Council Minutes 11/10/15APPROVED BY CITY COUNCIL ON DECEMBER 8, 2015
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES NOVEMBER 10, 2015
The City Council of the City of Orange, California convened on November 10, 2015, at 5:00 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
5:00 P.M. SESSION
1. OPENING
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
5:00 p.m.
1.1 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
2. ORAL COMMUNICATIONS —None
3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:05
p.m. with all Members present.
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Laura Kalty, Special Counsel, Will Kolbow, Finance Director
and Lisa Kim, Economic Development Manager.
Employee Organizations: Orange Management Association, Orange Municipal
Employees' Association, Orange Maintenance and Crafts
Association, Water Division Employees' Association.
b. Conference with Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9(a):
Case: Jon Dumitru, et. al. v. City of Orange, Lemon Grove L.P.
Orange County Superior Court Case No.: 30- 2015- 00808005
C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9(a):
Case: Nardi v. City of Orange, et al.
Orange County Superior Court Case No.: 30- 2014 - 00749114
4. ADJOURN TO REGULAR MEETING — At 6:06 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, November 10, 2015, in the Council
Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
NOVEMBER 10, 2015
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:06 p.m.
1.1 INVOCATION
Given by City of Orange Public Works Administrative Manager Greg Warren.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Kimberlee Nichols.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Smith announced that the Community Foundation of Orange Field of Valor is open
through the evening of Veterans Day at Handy Park.
Mayor Smith announced that personalized bricks can be purchased from the Community
Services Department for placement at the Hart Park Bandshell.
Mayor Smith announced the City's annual Tree Lighting Ceremony and Candlelight Choir
Procession on December 6, 2015, at 3:30 p.m. with the tree lighting and musical program
starting at 5:15 p.m.
Mayor Smith introduced students in attendance from Orange Lutheran High School.
Mayor Smith announced the Veterans Day Tribute on November 11, 2015, at 2:00 pm. at
the Veterans Memorial at Depot Park.
Introduction of 2015 Miss Orange Contestants.
National Award Presentation: City of Orange Leadership Development Association.
Presentation by the Sons of Italy to the Orange Public Library.
Presentation of a Retirement Resolution for Yolanda Moreno, Library Services Director.
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CITY COUNCIL MINUTES
2. PUBLIC COMMENTS
NOVEMBER 10, 2015
Ursula Grabowska— urged the community to bring back Crystal Cathedral Ministry.
John Luster — spoke about the unsafe conditions of the unoccupied office building behind
the Chapman Medical Center and requested immediate condemnation and demolition of
the building.
Carole Walters — expressed concerns that the City may be losing quality non - safety
employees due to lack of salary increases.
Patrick Cadenhead— spoke about the increase in criminal activity taking place near the
Crazy 8 Motel on Katella Avenue.
Stacy Wood — urged the City of Orange to ban the commercial sale of cats and dogs.
Anne Wallace — spoke about the increase in the homeless and crime related activities at
Hart Park.
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 8, 15, 22, and 29, 2015.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of October 13, 2015, and the Special Meeting
of October 26, 2015. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Treasurer's Report for the Months of July, August, and September 2015. (C2500.F)
ACTION: Received and filed.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Award of a Consultant Services Agreement for design and construction services
required for the construction of a new tower antenna at the Water Plant
Headquarters site. (A2100.0 Agr -6277)
ACTION: Approved a consultant service agreement with Applied Technology Group,
Inc., in the amount of $38,100 for design and construction services required to construct a
new tower antenna at the Water Division Headquarters site and authorized the Mayor and
City Clerk to execute on behalf of the City.
3.6 First Amendment to Consultant Services Agreement with CSG Consultants, Inc., to
Provide Plan Review and Field Inspection Services for the Building Division of the
Community Development Department. (A2100.0 Agr- 3375.K.1)
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service contract with CSG Consultants, Inc., not to exceed an
additional $100,000, for a total contract amount of $130,000.
