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Council Minutes 01/12/16APPROVED BY THE CITY COUNCIL ON FEBRUARY 9, 2016 CITY COUNCIL MEETING MINUTES ORANGE, CALIFORNIA JANUARY 12, 2016 The City Council of the City of Orange, California convened on January 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. SESSION 1. ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols 2. ORAL COMMUNICATIONS — None 3. EMPLOYEE RECOGNITION Recognition of Employee Service. 4. RECESS — The City Council recessed at 5:00 p.m. to the Closed Session. The next Regular City Council meeting will be held on Tuesday, January 12, 2016, at 6:00 p.m. in the Council Chamber. CITY COUNCIL MINUTES 5:00 P.M. SESSION 1. ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols 2. ORAL COMMUNICATIONS — None JANUARY 12, 2016 3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:00 p.m. with all Members present, except Councilmember Nichols who was absent. 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. 4. ADJOURN TO REGULAR MEETING — At 6:05 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, January 12, 2016, in the Council Chamber. PAGE 2 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING JANUARY 12, 2016 This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:05 p.m. 1.1 INVOCATION Given by Sister Jayne Helmlinger, General Superior of the Sisters of St. Joseph of Orange. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred Whitaker. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS — None 2. PUBLIC COMMENTS David Cortez — announced that the El Modena neighborhood is celebrating its 130 year anniversary. Carole Walters — expressed concerns about how funds are being spent. John Alecia — inquired about a petition he submitted about six months ago requesting that the City close portions of Orange Street due to an increase in traffic. PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR JANUARY 12, 2016 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. 3A. CITY CONSENT CALENDAR 3.1 Confirmation of warrant registers dated December 3, 10, 17, and 23, 2015. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of December 8, 2015. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS (ITEM REMOVED FROM THE CONSENT CALENDAR) 3.4 Agreement for the Transfer of Ownership of the Police Service Dog Lycan, currently assigned to the Police Department's Canine Team from the City of Orange to Canine Officer Carlos Gutierrez. (A2100.0 Agr -6300) ACTION: Continued to a date uncertain. 3.5 Water System Agreement with the University of California Irvine Medical Center (UCIMC) to complete the final master metering of the Medical Center Main Campus. (A2100.0 Agr -6301) ACTION: 1) Approved the Water System Agreement between the City of Orange and the University of California Irvine Medical Center ( "UCIMC "); and 2) Authorized the Mayor and City Clerk to execute the easement quitclaim deed to transfer the Manchester Reservoir site to the UCIMC. PAGE 4 CITY COUNCIL MINUTES JANUARY 12, 2016 3. CONSENT CALENDAR (Continued) 3.6 Agreement with C.A. Granger Construction, Inc. for the amount of $55,100 to provide Demolition and Hardscape Installation of the Hart Park Dance Floor. (A2100.0 Agr -6302) ACTION: 1) Approved Agreement and authorized the Mayor and City Clerk to execute on behalf of the City; 2) Appropriated $8,600 from Fund 510 (Park Acquisition and Development) unreserved fund balance to 510.7021.56015.20038 (Hart Park Dance Floor); and 3) Appropriated $11,500 from revenue account 100.7021.48390.20038 (Hart Park Dance Floor) to 550.7021.56015.20038 (Hart Park Dance Floor). 3.7 Agreement with Merchants Building Maintenance Company, LLC, for Custodial Services for City Park Facilities for an amount not to exceed $236,537.42 per year. (A2100.0 Agr- 6267.B) ACTION: 1) Authorized the appropriation of $40,100 from the General Fund Unreserved Fund Balance to expenditure account 100.5028.51422.00000; 2) Approved the agreement between the City of Orange and Merchants Building Maintenance Company, LLC; and 3) Authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.8 Agreement with Commercial Aquatic Services, Inc. for the installation of new pool heaters, new backwash controls, and new chemical control systems for the Hart Park Pool for an amount not to exceed $101,814.90. (A2100.0 Agr -6303) ACTION: 1) Approved the agreement with Commercial Aquatic Services, Inc. to install the specified pool equipment; and 2) Authorized the Mayor and the City Clerk to execute the agreement on behalf of the City. 3.9 Renew the agreement between the California Insurance Pool Authority (CIPA) and Keenan and Associates for Third Party Administration of the City of Orange's Workers' Compensation Program. (A2100.0 Agr- 0233.I) ACTION: