HomeMy WebLinkAbout11_8_2005 - Council MinutesI
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APPROVED BY THE CLTY COUNCIL ON NOVEMBER 22, 2005
CLTY COUNCIL MINUTES ORANGE, C i\LIFORNIA
OF A REGULAR MEETING Novenbcr 8,2005
The City Council of the City of Orange, California convened on November 8, 2005 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1.OPENING
1.1 INVOCATION
Given by Pastor Tye McClain, Rock On Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Presentation of Colors by the Orange High School Junior Marine Corps JROrC in honor
of the United States Marine Corps 230th Birthday.
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Ambriz,
Murphy, Cavccche, Dumitru None.1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Resolution No. 10029 to Barbara S. Behrens of the Finance Department.Presentation of
2005 Achievement of Excellence in Procurement Award to Glenn Kaye,Purchasing Officer,
Finance Department.Presentation of
Certificate of Achievement A ward for Excellence in Finane ial Rcporting by the
Government Finance Officers Association of the United States and Canada for the City's
and the Redevelopment Agency's Comprehensive Annual Fincncial Report CAFR) for
the fiscal year ending June 30, 2004 to David Christian, Assistant Finance Director and
Annie Case, Senior Accountant, Finance Department.Announcements:Veterans
Day
Celebration on Friday, November 11,2005 at the Veteran,; Memorial at Depot Park.
Reception for
the Shades of Orange photo collection - Thursday, November 10that 7:00 p.
m. in thc Weimer Room.Mayor's Prayer
Breakfast - December 6th at 7:30 a.m.. with special guest, Frank Pastore.PAGE 1
CLTY COUNCIL MINUTES November 8, 2005
2. PUBLIC COMMENTS
Jenny New, 795 S. Woodland, thanked thc City Council for the Dog Park.
Lisa Gurley, 220 E. Adams, thanked the City Council for the Dog Park.
3. CONSENT CALENDAR
All items on the Consent Calendar are considcred routine and are enacted by one motion
approving the recommended action listed on the Agcnda. Any member of thc City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removcd shall be considercd immediately
following action on the remaining itcms on the Consent Calendar.
3.1 Request Council Confirmation of warrant registers dated October 20 and 27, 2005.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, October 25, 2005.
C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approvcd.
AGREEMENTS
3.4 Amendment Number 2 to Consultant Services Agreement No. 4629 with NBCE, Inc.
for additional traffic engineering services for the Tustin Street and Meats Avenue
intersection project. (A2100.0 Agr-4629.
2)SUMMARY: Amcndment Number 2 will increase the scopc of work to be completed
by NBCE, Inc. to include the preparation of a City owned and maintained street
lighting system and miscellaneous traffic enginecring services for the modification of the
existing traffic signal at the Tustin Street and Meats A venue
intersection.ACTION: Approved Amcndment Number 2 to thc cxisting NBCE Consultant
Serviccs Agreemcnt and increased the contract amount by $5,750.00 and authorized the
Mayor and City Clerk to executc the Amcndment on behalf of the
City.FlSCAL IMPACT: Funds are budgctcd and available in the following
account:550-5011-483300-3030 $5,750.00
Tustin/Meats
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CITY COUNCIL MINUTES Nove nber 8, 2005
3. CONSENT CALENDAR (Continued)
3.5 Approval of Amendment Number 9 to OCTA Agreement No. C-95-98h
for project allocation funding revisions awarded to the City of Orange through
the Combined Transportation Funding Programs (CTFP). (A2100.0
Agr-2397.9)SUMMARY: Amendmcnt Number 9 to OCTA Agreement No.
C-95-98E updates the agreement to include all projects that have been
awardcd grant funding through the compctitive Combined Transportation Funding
Program (CTFP) Measure M program.ACTION: Approved Amendmcnt Number 9 to
OCTA Agreement No. (-95-986 and authorized thc Mayor and City Clerk to
execute on behalf of the City.FISCAL IMP ACT: Approximately $23 million has been awarded
to the C ty of Orangc for various transportation improvement projects for FY
99/
00 through FY 09/10.APPROPRIATIONS 3.6 Appropriation for Eisenhower
Park Renovations, project 0092. (A2100JO Agr-4582)SUMMARY: On November 23,2004, City Council
approved the award ofBid No. 045-16; CDBG Project - Eisenhower Park Renovations,
to Accu Construction, in the amount of $520,755. Owner initiated change orders have
been approvedin the amount of 37,364.35, which is a 7% increase.
Additionally, Twining Laboratories havc been hired for project management and materials tcsting services
in the amount of $20,238.Although City Council authority is not needed for the
change orders, a 1 incrcase in appropriation of$14,000
is needed to cover project costs.ACTION: Appropriated $14,000 from
unappropriated rcserve Fund
511 (Quimby) to 511-7021-485100-0092 (Eisenhower Park).FISCAL IMPACT: After
the appropriation, sufficient funds will exist
in the following account:
511-7021-485100-0092 (Eisenhowcr Park): $14,000 REMOVED AND HEARD SEPARATELY)3.
7 Appropriation of Revenue for Special Events and Youth Programs. (CSOO.
N)SUMMARY: City Council is being asked to accept and appropriate sponsorships,donations
and grants received betwecn January 2005 and September 2005 :n the amount of $5,141.
78 for the purchase of supplies, equipment and entertainmcnt for annual spccial events and youth sports,
and appropriate
thc final $29,314.05 Signs of SUpJort funds for youth programs.
Discussion - Councilmember Dumitru asked for clarification on the
revolving account
CITY COUNCIL MINUTES November 8, 2005
3. CONSENT CALENDAR (Continued)
Bonnie Hagan, Acting Community Services Manager, explained the revolving account is
actually a general ledger account, and is required for the 3td of July event because that
event falls at the very beginning of each fiscal year, and yet uses donations accepted at
the end of the previous fiscal year. All money in that account is tracked and is strictly
used for donations and expenses for that one event. It was noted that staff will bc
working with Finance to simplify the accounting for this event.
Councilmember Ambriz thanked staff for the infornlation provided on Signs of Support,
noting that staff will be looking into getting more business support for city events.
Councilmember Smith recognized and thanked the Community Services staff for all their
work on the special events held each year, noting that the money spent on these events is
worth the investment, as it supports familics and youth in the community.
MOTION - Dumitru SECOND -
Ambriz A YES -
Smith, Ambriz, Murphy, Cavecche, Dumitru ACTION: Accepted sponsorships,
donations, grants in the amount of $5,141.78;appropriated $35,455.
83 fromthe following accounts:100-7001-293900-
19050 (Concerts in the Park)
100-7015-293900-01207 (
Veterans Memorial Park)
100-7001-293900 (General Donations)
100-7014-264950 (Grants -
Youth
Sports)
100-7001-293102 (
Signs of
Support)and
Total:4,241.
78 500.00
400.00 1,
000.00 29,314.
05 35,455.
83 to the
following accounts:100-7014-
443800-
1026 (Other Recreation)
100-7015-426700 (
ProfessionalServices)100-
7015-443800 (Other
Recreational Supplies)Total:30,314.05 3,000.00 2.141.78
35,455.
83 FISCAL IMPACT:
After the appropriation,
sufficient funds will be
available
in the following
accounts:100-7014-
443800-1026 (Other
Recreation)100-7015-
426700 (Professional
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CITY COUNCIL MINUTES Novenber 8, 2005
3. CONSENT CALENDAR (Continued)
BIDS
3.8 Approval of Plans and Specifications and anthorization to advertise fo r bids. Bid
No. 056-14; D-153; Cambridge Street/Palm Avenue Storm
Drain Inlet Improvements and Windes Drive/Grovewood Lane
Drainage Facility Improvements. (C2500.
