Council Minutes 07/12/16APPROVED BY THE CITY COUNCIL ON AUGUST 9, 2016
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES JULY 12, 2016
The City Council of the City of Orange, California convened on July 12, 2016, at 4:30 p.m. in a
Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. EMPLOYEE RECOGNITION SESSION
1. ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy,
ABSENT — Nichols
2. ORAL COMMUNICATIONS — None
3. EMPLOYEE SERVICE AWARDS
Recognition of Employee Service.
4. ADJOURNMENT — The City Council adjourned the Employee Recognition Session at
5:10 p.m. to its Regular City Council Meeting on Tuesday, July 12, 2016, at 6:00 p.m. in
the Council Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
JULY 12, 2016
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:01 p.m.
1.1 INVOCATION
Given by Pastor Jake McCall from Covenant Presbyterian Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mike Alvarez.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy,
ABSENT — Nichols
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by the Orange Public Library Foundation to the Orange Public Library.
Presentation of a Proclamation recognizing July as Parks Make Life Better Month.
Councilmember Whitaker announced that the Concerts in the Park series at the Hart Park
Band Shell will continue every Wednesday from 7:00 — 8:30 p.m. through August 10.
Mayor pro tem Murphy announced that the Orange Police Department will be hosting
National Night Out, Orange's night out against crime, on Tuesday, August 2.
2. PUBLIC COMMENTS
Renee Mascolo — spoke regarding the problem with the use of illegal fireworks in Orange.
Carol Walters — spoke regarding the problem with the use of illegal fireworks in Orange
and enforcing the Ordinance.
Jeff Hall — spoke regarding the problem with the use of illegal fireworks in Orange
including the non -State approved fireworks being used by local residents.
Marc Kenton — spoke regarding the problem with the use of illegal fireworks in Orange.
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CITY COUNCIL MINUTES
2. PUBLIC COMMENTS (Continued)
JULY 12, 2016
Matt Huddleston — spoke regarding the rent doubling for the Orange Y BMX facility that
is currently on YMCA property.
Shirley Hunt — expressed concerns with the abandoned property at 184 N. Prospect and
thanked staff for their assistance thus far.
Kimberly Bottomley — expressed concerns about Titan Automotive servicing cars on
neighboring residential streets and submitted signatures of other residents with the same
concerns.
Tony C — expressed concerns with Titan Automotive servicing cars on the street.
3A. 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, June 9, 16, 23, and 30, 2016. (C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of June 14, 2016. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 First Amendment to Contract 6267.11 with Merchants Building Maintenance, LLC,
to add custodial services for the Senior Center facility for twenty -three months in an
amount not to exceed $121,739. (A2100.0; Agr- 6267.B)
ACTION: Approved amendment to the contract with Merchants Building Maintenance,
LLC, and authorized the Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JULY 12, 2016
3.5 Award of Consultant Services Agreement to Annealta Group for as- needed
Construction Inspection Services. (A2100.0; Agr -6365)
ACTION: Awarded a contract to Annealta Group, and authorized the Mayor and City Clerk
to execute on behalf of the City.
3.6 Number not used.
3.7 First Amendment to Attorney Services Agreement with the law firm of Kutak Rock
LLP to provide for an additional $150,000 for legal services related to litigation
defense for a total amount not to exceed $250,000. (A2100.0; Agr -6248)
ACTION: Authorized the appropriation of $150,000 from the Liability unreserved fund
balance to expenditure account number 740.0301.51600.00000 Liability -Legal Services;
and approved and authorized the Mayor and City Clerk to execute the First Amendment to
Attorney Services Agreement with Kutak Rock LLP.
3.8 Lease Agreement with the East Orange County Water District to ground lease the
McPherson Resource Center located at 210 N. McPherson Road. (A2100.0; Agr -6366)
ACTION: Approved the Lease Agreement between the City of Orange and East Orange
County Water District; and authorized the Mayor to execute and the City Clerk to attest to
the Lease Agreement on behalf of the City.
APPROPRIATIONS
3.9 Appropriation of Donation from the Orange Public Library Foundation (OPLF) of
$30,000. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $30,000 donation from OPLF into
revenue Account No. 100.2001.48390.19322 (Library Foundation Donations); and 2)
Appropriated the donation into the following expenditure accounts:
100.2001.53301.19322 - OPLF (Book Budget) $13,500
100.2004.55131.19322 - OPLF (Furniture & Machinery -Tech) $5,000
100.2016.53340.19322 — OPLF (Craft Supplies - Adult) $1,000
100.2016.55131.19322 - OPLF (Furniture & Machinery - Adult) $7,500
100.2017.51670.19322 — OPLF (Other Professional & Consulting) $3,000
$30,000
BIDS
3.10 Bid No. 167 -02; Approval of plans and specifications, and authorization to advertise
for bids for construction of Fiscal Year 2015 -16 (FY16) Community Development
Block Grant (CDBG) Alley and Street Improvements Project: Highland
Neighborhood Streets and Alleys. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG FYI Alley and Street Improvements Project.