3.7 Agreement with Magnetic Electric, Inc., for Electrical Preventative Maintenance and
Repair of City Park Facilities for an amount not to exceed $75,000. (A2100.0 Agr -
5684.A)
ACTION: 1) Rejected the bid received from the apparent low bidder, Baker Electric, Inc.,
on the basis that the bid was not responsive; and 2) Approved the agreement between the
City of Orange and Magnetic Electric, Inc., in the amount of $75,000 and authorized the
Mayor and City Clerk to execute the necessary documents on behalf of the City.
3.8 Award of Consultant Services Agreement to Joseph C. Truxaw and Associates for
Engineering Design Services for the Tustin/Meats Intersection Right Turn Lane
Project (SP- 3892). (A2100.0 Agr -6278)
ACTION: Awarded the contract in the amount of $97,105 to Joseph C. Truxaw and
Associates and authorized the Mayor and City Clerk to execute on behalf of the City.
3.9 Second Amendment to Attorney Services Agreement with the Law Firm Liebert
Cassidy Whitmore to provide an additional $80,000 for Labor Negotiations for a total
amount not to exceed $160,000. (A2100.0 Agr- 6025.A.2)
ACTION: Approved and authorized the Mayor and City Clerk to execute the Second
Amendment to Attorney Services Agreement with Liebert Cassidy Whitmore.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.10 Appropriation of FY 2015 -16 Board of State and Community Corrections (BSCC)
Local Assistance Funding for future purchases. (C2500.K)
ACTION: 1) Accepted into the City's revenue budget a $39,641.25 grant from BSCC
Local Assistance Funding, into revenue account 100.4031.45290.20233, FY16 BSCC
Local Assistance Funding; and 2) Authorized the appropriation of $39,641.25 into
expenditure account number 100.4011.55131.20233, Administration Equipment -2016
BSCC.
BIDS
3.11 Bid No. 156 -21; Annual Concrete Replacement at Various Locations, Fiscal Year
2015 -16. Approval of plans and specifications and authorization to advertise for bids.
(S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Concrete Replacement at Various Locations, FY 2015 -16 Project.
3.12 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.
(1) Deny the following Application to Present a Late Claim:
a. Carl's Jr. Restaurants, LLC
(2) Deny the following Claim for damages:
a. Steven Shores
b. Jorge Nolasco
c. Jason Gardner
d. Edgar E. Martinez
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
NOVEMBER 10, 2015
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.13 Final Acceptance of Bid No. 145 -40; ADA Required Plaza Accessibility
Improvements Project performed by El Camino Construction & Engineering
Corporation; and authorization to file the Notice of Completion with the County
Recorder. (No staff report required.) (A2100.0 Agr -6217)
ACTION: Accepted public work improvements, authorized release of American
Contractors Indemnity Company, Bond No. 1001036911 in the amount of $29,300.00 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. 145 -02, W -671; 2014 -15 Annual Pipeline Renewal Project
performed by Big Ben Inc.; and authorization to file the Notice of Completion with
the County Recorder. (No staff report required.) (A2100.0 Agr -6209)
ACTION: Accepted public work improvements, authorized release of The Ohio Casualty
Insurance Company of New Hampshire, Bond No. 024046705 in the amount of
$1,865,385.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
PURCHASES
(ITEM REMOVED AND HEARD SEPARATELY)
3.15 Purchase of one Police Service Dog for the Police Department's Canine Program from
Adlerhorst International, Inc. (C2500.K)
Mayor Smith recognized B.P.O. Elks Lodge No. 1475 for their donation.
MOTION — Smith
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to: 1) Accept into the City's revenue budget a $5,000 donation from B.P.O. Elks
Lodge No.1475 into revenue account number 100.4021.48390.12307, General Fund -
Canine Donations; 2) Authorize the appropriation of $5,000 into expenditure account
number 100.4021.55510.12307, General Fund -Other Capital Outlay -Canine Donations;
and 3) Authorize the appropriation of $5,618 from Federal Asset Forfeiture unreserved
fund balance to expenditure account number 355.4021.55510.12307, Federal Asset
Forfeiture -Other Capital Outlay -Canine Donations.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
3. CONSENT CALENDAR (Continued)
(ITEM REMOVED AND HEARD SEPARATELY)
3.16 Purchase of Fourteen Public Safety Vehicles for Orange Police Department.
(C2500.K)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict based on
employment and left the dais at 7:06 p.m. He returned to the dais at 7:07 p.m. after Item
3.16 was heard.
