discussion - Community Services Manager, Bonnie Hagan briefly summarized the report.
Mayor Murphy stated that these are important activities which will put the City in play for a
number of grant opportunities, as well as managing the grants the City has already received.
RESOLUTION NO. 10042
A Resolution of the City Council of the City of Orange authorizing submission of an Application
to the California Department of Parks and Recreation for Grant Funds in the amount of $584,000
from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of2002.
RESOLUTION NO. 10043
A Resolution of the City Council of the City of Orange ratifying that certain Amendment to
Financial Assistance Agreement between the City of Orange and the County of Orange relating
to the County of Orange's allocation of per Capita Grant Program Funds from the State of
California under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Act of 2002; and authorizing the Department of Parks and Recreation of the State of
California to amend its Grant Contract with the City of Orange to reflect the assignment to the
City of a portion of Orange County's Grant allocation.
RESOLUTION NO. 10044
A Resolution of the City Council of the City of Orange authorizing submission of an
application to the California Department of Parks and Recreation for Grant Funds in the amount
of $359,874 from the Roberti-Z'berg Harris Block Grant Program under the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of2002.
MOTION - Cavecche
SECOND - Smith
A YES - Smith, Ambriz, Murphy, Caveeche, Dumitru
Page 17
CITY COUNCIL MINUTES
December 13, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Moved to:
1. Approve Resolution Nos. 10042, 10043, 10044;
2. Appropriate the sum of $1,943,874 in Proposition 40 grant funds in account 550-7021-
481200-1606 (Gymnasium/Sports Center);
3. Amend the revenue budget in the amount of $1,943,874 in account 550-7021-261500-1606
(Gymnasium/Sports Center).
FISCAL IMPACT: The City has been allocated the following amounts from the State of
California:
Per Capita Grant Program $ 584,000
Per Capita Grant Program funds originally allocated to the County of Orange $1,000,000
Roberti-Z'berg-Harris Grant Program $ 359,874
550-7021-481200-1606 Gymnasium Sports Center $1,943,874
7.3 Report from the Economic Development Director regarding the Annual Report of
the Orange Redevelopment Agency for Fiscal Year 2004-2005, and authorization to submit
the report to the Controller of the State of California. (R3500.0) (TAPE 1700)
(Related ORA Agenda Item No. 7.1)
SUMMARY: The Annual Report describes the activities of the Redevelopment Agency during
Fiscal Year 2004-2005, and includes a Comprehensive Annual Financial Report relating to the
Agency's finances.
Discussion __ Economic Development Director, Jim Reichert listed the highlights of the past year
including the continued renovation and expansion of the Village at Orange, facilitation of the
second Home Depot opening in Orange, and numerous affordable housing projects.
Councilmcmber Ambriz asked if redevelopment funds have ever been used for park
enhancements.
Mr. Reichert indicated that Olive Park had received approximately $800,000 several years ago.
RESOLUTION NO. 10047
A Resolution of the City Council of the City of Orange approving the Annual Report of the
Orange Redevelopment Agency for Fiscal Year 2004-2005 and authorizing and directing its
transmittal to the Controller of the State of California.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10047.
Page 18
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CITY COUNCIL MINUTES
December 13, 2005
7. ADMINISTRATIVE REPORTS (Continued)
704 Appeal of a City Traffic Commission action to install an All Way STOP Control at
the intersection of Parkhurst Drive and Crown Parkway. (A4000.0)
SUMMARY: The appellant, Eduardo Castaneda, opposes the proposed installation of a STOP
Sign and legend in front of his house. He also questions the need for an All Way STOP control
when the easterly leg ofthe subject intersection terminates in a cul-de-sac.
Reason for Appeal:
"The decision resulted in putting a STOP sign adjacent to our house right out of our driveway.
What we signed was a petition from our neighbor requesting a STOP sign from Crown Parkway
east to Parkhurst Drive. We are aware that the original request was not approved. We did not
sign for a petition to put a STOP sign in front of our house. This is a quiet neighborhood with
not much traffic especially in our side of the street. East of Crown Parkway after our house
actually ends in a cul-de-sac. We do not see any benefit of having this STOP sign in front of our
house. This STOP sign will only result as a disadvantage to us. As stated in your letter, putting
this STOP sign in front of our house can result in an incremental increase in noise and air
pollutants due to vehicles accelerating and decelerating in proximity to the intersection. We
have 3 small kids and increase air pollutants around our house is not something we would want
for them. We moved away from the city to get away from air pollutants. The letter also states
that approximately 30 feet of red curb will be installed in advance of each STOP sign to improve
visibility. 30 feet of red curb will be the front of our house, which will mean we won't be able to
utilize parking in front of our own house if needed. This will also result in a decrease of home
value for us. We are revoking our original signature from the original petition we signed and we
are appealing the installation of an "All-Way" STOP control at the intersection of Parkhurst
Drive at Crown Parkway."
Discussion - The appellant, Mr. Castaneda stated that the installation of the stop sign in front of
his home would create noise and pollution, and indicated there are other ways to slow down
speeding cars. He added that there have been no accidents at this intersection.
