3/11/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MARCH 25, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 11,2008
The City Council of the City of Orange, California convened on 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 Rev. Stan Vandenberg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Junior Girl Scout Troop 2027
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation recognizing Junior Girl Scout Troop 2027, recipients of the Bronze
Award.
Presentation of the MADD Deuce Awards.
Presentation recognizing the Community Services Special Events and Program
sponsors.
2. PUBLIC COMMENTS
Joanne Coontz - spoke on an Orange county proposal for the Theo Lacy Jail.
Lois Barke - spoke on an Orange County proposal for the Theo Lacy Jail.
CITY COUNCIL MINUTES
March ll, 2008
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one
motion approving the recommended action listed on the Agenda. Any member of the
City Council, staff or the public may request an item be removed from the Consent
Calendar for discussion or separate action. Unless otherwise specified in the request to
remove an item from the Consent Calendar, all items removed shall be considered
immediately following action on the remaining items on the Consent Calendar.
3.1 Request Council Confirmation of warrant registers dated February 14 and 21, 2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting dated February 26,
2008. (C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Agreement with the Regents of the University of California, School of Public
Health UC Berkeley for the Click It Or Ticket Program for Local Law
Enforcement Agencies. (A2100.0 Agr-5052.A)
SUMMARY: The Regents of the University of California, School of Public Health UC
Berkeley, with primary funding from the California Office of Traffic Safety has
authorized a reimbursable grant award in an amount not-to-exceed $15,000 for
overtime costs for the Click It Or Ticket project. The goal of the project is to increase
seat belt use statewide to 95.7% by July 31, 2008. Through the combined efforts of
state and local law enforcement, a seat belt enforcement campaign will be conducted
during a three-week mobilization period (May 12 through June 1) in support of the
National Click It Or Ticket mobilization. Funds provided by this grant will be used to
cover overtime costs associated with seat belt enforcement activities during the three-
week grant period.
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3. CONSENT CALENDAR (Continued)
ACTION: 1) Approved agreement with the Regents of the University of California,
School of Public Health UC Berkeley for the Click It Or Ticket Program for Local Law
Enforcement Agencies and authorized the City Manager to execute the agreement on
behalf of the City; and
2) Appropriated $15,000 from the General Fund, into the Traffic Program for the grant
as follows:
1 00-4041-4l21 0 1-2248
1 00-4041-4121 02- 2248
Overtime- Safety
Overtime-Non safety
$14,300
$ 700
FISCAL IMP ACT: The City of Orange was approved for a reimbursable grant award
in the amount of $15,000 through the California Click It Or Ticket Program funds;
there will be no fiscal impact to the General Fund. After appropriation, funds will be
available in the Traffic Program budget.
APPROPRIATIONS
3.5 Appropriation of revenue for Fiscal Year 2007-2008 special events and programs.
(C2500.N)
SUMMARY: Appropriation of sponsorships and donations for the purchase of
supplies, equipment and entertainment for Fiscal Year 2007-2008 annual special events
and programs.
ACTION: Appropriated sponsorships and donations in the amount of $38,332 from
the following accounts:
100-7001-293900-19050 (Concerts in the Park)
100-7001-293900 (General Donations)
TOTAL:
$ 5,822
$32.510
$38,332
to the following accounts:
100-7015-423500 (Other Rentals and Leases)
100-7015-426600 (Publicity and Advertising)
100-7015-426700 (Professional Services)
100-7015-427800 (Other Contractual Services)
100-7015-443800 (Other Recreational Supplies)
100-7041-443800 (Other Recreational Supplies)
TOTAL:
$12,500
$ 5,200
$ 1,000
$12,000
$ 6,032
$ 1.600
$38,332
FISCAL IMP ACT: Upon appropriation, funds will be available to cover the costs of
annual special events.
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3. CONSENT CALENDAR (Continued)
BIDS
3.6 Project No. SP 3644; Approval of plans and specifications and request
authorization to advertise for bids for installation of a new aboveground 1,000-
gallon diesel fuel tank at Fire Station No.8. (C2500.M)
SUMMARY: Plans and specifications have been completed for installation of a new
aboveground 1,000-gallon diesel fuel tank at Fire Station No.8. The project is ready to
be advertised for bids. The estimated construction cost is $140,000 including
contingencies and administration.
