HomeMy WebLinkAbout9_27_2005 - Council MinutesI
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APPROVED BY THE COUNCIL ON OCTOBER II, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 27,2005
The City Council of the City of Orange, California convened on September 27, 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 Larry DiSimone, Calvary Chapel of the Canyons
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT
ABSENT
Smith, Ambriz, Murphy, Cavecche, Dumitru
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation honoring 59 Library Teen Volunteers for 1,178 hours of service In the
Super Readers - Super Heroes" 2005 Summer Reading Club.Employee
Service Awards presented to Bonnie Hagan, Community Services Department;Abel
Bernal, Community Services Department; Bill Hintz, Finance Department; Kathryn Rose,
Library Services; Michelle Fetherolf, Police Department; Lt. Bob Green, Police Department;
Lt. John Whiteley, Police Department.Announcements:
Open
House Celebration of the First Presbyterian Church of Orange Grand Street Center
Free
Workshop on Landscape and Irrigation Techniques, October 1st at City Hall.International
Walk to School Day on October 5th OCTA
offering free bus rides during the week of October 3'd Cut-
A-Thon at Artistic Hair to fund cancer research and education on October
16th Jim Reichert introduced as new Economic Development
Director Gail Farber introduced as new Public Works
Director 2.PUBLIC
COMMENTS Cindy Baker, !O51 Arbor Way, spoke on technical problems with the rebroadcasting
of the Council
meetings.PAGE
CITY COUNCIL MINUTES September 27,2005
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 September 8, 15, 2005.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, September 13, 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 August 31, 2005.
C2500.F)
ACTION:Approved.
AGREEMENTS
3.5 Award of Professional Engineering Services Agreement to DMC Design Group for
the Preparation of Construction Plans and Engineering Calculations for Katella
Avenue: Santa Ana River to Struck; Taft Avenue: Santa Ana River to Batavia
Street; and Batavia Street: Taft Avenue to SPRR Crossing nlo Grove Avenue (SP
3534). (A2100.0 Agr-
4737)SUMMARY: This agreement authorizes the consultant to provide field
surveying,engineering calculations and preparation of construction bid documents for the
Katella Avenue, Taft Avenue and Batavia Street pavement rehabilitation
project.ACTION: Approved agreement with DMC Design Group in the amount of $76,000.
00 and authorized the Mayor and City Clerk to execute on behalf ofthe
City.FISCAL IMP ACT: Funds are budgeted in the following
accounts:272-5011-483300-
3038 (Batavia Street Rehabilitation)
940-9800-483300-3046 (
Katella Avenue
Rehabilitation)940-
9800-483300-
3047 (Taft
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CITY COUNCIL MINUTES September 27,2005
3. CONSENT CALENDAR (Continued)
3.6 Award of Consultant Services Agreement to Joseph C. Truxaw and Associates for
Engineering Design Services for Project No. SP-3233, Cannon Street
Realignment and Widening. (A2100.0
Agr-4738)SUMMARY: This contract authorizes Joseph C. Truxaw and Associates
to perform design engineering services for preparing a bid schedule, plans.
contract specifications,right of way documents, and environmental documents for the realignment
and widening of Cannon Street from north of Cerritos Drive to north of Santiago Canyon
Road near
Cannon Bridge.ACTION: Awarded the contract in the amountof $149,460 to Joseph C.
Truxaw and Associates and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds are budgeted and available in the
following account:272-5011-483300-3427 $149,460 Gas
Tax - Cannon Street Realignment 3.7 Award of Consultant Services Agreement with MuniFinancial
to continue as the third party administrator for assessment districts,
community facilities district(s),and landscape and lighting districts within the City. (
A2100.0 Agr-4025.A)SUMMARY: This is a request that the City Council
authorize a five-year agreement with MuniFinancial to act as the third
party administrator for the assessment districts,community facilities district(s), and landscape
and lighting districts within the City.ACTION: Approved Consultant
Services Agreement with MuniFinancial to provide professional consulting services for FY 05-06
through FY 09-10 in the amount of 124,500.00 and authorized the Mayor and City
Clerk to execute on behalf of the City.FISCAL IMP ACT: The costs for this
service are paid from revenues collected from the property owners in the
various special districts. An appropriation for FY 05-
06 expenditures has already
been included in the budget.REMOVED AND HEARD SEPARATELY)3.8 Award of
Consultant Services Agreemeut with Townsend Public Affairs, Inc. for
Lobbying and Grant Writing Services. (A21 00.0 Agr-4748)SUMMARY: The City of
Orange desires to contract with a firm to provide lobbying services in Sacramento and to
assist in obtaining public and private funds to further the City's goals.
Townsend Public Affairs, Inc. provides lobbying and grant writing services to a number of public and
private agencies throughout the state and has a
proven record
CITY COUNCIL MINUTES September 27,2005
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Ambriz stated he was glad to see grant opportunities being developed m
the City and thanked staff for providing a detailed report on what resources were
currently in place. This report was to be provided to the Consultant.