City Traffic Engineer, Tom Mahood stated that there exists a sight-distance problem at this
location. He stated that this is one of two access points to the tract, and that the original request
was for a one-way stop; however, the City Traffic Commission concluded that an all-way stop
was necessary due to the block wall along Crown Parkway.
Mayor pro tern Cavecche asked about the amount of room available to physically place a stop
SIgn on the parkway.
Mr. Mahood indicated that there are other signs in the neighborhood installed in the parkway and
that the location chosen for the stop sign~next to the mail boxes~has adequate room for
installation of the stop sign.
Page 19
CITY COUNCIL MINUTES
December 13,2005
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Ambriz asked how many residents had been notified of this action. He added
that all of the residents would be affected by the stop sign and should have received notices.
Mr. Mahood stated that this is a safety issue, rather than a land use issue; and the City Traffic
Commission had directed noticing residents in a two-home proximity of the residence at issue.
Councilmember Dumitru clarified that neither the one-way stop or the all-way stop met the
criteria.
Mr. Mahood responded that the decision was based on numbers and that thc Traffic Commission
based their decision on criteria typical of this situation.
Speakers - James Gross, 2272 Parkhurst, spoke in favor ofa all-way stop sign.
Eduardo Castaneda, appellant, reiterated that the volume of traffic does not warrant the sign.
Mayor pro tem Cavecche stated that there is a tot lot on the next street and children throughout
the neighborhood. She had visited the area and observed drivers craning their necks to see the
oncoming traffic. She indicated that for safety concerns Stop signs needed to be installed but
was not happy with the proposed location of the sign.
Councilmember Dumitru expressed concern about the tot lot location a few blocks away.
Councilmember Smith asked if all the alternatives have been exhausted in solving this issue. She
expressed concern for the appellant; but also expressed a concern for the number of children in
the area and possible safety issues.
Councilmember Ambriz asked what the safest solution was for this issue; and if an accident were
to occur, would the City be liable if nothing had been done to correct the problem.
Mr. Mahood stated that one stop sign would be confusing to the drivers-it would qualify as a
non-standard type of installation.
City Attorney, David DeBerry stated that if the Council received information from the Traffic
Engineer and a traffic accident occurred as a result of traffic confusion, there could exist a
liability issue.
Mayor Murphy agreed there is a site distancc problem and a large number of children and
increasing traffic. He empathized with the applicant, but thought it better to error on the side of
caution.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to deny the appeal and uphold the City Traffic Commission recommcndation to install an
all-way stop control at the intersection of Parkhurst Drive and Crown Parkway.
Page 20
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CITY COUNCIL MINUTES
December 13, 2005
7. ADMINISTRATIVE REPORTS (Continued)
7.5 Agreement between the City and the Community Foundation of Orange
(Foundation) to authorize the Foundation to offer naming opportunities to prospective
donors who make donations toward the cost of constructing the second phase of Grijalva
Park. (A2100.0 Agr-4819) (TAPE 2891)
SUMMARY: In an effort to assist the Foundation in its fundraising efforts toward the costs of
constructing the second phase of Grijalva Park, the City and the Foundation have been
discussing the prospect of providing naming opportunities for donors who donate money to fund
the construction. This Agreement would authorize the Foundation to offer naming opportunities
to prospective donors in accordance with the policies and guidelines contained in the Agreement.
The naming opportunities would include rooms, buildings, spaces, areas, pavers, tiles, benches
and other architectural features.
Discussion - City Manager, John Sibley listed the items-buildings and amenities-to be named
and the donation amounts associated with each one.
City Attorney, David DeBerry indicated that the agreement states that the Foundation will notify
the City of all naming opportunities. The naming of buildings would be subject to City Council
approval. If the name is not rejected in a 30-day timeframe, the name would be accepted. The
starting date for this 30 day period is the day that the City is notified by the Foundation of the
prospective name.
In response to a question by Mayor pro tem Cavecche, City Manager John Sibley stated that the
Foundation would have the opportunity to consider those who have already made large
donations.
Mayor Murphy clarified that this action was to determine the $1 million naming opportunity for
the gymnasium/sports center which is the only building approved on the site thus far. He added
that after a mechanism for naming is in place, it can always be amended to include the future
buildings planned for the site.
Community Foundation President, Tim Paone, indicated that fundraising had been affected by
the lack of a naming program in place. He stated the Foundation would like the review period to
remain at 30 days.
Councilmember Ambriz asked how the City would handle the situation in which a donor, whose
name appears on a building, gets into legal trouble and/or is convicted of a felony.
City Attorney, David DeBerry indicated a good conduct clause could be added to the agreement.
Page 21
CITY COUNCIL MINUTES
December 13, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Murphy requested that the Foundation, Community Services staff and legal personnel
work together to address this issue. He suggested that the agreement simply state that if the
Council decided that the need arose for the name to be removed, the money would be returned
without debating the merits of the legal problem. He thanked the Community Foundation
members for their efforts and hard work at fundraising.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve agreement and authorize Mayor and City Clerk to execute.
FISCAL IMPACT: The fiscal impact is largely dependent on the success of this fundraising
effort, but no negative fiscal impact is anticipated as all administrative costs will be borne by the
Foundation. If successful, construction of the second phase could begin at an earlier date and
would relieve both the general fund and/or the park impact fee fund of the burden of having to
fund construction.
