5/11/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY 25, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 11,2004
The City Council of the City of Orange, California convened on May II, 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 Reverend R. Winston Presnall, First Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Presentation of Colors by Orange High School Marine Corps Junior ROTC Color Guard
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
None
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
Presentation of Mayor's Award to Wendy Adams of Adams Steel, $25,000 donor to the
Library Foundation's Main Library expansion campaign.
Presentation of Proclamation honoring Library Volunteers Day, May II, 2004 -
presented to library volunteers and Nora Jacob, Library Services Director.
Presentation of Proclamation honoring Kids Day America I International, May 15, 2004-
presented to Valerie Nolan, Nolan Chiropractic.
Presentation of Proclamation honoring National Public Works Week, May 16 to 22, 2004
presented to Harry Thomas, Public Works Director and Water Division staff members.
Announcement - from Roger Hobbs and Stu Livingstone of the Community Foundation
of Orange, regarding joint effort to bring state of the art track and field facilities to Fred
Kelly Field.
Mayor Murphy announced a Memorial Adjournment in honor of Army Spec. Trevor
Win'E, 22-year old Orange resident, killed in Iraq on May I st.
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CITY COUNCIL MINUTES
May 11,2004
2. PUBLIC COMMENTS
Mary Dargatz, East Burly, spoke on a neighborhood Kite Day event at Yorba Park on
May I st; the neighborhood planted a tree on the eastern edge of the park; and asked about
the fencing on the southern and eastern edges ofthe park.
Doug Hamilton, Address on File, spoke on RV street parking; expressing concern that the
new Ordinance encourages camping on the street with a permit.
Mayor Murphy asked staff to respond to Mr. Hamilton.
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 May 11, 2004 at Orange Civic Center North Facing
Kiosk, Police facility at 1107 North Batavia, and 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 Civic
Center City Clerk's Office and Main Public Library at 101 N. Center Street.
ACTION: Accepted Declaration of Agenda Posting and authorize its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated April 22 and 29, 2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, April 27, 2004 and
Adjourned Regular Meeting April 27, 2004. (C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
May II, 2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Award of Consultant Services Agreement for NPDES Commercial and Industrial
Inspections. (Continued from April 27, 2004) (A2100.0 AGR-4474)
SUMMARY: The City's NPDES permit includes requirements for inspection of all
commercial and industrial sites within the City. The current Orange County Drainage
Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP) further
establish inspection criteria and schedules. In order to meet the inspection deadlines, the
City requires the services of an experienced engineering/consulting firm.
ACTION: Approved Consultant Services Agreement with RBF Consulting in an amount
not to exceed $60,000 and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMP ACT: Funds in the amount of $60,000 are available in Account No. 220-
5022-426700 (Other Professional and Consulting Services).
3.6 Amendment No.4 to Consultant Services Agreement, AGR-3581 with Berryman &
Henigar, Inc., for Pavement Management Datahase. (A2l00.0 AGR-3581.4)
SUMMARY: This contract amendment authorizes additional engineering services for
and preparation of the bi-annual Pavement Management Plan report and documentation
to qualifY for the Orange County Transportation Authority Measure M Program,
including eligibility for competitive grant funding and Turnback funding programs.
Additional engineering services will add $4,970.00 to the consultant contract for a new
total cost of$153,076.00. Adequate funding is available.
ACTION: Approved Amendment No.4 to Berryman & Henigar, Inc. contract to include
an increase in the amount of $4,970 and authorized the Mayor to execute, and the City
Clerk to Attest, on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
100-5011-427800-0000 Professional Services $5,000.00
3.7 Agreement between the City of Orange and Orange Elderly Services, Inc.
(A2100.0 AGR-0974.T)
SUMMARY: Approval of annual agreement in the amount of $249,000.00 between the
City of Orange and Orange Elderly Services, Inc. (OES) for the operation of senior
programs at Senor Citizens Center for Fiscal Year 2004-05.
ACTION: Approved the Agreement between the City of Orange and Orange Elderly
Services, Inc. in the amount of $249,000.00 to provide services for senior citizens at the
Senior Citizens Center; and authorized Mayor and City Clerk to execute on behalf of
City.
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CITY COUNCIL MINUTES
May 11,2004
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Sufficient funds will be budgeted for FY 2004-05 in the following
account: 100-7041-426700 (Contractual Services) $249,000.00
3.8 Facility Joint Use Agreement between the City of Orange and Boys & Girls Club of
Santa Ana Orange Extension (A2100.0 AGR-4482)
SUMMARY: The Boys & Girls Club of Santa Ana was selected by the Boys & Girls
Clubs of America to receive an Operation Connect wireless technology center to be
located in the City of Orange. The Boys & Girls Club of Santa Ana approached the
Community Services Department regarding a collaborative partnership between the City
and Club for a technology center to be used as part of the after school recreation program
at Killefer Park. Staff determined that the technology center would be an excellent public
benefit to the youth participating in the after school recreation program at Killefer Park,
and that the park is a suitable site for the technology center. The term of the Facility
Joint Use Agreement is for ten years.
ACTION: Approved the Facilities Joint Use Agreement with the Boys & Girls Club of
Santa Ana, Orange Extension, a California non-profit corporation; and authorize the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds exist in the following account: 100-7001-421101
(Telephone) $960.00
3.9 C.O.P.S. Expo 2004 (A2100.0 AGR-1372.P)
SUMMARY: The Orange Police Department will be conducting the annual Community
Organizations and Public Services (C.O.P.S.) Expo at The Village at Orange (formally
Mall of Orange), Saturday, June 5th, II :00 a.m. until 7:00 p.m. and Sunday, June 6th,
II :00 a.m. until 7:00 p.m. As with last years' event, we anticipate over 50 agency/non-
profit organization participants both inside and outside the mall area, along with various
center stage activities, including Welcoming Ceremonies, Saturday, June 5th at 12:00 noon.
ACTION: Approved and authorized the Mayor and City Clerk to execute the agreement
on behalf of the City.
FISCAL IMP ACT: None.
CONTRACTS
3.10 Final Acceptance of Bid No. 034-11; SP 3430 - Chapman Avenue AHRP Project
from Loretta Drive to Hewes Street and authorization to file Notice of Completion
with the County Recorder (No staff report required).
