HomeMy WebLinkAbout4_26_2005 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON MAY 10, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 26, 2005
The City Council of the City of Orange, California convened on April 26, 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 Rev. R. Winston Presnall, First Presbyterian Church
I.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Ambriz,
Murphy, Cavecche, Dumitru None 1.
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PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation recognizing
the efforts of Shauna Fleming and Lutheran High School for the A
Million Thanks program; to send a Million thank you letters to our troops.Note: This
Proclamation was not presented - Will be rescheduled.Proclamation honoring Arbor
Day in the City of Orange; and invitation to tree planting event on April
30th on the 200 Blocks of South Oak and South Wayfield and the 1700-2000 blocks of
East Palmyra.Presentation from C-
Company 1/160th Infantry (Mechanized) Family Support and Readiness group
to the Fire Department for their continued support and contributions of our soldiers
and families.Presentation of
Resolutions to Duane Weiss (not present) Mark Wayland, George McKinney and
Greg Adams (not present) of the Orange Fire Department upon their retirement.Mayor
Murphy
announced the City Council will adjourn in memory of Frank H. Greinke,Chairman Emeritus
of SC Fuels (formerly Southern Counties Oil); long time friend and active citizen
ofthe City of Orange.2.PUBLIC
COMMENTS - John Baker, 1051 Arbor Way, spoke on a proposed development at Maple
and Pixley.PAGE 1
CITY COUNCIL MINUTES April 26, 2005
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 April 7 and 14,2005.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting April 12, 2005;
Adjourned Regular Meeting April 12, 2005; Adjourned Regular Meeting April 18,
2005; and Adjourned Regular Meeting April 19, 2005. (C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
3.4 Receive and file the City Treasurer's Report, period ending March 31, 2005.
C2500.F)
ACTION:Approved.
APPROPRIA nONS
3.5 Appropriation of funds received from Santa Ana College for Fire Department
training. (C2500.H)
SUMMARY: Santa Ana College offered a program which paid the Fire Department
2.50 per person for each hour of training provided. The Fire Department recently
received a check in the amount of $18,361.25 from Santa Ana College. It is
recommended that this money be appropriated for use in improving the Fire
Department's overall training program.
ACTION: Appropriated the following from the umeserved balance of the General Fund
Account No.:
100-3023-429400-2529 $18,361.25 (Santa Ana Fire
Training Grant 04-05)FISCAL IMPACT: None. Grant funds have already been received
from Santa
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CITY COUNCIL MINUTES April 26, 2005
3.CONSENT CALENDAR (Continued)
3.6 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. Automobile Club subrogee of Richard Halverson
b. Carla Pilla
c. Erika Uselman
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.7 Award of Contract - Bid No. 045-42; Women's Restroom Remodel at City of
Orange Civic Center, Public Works Building (SP 3514). (A2100.0 Agr-
4668)SUMMARY: The Bids were received and opened on March 31, 2005. Eight
contractors responded to the invitation for bids. The low bidder is DLS Builders for $40,195.
00.ACTION: I) Transferred $46,000.00 from 100-0000-
426700-0000 to 725-5028-481105-9807 (Women's Restroom Remodel); and 2) Awarded
the contract in the amount of 40,195.00 to DLS Builders, 1975 N. Batavia
Street, Orange, CA 92865 and authorized the Mayor and City Clerk to
execute on behalf of the City.FISCAL IMPACT: Upon transfer, funds will
be available in the following account:725-
5028-481105-
9807 $46,000 Women's Restroom Remodel PARCEL MAP 3.8 Parcel Map No. 2004-302 - Del
Rio - Request for approval. (C2500.M.16.2)SUMMARY: Parcel Map No. 2004-
302 creates four parcels for the purpose
of future tract developments for the Del Rio Project.ACTION: Approved the
Final Parcel Map No. 2004-
302, and accepted
dedication of
CITY COUNCIL MINUTES April 26, 2005
3. CONSENT CALENDAR (Continued)
3.9 Parcel Map No. 2004-163 - Hedley Bizctr - Request for approval. (C2500.M.16.2)SUMMARY:
Parcel Map No. 2004-163 creates one parcel as an industrial condominium
at 313 W. Grove Avenue.
