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Council Minutes 10/13/15 APPROVED BY THE CITY COUNCIL ON NOVEMBER 10, 2015 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES OCTOBER 13, 2015 The City Council of the City of Orange, California convened on October 13, 2015, 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. ROLL CALL PRESENT —Alvarez, Whitaker, Smith, Murphy,Nichols ABSENT —None 2. ORAL COMMUNICATIONS —None 3. EMPLOYEE RECOGNITION Recognition of Employee Service. 4. RECESS — The City Council recessed at 4:57 p.m. to the Closed Session. The next Regular City Council Meeting will be held on Tuesday, October 13, 2015, at 6:00 p.m. in the Council Chamber. CITY COUNCIL MINUTES OCTOBER 13, 2015 S:OO P.M. SESSION 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 5:00 p.m. with all Members present. a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Proposed 2015 City Hall Holiday Closure: City Negotiators: Human Resources/Employee Relations Director Steven Pham Employee Organizations: All Bargaining Units b. 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: All bargaining groups. 4. ADJOURN TO REGULAR MEETING —At 6:12 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, October 13, 2015, in the Council Chamber. PAGE 2 CITY COUNCIL MINUTES OCTOBER 13, 2015 6:00 P.M. SESSION l. OPENING 1.1 INVOCATION Given by Pastor Carl Friedrich from Praise Chapel. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Mark A. Murphy. 1.3 ROLL CALL PRESENT —Alvarez, Whitaker, Murphy, Nichols ABSENT —Smith 1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS Presentation by the Friends of the Library to the Orange Public Library Presentation honoring the South Sunrise Little League championship Presentation by the Community Foundation of Orange for the Orange Field of Valor event Proclamation recognizing Childhood Lead Poisoning Prevention Week Memorial Adjournment for Marilyn Jensen, former Orange City Clerk Mayor pro tem Murphy announced programs taking place at the Orange Public Library this Fall; the annual Treats in the Streets Autumn Festival is on Thursday, October 29, 2015 from 4—7 p.m. in the Old Towne Orange Plaza area; and the Veterans Day Tribute will be on Wednesday,November 11, 2015, at 2:00 p.m. at the Veterans Memorial at Depot Park. 2. PUBLIC COMMENTS Dustin Reilich—discussed the benefits of the HERO program. Sandra Po — encouraged Council to consider making the HERO program available to homeowners in Orange. Kimberly Bottomley — spoke regarding the sale of the former Killefer schoolhouse and housing options for Chapman University students. Carlos Loaiza—encouraged Council to consider making the HERO program available to homeowners in Orange. PAGE 3 CITY COUNCIL MINUTES OCTOBER 13, 2015 2. PUBLIC COMMENTS (Continued) Matthew Cunningham — spoke in opposition of the homeless shelter proposed in the City of Anaheim. Jack Carlisle — spoke in opposition of the homeless shelter proposed in the City of Anaheim. 3.A 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 September 3, 10, 17,24,and October 1,2015. ACTION: Approved. 3.2 City Council Minutes,Regular Meeting of September 8,2015,and Special Meeting of September 23,2015. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Agreement between the City of Orange and VCI Event Technology, Inc. (VCI), to provide audio, lighting, staging, and electrical services at the 2015 Tree Lighting Ceremony and Candlelight Choir Procession and the 2016 Third of July Celebration for an amount not to exceed $52,799.02. (A2100.0 Agr-6268) ACTION: 1)Approved the agreement between the City of Orange and VCI in the amount of$52,799.02 for FY 15-16; and 2) Authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Agreement with Merchants Building Maintenance Company, LLC, for Custodial Services for a 90-day period for an amount not to exceed $59,760.36. (A2100.0 Agr- 6267.A) ACTION: 1)Approved the agreement between the City of Orange and Merchants Building Maintenance Company, LLC; and 2) Authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 4 CITY COUNCIL MINUTES OCTOBER 13, 2015 3. CONSENT CALENDAR(Continued) 3.6 