7.6 Affordable Housing Loan Agreement by and between the City of Orange, Orange
Redevelopment Agency and Hoover & Wilson I, LP regarding 218-228 West Hoover
Avenue and making certain findings. (TAPE 3470) (A2100.0 Agr-4820)
(Related ORA Item No. 7.5)
SUMMARY: Hoover & Wilson I, LP, which is a partnership of Orange Housing Development
Corporation (OHDC) and C+C Development, plans to acquire and rehabilitate a 20-unit
apartment complex located at 218-228 West Hoover Avenue. The total estimated cost of the
project is $4,460,605. Under the terms of the proposed Affordable Housing Loan Agreement,
the City will provide $1,782,004 in federal HOME funds and the Agency will provide
$2,043,578 Housing Set-Aside funds in the form of a 65-year loan. In return for the assistance,
the units would remain affordable to very low-income households for a 65-year period.
Discussion _ Senior Housing Manager, Rick Otto reported that this item addresses the
rehabilitation of older apartment buildings in at-risk neighborhoods. He reported that with this
project, the City has facilitated the acquisition and rehabilitation in excess of 500 apartments in
the City.
Mayor pro tem Cavecche asked whether tax credits were being used on this project; stated her
support for the rehabilitation program; and asked how this would affect RHNA credits.
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CITY COUNCIL MINUTES
December l3, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Mr. Otto indicated that no tax credits were being used for this project and added that this project
would not count toward RHNA numbers; however it will likely count as a Redevelopment
Agency Housing obligation, if the apartments are deemed substantially rehabilitated-25% of
the total cost ofthe project being rehab costs.
Councilmember Smith asked what the process is for relocation of current residents.
Mr. Otto responded that temporary relocation occurs while the units are being worked on. He
indicated that individuals are moved to other vacant units temporarily.
Councilmember Dumitru clarified the funding sources, and that it is the federal HOME funds
loan that is forgivable.
Eunice Bobert, Orange Housing Development (OHDC) highlighted that two of the buildings
being rehabilitated also front on Glassell Street and will add to the look of the area off of the
main street. He summarized that the project, upon completion, will provide fully-renovated 40
units with very low income restrictions. He indicated that the close of escrow will occur in
February and the construction will begin immediately thereafter. The timeline for completion of
each unit is projected at 45 to 60 days - the entire project will take approximately one year.
In response to questions from the Council, Mr. Bobert indicated that C & C Development does
95% of the rehabilitation work, adding that very few trades are performed by outside sub-
contractors, giving Orange businesses preference. He explained that C & C Development is
owned by Barry & Todd Cottle.
Mayor Murphy clarified that OHDC is very busy and needs C & C Development to partner with
in order to complete the project in a timely manner. He added his support for rehabilitation of
older complexes to provide for affordable housing.
RESOLUTION NO. 10051
A Resolution of the City Council of the City of Orange approving an Affordable Housing Loan
Agreement by and among the Orange Redevelopment Agency, the City of Orange, and Hoover &
Wilson I, LP, regarding 218-228 West Hoover Avenue and making certain findings.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
---
Page 23
CITY COUNCIL MINUTES
December 13, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Moved to:
1. Approve Resolution No.1 0051;
2. Transfer $2,043,578 from unappropriated reserves in the Orange Merged Housing Fund
(Fund 941) to Housing Loan Programs (Fund 913) and appropriate funds in the amount of
$2,043,578 to the Hoover Wilson II Loan project account (913-9800-485701-9221)
[Agency];
3. Transfer $877,786.91 from the following accounts to account 317-9660-485702-9221
(HOME _ Hoover Wilson II Conditional Grant/Loan) for the project. [City]:
. $114,814 from account 317-9660-485100-1210 (HOME Community Housing
Development Organization [CHDO] Funds);
. $608,147 from account 317-9660-485100-1250 (HOME Developer funds); and
. $154,825.91 from account 317-9660-485802-9205 (W. La Veta Senior Housing project)
[City].
4. Transfer $783,217.09 in Housing Grant Programs fund (Fund 317) from un-appropriated
reserves to account 317-9660-485702-9221 (HOME - Federal Home Program - Hoover
Wilson II Conditional Grant/Loan project account) for the project [City];
5. Transfer $121,000 in Housing Grant Programs fund (Fund 317) from unappropriated reserves
to account 317-9661-485702-9221 (HOME - HOME Program Income - Hoover Wilson II
Conditional Grant/Loan project account) [City].
FISCAL IMPACT: The total amount of Agency and City funds to be committed to the project
$3,825,582. The City will provide $1,782,004 in federal HOME funds, in which there exists an
uncommitted fund balance of approximately 2.2 million including funds that previously were
committed to projects that are completed and funds that will be received from the anticipated
sale of the Citrus site. The Agency will provide $2,043,578 Housing Set-Aside funds, which has
an unappropriated fund balance of approximately $9.3 million (pending City Council/Agency
Board approval of this item). There are no state or county housing funds available for this type
of acquisition / rehabilitation project.