ACTION: Approved the Final Parcel Map No. 2004-163, and accepted dedication
of right-of-way for
West Grove Avenue.FISCAL
IMP ACT:
None.PROPERTY PURCHASE 3.10 Purchase of a strip of land for street widening at 140 N.
Prospect Street (Crystal Clean Carwash). (A2l
00.0 Agr-4669)SUMMARY: Acquisition of a small strip of land for widening
of the Chapman Avenue
and Prospect Street intersection.ACTION: Authorized the Mayor and City Clerk to execute
escrow and related documents concerning the purchase of a strip of property at 140 N. Prospect Street,
to be used in connection with widening the Chapman Avenue
and Prospect Street intersection.Purchase price is $17,355.00
plus related escrow costs.FISCAL IMPACT: Funds are available
in the following account:550-5011-483300-3226 $
17,
355.00 ChapmanlProspect Critical
Intersection Widening PURCHASES REMOVED AND HEARD SEPARATELY)3.11 Purchase of Two AP2C(
e) Chemical Agent Detector Kits. (C2500.H)SUMMARY: This request is in
support of purchasing two chemical warfare agent detectors to meet the needs of the
community, expand Fire Department capability to meet the ongoing threat of terrorism,
and providesafety for Fire Department employees.Discussion - Counci1member Dumitru asked
if the department had looked into purchasing the kits with grant money. Fire Chief
Bonacker indicated that the source of the funds to purchase the kits is Proposition
172
money allotted
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CITY COUNCIL MINUTES April 26, 2005
3.CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
Dumitru Ambriz
Smith, Ambriz,
Murphy, Cavecche, Dumitru ACTION: Authorized purchase
of two AP2C(e) chemical warfare agent detector kits from Aramsco Products
Incorporated. The total amount for both detector kits is 36,522.00.
Aramsco was determined to have the lowest cost of all vendors surveyed. A total of three
vendors were asked to bid on this purchase.FISCAL IMPACT: Funds
are available in Account 120-3021-449400 (Fire Suppression /Safety
Equipment).3.
12 Fire Station Telephone System Replacement. (C2S00.H)3.
13 SUMMARY:
Replace and re-wire entire telephone systems at Fire Stations No.2, 3, 4,
6, 7 and Fire Prevention. Upgrade existing telephone system at Fire Station No.5.
ACTION: Authorized purchase of telephone system from Integrated Technology for the
amount of $63,728.84; and appropriated $3,730 from the unreserved fund balance of the
Proposition 172 (Fund 120) to Account 120-3011-481200-2513 (
Fire Station
Phone System Replacement).FISCAL IMP ACT: After appropriation, funds will be available
as follows: Account 120-3011-481200-2513 - $63,730 (
Fire Station Telephone System replacement)Refacing Traffic Control Signs from ZAP Manufacturing,
Inc. on a sole source
basis. (S4000.S.3.3)SUMMARY: The Public Works Department
had been working with ZAP Manufacturing, Inc. to waterblast and reface various
traffic control signs throughout the City. Currently, this process has been utilized in the amount of $
25,000. It is anticipated the City can meet its goal of sign replacement this year with
a final
purchase order of 12,500.ACTION: Authorized the refacing of various
traffic control signs from ZAP Manufacturing, Inc. as the sole source supplier, in an amount
not to exceed $12,500.FISCAL IMP ACT: Funds in the amount of $12,900 are
available in Account No. 273-
5032-446600,
CITY COUNCIL MINUTES April 26, 2005
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 9967 (ORI800.0.19)
A Resolution of the City Council of the City of Orange expressing appreciation to Joe
Fortier of the City Traffic Commission and commending him for over sixteen years of
loyal and dedicated service.
ACTION: Approved.
3.15 RESOLUTION NO. 9968 (ORI800.0.19)
A Resolution of the City Council of the City of Orange expressing appreciation to Frank
Sciarra of the City Traffic Commission and commending him for over sixteen years of
loyal and dedicated services.
ACTION: Approved.
TRACT MAP
3.16 Tract Map No. 16130 - Request for acceptance of the public streets and authorize the
release of the improvement bonds. (T4000.0 TRM-16130)
SUMMARY: Tract Map No. 16130 has been completed. The public streets, storm drains
and sewers have been completed and are acceptable for public use.