SUMMARY: Bid No. 034-11; SP 3430 - Chapman Avenue AHRP Project from Loretta
Drive to Hewes Street. Contractor: RJ. Noble Company. Staff recommends acceptance
of improvements.
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CITY COUNCIL MINUTES
May II, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvement, authorized release of Travelers Casualty
and Surety Company of America of Connecticut, Bond No. 83 SB 104168842 BCM in
the amount of $1,106,633.00, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
FISCAL IMP ACT: None.
3.11 Final Acceptance of Bid No. 034-07; SP 3446 - Hewes Street Interim Safety
Improvements from Bond Avenue to 600' North of Rancho Santiago Boulevard and
authorization to file Notice of Completion with the County Recorder (No staff
report required).
SUMMARY: Bid No. 034-07; SP 3446; Hewes Street Interim Safety Improvements from
Bond Avenue to 600' North of Rancho Santiago Boulevard. Contractor: TMT
Development Company, Inc., dba TK Engineering. Staff recommends acceptance of
improvements.
ACTION: Accepted public work improvement, authorized release of Indemnity
Company of California, Bond No. 836899P in the amount of $88,091.50, and authorized
the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.12 Contract Change Order No.1 and Final; Project No. SP-3426, AHRP Glassell Street
Rehabilitation from Walnut Avenue to Mayfair Avenue. (A2100.0 AGR-4362)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The total contract cost for this extra work is $47,603.12. The total contract
cost including extra work is $444,104.12.
ACTION: Approved Contract Change Order No. I in the amount of $47,603.12 to
Alliance Streetworks, Inc. for extra work.
FISCAL IMP ACT: Funds are available in Capital Improvement Project in the following
accounts: 550-5011-483300-3224 AHRP $23,801.56
272-5011-483300-3224 Gas Tax 23.801.56
Total $47,603.12
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CITY COUNCIL MINUTES
May 11,2004
3. CONSENT CALENDAR (Continued)
3.13 Contract Change Order No.1 and Final and Appropriation Transfer: Project No.
SP-3456, Annual Street Maintenance Asphalt Concrete Overlay at Various
Locations, FY 2003-04. (A2100.0 AGR-1784.A)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The total contract cost for this extra work is $47,899.18. The total contract
cost including extra work is $780,631.18. Additionally, staff recommends funding the
change order and a portion of the total contract costs through appropriation transfers from
the Transportation Congestion Relief Fund (TCRF) as a means of fully utilizing TCRF
grants funds prior to June 30, 2004.
ACTION: I) Approved Contract Change Order No. I in the amount of$47,899.18 to All
American Asphalt, Inc. for extra work.
2) Approved appropriation transfers:
From 340-5011-483300-3119 TCRF Road Maintenance
To 340-5021-483300-3120 Local Street Maintenance
From 340-5011-483300-4050 Chapman: Cliffway to Equestrian
To 340-5021-483300-3120 Local Street Maintenance
$154,902.00
$154,902.00 and
$ 5,000.00
$ 5,000.00
FISCAL IMP ACT: Upon recommended action, funds will be available in the following
account: 340-5021-483300-3120 $159,902.00 Local Street Maintenance
3.14 Amendment No.1 to Contract No. CP-0129 (AGR 4020) Whitecap Avenue Storm
Drain Improvements (D-147) between the City of Orange and the Orange County
Sanitation District (OCSD) under the Cooperative Projects Program. (A2100.0
AGR-4020.l)
SUMMARY: Amendment No. I extends the term of the original contract's overall
completion from December 12, 2003 to June 14,2004 in order to allow the City to satisfy
all terms and conditions of the original contract.
ACTION: Approved Amendment No. I to the contract between the City of Orange and
the Orange County Sanitation District and authorized the Mayor and City Clerk to
execute the Amendment on behalf of the City.
FISCAL IMP ACT: No fiscal impact. Funds have been previously appropriated for the
projects.
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May 11, 2004
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.15 RESOLUTION NO. 9853 (Ll200.0 LMD-82-1 Shadow Ridge)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (82-1).
ACTION: Approved.
3.16 RESOLUTION NO. 9854 (L1200.0 LMD-82-1 Shadow Ridge)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 82-1
(Shadow Ridge) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for Public
Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.17 RESOLUTION NO. 9855 (Ll200.0 LMD-86-2 Santiago Hills)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (86-2).
ACTION: Approved.
3.18 RESOLUTION NO. 9856 (Ll200.0 LMD-86-2 Santiago Hills)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2
(Santiago Hills) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for Public
Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.19 RESOLUTION NO. 9857 (Ll200.0 LMD-94-1 Sycamore Crossing)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (94-1).
ACTION: Approved.
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CITY COUNCIL MINUTES
May II, 2004
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 9858 (L1200.0 LMD-94-l Sycamore Crossing)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 94-1
(Sycamore Crossing) and declaring its intention to provide for an annual levy and
collection of assessments in that special maintenance district and setting a time and place
for Public Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.21 RESOLUTION NO. 9863 (C2500.M)
A Resolution of the City Council of the City of Orange Amending the Master Schedule
of Fees and Charges by Adding Parking Permit Fees for Oversized Vehicles.
ACTION: Approved.
SPECIAL EVENT
3.22 Request for temporary suspension of permit parking restrictions within Area A
(downtown area). (S4000.S.3.1.1)
SUMMARY: Chapman University will hold their annual Baccalaureate and
Commencement exercises at their campus on May 22 and May 23, 2004. Due to
anticipated attendance it may be necessary to park in the surrounding residential
neighborhood, which restricts on-street parking except by Permit.
ACTION: Approved the request of Chapman University and suspended the permit
parking restrictions (Area A) on Saturday and Sunday May 22 and 23, 2004 for their
commencement exercises.
FISCAL IMPACT: None.
3.23 Voting Delegate - League of California Cities (No Staff Report Required)
(ORI800.0.12.2)
SUMMARY: Designate Mayor pro tem Cavecche as the City of Orange's Voting
Delegate at the special meeting of the League of California General Assembly on May
13,2004, in connection with LOCAL Legislative Action Days.
ACTION: Approved designation of Mayor pro tem Cavecche as the City's Voting
Delegate
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May II, 2004
3. CONSENT CALENDAR (Continued)
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from Personnel Director - Employment Services Agreement with City
Manager David Rudat. (A2100.0 AGR-2501.D)
SUMMARY: A three-year agreement with the City Manager to be effective March 7, 2004
through March 31, 2007.