Mayor Smith commended City staff for being able to make this purchase within the City
of Orange.
MOTION — Whitaker
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Nichols
ABSENT (ABSTAIN) — Murphy
Moved to: 1) Authorize the purchase of seven Police Patrol Vehicles, two Detective
Vehicles and two Compact Utility Vehicles for the Traffic Division from Ford of Orange
of Orange, CA in the amount of $362,878.50; 2) Award the contract for building /outfitting
of nine of the above Police Patrol and Detective Vehicles to Hi Standard of Orange, CA in
the amount of $95,586.21; 3) Authorize the purchase of three 2015 BMW Pursuit
Motorcycles for the Police Traffic Division from Iry Seaver Motorcycles of Orange, CA
in the amount of $79,841.85; and 4) Authorize the City Manager to surplus the replaced
vehicles. Total expenditure for fourteen Police Vehicles /Motorcycles and required
outfitting is $538,306.56.
RESOLUTIONS
3.17 RESOLUTION NO. 10893 (C2500.J.4.7)
A Resolution of the City Council of the City of Orange relating to the Classification,
Compensation, and Terms of Employment for Part -Time and Seasonal Employees of the
City of Orange Effective July 1, 2015, through and including June 30, 2017, and repealing
Resolution No. 10786 and Amendments thereto, for said Employees.
ACTION: Approved.
3.18 RESOLUTION NO. 10894 (S4000.S.4)
A Resolution of the City Council of the City of Orange Summarily Vacating the Public
Service Easement (Slope Easement) along Westerly side of The City Drive, between the
22 Freeway and Park Central Avenue which is no longer needed by the City.
ACTION: Approved.
3.19 RESOLUTION NO. 10897 (C2500.J.4.2.1)
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding between the City of Orange and the City of Orange Police Management
Association Effective July 1, 2015, to June 30, 2017.
ACTION: Approved.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 10898 (C2500.J)
A Resolution of the City Council of the City of Orange concerning the Fiscal Year Ended
June 30, 2015, Measure M2 Expenditure Report for the City of Orange.
ACTION: Approved.
3.21 RESOLUTION NO. 10899 (C2500.J.4)
A Resolution of the City Council of the City of Orange Regarding the 2015 Christmas
Holiday Closure.
ACTION: Approved.
3.22 RESOLUTION NO. 10900 (C2500.J.4.3.1)
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding between the City of Orange and the City of Orange Fire Management
Association Effective July 1, 2015, to June 30, 2017.
ACTION: Approved.
3.23 RESOLUTION NO. 10901 (T2200.0)
A Resolution of the City Council of the City of Orange Approving the Submittal of
Transportation Improvement Projects to the Orange County Transportation Authority
(OCTA) for Funding Under the Renewed Measure M (M2) of the Comprehensive
Transportation Funding Program.
ACTION: 1) Approved Resolution No. 10901, and authorized the Mayor to execute on
behalf of the City; and 2) Approved the submittal of one proposed transportation
improvement project to the Comprehensive Transportation Funding Program for Fiscal
Years 2015/16 through 2016/17 as administered by OCTA.
3.24 RESOLUTION NO. 10902 (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.
3.25 RESOLUTION NO. 10904 (C2500.J.4.6)
A Resolution of the City Council of the City of Orange Relating to the Classification,
Compensation, and Terms of Employment of Executive Directors and Top Management
Employees, and Repealing Resolution No. 10760 and Amendments Thereto.
ACTION: Approved.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
3. CONSENT CALENDAR (Continued)
(ITEM REMOVED AND HEARD SEPARATELY)
3.26 RESOLUTION NO. 10906 (C2500.I)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Yolanda Moreno, Library Services Director and Commending her for Nearly Thirty -Eight
Years of Loyal and Dedicated Service to the City of Orange.