M.17)SUMMARY: Plans and specifications have been completed for stom
drain inlet improvemcnts at Cambridge Street/Palm Avenue and for Windes Drive/
Grovewood Lane drainage facility improvcments. This projcct will alleviate street flooding
problems at both locations. The project is ready to
be advertised.ACTION: 1) Approved plans and spccifications and authorizcd advcrtisinf; for
bids for Cambridgc Strcct/Palm A venuc Storm Drain Inlct Improvcments and
for Windes Drive/Grovewood Lane Drainage Facility Improvements (D-153);
2) i\ppropriated 80,000 from unallocated Fund 271 Gas
Tax as follows:60,000 to 271-5021-483300-5111 (
Cambridge/Palm Storm Drain Inlct ImplOvcments)20,000 to 27l-
5021-483300-5112(Windes/Grovewood Drainage Facility In provcmcnts)FISCAL IMPACT: Aftcr
thc appropriation, funds will be available
in the Capital Improvement Program in the following accounts:
271-5021-483300-5111 $60,000 (Cambridge/Palm
Storm Drain Inlet ImplOvement)271-
5021-483300-5112 $20,000 (Windes/Grovewood Drainage Facility Inprovement)3.9 CLAIMS (
C3200.0)SUMMARY: The following claim(s) have been received and invcstigated by the
City Attorney's Office and/or the Risk Manager. After a thorough investigalion with the
involved departments, it is
the recommendation of
the City Attorney's 0 ffice that the c1aim(s) bc dcnicd.a.
Ty
Thomas ACTION: Denied Claim(s) for damages and referred to City Attorncy and Adjuster.
CONTRACTS 3.10 Final Acceptance of a certain public work and improvement known as
Contract Agreement No. 4276 for Phase 2 of the City's Traffic Surveillance
and Management
Center at
CITY COUNCIL MINUTES November 8, 2005
3. CONSENT CALENDAR (Continued)
SUMMARY: Siemens ITS was awarded a contract on Decembcr 14, 2004 providing for
the design, construction and implementation ofthc next development phase of the City's
Traffic Management Center. This phase upgraded software and acquired additional
hardware allowing control of thc CCTV cameras, as well as monitoring of intersections
controlled by the City's master traffic signal controller. The i2 package maintains current
capabilities, but adds direct control of field traffic signal controllers when desired.
ACTION: Accepted public work improvement, authorized release of retention funds,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
PURCHASE
3.11 Purchase of a strip of land for street widening at 533 E. Heim Avenue (northeast
corner of Heim Avenue and Orange-Olive Road). (A2100.0
Agr-4785)SUMMARY: Acquisition of a small strip of land for street widening
along Orange-Olive Road, on the north
side ofHeim Avenue.ACTION: Authorized the Mayor and City Clcrk to execute escrow
and related documents concerning the purchasc of a strip of property at 533 E. Heim Avenue, to
bc used in connection with Orange-Olive Road widening, north of Heim
Avenue. Purchase price is 57,890.00
plus related escrow expenses.FISCAL IMP ACT: Funds are available
in the following account:550-5032-483100-
6193 $
307,633.07 Orange-Olive/Heim InterscctionRESOLUTIONS 3.
12 RESOLUTION NO. 9999 (C2500.J.4.2)A Resolution of the City Council of
the City of Orange Repealing Resolution No. 9385 and Approving the Memorandum of
Understanding Between the City of Orange and the City of Orange Police
Association Conceming Wages, Salaries, and Other Terms and Conditions of Employment
Effective July
1,2005 through June 30, 2008.ACTION:Approved.3.
13 RESOLUTION NO. 10007 (C2500.J.4.3)A Resolution of the City Council of
the City of Orange Approving the Memorandum of Undcrstanding Between thc City of Orangc
and thc Orangc City Firc Fighters, Inc. Local 2384 of thc
International Association of Fire Fighters, AFL-CIO Conceming Wages,Hours, and Othcr Conditions of Employmcnt
for the Period of July 1, 2005 Through and Including February
29, 2008 And Rcpealing
Resolution No.
9387 And
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CITY COUNCIL MINUTES Novenber 8, 2005
3,CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 10033 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciat .on to Robert
P. Stolhand of the Public Works Department for more than 32 years Jf loyal and
dedicated service.
ACTION:Approved.
3.15 RESOLUTION NO. 10034 (C2500.Jo4)
A Resolution of the City Council of thc City of Orange Regarding thc 2005 Christmas
Holiday Closure.
ACTION:Approved.
3.16 RESOLUTION NO. 10035 (C2500.K)
A Resolution of thc City Council of the City of Orange adopting the National Incident
Management Systcm.
ACTION:Approved.
3.17 RESOLUTION NO. 10038 (C2500.N)
A Resolution of the City Council of the City of Orange expressing appreciation to Gary
Wann, Community Scrvices Director, for morc than 30 years of loyal ,nd dedicated
scrvice to the City of Orange.
ACTION:Approvcd.
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CITY COUNCIL MINUTES November 8, 2005
3. CONSENT CALENDAR (Continued)
TRACT MAP
3.18 Tract Map No. 16866 - Request for approval. (T4000.0 TRM-16866)
SUMMARY: Tract Map No. 16866 creates thirteen multi-family parcels as the
first phase of the Del Rio
Developmcnt.ACTION: Approved the Final Tract Map No. 16866, accepted dedication offered
and abandoned a portion of a public
street.FISCAL IMPACT:
None.MOTION - Smith
SECOND - Cavecche AYES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Item 3.
7 was removed and heard separately. All other items were approved as recommended.END
OF
CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY - None.5. REPORTS FROM
COUNCILMEMBERS - None.6. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS - None.8.
REPORTS FROM CITY MANAGER - None.
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CITY COUNCIL MINUTES Novembcr 8, 2005
9. LEGAL AFFAIRS
9.1 RESOLUTION NO. 9973 (C2300.E)
A Resolution of the City Council of the City of Orange approving Mitigatcd Ncgat .ve Declaration
No. 1737-04, General Plan Amcndment No. 2004-0006, Santa Fc Dcpot Specific
Plm Amcndment No.2, Major Site Plan Review No. 358-04, Design ReviewCommittee No.
394..-04, Tentativc Tract Map No. 16786, and Demolition Review for a non-contributing structure
in he Old Towne Historic District to allow for the development of 32 for-sale residential lofts on
1.82 acres of land located
at 501 West Maple
Avenue.Applicant: The
Olson Company MOTlON -
Ambriz SECOND - Cavecche AYES - Smith, Ambriz, Murphy,
Cavccchc, Dumitru Moved to approve Resolution
No. 9973.9.2 ORDINANCE NO.9-OS (SECOND
READING) (C2300.E)An Ordinance of the City Council of the City of Orange approving the
rec assification of approximately 1.82-acres of property from M-1 (Light
Manufacturing) to R-3 (SPZ) (Residcntial Multiple Family with Mixcd Use Santa Fe Depot Specific
Plan Overlay Zoning)
located at 501 West
Maple Avenue.Zone Change
No. 1230-04
Applicant: The Olson
Company MOTION - Ambriz SECOND - Cavecche A YES - Smith,
Ambriz, Murphy, Cavccchc, Dumitru Moved that Ordinance No. 9-05 be read by titlc only and same was
approved and
aiopted by thc
preceding vote.10. PUBLIC HEARING 10.1 CITY OF ORANGE 2005 URBAN
WATER MANAGEMENT PLAN (C2300.K)The public hearing to consider adoption of the City's
Urban Water Managclllent Plan, was continucd to this
timc from Octobcr 25, 2005.Per State law, the Plan must be updatcd evcry fivc ycars. Thc Plan
discusscs CUI Tent and future water demands, thc availability and reliability of
water supplies, various watcr dcmand management measures to reduce water use, and
a water
CITY COUNCIL MINUTES November 8, 2005
10. PUBLIC HEARING (Continued)
RESOLUTION NO. 10030
A Resolution of the City Council of the City of Orange adopting the 2005 Urban Water
Management Plan.