ACTION: Accepted the public streets, storm drains and sewers for Tract 16130, which
includes Kendra Drive, Hampshire Road, Cheshire Road and Eaton Court.
FISCAL IMP ACT: None.
MOTION
SECOND
AYES
Cavecche Ambriz
Smith, Ambriz,
Murphy, Cavecche, Dumitru Item 3.Il
was removed and heard separately, all other items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR MURPHY - None.PAGE 6
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CITY COUNCIL MINUTES April 26, 2005
5. REPORTS FROM COUNCIL MEMBERS - None.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE
REPORTS 7.1
Award of Contract - Bid No. 045-37; Orange Main Library and History Center expansion and
renovation (Project No. SP-3436). (A2100.0 Agr-4670)
SUMMARY: Bids for expansion and renovation of the Main Library and History Center were
received and opened on March 29, 2005. Eight contractors responded to the invitation for bids.
The low bidder is Woodcliff Corporation for $12,834,000.00.
Discussion - Library Director, Nora Jacob, provided a history of the project. She indicated that the
need for the additional unallocated reserve money was necessary due to the lowest bid coming
in over the expected cost of the project, along with additional unexpected inspection costs.
She added that the construction budget included a 5% contingency amount. This is a lower
contingency fund than normal, requiring strict adherence to the budget. She announced that
the re-opening of the newly constructed library is anticipated for the Fall, 2006.
Councilmember Dumitru asked for specific examples of the contractor's previous experience.
Ms. Jacob identified for Council the experience of the contractor on similar public projects,
namely several schools in the state, with contract amounts at the same level as this project.
Mayor pro tern Cavecche wanted to ensure that the surety bond company must be treasury listed.
She requested verification prior to the start of the work, adding that the Green Book on
construction projects requires this. She stated her concern with future change orders that are
normal for a project of this magnitude-that she would be diligent in looking at their
purpose and requested that Council be kept informed of each change order
requested.Ms. Jacob stated that in analyzing the bid, the project management team exercised due
diligence in flagging concerns which will be carefully monitored. She added that she would be
keeping Council informed of the progress and changes to the
project.In response to a question from Councilmember Smith concerning the project management,
Ms.Jacob identified the management team. Consultant, Michael Wolfe of the firm IDS
Consultants;Associate Civil Engineer, Majid Farhat managing the design side of the project; and Senior
Civil Engineer, Frank Sun managing the construction side of the project. She reiterated that
this amounted to a team of managers working to oversee all aspects of the project, with Ms.
Jacob serving as the lead
manager.PAGE
CITY COUNCIL MINUTES April 26, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Ms. Jacob announced that the groundbreaking ceremony would occur on Saturday, May 21,
II :00 a.m. to Noon on the west side of the grounds; and will be hosted by the Library
Foundation.
Councilmember Ambriz indicated that he had researched the background of the contractor and in
talking with staff, he concluded that the contractor has an extensive background with public
works projects.
Mayor Murphy asked about time penalties for delays and rewards for being ahead of schedule.
Ms. Jacob indicated that there are standard city penalties for delays--$2,000 per day. She then
announced that the address for the library will be 407 E. Chapman Avenue-the original City
of Orange Carnegie Library
address.