MOTION - Ambriz SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru ACTION: Approved the
proposed contract for lobbying and grant wntmg services between the City
of Orange and Townsend Public Affairs, Inc. in an amount not to exceed $67,000
and authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.FISCAL IMP ACT:
Funds in the amount of $67,000 are available for Fiscal Year 2005-06 in account
number 100-0000-426700-0000 (Non-Departmental - Professional and
Consulting Services).
REMOVED AND HEARD SEPARATELY)
3.9 Award of Consultant Services Agreement with Hogle-Ireland, Inc., a
private planning consulting firm, to provide current and advance planning assignments
and prepare Planning studies or reports for the Planning Division as well as
providing graphic services related to developing brochures for Old Towne. (A2100.0
Agr-4461.
A)SUMMARY: The goal of the Planning Division is to provide quality
professional planning services. The division is currently experiencing an increase in
planning applications filed as well as a staff shortage. This contract will augment existing
staff with the use of professional planning consultants for the next four
months.
Discussion Councilmember Ambriz asked about an aspect of the contract which includes
developing brochures, and asked about the staff shortage in the Community
Development
Department.Stan SooHoo, Planning Director, explained these brochures, which are only a part of
the contract, are to assist in the historic preservation of Old Towne and will be distributed
to realtors and homeowners. With regard to the staff shortage, two new Planners were
just recently hired, but there is still one current vacancy and one upcoming vacancy, but
the Department is getting close to full
staff.PAGE
CITY COUNCIL MINUTES September 27,2005
3.CONSENT CALENDAR (Continued)
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City Manager John Sibley noted that consultants are hired for short periods of high
volume work.
Councilmember Ambriz noted he would rather have Hogle-Ireland focus on
planning issues, and not brochures. He questioned the bidding process for this contract and
also suggested the information be placed on the website so the information could easily
be updated; and could not support the consultant doing this part of the
work.Mayor Murphy suggested the contract be broken down and the brochure issue looked
at separately. He agreed that the information is useful for realtors and homeowners,
but suggested the information could be available on the website which could be printed
out.Mayor pro tem Cavecche agreed the information is useful, and questioned the
necessity for better graphics on a brochure. She suggested a breakdown of the costs for
this
contract.Councilmember Dumitru expressed concern about the contract being approved before
the scope of work was specifically broken down; and asked why only Old Towne was
being provided a
brochure.Councilmember Smith noted that education on design guidelines to new homeowners
is important and could prevent more money being spent in the
future.Mayor Murphy suggested the contract be approved, without the brochure scope of
work.Mayor pro tem Cavecche asked that in the future, staff provide the bidding
procedures and all back up information for all contracts and agreements that go to Council.
She agreed that sometimes privatizing work can save money in the long run, and
would support the contract because of the history the City has with Hogle
Ireland.Councilmember Dumitru stated he was not comfortable approving this contract at
this time and would like to see it broken down
further.
I Councilmember Ambriz asked staff to provide a tracking mechanism for
past performance of any contractor; and suggested there needs to be more consistency
for
graphics.PAGE
CITY COUNCIL MINUTES September 27,2005
3. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Smith AYES - Smith,
Ambriz, Murphy, Cavecche NOES - Dumitru ACTION:
Approved and authorized
the Mayor and City Clerk to execute an agreement with Hogle-Ireland, Inc.,
not to exceed $ I 00,000. Staff was directed to provide a report back to Council
on the specific expenditures for this contract; and remove any expenses for brochures from
the contract.FISCAL IMPACT: Funds
in the amount of $100,000 are available in the following account of the
Current Planning Division's budget: 100-602 I -426700 (Other Professional and
Consulting Services). These funds are from salary savings based on current vacancies.
For the Current Planning work, the cost for the contract planners will be reimbursed
by the applicants.BIDS 3.
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Bid No. 056-08; Community Development Block Grant (CDBG) Project - Hewes Street Storm
Drain Project from Washington Avenue to Marmon Avenue (D-151).Approval
of Plans and Specifications and authorization to advertise for bids.C2500.
M.17)SUMMARY:
Plans and specifications have been completed for the Hewes Street Storm Drain
Project from Washington Avenue to Marmon Avenue. The project is ready to be advertised
for bids. The estimated construction cost is $332,334.13including contingencies
and construction engineering.ACTION:
Approved plans and specifications and authorized advertising for bids for the Hewes
Street Storm Drain Project (D- I 5 I).FISCAL
IMP ACT: Funds following
account:310-
9645-483400-5
I 09 are budgeted in the Capital Improvement Program
in the 3 I 8,500.00 CDBG Hewes Street
Storm Drain 3.
11 CLAIMS SUMMARY: The following claim(s) have been received and investigated by
the City Attorney's Office andlor 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. (
C3200.0)a.
Nujan Muhammad b. Ana
Griselda Cuellar ACTION: Denied Claim(s) for damages and referred to City Attorney
and Adjuster.
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CITY COUNCIL MINUTES September 27,2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Final Acceptance of Bid No. 045-50; SP-3505; McPherson Road
Reconstruction from Chapman Avenue to Spring Street and authorization to file Notice
of Completion with the County Recorder (No staff report reQuired). (A2100.
