Council Minutes 03/10/15APPROVED BY THE CITY COUNCIL ON APRIL 14, 2015
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES MARCH 10, 2015
The City Council of the City of Orange, California convened on March 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. 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 Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9(a):
Case: City of Orange v. County of Orange
Orange County Superior Court Case No. 30- 2010 - 00338820 CU- TT -CXC
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: John Sibley, City Manager, Rick Otto, Assistant City Manager,
Steven Pham, Human Resources /Employee Relations Director and Mike
Harary, Assistant Human Resources Director
Employee Organizations: Orange City Firefighters, Orange Police Association and
Orange Police Management Association
On Item 3(a), City Attorney Winthers reported that City Council authorized a two member
committee comprised of Mayor pro tem Whitaker and Council Member Murphy to negotiate
with the County of Orange.
4. ADJOURN TO REGULAR MEETING: At 6:10 p.m., the City Council Adjourned the
Closed Session to its Regular Meeting on Tuesday, March 10, 2015, in the Council
Chambers.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Bob Burris, Taft Avenue Community Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Orange High School ROTC.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
MARCH 10, 2015
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Retirement Resolution to Christine Ludlow.
Presentation of Retirement Resolution to Mark Spreeman.
Deuce Awards presented by MADD.
Presentation of a Proclamation to Joe Woollett, former Design Review Committee
member for his service to the City of Orange.
Presentation by Councilmember Mike Alvarez to Orange High School ROTC.
Recognition of the Orange Police Department's James Q. Wilson Award.
Swearing in for City Treasurer, Richard Allen Rohm.
Presentation of Retirement Resolution to John W. Sibley
2. PUBLIC COMMENTS
John Salat — requested that Council change Permit Parking Area P.
John Wilkie — requested that Council change Permit Parking Area P.
Gloria Jaramillo — spoke concerning recommendations previously made to the City to
improve communications.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
MARCH 10, 2015
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 February 5, 12, 19, and 26, 2015.
ACTION: Approved.
3.2 City Council Minutes, Special Meeting of February 5, 2015 and Regular Meeting of
February 10, 2015. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report for the period ending February 28, 2015.
(OR1800.0.27.16)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement with Integrity Automated Solutions for an amount not -to- exceed
$53,360.00 for Heating, Ventilation, and Air Conditioning (HVAC) Repair at The
Santa Fe Train Depot/Ruby's Restaurant Building. (A2100.0 Agr -6205)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.6 Agreement with Viper Cabling, Inc. for the Purchase and Installation of Broadcast
Production and Master Control System Equipment as Phase I of Improvements to
the Council Chambers. (A2100.0 Agr 6206)
ACTION: 1) Approved the Consultant Services Agreement with Viper Cabling, Inc. in
the amount of $265,014.29; 2) Authorized the Mayor and City Clerk to execute on behalf
of the City; and, 3) Authorized the appropriation of $55,000 from the unreserved fund
balance of the Public Education Government (PEG) Access Fund (130) to account
130.1601.56032.20128.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 10, 2015
3.7 Eleventh Amendment to an Agreement with West Coast Arborists, Inc. (WCA) to
increase the total not -to- exceed amount by $30,000 for FY 2014 -2015, extend the
term of the Agreement through December 2015, and add an additional $100,000 to
the contract amount for the six month period of July — December 2015. (A2100.0
Agr- 4790.11)
ACTION: 1) Appropriated $4,000.00 from Fund 291 (Irvine — 86 -2 Landscape
Maintenance) unreserved balance to 291.7026.51700.00000 (Contractual Services —
Labor & Maint); 2) Appropriated $4,000.00 from Fund 293 (94 -1 Sycamore Crossing
Landscape Maint. District) unreserved balance to 293.7024.51700.00000 (Contractual
Services — Labor & Maint); and 3) Approved Amendment to Agreement and authorized
the Mayor and City Clerk to execute on behalf of the City.
3.8 Agreement with David Nguyen to connect property at 12294B Circula Panorama,
Cowan Heights, CA 92705, to City of Orange sewer. (A2100.0 Agr -6207)
ACTION: Approved the Sewer Service Agreement and authorized the Mayor and City
Clerk to execute on behalf of the City.