MOTION
SECOND
AYES Murphy
Smith Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to:
I) Award the contract in the amount of $12,834,000.00 to Woodcliff Corporation,1849 Sawtelle
Blvd., Suite 610, Los Angeles, CA 90025; 2) Authorize the Mayor and City Clerk to execute
on behalf of the City; and 3) Appropriate $2.1 million from unallocated reserves specifically, VLF
bond proceeds) in Fund 500 to Account No. 500-2001-481200-
9901.FISCAL IMP ACT: After appropriation, funds will be available in the following
accounts:500-
2001-
481200-
990
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552-2001-481200-9901
Sub-Total500-2001-
481200-9901 Total 6,
447,223.00 7,093,
466.00 13,540,
689.00
2,1 00,
000.00 15,
640,689.00 Capital Projects)State Bond Grant)VLF Bond Proceeds)7.2 Closure
of Orange's Main Library for construction and renovation, and temporary expansion of hours at the
EI Modena and Taft branch libraries during Main's closure, for approximately 15-
18 months beginning May 31, 2005. Also, waiver of reserve fees on library
materials and creation of a
two-day grace period for overdue library materials during that period. (C2500.1)SUMMARY: Major
construction and renovation of Orange's Main Library is slated to begin by or after Tuesday,
May 31,2005. Council authorization is requested to close the Main Library to the public
to ensure worksite safety; closure will last 15-18 months. During that time, effective
Monday, June 6, 2005, Council authorization is further requested to expand public service hours at the
EI Modena and Taft branch libraries. Finally, as a goodwill move, Council authorization is requested to
waive reserve fees on library materials and to
create a
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CITY COUNCIL MINUTES April 26, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Discussion - Library Director, Nora Jacob summarized the planned closure and details of the fee and
operating hours changes. She stated that the Friends of the Library Bookstore will remain open;
the EI Modena Branch will become the children's library and Taft Branch will become the adult
library during this time. She added that at the former Orange County Fire Authority building
on Water Street, library staff will work on applying radio-frequency tags on all 172,000
library materials. An Open House for Main Library neighbors will occur on Saturday, May 14
at 9:00 a.m; and community outreach will also occur for neighbors of the two Branch Libraries.
Council commented on the parking at the branch libraries; the use of computers at Santiago
Education Center on Katella; as well as the use of the Orange Progress and City utility bills to
advertise the changes. Ms. Jacob was commended for her determined efforts on behalf of the
project.
MOTION
SECOND
AYES
Cavecche Dumitru
Smith, Ambriz,
Murphy, Cavecche, Dumitru Moved to: I)
Authorize closure of the Main Library for construction and renovation, beginning May 31, 2005,
for approximately 15-18 months; 2) authorize temporary expansion of public service hours
at the El Modena and Taft branch libraries to 57 hours/week each (from the current 31 hours/
week) beginning June 6, 2005, during Main Library closure and extending approximately 15-
18 months; and 3) authorize waiver of reserve fees on library materials and creation
of a two-day grace period for overdue library materials beginning May 31, 2005, during
Main Library closure.
FISCAL IMPACTS: I) $70,466 in Library Services' operating budget funds will be saved
through maintenance of existing staff vacancies; 2) Expanding branch library hours will have no
additional fiscal impact; and 3) A 15 to 18 month closure of the Main Library for construction is
projected to reduce Library Services' total revenue from overdue fines and fees as well as book
reserves by 56% (e.g., from $90,000 per year to $40,500 in FY 05-06 during construction - or
projected revenue of $49,500).
7.3 Request to open and use the Main Library on Saturday and Sunday, June 4-5,
2005,for Shades of Orange. (C2500.
l)SUMMARY: Authorizes temporary re-opening to the public of Orange's
Main Library specifically to conduct a community event called Shades of Orange. This event seeks
to collect and preserve photos of the CypressStreet neighborhood/barrio to expand the diversity
of the library's local
history collection.
CITY COUNCIL MINUTES April 26, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Discussion - LibraryDirector, Nora Jacob reported that the Orange Barrio Historical Society,Chapman
University, Old Towne Preservation Association, members of the public who may want
to provide photos and EDA W, Inc. will be collaborating on the project. She added that a majority
of the funding is being provided by Chapman University.Mayor
pro tern Cavecche stated that this project had been a condition of approval of the University'
s new Specific Plan.MOTION
SECOND
AYES
Murphy
Cavecche Smith,
Ambriz, Murphy,
Cavecche, Dumitru Moved to approve request
and allow staff to open and use the Main Library for Shades of Orange from 10:00
a.m. to 5:30 p.m. Saturday, June 4, and from 12 noon-5:30 p.m. Sunday, June 5,2005.FISCAL
IMPACT: The
cost of two days' electrical power usage at the Main Library and $300 in operating budget
funds are the only direct fiscal impacts involved. Indirectly, a few staff members - e.g.,
the Library Director and local history librarians -- will adjust work schedules in order to be present; no
overtime will be charged.8. REPORTS FROM CITY MANAGER -
None.9. LEGAL AFFAIRS 9.1 ORDINANCE
NO 7-05 (
SECOND READING) (A2500.0 ORD-07-05 Massage)An Ordinance of
the City Council of the City of Orange Amending Chapter 5.56 of the Orange Municipal Code Pertaining
to Massage Establishments.Speakers Deborah Hatch,
348
E. Jacaranda Ave., spoke on the legitimacy of the profession and the City's testing proposal.Glenda
Bisbee, 2862-
C E. Frontera, Anaheim, spoke on medical history forms, CPR training and the
timing for implementation of the Ordinance.City Attorney,
David DeBerry explained that the medical history form is proposed to be a simple form requesting
that the customer inform the business of any existing medical conditions. He added that
currently-licensed massage technicians will be required to obtain CPR training by the date
they are required to renew their license.PAGE
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CITY COUNCIL MINUTES April 26, 2005
9. LEGAL AFFAIRS (Continued)
Councilmember Smith stated that the Health Insurance Portability and Accountability Act
HIP AA) laws require that the private health information be kept confidential and dictates the
handling of this information. This information can only be released with the permission of the
patient.