0 Agr-4706)SUMMARY: Bid No. 045-50; SP-3505;
McPherson Road Reconstruction from Chapman Avenue to Spring Street. The contractor on said
job was RJ. Noble Company.ACTION: Accepted public work improvements,
authorized release of Traveler Casualty and Surety Company of America of Connecticut, Bond No.
104557724, in the amount of 214,902.58 and authorized the Mayor and City Clerk
to
execute the Notice
of
Completion.FISCAL IMPACT: None.FACILITIES 3.13 Request for early closure of the Orange Public Library
facilities to the public on Wednesday,
November 23, 2005. (C2500.I)SUMMARY: Early closure of the Taft and El Modena Branch Libraries (
e.g., at 6:00 p.m. rather than 9:00 p.m.) is requested due to lack of
anticipated public use
the night before Thanksgiving Day.ACTION: Approved closure of Orange Public Library facilities to the public
at 6:00 p.
m.Wednesday, November 23,2005.FISCAL IMP ACT: None. Staff work hours will be shifted
on November 23 to begin earlier in the day, e.g., at 8:00 a.m. or 9:00 a.m. rather than at
12 noon for
those who
normally work evenings.PROPERTY PURCHASE 3.14 Purchase of the property at 1304 North Cannon Street
for the purpose of
street widening. (A2100.0 Agr-4756)SUMMARY: This parcel is necessary for the
ultimate widening
of the Cannon Street Realignment Project.ACTION: Authorized the Mayor and City Clerk
to execute escrow and related documents concerning the purchase of the property at 1304 North
Cannon Street, to be used in connection with the Cannon Street realignment project.
Purchase price is $715,
000.00,
CITY COUNCIL MINUTES September 27, 2005
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds arc available in the following accounts:
550-5011-483300-3427 $496,000
Cannon Street Rcalignment 285-5011-483300-
3427 $
219,000 Cannon Strcct Realignment RESOLUTIONS 3.15
RESOLUTION NO. 10017 (S4000.S.4)A Rcsolution of the City Council of the City of Orange
stating its intent to vacate a portion of that public street commonly
known as Manchester Avenue generally located on thc wcsterly side of Manchestcr
Avcnue and
north of Compton
Avenuc.ACTION: Approved.
MOTION - Smith SECOND - Ambriz AYES - Smith, Ambriz,
Murphy, Cavecchc, Dumitru Items 3.8 and 3.9 were removcd and heard scparately. All othcr items
on the Conscnt Calendar were
approved as recommendcd.END
OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY 4.1 Reappointment of Tom Gilmer and Mike Hairston to the
Park Planning and Development Commission. (
OR1800.0.10)
MOTION - Murphy SECOND -
Smith AYES - Smith, Murphy, Cavecche, Dumitru
NOES - Ambriz Moved
to reappoint Tom Gilmer and Mike Hairston to the Park Planning and Development Commission;
terms to expire April 2009.5.
REPORTS FROM COUNCILMEMBERS - None PAGE 8
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CITY COUNCIL MINUTES September 27,2005
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Community Video Advisory Board Annual Report - presented by Pat Buttress,Board
President. (ORI800.0.28)Pat
Buttress thanked thc Board members for their time and efforts in serving on this Board. In response
to questions from Councilmember Ambriz, she noted that Cox Communications does send
a represcntativc to the meetings when neccssary, but Orange is only a very small portion of their
business, so they are not at every mceting. She will ask Time Warner to provide a report to the
Council on in-kind contributions. She also noted that Time Warner offers classes in video
production.
MOTION - Murphy SECOND -
Ambriz AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to receive
and file.7. ADMINISTRATIVE REPORTS
7.1 Report
on the CommunitylSports Park for the Del Rio Planned Community.T4000.0 TRM-
16768)SUMMARY: On
March 8, 2005, the City Council approved Tentative Tract Map 16768 for the residential development
in the Del Rio Planned Community. The Tentative Tract Map proposes a 10.
5-acre community active (sports) park located west of Glassell Street, north of Lincoln Avenue,
and south of the Santa Ana River Channel. The Park Planning and Development Commission
at its meeting on August 11, 2005 recommended approval of the final site plan for the
1 0.5-acre park at Del Rio.
Discussion
Bonnie Hagan, Acting Community Services Manager, provided a brief report. She noted that all
mitigation measures are on the plan and will be adhered to through the review process.
Councilmember Ambriz asked about the location of the restrooms, asking if they could be more
visible to the tot lot; asked about a cover for the tot lot equipment so it does not get too hot for
children to play on; and asked about wash basins for those playing sports.
Mr. Ed Dahl, Consultant, noted the bathroom is near the multi-purpose building, and that
the Crime Prevention Bureau suggests that the restrooms be visible from the parking lot for
safety reasons. Any type of cover for the tot lot equipment would have to be considered in terms
of cost. They will look into some type of feature on drinking fountains that could possibly be
used as a wash basin. He also explained the concept of a water
park.Mayor pro tem Cavecche asked that in the future, Park Commission Minutes be provided to
the Council with any park
plans.PAGE
CITY COUNCIL MINUTES September 27,2005
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Murphy thanked the Del Rio team for a great development.