ACTION: Approved plans and specifications and authorize advertising for bids for
installation of a new aboveground 1,000-gallon diesel fuel tank at Fire Station No.8.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
594-3011-481200-2681 Fire Station No.8 $
25,894.00 500-3011-481200-2681 Fire Station No.8
$ 282,526.00
3.7 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. State Farm Insurance - subrogee of Matthew Dickason
b. Nathan Young
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.8 Contract Change Order No.1 for Bid No. 067-47; Water Plant Public Counter
Security Improvements. (A2100.0 Agr-5124)
SUMMARY: In August of 2007, the City of Orange entered into a contract with Arnaz
Engineering Contractor to construct the Water Plant Public Counter Security
Improvements. During construction additional unforeseen work was needed to bring
the building into current code conformance. The contractor is requesting additional
compensation for extra time, labor, and materials in the amount of $55,880.00, to cover
the additional work.
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3. CONSENT CALENDAR (Continued)
ACTION: 1) Transferred $55,880.00 from Account 601-8041-481102-8935 (Water Plant
Warehouse Replacement) to Account 601-8011-481200-8212 (Water Plant Public
Counter Security Improvements); and 2) Approved Contract Change Order No.1 in the
amount of $55,880.00 to Arnaz Engineering Contractors, Inc. for the additional work.
FISCAL IMP ACT: After transfer, funds will be available to cover the cost of the
contract as follows:
601-8011-481200-8212 Water Plant Public Counter Security Imp. $55,880
FACILITIES
3.9 Request to open and use the Orange Public Library and History Center for a City
of Orange Public Library Foundation fundraising gala on Sunday, June 22, 2008,
and to allow consumption of alcoholic beverages during that event. (C2500.I)
SUMMARY: The City of Orange Public Library Foundation (OPLF), a non-profit
library support group, seeks Council authorization to use the new Orange Public
Library and History Center from 4-8 p.m. Sunday, June 22, 2008, for a fundraising gala
called A Step Back in Time. This event will honor library donors, celebrate the new
building and its local history holdings in particular, and kick off OPLF's annual fund
and other new fundraising activities.
ACTION: Approved request by OPLF to allow its use of the Orange Public Library
and History Center from 4-8 p.m. Sunday, June 22, 2008, for a library fundraising gala,
including consumption of alcoholic beverages.
FISCAL IMP ACT: None. OPLF is obtaining private underwriting and charging
attendees to sponsor the event. The only two indirect fiscal impacts are the use of a few
Library staff members during the event and the cost of several hours' electrical power
usage at the Orange Public Library and History Center.
PURCHASE
3.10 Purchase of 20 MOBILEVU displays, keyboards, and power cables from L3
Communications, Inc. along with the purchase of 20 mobile data units from
Raytheon. (C2500.K)
SUMMARY: The Police Department has been reviewing various manufacturers'
mobile data units along with LCD displays for the past three years. After much testing,
the preferred vendors are L3 Communications and Raytheon. Their products meet the
minimum standards as set forth by the International Association of Chiefs of Police
(IACP) and the State of California Board of Corrections (BOC) for data evidence
storage.
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3. CONSENT CALENDAR (Continued)
ACTION: l) Approved the purchase of 20 MOBILEVU displays, keyboards, and
power cables from L3 Communications, Inc. in the amount of $81,853; and 2)
Approved the purchase of 20 mobile data units from Raytheon in the amount of
$86,168.
FISCAL IMP ACT: Funds are available in the following accounts for the purchases:
575-4011-481301-2220 800 MHz Fund-CIP-Police In-car Camera System $143,530
355-401l-481301-2220 Asset Forfeiture-CIP-Police In-car Camera System $653,544
QUITCLAIM
3.11 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 2440 E.
Walnut Avenue. (D4000.0)
SUMMARY: This S.A.V.I. easement has been abandoned for many years and has
been offered to the property owners for their private use.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to
Victoria Lynne Francis, for the S.A.V.I. easement located at 2440 E. Walnut Avenue.
FISCAL IMPACT: None
RESOLUTIONS
3.12 RESOLUTION NO. 10270 (ORI800.0.8.1)
A Resolution of the City Council of the City of Orange expressing appreciation to Jon
Califf of the Design Review Committee for over five years of dedicated service.