NOTE: Staff has reQuested this item be continued to November 22. 2005.
MonON - Cavecche SECOND -
Smith AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to continue
to November 22,2005.11. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO
CLOSED SESSION The City Council
recessed at 5: 1 0 p.m.Note: The City
Council did not recess to a Closed Session.a. To consider
and take possible action upon such other matters as are orally announced by the City
Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any
of the matters will not be considered in Closed Session.7:00 P.
M. SESSION 13. PUBLIC COMMENTS -
None.14. PUBLIC HEARINGS 14.
1 RECREATIONAL VEHICLE
STORAGE FACILITIES (A2500.0 ORD-16-05))Time set
for public hearing to consider an Ordinance Amendment conditionally permitting Recreational Vehicle
Storage Facilities in Residential Zones.NOTE: The
Citv Council has reQuested this item be continued to November 22.2005.MOTION - Smith
SECOND - Dumitru A
YES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Moved to continue to November
22,2005.PAGE 10 I I
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CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
14.2 APPEAL NO. 503-05 - RICK WIN'E - 264 N. SHAFFER STREET (A4000.0 APP-
503-
05)Time set for public hearing to consider an appeal by Rick Win'e of the Planning Commission'
s approval of Appeal No. 502-05 (Appcllant: Old Towne Preservation
Association), which modificd the Design Review Committee approval of the project. The project
involves thc demolition of existing storage sheds and the construction of a two-car garage with
a storage attic at 264 N. Shaffer Street, which is located in the City's Old
Towne Historical Distric:.
Reason for Appeal:The chains between my front porch columns are not original, nor have
they ever been contributing features to a Craftsman style homc. The 14" high rock vcneer I
installed under my side seat window does not adversely effect the historical features that
characterize Ithis property.Most important, I would like to leave the interior stair case in my new garage. It
will not be visible from the street or any adjoining property, and it is allowed by current c:
ty codes
and historical standards."Alice Angus, Community Development Director, revicwcd thc history of
the project; clarifying that the appellant has requested an exterior staircase, not an interior
staircase as noted.In response to Council qucstions, Ms. Angus rcported that a permit was issued June
6 for thc stone columns, June 15 to remove and rebuild the fireplace and June 22 for the pc,
rch and deck repair; noting that some of the work may have been done prior to the
permits beingssued. With regard to the stone veneer under the window, thcrc was a qucstion as to whether
a permit was rcquired, but under the Historical Guidelines, a review is required to keep
withil the
historic design guidelines.Ms. Angus further reported that initially, Mr. Win'e worked with the Historical
Planner in the Community Development Department, but then worked with another
Planner when the Historical Planner
was on vacation.In response to further Council questions, Ms. Angus agreed with the concern that
a member of the community was able to obtain a draft violation notice sent to the
Win'e residence.MAYOR MURPHY OPENED
THE PUBLIC HEARING Mr. Rick Win'e, Appellant, 264. N. Shaffer, explained the work done to
the residence, noting that hc got an original approval from thc Design Review Committee for his
project. He stated that 90 pcrcent of thc stone is original and that the columns are the same size as
the original ones.He agreed to remove the rock veneer under thc window, but can not replace the c
lain swags as the chain had
been disposcd
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
He asked to retain the exterior staircase on the outside of the garage, as he would lose valuable
spacc if hc moved it inside the garage. The second story of the garage will be used strictly for
storage.
Councilmember Smith asked about the discrepancy between the original plans and the discussion
at the DRC meeting.
Mr. Win'e explained there was a miscommunication with his architect and the plans werc drawn
up with an interior staircase. However, he explained to the DRC that he was actually requesting
an extcrior staircase.
Speakers
Jcff Frankel, representing Old Towne Preservation Association, spokc 111 opposition to the
project, noting that the Old Towne Design Guidelines need to be upheld.
Jan Chomyn, spoke in opposition to the project, asking that the original characteristics be
retained.
David Gonzales, 275 N. Shaffer, spoke in favor of the project, noting that the appellant has
transformed this property back to a single family residcnce from a triplex.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor pro tem Cavecche commented that she used to live next door to the property in question
when it was a triplex, and that the Win'e's have done a great job in converting it back to a single
family residence. She noted that thc applicant has agreed to remove the stone under the
window, and she has no problem with the staircase in the back, as it does not change the
architectural feature of the house.
Councilmember Smith commentcd on the apparent breakdown in the process for this project,
noting the DRC had only 3 members voting on the project and the Historical Planncr was not
involved throughout the entire project. She noted that the original plans indicated an interior
staircase and suggested it stay interior. She expressed concern that work was done prior to
pulling permits, and suggestcd that the proccss be tightencd up for applicants. She agreed the
rock vcneer needed to bc removed and thought the chain swag might have been original to the
house, but since it does not cxist, it can not bc rcstored.
Mayor Murphy notcd that the appellant started with a triplex and has worked to bring the
property back to a single family dwelling. Hc agreed the rock veneer necdcd to be removed,
but did not have a problcm with an cxterior staircasc. He noted a letter rcceived from a
neighboring propcrty owner which indicated that thc chain swag was installed 29 years ago.
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CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
The Council agreed that the review process needs to be improved.
Councilmember Smith suggested, in order to improve the City process, that a fifth member be
appointed to the DRC; that the Historic Planncr bc used to a greater advantage md for more
consistency - utilizinga back-up historical planner if neccssary; and that there needs to be more
staffreview at the DRC level to ensure that devclopmcnt standards are applied correctly.
Council Action
MOTION - Murphy SECOND -
Ambriz AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
the appeal, with the condition based on the concurrence of the appellant, to remove the 14-
inch rock veneer under the window; and allow the exterior staircase and not require the
reinstallation of the chains.14.3
SEIR1278/DEIR 1716 / GENERAL PLAN AMENDMENT 2003-0001 AMENDMENT
TO SANTIAGO HILLS II PLANNED COMMUNITY ZONE
CHANGE 1218) (C2300.E)ADOPTION
OF EAST ORANGE PLANNED COMMUNITY (ZONE CHANGE 1219)PRE-
ANNEXATION DEVELOPMENT AGREEMENT
RUNOFF MANAGEMENT PLAN
DESIGN GUIDELINES FOR SHII AND EOPC AREA 1
CONCEPTUAL GUIDELINES FOR EAST ORANGE AREAS 2 & 3
TENTATIVE TRACT MAP 16199/ TENTATIVE TRACT MAP 16201
TENTATIVE TRACT MAP 16514 / CONDITIONAL USE PERMIT 2488-
03 The public hearing to consider a request by The Irvine Company for a projcctkno'Wn as
Santiago Hills II Planned Community (SHIl) and East Orange Planned Community (EDPC)
was continued to this time from October 25,
2005.The Mayor stated that the public hearing was closcd and that at the last meeting th<~ Council
had begun thcir qucstioning of thc project. He referenced the additional information :hat had
been provided and asked the City Attorney to comment on
it.City Attorney, David DeBerry referred to the LSA Rcport commissioncd by thc In ine
Companywhich was a traffic analysis using the County's methodology to study the impacts on Santiago
Canyon Road. He stated that this report concludcd that thcrc would be no imp lcts from thc
project on Santiago Canyon Road. He then stated that the City used the methodc1ogy required
by its own General Plan, as CEQA requires, and came to the same conclusions regarding impacts
PAGE 13
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
on Santiago Canyon Road. He added that the County and the City have had numerous meetings
on traffic analysis and traffic impacts; and that the City had received a letter from the County of
Orange indicating their satisfaction with the conclusions.