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CITY COUNCIL MINUTES JULY 12, 2016
3. CONSENT CALENDAR (Continued)
3.11 CLAIMS (C3200.0)
The following claim(s) have been received and investigated by the City Attorney's Office
and /or the Risk Manager. After a thorough investigation with the involved departments, it
is the recommendation of the City Attorney's Office that the claim(s) be denied:
a. Joseph Deligiannis
b. Joan R. Waggoner
C. Monica Wilson
d. Lisa M. Caplinger
e. State Farm A /S /O David Garcia
f. Karina Diaz
g. Charles Schurter and Susan Chester
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Final Acceptance of Bid No. 156 -15; Taft Library and Fire Station #3 Fiber Optic
Cable Installation Project performed by PTM General Engineering Services, Inc.;
and authorization to file the Notice of Completion with the County Recorder. (No
staff report required (A2100.0; Agr -6305)
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey, Bond No. 691101 in the amount of
$218,812.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.13 Final Acceptance of Bid No. 156 -16; Lincoln Avenue Street Improvements performed
by Hillcrest Contracting, Inc.; and authorization to file the Notice of Completion with
the County Recorder. ( staff report required (A2100.0; Agr -6310)
ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit
Company of Maryland State of Maryland Bond No. 7648132 in the amount of $155,329.00
to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
3.14 Final Acceptance of Bid No. 156 -28; CDBG ADA Wheelchair Access Ramps at
Various Locations FY 2015 -2016 performed by EBS General Engineering, Inc.; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (A2100.0; Agr -6332)
ACTION: Accepted public work improvements, authorized release of Suretec Insurance
Company State of Texas Bond No. 4405770 in the amount of $213,900.00 to the contractor
on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion.
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CITY COUNCIL MINUTES JULY 12, 2016
3. CONSENT CALENDAR (Continued)
FACILITIES
3.15 Request to close the Orange Public Library and History Center (OPL & HC) and the
two branches (Taft & El Modena) to accommodate various events and holidays.
(C2500.I)
ACTION: Approved closure of Orange Public Library facilities to the public as follows:
OPL & HC: Friday, September 2 at 2:30 p.m. and Saturday, September 3r all day for the
Orange International Street Fair.
All Libraries: Wednesday, November 23 at 6:00 p.m. for Thanksgiving.
OPL & HC: Saturday, December 24 at 2:00 p.m. for Christmas Eve.
Taft & El Modena: Saturday, December 24 all day for Christmas Eve.
PURCHASES
3.16 Purchase of print materials for Orange Public Library facilities from Baker &
Taylor, Inc., in the amount of $75,000. (C2500.I)
ACTION: Authorized purchase of print materials for Orange Public Library facilities from
Baker & Taylor, Inc., in the amount of $75,000.
3.17 Purchase of the DeskOfficer Online Reporting System (DORS) for the Police
Department from Coplogic, Inc., a LexisNexis Company, in the amount of $40,550 for
the fiscal period July 1, 2016, through June 30, 2019. (C2500.K)
NOTE: Mayor pro tern Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Authorized the appropriation of $40,550 from the Federal Asset Forfeiture
Treasury Asset Fund unreserved fund balance to expenditure account number
355.4011.55131.00000, Federal Asset Forfeiture Treasury Asset Fund, Equipment; and
authorized the Mayor and City Clerk to execute the agreement with Coplogic, Inc., on
behalf of the City.
3.18 Purchase of the Automated Tactical Analysis of Crime software and Regional
Analysis and Information Data Sharing module (ATACRAIDS) for the Police
Department from Bair Analytics, a LexisNexis Company, in the amount of $25,055
for the fiscal period July 1, 2016, through June 30, 2019. (C2500.K)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Authorized the appropriation of $25,055 from the Federal Asset Forfeiture
Treasury Asset Fund unreserved fund balance to expenditure account number
355.4011.55131.00000, Federal Asset Forfeiture Treasury Asset Fund, Equipment.
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CITY COUNCIL MINUTES JULY 12, 2016
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.19 RESOLUTION NO. 10951 (S4000.S.4)
A Resolution of the City Council of the City of Orange removing a portion of Cannon
Street from the City Street System.
ACTION: Approved.
3.20 RESOLUTION NO. 10952 (S4000.0)
A Resolution of the City Council of the City of Orange accepting certain roads and streets
into the City Street System.
ACTION: Approved.
