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Council Minutes 11/13/18 APPROVED BY THE CITY COUNCIL ON DECEMBER 11, 2018 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES NOVEMBER 13, 2018 The City Council of the City of Orange, California convened on November 13,2018, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 P.M. SESSION 1. ROLL CALL � PRESENT —Alvaxez, Whitaker, Smith, Murphy,Nichols ABSENT —None 2. ORAL COMMUNICATIONS—None 3. RECESS TO CLOSED SESSION—The City Council recessed to Closed Session at 5:00 p.m. with all Members present. a. Conference with Legal Counsel—Existing litigation pursuant to Government Code Section 54956.9(a) & (d)(1). 1) Case: Orange County Catholic Workers, et al. v. County of Orange, et al. USDC Case No. 8:18-cv-00155 2) Claim of Daniel John Albarian 3) Case: County of Orange v. California Department of Public Health San Diego Superior Court b. Conference with Real Property Negotiator—Real property negotiations pursuant to Government Code Section 54956.8: Property: Real Property Commonly Known as Park Lane Dead End City Negotiator: Rick Otto, City Manager Under Negotiation: Terms and Conditions c. Conference with Legal Counsel—Potential Litigation—Significant exposure to Litigation pursuant to Government Code Section 54956.9(d)(2). 1) One potential case. d. Public Employee Appointment—Pursuant to Government Code Section 54957(b): Title: City Clerk 4. ADJOURN TO REGULAR MEETING —At 6:10 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, November 13, 2018, in the Council � Chamber. PAGE1 CITY COUNCIL MINUTES NOVEMBER 13, 2018 6:00 P.M. SESSION 1. OPENING This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:10 p.m. 1.1 INVOCATION Given by Father Patrick Moses from Holy Family Cathedral. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Teresa E. Smith. 1.3 ROLL CALL PRESENT —Alvarez, Whitaker, Smith, Murphy,Nichols ABSENT —None 1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS Introduction of 2018 Miss Orange contestants. Proclamation honoring The Hilbert Museum for being named the 2018 Best Art Museum in Orange County. Proclamation honoring Mary E. Murphy for her years of service. Memorial Adjournment for pon Blake. � Memorial Adjournment for Victor A. "Vic"Heim. Memorial Adjournment for Fred Barrera. 2. PUBLIC COMMENTS Emily France, So Cal Gas Public Affairs—spoke regarding the state legislature's mandate that will require all buildings built after 2022 to be all electric and older buildings to be ' retrofitted by 2030; and she discussed renewable gas as an alternative option. David Hillman—spoke regarding a proposed East Orange Loop multi-use trail that would connect four regional parks, and distributed a draft conceptual plan. PAGE 2 CITY COLTNCIL MINUTES NOVEMBER 13, 2018 2. PUBLIC COMMENTS (Continued) Don Bradly, Orange Park Acre Association(OPA)President—spoke regarding a proposed East Orange Loop multi-use trail and reported that OPA is working on getting financing for the project, and requested the City to draft a letter of support for submittal with the grant proposal. Sharon Mule—spoke in support of the East Orange Loop multi-use trail. Laura Thomas—spoke in support of the East Orange Loop multi-use trail. Mark Mayes—spoke in support of the East Orange Loop multi-use trail. Eugene Fields — spoke in opposition to the City of Orange funding a homeless shelter in the City. 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 Confirmation of warrant registers dated October 4, 12, 26, and November 1, 2018. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of October 9, 2018; and Special Meeting of October 23,2018. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Monthly Treasurer's Reports for July,August,and September 2018. (C2500.F) - ACTION: Received and filed. 3.5 Agreement with CSA Holdings, Inc. for maintenance and renovation of City sports fields. (A2100.0; AGR-6662) ACTION: Approved agreement with CSA Holdings, Inc. in an amount of$300,000; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6 Fourth Amendment to Agreement No.6267.B with Merchants Building Maintenance, LLC,for additional labor costs for custodial cleaning services in City parks.