The City Attorney provided a brief report. The Council thanked the City Manager for a great
job.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved Employment Services Agreement with City Manager and authorized
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: The annual cost to the City for the amendment would be approximately
$5,125 for additional PERS and deferred compensation contributions in the first year of the
contract and $7,125 in the second and third years of the contract. The contract will also result in
an estimated one-time cost of $53,067 for the enhanced sick leave if the City Manager retired
during the term of the contract.
7.2 Report from City Attorney on Signs of Support Contract (A2l00.0 AGR-3485.A)
SUMMARY: The City Council directed the City Attorney to prepare a report concerning the
administration of the Signs of Support contract and potential use ofrevenue from the contract.
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CITY COUNCIL MINUTES
May 11, 2004
7. ADMINISTRATIVE REPORTS (Continued)
Discussion
City Attorney David De Berry provided a report regarding the City's audit on the Signs of
Support contract. The City of Orange retained a company that solicits businesses to advertise on
city vehicles, providing support for youth of the community. He reported on the contract
revenue sharing in which the firm receives half and the City of Orange receives the other half.
The previous audit on the Signs of Support contract determined the City received late payments.
However, the current audit revealed the contractor remains up to date on payments with a
possible overpayment of $1 000 or more, which is being investigated.
Councilmember Ambriz thanked staff for conducting an additional and thorough audit. He
regarded the research findings as significant and appreciated that all payments were up to date.
He noted that the account held more money than originally reported to the City Council, and
expressed disappointment that this more accurate information came after the fact; but was
pleased that youth programs will receive the funds from that account.
Councilmember Alvarez posed questions about the management and administration of all City
contracts. He inquired how future contract investigations will proceed to prevent accurate
information from falling through the cracks. He asked if the City of Orange follows a
predetermined process to monitor contracts.
City Manager David Rudat responded that contract monitoring is a difficult task especially with
the number of people the City of Orange conducts business with. The City no longer maintains
one single department to monitor contracts since the economic downturn of the early 90's. The
staff works hard not to let information fall through the cracks and assured the City Council that
staff consistently makes improvements and will examine this city operation more closely.
Councilmember Alvarez noted the work of the Internal Auditor for the City in auditing the
contracts. He expressed concem that the Street Fair contract does not reflect the same provisions
or monitoring devices set in the Signs of Support contract, such as annual renewal, report and
audit, and suggested that many of the provisions in this SOS contract could be included in the
Street Fair contract.
Councilmember Coontz spoke on the auditing of contracts through the Audit Committee. She
suggested the City of Orange install an electronic computer tracking system for contracts on top
of the current auditing program installed by the City Manager. She complimented staff for
performing better on this task than in the past, but stressed a need to track all contracts.
Although the City Council renewed a contract with Signs of Support, they were not provided
information on the background. She recommended that each time the City Council renews a
contract, they receive background information on it. She further requested that when the Audit
Committee provides an annual report, it include a list of audited contracts, and that the
Committee minutes be provided in a more timely manner.
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CITY COUNCIL MINUTES
May 11, 2004
7. ADMINISTRATIVE REPORTS (Continued)
Council briefly discussed the differences between this contract and the Street Fair contract.
Mayor Murphy asked for information on the use of SOS contract funds, the revenue received and
the suggestion to use the funds at Shaffer Park.
City Manager David Rudat reported he would review budget information and provide a later
report regarding CIP programs.
Councilmember Ambriz commented that staff originally reported funds of just over $7000; but
based on the City Attorney's report, more than $35,000 is in that account, which would be
adequate to complete the Shafer Park shelter.
City Manager David Rudat agreed the City of Orange could possibly allocate those monies
toward Shafer Park. However, he needs to check further with the Finance Department to
determine if the funds were already allocated elsewhere.
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
Received and Filed.
FISCAL IMP ACT: None. The revenue from the Signs of Support contract supplements youth
programs without impacting the General Fund.
7.3 Approval of sole source purchase and funding authorization for traffic monitoring
equipment. (C2500.M.12)
SUMMARY: This will allow for a quantity purchase of closed circuit television (CCTV)
intersection cameras and communications equipment for pending transportation improvement
projects, resulting in savings to the City.
Discussion
Director of Public Works Harry Thomas reported this appropriation of funds from two Orange
County Transportation Authority grants will be used toward traffic monitoring equipment, which
will create a traffic management center and help mitigate traffic impacts. The City seeks to
purchase equipment directly that best fits the City needs and provides a more effective
maintenance program. While this is a sole source purchase, staff will bid installation contracts
for the system.
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CITY COUNCIL MINUTES
May 11, 2004
7. ADMINISTRATIVE REPORTS (Continued)
Mayor pro tem Cavecche expressed some concern in sole source awarding of contracts. She
inquired if this contract will lock the City into sole sourcing everything to this contract.
Mr. Thomas assured City Council that this traffic equipment provides the best monitoring to fit
the City's needs and the equipment will be constantly evaluated. Staff will consider looking
elsewhere if better products arrive on the market or this contractor fails to provide the needed
services.
Councilmember Alvarez inquired on the cost of maintenance for the traffic equipment once the
city extends the grant money of $768,097.
Mr. Thomas reported that the City staff does not anticipate a significant cost in maintenance for
the equipment beyond normal maintenance costs, noting the City will hopefully avoid
compatibility problems by not purchasing equipment from different vendors.
Councilmember Alvarez asked what Orange residents can expect to see in terms of traffic flow
on Tustin or East Chapman once the City completes this expenditure.
Mr. Thomas responded that the system will improve traffic flow with fewer stops and less delay
on these arterial streets. He stated that Tustin features some state traffic signals and the City is
currently working with the State to agree on common operation protocols. He reported that the
City has maxed out its ability to widen arterial streets, and this equipment provides better
managing and operating oftraffic flow based on the existing system.
MOTION - Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: I) Appropriated funds awarded through the Orange County Transportation Authority
(OCTA) for the Signallmprovement Program (SIP) in Grant Years 03-04 in the amount of
$239,121.00 to Account 550-5032-483100-2999, for the Tustin Street Smart Corridor.
2) Appropriated funds awarded through the OCTA for the SIP in Grant Years 03-04 in the
amount of $236,166.00 to Account 550-5032-483100-6019, for the Chapman Avenue
Interconnect - Tustin to Crawford Canyon Road.
