HomeMy WebLinkAbout8_12_2003 - Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 26, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 12,2003
The City Council of the City of Orange, California convened on August 12, 2003 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. Carol Edwards, Christian Science Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Councilmember Coontz
spoke on the benefits of the Orange High School Marine Corps Junior ROTC
program. Because of such great interest in the program, there has been an increased enrollment;
and in order to accommodate the instructional costs of the increased enrollment, $
9,000 is needed, with $6,000 raised so far. She stated donations can be
sent to the Orange Unified School District Superintendent at 1401 N. Handy in Orange. Checks
can be made out to the Orange High Marine Corps Junior ROTC; and she has
volunteered to take checks to the District Office or to answer any questions.2. PUBLIC
COMMENTS - None.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, Cassandra J. Cathcart, declaring posting of the City Council Agenda of
a Regular Meeting of August 12, 2003 at Orange Civic Center City Clerk's
Office, north facing kiosk, Main Library at 101 N. Center Street, Police Facility at 1107
North Batavia, Shaffer Park and available on the City's Website www.cityoforange.org;
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.PAGE
1
CITY COUNCIL MINUTES August 12, 2003
3. CONSENT CALENDAR (Continued)
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 July 17, 22, 24, 31, 2003.
ACTION: Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of July 22, 2003.
Note: Mayor pro tern Cavecche abstained on this item.
ACTION: Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and the County of Orange for use of the
Sherifrs Department Training Facility and Shooting Range. (A2100.0 AGR-
4337)SUMMARY: The Police Department currently uses the facilities at Evans
Gunsmithing and Shooters World (EGSW) for firearms training and qualifications. EGSW, a
public facility, recently relocated to a smaller facility thus limiting training opportunities.
The Orange County Sheriffs Department recently opened a state-of-
the-art firing range designed for and limited to police personnel. The Department would like
to enter into a contract with the County of Orange for use of the Sheriffs
facility for firearms training.ACTION: Approved the Agreement between the City of Orange
and the County of Orange in an amount not to exceed $30,000 for fiscal year
03-04; and authorized the Mayor and the City Clerk to execute the Agreement
on behalf of the City.FISCAL IMPACT: There are sufficient funds
budgeted in
account number 100-4011-445400 (Administration-Armnunition).3.6 First Amendment to
Consultant Services Agreement No. 4141 with Carollo Engineers for
professional engineering services for the Vulnerability Assessment Study for the drinking water system for the
City of Orange. (A2100.0 AGR-4141.1)SUMMARY: This contract
amendment is for extra services performed by Carollo Engineers for professional
engineering services rendered for and during the Vulnerability Assessment
Study for the city's drinking water system.ACTION: (1) Appropriated $3,
016.11 from Water Capital Fund 601 Unappropriated
Reserves into Account No. 600-8011-426200-8100 (Vulnerability Assessment Study).2)
Approved the First Amendment to Consultant Services Agreement No. 4141 with Carollo Engineers for $3,016.
11 and
authorized the
City
CITY COUNCIL MINUTES August 12,2003
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Grant Funds (Grant No. HS-82995801-0) of $115,000
have been awarded to the City by the USEP A specifically for this project. The City
is being reimbursed for contracted costs for the development of the
Vulnerability
Assessment Study.3.7 Cooperative Agreement between the City of Orange and the County of
Orange for pavement rehabilitation of Chapman Avenue from Loretta Drive to
Hewes Street.A2100.
0 AGR-4338)SUMMARY: The Cooperative Agreement between the City of Orange and
the County of Orange establishes the funding and respective responsibilities of each
agency for the rehabilitation
of Chapman Avenue.ACTION: 1. Approved the Cooperative Agreement and authorized the
Mayor and City Clerk to execute on behalf of the City. 2. Appropriated $88,300.00 to
Account No. 550-5011-483300-3211 and amended the revenue budget to reflect
the receipt of the grant
proceeds into account No. 550-5011-264600-3211.FISCAL IMP ACT: Upon appropriation
funds will be available in the following
account:550-5011-483300-3211 $88,300 AHRP - Chapman Avenue 3.8 A
consultant services agreement with Hogle Ireland, Inc. a private planning consulting firm, to provide
work in the areas of current and advance planning and
environmental review related to development proposals for East Orange and
Santiago Hills II by The Irvine Company. (A2100.0 AGR-4339)SUMMARY: This item
relates to the filling of a contract planner position which was previously approved by
the City Council. In January, 2003, the City Council approved a consulting
services agreement with Civic Solutions, Inc. to provide two contract planners to assist
City staff in coordinating the review of the
development proposals and applications for East Orange and Santiago Hills II.Rather than fill
both positions through Civic Solutions, staff is seeking authority to retain one of the
positions through Hogle Ireland. With the exception of using a different consulting firm,
all other details regarding this contract staffing issue will remain the same. Note that staff
is not seeking to increase the number of contract planners, the proposal is merely to
use an alternative consulting firm to provide the services. The City has used Hogle Ireland
to provide contract staffing in the past and that firm
currently provides a contract planner for the Chapman University development proposal.ACTION: Approved
and authorized the Mayor and City Clerk to execute a consultant services agreement with
Hogle Ireland, Inc. for a contract planner to work on Santiago Hills II and East
Orange. The contract amount is not to exceed $175,000.00.FISCAL IMP ACT: None. The
cost of the contract
planner would
be
CITY COUNCIL MINUTES August 12,2003
3. CONSENT CALENDAR (Continued)
BIDS TAPE 200
REMOVED AND HEARD SEPARATELY)
3.9 Project No. S.P. 3430; AHRP Project - Chapman Avenue Rehabilitation from Loretta
Drive to Hewes Street. Approval of plans and specifications, and request for
authorization to advertise. (C2500.M)SUMMARY:
Plans and specifications have been completed for the Chapman Avenue Rehabilitation.
The proj ect is ready to be advertised. The estimated construction cost is 1,
200,000.Discussion
Roy
Shebazian, address on file, suggested the outside lanes be widened on this project to accommodate
the bicycling community.Mr.
Harry Thomas, Public Works Director, stated this is only a replacement of the pavement
and the lane width will remain the same.MOTION -
Cavecche SECOND - Ambriz
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche ACTION: Approved plans and
specifications and authorized advertising for bids for the Chapman Avenue Rehabilitation project.
FISCAL IMPACT: Funds will
be available upon appropriation in the following accounts:550-5011-483300-3211
272-
5011-
483300-
3211
550-5011-483300-
3211 Total 696,
450.00 693,
908.00 88.300.