MOTION - Smith SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved approval of
the final site plan for the 10.5-acre community active (sports) park in the residential development
of Tentative Tract Map 16768 in the Del Rio Planned Community; with suggestions noted
from the Council discussion.FISCAL IMP
ACT: The conceptual plans, construction documents and construction are being prepared and
funded by North Orange Del Rio, LLC (Developer). The Developer has requested the City
to allow the financing of the sports park through the issuance of community facilities district bonds,
which will be repaid by future homeowners of the Del Rio Planned Community by way
of a special tax lien.8. REPORTS
FROM CITY MANAGER - None.9. LEGAL AFFAIRS -
None.10. HEARINGS 10.1
PROPERTY ACQUISITION
BY EMINENT DOMAIN - 2504 E. CHAPMAN AVENUE. (C2500.M.14)Time
set for a noticed
hearing on resolution of necessity to acquire a strip of land at 2504 E.Chapman Avenue, for intersection improvements
at Chapman and Y orba.Owner of Record: Socony Mobile
Oil Company, Inc., A New York Corporation.David DeBerry, City Attorney, stated
they are close to reaching an agreement with the property owner, but are still trying
to get final approvals; but suggested the City proceed with the condemnation proceedings.RESOLUTION NO. 10026
A Resolution
of the City
Council of the City of Orange declaring the public interest and necessity of acquiring certain real
property located at 2504 East Chapman Avenue and authorizing the acquisition thereof.Owner
of Record: Socony Mobile
Oil Company, Inc., A New York Corporation PAGE 10
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CITY COUNCIL MINUTES September 27,2005
10. HEARINGS (Continued)
MOTION
SECOND
AYES
NOES
Smith
Cavecche Smith,
Ambriz, Murphy, Cavecche Dumitru Moved
to approve
Resolution No. 10026.Councilmember Dumitru voted
No because he thought the City should wait for the agreement to be finalized with
the property owner.10.2 GENERAL
PLAN AMENDMENT NO. 2004-0005; ZONE CHANGE NO. 1229-04;MAJOR
SITE PLAN REVIEW NO. 355-04 (INCLUDING A DENSITY BONUS); DESIGN
REVIEW COMMITTEE NO. 3942-04; VESTING TENTATIVE TRACT MAP NO.
16787;MITIGATED NEGATIVE DECLARATION NO. 1736-04;
AND MITIGATION MONITORING PROGRAM - THE OLSON COMPANY. (C2300.E
GPA-2004-0005)The public hearing to consider a proposal for the Manchester Walk Townhomes,
an 18 unit townhome project located at the intersection of Manchester Place and
Compton Avenue, including 206 N. Manchester Place was continued to this time from
September 13. 2005.Note: The public
hearing was closed.Mr. Rick Otto, Sr. Housing Manager, reported that Olson Company has agreed to
pay $900,000 for the property, but raise the profit sharing provision from 9.5% to
10%. The affordability clause is
still at 50%.Councilmember Smith wanted to ensure that hcr suggestions to install bollards near the
tot lot for safety reasons and traffic and pedestrian
signage were included.Mayor Murphy suggested that if the Olson Company is asked to take any
traffic issues through the Traffic Commission, that the City should bear the
costs for that.Mayor pro tem Cavecche would be voting No because although she
appreciated the Olson Company bringing up the price for the property, and she finds it
an architecturally beautiful project, she did not think the City is getting the best price for the land
that it
should.Council Action:
MOTION - Murphy SECOND -
Ambriz A YES - Smith, Ambriz, Murphy. Dumitru
NOES - Cavecche Moved
to adopt Mitigated Negative Declaration No. 1736-04 and the associated Mitigation
Monitoring Program.
PAGE 11
CITY COUNCIL MINUTES September 27,2005
10. HEARINGS (Continued)
RESOLUTION NO. 10008
A Resolution of the City Council of the City of Orange approving a General Plan Amendment to
Redesignate Property Located at the Northwest Corner of the Intersection of Manchester Place
and Compton Avenue, including 206 N. Manchester Place, from Office Professional (OP) to
Low-Medium Density Residential (
LMDR).Applicant: The Olson
Company MOTION - Murphy
SECOND - Ambriz AYES -
Smith, Ambriz, Murphy, Dumitru NOES - Cavecche
Moved to approve
Resolution No. !O008.ORDINANCE NO. 12-
05 (FIRST READING)An Ordinance
of the City Council of the City of Orange approving the Reclassification of Property located
at the Northwest Corner of Manchester Place and Compton Avenue, including 206 N.
Manchester Place, from OP (Office Professional) to R-3 (Multi-Family Residential).
Zone Change 1229-
04 Applicant: The Olson
Company MOTION - Murphy
SECOND - Ambriz A
YES - Smith, Ambriz, Murphy, Dumitru NOES - Cavecche
Moved that Ordinance
No. 12-05 be read by title only and same was set for second reading by the preceding
vote.RESOLUTION NO.