Entered into a three (3) year agreement extension with Keenan and Associates to serve as the City's Workers' Compensation Administrator. PAGE 5 CITY COUNCIL MINUTES JANUARY 12, 2016 3. CONSENT CALENDAR (Continued) CONTRACTS 3.13 Award of Contract — Bid No. 156 -15; Taft Library & Fire Station No. 3 Fiber Optic Installation Project. (A2100.0 Agr -6305) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Awarded the contract to PTM General Engineering Services, Inc. of Riverside, CA in the amount of $218,812; and authorized the Mayor to execute and the City Clerk to attest the contract on behalf of the City. PAYMENTS 3.14 Approve payment to the City of Anaheim for a portion of the work required to update an Emergency Intertie with Anaheim and Repair and Restore the access road to Reservoir No. 3 located at 3306 Mandeville Place, Orange. (S4000.S.7) NOTE: Councilmember Whitaker recorded an abstention due to a potential conflict with employment. ACTION: Approved payment to the City of Anaheim, in the amount of $37,557.86 for the design and construction required to repair and reconstruct the shared roadway and emergency intertie to Reservoir No. 3 located at 3306 Mandeville Place; and authorized the Mayor and City Clerk to execute the payment on behalf of the City. PURCHASES 3.15 Authorize purchase of Ethernet Switches and Power Supply from EtherWAN Systems, Inc. (S4000.S.3.3) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Authorized a sole source purchase of Ethernet switches and power supply from EtherWAN Systems, Inc. not to exceed $45,000. REPORTS 3.16 Audited Financial Statements and Related Financial Reports for the Fiscal Year ended June 30, 2015. (C2500.J.1.3) ACTION: Received and filed. PAGE 7 CITY COUNCIL MINUTES JANUARY 12, 2016 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.17 RESOLUTION NO. 10915 (A2500.0 Landscape Standards and Specifications) A Resolution of the City Council of the City of Orange amending City of Orange Landscape Standards and Specifications. ACTION: Approved. 3.18 RESOLUTION NO. 10919 (OC1300.D.1) A Resolution of the City Council of the City of Orange certifying that the City of Orange has the resources to fund its projects in the Federal Fiscal Years (FFY) 2016/17- 2021/22 Federal Transportation Improvement Program and affirms its commitment to implement all projects in the program. ACTION: Approved. 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.19 Resolution No. SAORA -022 — A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule the fiscal period covering July 1, 2016, through June 30, 2017, pursuant to Health and Safety Code Section 34177 and taking certain related actions. (SA1000.0) Resolution No. SAORA -023 - A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving the proposed Administrative Budgets for the six -month fiscal periods from July 1, 2016, through December 31, 2016, and from January 1, 2017, through June 30, 2017, and taking certain related actions. ACTION: 1) Approved Resolution No. SAORA -022 and directed Successor Agency Clerk to record previously stated City Council abstentions listed below and reasons therefore as part of the minutes: Councilmember Alvarez Line Item No. 27 -28 (Metrolink Parking Structure) due to property ownership in area. Line Item No. 73 (Tierra West) due to property ownership in area. Line Item No. 106 (Property Management) due to property ownership in area. Identified in prior ROPS 13 -14A as Line Item 30. 2) Approved Resolution No. SAORA -023; and 3) Directed staff to transmit ROPS 16 -17 and related Administrative Budget to the Oversight Board of the Successor Agency to the Orange Redevelopment Agency. PAGE 8 CITY COUNCIL MINUTES JANUARY 12, 2016 3. CONSENT CALENDAR (Continued) MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Item 3.4 was removed from the Consent Calendar and continued to a date uncertain. Item 3.10 was removed from the Consent Calendar and heard separately. Mayor pro tem Murphy recorded an abstention on Items 3.13 and 3.15. Councilmember Whitaker recorded an abstention on Item 3.14. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 4.1 Appointment to the Orange Public Library Board of Trustees. MOTION — Smith SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved to appoint Rebecca Martinez to the Orange Public Library Board of Trustees for a term ending June 30, 2019. 