Fourth Amendment to Agreement with Nieves Landscape, Inc. for landscape maintenance services for the Santiago Hills Landscape Assessment District to increase the amount for FY 15-16 from $290,628.00 to $370,928.00. (A2100.0 Agr- 5885.4) NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a nearby property interest. ACTION: 1) Approved the Fourth Amendment to Agreement 5885 with Nieves Landscape, Inc.; and 2) Authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Lease Agreement with Orange Meadows Apartments,LLC to ground lease a portion of Unimproved City Property Adjacent to the Collins Channel, located east of Highland Street. (A2100.0 Agr-6269) ACTION: 1) Approved Lease Agreement between the City of Orange and Orange Meadows Apartments, LLC; and 2) Authorized the Mayor and City Clerk to execute on behalf of the City. 3.8 Authorize purchase of Radio Frequency Identification (RFID)self-service equipment and security gates for the Orange Public Library & History Center (Main Library) from Bibliotheca. (A2100.0 Agr-6270) ACTION: 1) Authorized a sole source purchase of self-check units, security gates and RFID tags from Bibliotheca for an amount not to exceed$150,387 and authorize Mayor to execute the Agreement on behalf of the City; and 2) Authorized the appropriation of $37,907 from the Library Facility Fee (573) unreserved fund balance to expenditure account number 573.2004.56032.20240—RFID Replacement. 3.9 Amendment No. 1 to Cooperative Agreement No. C-9-0901 between the Successor Agency to the Orange Redevelopment Agency(Successor Agency),the City of Orange (City) and the Orange County Transportation Authority (OCTA) for expansion of parking capacity at the Orange Santa Fe Depot. (A2100.0 Agr-5542.1) NOTE: Councilmember Alvarez recorded an abstention due to a potential conflict with a nearby property interest. (See related Consent Calendar Item No. 3.25) ACTION: Authorized the City Manager to approve and execute an Amendment No. 1 to Cooperative Agreement No. C-9-0901 substantially in the form presented, and to administer the City's obligations, responsibilities and duties to be performed under the Amendment No. 1. PAGE 5 CITY COUNCIL MINUTES OCTOBER 13, 2015 3. CONSENT CALENDAR(Continued) APPROPRIATIONS 3.10 Appropriation of Donation from the Friends of the Orange Public Library (FOPL) of$30,450. (C2500.I) ACTION: 1)Accepted into the City's revenue budget a$30,450 donation from FOPL, into revenue account number 100.2001.48390.19990 (Library Friends Donations); and 2) Authorized the appropriation of$30,450 into the following expenditure accounts: 100.2001.53011.19990 - FOPL (Employee Recognition Program) $1,500.00 100.2001.53301.19990 - FOPL (Book Budget) $15,700.00 100.2004.51423.19990 - FOPL (Maintenance & Equipment) $700.00 100.2004.53913.19990 - FOPL (Computer Software) $7,300.00 100.2016.51670.19990—FOPL (Other Professional & Consulting) $3,000.00 100.2016.53340.19990 - FOPL (Craft supplies-Adult) $750.00 100.2017.53340.19990 - FOPL (Craft supplies-Children& Teen) $1,500.00 $30,450.00 3.11 Adjustment of FY 15-16 budget for Landscape Maintenance District (LMD) 15-1 (Fund 291). (L1200.0) NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a nearby property interest. ACTION: 1) Increased the revenue appropriation in Revenue Account 291.0000.40360.00000 by $328,108 as a result of the assessment from LMD 15-1; 2) Increased the revenue appropriation in Revenue Account 291.7026.48230.00000 by $22,516 as a result of an increased reimbursement by Santiago Canyon College; and 3) Authorized an appropriation of $316,282 from Revenue Account 291.0000.40360.00000 and $22,516.00 from Revenue Account 291.7026.48230.00000, for a total appropriation of$338,798 to the following expenditure accounts: 291.7026.51200.00000 (Water) $8,531 291.7026.51231.00000 (Electricity) $2,300 291.7026.51431.00000 (Landscape Maintenance) $148,387 291.7026.51700.00000 (Contractual Services) $61,198 291.7026.53410.00000 (Operating Supplies) $3,382 291.7024.56015.20255 (Santiago Hills LAD—General Renovations) $115,000 $338,798 BIDS 3.12 Bid No. 156-15; Approval of plans and specifications, and authorization