NOTE: Item 3.26 was removed from the Consent Calendar and approved during
Presentations.
MOTION
— Smith
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution 10906.
3.27 RESOLUTION NO. 10909 (C2500.J.4.3)
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding between the City of Orange and the Orange City Firefighters, Inc. Local
2384 of the International Association of Fire Fighters, AFL -CIO Effective July 1, 2015, to
June 30, 2017.
ACTION: Approved.
MOTION — Murphy
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Mayor pro tem Murphy recorded an abstention on Item 3.16. Items 3.15 and 3.16 were
removed from the Consent Calendar and heard separately. Item 3.26 was removed from
the Consent Calendar and approved during Presentations. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
4. REPORTS FROM MAYOR SMITH
NOVEMBER 10, 2015
4.1 Establishment of an ad hoc committee for the proposed Trails at Santiago Creek
Project.
Mayor Smith discussed establishing a community ad hoc committee to discuss and
deliberate over possible uses and handling of a 150 acre area in East Orange (commonly
known as the Sully Miller site). The committee, which is proposed to be named "Trails at
Santiago Creek Project," would consist of two Council Members and residents of the area.
Mayor Smith nominated Mayor pro tem Murphy and Councilmember Nichols to serve on
the ad hoc committee representing City Council.
MOTION — Smith
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to designate Mayor pro tem Murphy and Councilmember Nichols to the newly
established Trails at Santiago Creek Project ad hoc committee.
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept the Resignation of Joyce Monsees from the Orange Public Library Board of
Trustees, Effective December 1, 2015; Post Vacancy Notice Pursuant to the Maddy
Act.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to accept the resignation of Joyce Monsees from the Orange Public Library Board
of Trustees, effective December 1, 2015, and post the Notice of Vacancy pursuant to the
Maddy Act.
7. ADMINISTRATIVE REPORTS — None
8. REPORTS FROM CITY MANAGER
City Manager Rick Otto updated Council on the Metrolink Parking Project. The State of
California Historic Preservation Office has approved the City's environmental documents
allowing the process to continue to the Planning Commission for review in December.
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CITY COUNCIL MINUTES
9. LEGAL AFFAIRS — None
NOVEMBER 10, 2015
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
RECESS: The City Council took a ten minute recess at 7:12 p.m. and reconvened at 7:22
p.m. with all members present.
11. PUBLIC HEARINGS
11.1 Zone Change No. 1276-14 —Industrial General Plan Land Use Focus Area (Continued
from October 13, 2015.) (Z1500.0)
Time set for a public hearing to consider approval of Zone Change No. 1276 -14 to rezone
properties in the Industrial 2010 General Plan Land Use Focus Area, generally located west
of Glassell Street and Orange -Olive Road, south of Fletcher Avenue, east of the Santa Ana
River, and northwest of the intersection of Glassell Street and Walnut Avenue.
Mayor Smith announced that the item had been broken up into five areas with five separate
ordinances. Each ordinance will be heard separately to allow for any recusals.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
1) ORDINANCE NO. 05 -15(A) (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 -
14(A) rezoning properties in the Industrial 2010 General Plan Land Use Focus Area located
at 546 North Batavia Street to Multiple Family Residential to establish consistency
between the Medium Density Residential General Plan Land Use designation and Zoning
classification in accordance with State law.
Zone Change No. 1276 -14(A)
Applicant: City of Orange
MOTION
— Whitaker
SECOND
— Nichols
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to find that the proposed zoning change is within the scope of the previously -
approved 2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09;
and find that the Program EIR adequately describes the zoning changes for purposes of
CEQA and no new environmental documents are required; and that Ordinance No. 05-
15(A) be read by title only and same was set for second reading by the preceding vote.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
11. PUBLIC HEARINGS (Continued)
NOTE: Mayor Smith and Councilmember Whitaker recorded an abstention due to a
potential conflict of interest due to employment and left the dais at 7:38 p.m.