(A2100.0; AGR-6267.B.4) ACTION: Approved the amendment with Merchants Building Maintenance, LLC, in the amount of$32,190; and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 3 CITY COUNCIL MINUTES NOVEMBER 13, 2018 3. CONSENT CALENDAR(Continued) 3.7 Award of Consultant Services Agreement to KOA Corporation for preparing plans, specifications,and estimates for Traffic Engineering Services on Chapman Avenue at Flower Street Left Turn Signal Modifications and Chapman Avenue at Feldner Road Left Turn Signal Modifications. (A2100.0; AGR-6663) ACTION: Awarded the contract in the amount of $39,464 to KOA Corporation; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.8 Cooperative Agreement No. C-8-1797 by and between Orange County Transportation Authority and the Cities of Orange, Garden Grove, Santa Ana, and Westminster for the implementation of the Garden Grove Boulevard Regional Traffic Signal Synchronization Project funded as part of the Measure M2 Regional Traffic Signal Synchronization Program. (A2100.0; AGR-6664) ACTION:Approved Cooperative Agreement No. C-8-1797,and authorized the Mayor and City Clerk to execute on behalf of the City. 3.9 Cooperative Agreement No. C-8-1798 by and between Orange County Transportation Authority and the Cities of Orange, Anaheim, Cypress, Garden Grove, Los Alamitos, Stanton, Villa Park, and County of Orange for the implementation of the Katella Avenue Regional Traffic Signal Synchronization Project funded as part of the Measure M2 Regional Traffic Signal Synchronization Program. (A2100.0; AGR-6665) ACTION:Approved Cooperative Agreement No. C-8-1798,and authorized the Mayor and City Clerk to execute on behalf of the City. 3.10 Cooperative Agreement No. C-8-1800 by and between Orange County Transportation Authority and the Cities of Orange, Irvine, and Santa Ana for the implementation of the Main Street Regional Traffic Signal Synchronization Project funded as part of the Measure M2 Regional Traffic Signal Synchronization Program. (A2100.0; AGR-6666) ACTION: Authorized the appropriation of $5,000 from the unreserved TSIP "B" (284) fund balance to expenditure account 284.5032.56100.20191 for the City of Orange's share of project cost; and approved Cooperative Agreement No. C-8-1800 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.11 Cooperative Agreement No. C-8-2015 by and between Orange County Transportation Authority and the Cities of Aliso Viejo,Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, La Habra, Lake Forest, Mission Viejo, La Palma, Los Alamitos, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton,Tustin,Villa Park,Westminster,Yorba Linda, and the County of Orange for administration of the Orange County Taxi Administration Program. (A2100.0; AGR-6667) ACTION: Approved Cooperative Agreement No. C-8-2015 and authorized the City Manager and City Clerk to execute on behalf of the City. PAGE 4 CITY COUNCIL MINUTES NOVEMBER 13, 2018 3. CONSENT CALENDAR(Continued) 3.12 First Amendment to Attorney Services Agreement with the law firm of Woodruff, Spradlin & Smart to provide legal services related to litigation defense in the matter of Creative Home dba CHI Construction v. City of Orange. (A2100.0; AGR-6543.1) ACTION: Approved a First Amendment to Attorney Services Agreement with Woodruff, Spradlin & Smart in the amount of$14,000; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13 Appropriation of park development fees for the Shaffer Park Renovation Project. ACTION: Authorized the appropriation of $100,000 from Fund 510 (Park Acquisition- Infill) unreserved fund balance to expenditure account number 510.7022.56020.30042 (CIP—Shaffer Park Renovation). 3.14 Appropriation of funds received from State of California Office of Emergency Services to Fiscal Year 2017-18. (C2500.H) ACTION: 1) Accepted into the .City's revenue budget a total reimbursement of $491,917.51 in reimbursement payments into account number 100.3021.48212 — Reimbursement from OES, within the following project numbers: Project Revenue Description of Incident Account Amount Reimbursement Salmon Au st Com lex Fire 40162 $26,670.33 Wildomar Fire 40177 6,022.13 Thomas Fire 40180 459,225.05 Total: $491,917.51 2) Authorized the appropriation into expenditure account number 100.3021.50221 — Overtime-Safety, within the project numbers and amounts as follows: Project Expenditure Descri tion of Ex enditure Account Amount Salmon Au st Com lex Fire 40162 $26,186.88 Wildomar Fire 40177 6,022.13 Thomas Fire 40180 458,477.86 Total: $490,686.87 