Mr. DeBerry stated that in compliance with the Brown Act, a public testimony period had becn
held during prior meetings. He further stated with regard to comments to the LSA report that
there existed no further requirement for the public testimony period to be reopened, but that
Council could detennine otherwise. He then stated that the EIR did not require recirculation
since the LSA report did not identify substantial affects.--recirculation is only required when
significant impacts are identified.
Councilmember Ambriz asked the City Attorney if a memo from his office had been available to
the public as part of the agenda packet. He also gave the example of the Planning Commission
reopening the public testimony period of their hearing to consider new information and wanted
to be sure that Council's action did not contradict that.
Mr. DeBerry explained that regarding the infornlation before the Planning Commission there had
occurred a major change to the park acreage information; howevcr, the issue before Council was
a second opinion traffic analysis that supported the first analysis with no effect on the project.
He then explained that CEQA's rules encouraged most of the project information being
disseminated early on in the review process.
Councilmember Ambriz stated for the record that the City did not request the LSA report, but
that it was requested by The Irvinc Company responding to comments that had been presented
before Council at an earlier meeting as part of the public testimony portion of the hearing.
Mayor Murphy requested a consensus from the Council as to whether or not to reopen the public
testimony period.
Councilmembcr Dumitru stated that thc LSA report changes nothing and he desired to continue
with Council questions.
Councilmember Ambriz statcd that staff had addressed all the conccrns, suggesting that Council
continuc their questions.
Councilmembcr Smith askcd for thc identity of the pcople in the audience filming the meeting.
1t was determined that these were students from the Chapman University Broadcast Journalism
class.
City Attorney, David DeBerry summarized the memo referred to by Counci1member Ambriz as
reporting some changes to thc Development Agreemcnt and new rcsolutions and ordinances
amcnded to eliminatc Area 3 of the project.
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CITY COUNCIL MINUTES Novenber 8, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Ambriz clarified that one of the changes to the Development Agreement called
for changes to the new traffic signals on Santiago Canyon Road and whether thc City would bc
paying for that out of the $4.2 million or if The Irvine Company would be pay ng for those
traffic improvements.
Mr. Sibley indicatcd that Thc Irvinc Company would be providing the additional 'unds for the
traffic improvements.
CouncilOuestions
Mavor pro tem Cavecche - asked Paul Jones of the Irvine Ranch Water District (IRWD) whether any
official decisions had been made with regard to the project.Mr.
Jones responded that the IRWD has addressed two issues-taking on the addilional natural
treatmcnt system or water quality wetland sites and the water service agreement. file stated that
the Board is scheduled to act on the sites at their next meeting and subsequently will be voting on
thc water service agreement. He cxplained the action on thc sitcs approves the district taking on
the operation and maintenance of the six designated sites and subsequent inspection of additional
sites on an on-going basis. He indicated that two committees of the IRWD Board, ~omprised
of four of the five board members, have reviewed the issues and there has been concurrcncc and
a recommendation to the Board to approve them. He then indicated that the Board has agreed
to the major terms of the water service agreement and would be considering it in appnximately
30 to 60
days.Mayor pro tem Cavecche clarified that the district will be monitoring the 20 additional
basins and would notify of repair or maintenance
problems.Mr. Jones responded that the agreement requires a bi-annual inspection and if the sites
were not being properly maintained the homcowners association (HOA) would be contacted :0
correct the problem. If the HOA did not correct the problem, the district would conduct
the maintenance and bill the HOA for
the services.Mayor pro tem Cavecche noted that she was in agreement with the comments
made by Councilmember Smith at the October 25th meeting regarding the commercial center,
looking for a boutique-type commercial center in that area. She also indicated that she is not
luoking at this being a trade off for the equestrian center, stating that she wanted a nicer center t
1an has been planncd; possibly run by a vendor or non-profit organization. She
clarified that th ~ elimination of Arca 3 would not adversely impact the plans for thc cqucstrian ccntcr.
She also :citcratcd hcr interest in providing for churches being
established in the area.Mr. Miller responded that the elimination of Area 3 would not
adversely impact he equestrian centcr plans nor change anything with regard to thc fire station. He also stated
that a few people asking general questions regarding the plans for church facilitics in
thc ranch hav,: approachcd The Irvine Company. He added that thc zoning allows for the establishment
of
chuches, but
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
of the requests had been specific proposals. He indicated that the church facilities in the City of
Irvine were grouped during the planning process.
Mayor pro tem Cavecche suggested, for the record, that if a church is interested in looking at the
project site, they are to contact the Irvine Company and express their interest. She clarified that
in looking at the tentative tract maps (TTM), the Council is considering action to approve the B
lots, with the A lots being considered at a later date. She asked if churches are allowed with a
CUP in the residential area; and that there are largc plots of land in SHII and Arca 1 available for
churches.
Mr. Miller responded that this infornlation was correct, adding that it would depend on the size
and design of the proposed facilities. He reiterated that any interestcd congregation wanting to
move to the area should contact The Irvine Company.
Mayor pro tem Cavecche asked about the time line to bring the A lots to Council. She asked
whethcr the decision to approve the TTM for thc affordablc housing was on thc table and the
timeline to bring the TTM for Area 2.
Mr. Miller responded that the A lots would come to Council in six months to one year. He added
that the approval of the A Lot portion of the project by Council was for the master lots, not the
specific TTM which would also come back. He indicated that the time line for TTM for Area 2
was 2007 - 2008.City
Manager, John Sibley responding to a question from Mayor pro tem Cavecche, indicated the TSIP
fees and supplemental fees would come in as permits are pulled. He added that the fees for the
right-turn lane improvements at Santiago Canyon Road of$100,000 would come in when the
first grading permit is issued or the final tract map is approved; the negotiated radar speed signs
of $50,000 would come in on the first certificate of occupancy being issued; and thc $80,000
traffic signal study fees will come in prior to the building permit being issued for the project. He
indicated that this is the total $1.2 million recently negotiated.
Mayor pro tem Cavecche stated strong support for the fair share fees being front-loaded for
the Chapman and Santiago Canyon Road improvements, given the state of the current
traffic conditions at that location. She also askcd about construction costs and timing for building
the Santiago Canyon Road and Cannon intersection and the Chapman and Prospect
intersections
improvements.Public Works Director, Gail Farber, indicated the Cannon and Santiago Canyon
Road improvcments are currently schcduled for 2005-06 CIP, adding that the
right-of-way acquisition would be completed by December 2006 with construction to begin in the
Spring of 2007. She then statcd that thc Chapman and Prospect improvements are
currently out
I
I
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
Assistant City Engineer, Rogcr Hohnbaum stated that the Prospect and Chapman prcjcct is slated
as an interim and the full build out will provide for additional bus bays and turning movemcnts.
At this time the additional capacity providcd by full build out would not be needed for the next
ten ycars, and would defer impacts to the businesses on thc two northern corners - whichis why
the decision was made to do the interim project. He confirmed that the final bL ild out is for bus
bays and turning movements. He stated that the critical move necded is westbound left-tum
movements, and added that eastbound-turn movements would be constructed as
well.Mayor pro tem Cavccche stated that she hears comments all the time indicating the traffic in
the City of Orange is bad now. Shc commentcd that adding over 3,000 units in the East Orange
area is going to compound the problem. She stated that the City has failed to address the concerns
to create solutions to the traffic problems. She stated her understanding of the communities
gut reaction to the project. She noted that the traffic analysis indicatcs no problems, Jut there
are already problems. She asked what projects are slated for East Chapman and what is Jeing
looked at with the money coming in as thc pcrmits are issued. She expressed her conCern about
the money trickling in. She expressed appreciation that The Irvine Company is giying over $
4 million as their fair share
mitigation.Mr. Hohnbaum stated that apm1 from thc projcct being considered, the City is putting
together projects on Chapman to address traffic problcms. He commented on the time required to do
the enviromnental review and amass the funding, stating that thc City relics heavily on gas taxes
and grant funding-such as Measure M Funding. He added that partnering with
2alTrans on freeway projects is required and it takes years to buy the right-of-
way, especially ir commercial zoncs. Hc
then listed the projccts:Tustin/Chapman Intersection - the contract has been awarded. The
construction is to begin in January, 2006. This will improve the north side of the
intersection. He referred to thc lanc under thc frecway bridge that is striped out, but will be utilized
in the future when the widening through the Yorba intersection occurs. He listed
the funding sources for this project and stated that hopefully the construction will be
undervay
by next summer.Prospect/Chapman Intersection - Interim project to begin construction in t:1C
Spring
of 2006.Prospect/Y orba Interscction - This interscction is one of the most criti :al links
on Chapman. The widening to four lancs and separate bus bays in front of the Ralph'
s supermarket will improvc the movement through the
intersection.Hewes/Chapman Intcrscction .- This is a TS1P identified project, and the funding is not
yet complete.