Mayor pro tem Murphy conducted the meeting for the discussion of Area B.
Acting Assistant Community Development Director Anna Pehoushek presented the staff
report. She stated that there will be properties in this area that will become legal non-
conforming with the new zone change.
MAYOR PRO TEM OPENED THE PUBLIC HEARING.
Public Speaker
Tom Schellenberg — spoke in opposition to a zone change in this area.
MAYOR PRO TEM CLOSED THE PUBLIC HEARING.
Discussion
Council discussed how creating legal non - conforming properties in this area could cause
insecurities and could even be a hindrance to property owners in the future. Councilman
Alvarez also pointed out the difficulties in rezoning the northeast corner of Taft and
Glassell. Council discussed keeping the zoning as is to reflect what is already there.
2) ORDINANCE NO. 05-15(B) (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276-
14(8) rezoning properties in the Industrial 2010 General Plan Land Use Focus Area located
at the northeast and southeast corners of Taft Avenue and Glassell Street /Orange -Olive
Road to Multiple Family Residential to establish consistency between the Medium Density
Residential General Plan Land Use designation and Zoning classification in accordance
with State law.
Zone Change No. 1276 -14(B)
Applicant: City of Orange
MOTION — Murphy
SECOND — Alvarez
AYES — Alvarez, Murphy, Nichols
ABSENT (ABSTAIN) — Whitaker, Smith
Moved to deny the recommended action to find that the proposed zoning change is within
the scope of the previously- approved 2010 General Plan, which was evaluated in certified
Program EIR No. 1815 -09; and that the Program EIR adequately describes the zoning
changes for purposes of CEQA and no new environmental documents are required; and
moved to deny approval of the First Reading of Ordinance No. 05- 15(B).
NOTE: Mayor Smith and Councilmember Whitaker returned to the dais at 7:52 p.m.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
11. PUBLIC HEARINGS (Continued)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest
and left the dais at 7:52 p.m.
Acting Assistant Community Development Director Anna Pehoushek presented the staff
report. In response to Council's questions, Ms. Pehoushek stated that parcels in this area
would also become legal non - conforming with the zone change; but did not have an
accurate number of how many parcels that would be.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers
Vonda Barela — spoke in opposition to a zone change in this area.
Fred Barela — spoke in opposition to a zone change in this area.
THE MAYOR CLOSED THE PUBLIC HEARING.
Discussion
Council discussed the locations of the legal non - conforming parcels and the allowable uses
under the proposed zone change. Council discussed the suggestion to amend the General
Plan at a later date rather than approve a zone change in this area.
3) ORDINANCE NO. 05-15(C) (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 -
14(C) rezoning properties in the portion of the Industrial 2010 General Plan Land Use
Focus Area generally located north of Katella Avenue to Light Manufacturing and
Recreational Open Space to establish consistency between the Light Industrial and Open
Space General Plan Land Use designations and Zoning classification in accordance with
State law.
Zone Change No. 1276 -14(C)
Applicant: City of Orange
MOTION — Murphy
SECOND — Whitaker
AYES — Whitaker, Smith, Murphy, Nichols
ABSENT (ABSTAIN) — Alvarez
Moved to deny the recommended action that the proposed zoning change is within the
scope of the previously- approved 2010 General Plan, which was evaluated in certified
Program EIR No. 1815 -09; and that the Program EIR adequately describes the zoning
changes for purposes of CEQA and no new environmental documents are required; and
moved to deny approval of the First Reading of Ordinance No. 05- 15(C).
NOTE: Councilmember Alvarez returned to the dais at 8:17 p.m.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
11. PUBLIC HEARINGS (Continued)
NOTE: Mayor pro tem Murphy recorded an abstention based on employment and left the
dais at 8:17 p.m.
Acting Assistant Community Development Director Anna Pehoushek presented the staff
report. In response to Council's questions, Ms. Pehoushek clarified the difference between
M -1 and M -2 zoning. She stated that parcels in this area would also become legal non-
conforming with the zone change; however, again, she did not have an accurate number of
how many parcels that would be.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
Entered into the record
Councilmember Alvarez distributed an email he received from two people that have many
years of experience in commercial real estate. They state that the M -2 zoning within the
City makes Orange desirable to many businesses.