to advertise for bids for construction of Taft Library and Fire Station #3 Fiber Optic Cable Installation Project. (54000.0.3.2) ACTION: Approved plans and specifications and authorized advertising for bids for the Taft Library and Fire Station#3 Fiber Optic Cable Installation Project. PAGE 6 CITY COUNCIL MINUTES OCTOBER 13, 2015 3. CONSENT CALENDAR(Continued) 3.13 Bid No. 156-16; Approval of plans and specifications, and authorization to advertise for bids for construction of Lincoln Avenue Sidewalk Project. (54000.5.3.2) ACTION: Approved plans and specifications and authorized advertising for bids for Lincoln Avenue Sidewalk Project. 3.14 Bid No. 156-13; Approval of plans and specifications and authorization to advertise for bids for Emergency Generator for Carver Pump Station (W-674). (C2500.P.3) ACTION: Approved plans and specifications and authorized advertising for bids for the Emergency Generator for Carver Pump Station. 3.15 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. Jorge Nolasco b. Eddie Lee Anderson ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 316 Final Acceptance of Bid No. 145-32; Concrete Street Rehabilitation at Various Locations,FY 2014-2015 performed by CLS Constructors,Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr-6211) ACTION: Accepted public work improvements, authorized release of Arch Insurance Company of Missouri Bond No. SU1131727 in the amount of $576,500.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.17 Final Acceptance of Bid No. 134-09, W-664; Construction of the New Marywood Pump Station performed by SCW Contracting Corporation; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr-6072) ACTION: Accepted public work improvements, authorized release of Liberty Mutual Insurance Company of Massachusetts Bond No. 024044746 in the amount of $2,390,235.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 7 CITY COUNCIL MINUTES OCTOBER 13, 2015 3. CONSENT CALENDAR(Continued) GRANTS 3.18 Fiscal Year 2015-2016 (FY16) Mid-Year CIP Amendment for addition of a Bio Clean Hydrodynamic Separator Unit and Connector Pipe Screens. (C2500.J.1.1) ACTION: 1) Accepted into the City's revenue budget a$150,000 grant from OCTA, into revenue account number 550.5022.45495.30078, Capital Projects — Grant Revenue; 2) Authorized the appropriation of $150,000 into expenditure account number 550.5022.56330.30078, Capital Projects —Installation of Bio Clean Unit on Collins Ave.; 3)Authorized the appropriation of$50,000 from the Sanitation and Sewer unreserved fund balance to expenditure account number 220.5022.56330.30078, Sanitation and Sewer — Installation of Bio Clean Unit on Collins Ave.; and 4)Authorized amendment of the FY16 CIP to include Collins Avenue Bio Clean Unit and Connector Pipe Screens Installation Project. 3.19 FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) for the purchase of Mobile Phone Forensic Hardware and Software. (A2100.0 Agr-4654..n ACTION: 1) Authorized the City Manager or his designee to execute the agreement between the City and the County of Orange for $11,317 in FY 2015 JAG funds, including the allocation to the County; 2) Accepted into the City's revenue budget $10,299 from the County of Orange into revenue account number 353.4011.45150.30008, Federal Grants- 2015 JAG; 3)Appropriated$10,299 from account 353.4011.45150.30008,Federal Grants- 2015 JAG, to account 353.4031.55131.30008, Federal Grants-Equipment-2015 JAG, for the purchase of mobile phone forensic hardware and software; and 4) Authorized the purchase of mobile phone forensic hardware and software from Cellebrite, Inc. in the amount of $14,847 (note that existing funds are available in account 356.4011.55131.30008 State Asset Forfeiture-2015 JAG to cover the remaining $4,548). PERMITS 3.20 A Special Events Permit with St. John's Lutheran Church for their Rededication Service on Saturday, November 14,2015. (P1300.0.9) NOTE: Councilmember Whitaker recorded an abstention due to a potential conflict of interest as he is on the Leadership of the Endowment and Development Committee of St. John's restoration. ACTION: Authorized the closure of Center Street from Chapman Avenue to Almond Avenue, pursuant to the requirements of Section 12.58.015 of the OMC. PAGE 8 CITY COUNCIL MINUTES OCTOBER 13, 2015 3. CONSENT CALENDAR(Continued) RESOLUTIONS 3.21 RESOLUTION NO. 10887 (54000.5.4) A Resolution of the City Council of the City of Orange summarily vacating alley easement east of Highland Street and North of Collins Channel as no longer needed by the public for street purposes and ordering the vacation thereof and reserving all public utility easements. ACTION: Approved. 