ACTION: Approved.
3.13 RESOLUTION NO. 10271 (ORI800.0.8.1)
A Resolution of the City Council of the City of Orange expressing appreCiatIOn to
Donnie DeWees of the Design Review Committee for over four years of dedicated
servIce.
ACTION: Approved.
MOTION - Bilodeau
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Item 3.9 was removed and heard separately. Councilmember Murphy abstained on
Item 3.10. All items on the consent Calendar were approved as recommended.
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4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER
MOTION
SECOND
AYES
- Murphy
- Dumitru
- Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that there is an immediate need to take action on an item regarding the Theo Lacy Jail
matter, and the need to take that action arose after the posting of the Agenda.
Discussion
City Manager John Sibley addressed the earlier public comments, also the action of the County
of Orange and concerns expressed by City Council. He attended the County Board of
Supervisors meeting the morning of March 11th regarding the agenda item titled "AB900 for
Musick Expansion" and provide a brief history on the City of Orange's involvement. He
indicated the City of Orange has a settlement agreement with the County of Orange on Theo
Lacy signed in 1995
Mr. Sibley reported he was initially contacted by Supervisor Bill Campbell's office to meet
with the Orange County Sheriffs staff. The meeting was held February 28th. (Mr. Sibley later
clarified, for the record, that the date of the meeting with the County was February 21, but the
urgency of the matter was not realized at that time, and there was no indication what the timing
would be to proceed. It was on February 28 that he received notice from the County that
something was being done and he put in a demand for copies of all reports and agenda items.)
The current proposal by the County is to apply for the AB900 grant under the Public Safety
and Rehabilitation Act. The County receives points for additions to their program; one item
being the re-entry program, which is the placement of State inmates in local facilities for
rehabilitation, computer training and anger management. The County's plan is to place those
292 State inmates in Theo Lacy jail. Councilmember Bilodeau also attended the Board
meeting, and expressed some of the City's concerns. Mr. Sibley did speak to the Board saying
that he did not have a Council position on this because Council has not had the opportunity to
meet on the subject yet. He informed the Board that Council would be meeting in Closed
Session at the March II th Council meeting and would inform the Board of Council's direction.
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8. REPORTS FROM CITY MANAGER (Continued)
Another big issue is the question of who will run the program. The County stated the Sheriff
s Department would run the program, but in reading AB900, it states that the State would run
it. The Sheriffs Department did express the desire to work with the City, however there are a
lot of unresolved issues and questions. The Board indicated they wanted communication
between the City and Sheriff s Department, but there is a deadline for the grant and action had
to be taken in order to perfect the application and move forward.
Mayor Cavecche noted the City Attorney has drafted a letter to the County stating that City
approval for this is a necessity and that the City's approval is required.
Mayor pro tem Jon Dumitru wanted to ensure that the entire City Council was kept informed of
issues such as this; suggesting perhaps a Council ad hoc committee. He stated that putting
292 professional criminals into the City of Orange is dangerous; and stressed the importance of
communication on this matter.
Mayor pro tern Dumitru asked Acting Orange County Sheriff Jack Anderson regarding the
transfer of inmates, and why they had chosen Theo Lacy facility in Orange which is a facility
that really doesn't have room to grow; and if State prisoners would be able to come and go
under a work program.
Sheriff Anderson answered the County is trying to be successful in applying for the grant by
seeking the maximum amount for jail construction, which would occur at the Musick facility.
The State is moving quickly to get the re-entry program implemented. Orange County already
has a re-entry program implemented and has been running it for years. Theo Lacy has a
configuration of barracks to provide 292 beds to the State more quickly, which is looked at
more favorably on the grant application and also allows the County to use existing facilities.
He also reported that none of the prisoners would be under a work furlough program.
Prisoners would be at Theo Lacy until their release date. Also, no maximum-security inmates
would be received at Theo Lacy.
Mayor pro tern Dumitru asked about the constraints of the existing settlement agreement with
the County. He stated that changes cannot just be made and this is a change in the type of
prisoner; and although there are some State prisoners currently, they come in for a trial or as a
witness, but they should not be brought in to stay. Usually, a state prisoner will stay at the
County facility for up to a year, but once convicted they are moved out to a larger prison. He
also noted that the County staff report states that 47% of the prisoners re-violate within the first
year.