00
1,478,
658.00 AHRP
Gas Tax County
of Orange 3.10 CLAIMS 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. Pat
Kelly b. Luis Godinez Velasco ACTION: Denied Claim(s) for damages and referred
to City
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
CONTRACTS
August 12,2003
REMOVED AND HEARD SEPARATELY)
3.11 Award of Construction Contract for Project No. S.P. 3097; Chapman Avenue
Widening from Bitterbush Street to Main Street, Bid No. 023-40. (A2100.0
AGR-
4340)SUMMARY: The bids were opened on July 17, 2003. Seven (7) bidders responded
to the request for public bids. The apparent low bidder is R.J. Noble
Company.
Discussion Roy Shebazian, address on file, suggested the outside lanes be widened on this project
to accommodate the bicycling
community.Mr. Harry Thomas, Public Works Director, stated because of existing restrictions,
no additional lane width can be
accommodated.MOTION - Cavecche
SECOND - Ambriz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Awarded
the contract in the amount of$2,4l8,676.50 to R.J. Noble Company,15505 E.
Lincoln Avenue, Orange, CA 92856.FISCAL IMP
ACT: Funds are budgeted and are available in the following accounts:550-5011-
483300-
4038
272-
5011-
483300-
4038
271-
5011-
483300-4038
284-5011-
483300-4038
934-9800-
483300-4038
940-9800-
483300-4038
601-8041-484501-
8423
Total 912,
715 44,567
350,000 548,
362 821,036
150,000 175,
300 3,001,
980 MPAH Gas Tax Special Gas Tax-Const TSIP Area "B"Northwest Project Area Merged Capital
Projects Water Capital Projects 3.12 Final Acceptance of Bid No. 023-
32; SP 3434 - ADA Wheelchair Access Ramps at Various Locations
2002-03 and authorization to file Notice of Completion with the County Recorder (
No staff report reauired). (A2100.0 AGR-3682.B)
SUMMARY:
Bid No.
CITY COUNCIL MINUTES August 12, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvement, authorized release of American
Motorists Insurance Company of Illinois, Bond No. SU5001124 in the amount of
130,800.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
3.13 Award of Contract - Bid No. 034-03; Project No. SP-3286; Santiago Creek
Bike Trail from City of OrangelCity of Santa Ana Boundary line to Tustin
Street.A2100.0
AGR-4341)SUMMARY: The bids were opened on July 17, 2003. Two (2) bidders responded
to the invitation for bids. The apparent low bidder is TMT Development Co.,
Inc. (TK Engineering Co.) of Los Angeles for $352,806.25. The Engineer's
Estimate is 546,720.00, which is 54.96% higher than the
low bid.ACTION: 1) Awarded the contract in the amount of $352,806.25 to
TMT Development Co., Inc. (TK Engineering Co.) and authorized the Mayor and City Clerk to
execute on behalf of the City. 2) Appropriated funds for the Growth Management Area (GMA
3) as follows: 550-5011-486700-6099 $75,
000 Santiago Creek Bike Trail FISCAL IMP ACT: Funds are budgeted and will be
available upon
appropriation
in
the
following accounts:550-
5011-486700-6099
245-5011-486700-
6099 Total 621,508.
00 88.410.00
709,
918.00 Reimbursable Capital Projects (Grants)AB2766 Air
Pollution Reduction DONATIONS 3.14 Donation ofsurplus police vehicle. (C2500.K)SUMMARY: The
Police Department has a surplus patrol vehicle, Unit 1117, which is ready to be retired. The
Department would like to donate the vehicle to the
Golden West College Police Academy for use during field problem exercises.ACTION: Authorized
the donation
of police patrol
unit
1117 to Golden West College Police Academy.FISCAL IMPACT: None.FACILITIES 3.15 Request to open and
use the Main Library and its parking lot on Thursday evening,
September 25, 2003, for au Orange Community Historical Society meeting hosted by
the City of Orange Public Library Foundation to launch
Orange Public
CITY COUNCIL MINUTES August 12,2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Library staff and the City of Orange Public Library Foundation ("Library
Foundation") seek City Council authorization to open and use the Main Library and its
parking lot from 7:30 to 9:00 p.m. on Thursday, September 25, 2003. This would be for
a public meeting of the Orange Community Historical Society, to launch Orange Public
Library's "Historic Orange Preservation Online" website; to display historic photos,
documents, and other artifacts of local history; and to promote the Library Foundation's
Main Library expansion campaign. Light refreshments will be served.
ACTION: Approved request to allow use of the Main Library and its parking lot from
7:30-9:00 p.m. on Thursday, September 25, 2003, for a public meeting of the
Orange Community Historical
Society.FISCAL IMPACT: The cost of 1.5 hours' electrical power usage at the Main Library
is the only direct fiscal impact involved. Indirectly, a few staff members - e.g., the Library
Director and Local History work team - will adjust their work schedules so they can be present
that evening; no overtime will be charged. No library supplies are involved.FEE
WAIVER 3.
16 Request for Senior Citizens Center fee to be waived. (ORI800.0.60)SUMMARY:
The Orange International Street Fair (OlSF) Committee submitted a facility
use permit for the Senior Citizens Center for its annual kick-off dinner on
Wednesday, August 27, 2003 from 5:00 p.m. to 9:00 p.m. The Committee is requesting a
fee waiver in the amount of $500 for use of the facility.
Note: Councilmember Ambriz indicated the correct date for the dinner was wrong in the
Staff Report.
ACTION: Approved the fee waiver in the amount of$500 for use of the Senior Citizens
Center by the Orange International Street Fair Committee.
FISCAL IMP ACT: The waiver of the rental fees for the Senior Citizens Center would
result in the loss of $500 in revenue.
PURCHASES
3.17 Purchase of print and non-print materials for Orange Public Library facilities
from Baker & Taylor, Inc., in the amount of $100,000. (C2500.
I)SUMMARY: This is a request that the City Council authorize a $100,000 purchase
order with Baker & Taylor, Inc., for print and non-print materials (i.e., books,
videos, compact disks, computer software, etc.) for the Main Library and the Taft and El
Modena
Branch Libraries.