APPROPRIATIONS
3.9 Appropriation of funds received from Santa Ana College for Fire Department
training. (C2500.H)
ACTION: 1) Accepted into the City's revenue budget a $20,179.56 grant payment from
Rancho Santiago Community College District, into revenue account number
100.3023.48210.20174 — Santa Ana College Training; and 2) Authorized the
appropriation of $20,179.56 into expenditure account number 100.3023.51840.20174 —
Santa Ana College Training.
3.10 Appropriation of funds received from Emergency Management Performance Grant
(EMPG). (A2100.0 Agr -6208)
ACTION: 1) Approved the agreement between the City of Orange and the Orange
County Sheriff's Department Emergency Management Bureau in an amount not -to-
exceed $21,405 and authorize the City Manager to execute the agreement on behalf of the
City; 2) Accepted into the City's revenue budget a $21,405 grant from the Orange County
Sheriff's Department Emergency Management Bureau, into revenue account number
100.3021.45495.30004 (EMPG Grant 2014); and 3) Authorized the appropriation of
$21,405 into expenditure account number 100.3021.50221.30004 (EMPG Grant 2014).
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 10, 2015
3.11 Appropriation of funds received from State of California for Fire Department
reimbursement. (C2500.11)
ACTION: 1) Accepted into the City's revenue budget a $207,153 reimbursement
payment from State of California for the Lodge Incident, into revenue account number
100.3021.48212.00000 (Reimbursement From O.E.S.); 2) Authorized the appropriation
of $207,153 into expenditure account 100.3021.50221.00000 (Overtime — Safety); 3)
Accepted into the City's revenue budget a $2,091.21 reimbursement payment from State
of California for the King Incident, into revenue account number 100.3021.48212.00000
(Reimbursement From O.E.S.); 4) Authorized the appropriation of $2,091.21 into
expenditure account 100.3021.50221.00000 (Overtime — Safety); 5) Accepted into the
City's revenue budget a $3,333.64 reimbursement payment from the State of California
for the Shoemaker Fire, into revenue account number 100.3021.48212.00000
(Reimbursement From O.E.S.); 6) Authorized the appropriation of $3,333.64 into
expenditure account 100.3021.50221.00000 (Overtime — Safety); 7) Accepted into the
City's revenue budget a $36,106.59 reimbursement payment from the
State of California for the Happy Camp Fire, into revenue account number
100.3021.48212.00000 (Reimbursement From O.E.S.); 8) Authorized the appropriation
of $36,106.59 into expenditure account 100.3021.50221.00000 (Overtime — Safety); 9)
Accepted into the City's revenue budget a $6,333.85 reimbursement payment from the
State of California for the Silverado Fire, into revenue account number
100.3021.48212.00000 (Reimbursement From O.E.S.); and 10) Authorized the
appropriation of $6,333.85 into expenditure account 100.3021.50221.00000 (Overtime —
Safety).
BIDS
3.12 Bid No. 145 -37; Approval of plans and specifications, and authorization to advertise
for bids for Annual Sewer Line Cleaning and CCTV Video Inspection (SP- 3907).
(C2500.M.3)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Sewer Line Cleaning and CCTV Inspection project.
3.13 Bid No. 145 -40; Approval of plans and specifications, and authorization to advertise
for bids for Americans with Disabilities Act (ADA) required Plaza Accessibility
Improvements (SP- 3901). (S4000.S.3.2)
ACTION: 1) Found the project is categorically exempt from CEQA pursuant to CEQA
Guidelines Section 15331, Historical Resources Restoration/Rehabilitation; and 2)
Approved the plans and specifications presented at this meeting and authorize advertising
for bids for Plaza Accessibility Improvements (SP- 3901).
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 10, 2015
3.14 Bid No. 145 -39; Well No. 27 Equipping Project (W -659); Approval of plans and
specifications and authorization to advertise for bids. (C2500.P.3)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Well No. 27 Equipping Project (W -659).
3.15 Bid No. 145 -33; FY 2014 -15 Community Development Block Grant (CDBG) Project
— Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various
Locations, rejection of all bids. (S4000.S.3.2)
ACTION: 1) Rejected all bids received, and 2) Authorized staff to re- advertise this
project with a reduced scope of work.