Sheriff Anderson answered that the County wants to continue working with the City, and see
what the City's concerns are as this plan progresses; but the County needs to move forward
quickly. He noted that the rehabilitation of the prisoners is a good program and without it,
prisoners will commit crime within a short period of time after release.
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8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Murphy asked Sheriff Anderson about the 292 vacancies, whether they are
vacancies that have not been used or an additional 292 in excess of the agreement. Sheriff
Anderson answered that the County has already been working with the State and currently
there are 300 inmates in the jail system that are waiting to go to State prison. The State needs
to corne up with a way to move these inmates quicker to a State prison, so as to free up beds.
There are also plans to expand the work program to the low level offenders, such as drunk
drivers, who are usually seen working in the Flood Control Channels, around County facilities
and along the freeways. These offenders are made to work during the day, but they do return
to their homes at night. The inmate counts will not go up - it will stay exactly as it is.
Councilmember Murphy asked about the process of this application, how it had come about
and how long had it been in process prior to when the Board of Supervisors voted on it.
Sheriff Anderson said that he had been made aware of it approximately five weeks earlier
when he took over as Acting Sheriff. County staff has also contacted the City of Orange, City
of Lake Forest and City of Irvine briefing those cities on how this is moving. The State has
made a few changes from what the plan was initially - the State wants to own the land, own
the building and have State employees running it.
Councilmember Murphy stated that he has a problem with the City having an agreement in
place, and then the City is given a week's notice on this issue. He wants to make sure that the
integrity and intent of that agreement is maintained at the highest level. He realizes the
agreement has been in place for 13 years, but he is going to hold the County to that agreement.
Mayor Cavecche added that the City is not getting a lot of information from the Sheriff s
Office stipulating that the County will hold to that agreement. The City has been very firm on
their stand ever since the first meeting, which happened very quickly. The City had a lot of
questions, but did not get a lot of answers from Sheriff s staff, and still did not get any input
until the County agenda came out. Even after the agenda came out, no answers were received
The City has gone on record as saying that the agreement needs to be held and that the City
needs to give approval for any changes at Theo Lacy; but the City is not getting any word back
from the County that there is any understanding of that. Not speaking for the rest of the
Council, but she did not foresee the Council agreeing to the changes.
Sheriff Anderson, addressing a question from Councilmember Bilodeau regarding the high cost
of the expansion at the Musick Jail and why this plan was not incorporated into the expansion
at that jail, answered that the County is in the middle with cities suggesting that other cities
should take the program. Feasibility studies support this facility being in Orange. The County
is looking for the best solution to be competitive in the grant process, and the Theo Lacy
concept is conducive to what is currently done there, and allows the County to reach it's goal
to quickly initiate re-entry programs.
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8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Bilodeau inquired about the past litigation between Irvine and the County and
if the settlement prohibited the County from having a re-entry program at the Musick Jail.
Sheriff Anderson did not know the answer.
Councilmember Bilodeau also asked about the procedure when an inmate is released from
Theo Lacy.
Sheriff Anderson answered that maximum-security inmates, who are housed at Theo Lacy, are
transported to Santa Ana to the intake release center and released. Medium security inmates
are released in Orange. The inmates receive bus passes, are allowed to call family and friends
to pick them up, and also have access to taxis. Buses are available for transportation to Santa
Ana if that's where the inmate wants to go.
The City Manager pointed out that in speaking to the City Manager of Lake Forest, Lake
Forest was opposed to a re-entry facility. Lake Forest is willing to work with the County for
the expansion of Musick for County inmates, but is opposed to a State facility in Lake Forest.
This may be why the City of Orange is the fallback for the 292-inmate re-entry program. Mr.
Sibley also pointed out that when this was first heard about, the number was 500 inmates for
the re-entry program and it has since dropped to 292.
In response to questions from Councilmember Smith, Sheriff Anderson confirmed that he was
aware that there was a Theo Lacy agreement when he took over as Acting Sheriff.