CITY COUNCIL MINUTES August 12, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Authorized purchase of print and non-print materials for Orange
Public Library facilities from Baker & Taylor, Inc., in the amount of $100,
000.FISCAL IMPACT: Sufficient funds exist in the following
account:100-2001-443101-0000 - Library
Books $100,000 3.18 Purchase of print and electronic periodical subscription services
for Orange Public Library facilities from Ebsco Subscription Services, in the amount
of $35,
000.C2500.I)SUMMARY: This is a request that the City Council authorize a $35,
000 purchase order with Ebsco Subscription Services for print and electronic
periodical subscription services for the Main Library and the Taft and El
Modena Branch Libraries.ACTION: Authorized purchase of print and electronic
periodical subscriptions for Orange Public Library facilities from Ebsco Subscription Services, in
the amount
of 35,000.FISCAL IMP ACT: Sufficient funds exist in
the following accounts:100-2001-443101-0000 -
Library Books - $11,500 100-2001-443101-
9320 -
Electronic Resources - $23,500 RESOLUTIONS 3.19
RESOLUTION NO. 9764 (C2500.M)A Resolution of the City Council of the City of Orange
approving and adopting the Final Disadvantaged Business Enterprise (DBE) Program
and Established Overall Annual DBE Goal of 10%
for Federal
Fiscal Year 2003-04.ACTION: Approved.3.
20 RESOLUTION NO. 9766 (C2500.K)A Resolution of the City Council of the City
of Orange expressing appreciation to Helga Irene Johnson of the Police Department and
commending her for more than twenty-
eight years
of loyal
and dedicated service.ACTION: Approved.SPECIAL EVENTS 3.21 Request for the temporary closure of the municipal
parking lot at 170 S. Olive St.adjacent to the Senior Center), on Sunday,
September 21, 2003
for a special event.ORI800.0.21)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
CITY COUNCIL MINUTES August 12, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
FISCAL IMPACT: None
TRACT MAP
3.22 Tract Map No. 16443 - Request for approval. (T4000.0 TRT 16443)SUMMARY:
Tract Map No. 16443 creates one lot for condominium purposes at 604-648
North Eckhoff Street.
ACTION: Approved the Final Tract Map No. 16443, and accepted dedication of Eckhoff
Street for street and public utility purposes as shown on the Tract Map.
FISCAL IMPACT: None.
MOTION - Alvarez SECOND -
Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.9
and 3.11 were removed and heard separately. Mayor pro tern Cavecche abstained on Item
3.3. Councilmember Ambrizcorrected Item 3.16 to reflect the correct date of the
proposed event in the staff report. All other items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR MURPHY 4.1 Appointment
to the City Traffic Commission Mayor Murphy suggested
the appointment of Jim Beil to the Traffic Commission, as his experience in the
community would be a valuable asset to the Commission.Councilmember Coontz noted
Mr. Beil, who works for CalTrans, meets with the City on an ongoing basis and
has been very helpful to the City and is very knowledgeable about traffic and transportation issues.MOTION -
Murphy SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved to appoint Jim Biel to
the City Traffic Commission with a term to expire June 30, 2004.5. REPORTS FROM COUNCILMEMBERS - None.PAGE
9 r
CITY COUNCIL MINUTES August 12, 2003
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS TAPE 325 7.
1 Report from the Personnel Director - Salary adjustments required by the City of Orange Police
Association Memorandum of Understanding effective June 29, 2003.C2500.J.
4.2)SUMMARY: Per
the Memorandum of Understanding (MOU) between the City of Orange and the Orange
Police Association (Resolution No. 9385), a salary increase is required to compensate each classification
covered by this MOU at the survey median of eleven (11) pre-selected Orange County
cities. The total cost for this salary adjustment for Fiscal Year 2003-04 is $542,300.
Stephen Pham, Personnel Director, provided a report.
MOTION - Coontz SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Authorized the
Finance Department to implement salary increases retroactive to June 29, 2003. Additionally,
authorized an appropriation in the amount of $533,200 from the unreserved General Fund
balance and an additional $9,100 from the Fund 354 (AB 3229-COPS/State) unreserved
fund balance to the appropriate Police Department salary accounts.FISCAL IMPACT: Adequate
funds are available in the General Fund unreserved fund balance and Fund 354 (
AB 3229-COPS/State) unreserved fund balance for the $542,300 appropriation.7.2
Report from the Assistant City Manager - Approve an Amendment to Joint Agreement for the
Implementation and Operation of the Orange County SOO Megahertz Countywide Coordinated Communications
System dated January 30, 1996. (A2100.0 AGR-2415.1)
SUMMARY: In
1996, the City of Orange, as well as 30 other cities, the Orange County Fire Authority, and
the County of Orange, executed the Joint Agreement for the Implementation and Operation of
the Orange County 800 MHz Countywide Coordinated Communications System.Now all
agencies are being asked to approve an Amendment thereto, which will provide for the ongoing operational
costs of the system, including staff time and remote radio site maintenance.Mr. John
Sibley, Assistant City Manager, provided a report.MOTION - Murphy
SECOND - Cavecche AYES -
Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche ACTION:1) Approved the Amendment
to
Joint Agreement for the lmplementation and Operation of the Orange County 800 MHz Countywide
Coordinated Communications System and authorized the Mayor to execute, and the
City Clerk to attest, said Amendment and to process it through the PAGE 10
CITY COUNCIL MINUTES August 12, 2003
7. ADMINISTRATIVE REPORTS (Continued)
County Clerk of the Board, and; 2) Appropriated $136,588 for the 800 MHz backbone cost-
sharing expense from the following funds and accounts for FY 2003-
04.FISCAL IMPACT: Request additional appropriation in the following
accounts:100-5001-464101-2222 $ 3,141.52 General Fund -
800 MHz System120-4011-464101-2222120,197.44
Prop 172 - 800 MHz System 220-5022-464101-2222
3,004.94 Sanitation & Sewer- 800 MHz System 271-5021-464101-
2222 4,370.82 Gas Tax Construction - 800 MHz System 601-
8041-464101-2222 5,190.34Water Capital Projects -
800 MHz System 710-
5023-464101-
2222 682.94 Equipment Expense - 800 MHz System Total $136,588.00 TAPE
500 7.3 Report from the Library Services Director - Award of consultant services agreement,
as modified, to LPA, Inc., for design and construction support services of the Main Library
expansion, for an amount not to exceed $1,195,881. (A2100.0 AGR-4323)SUMMARY:
This action clarifies the terms ofan agreement between the City of Orange and the design
consulting firm of LPA, Inc., to prepare plans, specifications, and cost estimate,
and to provide construction support services, for Orange's
Main Library expansion project. Dollar amount of the agreement remains at $1,195,881.
Ms. Nora Jacob, Library Services Director, provided a report. In response to Council questions,she reported the main changes
to the contract include the time in which LP A is working with the City,
how LPA's involvement continues and clarifications on the percentages LPA will be paid at each
phase. Because the original contract has not been signed, staff wanted to make these
changes rather than come back with
amendments. These changes
have been reviewed
by the Library staff and Public Works staff.
MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved a clarified agreement
between the City and LPA, Inc., for an amount not to exceed $1,195,881 and authorized the
Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT:
Funding for the Main Library expansion was approved in December 2002 when the City accepted a $9,127,
700 award of State Library Bond Act grant money toward this 16.6 million project. In
the project budget, funds totaling $1,661,376 are specified for architectural and engineering
services, cost estimation and interior design,
e.g., all the services covered by LP A's proposal.Funds
are budgeted and available in the following
accounts (Main Library Expansion)500-2001-
481200-9901 $
2,
CITY COUNCIL MINUTES August 12, 2003
8. REPORTS FROM CITY MANAGER
Mr. John Sibley, Assistant City Manager reported there was a fire in the Lower Peters Canyon
area; and that City and County personnel were on the scene.
9.LEGAL AFFAIRS TAPE 590
9.1 ORDINANCE NO. 16-03 (FIRST READING) (A2500.0 Speed
Limits)An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of
Chapter 10.14 of the Orange Municipal Code pertaining to speed
limits.Note: Councilmember Coontz abstained on this item because her home is in close proximity
to the subject streets; and left the
dais.Phyllis Goldin, 824 E. Palmdale, spoke on the traffic problems in this area such as
speeding,proximity to schools and churches, a large amount of pedestrian traffic and truck traffic;
and asked for assistance in reducing these
problems.Mayor pro tern Cavecche asked why the proposed reduction in speed was only for the section
of Taft between Cambridge and Tustin and not from Cambridge to
Glassell.Mr. Thomas, Public Works Director, stated surveys were conducted on both segments and
the survey from Cambridge to Glassell supported a 45 mph speed; and because these speeds
are governed by the Vehicle Code, it would not be enforceable
iflowered.MOTION - Alvarez
SECOND - Cavecche AYES -
Ambriz, Alvarez, Mayor Murphy, Cavecche ABSENT - Coontz
Moved that Ordinance
No. 16-03 be read by title only and same was set for second reading by the preceding
vote.Note: Councilmember
Coontz returned to the dais.10. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS
TO CLOSED SESSION The City
Council recessed at 6:23 p.m. to a Closed Session for the following purposes:a. Conference
with Real Property Negotiators pursuant to Government Code Section 54956.8 1) Property:
Various segments of Tustin Branch Trail City Negotiator:
David Rudat, Gary Wann, Harry Thomas Negotiating Parties:
City of Orange and Union Pacific Railroad Under Negotiation:
Price and terms of payment, if any PAGE 12
CITY COUNCIL MINUTES August 12,2003
11. RECESS TO CLOSED SESSION (Continued)
2) Property: Stewart Drive, from Main Street to Pepper Street and Pepper Street
from La Veta Avenue to Stewart Drive
Agency Negotiator: David De Berry and David Rudat
Negotiation Parties: City of Orange, and St. Joseph's Hospital
Under Negotiation: Price and terms of sale
b. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government Code
Section 54956.9(b). (one potential case).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 INTRODUCTIONS -
Miss City of Orange Candidates TAPE 3500 The following
contestants were introduced as candidates for Miss City of Orange Pageant, to be held September
6th at 7:00 p.m.Aubrey Acosta,
Alissa Barrett, Sarah Hoops, Jac1yn Normandy, Sarah Silver, Laura Smith,Katherine Vogt,
Kim Yaeger.12. PUBLIC
COMMENTS Jeff Kinney,
spoke on the problem of high rents in Orange and asked for affordable rent control.Ryan Esler,
spoke on the problem ofrenters with disabilities being evicted.James Eldredge,
1544 E. Quincy, spoke on the problem of renters being evicted and asked if there were
any city laws to stop renter abuse.Brad Esler,
spoke on the need for a rental stabilization ordinance in Orange.Juan Pablo
Serrano Nieblas, 224 N. Olive St. spoke on Prop 215 and the legalization of medical manJuana use.
Tom Anderson,
1392 N. Stallion, spoke on rumors of staff negotiations with The Irvine Company and
requested the City Manager to direct staff to notify citizens of all meetings.Rick Cryder,
307 S. Wrightwood, thanked Council for agendizing Yorba Park for August 26th Anne Siebert,
340 S. Olive, commented on her letter to Council asking staff to begin the process of updating
the Historic Survey; and volunteered her services to assist with this endeavor.PAGE 13
T
CITY COUNCIL MINUTES August 12,2003
12. PUBLIC COMMENTS (Continued)
Mayor Murphy announced the Peters Canyon Fire was out, there were no injuries and an arsonist
had been apprehended.
13.PUBLIC HEARINGS TAPE 4580
13.1 AMUSEMENT ARCADES - ORDINANCE NO. 4-03 (A2500.0 Amusement Activities)
Time set for public hearing to consider an Ordinance amending Sections 17.04, 17.10 and 17.18
of the Orange Municipal Code regulating Amusement Arcades. The proposed Ordinance
Amendment regulates Amusement Arcades which include, but are not limited to, video arcades,
personal computer rooms, internet cafes, cyber cafes, cyber arcades or similar gathering places
where electronic games are played.
Ms. Alice Angus, Community Development Director, reviewed the history of this issue and the
efforts to balance safety concerns with the needs of businesses; and reviewed some of the
proposed conditions and restrictions.
Council Ouestions
Mayor pro tern Cavecche asked about monitoring for curfew violators; and if certain
establishments had violations, would their Conditional Use Permit be brought back for review.
Ms. Angus stated businesses shall post signs indicating curfew laws, but it is not the
responsibility of businesses to enforce curfew laws. If there were curfew violations out of the
ordinary, it could trigger a review ofthe business' conditional use permit.
Mayor pro tern Cavecche complimented the Planning Commission on their review of this issue.
She was glad to see the lighting requirements and limiting back doors for emergency access only
and not for general access; and she hoped the City would be aggressive in bringing violators
back in for conditional use permit reviews.
Councilmember Coontz asked about the incidental use of amusement games as the Ordinance
limits the number of games to three; and asked what would constitute other uses, such as
restaurants and bars.
Ms. Angus stated staff is looking at whether there is a gap between those establishments that can
only have three amusement devices and those businesses where that is the primary businesses; so
staff may have to come back in the future to tighten up the ordinance. Currently, businesses that
have four or more game machines are required to go through a minor CUP review. That is being
looked at as well as the division between having three and four machines, and if the amusement
games are the primary use or not. Sometimes the game machine aspect is looked at if a
restaurant or bar has an alcohol permit.
Councilmember Coontz complimented staff on their efforts in drafting this Ordinance.
PAGE 14
CITY COUNCIL MINUTES August 12,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez expressed concern about the proposed hours, of 7:00 a.m. to 1 :00 a.m.,
as he thought they were too long.