3.16 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. Cordoba Luis Barreto and Norma A. Pena
b. Dolores Sobieski
c. Allstate Insurance as subrogee of Woo Jang
d. Judith McCoy
e. AAA Interinsurance Exchange of the Automobile Club as subrogee of
Courtney Anderson
f. Christopher Cervantes
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.17 Award of Contract - Bid No. 145 -02; Annual Pipeline Renewal Project (W -671).
(A2100.0 AGR -6209)
ACTION: 1) Rejected the bid received from low bidder, Ramona, Inc., a California
Corporation, on the basis that the bid was not responsive; and 2) Awarded a contract in
the amount of $1,865,385.00 to Big Ben, Inc. and authorized the Mayor and City Clerk to
execute the necessary documents on behalf of the City.
3.18 Award of Contract — Bid No. 145 -31; Annual Concrete Replacement at Various
Locations Phase 2, Fiscal Year 2014 -15. (A2100.0 Agr -6210)
ACTION: 1) Rejected the bid received from low bidder, Smart Tech Group, Inc., a
California Corporation, on the basis that the bid was not responsive; and 2) Awarded a
contract in the amount of $589,300 to C.J. Concrete Construction, Inc. and authorized the
Mayor and City Clerk to execute the necessary documents on behalf of the City.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 10, 2015
3.19 Award of Contract — Bid No. 145 -32; Concrete Street Rehabilitation at Various
Locations, Fiscal Year 2014 -15. (A2100.0 Agr -6211)
ACTION: Awarded a Contract in the amount of $576,500 to CLS Constructors, Inc.,
Grand Terrace, CA and authorized the Mayor and City Clerk to execute on behalf of the
City.
3.20 Final Acceptance of Bid No. 145 -10: CDBG Fiscal Year 2013 -2014 Street
Improvements at Palm Avenue, James Street, Shirley Drive, Malena Drive, Bennett
Avenue, and Sherman Avenue performed by R.J. Noble Company and
authorization to file the Notice of Completion with the County Recorder. No staff
report required.) (A2100.0 Agr -6155)
ACTION: Accepted the completion of street improvements, authorized release of the
Western Surety Company of South Dakota, Bond No. 58719217 in the amount of
$761,656.21 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.21 Final Acceptance of Bid No. 145 -16: Roof Coating at Senior Center at 170 S. Olive
Street performed by Wiltshire Urethane Foam company and authorization to file
the Notice of Completion with the County Recorder. (No staff report required.)
(A2100.0 Agr -6157)
ACTION: Accepted the completion of improvements, authorized release of the
Developers Surety and Indemnity Company of Iowa, Bond No. 802615P in the amount of
$43,339.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.22 Final Acceptance of Bid No. 134 -23: Hart Park Lift Station and Stacey Lee Lane
Lift Station Rehabilitations at Hart Park 411 E. River Avenue and 5141 E. Stacey
Lee Lane performed by Tamang Electric, Inc. and authorization to file the Notice of
Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -
6191)
ACTION: Accepted the completion of improvements, authorized release of the Western
Surety Company of South Dakota, Bond No. 71555684 in the amount of $236,880.00 to
the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
3.23 Final Acceptance Hart Park Concession Demolition & Selective Historic Salvage
performed by Mark Sauer Construction, Inc. and authorization to file the Notice of
Completion with the County Recorder (No staff report required) (A2100.0 Agr -
6195)
ACTION: Accepted the completion of improvements and authorized the Mayor and City
Clerk to execute the Notice of Completion.
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CITY COUNCIL MINUTES MARCH 10, 2015
3. CONSENT CALENDAR (Continued)
PURCHASES
3.24 Purchase of five police pursuit motorcycles for Orange Police Department through a
Cooperative Purchase Agreement from Iry Seaver BMW of Orange, CA. (C2500.K)
ACTION: Authorized the purchase of five 2015 R 1200 RT -P BMW pursuit motorcycles
from Iry Seaver BMW of Orange, CA in the amount of $138,233.55 and authorized the
City Manager to surplus the replaced vehicles.
RESOLUTIONS
NOTE: Item 3.25 was removed from the Consent Calendar and approved prior to
Presentations.
3.25 RESOLUTION NO. 10843 (C2500.J)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Christine Ludlow of the Finance Department for Twenty -Eight Years of Loyal and
Dedicated Service.
ACTION: Approved.