Councilmember Smith also expressed angst of not being informed or even included in the loop
of conversation especially since this is the city where the County facility is located. It would
seem the obvious first place to corne to communicate the message - the opportunity, the risks
and the benefits. She expects nothing less than full information and the opportunity to work
with the Sheriff s Department on this issue. She understands very well the deadlines for grants
and asked about the standing of the March 18th date that everyone is rushing towards.
Sheriff Anderson verified that March 18th was the due date for the grant application and the
application has to be in on time or it won't be accepted. The Sheriff s Office met with
Supervisor Campbell as quickly as possible and also knew they needed to meet with the City as
soon as possible. It was never the Sheriff s intent to wait until the last minute.
Councilmember Smith asked if the grant money was tied to the re-entry program.
Sheriff Anderson answered that the grant money is specifically for jail construction and that it
will be applied to the Musick Jail.
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8. REPORTS FROM CITY MANAGER (Continued)
The Mayor asked for comments from State Assemblyman Todd Spitzer.
Assemblyman Todd Spitzer spoke about a new State program called Summary Parole, and of
the Governor's budget proposal to release 30,000 inmates as part of dealing with the budget
crisis in the State of California. He noted that the inmates that the Department of Corrections
wants to potentially house in Theo Lacy originally came from Orange County, and the plan is
to return them here.
Assemblyman Spitzer submitted an article he wrote about prisoner rehabilitation as opposed to
release. There is a change in the way incarceration is being dealt with in the State of
California. The City of Orange and other cities in California are being asked to house inmates
who are in their last 20 months of incarceration, and to give them intensive services and work
skills before their release. The cities of Stockton and San Francisco have already agreed to
this. He suggested it is much better to treat these people who have been pre-identified as
eligible for this program and deal with them while incarcerated as opposed to just letting them
back on the street without any services or intervention whatsoever.
Assemblyman Spitzer further reported that there is not an agreement, as yet, with the
Department of Corrections regarding staffing of the County facility. The California
Correctional Peace Officers Association (CCPOA) may insist that they staff all of these
facilities; but County Supervisor Campbell has stated the County should be staffing the facility.
He noted he had a meeting with former Sheriff Corona in August of last year to get
information on what was going to be done, and at that time, it was his understanding that the
facility would be housed at Musick, and was surprised at the shift to Theo Lacy. He
apologized for the way it was agendized and for the fact that the City has not received the kind
of information that it deserves.
Assemblyman Spitzer spoke further about the re-entry program. If the State budget prevails
and inmates are released, they will have missed an opportunity at Theo Lacy, or some other
institution, and be out on the streets without having any intervention whatsoever. He asked
that the City continue working with the Sheriff s Department and look at the re-entry program,
which is better than the alternative of inmates released without any intervention.
Mayor Cavecche announced that this was going to be agendized under Closed Session; and
hoped that everyone now understood that the City has been operating in a vacuum on this
Issue.
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9. LEGAL AFFAIRS
9.1 RESOLUTION NO. 10272 (A4000.0 APP-0524-07)
A Resolution of the City Council of the City of Orange denying Appeal No. 0524-07
upholding the Planning Commission Denial of Conditional Use Permit No. 2618-06 to allow a
dance school, Conditional Use Permit No. 2635-07 to allow a banquet hall with a dance floor
as an accessory use, and Variance No. 2l84-07 for a reduction in the required parking for the
banquet hall use, in an existing commercial building upon property located at 347 East Grove
Avenue.
Appellants: Alvin and Grace Henson (Dance Partner)
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. l0272.
10. PUBLIC HEARINGS
10.1 ARCHSTONE GATEWAY - TENTATIVE TRACT MAP NO. 17141 AND
RELATED AMENDMENTS TO THE ARCHSTONE GATEWAY SPECIFIC PLAN.
(T4000.0 TTM-I7141)
Time set for public hearing to consider a proposal to amend the text of the approved Archstone
Gateway Specific Plan to allow the development of 532 apartment (rental) or condominium
(ownership) units, in association with the larger 884 residential unit development, bisected by
the City of Orange and Anaheim border. Accordingly, the applicant is also requesting
approval of a Tentative Tract Map for condominium purposes. The property is located at 291
State College Boulevard.
NOTE: Councilmember Bilodeau recused himself from discussion on this item due to a
potential conflict of interest with his employment; and left the dais.
