HomeMy WebLinkAbout03-11-2008 Council MinutesAPPROVED 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-
CITY COUNCIL MINUTES March 11, 2008
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,
CITY COUNCIL MINUTES March 11, 2008
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 $
CITY COUNCIL MINUTES March 11, 2008
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
CITY COUNCIL MINUTES March 11, 2008
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 executea 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
CITY COUNCIL MINUTES March 11, 2008
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.7
CITY COUNCIL MINUTES March 11, 2008
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
CITY COUNCIL MINUTES March 11, 2008
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.9
CITY COUNCIL MINUTES March 11, 2008
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
CITY COUNCIL MINUTES March 11, 2008
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
CITY COUNCIL MINUTES March ll, 2008
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
CITY COUNCIL MINUTES March 11, 2008
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 13
CITY COUNCIL MINUTES March ll, 2008
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.14
CITY COUNCIL MINUTES March 11, 2008
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)
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 16
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
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
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.
19
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...20