4) ORDINANCE NO. 05-15(D) (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 -
14(D) rezoning properties in the portion of the Industrial 2010 General Plan Land Use
Focus Area generally located south of the Collins Channel and east of Main Street to Light
Manufacturing to establish consistency between the Light Industrial General Plan Land
Use Designations and Zoning classification in accordance with State law.
Zone Change No. 1276 -14(D)
Applicant: City of Orange
MOTION — Alvarez
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Nichols
ABSENT (ABSTAIN) — Murphy
Moved to deny the recommended action that the proposed zoning change is within the
scope of the previously- approved 2010 General Plan, which was evaluated in certified
Program EIR No. 1815 -09; and that the Program EIR adequately describes the zoning
changes for purposes of CEQA and no new environmental documents are required; and
moved to deny approval of the First Reading of Ordinance No. 05- 15(D).
NOTE: Mayor pro tem Murphy returned to the dais at 8:33 p.m.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
11. PUBLIC HEARINGS (Continued)
AREA E
NOTE: Councilmember Whitaker recorded an abstention due to a nearby property interest
and left the dais at 8:34 p.m.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
Discussion
Council discussed that this area was much like the preceding three areas. Staff was directed
to bring back General Plan Amendments reflecting Council's action at tonight's meeting.
5) ORDINANCE NO. 05-15(E) (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 -
14(E) rezoning properties in the portion of the Industrial 2010 General Plan Land Use
Focus Area generally located south of the Collins Channel and west of Main Street to Light
Manufacturing to establish consistency between the Light Industrial General Plan Land
Use Designations and Zoning classification in accordance with State law.
Zone Change No. 1276 -14(E)
Applicant: City of Orange
MOTION — Murphy
SECOND — Smith
AYES — Alvarez, Smith, Murphy, Nichols
ABSENT (ABSTAIN) — Whitaker
Moved to deny the recommended action that the proposed zoning change is within the
scope of the previously- approved 2010 General Plan, which was evaluated in certified
Program EIR No. 1815 -09; and that the Program EIR adequately describes the zoning
changes for purposes of CEQA and no new environmental documents are required; and
moved to deny approval of the First Reading of Ordinance No. 05- 15(E).
NOTE: Councilmember Whitaker returned to the dais at 8:40 p.m.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
NOVEMBER 10, 2015
11.2 Residential Accessory Structure Setbacks Ordinance (A2500.0)
Time set for a public hearing to consider a proposed ordinance amending Title 17 of the
Orange Municipal Code to clarify City standards for residential accessory structure
setbacks.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
1) Find the Ordinance categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305.
2) ORDINANCE NO. 04-15 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code to Clarify City Standards for Residential Accessory Structure Setbacks.
MOTION — Murphy
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to find the Ordinance categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305; and that
Ordinance 04 -15 be read by title only and same was set for second reading by the preceding
vote.
RECESS: The City Council took a ten minute recess at 8:43 p.m. and reconvened at 8:53
p.m. with all members present.
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
11. PUBLIC HEARINGS (Continued)
11.3 Orange -Olive Residential Project (MBK Homes) (Z1500.0)
Time set for a public hearing to consider the proposed Orange -Olive Residential Project to
develop a 2.33 -acre site (currently used for recreational vehicle storage) with 25 detached
single family residential condominium units located at 2025 Orange -Olive Road.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers
Karen Alves, applicant — spoke in support of the project and answered Council's questions
regarding parking and setbacks.
Dan Graupensberger — requested that screening trees be used as privacy measures and be
included in the conditions of approval, and spoke on long term parking requirements.
THE MAYOR CLOSED THE PUBLIC HEARING.
Discussion
Council discussed designating a specific size and placement for the trees being used in the
conditions of approval, and requiring the homeowner to replace the trees if they should die;
and possible long term issues with parking requirements.