Ms. Angus stated staff has worked with the City Attorney's Office and the Police Department on
the nature of the business, when crime is more likely to occur, and trying not to over-
regulate and restrict the hours too much. The proposed hours are basic hours and can be changed,
either scaled back or made more
lenient.Councilmember Alvarez asked why an Ordinance couldn't be drafted to encourage more of
a computer retail or wholesale business with a combination of internet access. He asked why
this wasn't encouraged, as opposed to labeling it an arcade. This proposed Ordinance is telling
the user that the City is not looking for them to use it for business or internet access, but now
carving out a new niche of computer
arcades.Ms. Angus stated the code acknowledges video arcades. Those are uses that require a CUP,
but don't have the same standards that are recommended for amusement arcades. Businesses
that would operate primarily for computer sales or service or training as the primary purpose with
a limited amount of computers for games or internet communications would be allowed.
This Ordinance is geared primarily at the gaming aspect that computers can
provide.Councilmember Alvarez asked if an Ordinance could be written that would say, for example,
a certain percentage of a business needs to be computer software or computer goods and a
larger percentage can be internet
access.The City Attorney stated the distinction to be drawn is that what drives how the
City characterizes a use is how it is used. If a business only utilized 25% of its computers
for arcades, then it might fall into one category, but what drove this Ordinance is that while
a business provides an internet access to a substantial part, what is really occurring is the
playing of video games. The problem in trying to characterize this in the manner suggested, is that
the ability to regulate goes down, because there is more of a first amendment protected activity,
and the standard by which the City's regulations would be subjected to gets higher and higher.
The City as a burden of showing, whenever there is a regulation of a first amendment activity,
that the City is trying to achieve a legitimate governmental purpose and the purpose here is to
reduce potential for crime. Once a legitimate governmental purpose has been identified, then the
City has to show that the regulations are narrowly tailored to achieve that governmental
purpose.Councilmember Alvarez asked about the proposed restriction of covering windows and why
the current regulations were not used that restrict signage on
windows.Ms. Angus stated the existing law deals with signage and not visibility. This Ordinance
requires some visibility into the store since the Police want to be able to adequately see into the
stores.Councilmember Ambriz reviewed some questions he had submitted to Ms. Angus earlier.
He had asked about the cost of surveillance cameras as he wanted to ensure the required
cameras PAGE
15
CITY COUNCIL MINUTES August 12,2003
13. PUBLIC HEARINGS (Continued)
could be obtained at a reasonable price for business owners. He also did not want this Ordinance
to impact bars and restaurants; and had asked for a definition of a licensed security guard. He
was concerned about the requirements for a security guard as they did not seem to be adequate;
and asked if the City could be subject to liability of a security guard caused harm to an
individual.
The City Attorney stated the City would not be liable if a security guard caused harm to an
individual.
Mayor Murphy asked what the downside would be to limiting hours of operation to 7:00 a.m. to
11:00p.m.
The City Attorney stated limiting hours to a business poses a regulation to a business that has
first amendment connotations versus imposing longer hours on businesses that perhaps do not
have any first amendment connotations. The City would have to justify what the rationale was
between allowing a restaurant to operate until 1 :00 a.m. and why the City wouldn't allow a
cybercafe to operate under the same hours. The City is trying to strike a balance and in
discussions with the Police Department, this is what staff came up with.
Mayor Murphy stated he trusted the judgment of the Police Department, but would like to be
able to have more latitude to have even more safety.
Councilmember Coontz stated there still seems to be some unanswered questions, and asked if
there could be a built-in return to get a better picture of whether all aspects of this Ordinance
will apply or make
sense.Mayor Murphy suggested if there were to be a review, it be only for specific
conditions.TAPE
5780 Mayor pro tern Cavecche clarified the proposed hours in that the Ordinance states that if
there are problems, the hours of operation can be cut
back.Ms. Angus also reiterated that a CUP review has to find that a business is compatible
with surrounding land uses, and some business may have their hours restricted from the
beginning.Mayor pro tern Cavecche stated she realizes the City is not allowed to completely
eliminate certain businesses, but wants stringent requirements; and staff has done a diligent job in
putting in methods to identify businesses that create problems later on. She was not sure how a
review process would work and was concerned about doing
that.Councilmember Coontz noted staff has stated they will be commg back with answers
to questions about this use in certain
businesses.PAGE
16
CITY COUNCIL MINUTES August 12,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez stated that while the City needs to be prudent about lawsuits, it is
important to understand there are certain standards that need to be upheld. He asked about the
10:00 curfew for minors and how this will be addressed.
Councilmember Ambriz noted the City can come down hard on a business if the business creates
problems for the Police Department, but asked how a business would be rewarded if there are no
reports from the Police Department.
Ms. Angus stated if business hours are restricted up front, and there are no reports of any
problems, hours could possibly be extended at a later date.
The City Attorney asked if there was any evidence in the administrative record that the City has
had problems with curfew in these types of businesses versus other establishments.
Lt. Dave Jensen, Orange Police Department, stated the Police Department has had increased
violations with loitering, truancy and other minor offenses at these types of businesses; but that
the curfew violations are on a call basis and that the Police Department does not look for
violations unless it becomes a problem at an establishment.
Council discussed the possibility of various types of conditions to limit curfew problems, such as
asking for a users' age on sign in sheets or requiring a business owner to make an announcement
about the 10:00 curfew.
The City Attorney noted restrictions have to be as a result of problems in the administrative
record.
Lt. Jensen stated the four cybercafes in Orange typically don't allow non-paying customers in
the building, there are No Loitering signs posted and there is usually no loitering inside
the
buildings.MAYOR MURPHY OPENED THE PUBLIC
HEARING THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING Mayor pro tern Cavecche thanked the Planning Department, Police Department and
City Attorney's Office for their diligent efforts on this. She has been working with staff for a
year and a half and thanked them for putting up with
her.Council
Action:MOTION - Cavecche
SECOND - Murphy AYES -
Ambriz, Mayor Murphy, Coontz, Cavecche NOES - Alvarez
PAGE 17 1
CITY COUNCIL MINUTES August 12,2003
13. PUBLIC HEARINGS (Continued)
Moved to find Ordinance No. 4-03 is categorically exempt from the provisions of the
California Enviromnental Quality Act per State CEQA Guidelines Section
15305.ORDINANCE NO. 4-03 (
FIRST READING)An Ordinance of the City Council of the City of Orange amending Sections 17.04, 17.