3.26 RESOLUTION NO. 10844 (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.
3.27 RESOLUTION NO. 10845 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL- 2014 -04 to adjust the property lines among three real properties situated at 1148
N. Lemon Street to create three new lots.
ACTION: Approved.
NOTE: Item 3.28 was removed from the Consent Calendar and approved prior to
Presentations.
3.28 RESOLUTION NO. 10852 (C2500.E)
A Resolution of the City Council of the City of Orange expressing our appreciation to
John W. Sibley for providing nearly 50 years of Public Service, with the last 14 years of
providing leadership and service to the City of Orange.
ACTION: Approved.
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CITY COUNCIL MINUTES MARCH 10, 2015
3. CONSENT CALENDAR (Continued)
3.29 RESOLUTION NO. 10853 (L1200.0)
A Resolution of the City Council of the City of Orange initiating proceedings for the
formation of a new landscape maintenance district (LMD 15 -1) to overlay the existing
landscape maintenance district (LMD -86 -2) in the Santiago Hills Neighborhood pursuant
to provisions of Division 15, Part 2, of the Streets and Highways Code of the State of
California, and designating SCI Consulting Group as the Engineer of Work.
ACTION: Adopted Resolution No. 10853 to initiate proceedings for the formation of a
new landscape maintenance district (No. 15 -1) and designated SCI Consulting Group as
the Engineer of Work.
3.30 RESOLUTION NO. 10854 (C2500.11)
A Resolution of the City Council of the City of Orange regarding the terms and
conditions for the Orange City Fire Department response away from their official duty
station and assigned to an emergency incident.
ACTION: Approved.
3.31 RESOLUTION NO. 10851 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing sections of
public streets for approved special events.
ACTION: 1) Adopted Resolution No. 10851 approving the closure of public streets
during the times of approved special events; and 2) Approved closure of municipal
parking lots and temporary suspension of neighborhood permit parking restrictions for
certain events and dates occurring in FY 2015 -16.
MOTION
— Murphy
SECOND
— Nichols
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Items 3.25 and 3.28 were removed from the Consent Calendar and approved prior to
Presentations. All other items were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
4. REPORTS FROM MAYOR SMITH
MARCH 10, 2015
4.1 Consideration of Appointment of City Council Members to City and Regional
Boards.
MOTION — Murphy
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to reappoint the following for Regional Boards:
Foothill Eastern TCA (Tollroad) Mark A. Murphy
Teresa E. Smith (Alternate)
Orange County Sanitation District Teresa E. Smith
Mark A. Murphy (Alternate)
Orange County Vector Control
Joint Powers Training Facility
Michael Alvarez
Teresa E. Smith
Mark A. Murphy (Alternate)
And moved to appoint the following:
Santa Ana Flood Protection Agency Kimberlee Nichols
4.2 Consideration of Appointments to Boards and Commissions.
MOTION — Smith
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to appoint the following to City of Orange Boards and Commissions:
Design Review Committee
City Traffic Commission
Anne McDermott
Adam Feliz
Community Development Block Grant Committee Megan Penn
Orange Elderly Services Board Fred Whitaker
Adam Feliz
Vicki James
Tom Grochow
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CITY COUNCIL MINUTES MARCH 10, 2015
5. REPORTS FROM COUNCILMEMBERS: None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS: None
7. ADMINISTRATIVE REPORTS
7.1 Four -year Agreement with the Orange Plaza Rotary (OPR) to use the Orange Plaza
area for their Annual Car Show to be held on April 19, 2015; April 17, 2016; April
23, 2017; and April 15, 2018. (A2100.0 Agr- 5541.A)
Deputy City Manager Irma Hernandez provided the staff report. She reviewed the
changes to the agreement and requested that Council give direction on two of the OPR's
proposed changes — consideration of a four -year agreement and modification of entry time
for display vehicles to 4:00 a.m.
Public Speaker
Tracey Curtis — Orange Plaza Rotary, spoke in support and asked Council to approve the
agreement with the proposed changes including a request of procuring three public
parking lots over the next four years.
T)icrnccinn
To minimize possibility of complaints, Councilmember Murphy suggested modifying the
entry time to 5:00 a.m. instead of 4:00 a.m. as requested. The City Council were all in
support of this change. However, Council did not support the procurement of the parking
lots at this time. Council also wanted to ensure there was outreach to the neighborhood
regarding the earlier entry time.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve the four -year agreement with a 5:00 a.m. entry time for some vehicles
to the Plaza and authorize the Mayor and City Clerk to execute on behalf of the City.