3) Appropriated funds received from St. Joseph Hospital for a traffic surveillance system on
Main Street and La Veta Avenue in the amount of $277,970.00 to Account 550-5011-483100-
3035.
4) Approved sole source purchase for CCTV cameras from Cohu, Inc., for $73.000 and fiber
optic communications equipment from Optelecom, Inc. for $34.000.
FISCAL IMP ACT: Funds are budgeted, and upon completion of the recommended actions, will
be available in the following accounts:
550-5032-483100-2999 Tustin Smart Street Corridor
550-5032-483100-6019 Chapman Avenue Interconnect
$239,121.00
$236,166.00
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May II, 2004
7. ADMINISTRATIVE REPORTS (Continued)
550-5011-483100-3035
601-8011-481200-8933
273-5032-446600-0000
Main/La Veta (St. Joseph deposit)
Water facilities maintenance
Street signs and markers
Total
$277,970.00
$ 5,840.00
$ 9.000.00
$768,097.00
8. REPORTS FROM CITY MANAGER
Discussion
City Manager David Rudat reported on Sacramento's budget issue; noting that the governor's
proposed budget to solve economic problems would result in an additional $1.5 million impact
to Orange. Cities and Counties have worked to add an initiative to November's ballot to protect
local government revenues. With the initiative, local govemments are now in a position to
negotiate with legislators and that week he and Mayor pro tem Cavecche would be meeting
directly with elected representatives in Sacramento.
Mayor Murphy expressed hope for a solution that all parties can deal with.
Mayor pro tem Cavecche commented that she had given updates to Councilmembers that day.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 7-04 (SECOND READING) (A2500.0 ORD-7-04 Parking)
An Ordinance of the City Council of the City of Orange amending Sections 8.04.020, 17.04.035
and 17.14.090 of the Orange Municipal Code regulating the parking and storage ofrecreational
vehicles.
Discussion
Councilmember Coontz stressed the need to provide the public with a great deal of accurate
information regarding the recreational vehicles ordinance. She suggested the City provide fliers
at all public counters to disseminate information and increase understanding. She highlighted the
six month period designated to review the ordinance. She also inquired about placing an
advertisement in the newspaper explaining the ordinance. She referred to a previous problem in
disseminating information that generated many public calls inquiring about the ordinance. She
noted that much of the correspondence received indicated a problem with understanding the
ordinance and needs to be answered by the appropriate City department.
Councilmember Alvarez inquired if the City Council action included the six month review.
Mayor Murphy replied that the discussion and motion stressed the review in six months.
Councilmember Alvarez requested to place the six month review on the October agenda.
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CITY COUNCIL MINUTES
May 11, 2004
9. LEGAL AFFAIRS (Continued)
Mayor Murphy noted that the Ordinance review will occur six months from the ordinance
effective date of July I.
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz
NOES - Alvarez, Cavecche
Moved that Ordinance No.7 -04 be read by title only and same was approved and adopted by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:55 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government
Code Section 54956.9(a):
I) City of Orange v. Ultramar, Inc. et aI., Orange County Superior Court Case No.
02CC03241
b. Public Employment Appointments for vacancies either existing or being created
in the near future for the positions of Finance Director, Police Chief and Economic Development
Director, per Government Code Section 54957.
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.
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May II, 2004
7:00 P.M. SESSION
Mayor Murphy announced an event with free CPR classes on Sunday, May 16th at the North Net
Fire Training Facility in Anaheim.
Mayor Murphy announced the Council would be adjourning in memory of Army Spec. Trevor
Win'E, Orange resident killed in Iraq.
12. PUBLIC COMMENTS - None.
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT NO. 2004-0001, ZONE CHANGE 1226-04,
CONDITIONAL USE PERMIT NO. 2496-04, VARIANCE NO. 2136-04, MINOR SITE
PLAN REVIEW NO. 328-04, MITIGATED NEGATIVE DECLARATION NO. 1727-04 -
JOE AND LINDA DAY, EDWARDS HOUSE RELOCATION - 242 W. ALMOND
AVENUE. (C2300.E GPA-2004-0003)
Time set for public hearing to consider a proposal to relocate a two-story 1921 Craftsman
residence from the Main Library Site on Chapman Avenue to a residential lot at the southeast
comer of Almond Avenue and Lemon Street. The proposal will require:
. A General Plan Amendment and Zone Change to address the property's split designation
and zoning from Old Town Mixed Use and C-2 (General Business District) to Medium Density
Residential and R-4 (Multi Family Residential)
. A Conditional Use Permit to allow two story development (including relocation of two
story structures) within the Old Towne Orange Historic District.
. A Variance to allow tandem parking, a reduction in required parking, a reduction in the
number ofrequired covered parking spaces and minor adjustment for setbacks.
. A Minor Site Plan Review to comply with the City of Orange regulatory requirements in
approving the moving of buildings within the City of Orange.
. Adoption of Mitigated Negative Declaration to address the relocation of the historic
Edwards House.
Director of Community Development Alice Angus provided a brief report and thanked staff
members Dan Ryan and Jennifer McDonald for their work on this project.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Linda Day of 1103 E. Wilson thanked the City Council and City staff for their efforts in pursuing
this project.
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CITY COUNCIL MINUTES
May II, 2004
13. PUBLIC HEARINGS (Continued)
Janet Crenshaw, 400 Block of North Shafter, representing OTPA, thanked the city for its support
of this proj ect.
Ann Siebert, 340 S. Olive, commended the City for saving one of its significant houses.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor Murphy labeled this project as a win-win opportunity to expand the library and preserve a
piece of Orange history; noting that the lot the house is being moved to has always remained
vacant; and this is an opportunity for the house to continue as part of the Old Towne
neighborhood.
Mayor pro tem Cavecche thanked the Days for their efforts to save this house.
Councilmember Coontz noted how everyone really came through for this project and this house
will be a welcome addition to its new neighborhood.
Councilmember Alvarez thanked staff member Dan Ryan for his work on this project, noting
that the Edwards House adds to the fabric of the City of Orange's national historic district and
demonstrates the City's commitment to its historic district.
Nora Jacob, Library Director, reported that the house will be moved on June 21 st. The move will
take place in the early evening, and will travel down Chapmen to the Plaza and south on
Glassell. She invited the public to attend the house relocation celebration.