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.21 RESOLUTION NO. SAORA -024 (SA1000.0)
A Resolution of the governing board of the Successor Agency to the Orange
Redevelopment Agency authorizing the execution and delivery of a purchase and sale
agreement regarding the Successor Agency's sale of a property to Regents of the University
of California and taking related actions.
ACTION: Approved Resolution No. SAORA -024; and authorized the Chairperson, the
Vice Chair, and the Executive Director to execute the Sale Agreement.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Mayor pro tem Murphy recorded an abstention on Items 3.17 and 3.18. All other items on
the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
In light of the tragic events that happened in Dallas, Texas; Mayor Smith extended the
City's heartfelt appreciation to the Orange Police Department and pledged the City's
support to its Police Officers.
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CITY COUNCIL MINUTES JULY 12, 2016
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS
NOTE: Items 7.1 and 7.2 were re- ordered to be heard after Item 11.3.
7.1 Ground Lease by and between City of Orange and Triangle Terrace Affordable, L.P.
for Triangle Terrace Apartments. (A2100.0; Agr -6368)
NOTE: Mayor Smith recorded an abstention on Items 7.1, 7.2, and 11.4 due to a potential
conflict with her employer and left the dais at 8:21 p.m.
City Manager Rick Otto introduced the item and Senior Housing Manager Mary Ellen
Laster provided a staff report. During discussion, City Attorney Winthers clarified that the
Mayor is still authorized to sign the agreements related to this project even though she has
recused from all three items. The applicant briefly thanked Council and staff for their
support on this project.
MOTION
— Whitaker
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Murphy
ABSENT (RECUSED) — Smith
ABSENT
— Nichols
Moved to: 1) Approve the Ground Lease with Triangle Terrace Affordable, L.P.; 2)
Authorize the Mayor to execute the Ground Lease with Triangle Terrace Affordable, L.P.
and all related documents on behalf of the City; and 3) Authorize the Mayor to terminate
the existing Ground Lease with Orange Senior Housing, Inc. (OSH, Inc.) on behalf of the
City.
7.2 Agreement by and between the City of Orange ( "City ") and Orange Senior Housing,
Inc. ("OSH ") Relating to the Commitment and Reinvestment of Triangle Terrace
Sale Proceeds. (A2100.0; Agr -6369)
NOTE: Mayor Smith recorded an abstention on Items 7.1, 7.2, and 11.4 due to a potential
conflict with her employer. She left the dais prior to Item 7.1 being heard.
MOTION — Alvarez
SECOND — Whitaker
AYES — Alvarez, Whitaker, Murphy
ABSENT (RECUSED) — Smith
ABSENT — Nichols
Moved to approve the agreement with OSH and authorize the City Manager and City Clerk
to execute the agreement on behalf of the City.
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS (Continued)
JULY 12, 2016
7.3 Official Police Towing and Storage Service Agreement. (A2100.0; Agr- 4710.A,
4714.A, 5707, 5710)
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Moved to: 1) Authorize the Mayor and City Clerk to execute agreements between the City
and California Coach, Tows R Russ, Archie's Towing, and South Side Towing effective
August 1, 2016, on behalf of the City; and 2) Approve accompanying Fee Schedule,
effective August 1, 2016.
8. REPORTS FROM CITY MANAGER
City Manager Otto reported that the City is on track for launching the new City website on
January 1, 2017.
9. LEGAL AFFAIRS — None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
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CITY COUNCIL MINUTES JULY 12, 2016
11. PUBLIC HEARINGS
11.1 Santiago Hills II Project. (The Irvine Company). (E1400.0)
Time set for a public hearing to consider the proposed Santiago Hills II Planned Project,
Zone Change No. 1281 -16, Tentative Tract Map Nos. 0038 -15, 0039 -15, 0040 -15, 0041-
15, 0042 -15 (Tract Map Nos. 17995, 17987, 17988, 17989, and 17990), Design Review
No. 4847 -16, and Development Agreement No. 0003.16.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers
Dan Miller, Irvine Company — spoke in support of the project; and upon staff's request
addressed the letter received from the City of Tustin.
Theresa Sears — spoke in support of the project.
Don Bradley— spoke in support of the project.
Tom Davidson — spoke in support of the project.
Laura Thomas, OPA — spoke in support of the project.
Ed Knight— spoke in support of the project.
THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10953
A Resolution of the City Council of the City of Orange approving and adopting an
Addendum to the previously- certified Supplemental Environmental Impact Report (SEIR)
1278 /Environmental Impact Report (EIR) 1716 in compliance with the California
Environmental Quality Act for the modified Santiago Hills II Project.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Moved to approve Resolution No. 10953.
ORDINANCE NO. 06-16 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1281-
16 amending the Santiago Hills Planned Community District Regulations.
MOTION — Smith
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy
ABSENT — Nichols
Moved that Ordinance No. 06 -16 be approved for First Reading and same was set for
Second Reading by the preceding vote.