10009 A Resolution
of the City Council of the City of Orange approving Mitigated Negative Declaration No.
1736-04, Major Site Plan Review No. 355-04, Design Review Committee No.
3942-04 and Vesting Tentative Tract Map No. 16787 to allow the construction of an 18
Unit Townhome Project located at the Northwest Comer of the Intersection of Manchester Place
and Compton Avenue, including 206 N. Manchester
Place.Applicant: The Olson
Company PAGE
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CITY COUNCIL MINUTES September 27,2005
10. HEARINGS (Continued)
MOTION - Murphy SECOND -
Ambriz A YES -
Smith, Ambriz, Murphy, Dumitru NOES - Cavecche Moved
to approve Resolution
No. 10009; with the additional conditions regarding the installation ofbollards near the
tot lot and appropriate traffic and pedestrian signage.10.3 DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN ORANGE REDEVELOPMENT AGENCY AND OLSON
URBAN HOUSING, LLC. RELATED TO THE SALE OF PROPERTY
AND CONSTRUCTION OF AN 18-UNIT TOWNHOME PROJECT - MANCHESTER PLACE
AND COMPTON AVENUE. (A21 00.0 Agr-4753)See related Orange
Redevelopment Agency Minutes Item No. 9.1 The joint public
hearing with the Orange Redevelopment Agency to consider approving a Disposition and Development
Agreement between the Orange Redevelopment Agency and the Applicant that specifies
the terms and conditions of the sale and subsequent development of the Manchester property, was
continued to this time from September 13, 2005.Note: See Item
10.2 for discussion.MAYOR MURPHY OPENED
THE PUBLIC HEARING THERE BEING NO
SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.Mayor pro tem
Cavecche would be voting No because although she appreciated Olson Company bringing up the
price for the property, and finds it an architecturally beautiful project, she did not think the
City is getting the best price for the land that it should.Council Action:RESOLUTION
NO. 10010
A Resolution of
the City Council of the City of Orange approving a Disposition and Development Agreement by
and between the Orange Redevelopment Agency and Olson Urban Housing, LLC regarding
property located at Manchester Place and Compton Avenue in the Orange Merged and
Amended Redevelopment Project Area and making certain findings.MOTION - Murphy SECOND -
Ambriz AYES - Smith,
Ambriz, Murphy, Dumitru
NOES - Cavecche Moved to approve Resolution
No. 10010.PAGE
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CITY COUNCIL MINUTES September 27,2005
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 6: 1 0 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government
Code Section 54956.9(a):I)
Robin Underwood v. City of Orange, Orange County Superior
Court Case No. 05CC05477;Note:
The Council did not discuss Appointment of Economic Development Director.b.
Public Employee Appointment pursuant to Government Code Section 54957:Title:
Economic Development Director and Community Services Director;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 of the matters will not be considered in Closed Session.7:
00 P.M. SESSION 13.
PUBLIC COMMENTS Alex
Angotti, 2571 Dunbar Street, requested the removal of speed bumps on Heim Avenue.Jim
Hathcock, 1 I 5 N. Glassell, spoke on the Street Fair and requested the following:compensation
to certain businesses during the Street Fair because of lack of seating at restaurants;
better placement of portable toilets; sidewalk cleaning nightly; daily emptying of dumpsters;
businesses named additional insured on insurance policies; and window washing of businesses
at the end of the Fair.Dennis
Caldwell, 201 E. Chapman, spoke on the Street Fair and concerns to downtown businesses.
Julep'
s businessowner, 115 N. Orange Street, spoke on the Street Fair and the fact that large dumpsters
were blocking their business during the Fair.14.
PUBLIC HEARINGS 14.
1 SEIR1278/DEIR 1716 I GENERAL PLAN AMENDMENT 2003-0001
AMENDMENT TO SANTIAGO HILLS II PLANNED COMMUNITY (ZONE CHANGE 1218)
ADOPTION OF EAST ORANGE PLANNED COMMUNITY (ZONE CHANGE 1219)
PRE-ANNEXATION DEVELOPMENT AGREEMENT I RUNOFF MANAGEMENT
PLAN DESIGN GUIDELINES FOR SHII AND EOPC AREA
1 CONCEPTUAL GUIDELINES FOR EAST ORANGE AREAS 2 &
3 TENTATIVE TRACT MAP 16199 I TENTATIVE TRACT MAP
16201 TENTATIVE TRACT MAP 16514 I CONDITIONAL USE PERMIT
2488-03 C2300.
E GPA-
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CITY COUNCIL MINUTES September 27,2005
14. PUBLIC HEARINGS (Continued)
Time set for public hearing to consider a request by The Irvine Company for a project known as
Santiago Hills II Planned Community (SHIl) and East Orange Planned Community (EOPC).