Mayor pro tern Cavecche added that customers at spas are already required to complete a short
medical check-off
form.MOTION - Ambriz
SECOND - Murphy AYES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Moved that
Ordinance No. 7-05 be read by title only and same was adopted and approved by the preceding
vote.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The
City Council recessed at 5:32 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
Organization: All Bargaining Units b.
Public Employee Performance Evaluation pursuant to Government Code Section 54957.Title:
City Manager c.
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 ofthe matters will not be considered in Closed Session.PAGE
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CITY COUNCIL MINUTES April 26, 2005
7:00 P.M. SESSION
12. PUBLIC COMMENTS -The
following people spoke on a proposed development at Maple and Pixley:Todd
Denning, 628 W. Maple.Benjamin
Naumann, 129 N. Parker.Pat
Hetherington, 139 N. Parker.Kathryn
Voigt, 154 N. Pixley.13.
PUBLIC HEARINGS 13.
1 TENTATIVE PARCEL MAP 2004-273, MAJOR SITE PLAN REVIEW 363-
04,NEGATIVE DECLARATION 1746-04 - GUTHRIE DEVELOPMENT
COMPANY.C2500.M.16.2 TPM
2004-273)Time set for public hearing to consider a proposal for the development of a 5-acre
parcel with a IS building industrial park. The project site is located on the south side
of Meats Avenue approximately 400 feet west of Glass ell Street (site address 434
W. Meats Avenue).To implement the proposal, the applicant has applied
for the following:A Tentative Parcel Map to subdivide the project site into
15 parcels; and A Major Site Plan Review to allow construction of buildings exceeding 10,
000 square feet.Staff Report - Community Development Director, Alice Angus provided the staff
report noting that the 15 individual lots will enter into reciprocal access and parking agreements.
She added that although the number of parking spaces required is 162, this project provided for
209 spaces.MAYOR MURPHY OPENED THE
PUBLIC HEARING John O'Brien, 3185 Airway Avenue, Costa Mesa, representing the Guthrie Company
stated his availability
for questions.John Baker, 1051 Arbor Way, Orange, commended
the project.MAYOR MURPHY CLOSED THE
PUBLIC HEARING Council Comments - Council commended the developer for the ample parking provided at
this
location.PAGE
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CITY COUNCIL MINUTES April 26, 2005
13. PUBLIC HEARINGS (Continued)
Council Action -MOTION -
Cavecche SECOND - Ambriz
AYES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Moved to Adopt Negative
Declaration 1746-04 as being prepared III compliance with the California Environmental Quality
Act (CEQA) Guidelines.RESOLUTION NO. 9960
A Resolution of
the City Council of the City of Orange approving Negative Declaration No.1746-04, Major
Site Plan Review No. 363-04 and Tentative Parcel Map No. 2004-273 to allow
the construction of a 15 building industrial center upon property located approximately 400 feet
west of Glassell on the south side of Meats Avenue at 434 W. Meats Avenue.
Applicant: Guthrie Development Company
MOTION - Ambriz SECOND -
Dumitru AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
Resolution No. 9960.13.2 GENERAL
PLAN AMENDMENT NO. 2002-0003, ZONE CHANGE NO. 1215-02,ENVIRONMENTAL
IMPACT REPORT NO. 1707-02, MAJOR SITE PLAN REVIEW
NO. 252-02, DESIGN REVIEW NO. 3786-02 - ARCHSTONE COMMUNITIES. (C2300.