PAGE 17
CITY COUNCIL MINUTES Novembcr 8, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Hohnbaum statcd that two other projects to improve the flow on Chapman are bus bays and
synchronization of the traffic signals from Hewes back down to the 55 Freeway. He concluded
that by putting the widenings, the bus bays, and the signal synchronization into place, the traffic
today, and projected in the future, would move smoother through the Chapman corridor.
Mayor pro tem Cavecche asked about the fiber optic system from the freeway east and whether
The Irvine Company was paying for the design study. She also asked whether the TSIP funds
would be reccived in time to fund the planned improvements.
Mr. Holmbaum responded that the City is currently working on the fiber optic system which
should be put in place by next year, and added that the synchronization needs to be done every
two ycars as traffic patterns increase and dccrcase. He indicated that the Development
Agreement makes provision for receiving the money up front. He also gave a status of the
Santiago Canyon Road and Cannon Street improvements, stating that the City has one more
property to buy; purchase property from the County needed on the northeast corner of the
interscction; and negotiatc with the school district for the frontage across the elementary school
to straighten and widen that portion of the road from the school, across the intersection and up to
the creek bridge.
Mayor pro tem Cavecche clarified that at the completion of the project, The Irvine Company
development will be one year into the build.
Councilmember Ambriz asked if the City has approached OCT A for payment of the $2.6 million
bus bays on Chapman, citing that these bus bays would serve their busses. He also asked about
the possibility of rcrouting the busscs through La Veta Avenue, pulling traffic from Chapman
Avenue.
Mr. Hohnbaum indicated that OCT A has been approached, but they are serving the City
residents and they look to the City to provide thc roadways. He added that La Veta Avenue does
not have the proper road thickness to support this kind of traffic, citing problems with certain
sections on West La Veta now. He added that a major portion of the $2.6 million is the right-
of-way property acquisition. He gave cxamples of narrower streets that have been improved
by adding the bus
bays.Irvine Company Senior Vice-Presidcnt, Dan Millcr stated that as part of the
development project,over and above the information that Mr. Hohnbaum just presented, improvements will
occur on Jamborec, Santiago Canyon Road and Chapman, as well as the Santiago Canyon
Road/
TCA interchange.Mr. Miller responded to a water quality question from Mayor pro tem Cavecche
indicating that the best managcment practiccs for the build at Area 2 at the lake will be addressed
down
the road.
I
I
CITY COUNCIL MINUTES Novenber 8, 2005
4. PUBLIC HEARINGS (Continued)
Mayor pro tem Cavecchc asked for assurances from staff that thc traffic mitigation dollars are
going to be present to bc able to do something now on Chapman Avenue and verified that the
dollars will be coming from this project, TSIP fecs and the supplemcntal fees frolll Thc Irvine
Company beforc construction builds. She stated the nced for the improvemcnts to be a priority.
Shc asked for the number of homes in SHIl and EO Area 1, indicating that before Ithe tentative
tract map are awarded, the Council needs to have an idea of when the next traffic studly will be.
Mr. Miller rcsponded 1500 homcs in SHII and 900 in EO Area 1.
Mayor pro tem Cavecche asked about thc possibility of doing another traffic study i 1 connection
with Area 2. She asked about the number of residents living in the development when thc TTM
for Area 2 is brought to Council for approval.
Mr. Miller responded 200-300
units.Mayor pro tem Cavecche stated that over the next few years, the environmental regu lations
could change drastically and it may be unknown what thc requirements for the build willl e on Area
2.She further stated that as the dcvelopment progresscs, she would like to takc a 100), even if
the City incurs the cost, at the traffic implications to the City before starting on Area
2.Mavor Mark Murphv - asked for information on thc sports park location, its conduciveness to
sports activities, and what conccrns need to be addressed or arc yet to be determincd.
Mr. Miller stated that the Park Planning and Development Commission held three public
hearings to address these qucstions.
Community Services Dircctor, Gary Wann stated that scveral types of studies have occurred on
the park issues and that he felt this would be a high-end activity park, with full activity
occurring over 6- 7 days of the week. He stated that moving the park closer to ncighborhoods would
crcatc problems. He reiterated that the design of the park was formulated over several y,ars and
that the park amenities will address some of the concerns noted in the City's overall park
system.Mayor Murphy expressed his concern on the possibility of changing economic conditions
that may affect financial aspects of the development. He ask cd for clarification that the difference
in the percentage of the tax split negotiated with the County was not the determining f2ctor in
terms of the positive outcome of thc financial
evaluations.City Manager, John Sibley responded that the actual tax split negotiation and apI'fOval by
the County and the City occurrcd in 2003. He explained that the agreed upon split of the taxes
for the area being developed was 69% for the City and 31 % for the County. He then stated that
the fiscal impact report showed a $35,000 annual surplus, recurring each year. He adc ed that
thcrc is a $639,000 contingency and a very high rate of general government that is appro:cimatcly
4%.He concluded by stating that all other costs-public works, maintenance, fire, poli;c,
etc., have been calculated into
the report.
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
Mayor Murphy stated that progress-type reporting and progress-evaluation of
the development are important. He stated his desire for a plan to reassess the traffic situation in two to
three years down the road once homes are occupied. He stated that once approved, the
development could be constructed any time within the next five to six years. He stated the need to
obtain assurances that the expectations are being met or exceeded and that good management and good
tools are needed to manage financial and
traffic issues.Mr. Miller commented that in addition to the $400,000 payment at the start of
the project,combined with the fact that the fire station would not be built until later in the
development, the City would be able to build up revenue. He added that the calculations of the fiscal
report were
very conservativc.Mayor Murphy clarificd the ability to utilize the trails from Orange Park Acres to
Black Star Canyon. He also clarified that agreements with the HOA will be entered into,
specifying that areas within the new communities will be accessible, to cnsure no changes to the access
of
the trails.Mayor Murphy also asked how The Irvine Company would start the dialogue
with interested groups wanting to establish a church in
the area.Mr. Miller responded that up to now, groups that have expressed an interest in a
church have been instructed to contact The Irvine Company, and any future inquiries can also be
directed to The Irvine Company. He added that it is common to see church groups using
schools and community centers and that the available land in the projcct is hilly terrain
and environmentally sensitive that may not be conducive
to building.Mayor Murphy asked if Mercy Housing has been officially engaged to manage
the affordable housing program. He also asked if the target for number of affordable units
was 160.Mr. Miller responded that a Letter of Intent has been cntered into with Mercy Housing,
which is the first step to obtaining debt financing. He stated that currently 128 units are
designated as affordable homes in the development agreement. He indicated that the number
of designated units is determined by the amount of debt
financing obtained.Discussion occurred clarifying that the water basin management agreemcnt and
the Natural Treatment System (NTS) are scheduled to bc considered at the Irvine Ranch Water
District board meetings in the
near futurc.