The request incorporates:
o Certification of Final SEIR 1278/Final EIR 1716
o A General Plan Amendment has been prepared to integrate the SHII and EOPC changes into
the existing City General Plan and eliminate the East Orange General Plan (EOGP);
o Minor changes are proposcd to the adopted SHII Planned Community Regulations, and
adoption of the East Orange Planned Community Regulations;
o Adoption of a pre-annexation Development Agreement that will cover the entire study
area and details benefits to the City in exchange for development assurances to the
applicant;o Adoption of a Runoff Management Plan (ROMP) that will handle storm water and
water quality treatment for runoff from the entire project
site;o Adoption of Design Guidelines for SHII & EOPC Area 1, conceptual Design Guidelines
for EOPC Area 2 & 3, that cover community level landscaping, home types (architecture
treatment),and neighborhood design
elements;o Approval of Tentative Tract Map 16199, a 201.1 acre subdivision into residential lots
that could permit up to 405 dwelling units, a 4.7 acre local park site, along with open space lots
that include native areas and a restored riparian
area;o Approval of Tentative Tract Map 16201, a 270.9 acre subdivision into residential lots
that could permit up to 1,103 dwelling units along with a 128 unit affordable housing project, a 3.
0 acre local park site and preservation of native areas that directly adjoin Irvine
Park;o Approval of Tentative Tract Map 16514, a 426 acre subdivision into residential lots
that could permit up to 1,018 dwelling units, a 6.3 acre local park site, a 3.9 acre local park site,
a 20.1 community sports park site, over 120 acres will be preserved as native open space and
56 acres will be revegetated with native flora, all TTM's will have offsite improvements
that include storm drain improvements and two new water reservoirs just outside ofTTM 16201
and TTM 16514;
and o Approval of Conditional Use Permit 2488-03 for a 128 unit affordable
housing project located in TTM 16201, lot 323 ofSHIl, where all of the 128 dwelling units will be
affordable to very low income
family households.
CITY COUNCIL MINUTES September 27,2005
14. PUBLIC HEARINGS (Continued)
LOCATION: Santiago Hills II Planned Community (SHII) is 496 acres and located east of
Jamboree Road, south of Irvine Park and west of SR 241/261 and north of the city boundary on
Jamboree Road. East Orange Planned Community (EOPC) is 6,335 acres and located east of SR
241/261, north and south of Santiago Canyon Road and continued easterly to beyond Irvine Lake
Santiago Reservoir), EOPC Area I is located just east ofSR 241/261, north of Santiago Canyon
Road, and south of the NCCP boundary, EOPC Area 2 is located east ofIrvine Lake and north of
Santiago Canyon Road, and EOPC Area 3 is located south of Santiago Canyon Road and east of
proposed Jeffery Road.
ENVIRONMENTAL INFORMATION: In accordance with the requirements of the local
CEQA Guidelines, State CEQA Guidelines and the California Environmental Quality Act,
Supplemental Environmental Impact Report (SEIR) 1278/Draft Environmental Impact Report
DEIR) 1716 was prepared to evaluate the environmental impacts associated with the proposed
SHII EOPC development project.
Staff Presentation - Principal Planner, Ed Knight reported that the Council adopted a General Plan
Amendment to the East Orange General Plan in 2000 for SH II, along with Planned Community
Regulations. The current process proposes a minor change to the Planned Community
Regulations, as well as the two tentative tract maps. He reviewed the proposals for the
project:Final
Supplemental EIR 1278/Final EIR 1716 - Mr. Knight detailed the process for issuing the various documents
which required holding a review period to receive comments, as well as preparing responses
from staff. He added that a Statement of Overriding Considerations was also prepared
to address three areas not able to be mitigated to a level of insignificance: visual resources; air
quality; and traffic (which includes two intersections on the Master Plan of Arterial Highways outside
the City of Orange limits).General Plan
Amendment 2003-0001 - Mr. Knight indicated that the East Orange area has been integrated into
the Citywide General Plan to include all graphics, entire city sphere of influence and the
study areas of both SHII and EO. He added the changes to the Master Plan of Arterial Highways is
being updated, along with the bikeway plan being integrated into the General Plan.East Orange
Planned Communitv Development Plan and Zoning Map - Mr. Knight detailed the Zone Change 1218
application, stating that in 2000 the Planned Community Regulations had been adopted, but
with the changes to the Mastcr Plan of Arterial Highways there are minor changes to the
proposed regulations. Also, the elementary school site in SHII is being eliminated. He further
identified the newly proposed East Orange Planned Community document for Zone
Change 1219. He detailed the home types being planned, as well as open space acreage, Irvine
Lake and commercial-recreational district information.Pre-annexation
Development Agreement for Santiago Hill II and East Orange Planned Communities -