Council Action:
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve General Plan Amendment No. 2004-0001 to address the split land use
designation ofthe subject property from Old Towne Mixed Use and Medium Density Residential
to Medium Density Residential.
ORDINANCE NO. 13-04 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the Reclassification of
Property located at the southeast corner of Almond Avenue and Lemon Street from C-2 (General
Business District) and R-4 (Multi-Family Residential) to R-4 (Multi-Family Residential).
Zone Change 1226-04
Applicant: Joe and Linda Day
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CITY COUNCIL MINUTES
May II, 2004
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 13-04 be read by title only and same was set for second reading by
the preceding vote.
RESOLUTION NO. 9862
A Resolution of the City Council of the City of Orange approving Mitigated Negative
Declaration No. 1727-04, Conditional Use Permit No. 2496-04, Variance No. 2136-04 and
Minor Site Plan Review No. 328-04 to allow the relocation of the Historic Edwards House to
property located at the southeast comer of Almond Avenue and Lemon Street.
Applicant: Joe and Linda Day
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9862.
13.2 GENERAL PLAN AMENDMENT 2004-0002, ZONE CHANGE 1222-03,
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND
DEL RIO, LLC., ANNEXATION TO THE CITY OF ORANGE, AND FINAL
ENVIRONMENTAL IMPACT REPORT 1720-03 - DEL RIO, LLC. (C2300.E GPA-
2004-0002)
Time set for public hearing to consider a proposal for a new residential development containing
716 dwelling units. The project includes the dedication and improvements for a new 10.65-acre
public park and 7 acres as permanent open space. The project site is located in north Orange
(west of Glassell Street, north of Lincoln Avenue, and south of the Santa Ana River Channel)
and is approximately 73 acres in size. The subject site was formerly used for the extraction of
sand and gravel, and the applicant is presently in the process of filling the extraction pit with
imported soils. The project site is presently located in a County Island and is under County of
Orange jurisdiction.
To implement the proposal the applicant has applied for the following:
. Annexation of73.22 acres to the City of Orange.
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CITY COUNCIL MINUTES
May 11,2004
13. PUBLIC HEARINGS (Continued)
. General Plan Amendment 2004-0002 to amend the City's Land Use Map by changing 73.22
acres from RA (Resource Area) as follows: approximately 10.65 acres to OS-P (Open Space-
Park); approximately 7 acres to OS (Open Space); approximately 37 acres to LMDR (Low-
Medium Density Residential, 6 to 15 dwelling units per acre); and approximately 18 acres to
MDR (Medium Density Residential, 15 to 24 dwelling units per acre).
. Zone Change 1222-03 to pre-zone the subject site to PC (Planned Community), which
includes the adoption of the Del Rio Development Plan.
. Development Agreement by and between the City of Orange and Del Rio, LLC.
Note: The Environmentallmpacts of the project were evaluated by Final Environmentallmpact
Report No. 1720-03.
Staff Reoort
Director of Community Development Alice Angus reviewed various components of the project,
noting a predevelopment agreement has been approved for this project and this proposal now
provides more details to formalize that predevelopment plan into a development agreement.
The development agreement runs for a ten year term with the ability to extend based on the
status of the park. The plan provides for a mix of housing which includes all ownership housing,
small lots and cluster single family homes as well as a sports park. With regards to the project's
location adjacent to the R. J. Noble facility, the design features sound attenuation measures that
meet standards for residential development.
Council Ouestions
Councilmember Coontz inquired about the current sound recommendations for residential
buildings according to state law. And if a second opportunity would exist to ensure appropriate
sound attenuation.
Ms. Angus replied reported that under the Uniform Building Code, a developer must
demonstrate that the distances and building techniques are such that interior sounds do not
exceed 45 decibels, The current proposal provides a large overview of the plan and the next
stage will be submittal of the tract map and building plans for review to ensure that sound levels
are attenuated in buildings.
Councilmember Coontz asked about traffic Issues and what portion of these issues will be
addressed by the developer.
Ms. Angus replied that the traffic study identified six intersections needing improvement. The
developer will pay their fair share toward the improvements based on the estimated traffic
mcrease.
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CITY COUNCIL MINUTES
May 11,2004
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz inquired about the time period for those traffic improvements.
Director of Public Works Harry Thomas noted that the developer will install those improvements
pursuant to the development agreement. The first two improvements should be completed by
2007 as identified in the traffic study. The remaining four improvements indicate 2025 for
completion.
Mayor pro tem Cavecche asked if on street parking and architectural designs will be included in
the tentative tract plan and if the City will require an electronic version of a tract map. She noted
a concern about on street parking with high density areas and the architectural design facing
Glassell.
Ms. Angus responded that on street parking will be addressed at the tentative tract level and that
the tract map will be presented in electronic format. She also indicated architectural review will
be handled through the Design Review Committee.
Director of Public Works Harry Thomas agreed that the City reqUIres submission of all
development plans, except building plans, in an electronic format.
In response to questions from Mayor pro tem Cavecche on bus turn outs, Director of Public
Works Harry Thomas reported that the City will attempt to incorporate any bus turn-outs in
street improvement projects coordination with OCTA.
Mayor pro tem Cavecche inquired about bio swales and landscape maintenance, expressing a
concern with landscape maintenance districts. She inquired if the City or the homeowners
association would be liable if water run-off problems occur with drainage.
Mr. Thomas responded that the City of Orange holds the primary enforcement responsibility in
fulfilling NPDES requirements in the City. He explained that if the City does not perform to the
needed requirement permit, the Regional Board may expose the City to enforcement action.
Mayor pro tem Cavecche stated the City needs to review the natural treatment system very
carefully, and inquired if the review would return to the City Council.
Ms. Angus reported that the natural treatment system information will come back to City
Council as part of the tract map review.
Mayor pro tem Cavecche noted that since the engineering has not been completed for the
bioswales and their exact size is not known, she expressed concern that they not encroach into
the proposed trails. She noted for the record that the development will include trails, regardless
of the size of the bioswales. She further asked about the slope grade along the RJ.Noble border.
Ms. Angus reported that the tract has not been engineered yet, but a preliminary engineering
review indicates appropriate space for runoff; and that the City Council does have final approval
on conditions related to trails.