Council Questions Mayor pro tem Cavecche asked about the timeline to building the Weir Canyon off ramp
at the Toll Road. She indicated it is hoped that this off ramp will alleviate some of
the congestion causcd by commuters driving through
the City.
I
I
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
Bryan Austin of The Irvine Company indicated that there is an obligation to complete this off
ramp at 421 units into the eastern portion of the City of Anaheim's Mountain Park project which
is roughly three years from now.
Mayor pro tem Cavecche asked the City Manager to identify road maintenancc funding
generated by the developmcnt to be set aside speci fically for the east side area. 5 he indicated
full support for the direction to build checkpoints into the project, ensuring the traffc conditions
detailed in the reports are bcing realized.
Councilmcmber Dumitru asked if there existed a plan in the event an archaeolc,gical site IS
found.
Principal Planner, Ed Knight responded that the E1R covers this scenario. Any found artifacts
are removed and sent to a storage facility at the County, which the developer p lYS for. Hc
indicated that an archaeologist would be on site; and has the authority to stop the project until the
issue is evaluated. He added that if bones are found, the coroner is called and if it i; determincd
the bones are Native Amcrican, the local tribes are notified.
Mr. Miller responded to a question from Councilmember Dumitru, indicating that the equestrian
center consists of roughly four acres.
Councilmember Dumitru expressed a desire to scc the equestrian center succeed, but if thc
equestrian center is not successful after a sIgnificant period of opcration,
WOUlj
there be a
possibility to immediately establish a commercial-rctail site with a sales tax
base.Mr. Knight respondcd that the zoning currently is commercial-recreational, ad ing
that an equestrian operation is the only viable use for this zoning. He indicatedthat Alterm.tive 4
of the EIR-a six-acre, 30,000 square foot commercial center-was
rejected duc to traflc concerns.He concluded that the zoning would permit commercial-
retail if the equestrian facility failed.Councilmember Ambriz askcd whether the financial report that was said
to have US( d figures for a worst-case scenario, took
into consideration the elimination of Area 3.City Manager, John Sibley stated that the additional
costs of providing sef\ices to and maintenance of Area 3 versus the property tax was
determined not to be a significant loss.Councilmcmber Ambriz commcnted that providing
thc basic infrastructure to Area ~ would have been very high. He also asked about an estimatcd $3.6
million commitment made by the City to the Grijalva Park gymnasium/community center-a
figure refercnced in a recent memo from thc Community Serviccs Director. Hc ask cd whether
the $4.2 million being received from The Irvine Company would cover that figure, stating that
the costs to operate the ccntcr 'vill continue to incrcase, and added that there existed a necd
to prepare
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Sibley responded that the total picture for the Grijalva Park plan would require
approximately $10 million. He indicated that the Master Plan would address an amphitheater,
aquatic center, trail connections, Santiago Creek enhancements and pedestrian bridge crossing.
He detailed the sources of funding-$3 million in grant money, $1 million in Foundation pledge
money, as well as additional funding from 511 (Quimby Act) funds. While the $4.2 million
from the Irvine Company will assure completion of the facility, it will not cover everything and
that additional Quimby money will be needed. He stated that in fact, there are soft costs. He
commented that this money is currently earmarked and Grijalva Park is the best place to spend it,
but that Council can assign thc money elsewherc, adding that other park improvements have
their own funding idcntified. He concluded by stating that this plan is the only way to ensure
that the community center is built.
In response to questions from Councilmember Ambriz on library funding needs, Mr. Sibley
stated that the Library is an important project made possible by $9.6 million in state library bond
money and library fees, concluding that the Library project is fully funded.
Councilmember Ambriz stated that although fully funded, fundraising is ongoing to cover
anticipated operational costs and maintenance for the future Library/History Center. He
commented that another idea to consider for use of the difference between the $3.6 million and
the $4.2 million was a $200,000 traffic connection near Orange Hill Restaurant, which would be
a key connector for the horse trails. He concluded that he is willing to give up the three acres to
obtain the additional money for the Grijalva Park facility.
City Attorney, David DeBerry explained that the Development Agreement offers a long-
term lease for operation of the equestrian staging area, envisioning that the search for an
opcrator could continue for years. He indicated that the land has to be conveyed by the time the
350th Certificate of Occupancy for Area 2 is issued. If these efforts were exhausted to no avail,
any other proposed usc of the property would have to come back for
review.Councilmember Smith asked about the status of the sanitation district agreement to
provide sewer scrvices to the
project.Irvine Company Senior Vice-President, Dan Miller responded that the IR WD would
provide this service and spoke to the fact that the Santiago County Water District would
bc consolidating
with IRWD.Councilmember Smith asked if the development plans call for level
lighting in
the residential areas.Mr. Miller responded that as long as public safcty concerns can be addrcssed,
thc low level lighting would be installed particularly in Area
1 and 2.Councilmembcr Smith asked for thc size dimcnsions of thc
convenience-commercial
option in
I
I
CITY COUNCIL MINUTES NoveT1ber 8, 2005
14. PUBLIC HEARINGS (Continued)
Mr. Miller indicated that the arca is 4.5 acres with an estimated possible 40,000 squarc foot
commercial operation.
Councilrnember Smith stated her concern for bus transportation being provided to the low and
very-low income residents in the
area.Mr. Miller responded that OCT A provides the busses and detennines the routes. He added
that the construction of the roads would provide bus
cutouts.Councilmember Smith asked about the landscape plan. She indicated that the Cour cil had
becn bricfed and receivcd documentation on the landscape plans. She asked what the
replacement process would be for the Oak and Sycamore
trees.Mr. Miller responded that thc Design Review Committee and the Planning Corrmission
had revicwed the landscape plan. He indicated that 1 % of the Oak trecs currently on th: land
would be removed. He further stated that the City has a 2-to-l-rcplacement requirement,
b lt The Irvine Company is planning
a 20-to-l-replacement ofnativc trees.Mr. Miller responded to a question from Councilmember
Smith stating that the flans call for providing architectural features
on all
four sidcs of the buildings.Council Comments Mayor Murphy commented that he did not remember a project that
had as much put lic input and testimony as this one and thanked those who have
been involved all along over fou:' consecutive meetings. He stated that this project is the
type that will permanently impact the whole community and felt that it was most important to extcnsively review
it, but that the
I,roject would be better for it.Councilmember Ambriz stated that he echoed the Mayor'
s comments. He stated thlt the project has gone on for a long time-citing 1988 as the starting
point. He addcd that the public has been given the opportunity for input, the
testimony has been considered, and concessiols have been made based on the concerns. He stated
his readiness to go forward with the project.Councilmember Dumitru commended all those who
spoke - whether in oppositioH or in favor.He notcd his opposition to the project in 1988 when the project
was first consider,:d due to the size of the commercial-retail and the large numbcr
of housingunits. He then commcnted on the 1996 - 2000 version
which he thought was still too large.Councilmember Dumitru stated his apprcciation for
The lrvinc Company taking thc public's intcrest to heart and listcning. He indicated
that thc scoping meetings provided a valuablc resource for changcs to the project. He indicatcd that the
benefits for the city wilh the project going forward were tremendous, along with the overriding concern
that if the City did not keep local control of the project then the County could, in
fact, force
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Dumitru mentioned how the project will impact the City, including parks,
traffic, trails and open space. He cited the two years of public review, including 60 meetings
which resulted in millions of dollars in mitigation - $1.2 million in reoccurring surplus. He also noted
the large number of affordable units - the largest affordable project undertaken in the City.He indicated
that the project was worthy of support, and complemented The Irvine Company for bringing forward
a plan, which is now more compatible to the community than previous plans.He indicated
his appreciation for the many acres dedicated and tied into the nature conservancy and the
U. S. Forest Service. He mentioned the gifts given to the scouts and others that are a huge benefit
to the community, providing another outlet for the youth. He added that it is a good plan, a
good opportunity for Orange and a good idea to keep local control.Councilmember Smith
commented on the involvement and energy coming from the community on this
project. She added that Orange is a good City and that there has been a great deal of staff efforts
committed to the project. She stated that the history of the City affected her decision on
the project. She reviewed a brief history of the City, stating that in 1950 the population was
10,027 people. She stated that there was a time that the only four things east of the Chapman
grade were Orange Park Acres (OPA) - which only had 600 people living there in 1964; Bobby & Jean'
s Restaurant; thc dump; and Irvinc Park; noting that this project is not the first time that
development has occurred in East Orange.Councilmcmbcr Smith indicated
that devclopment of the area began in the 1970's and anything built since that
time is part of thc East Orangc dcvclopment. She added that when the development in East
Orange first began many ycars ago, rcsidents living on the west side of Orange were not
happy, but that Orange has a tradition and hospitality to cxtcnd and welcome people into the
yet undeveloped portion ofthc City.Councilmember Smith commented
on thc dccision being difficult for her. She added that the area has already
becn drastically changed since the early days in Orange by thousands of homes,the presence of
the toll road and the amount of traffic on Santiago Canyon Road that exists now.Councilmember Smith stated
that the views are spectacular and added that Orange is very fortunate to have
the land reserves all around the project-which will border the city. She stated that she
is not thrilled at the proposal, but realistically the property owners, The Irvine Company,have the
right to develop thcir property just as any other property owncr has the right to build on their property.