Mr. Knightstated that the agreement time frame is 15 years, with a possible renewal for
5 additional years. He explained the purpose of the agreement and the benefits to the PAGE 16
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CITY COUNCIL MINUTES September 27,2005
14. PUBLIC HEARINGS (Continued)
City which include: park trail improvements, an affordable housing project site in Tract 16201, a
fully-staffed and equipped fire station, equestrian facility, traffic improvement
payments,aeration unit in Peter's Canyon reservoir, and sales tax on the construction materials to be
used in the proj
ect.Run Off Management Plan (ROMP) - Mr. Knight indicated that the ROMP is a storm water
drainage plan and water quality program which has been approved by the County of Orange and
recommended for adoption by the Peer-Reviewer. He stated that the actions implemented as
a result of the ROMP included: diverting flows away from Peter's Canyon Reservoir and
Handy Creek, additional culvert at Jamboree, flood condition improvements for Irvine Park,
installation of water quality best management practices, water detention wetlands to allow water to
percolate and be treated, elimination of low flow nuisance run-off during summer months,
treatment of first flush storms and
stream stabilization.Design Guidelines for Santiago Hills II and East Orange Area I - Conceptual Design
Guidelines for East Orange Areas 2 and 3 - Mr. Knight explained the guidelines on each project, which
include: landscape designs; neighborhood designs; architectural designs-Spanish Colonial
and Cottage Monterey craftsman; and home types--conventional single-
family detached,
duplexes,single-family attached;Tentative Tract Maps 16199, 16201 and 16514 - Mr. Knight explained
Tentative Tracts 16199 and 16201 are in the Santiago Hills II Project and Tentative Tract 16514 is in
the East Orange Planned Community Area 1. He detailed the notable features of
each tract map:TractMap 16199 - South of Chapman Avenue along Jamboree Road, west of
the corridor.The knoll located in this area will be preserved as native
open space;Marsh area, which now contains a
riparian area;Local park for this site and local trail system connecting to the County
trail system.Tract Map 16201 - North of Chapman, up to Irvine
Park.Open space area adjoining Irvine Park will be offered in dedication to the
park;Many ofthcse areas will remain as native with trees preserved in place and all the
homes built will be shielded from the
park.The elimination of the elementary school has resulted in a revised park program.
Instead of a 4.78 acre park, it is proposed to have a three acre park, a three acre private
recreation facility for residents, and the City would receive $4,250,000 towards Grijalva Park in
lieu of the 1.78 acres. This remaining acreage would result in four additional dwelling
units.PAGE
CITY COUNCIL MINUTES September 27,2005
14. PUBLIC HEARINGS (Continued)
Tract Map 16514-
Large area of open space offered to conservancy - if a conservancy is not interested, then the
Homeowners Association (HOA) will take care of the land;20-
acre sports park.
Conditional Use Permit 2488-03 - Lot 341 of TTM 16201 - Thisapplication was filed by the City
of Orange Redevelopment Agency for an affordable housing plan. The CUP request is for a density
bonus of 46 additional units for a total of 128 dwelling units and a waiver of the development
impact fees-fire, library, police, TSIP fees, as a financial incentive. The
affordability agreement would have to be approved by the City Council and would be in effect
for a minimum of fifty-five years ensuring that the units would retain an affordability
status.Council
Ouestions Mayor pro tem Cavecche asked for clarification of the three-acre private facility
for the residents; mitigation measures versus benefits as a result of the Development
Agreement being signed; and the waiving of fees in addition to the density bonus. She asked if the
fiscal analysis has been performed by staff on the project without Area III; and asked for clarification
on the
TSIP fees.Mr. Knight clarified the plan by the Irvine Company to build the private facility
with pool,meeting room, and possible additional amenities; that the CUP conditions include
the density bonus and possibly the waiver
of fees.City Manager, John Sibley indicated that staff has completed the
fiscal analysis.Roger Hohnbaum, Assistant City Engineer, indicated that payments
for transportation improvements which are to be made by the Applicant will consist of three categories:
Area C Transportation System Improvement Program Funds, Traffic Impact Mitigation
Fair Share Payments, and a Supplemental
Traffic Contribution.In response to questions posed from Councilmember Dumitru, Mr. Knight indicated
that the private park facility will be exclusively for the residents use; the SHII project is a total
of 496 acres; and Area I has 120 acres of preserved open space which will be patrolled by
the
County Sheriff.Councilmember Dumitru also expressed concern that the ROMP was not more
readily available to
the public.Councilmember Smith asked about the water basins and also the additional staff
time involved with the Mitigation
Monitoring Program.