3.22 RESOLUTION NO. 10888 (C2500.J.4.2) 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 Association effective July 1, 2015,through June 30, 2017. ACTION: Approved. 3.23 RESOLUTION NO. 10891 (A2100.0 Agr-6271) A Resolution of the City Council of the City of Orange authorizing the Execution of a Master Agreement and Program Supplements for State-Funded Transit Projects. ACTION: Approved. 3.24 RESOLUTION NO. 10892 (A3100.0) A Resolution of the City Council of the City of Orange agreeing to a redistribution of property tax revenue due to the reorganization of 395 square feet of property located at 2300 South Lewis Street and 2237 South Manchester Avenue from the City of Orange to the City of Anaheim pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. ACTION: Approved. PAGE 9 CITY COUNCIL MINUTES OCTOBER 13, 2015 3. CONSENT CALENDAR(Continued) 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.25 Amendment No. 1 to Cooperative Agreement No. C-9-0901 between the Successor Agency to the Orange Redevelopment Agency(Successor Agency),the City of Orange (City) and the Orange County Transportation Authority (OCTA) for expansion of parking capacity at the Orange Santa Fe Depot. (RA2100.0 Agr-5542.1) NOTE: Councilmember Alvarez recorded an abstention due to a potential conflict with a nearby property interest. (See related Consent Calendar Item No. 3.9) ACTION: Authorized the Executive Director to approve and execute an Amendment No. 1 to Cooperative Agreement No. C-9-0901 substantially in the form presented, and to administer the Successor Agency's obligations,responsibilities and duties to be performed under the Amendment No. 1. 3.26 First Amendment to Consultant Services Agreement between the Successor Agency and LPA, Inc. to incorporate the revised scope of services associated with architectural design and engineering services for the Metrolink Parking Structure Project. (A2100.0 Agr-5655.1) NOTE: Councilmember Alvarez recorded an abstention due to a potential conflict with a nearby property interest. ACTION: 1) Approved the First Amendment between the Successor Agency and LPA, Inc. to incorporate the revised scope of services associated with architectural design and engineering services for the Metrolink Parking Structure Project; and 2) Authorized the Chairperson and Successor Agency Clerk to execute the First Amendment on behalf of the Successor Agency. MOTION —Alvarez SECOND —Whitaker AYES —Alvarez, Whitaker, Murphy, Nichols ABSENT —Smith Councilmember Nichols recorded an abstention on Items 3.6 and 3.11. Councilmember Alvarez recorded an abstention on Items 3.9, 3.25, and 3.26. Councilmember Whitaker recorded an abstention on Item 3.20. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR * * * * * * * * PAGE 10 CITY COUNCIL MINUTES OCTOBER 13, 2015 4. REPORTS FROM MAYOR SMITH—None 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Alvarez (C2500.D) 1. Discuss providing staff direction to propose a comprehensive strategy to control the proliferation of residential homes being used for Chapman University off campus housing. 