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CITY COUNCIL MINUTES JULY 12, 2016
11. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 07 -16 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the Amended and
Restated Development Agreement for the Santiago Hills II Development Project.
MOTION
— Whitaker
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Moved that Ordinance No. 07 -16 be approved for First Reading and same was set for
Second Reading by the preceding vote.
RESOLUTION NO. 10954
A Resolution of the City Council of the City of Orange approving Design Review No. 4847-
16. Amended Runoff Management Plan (ROMP). Vesting Tentative Tract Map Nos.
17995, 17987, 17988, 17989 and 17990 for the modified Santiago Hills II Project generally
located east of Jamboree Road, West of State Route 241/261, South of Irvine Regional
Park and North of the Orange City Limit.
MOTION
— Alvarez
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Moved to approve Resolution No. 10954.
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CITY COUNCIL MINUTES JULY 12, 2016
11. PUBLIC HEARINGS (Continued)
11.2 Washington Hamlin Tract Project (Olson Company). (T4000.0)
Time set for a public hearing to consider the proposed Olson Company Project, Tentative
Tract Map No. 0037 -15 (TTM 17645), Major Site Plan Review No.0840 -15, and Design
Review No. 4831 -15 (south side of Washington Avenue, opposite its intersection with
Hamlin Street).
The applicant proposes to construct 37 new single story attached townhomes on a vacant
4.02 acre triangular- shaped parcel. The proposal also includes a comprehensive landscape
plan, private on -site recreational amenities, and a private street system. Approval of a
Tentative Tract Map, Major Site Plan Review, and Design Review are required for the
proposed project.
City Attorney Winthers noted that an amended resolution was included in the Council's
Late Agenda Items packet. Amended Resolution No. 10950 includes the addition of the
words "or waived" to condition number 25.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers
Doris Nguyen, The Olson Company — spoke in support of the project.
John Peekstin, applicant— spoke in support of the project.
Laura Thomas — spoke in support of project.
Cindy Rivas — spoke in support of project.
Amanda Sweeney — spoke in support of project.
Tom Davidson— spoke in support of project.
THE MAYOR CLOSED THE PUBLIC HEARING.
(AMENDED) RESOLUTION NO. 10950
A Resolution of the City Council of the City of Orange approving Tentative Tract Map No.
0037 -15, Major Site Plan Review No. 0840 -15, and Design Review No. 4831 -15 to allow
the Development of 37 new single story attached townhomes on a vacant 4.02 acre
triangular- shaped parcel located on the south side of Washington Avenue at Hamlin Street.
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Moved to approve amended Resolution No. 10950 with the addition of the words "or
waived" to condition number 25.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
JULY 12, 2016
11.3 Public Health Goals Report for Drinking Water Quality for the Years 2013, 2014, and
2015. (C2500.P)
Time set for a public hearing to receive the Public Health Goals Report for Years 2013,
2014, and 2015. The report explains, in plain language, information about the presence of
contaminants in the drinking water supply detected at levels above Public Health Goals
published by the State Office of Environmental Health Hazard Assessment during calendar
years 2013, 2014, and 2015.
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
In order to open the Public Hearing, Councilmember Whitaker withdrew his motion.
Mayor pro tem Murphy concurred and withdrew his second.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Moved to receive and file report.
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CITY COUNCIL MINUTES
11.
11.4
12.
PUBLIC HEARINGS (Continued)
JULY 12, 2016
Conduit Bond Financing for Triangle Terrace Apartments. (C2500.G.1.5)
NOTE: Mayor Smith recorded an abstention on Items 7.1, 7.2, and 11.4 due to a potential
conflict with her employer. She left the dais prior to Item 7.1 being heard.
Time set for a public hearing to consider the issuance by the California Statewide
Communities Development Authority of multifamily housing revenue bonds for the
Triangle Terrace Apartments.
Triangle Terrace Affordable, L.P. plans to acquire and rehabilitate the Triangle Terrace
Apartments. Proposed financing includes bond proceeds from multifamily housing
revenue bonds issued by the California Statewide Communities Development Authority.
MAYOR PRO TEM OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, MAYOR PRO TEM CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10955
A Resolution of the City Council of the City of Orange approving the issuance by the
California Statewide Communities Development Authority of multifamily housing
revenue bonds for the Triangle Terrace Apartments.
MOTION
— Whitaker
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Murphy
ABSENT (RECUSED) — Smith
ABSENT
-
Moved to approve Resolution No. 10955.
ADJOURNMENT — The City Council adjourned at 8:30 p.m.
The next Regular City Council Meeting will be held on Tuesday, August 9, 2016, at 6:00
p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
P
MA RPHY ,
ITY CLERK
TERESA E. SMITH
MAYOR
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