Alice Angus, Community Development Director, reported on the project, noting that there is a
legal process for any condominium conversion.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
Cynthia Eppeldauer, Archstone Communities, reported they have not determined if the units
will be apartments or condominiums, due to current market conditions; but will make that
determination within two years; and could possibly do this building by building.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
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10. PUBLIC HEARINGS (Continued)
Council Action
ORDINANCE NO. 1-08 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the amended Archstone
Gateway Specific Plan.
Applicant: Archstone Communities
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
ABSTAIN (RECUSED) - Bilodeau
RESOLUTION NO. 10265
A Resolution of the City Council of the City of Orange approving Tentative Tract Map No.
17141 and the addendum to approved Final Environmental Impact Report (FEIR) No. 1707-02
to allow a change to 532 condominium units from 532 apartment units on 12.37 acres of land,
at 291 State College Boulevard as part of a larger 884-unit development bisected by the
Orange-Anaheim city limit.
Applicant: Archstone Communities
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
ABSTAIN (RECUSED) - Bilodeau
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
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12. RECESS TO CLOSED SESSION
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that there is an immediate need to take action; and the need to take that action arose
after the posting of the Agenda on the following two matters:
l. Conference with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9(a):
Frank Gutierrez v. City of Orange, United States District Court Case No. SACV06-760 CJC
2. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code
Section 54956.9(a): One Potential Case
The City Council recessed at 6:05 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham / Personnel Manager Mike Harary
Employee Organizations: Fire Management, Fire Union and Top Management
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):
1) Gary T. Blankenhorn v. City of Orange, et al., United States District Court Case No.
SACV02-1160 GLT (MLGx)
2) Frank Gutierrez v. City of Orange, United States District Court Case No. SACV06-760 CJC
c. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code
Section 54956.9(a): One Potential Case
d. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in Closed Session.
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7:00 P.M. SESSION
REPORT FROM CLOSED SESSION
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to direct staff to prepare a Resolution stating that the Council is adamantly opposed to .
any change in the type of prisoner at Theo Lacy Jail, as proposed by the County of Orange; and
that the settlement agreement currently in place with the County on Theo Lacy needs to be
followed in terms of use of the jail; to be brought back at the March 25th Council meeting.
13. PUBLIC COMMENTS - None.
14. PUBLIC HEARINGS
14.1 IRVINE COMMUNITY DEVELOPMENT COMPANY - TENTATIVE TRACT
MAP NO. 0022-07 (TTM 17185) AND DESIGN REVIEW COMMITTEE NO. 4266-07
(T4000.0 TTM-I7185)
Time set for public hearing to consider a proposal to subdivide approximately 785 acres into
604 numbered and 198 lettered lots to primarily provide building sites that would
accommodate a maximum of 1,200 residential dwelling units. The proposal also includes
tract-wide improvements to provide a graded site with landscaping, trails, fencing, roadways,
controlled access gate, fuel modification areas and open space. Property is located North of
Santiago Canyon Road, East ofIrvine Lake (East Orange Planned Community Area 2).
RESOLUTION NO. 10266
A Resolution of the City Council of the City of Orange approving Tentative Tract Map No.
0022-07 (TTM 17185) and Design Review Committee No. 4266-07 to allow the subdivision of
785 acres for the residential development of up to l,200 dwelling units, including associated
tract-wide improvements on property located on the North side of Santiago Canyon Road, East
ofIrvine Lake - East Orange Planned Community Area 2.
Applicant: Irvine Community Development Company
14. PUBLIC HEARINGS (Continued)
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CITY COUNCIL MINUTES
March 11, 2008
Staff Report
Ed Knight provided a brief history of the proj ect, noting that the proposed action is adequately
covered in the EIR and there is no need for an addendum or supplemental environmental
report. In response to Council questions, he noted that the Program EIR did address some
aspects of energy efficiency, but the specific law that added the concept of global climate
changes and greenhouse gases did not occur until January 2007. He also noted the tree
replacement plan is 20 to 1; and that there is still the potential for some commercial lots on
Santiago Canyon Road.