E
GPA-2002-0003))Time set for public hearing to consider a project which involves the development
of an 884-unit apartment complex on a 20.81 acre site on the former Orange Drive in
Theater site (291 State College Boulevard). The project site is divided by the jurisdictional boundary
of the cities of Orange andAnaheim, with approximately 12.37 acres and 532 units within
the Cityof Orange and 8.44 acres and 3522 units within
the City of
Anaheim.The application entails:a General Plan Amendment creating a new high density residential overlay district
for the project site;a Zone Change from Light Manufacturing (M-l) to Planned Community (
PC) with a Specific Plan to establish alternative development
standards tailored to the project;a Major Site Plan Review to allow
multi family residential development; and a Design Review to ensure that the project
is compatible
CITY COUNCIL MINUTES April 26, 2005
13. PUBLIC HEARINGS (Continued)
Staff Report - CommunityDevelopment Director, Alice Angus began the staff report presentation
by announcing that the City of Anaheim had just approved the portion of the project in
their city. She indicated that Building A straddled the Orange-Anaheim border; and in
addition to the usual elements of a development, she commented on the need to adopt a Specific
Plan that had been prepared to ensure a quality development, addressing the exterior and interior
of the buildings, as well as the long-term maintenance. She commented on the collaboration
ofa number of jurisdictional issues, i.e., sewer services, police and fire services to ensure
that appropriate response would occur to needs within the respective
city.Ms. Angus added that two modifications to the conditions of approval before Council
tonight were I) the number of guests parking spaces v. tenant spaces (Condition No.9); and 2)
Long-term maintenance to the buildings and landscaping requiring the entering into agreements by
the developer (Condition No.
10).Council Questions -
Mayor pro tern Cavecche commended the condition clarifications to ensure the maintenance of
the landscaping for the future. She asked which city would be overseeing the project; whether
there would be mechanical equipment on the roof or protruding from the building; and provision
for the buildings' floor plan for emergency personnel on disk. She also stated her desire for
well-developed pedestrian access under the
freeway.Ms. Angus responded that the permits would be pulled from both cities and inspected by
each cities' inspectors; and added that building officials from both cities would collaborate in
areas straddling boundaries. She indicated a condition could be added which provided
building layouts to emergency response personnel in electronic
form.Councilmember Smith asked the total number of parking spaces; what would happen if
the owner wanted to convert to condominiums; and how will the tenants know what city they live
in and who to request services
from.Ms. Angus responded that the total number of parking spaces was 1,027 of which 1,010
were designated for tenant and guest use and 17 for the management office. These numbers were
to code and called out in the Specific Plan. She added that the proposed project was for
apartment use, but in the future if a conversion was desired, an amendment to the Specific Plan and
the Tract Map would be required. She explained that the leasing office would be informing
the tenants of the city of residence and other related issues. She added that the buildings will have
a slight change of color in the two cities; and in the parking structure, phones will be provided
to call the correct Police and Fire
Departments.PAGE
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CITY COUNCIL MINUTES April 26, 2005
13. PUBLIC HEARINGS (Continued)
Councilmember Smith asked if attention had been paid to the design components of the
Southwest Redevelopment Plan and whether any reference was made in the Specific Plan.
Ms. Angus responded that thought had been given to the Southwest Redevelopment Plan, noting
that this development was part of the original Uptown Area.