3) Authorized the appropriation into expenditure account number 100.3021.53860— Strike Team Expenditures,within the project numbers and amounts as follows: Project Expenditure Descri tion of Ex enditure Account Amount Salmon Au st Com lex Fire 40162 $483.45 Thomas Fire 40180 747.19 Total: $1,230.64 PAGE 5 CITY COLJNCIL MINUTES NOVEMBER 13, 2018 3. CONSENT CALENDAR(Continued) 3.15 Final Acceptance of Bid No. 178-12; Villa Real Drive Southern California Edison (SCE) Service Undergrounding for electrical service to Reservoir No.2; and authorization to file Notice of Completion with the County Recorder. (AGR-6576) ACTION: Accepted Villa Real Drive Southern California Edison (SCE) Service Undergrounding, for electrical service to Reservoir No.2 project as complete; and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.16 Final Acceptance of Bid No. 178-33, SB-1 Street Improvements, FY18; and authorization to file Notice of Completion with the County Recorder. (AGR-6621) ACTION: Accepted SB-1 Street Improvements, FY18 as complete; and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.17 Rejection of Bids; Bid No. 178-34; Water System SCADA & Controls upgrades and authorization to re-advertise for bids. (C2500.P) ACTION: Rejected all bids received, and authorized the re-advertisement of this project. 3.18 Claims for Damages. (C3200.0) ACTION: Denied the following claims for damages and referred to City Attorney and Claims Adjuster: a. So Cal Gas b. Leonardo Sandoval c. Michele Stepp d. Meghan Taylor on behalf of minor e. Daniel C. Roth 3.19 Award of Contract for Bid No. 178-02, two Federal Highway Safety Improvement Program (HSIP) Left Turn Phasing Signal Modification Projects: 1) Glassell Street and Walnut Avenue; and 2) Chapman Avenue and James Street. (AGR-6668) ACTION: 1) Transferred $207,000 from the Tustin/Meats Intersection Right Turn Lane Addition Project account 284.5011.56330.30025 to 284.5032.56100.30029 TSIP B, HSIP Glassell and Walnut;2)Authorized the appropriation of$5,300 from the Renewed Measure M2 Traffic Improvement Fund (263) unreserved fund balance to expenditure account number 263.5032.56100.30030,Measure M2,HSIP Chapman and James; and 3)Awarded the contract in the amount of$711,611 to International Line Builders, Inc., and authorized the Mayor and CiTy to execute on behalf of the City. 3.20 Mills Act Contract No. MAC-271.0-18 (Historic Property Preservation Agreement), 272 N. Cambridge Street. (AGR-6669) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. PAGE 6 CITY COUNCIL MINUTES NOVEMBER 13, 2018 3. CONSENT CALENDAR(Continued) 3.21 Mills Act Contract No. MAC-272.0-18 (Historic Property Preservation Agreement), 375 S. Batavia Street. (AGR-6670) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.22 Mills Act Contract No. MAC-273.0-18 (Historic Property Preservation Agreement), 345 N.Harwood Street. (AGR-6671) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and properly owner for the preservation and rehabilitation of a qualified historic property. 3.23 Mills Act Contract No. MAC-274.0-18 (Historic Property Preservation Agreement), 344 E. La Veta Avenue. (AGR-6672) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.24 Mills Act Contract No. MAC-275.0-18 (Historic Property Preservation Agreement), 235 E. Palmyra Avenue. (AGR-6673) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.25 Mills Act Contract No. MAC-276.0-18 (Historic Property Preservation Agreement), 664 W. Palmyra Avenue. (AGR-6674) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.26 Mills Act Contract No. MAC-277.0-18 (Historic Property Preservation Agreement), 146 N. Harwood Street. (AGR-6675) NOTE: Mayor Smith recorded an abstention due to a potential conflict with a nearby property interest. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.27 Mills Act Contract No. MAC-278.0-18 (Historic Property Preservation Agreement), 203 S. Olive Street. (6676) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. PAGE 7 CITY COLJNCIL MINUTES NOVEMBER 13, 2018 3. CONSENT CALENDAR(Continued) 3.28 Water bill pass through charge for calendar year 2019 to take effect on January 1, 2019. (C2500.J.6) ACTION: Received and filed. 