HomeMy WebLinkAbout5_11_2004 - Council MinutesAPPROVED 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
PRESENTATIONSIANNOUNCEMENTSI 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.f
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.
PAGE 2
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 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
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.
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
CITY COUNCIL MINUTES 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
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
CITY COUNCIL MINUTES 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 7.1Report
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.PAGE 9
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.
PAGE 10
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.
PAGE 11 1
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-
CITY COUNCIL MINUTES 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
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.PAGE 14
CITY COUNCIL MINUTES 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
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:
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
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
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.
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.
PAGE 20
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.PAGE
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.PAGE
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
23T
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
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
1
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.
PAGE 26
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
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)PAGE 28
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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