10 and 17.18 of the Orange Municipal Code regulating
Amusement Arcades.MOTION -
Cavecche SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche NOES -
Alvarez Moved that
Ordinance No. 4-03 be read by title only and same was set for second reading by the preceding
vote; with the addition of a Conditional Use Permit requirement that managers will make
an announcement prior to and immediately after curfew announcing City of Orange curfew laws;
and with the understanding that staff will be looking further at some of the aspects of this Ordinance.
Councilmember
Alvarez voted No because he did not think the Ordinance goes far enough and it
needs to reflect the standards here in Orange; and the City should not be afraid of a challenge in
court.13.
2 APPEAL NO. 492 - GENERAL PLAN AMENDMENT 1-01, ZONE CHANGE 1208-
00, TENTATIVE TRACT MAP 15750, MINOR SITE PLAN REVIEW 249-
02,VARIANCE 2113-02, FINAL ENVIRONMENTAL IMPACT
REPORT 1647-00 FIELDSTONE COMMUNITIES, INC. (
A4000.0 APP-492)The public hearing to consider an appeal of the Planning Commission's
denial of General Plan Amendment 1-01 has been continued from July 22, 2003.
The applicant is proposing to develop approximately 109 acres with 180 single-
family residences. The proposal includes the dedication of six acres for a public park and dedicating for permanent
open space 40 acres for the preservation of the Santiago Creek Channel. The subject
site is located north of Santiago Canyon Road, east of Cannon Avenue, south of the
Mabury Ranch Community, and west of Santiago Oaks
Regional Park and the Reserve development.To implement the proposal the
applicant has applied for the following:General Plan Amendment 1-01 proposes to change
44 acres from Resource Area (RA) to Open-Space OS and 53 acres from RA to Low-
Density Residential, 2 to 6 dwelling units per acre LDR), and to delete portions of the subject
site from the
Orange Park Acres Plan and East Orange General Plan.Zone Change 1208-00 proposes to
change 44 acres from Sand and Gravel (SG) to Recreation-Open-Space (R-
O), 6 acres from SG to R-I-20 (Residential, single-family, minimum lot size 20,000
sq. ft.),
26acres
from
CITY COUNCIL MINUTES August 12, 2003
13. PUBLIC HEARINGS (Continued)
sq. ft.), and 21 acres from SG to R-I-6 (Residential, single-family, minimum lot size
6,
000 sq.ft.).Tentative Tract Map 15750 proposes to subdivide the subject site into lots
for the development of single- family residences and the dedication of
permanent open space.Minor Site Plan Review 249-02 proposes to subdivide the subject site
into lots without direct access
from a public street.Variance 2113-02 requests a waiver of development standards for
the creation of one residential lot that does not comply with the minimum development standards
contained in
the City's Zoning Ordinance.Note: Final Enviromnentallmpact Report 1647-00
was prepared to evaluate the enviromnental
impacts of developing the subject
site.The Public Hearing is Open The following people spoke in favor of the
Appeal. Their comments included: development will bring an addition to the trail system and help to preserve an
equestrian lifestyle; a six -acre turn-key park is proposed; controls are proposed to mitigate
any land fill problems; the development has been re-worked to be the best project for this
site; the development will be a good replacement for the existing concrete recycling facility; it
provides a good balance for the needs of the community; truck traffic has
been eliminated through Mabury Ranch; significant
revisions have been made by the developer.Chuck
McNees, address on file, Chairman
OPA Committee Peter Wetzel, address
on file Richard Siebert, 1388 N. Kennymead
Charles Leffler, 10693 S. Orange Park
Blvd.Joan Carlson, 6315 E.
Frank Ln.George Bloecher, 20132
E. Chapman Bob Bennyhoff, 10642
Morada Dr.Craig Olson, 699
Creekview Dr.Julie Taverna, address
on file Don Vogel, address
on file Laura Thomas, 7211 E. Clydesdale The following people spoke in opposition to the
Appeal. Their comments included: there is a need to maintain this for open space; the recreational
needs of the community would be lost;there is no overriding consideration to change the General
Plan; there are problems with the Villa Park landfill and methane gas, and problems with Villa
Park dam and water quality issues; the City could be held liable in the future
for methane gas and flooding issues; surrounding neighborhoods are the ones opposed to the project; the
only supporters of
the project
areOrange
Park
Acres
CITY COUNCIL MINUTES August 12,2003
13. PUBLIC HEARINGS (Continued)
Kelly Herbeck, 6121 E. Shenandoah Avenue
Joe Greenwald, address on file
Sue Kaiser, address on file, read a letter from Sue Craig
Carter James, 5849 E. Valley Forge Drive
Steve Hamilton, 5737 Mountain Avenue, read statement from Rick Ledesma, member of the
Orange Unified School District
Stefanie Holcomb, address on file
David Piper, 6705 E. Oak Lane
Christopher Koontz, 10252 E. Lomita
Frank Storti, 6007 E. Bryce Avenue
Council recessed at 9:25 p.m. and reconvened at 9:40 p.m.
Bill Bouska, 270 N. Malena
Donna Greenwald, address on file
Bruce Branstine, 6019 E. Mabury
Dan Swoish, address on file
Eliza Parker, address on file
Cathy Parker, address on file
Nick Lall, 6232 Mabury Avenue
Appellant Response:TAPE TWO - 2340 Steve
Cameron, Fieldstone, provided a power point presentation, and submitted copies of the presentation
to the Council. He addressed the following concerns:Sewer
suspended from bridge - this is common practice and not unusual.General Plan
designation of Open Space - the General Plan designation is actually Resource Area with a
Sand and Gravel zoning, and not Open Space.Numerous conditions imposed
on project - most of these conditions are standard conditions on a project regardless
of its size.Fiscal lmpact - a city
hired consultant, Steve Copenhaver of GRC & Associates, has concluded that even in the
worst case analysis there is no reason to disapprove this proj ect;that this project generates money
for the City of Orange.Villa Park landfill concerns - there
is nothing in the County Landfill Assessment Report that talks about any problems at the
landfill. There are already over 250 homes built in this area within the 1000 foot radius of
the landfill. Integrated Waste Management Agency has had no odor complaints associated with the Villa
Park former landfill. There are no current problems out there and the gas
extraction system is doing exactly what it's supposed to be doing.Similarities to Yorba Park / Methane
Gas -
this property is not similar to Yorba Park. This development is adjacent to the landfill, not
on it; and there are measures in place to make sure the methane does not migrate onto
the property. A new condition was added PAGE 20
CITY COUNCIL MINUTES August 12, 2003
13. PUBLIC HEARINGS (Continued)
Condition No. 144) which talks about who will monitor the probes and how it will be done.