3.29 Authorize the disposal of surplus City property known as Park Lane dead end, located adjacent and east of 1736 E.Meats Avenue.Resolution No. 11115. (P2500.0.1) A Resolution of the City Council of the City of Orange finding that certain City-owned real property known as Park Lane dead end, located adjacent and east of 1736 E. Meats Avenue in the City of Orange is surplus to the City's needs and authorizing the disposal of said property. ACTION: Approved Resolution No. 11115. 3.30 Exchange of City-owned real property known as Park Lane dead end for privately owned property at 1736 E. Meats Avenue as part of the Meats/Tustin critical intersection improvement project. (D4000.0) ACTION: 1) Approved the exchange of City-owned real property known as Park Lane dead end for privately owned property at 1736 E.Meats Avenue as part of the Meats/Tustin critical intersection improvement project; 2) Authorized the Mayor and City Clerk to execute the grant deed for the City owned property; 3) Executed the acceptance of the privately owned property; and 4) Authorized the Mayor to execute the necessary escrow and related documents. This exchange is conditional pending the expiration of the 60 days surplus notification and no agency is interested in purchasing the City property. 3.31 Purchase of three Dell R740 Servers from Sidepath,Inc. (C2500.� NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Approved the purchase of three Dell R740 servers from Sidepath, Inc. in the amount of$79,723.20. 3.32 Old Towne West/Metrolink Parking Structure Parking Management and Maintenance Plans. (P2500.0.9) ACTION: Approved and adopted the Parking Structure Management and Maintenance Plans. 3.33 Vacating a portion of road easement at 5242 E. Lomita Avenue as excess street right of way that is no longer needed for street purposes.Resolution No. 11117. (54000.5.4) A Resolution of the City Council of the City of Orange summarily vacating a portion of road easement at 5242 E. Lomita Avenue as excess street right of way that is no longer needed for street purposes. ACTION: Approved Resolution No. 11117. PAGE 8 CITY COUNCIL MINUTES NOVEMBER 13, 2018 3. CONSENT CALENDAR(Continued) 3.34 Finance Department, General Revenue and Utility Billing Divisions Reorganization. Resolution Nos. 11123 and 11124. (C2500.J.4.1 & C2500.J.4.6) Resolution No. 11123. A Resolution of the City Council of the City of Orange Amending Resolution No. 11056 between the City of Orange and the Orange Management Association to include the salary range for the new classification of Finance Coordinator, effective December 9, 2018. Resolution No. 11124. A Resolution of the City Council of the City of Orange Amending Resolution No. 11104 relating to the classification, compensation, and terms of employment of Executive Directors and Top Management employees to include the salary range for the new classification of Finance Manager, effective December 9, 2018. ACTION: Approved Resolution Nos. 11123 and 11124. 3.35 Authorizing application for funds for the 2019 Bicycle Corridor Improvement Program (BCIP) for the Santiago Creek Bike Trail extension. Resolution No. 11120. (C2500.M.4.20) A Resolution of the City Council of the City of Orange authorizing application for funds for the 2019 Bicycle Corridor Improvement Program(BCIP). ACTION: Approved Resolution No. 11120. 3.36 Fiscal Year Ended 2018 Measure M2 Expenditure Report. Resolution No. 11121. (C2500.,n A Resolution of the City Council of the City of Orange concerning the Fiscal Year Ended June 30, 2018, Measure M2 Expenditure Report for the City of Orange. ACTION: Approved Resolution No. 11121. MOTION —Whitaker SECOND —Alvarez AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Mayor Smith recorded an abstention on Item 3.26, and Mayor pro tem Murphy recorded an abstention on Item 3.31. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR �x � �x � * �x � � 4. REPORTS FROM MAYOR SMITH Mayor Smith thanked everyone involved for the Veterans' Day celebration held on Sunday, November 11. � PAGE 9 CITY COLINCIL MINUTES NOVEMBER 13, 2018 5. REPORTS FROM COUNCILMEMBERS Councilmember Nichols reported that she attended Orange resident and veteran Glenn Smith's house as he was honored by Reborn Cabinets, Inc. and presented with a new bathroom as part of the nationwide program"Baths for the Brave." 