7.2 Amendment to Joint Agreement for operation, maintenance, and financial
management of the Orange County 800 MHz Countywide Coordinated
Communication System (CCCS). (A2100.0 Agr- 2415.A.1)
MOTION — Whitaker
SECOND — Smith
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve the agreement and authorize the City Manager to execute on behalf of
the City.
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CITY COUNCIL MINUTES
8. REPORTS FROM CITY MANAGER
MARCH 10, 2015
City Manager John Sibley reported that this was his last meeting and expressed his
appreciation to all the staff.
9. LEGAL AFFAIRS
9.1 ORDINANCE 08 -14 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code to Streamline the Review Process and Clarify City Standards for Certain
Types of Residential Accessory Structures, Bingo Games, Churches in Industrial Zones,
and Parking Structure Floor Area Ratio.
MOTION — Whitaker
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 08 -14 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 SALEM LUTHERAN CHURCH AND SCHOOL (C2300.E)
Time set for a public hearing to consider General Plan Amendment No. 2014 -02, Zone
Change No. 1259 -11, Specific Plan No. SPLAN -0002, Design Review Committee No.
4538 -11, & Environmental Review No. 1827 -11 — Salem Lutheran Church and School,
located at 6500 East Santiago Canyon Road.
THE MAYOR OPENED THE PUBLIC HEARING
Public Speakers
The following all spoke in favor of the project:
Frank Elfend, on behalf of the applicant
Skip Raymond Craig Olson
Kim Violette Julie Beckman
Donald Bradley Eric Lamhofer
Theresa Sears Tom Davidson
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
The following spoke in opposition of the project:
Linda Cunningham Bobbie Grayson
Tom Grayson Christine Rosenow
THE MAYOR CLOSED THE PUBLIC HEARING
TlicC' nccinn
MARCH 10, 2015
The City Council spoke supportively of the project. The Council thanked
Councilmembers Murphy and Alvarez, who worked as an ad -hoc committee, for their
participation in bringing all the parties together to solve outstanding issues; and discussed
the need for traffic issues on Frank Lane to be worked out with staff and the community
at the appropriate time.
RESOLUTION NO. 10846
A Resolution of the City Council of the City of Orange (A) certifying the adequacy of
Final Environmental Impact Report 1827 -11 (SCH #2011101046) for the proposed
redesign of the Salem Lutheran Church and School Campus, with associative project
entitlements designated as General Plan Amendment No. 2014 -02, Zone Change No.
1259 -11, Specific Plan No. 0002, and Design Review Committee No. 4538 -11, (B)
adopting findings of fact, (C) adopting a Mitigation Monitoring Program, and (D)
approving the project.
MOTION
— Murphy
SECOND
— Nichols
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10846.
RESOLUTION NO. 10847
A Resolution of the City Council of the City of Orange approving General Plan
Amendment No. 2014 -02, a request to change the General Plan Designation of Estate
Low Density Residential (ESTR) to Public Facilities and Institutions (PI) for Salem
Lutheran Church and School located at 6500 East Santiago Canyon Road.
MOTION
— Murphy
SECOND
— Nichols
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10847.
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CITY COUNCIL MINUTES MARCH 10, 2015
11. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 01-15 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change No.
1259 -11 rezoning Properties from Residential Single Family (R -1 -40) to Specific Plan
Public Institution (SP -PI) for the Salem Lutheran Church and School located at 6500 East
Santiago Canyon Road.
MOTION
— Alvarez
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 01 -15 be read by title only and same was set for second
reading by the preceding vote.
RESOLUTION NO. 10848
A Resolution of the City Council of the City of Orange approving Specific Plan No.
SPLAN -0002 and Design Review Committee No. 4538 -11 for the campus redesign of the
Salem Lutheran Church and School located at 6500 East Santiago Canyon Road.
MOTION — Smith
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10848.
NOTE: In addition to the approved Resolutions and Ordinance, the City Council directed
the applicant and the neighbors to work with staff regarding the design and delineation
issue for traffic on Frank Lane.
RECESS: The City Council took a 10 minute recess at 9:00 p.m. and reconvened at 9:10 p.m.
with all members present.