She concurred that the City is now able to address the growth, and if the project is denied,
the dccision to build on the land will comc from another source-rendering Orange unable
to control the destiny of the City.Councilmember
Smith stated that thc projcct is not perfect, it is not finishcd, and it needs further discussion,
which will continuously occur. She expressed hcr excitement at the access thc project
will provide to the area with the trails, noting that at the moment, access to the land is limitcd.
Shc thought that with the community input, and working with The Irvine Company over
the years, has produccd an acceptable project. She stated that she would be voting for thc proj
ect.PAGE
24
I
I
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
Mayor pro tem Cavecche indicated that she has been involved in this project since s e came onto
the Council four years ago. She indicated that for her, the finances ofthc project ha to work out
in favor of the City of Orange. She said the current taxpayers and rcsidcnts are n presentcd by
the Council and for their sake the financial aspcct had to work out. She stated the reed for some
checkpoints being put into place over the next couple of years to ensure the vi bility of the
proj ect.
Mayor pro tem Cavecche indicated her desire to have a commercial center that me ets the needs
of the residents moving into the development. She is interested also in providing th opportunity
to cstablish a church in the area - place for the residents to worship. She addcd hat the trails issue
was very important - to be able to hook up to the present trails and allow pe pie to cnjoy the equestrian
lifestyle and have acccss to the trail system.Mayor pro
tem Cavecche commcnded the community for the amount of work thc have put in addrcssing thc
project, indicating the number of study sessions and thc time that wa put into this project - with
give andtake occurring on both sides. She noted that the HOA will e required to keep the trails
open. There are still a few things to be worked out-a couplc )f equestrian crossings at
Chapman and Newport, Canyon Vicw and Jamboree, and Newport Avenue and Santiago Canyon
Road. She stated that with some of the voluntary supplemcnt fees the crossings could be
addressed.Mayor pro
tem Cavecche then added that the biggest issuc for her was the traffic. ;~hc indicated that the
amount of money that the company was offering was not enough; however, with the City Manager negotiating
for more - the increase of over a million dollars, there is enough to mitigate the traffic problems
as needed. She indicated that the Council must make a commitment to alleviate the problems
that now exist.Mayor pro tem
Cavecche addressed the fact that The Irvine Company owns the land that the project is being
planned for. She indicated that it is correct to say that the develoJ'l11ent of East Orange began a
long time ago - naming a few of thc projects that have been approv ~d in the area over the years. She
stated that the City has negotiatcd thc best deal possible wih The Irvine Company. She added that
monitoring of the project must occur as development tak,~s place. She asked that checkpoints be
put into place to ensure that the project is not going to overpower the currcnt residents there. She
indicated that thc City staff and the Council will nced ,to be diligent to oversee the project
for perhaps the next ten years. Shc indicated her readiness () vote for the project minus Area 3.
Mayor Murphy statcd that
hc had been a part of the first review when thc Santiago Hills II project was proposed in
2000. Hc indicated that some people look at this as 4,000 homes being brought in; however, back
in 2000, 1,600 homcs were approved and the entitlements are still there to build that
many homes should the City deny the project.PAGE 25
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
Mayor Murphy agreed with the need to address traffic, trails, crossings, commercial areas,
churches and financial aspects of the project. He indicated that some modifications to the
Development Agreement were needed to analyze the financial picture and the traffic impacts, but
that concurrence was needed from the applicant. He spoke to the need for the checkpoints,
whether being triggered by Certificates of Occupancies being issued or certain number of units
being built - that another traffic analysis and financial review be performed to ensure that what is believed
to be planned for and what is intended to see happen is actually on process. He asked for
concurrence from the Applicant.Irvine
Company Senior Vice-President, Dan Miller agreed conceptually to the tJmmg
approach-working out the timing and measurements of progress, which is when the details
are addressed. He mentioned that The Irvine Company is preparing progress reports, but said
that Council may want to direct The Irvine Company and staff to work out the language in
meeting the
intent.City Attorney, David DeBerry stated that what could happen is that at a certain point in
the project there would be reports generated that would test the validity of the traffic analysis
done for the draft ErR, as well as the fiscal impact analysis to determine whether or not the
projections were accurate. He added that if the projections were not being realized, the parties
involved would then sit down to reach an agreement as to how to make up the deficit. He
indicated Council could give that type of direction to staff and the language would be prepared
and documented for a revised Developmcnt Agreement to be
considered.Mayor Murphy stated that although the intentions are good, he preferred the details in
writing.City Manager, John Sibley indicated that he understood the intent of a midstream calculation
and adjustment, if necessary. He indicated that all parties could meet and devise benchmarks
for revicw. He indicated that there will be further traffic and/or fiscal mitigation required and
that language will be drafted for Council
consideration.Mr. Miller stated that at this time identifying a particular unit or one particular Certificate
of Occupancy would be difficult to commit to; however, he statcd his desire for the data to
be
meaningful.Mayor Murphy stated that both parties need to be agreeable on the terms and that the project
as promised needs to deliver on its goals. He also agreed with the City's nccd to commit to
dcliver the traffic improvements, as soon as fiscally possible, and preferably before the increase in
new residents begins. He commented that change is difficult especially with the proud hcritage
of the ranch. He indicated that the benefits of the project to the entire City, along with
providing much needed housing for the community causcd the project to pass his test for approval - along
with the caveats stated to the Devclopment Agreemcnt. He indicated that the caveats are import
to ensurc the City rcccives thc promised benefits.
PAGE 26
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CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
Conncil Action
RESOLUTION NO. 10018
A Resolution of the City Council of the City of Orange (a) Certifying the Adequacy of Final
Supplemental Environmental Impact Report (SEIR) 1278/Final Environmental Impact Report
EIR) 1716 (SCH#1988110905) for the Santiago Hills II and East Orange Planned Communities
Project, Consisting of General Plan Amendment (GPA) No. 2003-0001, Zone Charge (ZC)
No.1218 & 1219, Runoff Management Plans for Santiago Hills II and East Orange
Planned Communities (ROMPS), Santiago Hills II and East Orange Design Guideliles (
Design Guidelines), Tentative Tract Maps 16199,16201, 16514, Conditional Use Permit :~488-
03, Pre Annexation Development Agreement between the City of Orange and The
Irvine Company Dcvclopment Agreemcnt) and MPAH Amcndments (b) Adopt Findings of Fact, (c)
Adopt a Statcment of Overriding Considerations, and (d) Approve
the Projcct.Applicant: The
Irvine Company MOTION -
Ambriz SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved
to approve Resolution No. 10018; noting the removal of Area 3, and negotiate a mcans to verify
the accuracy of traffic and fiscal projections during a midpoint in the development proccss to
ensure the effectiveness of mitigation for those impacts.RESOLUTION
NO. 10019 A
Resolution of the City Council of the City of Orange Approving General Plan Amendmcnt No.
