HomeMy WebLinkAbout9_14_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 28, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 14, 2004
The City Council of the City of Orange, California convened on September 14, 2004 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 Dr. Allan Stark, Orange Rotary
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Presentation of colors by Boy Scout Troop 241, St. Paul's Lutheran Church
1.3 ROLL CALL
PRESENT -ABSENT -
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche None 1.
4
PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Announcement from
the Library Services Director on the launch of "Catalog Plus,"Orange Public
Library's new online catalog.Presentation of
a Proclamation announcmg Inner Coastal Watershed Cleanup Day,September 18,
2004.Presentation of
Proclamations honoring Orange Housing Development Corporation and Orange Rotary
Club for their joint efforts on the Orange Rotary Senior Plaza Project at 235 W.
La Veta.Mayor pro
tern Cavecche announced the Orange County Vector Control District would not be
picking up any more birds in Orange as there is no more need to test the birds.Mayor pro
tern Cavecche announced that September is Childhood Cancer Awareness Month.1
CITY COUNCIL MINUTES September 14, 2004
2. PUBLIC COMMENTS
Paul Wizicowski, 147 N. Bitterbush, asked for assistance on a Code Enforcement
problem on Bitterbush. The City Manager was instructed to look into this and will
provide information back to the Council.
Ursula Grabowska, Address on File, spoke on cultural diversity.
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 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of September 14, 2004 at Orange Civic Center north
facing kiosk, Police facility at 11 07 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 commencement of said regular meeting; and available at the
City Clerk's Office and Main Public Library, 101 N. Center Street.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated August 19, 26 and
September 2, 2004 .
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, August 24, 2004.
C2500.DA)
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
2
CITY COUNCIL MINUTES September 14, 2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
REMOVED AND HEARD SEPARATELY)
3.5 Fourth Amendment to Consultant Agreement with Curbside, Inc., for continuation
of the Door-to-Door Used Oil Collection Program and related services,
funded by the California Integrated Waste Management Board Used Oil
Block Grants.A2IOO.0 Agr-2224.
I.D.4)SUMMARY: Used Oil Block Grants are awarded each fiscal year and
have a three-year spending cycle. The City is currently utilizing sth Cycle Used Oil
Grant funds, and 9th Cycle funds have been received and are available for expenditure.
The City has applied for the 10th Cycle grant and is awaiting notification of that grant
award. Staff wishes to extend the agreement with Curbside, Inc. through June 30, 2005 for
an amount not to exceed the combined total of the sth, 9th, and 10th Cycle grant
awards. This will enable the City to continue the successful used oil collection,
recycling,
and public education program.Note: Staffrequested this item be withdrawn and continued
to no date certain.Councilmember Coontz asked that information be provided on
collections at doors, if there is a limit on the number of collections, how much the grant is,
the success of the program and how
the program is advertised.Councilmember Ambriz asked that information be provided on how
many pick ups there were in 02-03 and 03-04 and 04-05; what is being done
with the oil, is the oil being recycled, charges for latex paint and light bulbs, and
asked for a more clear definition of what a city sponsored event is and to what
extent is this
a city sponsored
event.MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved to withdraw this item from the Agenda and continue
to no date certain.3.6 Sewer Service Agreement - Request by Shad and Janelle Arnold
to connect their property to City of Orange sewer. (
A2100.0 Agr-4540)SUMMARY: Shad and Janelle Arnold, owners of residential
real property located at 20041 East Clark Avenue in an unincorporated area of the
County of Orange, have requested to connect their house sewer lateral to the City sewer
main in Clark Avenue.They have executed a Sewer Service Agreement with the City
of Orange and are
requesting City Council approval.ACTION: Approved the connection request from Shad and
Janelle Arnold and authorized the Mayor and the City Clerk to execute this Sewer Service Agreement
on
behalf of the City.FISCAL IMP ACT: None. The property owners have
paid
CITY COUNCIL MINUTES September 14, 2004
3. CONSENT CALENDAR (Continued)
3.7 Sewer Service Agreement - Request by John and Julia Dikes to connect their property
to City of Orange sewer. (A2100.0 Agr-4541)
SUMMARY: John and Julia Dfkes, owners of residential real property located at 20121
East Clark Avenue in an unincorporated area of the County of Orange, have requested to
connect their house sewer lateral to the City sewer main in Clark Avenue. They have
executed a Sewer Service Agreement with the City of Orange and are requesting City
Council approval.