Ian MacDonald, Fire Captain, spoke on the experience and success of the fuel modification
zones in other areas such as Serrano Heights and Portola Hills. He noted the fuel mod zones
are provided by the developer and maintained by the homeowner associations; that there is a
new fire station proposed in the East Orange Plan; and that the roofs are all Class A fire
resistant roofs.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
Mr. Dan Miller, The Irvine Company, reported this is the last component for the
implementation of the East Orange community plan. The plan incorporates 230 mitigation
measures included in the environmental report; preservation of the natural environment and
open space - utilizing a 20 to 1 tree replacement plan; a plant palate requiring minimal water
usage; an approved water runoff management plan; fuel modification zones; a trail system; and
is consistent with and implements the East Orange Development Agreement.
Roger McErlane, representing The Irvine Company, provided a power point presentation
illustrating the Master Plan, renderings of the neighborhood character, trail plan, outline of the
fuel modification zones and the landscape concept plan.
The following people spoke. Their comments and concerns included - Effects of anticipated
traffic overload; invalidity of environmental checklist; necessity of additional environmental
review; additional information now available related to greenhouse gases, which should be
reviewed; chemical impacts to Irvine Lake; best management practices not adequately defined;
potential water quality impacts; the subject property is not yet annexed; designation of
Santiago Canyon Road as a scenic corridor; tract houses in a rural area; fire evacuation issues;
traffic safety on Santiago Canyon Road; the need to circulate a supplemental EIR; need for
additional setbacks on trails; traffic to Orange Park Acres; change in CEQA regulations since
2005; the need for a wait and see approach.
Tom Davidson
Anthony Richards
Erin Ganahl, Sierra Club
Matt Hagemann, Sierra Club
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CITY COUNCIL MINUTES
March 11, 2008
14. PUBLIC HEARINGS (Continued)
Frank Angel, Sierra Club
Scott Breeden
Brett Peterson
Chay Peterson
Laura Thomas
Theresa Sears
Dennis McHale
Torn Harpenow
Mr. Dan Miller responded to speakers' concerns, noting that nothing has changed since the
2005 approvals, including the timing and phasing of traffic improvements, the best
management practices, and the water runoff plan. He noted it is standard process to gain
entitlement approvals prior to annexation, but that no permits can be pulled until after the
property is annexed into the city. He also noted that the fuel mod zones have worked for years
in other areas. He stated they would be agreeable to a two week continuance to review the
information submitted that day.
Mayor Cavecche asked for clarification on how the land management / open space will be
handled on the areas surrounding this property; and on the setbacks of the trails.
Mr. Miller indicated that the Nature Conservancy has a conservation easement over most of the
land, with the management of the land by the Irvine Ranch Conservancy, a non-profit
organization.
Mr. Brian Austin, The Irvine Company, reported on the setbacks for the proposed trails, noting
that they are separated from the road both vertically and horizontally, are over 20 feet from the
road, and are heavily landscaped.
Councilmember Smith asked bout the monitoring of fuel modification zones, the proposed
trails, water treatment basins and the traffic assessment. She asked about proposed
signalization on Santiago Canyon Road, proposed commercial lots on Santiago Canyon Road
and a potential golf course.
Mr. Miller indicated that the homeowners association maintains the fuel mod zones with an
actual maintenance plan outlined in the CC&Rs, and that the City Fire Department conducts
inspections to ensure they meet requirements. There were extensive community meetings
with the Orange Park Acres community on the trails, as well as meetings with the City's Park
Commission. He clarified that the trails are for public use, and that The Irvine Company has a
great deal of experience with public trails through communities so as not to create a problem
for residents. With regard to water basins, they have been increased to 11 basins and 28 acre
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CITY COUNCIL MINUTES
March ll, 2008
14. PUBLIC HEARINGS (Continued)
feet, and the water runs towards Limestone Creek. A traffic assessment was conducted on
current conditions, and numbers have actually decreased slightly based on numbers and data.
It was reported that two traffic signals are proposed at this location on Santiago Canyon Road,
during the initial phase, with transition, acceleration and pocket lanes; and that the County has
proposed additional signals further east of the tract.
Mr. Miller also reported there is a potential for approximately three acres for commercial lots
on Santiago Canyon Road; and a potential for a golf course, but it is not part of this tract map
and would require a multi party agreement if that was the collective wish.
Councilmember Bilodeau asked about the irrigation of common areas, the sewer line along
Santiago Canyon Road, a traffic circulation analysis and the correspondence submitted by the
Sierra Club regarding greenhouse gases.