Councilmember Ambriz asked about the buffer designation on the Orange-Anaheim
boundary.He also asked about the discussion of the affordable housing issue at the Planning
Commission meeting. He question the conclusion that there would be no negative traffic impacts on the
area.He also clarified that the transportation fees of $642.00 per unit, $341,000 total, would
be received by the City prior to the first building permit being issued. He stated that
Adelphia,which had just been acquired by Time Warner Cable Co., would be a positive change to
provide city programs to be shown to new city residents in the
development.Ms. Angus responded that there would be greenspace area along the boundary, but that
Building A straddled the boundary line. She noted the City of Anaheim was not interested in
an affordable housing project at the time the development was being planned; and that a
negotiated fee of $2,850 per unit was set aside as revenue to apply toward affordable projects in the
future.However, some of the units will be offered as moderate-income units, but not
low-income units.She stated that the infrastructure was able to address the residential traffic
and the circulation system would not be impacted, given the current development
in the area.MAYOR MURPHY OPENED
THE PUBLIC HEARING Ms. Cynthia Hwang, representing the developer, I Spectrum Pt., Lake Forrest,
stated that the developer was in full agreement with all the conditions of approval placed
on the project.Councilmember Smith asked for an explanation of the minimum usable open space
for each unit of 150 sq ft. and the minimum private outdoor space of 49 sq. ft. In addition,
she requested that lighting be provided in all areas lacking natural lighting-even keeping lights
on 24-
hours a day,if necessary.Robert Clignet, Architects Orange, Project Architect, reviewed the
deck
area spaces for each unit.In response to Council questions, Ms. Hwang, indicated that
there are access locations around each building for emergency vehicles, including fire trucks. She
also stated that the minimum foot candle requirements have been met; and the
maintenance plan calls for immediate replacement of burned-
out bulbs
CITY COUNCIL MINUTES April 26, 2005
13. PUBLIC HEARINGS (Continued)
Councilmember Dumitru asked about the height of the buildings and how it would affect the
privacy of the neighboring mobile home park. He also asked about the fire sprinkler system
being in obvious locations. In addition, he asked about making residents aware of the traffic they
can expect from the stadium.
Ms. Hwang stated that Archstone representatives met with the mobile home owners to address
their concerns. It was determined that enhanced landscaping be planted between the two sites
and the balconies were oriented so that they would face into landscaped courtyards, rather than
the mobile homes. She added that the fire department will be consulted on the placement of the
sprinklers.
Denis Bilodeau, DKS Associates, 222 Martin, Irvine, Traffic Consultant, indicated that
Archstone is required to install a traffic signal on Orangewood at the private driveway, opposite
the stadium to facilitate easier ingress and egress of the property. He also stated that total traffic
trips is estimated at 5,860 per day.
In response to Mayor pro tem Cavecche's question, the architect indicated that the mechanical
units for air conditioning would be on the decks.
John Baker, 1051 Arbor Way - questioned several aspects of the proposed project.MAYOR
MURPHY CLOSED THE PUBLIC HEARING Council
Comments Councilmember
Smith commented on the need to update the City's General Plan as there have been
numerous recent General Plan Amendments; reiterated her concurrence with the Specific Plan
requiring approval of any future condominium conversion; and commented on the allotted parking
spaces meeting code, but noting that the code is not broad enough. She pointed out that future
parking problems will belong to the project, and those problems will have to be managed by
the project. She suggested an area in front of the neighboring mobile home park be restricted for
use by the residents. She noted her disappointment with no affordable housing being included
with this project, even though the city receives in-lieu fees.
She read from the overriding considerations document which refers to the project as a multi-
family rental development. For the record, she stated her disagreement that this development
serves families, and stated that it was more likely to serve singles or couples. She also disputed
the reference to this development being a mixed-use development, when in fact, it is
100%residential use. Shc also disagreed with the document's reference to ample parking for
residents and guests, citing her previous comments. Lastly, she stated that the reference to the
amenities and resident services being a benefit to the community is misleading, because they are solely
for the use of the residents. For the record, she cautioned about accurately representing the scope
of any project built in the
City.PAGE
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CITY COUNCIL MINUTES April 26, 2005
13. PUBLIC HEARINGS (Continued)
Councilmember Ambriz commented on the duration of this project and it being one of the
finishing touches to a vision for the west end of the City, noting the deterioration of the current
use of this property. He commented on the need for affordable and family housing; while
realizing that this project began years ago. He complimented staff and the developer for staying
focused for so long while collaborating with the City of Anaheim on the project. He commended
the vision for the area, enhanced by this project, and commented on the synergy it would bring to
this area.
Mayor pro tern Cavecche stated she did not see this General Plan Amendment as an issue as it
compliments the City's vision for West Orange and will be a great addition to the City;
commenting on the anticipated development in West Orange with other recently approved
projects. She reiterated the need to provide housing in Orange County.