11.2 LEMON GROVE APARTMENTS (TEFRA Hearing) (C2500.G.1.5)
Time set for a public hearing to consider conduit bond financing for Lemon Grove
Apartments Project.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBIC HEARING.
RESOLUTION NO. 10850
A Resolution of the City council of the City of Orange approving the issuance of the
California Municipal Finance Authority Multifamily Housing Revenue Bonds in an
aggregate principal amount not -to- exceed $17,500,000 for the purpose of financing or
refinancing the acquisition, construction, and equipping of Lemon Grove Apartments and
certain matters relating thereto.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
MOTION
— Nichols
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10850.
12. PLANNING AND ENVIRONMENT
NOTE: The following item was heard before Item 11.2
MARCH 10, 2015
12.1 Major Site Plan Review (MJSP 0797 -14), Design Review (DRC 4776 -14), and a
Density Bonus Housing Agreement with three affordable Housing Concessions —
Lemon Grove, 1148 North Lemon Street. (A2100.0 Agr -6212)
NOTE: Mayor pro tern Whitaker and Council Member Alvarez announced that they had
consulted with the City Attorney and confirmed there is no conflict of interest with their
being Ex- Officio Members of the Orange Housing Development Corporation since they
do not have any voting power.
Time set for a public meeting to consider Major Site Plan Review (MJSP 0797 -14), Design
Review Committee (DRC 4776 -14), and a Density Bonus Housing Agreement with three
affordable Housing Concessions — Lemon Grove.
Senior Planner Chad Ortlieb provided a staff report and answered Council's questions.
He stated that staff discovered some inconsistencies with two of the plan sheets;
therefore, staff recommends adding an additional proposed condition requiring that all
plans that are submitted for a building plan check be consistent with each other.
Public Speakers
Barry Cottle — developer, spoke in favor of the project and in response to Council
questions, spoke about the thorough screening process for tenants, parking spaces, site
visits, inspections, graffiti removal on the property, and after school learning centers at their
projects; all of which help to reduce crime rates and maintain a viable and lasting project.
Alexia Deligianni - Brydges — spoke in opposition of the project.
Todd Cottle — developer, was available for questions.
Discussion
The City Council was supportive of the project, noting that OHDC projects have improved
neighborhoods; and that low income neighborhoods do not necessarily correlate with crime.
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CITY COUNCIL MINUTES MARCH 10, 2015
12. PLANNING AND ENVIRONMENT (Continued)
RESOLUTION NO. 10849
A Resolution of the City Council of the City of Orange Approving Major Site Plan Review
0797 -14, Design Review 4776 -14, and a density bonus housing agreement with three
affordable housing concessions for the project known as Lemon Grove Apartments located
at 1148 North Lemon Street.
MOTION
— Smith
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10849 subject to the conditions applied to this project.
12.2 Preliminary Award of Low and Moderate Income Housing Asset Funds (LMIHAF)
and HOME Investment Partnerships (HOME) funds for proposed Lemon Grove
Apartments. (C2500.G.1.9)
MOTION
— Murphy
SECOND
— Smith
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to: 1) Authorize the City Manager to execute the letter regarding the City's
Preliminary Award of $6,750,000 in Low and Moderate Income Housing Asset Funds and
$1,300,000 in HOME Funds for the Lemon Grove Apartments; 2) Authorize the
appropriation of $6,750,000 from LMIHAF (921) unreserved fund balance to expenditure
account number 921.9810.56571.20249 (LMIHAF Loan - Lemon Grove Apartments); and
3) Authorize the transfer of $447,474 from account number 317.9660.56510.11250
(HOME Developer Projects) and $852,526 from account number 317.9660.56571.20091
(Santa Ines Project) for a total transfer of $1,300,000 to expenditure account number
317.9660.56571.20249 (HOME Loan - Lemon Grove Apartments).
13. ADJOURNMENT: The City Council adjourned at 10:00 p.m. to an Adjourned Regular
Meeting on Tuesday, March 24, 2015, at 5:00 p.m. in the Weimer Room for a Budget
Study Session.
The next Regular City Council Meeting will be Tuesday, April 14, 2015, with Closed
Session beginning at 5:00 p.m., if necessary.
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MURPHY TERESA E. SMITH
CITY CLERK MAYOR
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