ACTION: Approved the connection request from John and Julia Dfkes and authorized the
Mayor and the City Clerk to execute this Sewer Service Agreement on behalf of the City.
FISCAL IMP ACT: None. The property owners have paid all connection fees.
3.8 An Agreement with the law firm of Liebert Cassidy Whitmore. This firm represents
the City in various safety personnel matters. (A2100.0 Agr-I042.Q.
l)SUMMARY: The City currently has an agreement for fiscal year 2003-04
with Liebert Cassidy Whitmore for an amount not to exceed $60,000 to provide
personnel legal services. The term of the agreement has expired and therefore, the City would
like to enter into a new contract to extend the term for an
additional year.ACTION: Approved and authorized the Mayor and City Clerk to execute
an Agreement with Liebert Cassidy Whitmore on behalf of
the City.FISCAL IMP ACT: Sufficient funds are available III the Personnel
Legal Services Account
No.
100-0301-426111.APPROPRIATIONS 3.9 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 $18,159.20 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 unreserved balance
of the General Fund:100-3023-429400-2527 $18,159.
20 Santa Ana Fire Training 03-04 Grant FISCAL IMP ACT: None. Grant
funds
have
CITY COUNCIL MINUTES September 14, 2004
3. CONSENT CALENDAR (Continued)
BIDS
3.10 Bid No. 045-01; Award a contract to Lynch Communications of Riverside,
for installation of a traffic signal interconnect and fiber optic cabling, at
various locations in the City of Orange. (A2IOO.0
Agr-4542)SUMMARY: The proposed improvements will improve traffic efficiency and
provide a high-speed fiber optic communication link between City Hall
and the Traffic Management Center at the Corporate Yard. Four proposals for
this project were received. Lynch Communications of 570 E. La Cadena Drive,
Riverside, CA 92501,submitted the lowest responsive bid of $
433,
000.00.ACTION:1. Approved a $90,000.00 fund transfer from 272-
5032-483100-6027 (Traffic Signal -Serranoat Magdalena)
to
272-5032-483100-6463 (Main/Chapman Signal Interconnect).2. Determined Lynch Communications to
be
the lowest responsive bidder for Bid No.045-01.3. Awarded a contract to Lynch
Communications in the amount of $433,000.00 and authorized the Mayor and
City Clerk to execute on behalf of the City.FISCAL IMP ACT: Upon transfer,
funds for
this project will
be available III
the following accounts:
357,138.00 90,
000.
00
447,
138.00 3.11
CLAIMS (C3200)550-5032-
483100-6463 272-5032-483100-6463 Total Main/Chapman Signal Interconnect Main/Chapman
Signal Interconnect SUMMARY: The following c1aim(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 c1aim( s) be denied.a.
Virginia
CITY COUNCIL MINUTES September 14,2004
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Final Acceptance of Bid No. 034-35; S.P. 3454; CDBG Street Reconstruction, FY
03-04, and authorization to file Notice of Completion with the County Recorder (
No staff report
reQuired).SUMMARY: 034-35; S.P. 3454; CDBG Street Reconstruction, FY
03-04. Contractor:
Orion Contracting Inc.. Staffrecommends
acceptance of improvements.ACTION: Accepted public work improvements, authorized release
of Western Surety Company, Arizona, Bond No. 58619633, in theamount of $371,409.
00, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
FISCAL IMPACT: None.3.13 Final acceptance of a certain public work and improvement; Bid
No. 034-34, the recoating of the interior of Reservoir 4. (
No staff report reQuired.)SUMMARY: Robison-Prezioso, Inc. was awarded a contract
on January 13, 2004 for recoating the interior of Reservoir No.4, a five
million gallon steel drinking water storage tank, was completed and accepted by the City Council of
the City of Orange on September 14, 2004. Total cost of the
work was $412,995.00.ACTION: Accepted public work improvement,
authorized release of retention funds,and authorized the Mayor and City Clerk to
execute the Notice
of Completion.FISCAL IMPACT: None.3.14 Final Acceptance of traffic signal and
striping modification design services for Glassell St. and Chapman
Ave. (No staff report reQuired.)SUMMARY: Katz, Okitsu & Associates was awarded a contract
on March 4, 2004 for design services modifying a traffic signal at Chapman Ave.
and Malena Dr. to add protected left-turn phasing on Chapman Ave.