6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS 6.1 Report from City Council Ad Hoc Committees related to Homelessness: Communitv Communications Councilmember Alvarez asked Police Chief Kisela to give a brief status report on the security of the Santiago Creek area and the calls for service. Chief Kisela reported that the calls for service have decreased in that area. In addition, Community Services is sweeping Santiago Creek twice a week keeping the trail clean and safe for the community. Furthermore, the Orange County Sheriffl s Department has been present and patrolling the riverbed as well. He also asked City Manager Otto about the public speaker's comment regarding a homeless shelter in the City of Orange, and City Manager Otto clarified that a homeless shelter is not being proposed for the City of Orange at this time. Cities and Non-profit Collaboration Mayor Smith reported that she met with United Way, and noted an article in the Orange County Register about United Way's efforts to provide more services to the homeless in Orange County. She also met with the Gloria Suess, Director of Mary's Kitchen here in Orange. Ms. Suess has noticed less loitering and has seen an improvement in the behavior of those receiving services. She also asked Mayor Smith to express appreciation to the community for all of the donations and volunteer hours. County Enga�ement Councilmember Whitaker reported that Propositions 1 and 2 were both approved in the recent election. These measures will be providing funds that will be allocated for supportive housing and emergency shelters. Mayor pro tem Murphy met with County Board of Supervisors Do and Bartlett in an ongoing effort to keep communication lines open. 7. ADMINISTRATIVE REPORTS 7.1 Rehabilitation of Interior Historic Features in Mills Act properties. (C2300.I.2) A Resolution of the City Council of the City of Orange amending the Mills Act Program requirements to allow rehabilitation of interior historic features in Rehabilitation/ Maintenance Plans for Mills Act Contracts. Historic Planner Marissa Moshier provided a staff report and reviewed the current program requirements and noted that examples of potential interior features were included in the staff report. If Council chooses to amend the Mills Act Program requirements, staff recommends capping the amount of interior rehabilitation in the Rehabilitation/ Maintenance Plan to no more than 25 percent of the total cost estimate in the Plan. PAGE 10 CITY COUNCIL MINUTES NOVEMBER 13, 2018 7. ADMINISTRATIVE REPORTS (Continued) During discussion,Historic Planner Moshier answered Council's questions regarding what interior features would be included and the process potential applicants go through before submitting an application. Council discussed adding interior paint to the table of Interior Features Eligible for Rehabilitation/Maintenance Plan that was included in the staff report, and asked staff to include the 25%maximum recommendation in the proposed resolution. Public Speakers: Robert Imboden— spoke in support of approving the resolution; however, asked Council to reconsider the 25%maximum. • Jeff Frankel—spoke in support of approving the resolution. City Attorney Winthers suggested adding the additional wording "capping the amount of interior rehabilitation in the Rehabilitation/Maintenance Plan to no more than 25 percent of the total cost estimate in the Plan"in the resolve paragraph of the resolution after"...as detailed and presented in the staff report,pages 3 through 4." MOTION —Whitaker SECOND —Murphy AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved to approve amended Resolution No. 11122 with added wording of"capping the amount of interior rehabilitation in the Rehabilitation/Maintenance Plan to no more than 25 percent of the total cost estimate in the Plan," and the inclusion of interior painting to the Interior Features Eligible for Rehabilitation/Maintenance Plan table. 7.2 Extension of the Employment Agreement with the City Manager Richard Otto. (A2100.0; AGR-6198.A.2) MOTION —Alvarez SECOND —Smith AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved to approve extension of Employment Agreement with City Manager Richard Otto. ' 7.3 Appointment of a City Clerk. (C2500.C) MOTION —Murphy SECOND —Whitaker AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved to appoint Pamela Coleman as elected City Clerk. RECESS: The City Council took a recess at 8:04 p.m. and reconvened at 8:21 p.m. with all members present. 