2. Direct staff to research additional methods of enforcement and/or amendments to unruly party ordinance to increase enforcement against property owners. Councilmember Alvarez reported that he added these items onto the agenda so that Council could provide staff with some direction on addressing the off-campus housing situation, and the potential health and safety issues arising from student hosted parties. Public Speakers: Susan Stoffer—spoke regarding the parties being hosted by Chapman University students. Steve Lichten — spoke about the negative impacts of off-campus housing on surrounding neighborhoods. Jim Karras — spoke about off-campus housing and the public nuisance and public safety issues surrounding student hosted parties. Kimberly Bottomley—spoke about off-campus housing and zoning in the City. Discussion — City Manager Otto explained that he has maintained open communication with Chapman University representatives. There has been extensive dialogue resulting in Chapman making some recent changes to address some of these concerns. Meanwhile,the City has joined the International Town-Gown Association, and staff will use this as a resource to look at how other communities faced with similar situations are dealing with them. City Attorney Winthers reported that the City is trying to enforce the Boarding House Ordinance more often, but explained there are some challenges in doing so. Police Chief Gustafson briefed Council on the number of calls in the City related to the Noise/Party Ordinance, and the process for enforcing this ordinance. After further discussion,the City Manager was asked to develop a plan with the appropriate departments on how to document information received from the public regarding issues in their neighborhoods relating to Chapman students, and to continue to keep communication lines open with Chapman University. In addition,Council would like for the City Attorney to re-review the current ordinances in terms of a civil law approach. Staff was directed to come back with a report as soon as the information could be gathered to keep Council updated on any progress. RECESS: The City Council took a short recess at 8:03 p.m. and reconvened at 8:15 p.m. with all members present, except Mayor Smith who was absent. PAGE 11 CITY COUNCIL MINUTES OCTOBER 13, 2015 6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS—None 7. ADMINISTRATIVE REPORTS 7.1 Financial status update for Fiscal Years 2015 and 2016. (C2500.J.1.1) MOTION —Whitaker SECOND —Nichols AYES —Alvarez, Whitaker, Murphy, Nichols ABSENT — Smith Moved to receive and file. 7.2 Ca1PERS Pension Liability—Funding Strategy Update. (I1200.0.3.4) MOTION —Whitaker SECOND —Alvarez AYES —Alvarez, Whitaker, Murphy, Nichols ABSENT —Smith Moved to receive and file. 8. REPORTS FROM CITY MANAGER—None 9. LEGAL AFFAIRS—None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY—None PAGE 12 CITY COUNCIL MINUTES OCTOBER 13, 2015 11. PUBLIC HEARINGS NOTE: The following item was continued to the November 10, 2015, Regular City Council meeting. 11.1 Zone Change No. 1276-14—Industrial General Plan Land Use Focus Area (Z1500.0) Time set for a public hearing to consider approval of Zone Change No. 1276-14 to rezone properties in the Industria12010 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. MOTION —Nichols SECOND —Whitaker AYES —Alvarez, Whitaker, Murphy,Nichols ABSENT —Smith Moved to continue the Public Hearing to November 10, 2015. PAGE 13 CITY COUNCIL MINUTES OCTOBER 13, 2015 11. PUBLIC HEARINGS (Continued) 11.2 Marywood Residential Project (T4000.0) NOTE: Councilmember Whitaker recorded an abstention due to a potential conflict of economic interest and left the meeting at 8:40 p.m. Time set for a public hearing to consider approval of the Marywood Residential Project, Tentative Tract Map No. 0035-14, Major Site Plan No. 0790-14, Conditional Use Permit No. 2981-15, Design Review No. 4764-14, and Environmental Review No. 1839-14—The New Home Company located at 2811 East Villareal Drive. Senior Planner Robert Garcia presented the staff report and informed Council that a proposed amendment to Resolution No. 10890 was included in the Council's Late Agenda Items packet. The amendment addresses site access while the land exchange between the City and the applicant is finalized. MAYOR PRO TEM OPENED THE PUBLIC HEARING. Public Speakers: Douglas Woodward and Peter Carlson, representing the applicant, gave a PowerPoint presentation and answered Council's questions. The following people spoke in opposition of the project: Farhad Zaltash, Terrie Warmer, Michael Lebeau,Michael Spix,and Peter Homer. Their considerations included—increase in