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CITY COUNCIL MINUTES
May 11, 2004
13. PUBLIC HEARINGS (Continued)
Ms. Angus further reported there is a 2:1 ratio suggested for the slope grade along the R.J. Noble
border. The proposal has been reviewed to ensure that the developer include landscaping and
buildings adequate in terms of noise and aesthetics; and that the proposal incorporates features to
mitigate noise to an acceptable level.
Mayor pro tem Cavecche noted the City will receive bonding on street improvements at the
tentative tract stage, and suggested a performance bond toward park improvements.
Ms. Angus replied staff is looking at a number of triggers and safeguards for the park
improvements.
Mayor pro tem Cavecche asked about the noise in regards to the neighboring viable industrial
use. She inquired if the developer was responsible to ensure the interior noise level does not
exceed 45 decibels. She also asked about the 700 foot distance required between a residential
unit and an industrial plant, asking if that rule did not apply in this case as RJ.Noble lies in
Orange County, not the City of Orange.
City Attorney David DeBerry noted that the County requirement for sound attenuation is driven
by decibels, and there are still requirements to reduce sound levels, both from RJ. Noble and the
applicant.
Councilmember Alvarez asked if the new property line between the proposed development and
RJ.Noble would trigger new sound mitigation on the east property line and on Glassell; and if
the development agreement specified specific sound mitigation measures.
Mr. De Berry replied that the City's study did not find RJ.Noble's noise level to exceed county
requirements, but did not know if future operations would have an affect or change that noise
level. He further reported that under County of Orange ordinance, the new property residential
line does require RJ.Noble's decibel level to reach new threshold.
Councilmember Alvarez asked why the noise attenuation measures did not apply to homes south
of Lincoln.
Ms. Angus replied that the noise study on Glasselllooked at current and future traffic impacting
the area of the Del Rio development. The traffic study assured proper noise mitigation for
residential development, but did not cover areas not impacted by development traffic increase.
She also noted that Del Rio committed a separate agreement with the Tamarind Townhomes to
add noise walls.
Councilmember Alvarez inquired about the traffic development on Lincoln Street, considering
the new development and existing uses ofRJ.Noble.
Director of Community Development Alice Angus reported that the City completed the same
type of traffic analysis at Lincoln, and determined traffic would not increase noise to a level
requiring mitigation.
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CITY COUNCIL MINUTES
May II, 2004
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez referred to recent mitigation with residents South of Lincoln regarding
the speed hump issue. He asked if traffic studies included drivers using new development streets
to avoid the speed humps.
Mr. Thomas noted that traffic studies typically look at the arterial street network and that traffic
dispersal in the local street system is virtually impossible to predict.
Councilmember Alvarez asked about the timing of the proposed park.
Mr. De Berry noted that prior to the issuance of any Certificate of Occupancy, the park area has
to be rough graded and dedicated to the City; so if no residential development ever occurred, the
City would still have 10 acres of property for the park. Another trigger requires that no later
than the 260th certificate of occupancy or within three years of the first certificate, the park must
be completed. The 260th certificate was chosen as one third percentage of total units.
Councilmember Ambriz asked about a noise buffer between R. J. Noble and the development.
Ms. Angus reported sound mitigation features include the distance, the uniform building code
requirements, a six foot property wall and a heavily landscaped area of trees averaging twenty to
thirty-five feet of height.
Councilmember Ambriz expressed concern about noise from the park asking if homeowners
adjacent to Olive Park were affected by activities at that park.
Ms. Angus was not aware of any complaints about Olive Park.
Councilmember Ambriz commented that the City needs to be sensitive both to business owners
and future uses. He raised concern regarding the number of parking spots available at the park,
citing the need for more than 49 spaces.
Director of Community Development Alice Angus replied that the Community Services
Department and Parks Commission have not reviewed the park yet, and the parking issue will be
addressed at that time.
Councilmember Ambriz inquired about affordable housing, asking if the City can allocate
something for a small percentage of these homes to be affordable housing. He noted that the
plan provides nice family amenities, but the average home price of $485,000 is not affordable to
young families.
Ms. Angus noted the developer is proposing moderate level of housing with a lot of open space
and amenities.
Councilmember Coontz expressed concern about outside walls on developments and taking care
of the landscaping along those outside walls.
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CITY COUNCIL MINUTES
May 11, 2004
13. PUBLIC HEARINGS (Continued)
MAYOR MURPHY OPENED THE PUBLIC HEARING
Frank Elfend, 18101 Van Karman, Irvine, representing the Applicant, introduced the team of
consultants working on this project and thanked the city staff for their efforts on this project.
He reported on Del Rio's outreach program where representatives met with community members
to talk about the project. He presented the City of Orange with twenty letters of community
support, in addition to the eighty support letters submitted previously. He reminded the City
Council about an earlier plan that had been rejected due to a small park with fewer acres and no
greenway. He presented the revised project as meeting community needs, such as a sports park
and greenway to increase property values, desired housing options of condominiums and
townhomes rather than high density apartments, and the removal of a Batavia-Riverdale
extension featured in the earlier proposal. He reported that the Planning Commission
unanimously passed this new plan that addresses drainage concerns with a natural filtration
bioswale and adds a trail connection to the Santa Ana River. He also noted the neighboring
Tamarind residential community supports the project and looks forward to Del Rio's
construction of a wall to assist with traffic noise.
Mr. Elfend agreed to increase the number of parking spaces provided at the sports park in
response to Councilmember Ambriz' concern. Further, he stressed Del Rio's commitment to
funding the outlined traffic improvements. He reported that the mitigation agreement between
Del Rio and the Orange Unified School District will soon be completed, with Del Rio providing
$6 million in advance to the OUSD.
Regarding noise concerns, Frank Elfend announced a noise mitigation agreement reached
between Del Rio and the neighboring business, RJ.Noble Co. He reported that RJ.Noble
withdrew their protest of the project, and now supports Del Rio. This positive solution will
include cooperative grading and higher walls to avoid noise problems.
Councilmember Ambriz inquired about the affordable housing issue. He asked if the developer
would consider meeting with the City Redevelopment Agency to discuss an affordable housing
element.
Frank Elfend reported they will discuss affordable housing issues with the City.
In response to questions from Councilmember Alvarez, Mr. Elfend reported that the grade will
not necessarily reach higher than uses surrounding the development project.
Mr. Elfend also noted that the bioswale system will handle the majority of drainage with no
plans to impact city drainage; and although precise plans are not complete, the property line
between Del Rio and R. J. Noble will include some type ofberming and vegetation.