A letter from the County Health Care Agency indicates that results of a study show that the
health risk is well below the South Coast Air Quality Management District acceptable risk
and based on all of the facts, the potential for landfill gas to pose a health hazard to the
residents of the proposed development is very low; and the Health Care Agency concludes
that implementation of the proposed mitigation measures in accordance with industry
standards, coupled with the existing extraction system and compliance probes, will result in
multiple lines of defense against the potential for landfill gas subsurface migration into the
proposed development site. He cited another letter from the Health Care Agency, which
indicated that the Integrated Waste Management District was able to bring the entire landfill
into compliance with the State regulatory standards for landfill gas migration, which has been
confirmed by field data collected from compliance probes installed around the perimeter of
the landfill.
Erosion Protection - Mr. Cameron cited a letter from the County Public Facilities and Resources
Department indicating that if the proposed flood walls and slope revetments are designed
and engineered to Orange County Flood Control District criteria and standards and constructed
with County inspection, the County will recommend the Orange County Board of
Supervisors to accept Santiago Creek and the proposed flood control amenities as County Flood
Control District facilities. Condition No. 45 states the developer must get the approval of
the County on the plans before they can get a grading permit.Flood
Plain - He stated they are not building on the 100 year flood plain.Patti Sexton,
Tetra Tech Engineering addressed water quality issues.Revetment walls -
historical records indicate there is very little lateral movement of the creek.Bioswales - There
will
not be any check dams used within the bioswales, allowing water to keep moving.Water Collection -
water from
each lot will drain into the street, flow down the street until it gets collected by a low
flow system and then into the bioswales, and then treated in the bioswales before it goes into
the storm drain and into the creek.Mr. Cameron continued with the
presentation.Open Space - the Army Corps
of Engineers submitted a letter concurring with the jurisdictional delineation. The Department of Fish
and Game has also accepted the delineation. He showed an exhibit pointing
out the 54,000 acres of open space adjacent to the City of Orange; and this
property represents less than 1/10 of one percent of this acreage.AB 496 1 Santa Ana River
Conservancy - he cited a section from the bill which states the Conservancy may acquire real property within the
Conservancy's territory from willing seller sand at fair market value and that
neither the Conservancy nor other State Public Works Board may exercise the power of eminent
domain to acquire real property or an interest in real property for the purposes of this
division.PAGE 21
CITY COUNCIL MINUTES August 12,2003
13. PUBLIC HEARINGS (Continued)
Proposed Great Park in Irvine - this will be possible only through property tax assessments and
development fees.Suggested
great park for the Sully Miller property - this may not be feasible because of problems with
traffic, parking, lights, noise and horse odors; and problems with funding for land, remediation,
improvements and maintenance.Use of
Park Bond money - much of thismoney has been diverted to the State General Fund.Mabury Ranch concerns -
Fieldstone is trying to be responsive to Mabury concerns. He has met with Mr. Mike
Spurgeon and most everything Mr. Spurgeon asked them to do will be done. They have lowered
the site, reduced truck traffic, preserved views, agreed to build single story homes, and
worked out a condition with staff that most heavy truck traffic accesses the property from
the south side of the creek and does not go through the Mabury development.Park lmprovements - they
received
unanimous support from the Park Commission. They have agreed to fund complete
improvements for the proposed park through a Community Facilities District; and it will
be a public park. He pointed out parks come from development, not through bonds.Orange
Unified School District - Fieldstone
has met with OUSD staff and board members about the District's need for
a middle school somewhere in this area. The District is not certain if this is the exact
location they want, but would like to preserve their option. If this turns out to be a good
site for a school, the District wants to be able to use it for a school.The developer will work with the
School District in this capacity; but Mr. Cameron thinks the District understands that the only
way there will ever be a school on this property is if somebody else comes in and does
the remediation. Because of the soil issues and the revetment walls, the whole project has
to be remediated. Mr. Cameron submitted a letter from Fieldstone to the Orange Unified
School District indicating that Fieldstone will volunteer to place a condition of
approval on the tentative tract map that would prevent Fieldstone from pulling any building permits
on the west side of the property for a period of 18 months, which would give the
School District time to figure out whether or not this is a suitable location for a school. The
west side of the property was chosen because the School District is interested in doing a
joint use agreement with the City on the six acre park.Master Plan vs. Piece-Meal Development -
he reviewed the zoning map which indicates a zoning for either Residential for Sand
and Gravel, indicating the property owner could sell the property piece meal.Conclusion - if
approved, this project would
end the rock crushing facility, would remediate the site, would provide a six acre
park, 2.5 miles of trails, provide a bridge over the creek,provide 40 acres of open space and
a 7.5 acre equestrian arena, and provide the potential for a school site.TAPE TWO - 3380 Council
Ouestions Councilmember Coontz
asked if the Council
can include
the condition regarding the School District.The City Attorney stated if the Applicant
offers
it, the City can accept it.PAGE 22
CITY COUNCIL MINUTES August 12,2003
13. PUBLIC HEARINGS (Continued)
Mayor Murphy asked for comments from the Orange Unified School District Board President.
Melissa Smith, Orange Unified School District Board President, stated the District had just
received the letter from Fieldstone that day. She was grateful that Fieldstone had given them
something that looks promising; however it has not gone to the entire Board. This letter needs to
be agendized for the Board. In her personal opinion, the letter lacks details and this needs to be
reviewed and evaluated for its merit.
Councilmember Coontz asked if the basic condition is acceptable to the District, and if the
District will be talking with Fieldstone.
Ms. Smith stated the District has been amenable to negotiations for some time, but she was not
authorized to speak for the Board.
Councilmember Alvarez asked what it would take and how long it would take to evaluate this
letter from Fieldstone.
Ms. Smith stated the California Department of Education does have to cornment and make
evaluations before the District can move forward. She stated this will be brought before the
entire Board and had no idea of how long it would take for a full evaluation.
Councilmember Ambriz asked if an assessment had been done on what impact this development
would have on the schools.
Ms. Smith stated a study has been done by a demographics firm on the number of students
generated by this development and the impact to the schools. Children from this area would
probably go to Linda Vista Elementary and Cerro Villa Middle School.
Councilmember Alvarez stated there is legislation that directs Councils and School Boards to
work together; and in looking at a project of this size, the Council does not have enough
information on what the impacts would be to the District. He asked why the School District was
interested in this property.
Ms. Angus stated the EIR talks about school capacities. There would be approximately 91
students generated with this development - 57elementary, 17 middle school and 17 high school;and
would probably attend Linda Vista, Santiago Middle School and El Modena High School.The
date of the letter in the EIR was November 2002.Ms.