TAPE 3500
7.7 Affordable Housing Loan Agreement by and between the Orange Redevelopment
Agency and Hoover & Wilson I, LP regarding 108-118 West Hoover Avenue and making
certain findings. (A2100.0 Agr-4821)
(Related ORA Item No. 7.6 - See Council Item 7.6 for Discussion)
SUMMARY: Hoover & Wilson I, LP, which is a partnership of Orange Housing Development
Corporation (OHDC) and C+C Development, plans to acquire and rehabilitate a 20-unit
apartment complex located at 108-118 West Hoover Avenue. The total estimated cost of the
project is $4,321,202. Under the terms of the proposed Affordable Housing Loan Agreement,
the Agency will provide $3,484,353 in Housing Set-Aside funds in the form of a 65-year loan.
In return for the assistance, the units would remain affordable to very low-income households for
a 6S-year period.
Page 24
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CITY COUNCIL MINUTES
December 13,2005
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 10050
A Resolution of the City Council of the City of Orange approving an Affordable Housing Loan
Agreement by and between the Orange Redevelopment Agency and Hoover & Wilson I, LP,
regarding 1 08-118 West Hoover Avenue, and making certain findings.
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
l. Adopt Resolution No.1 0050;
2. Transfer $3,484,353 from unappropriated reserves in the Orange Merged Housing Fund
(Fund 941) to Housing Loan Programs (Fund 913) and appropriate funds in the amount of
$3,484,353 to the Hoover Wilson I Loan project account (913-9800-485701-9220)
[Agency].
FISCAL IMPACT: The total amount of Agency funds to be committed to the project is
$3,484,353, which will be in the form of an Agency Housing Set-Aside Loan. The Housing Set-
Aside fund has an unappropriated fund balance of approximately $9.3 million (pending City
Council! Agency Board approval of this item). As a result of the proposed funding for the nearby
project at 218 and 228 West Hoover, HOME funds are not available for this project. There are
no state or county housing funds available for this type of acquisition / rehabilitation project.
7.8 Second Amendment to Parking Area Lease Agreement and Second Amendment to
Parking Area Sublease by and between Orange City Mills Limited Partnership (Mills) and
the City of Orange (City); Second Amendment to Restrictive Covenant and Declaration of
Covenants, Conditions, Restrictions and Easements by and between the Mills, the City and
the Orange Redevelopment Agency (Agency), related to the Reconfiguration of Public
Parking at The Block at Orange commercial and retail development. (A2100.0 Agr-2672)
(This item to be heard concurrently with Item No. 12.3. (See Item 12.3 for discussion)
SUMMARY: The proposed amendments are necessitated by a proposal by the Mills to modify
the additional improvements that were approved by the City Council on February 4, 2004 for
expansion of The Block at Orange. The modification of the proposed additional improvements
necessitates a reconfiguration of that portion of the parking lot that is (0 be reserved for public
parking by amendments to the Parking Area Lease Agreement, Parking Area Sublease and the
Restrictive Covenant and Declaration of Covenants, Conditions, Restrictions and Easements
(CC&R's). Moreover, the modification of the previously approved additional improvements
requires an amendment to the CC&R's.
Page 25
CITY COUNCIL MINUTES
December 13,2005
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
1) Approve the Second Amendment to Parking Area Lease Agreement by and between the City
and the Mills;
2) Approve the Second Amendment to Parking Area Sublease by and between the City and the
Mills;
3) Approve the Second Amendment to the Restrictive Covenant and Declaration of Covenants,
Conditions, Restrictions and Easements by and among the City, the Agency and the Mills;
and
4) Authorize the Mayor to execute, and the City Clerk to attest, those documents on behalf of
the City.
8. REPORTS FROM CITY MANAGER-- None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 16-05 (SECOND READING) (A2500.0 Ord-16-05)
An Ordinance of the City Council of the City of Orange amending Table 17.14.030 and Section
17.14.060 of the Orange Municipal Code to conditionally permit recreational vehicle storage
facilities in residential zones.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 16-05 be read by title only and same was approved and adopted by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY.
11. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY.
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CITY COUNCIL MINUTES
December 13, 2005
12. HEARINGS
12.1 A RESOLUTION OF NECESSITY TO CONDEMN PROPERTY LOCATED AT
2510-2620 EAST CHAPMAN AVENUE. (TAPE 2, 3700) (C2500.M.14)
Time set for a Noticed Hearing to consider a Resolution of Necessity. As part of its plan to
improve the intersection at Yorba Street and Chapman Avenue, the City will need to acquire
private property at the southeast corner of the intersection of Chapman A venue and Y orba Street.
Discussion - City Attorney, David DeBerry stated agreement has been reached with the property
owner.; but there is still an issue with the lender. However, the property owner had just notified
the City that there appears to be cooperation with the lender.
Councilmember Dumitru asked about the necessity for this action if full cooperation is close.
Mr. DeBerry indicated that the City needs possession of the property to begin construction.; and
explained the critical timing involved and the need to meet certain deadlines.
MA YOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
RESOLUTION NO. 10045
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 2510-2620 East Chapman Avenue and
authorizing the acquisition thereof.