Councilmember Dumitru stated his concerns with safety issues for upcoming developments in
the area and the burden they will place on Fire Stations No.5 and 6; and suggested Council look
at the budget issues this may create. He also expressed concern with the confusion of the
residents dealing with crime, as to which city's police department to call, noting the continuing
need for the staff at the project to work with the Police Departments.
Mayor Murphy stated his belief that this project fits with the vision of Uptown Orange, including
the UCI expansion, The Block, Best Buy and a number of housing opportunities, noting it is a
western gateway to the City of Orange. He added that in the stringent review of the project, all
of the concerns regarding the public safety issues will be addressed. He also stated that the
moderate rents to be offered on some of the units will appeal to a broader range of people and
offer up a range of housing alternatives needed in the City and in the County. He added that this
project will provide housing in a major employment area, which is key to the Uptown Orange
VISIOn.
Council Action
MOTION - Murphy SECOND -
Ambriz AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
the Statement of Overriding Considerations, finding that the benefits to the community of the
project outweigh its significant unavoidable air quality impacts (short term and cumulative air quality
impacts during demolition and grading activities).PAGE 17
CITY COUNCIL MINUTES April 26, 2005
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Ambriz AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to Certify
Final Environmental Impact Report No. 1707-02 and the associated Mitigation Monitoring Program
as being prepared in compliance with the California Environmental Quality Act Guidelines.
RESOLUTION NO.
9935 A Resolution
of the City Council of the City of Orange approving Environmental hnpact Report No. 1707-
02, General Plan Amendment No. 2002-0003, Major Site Plan Review No. 252-
02,and Design Review No. 3786-02 to accommodate the construction of
approximately 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 -
Ambriz A YES - Smith, Ambriz, Murphy, Cavecche, Dwnitru
Moved to approve Resolution No. 9935 with modifications to Condition No.9, regarding guest
parking spaces; and Condition No. 10 regarding a maintenance agreement to ensure proper
maintenance of buildings, landscaping and grounds; and add a condition to ensure that the
applicant shall provide an electronic version of final "as built" building plans for use by safety
services that identifies all units, parking areas and access points; and these plans shall be
provided prior to certificate of occupancy to the satisfaction of the Police and Fire Department in
an acceptable electronic format.
ORDINANCE NO.8-OS (FIRST
READING)An Ordinance of the City Council of the City of Orange approving the reclassification
of approximately 12.37 acres of property from M-l (Light Manufacturing) to
PC-SP (
Planned Community-Specific
Plan).Zone Change
1215-02 Applicant:
Archstone Communities MOTION -
Murphy SECOND - Cavecche AYES - Smith, Ambriz, Murphy,
Cavecche, Dumitru Moved that Ordinance No. 8-05 be read by title only and same was set for second
reading by
the preceding
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CITY COUNCIL MINUTES April 26, 2005
13. PUBLIC HEARINGS (Continued)
13.3 ORDINANCE NO.4-OS - WIRELESS COMMUNICATION FACILITIES
A2500.0 ORD-04-05 Wireless
Communication Facilities)Time set for public hearing to consider requirements, criteria and minimum standards
for the design and placement of wireless
communication facilities.ORDINANCE NO.4-
OS (FIRST READING)An Ordinance of the City Council of the City of Orange amending Sections 17.04, 17.
10, 17.12,17.14, 17.18, 17.20, 17.22, and 17.24 of the Orange Municipal Code to provide
new definitions and procedures pertaining to the placement of
wireless communication facilities.
MOTION - Murphy SECOND -
Cavecche AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue public hearing on Ordinance NO.4-OS to May 10, 2005 at 4:30 p.
m.14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT -The
City Council recessed at 8:35 p.m. back to Closed Session; and adjourned at 10:00 p.m. in memory
of Frank H. Greinke.The
next Regular Council meeting is scheduled for May 10, 2005.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of April
26, 2005 at Or~nge Civic Center kiosk, Police facility at 1107 North Batavia, Shaffer Park; all of said locations
being in the City of Orange and freely accessible to members of the public at least 72 hours before commenc~
ment (ff s'illdregular meeting; and available at the Civic Center City Clerk's Office and Main Public
Library at 101 N. Center Street.11#) ?-
YM~/MARK A.
MURPHY I MAYOR
MARYE.
MURPHY
CITY CLERK PAGE
19