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CITY COUNCIL MINUTES September 27,2005
14. PUBLIC HEARINGS (Continued)
Mr. Knight indicated the City can choose to maintain some of the water basins where the water
flows over the public right-of-way to ensure efficient operation. It was also noted
the fiscal analysis addresses staff time involved in this project, pointing out that costs are taken
from the permit fees collected by
the City.In response to statements by Councilmember Ambriz regarding the toll roads,
Mr. Knight indicated that an additional on/offramp will be built at Weir Canyon. This will
alleviate some of the congestion on Santiago Canyon Road and Cannon. He also noted
that environmental studies look at all anticipated projects in the area for traffic analyses, including
the Mountain Park development
in Anaheim.Councilmember Ambriz asked when funding would be available to address traffic
problems that exist today; if the City of Villa Park had commented on any inherent traffic problems
they may inherit as a result of this project; where the school will be located in SHII; and asked
about the ROMP and the problems with Handy Creek. He asked about the traffic studies and
the numbers used based on certain projections. He also clarified that there are no plans for a jail
in
East Orange.Mr. Knight indicated the City of Villa Park had sent a letter regarding schools, but
not traffic problems; that the plan for locating the school is in Area I, adjacent to the Sports Park;
and that there are no additional plans to address existing problems in Handy Creek. He
also indicated that the traffic studies are based on zoning projections and based on the entire build out
of the
proj ect.Responding to questions regarding the TSIP funds, Mr. Knight explained that $2.3 million
of the fees will go to the intersection improvements and that another $4 million is being
paid through the Development Agreement. He further stated that the $2.3 million may not be enough
to cover the fair share costs of the improvements, which would require a portion of the $4
million to cover the deficit to complete
the improvements.Assistant City Engineer, Roger Hohnbaum stated that the fair share payment for
mitigation of the twointersections - Santiago Canyon Road/Cannon, and ProspectlChapman is more than
the TSIP funds available. $3.45 Million is left over for other areas needing
improvements.The Irvine Company Senior Vice-President, Dan Miller, presented the report
on the development, stating that many workshops and community meetings were held to
review the details of this project. He spoke on the size of the development in comparison to the size
of the open space involved and the length and activities that have been part of the process, as
well as the benefits of the project. He stated that the East Orange project is less than 2,000 acres
in a sphere of influence of 22,000 acres equating to 90% of the land involved remaining
as open space permanently; and this project will finalize the remaining buildable area,
which is surrounded by 100,000 acres of
open space.
CITY COUNCIL MINUTES September 27,2005
14. PUBLIC HEARINGS (Continued)
Mr. Miller indicated the EIR and response to comments were made available to the community
well beyond requirements; and that The Irvine Company has met and negotiated with the School
District.
Mr. Miller stated that the fee ordinance resulted in $ 112.5 million being generated for the City,
but to maximize the benefit to the community, all improvements made as a result of the project
amounts to $245 million in public improvements.
Mr. Miller stated that the Irvine Company has committed to 160 conditions of approval and 230
measures in the mitigation monitoring plan. He thanked the City staff, consultants and the
community for their cooperation.
Responding to Council questions, Mr. Miller stated the Weir Canyon offlon ramp from the toll
road will be completed in 2007; The Irvine Company has provided statistics to City staff for the
fiscal analysis; the concept of the project is twenty years old-this version being into its
third year; The Irvine Company is opposed to the suggested tunnel concept through the hills
to alleviate traffic; and that the projected buildout is five to seven
years.MAYOR MURPHY OPENED THE PUBLIC
HEARING Those speaking In
Favor:Comments included: The Irvine Company has listened to the community and
made modifications to the plan; there is an obligation to provide housing with balance
and thoughtfulness; recreational opportunities with the
project;Tammy Warren, East Orange
resident Eric Inglett, Address on
File Tom Grochow, Pine
Street Mike Boeck, Silverado
Canyon Those speaking in
Opposition:Comments included: Traffic congestion; need more affordable housing with this
development;need for additional infrastructure to support the housing; impacts to schools; agreement
with School District is not adequate; need to address water and sewer service issues; availability
of documents was not adequate; suggestion to change plan to a smaller, urban village area closer
to the City limit; limited access to the project area; requested recirculation of
environmental document; environmental impact to Arroyo toad; impacts to Santiago Canyon Road and
adjacent residences; request to keep Santiago Canyon Road a 4-lane road and not expand it to
a 6-lane super highway; light pollution and impacts to night time sky; need for
a
more balanced project.John Baker,
Address on File
Florice Hoffman, Orange Theresa Sears,
Address on
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CITY COUNCIL MINUTES September 27, 2005
14. PUBLIC HEARINGS (Continued)
Julia Jones-Ufkes, Address on
File John Ufkes, Address on
File Kathy Ashford, Address on
File Andrew Ashford, Address on
File Tom Davidson, Address on
File Chris Koontz, Address on
File Elizabeth Bonner, Address on
File Ed Amador, Canyon Land Conservation
Fund Karl Greenblatt, Address on
File Nick Terpstra, Jarnestown
Way Nick Draganov, East Orange - submitted petition
Anthony Mack, Silverado Canyon
Sherry Meddick, Silverado Canyon
Scott Breeden, Silverado Canyon
Robert Ward
Other Comments:
Peter Wetzel, Address on File - donot build in Area 3; do not build a shopping center; need more
traffic mitigation; public trails should remain public.Martha
Wetzel, Address on File - do notbuild in Area 3; need more assessment of the project.The City
Council continued this item to October 11, 2005 at 7:00 p.m. The public hearing remains open.
15. PLANNING
AND ENVIRONMENT - None.16. ADJOURNMENT - The
City Council adjoumed at I I :00 p.m.The next Regular Council
Meeting is scheduled for October I 1,2005.Declaration of City Clerk,
Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of September 27,
2005 at Orange Civic Center kiosk, Police facility at 1107 North Batavia,Shaffer Park; all of
said locations being in the City of Orange and frcely accessible to members of the public at least 72
hours before commencement of said regular meeting; and available at the Civic Center City Clerk's Office.
ARK A. MURP MAYOR
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