The applicant agreed to larger plantings, and noted that parking is addressed in the CC &Rs
and through Homeowner association enforcement.
1) RESOLUTION NO. 10907
A Resolution of the City Council of the City of Orange approving and adopting Mitigated
Negative Declaration No. 1837 -14 including a Mitigation Monitoring Program, in
compliance with the California Environmental Quality Act (CEQA).
2) ORDINANCE NO. 09-15 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change 1274 -14
changing project site zoning from Limited Business (C -1) to Residential Multifamily -
Specific Plan (R -3 (SP)) and approving the associated Orange -Olive Residential Specific
Plan.
Zone Change No. 1274 -14
Applicant: MBK Homes
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CITY COUNCIL MINUTES NOVEMBER 10, 2015
11. PUBLIC HEARINGS (Continued)
3) RESOLUTION NO. 10908
A Resolution of the City Council of the City of Orange approving Tentative Tract Map No.
17758, Major Site Plan Review No. 0797 -14 and Design Review No. 4776 -14 for the
Orange -Olive Residential Project.
MOTION
— Whitaker
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10907; that Ordinance 09 -15 be read by title only and
same was set for second reading by the preceding vote; and to approve amended Resolution
No. 10908 with the added condition that 24 foot box trees be used as privacy screens and
requiring the homeowner to replace the trees if they should die.
11.4 Washington Hamlin Tract (Olson Co.) (T4000.0)
Time set for a public hearing to consider the proposed Washington Hamlin Tract Project,
Tentative Tract Map No. 0036 -15 (17645), Washington Hamlin Tract (The Olson
Company), South of the East Washington Avenue and South Hamlin Street Intersection.
Senior Planner Chad Ortlieb presented the staff report. The Planning Commission
recommends denial of approval of Tentative Map 0036 -15. In response to Mayor Smith's
question, Mr. Ortlieb provided a definition and requirements of a Tract Map.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers:
Doris Nguyen, applicant — spoke in support of the project and requested approval of the
Tentative Map.
Cindy Rivas — spoke in support of The Olson Company and approval of the Tentative Map.
The following spoke in support of approving the Resolution denying approval of the
Tentative Map: Kimberly Johnson, Tom Davidson, Debra Foster, Carmen Taufik, Roy
Spencer, and Ruben Garnica (not available to speak).
The following submitted cards in support of the Olson Company and approval of the
Tentative Map but did not wish to speak: Daniel Spear, Bill Masters, and Amanda
Gruchalle.
John Reekstin, applicant — spoke in support of the Olson Company.
THE MAYOR CLOSED THE PUBLIC HEARING.
RECESS: The City Council took a short recess at 10:29 p.m. and reconvened at 10:32 p.m.
with all members present.
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CITY COUNCIL MINUTES
11.
12.
PUBLIC HEARINGS (Continued)
NOVEMBER 10, 2015
Discussion
Council discussed the lack of specifics on the tract map and how this approach is causing
divisiveness within the community. Mayor pro Tern Murphy and Councilmembers
Alvarez and Nichols stated their concerns with approving a map that doesn't show a
specific development and bringing in a piecemeal approach.
Mayor Smith and Councilmember Whitaker suggested that although there are no specifics,
the Tract Map was consistent with the General Plan, and any proposed project on this site
can still come to Council for final approval.
RESOLUTION NO. 10895
A Resolution of the City Council of the City of Orange denying Tentative Tract No. 0036-
15 (17645) for residential condominium proposes on triangularly- shaped property located
north of the southeasterly terminus of Washington Avenue and Hamlin Street.
MOTION
— Murphy
SECOND
— Alvarez
AYES
— Alvarez, Murphy, Nichols
NOES
— Whitaker, Smith
Moved to approve Resolution No. 10895 denying approval of Tentative Tract No. 0036-
15 (17645).
ADJOURNMENT — The City Council adjourned at 10:50 p.m.
The next Regular City Council Meeting will be held on Tuesday, December 8, 2015, at
6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
MURPHY
CITY CLERK
TERESA E. SMITH
MAYOR
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