Additionally they prepared a new signal design for the complex offset intersectionof Glassell
St. and Adams Ave.lWilson Ave.Total cost of these
design services was $13,700.00.ACTION: Accepted public work
improvement, authorized release of retention funds,and authorized the Mayor and City Clerk
to execute the Notice
of
Completion.
CITY COUNCIL MINUTES September 14,2004
3. CONSENT CALENDAR (Continued)
3.15 Award of Contract - Bid No. 045-08; SP 3491 Annual Service Contract for Concrete
Replacement at Various Locations 2004-05. (A2IOO.0
Agr-4543)SUMMARY: This project is part of the annual street maintenance activities for
curb and gutter, cross gutter, driveway approach, and sidewalk replacement at
various
locations Citywide.ACTION: Awarded a contract in the amount of $204,250.00 to Kalban,
Inc. 9075 Glenoaks Blvd., Sun Valley, CA 91352, and authorized the Mayor and the City
Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds are budgeted and are available in the
following account:262-5021-427100 Measure M - Contractual
Services $250,000 3.16 Award of Contract - Bid No. 045-05; Rolling
Green Lane Cul-de-sac Reconstruction, east of Queens Gate
Way, SP-3494. (A2IOO.O Agr-4544)SUMMARY: The bids were received and
opened on August 26, 2004. Five contractors responded to the invitation for bids. The
apparent low bidder
is Damon Construction for 68,150.00.ACTION: 1) Appropriated $18,000 from
Fund 601 (Water Capital Projects) into Account No. 601-8041-483300-3120; 2) Awarded
the contract in the amount of $68,150.00 to Damon Construction,
8851 Watson Street, Cypress, CA 90630 and authorized the Mayor
and City Clerk to execute on behalf of the City.FISCAL IMP
ACT: Upon appropriation, funds are available
in the following accounts:262-5021-
483300-
3120 $55,000 Local Street Maintenance 601-8041-483300-3120 $18,000 Water Capital Projects QUITCLAIM 3.
17 Quitclaim of an old Santa Ana Valley Irrigation Company (S.A.V.I.)
Easement at 511,535 and 615 West Grove Avenue (one parcel with three addresses). (D4000.0)
SUMMARY: This S.A.V.I. easement has been abandoned
for many years and has been offered to the adjoining property owners for their
private use.ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to
Turner Orange, LLC, a California Limited Liability Company
for the S.A.V.I. easement located at 511,
535
and
615
CITY COUNCIL MINUTES September 14, 2004
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.18 RESOLUTION NO. 9908 (S4000.S.3.1.2)
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9468,
and adopting a Revised Master Resolution of Permit Parking Areas within the City of
Orange.
ACTION: Approved.
3.19 RESOLUTION NO. 9911 (C2500.M.I6.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2004-06 adjusting lot lines of certain real property situated at 1071 and 1061
North Meads Avenue in the City of Orange, County of Orange, State of
California.Owners:John & Judith
Hormuth James & Nicole
Stepanian ACTION:
Approved.SPECIAL
EVENTS REMOVED AND HEARD
SEPARATELY)3.20 Request for the temporary closure of the municipal parking lot at 170 S. Olive
St.adjacent to the Senior Center), on Sunday - September 19,2004 for a special event.
ORI800.0.2I)
SUMMARY: Orange Elderly Services is requesting the temporary closure of the
Municipal Parking Lot (Lot No. F), on the east side of the block adjacent to their
building, to hold a fund raising "Motorcycle Poker Run" event. The parking lot will be
used to act as a staging area for the motorcycle rally.
Councilmember Ambriz encouraged residents to support this special event and also the
Meals on Wheels Program which benefits from this fundraiser.
MOTION - Ambriz SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved.FISCAL
IMP ACT:
None.8 r--
CITY COUNCIL MINUTES September 14, 2004
3. CONSENT CALENDAR (Continued)
MOTION - Alvarez SECOND -
Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.5
and 3.20 were 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.5. REPORTS FROM COUNCILMEMBERS
Off-Al!enda Item
Councilmember Coontz raised
concerns regarding temporary signage in the city, as there has been an increasing
number of signs posted on weekends in the public right-of-ways. She specifically
noted the signs around Katella and Tustin from furniture companies and from Amel property
management company; and hoped the sign manufacturers could be fined along with the businesses.