2003-0001 that will Rescind the East Orange General Plan Adopted in 1989 wd Establish
Goals, Policies, Implementation Measures, Text, and Figures to the City of Orange (ieneral Plan
and includes Changes to the Introduction of the General Plan, Land Use Element, Circulation
Element, Open Space/Conservation Element, Safety Elemcnt, Noise Element, md Historic
Preservation Element that Comprehensively Addresses Long Range Planning for Santiago Hills
II and East Orange Planned Communities.
Applicant: The Irvine Company
MOTION - Ambriz SECOND -
Cavccchc AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
Resolution No. 10019.PAGE 27
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 13-05 (FIRST
READING)An Ordinance ofthc City Council of the City of Orange Approving Pre Zone Change No.
1218 that makes Minor Amendments to the Adopted Santiago Hills JJ Planned
Community
Regulations.Applicant: The Irvine
Company MOTION - Ambriz
SECOND - Cavecche AYES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Moved that
Ordinancc No. 13-05 be read by title only and same was set for second reading by the
preceding vote.ORDINANCE
NO. 14-05 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Pre Zone Change No. 1219
that will Establish the East Orange Planned Community that includes a Zoning Map with a PC
Designation and a Development Plan to Allow the Construction of a 2,300 Dwelling Unit
Development that includes Public Parks, Trails and Native Open Space on Property Located
East of SR 241/261 and North and South of Santiago Canyon Road.
Applicant: The Irvine Company
MOTION - Ambriz SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved that Ordinance
No. 14-05 be read by title only and same was sct for second reading by thc preceding
vote.ORDINANCE NO.
15-05 (FIRST READING)An
Ordinance of the City Council of the City of Orangc Approving a Pre Annexation Development
Agreement for Santiago Hills WEast Orange Planned Communities (Development Agreement)
by and between the City of Orange and The Irvine Company.Applicant:
The Irvine Company MOTION -
Ambriz SECOND - Murphy
AYES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Movcd that Ordinancc No.
15-05 be read by title only and same was set for second reading by thc preceding vote;
with direction to staff to negotiate a mcans to verify the accuracy of traffic and fiscal projcctions
during a midpoint in the dcvelopment process to ensure the effectiveness of mitigation for
those impacts.PAGE 28
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I
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10020
A Rcsolution of the City Council of the City of Orangc Approving Runoff Management Plans
for the Santiago Hills II and East Orange Planned Communities (ROMPS).
Applicant: The Irvine Company
MOTION - Ambriz SECOND -
Cavecchc AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
Resolution No. 10020.RESOLUTION NO. 10021
A Rcsolution of
the City Council of the City of Orange Approving Design Gl.idelines for SantiagoHills II
Planned Community and East Orange Planned Community Area 1, and Conceptual Design Guidelines
for East Orange Planned Community Area 2.Applicant: The Irvinc
Company MOTION - Ambriz SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche,
Dumitru Moved to approve Resolution No. 10021.
RESOLUTION NO. 10022 A Resolution of
the City Council
of the City of Orange Approving Tcntative Tract Map 16199 to allow thc Subdivision of 201.
1 Acres of Land for aRcsidcntial Development that could Permit up to 405 Dwelling Units,
along with a Public Local Park Site and Pem anent Open Spacc on property located on the
East Side of Jamborcc Road, South of Santiago Canyon Road and West ofSR 241/261.Applicant:
The Irvine Company MOTION - Ambriz
SECOND - Cavecchc AYES - Smith,
Ambriz, Murphy, Cavecche,
Dumitru Moved to
approve Resolution No. 10022.PAGE 29
CITY COUNCIL MINUTES November 8, 2005
14. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10023
A Resolution of the City Council of the City of Orange Approving Tentative Tract Map 16201
to allow the Subdivision of 270.9 Acres of Land for a Residential Development that could
permit up to 1,103 Dwelling Units, along with a Local Public Park Site and Permanent Open
Space on property located on the East Side of Jamboree Road, South of Irvine Regional Park
and West of SR 241/261.
Applicant: The Irvine Company
MOTION - Ambriz SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecchc, Dumitru Moved to approve
Resolution No. 10023.RESOLUTION NO. 10024
A Resolution of
the City Council of the City of Orange Approving Tentative Tract Map 16514 to allow the
Subdivision of 426 Acres of Land for a Residential Development that could permit up to 1,
018 Dwelling Units, along with two (2) Local Public Park Sites, a 20.1 Acre Community Sports Park Site
and Permanent Open Space on Property located on the East Side of SR 241/261, North
of Santiago Canyon Road and South ofthe NCCP Boundary.Applicant: The Irvine
Company MOTION - Ambriz SECOND -
Cavecche A YES -
Smith, Ambriz, Murphy,
Cavecche, Dumitru Moved to approve Resolution No. 10024.
RESOLUTION NO. 10025 A Resolution of
the City Council
of the City of Orange Approving Conditional Use Permit CUP) No. 2488-03 to allow
thc Developmcnt of a l28-Unit Affordable Housing Apartment Complex for Very Low
Income Family Households on a 3.96 Acre Site located on Lot 323 of Tentativc Tract Map 16201,
locatcd North of Santiago Canyon Road, West of SR 241/261 and South ofIrvinc Park.Applicant:
The City of
Orange Rcdeve10pment Agency MOTION - Ambriz SECOND - Cavecche
AYES - Smith, Ambriz,
Murphy, Cavecche, DumitfU
Moved to approve Resolution No.1 0025.
PAGE 30
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I
CITY COUNCIL MINUTES Novcmbe[ 8, 2005
14. PUBLIC HEARINGS (Continued)
14.4 GRIJALVA PARK EXTENSION CONCEPTUAL MASTER PLAN -- CAPITAL IMPROVEMENT
PROJECT NO. 0151; GENERAL PLAN AMENDMENT 2005-0001;
ZONE CHANGE 1233-05; MAJOR SITE PLAN REVIEW 0402-05; DESIG'
I/ REVIEW 4014-05; SUBSEQUENT MITIGATED NEGATIVE
DECLARATION NO. 1753-
05.C2500.Mo4.20)Time set for public hearing to consider the conceptual plans for development
of a public park,including a gymnasium, community center, aquatic center, skate
park, tot lot, outdoor amphitheater, restroom, passive use area, parking and
circulation improvements UJon property located at the northwest corner of McPherson Road and Spring Street,
adjacent to Grijalva Park.NOTE: Staff has rcquested this item be continued
to Dccember 13,
2005.MOTION - Murphy
SECOND - Cavecche AYES - Smith, Ambriz, Murphy, Cavecche,
Dumitru Moved to continue to December 13,
2005.IS. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT
The City Council adjourned at 10:40 p.m.
The next Regular Council Meeting is scheduled for November 22, 2005.
Dcclaration of City Clerk, Mary E. Murphy, declaring posting of City Council agcnda of a regular
meeting of Novcmbcr 8, 2005 at Orange Civic Ccntcr kiosk, Police facility at 1107 ],orth Batavia,
Shaffer Park; all of said locations bcing in the City of Orangc and freely accessible to IT embers of the
public at least 72 hours beforc commcnccmcnt of said regular meeting; and available at th ~ Civic Ccnter
City Clcrk's Office and Main Public Library at 101 N. Center Strect.
fA ~
MAR . . RPHY
C~K
MARK A. MURP
MAYOR
PAGE 31