Greg Heiertz, Director of Engineering, Irvine Ranch Water District (IRWD), reported that the
IRWD has prepared a sub-area master plan which details the required water and sewer
systems. The initial irrigation plan is to dual plumb the system and provide potable water; the
ultimate plan is to convert to non-potable lake water or reclaimed water in the future.
Mr. Heiertz also reported the sewer line installed along Santiago Canyon Road will be in the
road right-of-way and should not affect any tree roots.
It was also reported a traffic circulation analysis had been submitted and reviewed by staff.
Mr. Fred Greve, Mestre Greve Associates, briefly reviewed the report he had submitted on the
Greenhouse Gas Assessment for the East Orange Area 2 Tentative Tract 17185, which outlines
regulatory framework, significance thresholds, an estimate of project GHG emissions and a
cumulative effects analysis. He also noted that new homes have higher energy standards and
are more energy efficient, which is an important approach to reducing emissions.
Councilmember Murphy asked about a temporary easement for a multi purpose trail through
the proposed recreation area, which is possibly identified for a golf course.
Mr. Miller stated they would prefer to wait until a determination is made about the use of the
recreation area, as they did not want to impact any ultimate plan for that area.
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CITY COUNCIL MINUTES
March 11, 2008
14. PUBLIC HEARINGS (Continued)
Mayor pro tem Dumitru asked about the bioswales and the prevention of water runoff from the
streets. He also asked about the signalization and widening of Santiago Canyon Road
Mr. Miller reported that the amount of time the water sits in the bioswales has been increased
from 36 to 48 hours and there is constant measuring and testing.
Mr. Austin reported there is no requirement to widen Santiago Canyon Road between the two
proposed signals within this tract; and noted the road is still on the County Master Plan.
Mayor Cavecche asked about evacuation procedures and the checkpoints put in place with the
original entitlements.
Mr. Austin reviewed the emergency access roads which provide additional access out onto
Santiago Canyon Road, noting that Santiago Canyon Road would be widened westerly from
the western most proposed signal.
Mr. Miller reported there are checkpoints in place for reevaluation and allows for additional
mitigation if necessary.
Councilmember Smith asked for additional clarification on evacuation procedures.
Fire Chief Bart Lewis reported that the fuel mod zones have proven to be very effective, and
allows significantly greater flexibility when evacuating an area. Evacuation plans can be a
moving target, in that it depends on a variety of things, including location, topography, nature
of fuel, humidity and wind; and that it's difficult to be too specific at this time; and that the
secondary access points are typically for safety personnel and not residents.
In response to questions from Mayor pro tern Dumitru, Chief Lewis further reported that
Orange County Fire Authority typically works with residents on evacuations of large animals.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
Mayor Cavecche asked about the recent information received from both the Sierra Club and
The Irvine Company.
Mr. DeBerry suggested that because of the voluminous amount of information submitted that
day, and requests to review the information by all parties involved, a continuance would be
appropriate with a set deadline for any additional correspondence to Wednesday, March 20th.
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CITY COUNCIL MINUTES
March ll, 2008
14. PUBLIC HEARINGS (Continued)
Mr. DeBerry also clarified the environmental checklist, which is to determine whether or not
the tentative maps have any new effects that have not been analyzed in the Program EIR and to
determine whether the maps are within the scope of the EIR.
Council Action
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to March 25, 2008, at the 4:30 session; to allow a review of the
documentation submitted at this meeting; to set a deadline of Wednesday March 20th for
submittal of any new documentation; and noted that the public hearing is closed.
(NOTE: Wednesday is March 19th; and the Sierra Club and The Irvine Company were notified
by the City Attorney's Office that any documentation was due on Wednesday, March 19th)
15. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT
The City Council adjourned at 9:55 p.m. to an Adjourned Regular Meeting, Study Session, on
March 18,2008 at 5:00 p.m. in the Weimer Room, to review the proposed FY 2008-09 Budget
Goals and W orkplans.
The next Regular Council meeting is scheduled for March 25, 2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of March 11,2008 at Orange Civic Center kiosk, Police facility at 1107 North
Batavia, and the Main Public Library at 407 E. Chapman; 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.
Q...
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