Councilmember Alvarez raised a question concerning the development's impact on the Orange
Unified School District, and the amount of new students generated.
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CITY COUNCIL MINUTES
May 11, 2004
13. PUBLIC HEARINGS (Continued)
Frank Elfend reported that the School District has done an analysis for their facilities, resulting in
statutory fees from Del Rio of $6 million for OUSD, assuring Council that Del Rio works with
the School District on a continual basis.
Councilmember Alvarez asked about the schools that would be impacted by this development;
and wanted to ensure the School District was in full agreement with this project.
Ms. Angus listed affected schools, including Olive, Villa Park, Fletcher and Cerro Villa. The
environmental documents provide an estimated number of students at the elementary, middle,
and high school levels, with the high school impact of 68 students being the highest.
Frank Elfend referred to an OUSD letter provided to the Planning Commission detailing the
OUSD's cooperative relationship with Del Rio. He reported that the OUSD's technical studies
proved the school district able to handle the student increase.
In response to questions from Councilmember Alvarez, Mr. Elfend reported they plan to light the
sports park. They also do not want residents moving into homes without a park, and the actual
timing of park construction depends on how quickly the project can move through the City and
the Parks Commission.
Mr. Elfend reported it has not been determined if there will be an assessment district or a
homeowners association; that decision will be finalized in the future.
Mr. DeBerry noted the City will review the costs and benefits of structuring a district or an
association.
Councilmember Coontz questioned whether a homeowner associatIOn has the ability and
experience to handle more technical aspects of the Del Rio development, such as the bioswale
drainage system; and asked about the proposed signal at Richland and whether the
recommendation was a result of community needs or the traffic study.
Frank Elfend explained the process followed in establishing traffic needs, including a technical
traffic study as well as meeting with City staff. He reported that residents can not exit easily
from Richland at peak periods. The recommendation included testing the signal with a possible
restriction in the future.
Terry Austin, Austin-Foust Associates, Traffic Engineer reported a signal will not exacerbate
traffic on Glassell, but it will create an easier turn out for Richland drivers.
Mayor pro tem Cavecche agreed that the Richland neighborhood expressed concern about traffic.
She questioned if the traffic study considered through traffic that avoids arterial streets and may
pass through the new development.
PAGE 23
-- - -----.. --.- .----. -- - --. ~'------" ". ~--_..-._._._..
T
CITY COUNCIL MINUTES
May II, 2004
13. PUBLIC HEARINGS (Continued)
Mr. Austin reported the study did not find that people would drive through the new development
to skip a particular intersection. He stressed the signal's importance as a crosswalk based on
future pedestrian traffic that will likely use that intersection and pass through the development to
the park.
Mayor pro tem Cavecche expressed appreciation for the advancement on construction and
improvement on the timing for the park; and inquired about the timing on performance bonds,
and asked if the applicant would consider a performance bond in advance.
Mr. Elfend responded that performance bonds normally follow the final map level, as parks
require substantial information on what the bond will cover; and moving into the final map, this
is something they would consider.
Ms. Angus agreed that the developer would need a tract map prior to a performance bond.
Speakers
. Larry Trabue - 3139 Rivermist Circle spoke in favor of the project due to the potential
increase in neighborhood property values.
. Norm Wright, General Manager of Operations for RJ.Noble Company commented that a
County permit allows RJ.Noble to work seven days a week, twenty-four hours a day; and
provided a copy of the original 1950 permit.
. Michael Carver, Owner of RJ.Noble at 15505 E. Lincoln, does not oppose the project. He
reiterated that an Orange County permit allows RJ.Noble to conduct business operations
seven days a week, twenty-four hours a day. He announced the mitigation agreement
between RJ .Noble and Del Rio which outlined the construction of a fifteen foot dirt berm to
split the property.
Councilmember Alvarez asked Mr. Carver how RJ .Noble plans to maintain dust and noise levels
as development encroaches close to their business. He expressed a desire to protect Orange
businesses.
Michael Carver responded that the new mitigation agreement dictates the construction of a six
foot wall on top of a dirt berm. He reported that RJ.Noble vacuum sweeps throughout its
business operations; and assured the Council that RJ.Noble plans to act as a good neighbor.
Mayor Murphy asked if RJ.Noble feels confident that it will operate successfully under the new
permit noise requirements.
Michael Carver commented that RJ.Noble will work within its current permits and believes it
will mitigate noise appropriately. However, RJ.Noble has not conducted a recent noise study.
PAGE 24
CITY COUNCIL MINUTES
May 11, 2004
13. PUBLIC HEARINGS (Continued)
. Susan Leveque, 2225 E. Grove, expressed concern of future residential complaints about
noise and dust from RJ.Noble company; recognizing RJ.Noble's contributions to the city
and county.
. Nancy Townsend, 101 W. Riverdale, spoke in favor of the project for the Tamarind
Association. She requested a landscaped setback adjacent to Tamarind Homes.
. Rudy Friend, Address on File, wanted to provide existing businesses with protection so new
homeowners know of the existing asphalt business.
. William Carver, 6825 Horseshoe Road, wanted to achieve protection for future residents of
the Del Rio development but also did not want to injure the long term viability ofRJ.Noble.
He hopes noise mitigation will assist in meeting those goals
. John Bennet, 19999 Hillside Drive, expressed concern that RJ.Noble be treated fairly.
. Nancy Row of 537 S. Yorba does not want the future of R.J.Noble jeopardized due to noise
concems, and recommends the construction of a larger noise buffer.
. Diane Smith, 843 S. Exeter Place, asked for appropriate noise mitigation for the project in
order to avoid conflict between RJ .Noble and the new development.
. Stacey Germain, 2723 Pampas, expressed support for the Del Rio project, and requested a
landscaping buffer on Lincoln.
. Bobette Fisher, 2477 Ashwood, stressed the importance of noise mitigation.
. Richard Goodman, attorney representing the RJ.Noble, announced that R.J.Noble entered
into an agreement with Del Rio that evening to address legitimate concerns regarding noise
mitigation efforts.
. Lenore Hubbard, 101 W. Riverdale, spoke in favor ofthe Del Rio project as a member of the
Tamarind Home Owners Association.
. Mike Barth, 748 N. Poplar Street, supported the project with the proper mitigations for noise.
. Albert Lopez, 445 E. Riverview, spoke in favor of the project, which is a good addition to
north Orange.