Owner of Record: Pico Rusty Associates, LLC, a California Limited Liability Company
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche
NOES - Dumitru
Moved to approve Resolution No. 10045.
12.2 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; DESIGN REVIEW
4014-05; SUBSEQUENT MITIGATED NEGATIVE DECLARATION NO. 1753-05.
(C2500.Mo4.20)
The 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 upon property located at the
northwest corner of McPherson Road and Spring Street, adjacent to Grijalva Park was continued
from November 8. 2005.
-...
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CITY COUNCIL MINUTES
December 13, 2005
12. HEARINGS (Continued)
The proposal includes:
. A General Plan Amendment to re-designate the subject property from Low Medium Density
Residential and Open Space to Open Space-Park; and a General Plan Amendment to the
City's Circulation Element removing the Yorba Street extension from the Master Plan of
Streets and Highways as a special study street.
. A Zone Change to rezone the subject property from Sand and Gravel Extraction District and
Single Family Residential, Minimum 7,000 square foot lot size to Recreation Open Space.
. A Major Site Plan Review to develop a public park on vacant land and construction of
several public use structures with a square footage that exceeds 10,000 square feet.
. A Design Review of Phase I Construction of the gymnasium and support facilities.
Note: Mitigated Negative Declaration 1601-99 and Subsequent Mitigated Negative Declaration
1753-05 were prepared in compliance with CEQA.
Discussion _ Community Services Manager, Bonnie Hagan, provided a brief staff report.
Steve Lang, Purkiss Rose, gave a brief overview of the layout adding that one of the parking lots
will be built on the landfill.
Community Services Project Coordinator, Pamela Galera reported on the placement of the
gymnasium in relation to the existing homes - away from the high-pressure-jet fuel line; and the
flood plain.
In response to questions from Councilmember Smith regarding recogmtlOn of the Portola
expedition/campsite, Ms. Galera indicated that a marker is currently at Y orba Park; however, an
additional monument could be considered for placement near the gymnasium as well. Ms.
Hagan responded that a fountain is not currently in the plan, but can be included as a donor
option.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Stu Livingstone, member of the Community Foundation, spoke in support of the project.
Mark Conzelman, Wells Cargo Self-Storage, McPherson Street, spoke in support of the project,
but in opposition to the proposal to close Spring Street and submitted an alternative parking
solution.
Ray Tuohy, Manager, Wells Cargo Self-Storage, spoke on the economic impacts to the Wells
Cargo business from closing Spring Street; indicating that their alternative proposed parking lot
is in the area of the park that was originally established for a staging area for large events.
Council member Smith asked about the possibility ofrequiring mitigation ofa portion of property
north of the park currently overgrown and unmanaged.
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Dccember 13, 2005
12. HEARINGS (Continued)
Ms. Galera indicated that the condominium development adjacent to the property has the
responsibility to maintain the site according to the Fish and Game Commission.
In response to a question from Councilmembcr Smith, Tom Mahood, City Traffic Engineer
clarified that the Walnut Avenuc extension is not a part of the plan. He also clarified that Spring
Street was often used as a short cut and staff felt it unwise to allow a busy street to be in close
proximity to the park. He added that a right-turn lane is bcing constructed on Prospect at
Chapman which will help address the reason drivers use the shortcut. He concluded the safety
factor was the reason that staff concluded the nced to close the street.
MA YOR MURPHY CLOSED THE PUBLIC HEARING
Mayor Murphy expressed empathy for the Wells Cargo businessowner's concern, but felt that
not taking the measure to close Spring Street would cause an unsafe park environment.
Council Action:
RESOLUTION NO. 10036
A Resolution of the City Council of the City of Orange approving Subsequent Mitigated
Negative Declaration 1753-05, General Plan Amendment 2005-0001, Major Site Plan Review
402-05, and Design Review 4014-05, to accommodate the construction of a public park on
vacant property generally located at the northwest corner of McPherson Road and Spring Street
west of Grijalva Park and east of Santiago Creek (City Capital Improvement Project No. 0151,
Grijalva Park Extension Conceptual Master Plan).
Applicant: City of Orange
MOTION - Ambriz
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approvc Resolution No.1 0036.
ORDINANCE NO. 19-05 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the reclassification of
property generally located at the northwest corner of McPherson Road and Spring Street, west of
Grijalva Park and east of Santiago Creek, from SG (Sand and Gravel extraction District) and R-
1-7 (Single Family Residential) to RO (Recreation and Open Space)
Zone Change l233-0S; Applicant: City of Orange
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Movcd that Ordinance No. 19-05 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES
December 13, 2005
12. HEARINGS (Continued)
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to authorize City Manager to execute all documentation regarding regulatory permits.
NOTE: Councilmember Smith requested, for the record, that donor opportunities be allowed for
a fountain for this project; and staff is to investigate whether the mitigation measures are being
implemented on the property owned by the condominium association to the north of the project.
NOTE: Mayor pro tem Cavecche noted for the record that she would not be interested in a non-
traditional above-ground skate park at Grijalva Park.