Smith indicated the information in the EIR would not reflect the latest update from the demographics
company. She also indicated the demographics study, the facilities advisory committee
and the master plan just receive by the Board of Education indicate that growth in the District
is significant, continuing to grow at least 1 % a year. The District needs to house students
and the epicenter of where the District needs to house middle school students falls within
the parameter of this project.TAPE
TWO - 3840 PAGE 23
CITY COUNCIL MINUTES August 12, 2003
13. PUBLIC HEARINGS (Continued)
Mayor Murphy pointed out it was 11 :00 p.m. and asked the Council if they wanted to continue
the discussion. It was the consensus of the Council to continue.
Mayor pro tern Cavecche asked about the land use designation and zoning and asked for
clarification on the Resource Area designation as a holding zone; and if the Resource Area
designation gives the Council an opportunity to look at it and designate what a vision for that
might be.
Ms. Angus indicated the intent of the Resource Area land use designation was to be a holding
area, and when the resources on the property are depleted it then gives the Council an
opportunity to relook at the use of the site.
Councilmember Alvarez asked about the size of the proposed park, why a lesser standard was
approved by the Park Commission and asked about the ingress and egress out of the
development and why a right turn only is proposed.
Ms. Angus reported the park was originally proposed for 3.6 acres, increased to 4 acres and then
increased to 6 acres to accommodate the proposed sports uses. It was determined by the Park
Commission that 6 acres could accommodate these uses.
Mr. Gabe Garcia, Community Services Manager, reported a neighborhood park is considered to
be 4 to 10 acres in size and a community park is 15 to 40 acres. This was identified as a
neighborhood park because of its size and classified as an active park because of the proposed
uses.
Mr. Harry Thomas, Public Works Director, spoke on the ingress and egress out of the
development. He stated the developer is providing a traffic signal at the entrance into the
development, and the access to the park is still being considered. The ingress and egress onto
Santiago Canyon Road would be right turn in and right turn out. He stated that mid-day,
the traffic on Cannon is relatively light, which creates free flowing traffic on Santiago Canyon
and fairly high approach speeds. The entrance to the new development will be a low volume of
cross traffic compared to Santiago Canyon Road, so there will not be sufficient gaps in traffic to
allow left turn moves to be made safely, especially given the high approach speeds that exist
on Santiago Canyon
Road.Councilmember Alvarez asked about the revetment walls and the different treatments for
the creek downstream; and suggested the City needs a more uniform policy on what should be
done with the
creek.Mr. Thomas stated the requirement for this project is that the flood control improvements
meet the standards of the Orange County Flood Control District because the County will be
taking over the operation and maintenance of the facility. There has been extensive negotiations
over the type of treatment that would be necessary. Revetment walls were selected as an
erosion protection method to protect the adjacent properties without intruding into the creek stream
bed.The various treatments of the creek have evolved over the last 70 years depending on the
time they were constructed and the level of protection they were trying to
achieve.PAGE
24
CITY COUNCIL MINUTES August 12,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez asked if there was current technology to hold the natural vegetation and
soil in place that would be in place to hide the revetment wall.
Mr. Thomas indicated the revetment walls do not protect that area from erosion. There will be a
fair amount of vegetation in the channel and the design parameters of the Flood Control District
are based upon that situation. It is a very conservative design and reflects a condition of fairly
heavy vegetation. There will be erosion in the channel, but it is not expected to occur rapidly or
completely. Erosion that will occur is a function of the velocity of the water. If the existing
vegetation remains in place, or gets heavier, the velocity will be relatively low so the ability of
the water to erode that area is diminished; but there is no protection method beyond that. The
revetment walls are intended to protect the adjacent property, not the stream bed; but there is a
stable condition that does develop in stream beds over time.
TAPE TWO - 4630 Councilmember
Coontz spoke on the creek treatment at Rock Creek and asked if this proposed treatment
is a new standard to protect flood control as well as the environment.Mr.
Thomas stated the conditions imposed at Rock Creek were less specific than this in that the City
indicated the developer just had to satisfy the Orange County Flood Control requirements,which
also included the Army Corps of Engineers requirements, which was just a concrete channel.
Councilmember
Coontz asked about the acreage of the proposed park and asked for clarification on
the requirements of the Park Commission and the City versus what the developer has added to the
project.Ms.
Angus reported the developer originally came in with 3.6 acres proposed for a park,increased
it to 4 acres and then increased it again to 6 acres. The developer has also agreed to a parking
lot, restroom facility and sports fields and is willing to commit $2.1 million, through a Community
Facilities District, for upfront funding of the park improvements.The
City Attorney spoke on the creek issue and reported concerns from the City Attorney's Office
on liability issues. The concern of the City Attorney's Office was not with the existing conditions,
but rather with the construction of improvements for flood control that were below the
County standards and having a homeowners association be the entity responsible for maintenance
of that creek. One of the things the County will be faced with is trying to balance how
much vegetation is allowed to grow in the creek versus the capacity of that flood control channel.
This is why the City needs the County to take control of this.Councilmember
Coontz stated this is an issue that is coming up and will be resolved.Councilmember
Ambriz asked about the proposed park and if the parking lot is adequate for what
is proposed. He also agreed there is already a traffic problem along Santiago Canyon and traffic
issues need to be addressed during the afternoons when the park facilities are going to be used
on a daily basis.PAGE
25 r--....
CITY COUNCIL MINUTES August 12, 2003
13. PUBLIC HEARINGS (Continued)
Ms. Angus stated the park is a conceptual plan and needs to go through a final design process,
which will look at parking requirements.
In response to questions from Councilmember Ambriz, Ms. Angus further reported the horse
stable will be owned by the homeowners association and privately managed.
Mayor Murphy suggested continuing this item to September 9th because of the late hour.
Mayor pro tern Cavecche stated she will be out of town on September 9th but would be willing to
fly back for the hearing.
MOTION - Murphy SECOND -
Ambriz AYES - Ambriz,
Alvarez, Murphy NOES - Coontz, Cavecche
Moved to continue the
public hearing to September 9, 2003, at 7:00 p.m., first item on the Agenda.14. PLANNING AND
ENVIRONMENT -
None.15. ADJOURNMENT MOTION - Murphy SECOND -
Ambriz AYES -
Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche
The City Council adjourned at 11:40 p.
m. to an Adjourned Regular Meeting, Study Session,August 26, 2003 at 3:30 p.m.
in Conference Room C for a presentation on the proposed Santiago Hills II and East Orange Development Project by
The Irvine Company.lU44~c:J!ifl4-t"~.( -dA~CASSANDRA J.
HCART, CMC CITYCLERK PAGE
26