. Bob Clayton, 3201 N. Glassell, spoke on traffic concerns at Glassell and suggested the
addition of an acceleration and deceleration lane.
PAGE 25
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CITY COUNCIL MINUTES
May 11,2004
13. PUBLIC HEARINGS (Continued)
Frank Elfend submitted the agreement letter between Del Rio and RJ .Noble into public record.
Councilmember Alvarez reiterated his concern for project support by the Orange Unified School
District. He again asked Frank Elfend to comment on the relationship and agreement process
between Del Rio and the OUSD. He would have liked a copy of the OUSD and Del Rio
mitigation agreement at the City Council meeting.
Frank Elfend stressed that Del Rio maintains an extremely positive working relationship with the
staff and board of OUSD. He assured the Council that they will complete the mitigation
agreement with OUSD soon.
City Attorney David De Berry stated that the development agreement requires that the developer
enter into a mitigation agreement with OUSD.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor pro tem Cavecche noted she had expressed concern about the original plans for this
development and had provided a wish list for the plan revisions. She sees the new plans
integrating this wish list, including a much needed increase of open and park space in the City of
Orange. She thanked Del Rio and RJ.Noble for arriving at an agreement. She stated that deed
restrictions on the homes will note the ongoing presence ofRJ.Noble. She concurred with the
extra layer of mitigation, and hopes this development will greatly improve North Orange.
Councilmember Coontz expressed pleasure that the applicant, R.J.Noble, and City staff tackled
the issue of noise. She sees a need to review the Richland traffic issues further, and requested
future clarification on roadway enhancements. She further commented that RJ.Noble continues
to modernize its systems and serves as a kind neighbor.
Mayor Murphy observed that this development project improves the surrounding community by
providing housing stock, a significant improvement to our parks, and an investment in North
Orange He appreciated the community's positive response at the meeting, and complimented the
applicant on working with the community. He felt the project exceeds requirements, but wants
the traffic signal reviewed for cross traffic. He encouraged the process to continue and stated his
appreciation for the two parties' mitigation agreement.
Councilmember Alvarez thanked the applicant for working with the neighborhood. This project
has changed a great deal, for the better, since the original proposal; has a good mix of use and is
a great addition to the City's park acreage.
Councilmember Ambriz expressed support for the project and the agreement between Del Rio
and R. J. Noble; noting the applicant's willingness to talk to the City about affordable housing
element.
Councilmember Coontz stressed this new development as an entry point to the City of Orange
that is changing and improving with landscaping and development.
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CITY COUNCIL MINUTES
May 11, 2004
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9864
A Resolution of the City Council of the City of Orange certifying the adequacy of Final
Environmental Impact Report No. 1720-03 and adopting findings of fact and mitigation
monitoring and reporting program for the development of a planned community on 73 acres by
the Del Rio, LLC, including associated applications for General Plan Amendment 2004-0002,
Zone Change 1222-03 and a Development Agreement by and between the City of Orange and
Del Rio, LLC.
Applicant: Del Rio, LLC
MOTION - Mayor Murphy
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9864.
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve General Plan Amendment 2004-0002 to amend the City's Land Use Map by
changing approximately 73 acres designated RA (Resource Area) to OS-P (Open Space-Park),
OS (Open Space, LMDR (Low Medium Density Residential, 6 to 15 dwelling units per acre) and
MDR (Medium Density Residential, 15 to 24 dwelling units per acre) as outlined in Planning
Commission Resolution No. PC-13-04.
ORDINANCE NO. 14-04 (FIRST READING)
An Ordinance of the City Council of the City Of Orange approving Zone Change 1222-03
establishing a PC (Planned Community) Zoning Classification and Adopting the Del Rio
Development Plan for approximately 73 acres to be annexed from the County of Orange located
West of Glassell Street, North of Lincoln Avenue and South and East of the Santa Ana River
Channel.
Zone Change 1222-03
Applicant: Del Rio, LLC
MOTION - Mayor Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 14-04 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES
May II, 2004
13. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 15-04 (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 Del Rio, LLC, for approval of the phased development of the
property generally located West of Glassell Street, North of Lincoln Avenue and South and East
of the Santa Ana River Channel.
Applicant: Del Rio, LLC
MOTION - Mayor Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 15-04 be read by title only and same was set for second reading by
the preceding vote.
RESOLUTION NO. 9865
A Resolution of Application of the City Council of the City of Orange requesting the Local
Agency Formation Commission to take proceedings pursuant to the Cortese-Knox-Hertzberg
Reorganization Act of 2000 for annexation to the City of Orange of a portion of unincorporated
territory, known as Del Rio area, located within its sphere of influence totaling 73.22 acres; and
indemnifying the Local Agency Formation Commission.
MOTION - Mayor Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approved Resolution No. 9865.
14. PLANNING AND ENVIRONMENT
14.1 RESOLUTION NO. 9861 (CBOO.E)
A Resolution of the City Council of the City of Orange approving a General Plan Amendment
to: (I) Redesignate 11.87 Acres of Property located North of Lincoln Avenue from RA
(Resource Area) to OS-P (Open Space - Park); (2) Redesignate 7 Acres of Property located
1,000 feet North of Lincoln Avenue and West of Glassell Street from RA (Resource Area) to OS
(Open Space); (3) to Redesignate 36.52 Acres of Property located West of Glassell Street
between Lincoln Avenue and the Santa Ana River from RA (Resource Area) to LMDR (Low-
Medium Density Residential); (4) Redesignate 17.83 Acres of Property located West of Glass ell
Street and North Lincoln Avenue from RA to MDR (Medium Density Residential); and (5)
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CITY COUNCIL MINUTES
May II, 2004
14. PLANNING AND ENVIRONMENT (Continued)
Redesignate Property Located at the Southeast corner of Almond Avenue and Lemon Street
from OT (Old Towne Mixed Use) and MDR (Medium Density Residential) to MDR (Medium
Density Residential).
Applicants: Del Rio, LLC
Joe and Linda Day
MOTION - Mayor Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9861.
15. ADJOURNMENT
The City Council adjourned at 10:30 p.m. in memory of Army Spec. Trevor Win'E, 22-year old
Orange resident killed in Iraq.
The next Regular Council meeting is scheduled for May 25, 2004.
MURPHY
CITY CLERK
MARKA.MURP
MAYOR
PAGE 29
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