12.3 MODIFICATIONS TO PREVIOUSLY APPROVED CONDITIONAL USE
PERMIT NO. 2461-03 AND MAJOR SITE PLAN REVIEW NO. 300-03. AND A
PROPOSED AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF ORANGE AND ORANGE CITY MILLS LIMITED
PARTNERSHIP FOR THE BLOCK AT ORANGE. (A2100.0 Agr-4818) (TAPE 4300)
(Related Council Item No. 7.8 and ORA Agenda Item No. 7.3 & 7.4)
Time set for public hearing of a proposal to modify previously approved entitlements for
residential and commercial developments over surface parking lots at The Block at Orange by
allowing the construction of a 403-unit condominium project and a parking structure of 1,722
parking spaces. The proposed modifications will be built in place of the previously approved
residential project consisting of 500 apartments and a 1,211 space parking structure. The
proposal does not include changes to previous approvals for two hotels, one containing 125
rooms and the other containing 175 rooms, and 120,000 square feet of new retail/restaurant area,
which are located to the east of the commercial center.
The applicant is also proposing to amend, restate and replace that certain Development
Agreement by and between the City of Orange and Orange City Mills Limited Partnership
(Mills), which was approved by the City Council by the adoption of Ordinance No. 04-04 on
February 24, 2004. the Development Agreement related to the expansion of The Block at
Orange with 120,000 square feet ofretail uses, two new hotels, three new parking structures and
500 apartment units. If adopted concurrently with the City Council's approval of modifications
to Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03, the proposed
Amended and Restated Development Agreement will enable the Mills to develop 403
condominium units and related parking in lieu of 500 apartment units, to reconfigure the number
of spaces and size of the three parking structures, to reorient one of the hotels, and to reconfigure
an entryway road from metropolitan Drive.
Note: An Addendum to Final Environmental Impact Report No. 1721-03 was prepared in
compliance with CEQA.
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12. HEARINGS (Continued)
Discussion - Councilmember Dumitru discussed the need for more time to review the
information on the Mills proposal, as much of the information was submitted just recently.
MOTION - Dumitru
SECOND - Ambriz
Moved to continue all items relating to the Mills proposal to give the Council more opportunity
to review the infornlation.
Council discussed various alternatives to hearing this matter.
Elizabeth Link, representing the Applicant, stated that any continuance would result in a long
delay in this project.
Councilmember Dumitru stated he would withdraw his motion and agree to hear this item, but
had numerous questions on the proposal.
MOTION WITHDRAWN
(TAPE 4969)
Discussion - Community Development Director, Alice Angus gave the staff report with history
of the project over the past years indicating that the parking structure, originally planned to
accommodate l200 spaces, now consists of 1,722 spaces. She stated that a key component of the
redesign is that Equity Office Properties (EOP) and The Mills have come to agreement as to the
best layout of this portion of the property that will benefit both companies.. She stated that the
larger parking structure replaces parking that would be lost to the realignment of Metropolitan
Drive and to clear the area for the condominium project. There will be parking provided with the
development of the condominium to both cover the need associated with the residents plus 300
additional spaces to support future commercial expansion. She stated that the applicant would be
back before the City for the Precise Design Plan approval, condominium map approval, as well
as the shared parking agreement which is scheduled to be heard by the Planning Commission in
February, 2006.
Mayor pro tem Cavecche asked for details of the parking-how many spaces exist and how
many are planned.
Ms. Angus referenced an analysis done in 2003 which studied parking usage by the hour. She
listed the numbers, spelling out the location and type of parking. She reiterated that EOP and
The Mills have reached an agreement for shared parking at the tower, north of the site and to the
west. She stated that a mitigation measure, as part of the addendum to the EIR performed in
2003, identified the need to capture 875 additional parking spaces offsite prior to further
development of the site.
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CITY COUNCIL MINUTES
December 13, 2005
12. HEARINGS (Continued)
In response to a question from Mayor pro tem Cavecche, City Attorney David DeBerry
confirmed that the City can require the offsite parking area be used by man employees if the
applicant agrees to the condition. Ms. Angus added that the remote lot is intended for employee
parking and added that the valet parking shall cease at the end ofthe year until formal approval is
obtained.
Council discussed details of the parking structure. Ms. Angus indicated that with each phase of
the project a balance sheet is prepared showing the available parking, adding that the total
parking needs would be accommodated by capturing parking in the off-site areas; and that the
condominium parking spaces are not included in the man parking numbers.
In response to a question from Councilmember Dumitru, Ms. Angus indicated that mall patrons
usage of the additional 300 parking spaces closest to the residences can be assured through the
CC&R's.
Ms. Angus stated that shared parking is the best utilization of land not being developed for
residential or landscaping purposes. She indicated that the plans before Council identify that the
parking not spill over and addresses the need to legalize the arrangement for the shared parking.
Mayor Murphy clarified that the action being considered by Council addresses the parking
structure; the change from apartments to condominiums; and the plans for future development.
Elizabeth Link, representing the Applicant, stated Mins' awareness of the parking problems. She
introduced Carrie Najemnick, General Manager of The Block, who listed seven areas that have
been addressed to upgrade security issues raised in the past. Ms. Link added that shuttles would
be running continuously to each parking area and the mall. She indicated that parking to the
south of the man is appropriate for valet and employee parking. She further stated that
construction of the retail was not possible without construction of the parking structure to ensure
code requirements are met.