Mayor
pro tern Cavecche offered the suggestion to require persons applying for, or renewing,business
licenses to sign a disclosure statement on the City's sign regulations.City
Attorney, David DeBerry stated that the sign ordinance makes provision to fine both the person
posting the sign as well as the principle advertiser.Mayor
Murphy added that there are several neighboring cities that might want to join together to address
this issue of concern in their cities also.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.9
CITY COUNCIL MINUTES September 14, 2004
7. ADMINISTRATIVE REPORTS
7.1 Report on an interim contract for traffic signal maintenance services. (A2IOO.O
Agr-0332.
E)SUMMARY: This interim contract will allow the City to continue routine traffic
signal maintenance services until staffing and equipment are in place to perform such tasks in-
house as a cost saving measure, without the need for an
outside contractor.Discussion - Councilmember Alvarez asked for a breakdown of the costs and
requested information on the cost savings the City will realize by performing traffic signal maintenance
in-
house.Director of Public Works, Harry Thomas, explained the various costs associated with this
item and agreed to provide Council with an updated report on the cost
savings.MOTION - Coontz
SECOND - Ambriz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: 1)
Approved an appropriation from Fund 273 (unreserved fund balance) to 273-5032-427100
in the amount of $149,000.00; and 2) Approved contract agreement with Signal Maintenance,
Inc. in the amount of$149,000.00 and authorized the Mayor and City
Clerk to execute on behalf of the City.FISCAL
IMP ACT: Upon appropriation, funds will be available in the following account:273-
5032-427100-0000 Contractual Services $149,
000.00 8. REPORTS FROM CITY MANAGER -
None.9.NOTICED HEARINGS TAPE
1600 9.1 PROPOSED STREET VACATION - PORTION OF UNIVERSITY DRIVE,
EAST OF AND ADJACENT TO GLASS ELL STREET. (S4000.S.4)
Request from Chapman University for vacation of a portion of University Drive, east of and
adjacent to G1assell Street. Having duly noticed and posted notice of hearing the City Council
has set this time for all persons interested in the proposed vacation and to consider whether to
adopt Resolution No. 9907 for the purpose of vacating that portion of University Drive.
Harry Thomas, Public Works Director, provided a report.
MAYOR MURPHY OPENED THE HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE HEARING.
10
CITY COUNCIL MINUTES September 14, 2004
9. NOTICED HEARINGS (Continued)
RESOLUTION NO. 9907
A Resolution of the City Council of the City of Orange finding that a portion of that public street
commonly known as University Drive generally located east of and adjacent to Glassell Street is
no longer needed by the public and ordering the vacation thereof.
MOTION - Alvarez SECOND -
Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to approve
Resolution No. 9907.10. LEGAL AFFAIRS
10.1 ORDINANCE
NO. 18-04 (SECOND READING) (A2S00.0 ORD-I8-04 Water)
An Ordinance of the City Council of the City of Orange Amending Chapter 7.01 of Title 7 of
the Orange Municipal Code Pertaining to Water Quality and Storm Water Discharges.
MOTION - Alvarez SECOND -
Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 18-04 be read by title only and same was adopted and approved by the preceding
vote.10.2.
ORDINANCE NO 20-04 (FIRST READING) (A2S00.0 ORD-20-04
Residential Trash
Containers)An Ordinance of the City Council of the City of Orange amending Section 8.28.050 of
the Orange Municipal Code relating to storage of residential trash
containers.
Discussion Council supported using the utility bills to inform residents of the new regulation; and also
raised enforcement
concerns.City Attorney, David DeBerry, stated that a violation to this ordinance would be handled
like other code violations. It is the City's practice to give a reasonable time for compliance
before assessing a
fine.
CITY COUNCIL MINUTES September 14,2004
10. LEGAL AFFAIRS (Continued)
Council directed staff to corne back with a penalty plan, stating that there needed to be a course
of action to penalize violations.
Mayor pro tern Cavecche stated for the record her concern for trash cans being visible behind
chain link or wrought iron fencing; suggesting that this type of violation be addressed in the
future if it becomes a problem.
Mr. DeBerry added that this ordinance applies to private streets and alleys in addition to public
streets.