traffic; adding a height condition on landscaping so as to not obstruct present views; a violation of the Brown Act at the September 21, 2015, Planning Commission meeting; development will destabilize hill; and unhappy with the gates surrounding the proposed development. The following people spoke in support of the project: Mary Letterman, Jeff Weber, Linda Polk(Marywood alumni), and Jason Neria. Their considerations included—the developer is a quality builder, supportive of on-site crushing, and New Home Company is being a good neighbor. Peter Carlson, applicant, addressed some of the issues brought up by the speakers. He stated that he would work with staff to add a height condition on the trees being planted. Douglas Woodward, applicant, stated that he will work with staff regarding the two utility poles not included in the undergrounding plan. It is outside of the applicant's boundaries, but the applicant will work with the City to resolve the issue. Bob Kahn, traffic engineer for the applicant, answered questions regarding the traffic engineer report included in the EIR. MAYOR PRO TEM CLOSED THE PUBLIC HEARING. PAGE 14 CITY COUNCIL MINUTES OCTOBER 13, 2015 Discussion—The City Attorney addressed the claim that there was a Brown Act infraction at the September 21, 2015, Planning Commission meeting. After reviewing the recording of the Planning Commission meeting in question, there does not appear to have been a violation of the Brown Act.* *Entered into the Record —A letter from Mr. Michael Lebeau dated October 1 S, 201 S, withdrawing his Notice of Suspected Brown Act Violation and Demand. After further discussion, it was suggested to include the following conditions of approval: incorporate Marywood within the name of the development,place a restriction on potential landscaping and tree heights, work with the City to underground the last two remaining utility poles in the perimeter, and include the proposed amendment that addresses site access while the land exchange between the City and the applicant is finalized. 1) RESOLUTION NO. 10889 A Resolution of the City Council of the City of Orange to(A) certify the adequacy of Final Environmental Impact Report 1839-14, (B)adopt findings of fact, (C)adopt a statement of overriding considerations, and (D) adopt a mitigation monitoring and reporting program for related project entitlements designated as Tentative Tract Map No. 0035-14,Major Site Plan No. 0790-14, Conditional Use Permit No. 2981-15, and Design Review No. 4764-14 to allow for the construction of 40 new detached two-story single-family residences on the former 16 acre Marywood Pastoral Center site located at 2811 East Villareal Drive. MOTION —Murphy SECOND —Nichols AYES —Alvarez, Murphy, Nichols ABSENT (RECUSED) —Whitaker ABSENT —Smith Moved to approve Resolution No. 10889. PAGE 15 CITY COLTNCIL MINUTES OCTOBER 13, 2015 2) RESOLUTION NO. 10890 A Resolution of the City Council of the City of Orange to approve Tentative Tract Map No. 0035-14, Major Site Plan No. 0790-14, Conditional Use Permit No. 2981-15, and Design Review No. 4764-14 to allow for the construction of 40 new detached two-story single-family residences on the 16 acre Marywood Pastoral Center site located at 2811 East Villareal Drive. MOTION —Nichols SECOND —Alvarez AYES —Alvarez, Murphy,Nichols ABSENT (RECUSED)—Whitaker ABSENT —Smith Moved to approve amended Resolution No. 10890 with the following added conditions: incorporate Marywood within the name of the development,place a restriction on potential landscaping and tree heights, work with the City to underground the last two remaining utility poles in the perimeter, and include the amendment that addresses site access while the land exchange between the City and the applicant is finalized. 12. ADJOURNMENT — The City Council adjourned at 10:24 p.m. in memory of Marilyn Jensen, former Orange City Clerk. The next Regular City Council Meeting will be held on Tuesday, November 10, 2015, at 6:00 p.m. in the Council Chambers, with Closed Session beginning at 5:00 p.m., if necessary. , r a M���� � �j'(.— � � �� '�URPI�Y TERESA E. SMITH �I i Y CLERK MAYOR PAGE 16