Councilmember Dumitru asked if the Disposition and Development Agreement (DDA) could be
reopened with regard to the $400,000 parking subsidy if the need arose to adjust or eliminate it.
City Attorney, David DeBerry responded that if the parties jointly agreed to changes to the DDA
,there would be a potential to open up any other provisions.
Ms. Link indicated that the Mills and Equity Office Properties intend to finalize the shared
parking agreement by December 31. She added that the analysis of conditions for the agreement
was based on an the proposed retail being approved. She reviewed the for-sale aspect of the
condominiums vs. apartment rentals and the architecture of the project as enhancing the product
as a whole. She stated that the live, work and play lifestyle is being addressed by this project and
that this project encompasses long-range planning.
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December l3, 2005
12. HEARINGS (Continued)
In response to questions from Council member Dumitru, Ms. Link indicated that the existing
automobile detailing business and valet parking currently operating on site will adhere to the
conditions placed on their operation by Council and will not occur on any of the area leased by
the Redevelopment Agency (ORA). She added that currently The Block is an entertainment
center and is not generating the sales taxes originally anticipated, but the plan is to attract tenants
selling goods rather than food or entertainment. She further stated that lOO% of the sales taxes
associated with the expanded improvements will go to the ORA and City.
In response to questions from Council, Economic Development Director Jim Reichert stated that
payments on the parking lot lease are averaging approximately $400,000 per year, and that the
lease began in 1999 for a period of 12 years. He indicated that the payments from the City to
Mills have been $2.5 million for the first six years, and arc currently estimated to fall short of the
projected $6.3 million value after 12 years.
Mayor pro tem Cavecche indicated the changes to The Block have been successful and the
taxpayers will receive the benefit of the new taxes above and beyond the original deal brokered
in the past.
Ms. Link addressed a question from Councilmember Smith indicating that the purchase price of
the condominiums will be in the range of $600,000 and will be purchased by those interested in a
live, work and play environment. She indicated that urban residential projects have become
popular in the U.S. and that the mix of youth and adults is expected to work.
MAYOR MURPHY OPENED THE PUBLIC HEARING _
Tom Grochow, Chairman, Chamber of Commerce spoke in favor of the project.
Sister Mary Therese Sweeney, Address on file, questioned how the project will address the
affordable housing needs in Orange.
MAYOR MURPHY CLOSED THE PUBLIC HEARING _
City Attorney, David DeBerry indicated that the action by Council would entitle the developers
to build the units, subject to further approvals.
Community Development Director Alice Angus clarified that future approvals will be needed for
the shared parking agreement, making up the deficit of parking spaces, condominium map,
detailed site plan, and elevations; that this approval is at a conditional use permit level. She
added that these conditions of the project will come back to the Plalming Commission and that
any changes that affect the parking lease agreement will require the project to come back to
Council as well.
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CITY COUNCIL MINUTES
December 13, 2005
12. HEARINGS (Continued)
Councilmember Dumitru stated his opinion that the affordable housing in-lieu fees were very
low, referencing other projects Council is considering, as well as the amount charged by other
cities in the county.
Mayor Murphy stated that a policy had not been set by Council for in-lieu fees, but up to this
point done on a case-by-case basis. He further stated that part of the in-lieu fee can be recouped
from the proposed development in the future.
Ms. Link stated that the Mills is agreeing to 15% affordability up front for any other residential
projects that may be proposed on the site, of which 40% will be for very low income. She
concluded by stating that the incentives that have been offered have ensured a successful project
and cooperation with Equity Office.
In response to Councilmember Ambriz' statement, Ms. Link clarified the financing of the project
and that there is no possibility of renegotiating the parking lease agreement, adding that the in-
lieu fee is a difficult financial deal for her company.
Mayor pro tem Cavecche stated her desire for more security cameras to be installed in the
parking lot. She also stated that she preferred police officers be assigned to the streets rather
than at The Block.
In response to questions from Council, Chief Gustafson explained how security cameras aid with
crime prevention and prosecution, but even with the cameras, his preference is to have some
level of police presence. He added that common practice in a shopping center is to double what
is required by code; and stated that working with The Block security staff has been a good
cooperative effort.
In response to a question from Councilmember Dumitru, City Manger, John Sibley stated that
the substation at The Block is provided at no cost to the City. The Chief added there is 7-day
per week coverage, but the hours and staffing varies.
Mayor Murphy reviewed the history of the site, noting that when The Block was originally
developed, all parties involved assumed risk and benefits. With this proposal, additional
benefits will go directly to the City rather than being shared as in the original agreement. He
spoke on the merits of the project, including the addition of ownership units rather than
apartments and more parking. He suggested additional language to the agreement for security
cameras, to be reviewed by the Police Chief and City Manager; and a cost-sharing proposal to
offset public safety costs.