MOTION - Coontz SECOND -
Murphy AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 20-04 be read by title only and same was set for second reading by the preceding
vote.11. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS
TO CLOSED SESSION The City
Attorney explained the need to add an item to Closed Session.MOTION - Cavecche
SECOND - Murphy AYES -
Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved to add the following
item to the closed session agenda, pursuant to Government Code Section 54954.2, finding that
the matter arose after the posting of the agenda and there was a need to take immediate action
Conference with legal counsel - existing
litigation pursuant to Government Code Section 54956.9; Thomas Gorzynski v. City
of Orange, et aI., USDC Case SACV03-469 DOC(MLGx)The City Council
recessed at
5:40 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel -
Significant exposure to litigation pursuant to Government Code Section 54956.9(b). (one
potential case).b. Conference with Real Property Negotiator -
Real property negotiations pursuant to Government Code Section 54957.1:Agency Negotiator:
David De Berry 12 T-----. ----~--. .
CITY COUNCIL MINUTES September 14, 2004
12. RECESS TO CLOSED SESSION (Continued)
Property:
Negotiating Parties:
Under Negotiation:
La Veta Park, 3705 East La Veta
City, Union Pacific Railroad, Sunnyslope Trees
Price and other terms of purchase
c. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency designated representatives: Steven Pham, Mike Harary
Employee organization: All groups
d. Public Employee Appointment pursuant to Government Code Section 54957.
Title: Finance Director
e. 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
Ursula Grabowska, Address on File suggested every household recycle their own trash to clean
up the City.
14. PUBLIC HEARINGS
14.1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ORANGE AND
THE CITY LIMITED PARTNERSHIP (EQUITY OFFICE PROPERTIES) -CONDITIONAL
USE PERMIT 2379-01 AND 2380-01; MAJOR SITE
PLAN REVIEW 107-99 AND 108-99. (
A2100.0 Agr-4545)Time set for public hearing to consider a request from CA-
The City Limited Partnership (herein referred to as Equity Office Properties) for a Development
Agreement to extend the approval dates for two projects for up to 15 more years. The Development
Agreement will have the effect of giving Equity Office Properties a vested right to develop the following:
I) a 10-story, 200,000 sq. ft. office building and a 5-level, 1,528 space parking structure on
a 6.36 acre parcel located at the northeast comer of Metropolitan Road and Lewis Street; and
2) a 19-story, 360,000 sq. ft.office building and a 6-level, 2,720 space
parking structure on a 12.20 acre parcel located approximately 600 feet east of Lewis
Street on the north side of Metropolitan Road, herein referred to
as the 605 and City Plaza Two Projects, respectively.Note: The environmental impacts of
the proposal have been
reviewed
CITY COUNCIL MINUTES September 14, 2004
14. PUBLIC HEARINGS (Continued)
Staff Report
Director of Community Development, Alice Angus, presented the staff report, highlighting the
benefits the City will receive with this Development Agreement, including, strategic placement
of a traffic monitoring camera; sales tax accrual; and cooperation between the developer and
The Mills for expansion of The Block.
Ms. Angus added that there are backstop measures if an agreement is not reached between
Equity Office Properties and The Mills within a certain time period, which would result in
further monetary benefits to the City.
Council Questions
Mayor pro tern Cavecche expressed concern that the City would like to see a resolution between
Mills and Equity Office.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Applicant, Susan Sagy, Vice President for Equity Office Properties spoke on the need for the
extension, citing market rents as a driving force behind the extension; and also outlined some of
the benefits to the City, including development fees, impact mitigation fees, increased sales tax
and the desired expansion of The Block.
Councilmember Coontz expressed concern that the applicant work with Mills to reach a
resolution as soon as possible and bring the project to fruition.
Councilman Alvarez asked for a summary of activities since the project was first approved; and
asked about whether Equity or Mills had the controlling interest in resolving matters.
Mark Valantine, representing Equity Office Properties, stated that recession factors and tenants
leaving were two factors in the delay of the proj ect, as well as market rates needing to be at a
level that would support new residential construction activity.
Ms. Sagy added that Equity does not want to build a project and have it sit vacant. They are
waiting until the rental rates rise to support the proj ect. The requested action by Council will
allow them to hold the land until the time is right to build. She noted that the CC & R's provide
that Mills needs consent from Equity for expansion.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Councilmembers spoke in support of the Development Agreement, and it was noted that
although the Council was hearing only one side of the issue, they were encouraged that both
Mills and Equity will come to an agreement as soon as possible.