8. REPORTS FROM CITY MANAGER City Manager Otto reported that staff will be using a new staff report format beginning with the December 11 City Council meeting. PAGE 11 CITY COUNCIL MINUTES NOVEMBER 13, 2018 9. LEGAL AFFAIRS 9.1 An Ordinance approving Zone Change No. 1289-18 adjusting the Old Towne Historic District Boundary. Ordinance No. 12-18 (Second Reading). (A2500.0) An Ordinance of the City Council of the City of Orange approving a Zone Change to expand an existing historic district overlay zone to add 12 properties on South Batavia �Street to the local Old Towne Historic District and update the City of Orange Historic Resources Inventory. Public Speaker: Tony Trabucco—spoke in support of adopting Ordinance No. 12-18. MOTION —Smith SECOND —Whitaker AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved that Ordinance No. 12-18 be read by title only and same was approved and adopted by the preceding vote. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY—None 11 PUBLIC HEARINGS 11.1 Conduit financing for the Lutheran High School Association of Orange County Project. (53500.A) Time set to conduct a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, as amended to approve a resolution authorizing of the issuance of the Obligations by the California Enterprise Development Authority. THE MAYOR OPENED THE PUBLIC HEARING. Public Speaker: Justin Steward — spoke in support of approving the resolution, and was available for questions. THE MAYOR CLOSED THE PUBLIC HEARING. Resolution No. 11119 A Resolution of the City Council of the City of Orange approving the issuance by California Enterprise Development Authority of not to exceed $17,000,000 aggregate principal amount of the issuer's revenue obligations for the purpose of financing and refinancing the cost of acquisition, construction, renovation, installation, equipping and furnishing of facilities for the benefit of Lutheran High School Association of Orange County providing the terms and conditions for such obligations and other matters relating thereto herein specified. PAGE 12 CITY COUNCIL MINUTES NOVEMBER 13, 2018 11 PUBLIC HEARINGS (Continued) MOTION —Whitaker SECOND —Murphy AYES —Alvarez, Whitaker, Smith,Murphy,Nichols Moved to approve Resolution No. 11119. 11.2 Eichler Historic District Designation and Orange Eichler Design Standards. (C2300.I.2) Time set for a public hearing to create a historic district overlay zone for three Eichler Tracts and amend Orange Municipal Code Section 17.17.060 for adoption of the Orange Eichler Design Standards. Historic Planner Moshier provided the staff report noting that the proposed design guidelines was a collaboration between staff,the consultant, and Eichler residents. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers: The following people spoke in support of approving Ordinance No. 14-18: Douglas Westfall, Adrian Turner, John Thorne, Nathan Phailuliff, Julia Thorne, Steve Baringer, Carol Fox,Rick Fox, Douglas Wade,Jeff Frankel, and David Rooks. Mayor Smith acknowledged an email in opposition of approving Ordinance No. 14-18 from Derek Tanji. THE MAYOR CLOSED THE PUBLIC HEARING. Ordinance No. 14-18 An Ordinance of the City Council of the City of Orange approving a Zone Change to create a historic district overlay zone for three Eichler Tracts and amending Orange Municipal Code Section 17.17.060 to include the adoption of the Orange Eichler Design Standards. MOTION —Whitaker SECOND —Murphy AYES —Alvarez, Whitaker, Smith,Murphy,Nichols Moved to approve Ordinance No. 14-18 for First Reading and same was set for Second Reading by the preceding vote. MOTION —Smith SECOND —Alvarez AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved to direct staff to send a letter to state officials documenting the creation of the new historic district. PAGE 13 CITY COUNCIL MINUTES NOVEMBER 13, 2018 11 PUBLIC HEARINGS (Continued) 11.3 Tentative Tract Map No. 0048-18,Minor Site Plan Review No. 0948-18,and Negative Declaration No. 1859-18 (Mara Brandman Arena). (T4000.0) Time set for a public hearing to consider adoption of Tentative Tract Map No. 0048-18, � Minor Site Plan Review No. 0948-18, and Negative Declaration No. 1859-18. The proposed project would subdivide a 7.44-acre site to create a six lot subdivision with lot sizes between 1.0 acres and 1.19 acres located at 6146 East Santiago Canyon Road (Mara Brandman Arena). Senior Planner Robert Garcia provided the staff report and provided Council with two additional potential conditions of approval. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers: Frank Elfend, applicant—spoke in support of approving Resolution No. 11118. The following people spoke in opposition of approving Resolution No. 11118: Don Bradley, Sharron Mule, Laura Thomas, David Hillman, and Theresa Sears. THE MAYOR CLOSED THE PUBLIC HEARING. Amended Resolution No. 11118 A Resolution of the City Council of the City of Orange approving Tentative Tract Map No. 004-18, Minor Site Plan Review No. 0948-18, and Negative Declaration No. 1859-18, to subdivide a 7.44-acre site into six, 1-acre single-family residential lots at 6146 East Santiago Canyon Road. MOTION —Whitaker SECOND —Murphy AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved to approve amended Resolution No. 11118 with the following two added conditions of approval: "Prior to the issuance of any grading permits the development shall provide rural road standards with minimum pavement sections,no curbs,gutters or sidewalks;"and "Prior to the issuance of any grading permits the development shall not provide street lighting.Instead the development shall provide for low-level rural character lighting as part of the individual architecture style when submitted for building plan check." 11.4 Land Use Matrix Ordinance No. 13-18. (A2500.0) Time set for a public hearing to consider Zone Change/Zoning Code Text Amendment No. 1290-18, a Land Use Matrix Ordinance to consolidate master land use matrices, special use standards, conditional use standards,prohibited uses, and standards for unlisted uses for all land use sections of Title 17 (the Zoning Code). This proposed ordinance reorganizes existing Code content and serves to promote ease of use and elimination of redundancy. Limited new supplemental text is incorporated to clarify City policy regarding table content. Senior Planner Chad Ortlieb provided the staff report explaining that the proposed amendment adds clarification to the current code. He briefly highlighted some of the changes. PAGE 14 CITY COUNCIL MINUTES NOVEMBER 13, 2018 11 PUBLIC HEARINGS (Continued) THE MAYOR OPENED THE PUBLIC HEARING. Public Speaker: Bonnie Robinson — expressed concerns with the timing of the amendments and opposed any changes to land uses. Staff clarified that the amendment does not change any land uses. THE MAYOR CLOSED THE PUBLIC HEARING. Ordinance No. 13-18 An Ordinance of the City Council of the City of Orange amending Title 17 of the Municipal Code to consolidate existing land use tables and use standards into Chapter 17.13 entitled Master Land Use Matrix. MOTION —Murphy SECOND —Alvarez AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved to approve Ordinance No. 13-18 for First Reading and same was set for Second Reading by the preceding vote. 11.5 Participation Agreement by and among the City of Orange, Southern Counties Oil Co.,a California Limited Partnership and Orange Katella,LLC,a California Limited Liability Company. (A2100.0; AGR-6110.A) NOTE: Councilmember Whitaker recorded an abstention on Item 11.5 due to a potential conflict with employment. He left the meeting at 10:22 p.m. Time set to conduct a public hearing under the requirements of Section 53083 of the Government Code, to consider an economic development subsidy. Senior Administrative Analyst Aaron Schulze provided the staff report and answered Council's questions regarding the terms of the agreement. THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. MOTION —Smith SECOND —Murphy AYES —Alvarez, Smith, Murphy,Nichols ABSENT (RECUSED)—Whitaker Moved to approve the Participation Agreement by and among the City of Orange,Southern Counties Oil Co., a California Limited Partnership, and Orange Katella, LLC, a California Limited Liability Company and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 15 CITY COUNCIL MINUTES NOVEMBER 13, 2018 12. ADJOURNMENT — The Council adjourned at 10:40 p.m. in Memory of Don Blake, Victor A. "Vic"Heim, and Fred Barrera. The next Regular City Council Meeting will be held on Tuesday, December 11, 2018, at 6:00 p.m. in the Council Chamber for the Oath of Office Ceremony, the Regular Session beginning at 7:30 p.m., and Closed Session if necessary. � - , •. ��� �. � B R ZORNADO TERESA E. SMITH CHIEF CLERK MAYOR PAGE 16