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CITY COUNCIL MINUTES
December 13, 2005
12. HEARINGS (Continued)
Mayor pro tem Cavecche expressed her support for condominiums rather than apartments. She
suggested that the City be involved in the City of Anaheim's planning decisions for what is
occurring on the other side of the 5 Freeway. She expressed concern with the police costs,
supporting the additional language to add cameras. She concluded that the additional property
tax money coming to the City will be a great benefit.
Councilmember Smith indicated her agreement with the previous comments and added her
support for the security cost sharing, lighting and cameras; and spoke on the benefits of a valet
parking operation.
Councilmember Dumitru stated his concern over the un-permitted valet parking activity
occurring on city-leased land. He agreed with the proposed lighting increase proposed by the
Chief. He commented on the $400,000 parking subsidy being open for negotiation with
consideration of amending the DDA.
Council Action:
ORDINANCE NO. 17-05 (FIRST READING)
An Ordinance of the City Council of the City Of Orange approving an Amended and Restated
Development Agreement by and between the City Of Orange and Orange City Mills Limited
Partnership, A Delaware Limited Partnership, for modification of previously approved expansion
uses for The Block At Orange on property generally located west of The City Drive between
Chapman Avenue and Metropolitan Drive.
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 17-05 be read by title only and same was set for second reading by
the preceding vote; and direct City Attorney to negotiate final agreement language agreeable to
both parties for the following: addition of cameras for parking lots and observation, subject to
approval of City Manager and Police Chief; lighting explored as part of comprehensive
solution-consider raising lumens; shared police services costs.
RESOLUTION NO. 10048
A Resolution of the City Council of the City of Orange approving the Addendum to Final
Environmental Impact Report No. 1721-03 and a Modification to approved Conditional Use
Permit No. 2461-03 to allow 403 condominium units at The Block at Orange commercial/retail
center on property generally located West of the City Drive between Chapman Avenue and
Metropolitan Drive.
MOTION - Ambriz
SECOND - Caveeche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10048.
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CITY COUNCIL MINUTES
December 13, 2005
12. HEARINGS (Continued)
RESOLUTION NO. 10049
A Resolution of the City Council of the City of Orange approving the Addendum to Final
Environmental Impact Report No. 1721-03 and a Modification to approved Major Site Plan
Review 300-03 to allow the construction of a 1,722 space parking structure at the Block at
Orange commercial/retail center on Property generally located west of The City Drive between
Chapman Avenue and Metropolitan Drive.
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10049.
1204 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF ORANGE AND CA-THE CITY LIMITED PARTNERSHIP FOR
FUTURE OFFICE DEVELOPMENT ADJACENT TO THE CITY PLAZA AND THE 605
BUILDING OFFICE BUILDING, WHICH ARE LOCATED NORTH OF
METROPOLITAN DRIVE AND EAST OF LEWIS STREET. (A2100.0 Agr-4545.1)
(Related ORA Item No. 7.2)
Time set for public hearing of a proposal by CA- The City Limited Partnership (herein referred to
interchangeably as Equity Office Properties or EOP) requesting that the City amend that certain
Development Agreement by and between the City and EOP, which was approved by the City
Council by the adoption of Ordinance No. 19-04 on September 28,2004 and had the effect of
granting EOP a vested right during a 10- and potentially l5-year period to develop (i) a 19-story,
360,000 square foot office building and a 6-level, 2,720-space parking structure at the City Plaza
Two Site, and (ii) a 10-story, 200,000 square foot office building and a 5-level, 1,528-space
parking structure at the 605 Building Site. If adopted, the proposed First Amendment to
Development Agreement will enable EOP to extend the time by which certain Public Benefit
Fees might be paid to the City.
Note: Addendum to Final Environmental Impact Report No. 1612-01 was prepared in
compliance with CEQA.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Susan Sagy, Vice-President of Development, Equity Office Properties, stated that great progress
has been made with The Mills; asking that they be given until January 30, 2006 to finalize all
details of the agreement.
Elizabeth Link, The Mills, spoke in favor of the request.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
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December 13,2005
12. HEARINGS (Continued)
Council Action:
ORDINANCE NO. 20-05 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving a First Amendment to
Development Agreement by and between the City of Orange and CA-The City Limited
Partnership for development projects on the City Plaza Two Site and the 605 Building Site,
which are located north of Metropolitan Drive and east of Lewis Street (605 S. Lewis Street and
One City Blvd. west).
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 20-05 be read by title only and same was set for second reading by
the previous vote.
13. RECESS TO CLOSED SESSION
NOTE: The Council did not recess.
The City Council will recess to a Closed Session for the following purposes:
a. Public employee appointment pursuant to Government Code Section 54957.
Title: Community Services Director
b. 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.
14. ADJOURNMENT
The City Council adjourned at 11: 10 p.m. in memory of Elsie Eckhoff Porter, member of one of
Orange's pioneering families. The Regular City Council meeting of December 27,2005 will be
cancelled. The next regular City Council meeting will be January 10,2006.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of December l3, 2005 at Orange Civic Center kiosk, Police facility at 1107 North Batavia,
Shaffer Park; all of said locations being in the City of Orange and freely accessible to members of the
public at least 72 hours before commencement of said regular meeting; and available at the Civic Center
City Clerk's Office.
c-::.'/
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CiTY CLERK- J
t..t/tI-
HY
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