14
r
CITY COUNCIL MINUTES September 14, 2004
14. PUBLIC HEARINGS (Continued)
Councilmember Ambriz noted the condition in the Development Agreement that allows for
funds to be allocated to the Library and Community Foundations should an agreement not be
reached between Equity and Mills; and spoke on the need to provide an accountability of these
funds. He suggested these funds be designated for park facilities in West Orange, instead of
Grijalva Park, suggesting a joint partnership with the School District for the use of their school
fields.
Council Action:
RESOLUTION NO. 9909
A Resolution of the City Council of the City of Orange making certain findings under the California
Environmental Quality Act and adopting an Addendum to Final Environmental Impact Report 1612-
01 for a Development Agreement by and between the City of Orange and CA-The City
Limited Partnership for Development Projects on the "City Plaza Two Site" and the "605 Building
Site",which are located North of Metropolitan Drive and East of Lewis Street (605 S. Lewis Street
and One City Blvd.
West)MOTION - Alvarez
SECOND - Mayor Murphy AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to
approve Resolution No. 9909.ORDINANCE NO.
19-04 (FIRST READING)An
Ordinance of the City Council of the City of Orange approving a Development Agreement by and
between the City of Orange and CA-The City Limited Partnership for Development Projects
on the "City Plaza Two Site" and the "605 Building Site", which are located North of
Metropolitan Drive and East of Lewis Street (605 S. Lewis Street and One City Blvd. West)
MOTION - Mayor Murphy SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 19-04 be read by title only and the same was set for second reading by the
preceding vote.15
CITY COUNCIL MINUTES September 14,2004
14. PUBLIC HEARINGS (Continued)
14.2 ZONE CHANGE 1220-03; IMMANUEL LUTHERAN CHURCH
SPECIFIC PLAN; MAJOR SITE PLAN REVIEW 288-03;
MITIGATED NEGATIVE DECLARATION 1718-03 - IMMANUEL LUTHERAN CHURCH (ZI500.
0
ZCG-1220-03)Time set for public
hearing to consider:Zone Change 1220-03 to allow a change of zoning from
Office Professional and Duplex Residential
Districts to Public Institution;the Immanuel Lutheran
Church Specific Plan; and Major Site Plan Review 288-03 to accommodate a three phase
Specific Plan for an existing church and school campus; upon property located at 802 E. Chapman
Avenue, and 137
and 147 S. Pine Street.Note: Mitigated Negative Declaration No. 1718-03
was prepared III accordance with the provisions of the
California Environmental
Quality Act Section 15070.Staff Report Director of Community Development, Alice Angus,
presented the staff report emphasizing the conditions in place regarding the desired relocation of the parsonage
to another site in the Old Towne area, with the additional point of using it as a residence. If there is
not a site in the Old Towne Historic District, the environmental documentation states
that another location in the City of Orange south of CoJlins would be considered. She noted that
the parsonage is not listed
as having a National Registered status.She added that there existed design standards on
new construction requiring use of matching materials. She also added that the lack of parking spaces
at the church/school is addressed through agreements with surrounding businesses for the use
of their
parking lots
during non-business hours.Council Questions Councilmember Coontz pointed out that there are
historic homes north ofCoJlins Avenue, citing examples of one on Taft, one on Shaffer and in the Olive
area. She stressed the importance of having the parsonage stay in the City of Orange; and asked
who would make the decision to move the house, specifically if the site was outside
of the Old Towne Historic District.Ms. Angus noted that an historic survey pointed to the area south
of Collins as a more suitable site for this type of craftsman home. If it did not go in that general
location, it would need to go through a hearing process, either with Planning Commission
or City Council, depending on the extent of the environmental review. Ifno location is found in Orange,
and
CITY COUNCIL MINUTES September 14, 2004
14. PUBLIC HEARINGS (Continued)
the City, then an environmental review would be necessary and would come back to the City
Council.
Councilman Alvarez reiterated the fact that if the parsonage left the City of Orange, it would
have to be approved by Council. He asked if the District would receive a returning benefit due
to the house leaving the District boundaries. He also requested clarification regarding design
standards for the new classrooms to be constructed on the site where the parsonage now sits. He
asked whether the church could add modular buildings in the future, and requested the size of
enrollment at the present time.
Ms. Angus responded that there is no returning benefit to the District if the parsonage is taken
out of the City; however, that scenario would require the Council to review the process and at
that time, the Council could impose mitigating measures.
Mayor pro tern Cavecche requested clarification on the setbacks existing on the site and whether
construction of the permanent buildings would eliminate modular buildings on the site.
Ms. Angus responded that the Specific Plan requires removal of all modular buildings by eight
years after the original improvements and adding a modular in the future would require a
Conditional Use Permit.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Steve Amort, representing applicant, stated they are working with Old Towne Preservation
Association (OTPA) on the relocation of the parsonage house. He also stated that the current
enrollment is 150, with a cap of203 students.
Rick Fox, Architect, talked about the setbacks stated in the Specific Plan and indicated that the
project is designed to maintain the street frontage as it currently exists.
David Miller, 735 E. Fairway, Orange, spoke in favor of the project.
Jeff Frankel, representing OTPA, stated their main concern is with relocation of the parsonage
and suggested the house could be temporarily stored on a lot until a permanent site was found.
Ben Clark, 175 S. Cambridge, stated he was willing to relocate bring the parsonage to his
property ifit would work.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments
Councilmember Coontz stated her concern for the deterioration that would occur ifthe parsonage
was stored until a suitable site could be found.
17
CITY COUNCIL MINUTES September 14, 2004
14. PUBLIC HEARINGS (Continued)
Ms. Angus noted that the parsonage house was not individually listed in the Historic District, and
if were moved to a lot outside the District, it would not have the same protection under the
demolition ordinance.
Mayor Murphy reviewed the four scenarios possible regarding the future of the parsonage - to move
it within Old Towne, to move it out of Old Towne but south of Collins, to move it somewhere
in Orange north of Collins, and to move it out of Orange.City
Attorney, David DeBerry reiterated that if a decision was made to move the parsonage outside
of the City, it would come back to Council for review.Councilmember
Coontz suggested that the parsonage be added to the National Register to force review
of any future decisions made on the location of the home. She then repeated her desire that
the parsonage remain in the City; and asked that the minutes of this meeting be added to the Specific
Plan.Mayor
pro tern Cavecche asked about the time line for the new construction.Ms.
Angus responded there was a phasing plan, that the time line for the kitchen expansion was quick,
but the construction of the Early Childhood Education Center building was tied in with the relocation
of the parsonage.Council
commended staff and the church for their efforts in this proj ect.Councilmember
Ambriz suggested the City of Orange may want to investigate the possibility of purchasing
the parsonage for future city offices as the City is currently using modular buildings on
a City lot.Mr.
DeBerry suggested a condition could be added to the Specific Plan to allow for historical protection
for the parsonage.Council
Action:MOTION -
Mayor Murphy SECOND - Alvarez
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Adopted Mitigated Negative Declaration
No. 1718-03 and the associated Mitigation Monitoring Program.18
CITY COUNCIL MINUTES September 14, 2004
14. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 21-04 (FIRST
READING)An Ordinance of the City Council of the City of Orange approving the reclassification
of property from OP (Office Professional) and R2-6 (Duplex Residential) to
Public Institution-Specific
Plan (PI-SP).
Zone Change 1220-03
Applicant: Immanuel Lutheran Church
MOTION - Mayor Murphy
SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz,
Cavecche Moved that Ordinance 21-04 be read by title only and same was set for second reading
by the
preceding vote.RESOLUTION
NO. 9913 A Resolution of the City Council of the City of Orange approving the
Immanuel Lutheran Church Specific Plan to accommodate future development of the Church and
School Campus located at 802 East Chapman Avenue, 137 and 147 South
Pine Street.Applicant: Immanuel
Lutheran Church MOTION - Mayor
Murphy SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved
to approve Resolution No. 9913; with the added condition to the Specific Plan that the parsonage
shall achieve the same historical protection as if the house remained in its present location.
The
Minutes of this meeting are also to be attached to the Immanuel Lutheran Specific Plan.RESOLUTION
NO. 9912 A
Resolution of the City Council of the City of Orange approving Major Site Plan Review No.288-
03 to allow the future development of the Immanuel Lutheran Church and School Campus
located at 802 East Chapman Avenue, 137 and 147 South Pine Street.
Applicant: Immanuel Lutheran Church
MOTION - Mayor Murphy SECOND -
Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to approve
Resolution No. 9912.19
CITY COUNCIL MINUTES September 14,2004
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT The
City Council adjourned at 8:45 p.m. The next Regular Council meeting is scheduled for September
28, 2004.M~
URPH~ ....~
CITY CLERK
20 T