4.2 Appointment to the City of Orange Traffic Commission. MOTION — Smith SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved to appoint Larry Dick to the City of Orange Traffic Commission for a term ending June 30, 2020. PAGE 9 CITY COUNCIL MINUTES JANUARY 12, 2016 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Alvarez — Update on the preparation of a student housing ordinance, amendments to the existing party ordinance, and an update regarding the Chapman Neighborhood Advisory Committee meetings. Councilmember Alvarez stated that these issues go beyond the borders of Old Towne; and he would like to see the community, City Council, and Chapman University come to an agreement to get these issues resolved. City Manager Rick Otto provided Council an update on staff s progress addressing some of the issues discussed at the October Council meeting. Staff is looking at possible changes to the party ordinance, the boarding house ordinance (including how the ordinance is administered), and possibly creating new ordinances placing restrictions on landlords and restricting the establishment of mini dorms. Staff would like to present Council with a list of options in February. Chapman University will also present a report to Council in February outlining some things they have already implemented and any plans for the future. Discussion — Police Chief Bob Gustafson answered Councilmember Alvarez's questions regarding repeat party ordinance offenders and the issue of the owner and /or resident of a home leaving the property once the police are called. Chief Gustafson clarified that a statistical report is generated even if the field officer does not write a report. The City Attorney informed Council that staff is looking at how to resolve the issue of the owner and/or resident not being present once the police arrive. Councilmember Alvarez also asked about deputizing Chapman security personnel. Chief Gustafson stated that it would be best not to deputize Chapman security as they do not have the level of training that an Orange Police officer has. Mayor Smith introduced Jack Raubolt. Mr. Raubolt was recently appointed as Vice President of Community Relations at Chapman University, and is assigned as the community liaison. City Manager Otto announced that in addition to appointing Mr. Raubolt, Chapman has created a website as an avenue for residents to communicate with Chapman University and obtain information on neighborhood issues. The website address is www.NeighborsofChapman.com. Minutes from the Neighborhood Advisory Committee will also be posted on the website. Public Speakers: Sandy Quinn, President of the Old Towne Preservation Association (OTPA) and member of the Neighborhood Advisory Committee — stated that the OTPA supports the Neighborhood Advisory Committee and is confident that Chapman University has every intention to resolve all of these issues. Janice McGovney — encouraged the City to require Chapman University to provide all students under the age of 25 dormitory housing, and distributed copies of letters written by students living in her neighborhood regarding the parking situation. PAGE 10 CITY COUNCIL MINUTES JANUARY 12, 2016 5. REPORTS FROM COUNCILMEMBERS (Continued) Joanne Coontz — spoke about Chapman students' behavior and encouraged the University to enforce their code of conduct on and off campus. Steve Lichten — encouraged Council to continue to address the student housing and party problems. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS — None 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 10 -15 (SECOND READING) (A2500.0) An Ordinance of the City Council of the City of Orange Amending Chapter 5.89 of the OMC Prohibiting the Business of Selling, Cultivating or Distributing Cannabis. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved that Ordinance No. 10 -15 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 Loftus Nursery Zone Change and CUP. (Z1500.0) Time set for a public hearing to consider Zone Change 1278 -15, Conditional Use Permit 2975 -15, and Minor Site Plan 0809 -15 — Loftus Nursery, located between Craig Drive and Malena Drive. PAGE 11 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS (Continued) JANUARY 12, 2016 Senior Planner Chad Ortlieb presented the staff report explaining that this site is currently not zoned. He stated that the proposed storage building would not be any taller than a detached garage in a residential area, and would most likely be between 8 -10 feet in height. In response to Mayor pro tern Murphy's question about moving the loading /unloading area, Senior Planner Ortlieb answered that it was a possibility to move it onto the property and off Palmyra. Mr. Ortlieb also clarified that the temporary employee parking will be used by employees when they go to the site, which is not on a daily basis. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers John Koos, applicant — spoke in support of the project and answered Council's questions. He stated that he is open to moving the loading/unloading area. Ed Loftus, owner — spoke in support of the project. Karin Shannon — spoke in opposition of the project. THE MAYOR CLOSED THE PUBLIC HEARING. Discussion — Council agreed that this would be the best use for this parcel, which is currently vacant, and are in support of the project with the added condition of moving the loading /unloading area. 1) ORDINANCE NO. 02-16 (FIRST READING) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1278- 15 for the establishment of Single Family Residential, 7000 s.f. (R -1 -7), Residential Multiple Family (R -3), and Limited Business (C -1) Zoning consistent with the exiting Low Density Residential 2 -6 DU /AC (LDR), Low Medium Residential 6 -15 DU /AC (LMDR), and General Commercial Max. 1.0 Far (GC) General Plan Land Use designation, for currently unzoned property located south of Chapman Avenue between S. Craig Drive and S. Malena Drive. Zone Change No. 1278 -15 Applicant: Ed Loftus II MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved that Ordinance No. 02 -16 be approved for First Reading and same was set for Second Reading by the preceding vote. PAGE 12 CITY COUNCIL MINUTES JANUARY 12, 2016 11. PUBLIC HEARINGS (Continued) 2) RESOLUTION NO. 10913 A Resolution of the City Council Approving Conditional Use Permit 2975 -15, and Minor Site Plan Review 0809 -15 for the establishment of a tree and shrub farm on the southerly portion of property located south of Chapman Avenue between Craig Drive and Malena Drive. Applicant: Ed Loftus II MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved to approve amended Resolution No. 10913 with the added condition that the project be moved to the north to allow for the designated loading /unloading area to be on site rather than on Palmyra Avenue. 11.2 Appeal No. 0538 -15 - Newport Academy Appeal. (Continued from 12/8/15) (A4000.0) Time set for a public hearing to consider Appeal No. 0538 -15 of the Planning Commission decision to uphold the Community Development Director's denial of reasonable accommodation 0003 -14, Newport Academy, 1655 Hunters Way. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Phillip Greer, applicant — spoke in support of Newport Academy and asked the Council to approve the appeal and grant the accommodation. The following people spoke in opposition of the project and asked Council to deny the appeal: Dr. Joseph Tannebaun, Carol Cora, Dave Swoish, Theresa Sears, David Hillman, Sharon Mule, Carolyn Aliotta, Debra Sandford, Laura Thomas, Jeff Chelwick, Casey Lind, and Lindsey Marrone. THE MAYOR CLOSED THE PUBLIC HEARING. Council discussed that no additional evidence had been presented to change the decision of the Community Development Director or Planning Commission. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved to deny Appeal No. 0538 -15. RECESS: The City Council recessed at 8:41 p.m. and reconvened at 8:54 p.m. with all members present, except Councilmember Nichols who was absent. PAGE 13 CITY COUNCIL MINUTES JANUARY 12, 2016 11. PUBLIC HEARINGS (Continued) 11.3 Metrolink Parking Structure (Z1500.0) NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest and left the meeting at 8:55 p.m. Time set for a public hearing to consider the Metrolink Parking Structure Project to construct a new 611 -space parking structure at the northwest corner of Chapman Avenue at 130 N. Lemon Street in Old Towne Orange. Economic Development Manager Lisa Kim presented an overview of the project and answered Council's questions regarding lighting, security, trees, drainage, and accommodating the parking needs of nearby businesses during construction. It was noted that staff is in discussions with Chapman University for the interim use of University parking lots during construction. Acting Principal Planner Jennifer Le reviewed project entitlements. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Haley Baca and Robert Baca spoke in opposition of the construction, citing concerns with neighboring residential structures and historic monitoring. THE MAYOR CLOSED THE PUBLIC HEARING. Council discussed that impacts are being mitigated as much as possible, as there is much respect for neighboring houses; and thanked OCTA for their assistance with this project. 1) RESOLUTION NO. 10916 A Resolution of the City Council of the City of Orange approving and adopting Mitigated Negative Declaration No. 1832 -14 including adoption of a Mitigation Monitoring and Reporting Program in compliance with the California Environmental Quality Act (CEQA). City of Orange Metrolink Parking Structure Project 130 N. Lemon Street MOTION — Whitaker SECOND — Murphy AYES — Whitaker, Smith, Murphy ABSENT (RECUSED) — Alvarez ABSENT — Nichols Moved to approve Resolution No. 10916. PAGE 14 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS (Continued) JANUARY 12, 2016 2) ORDINANCE NO. 01-16 (FIRST READING) An Ordinance of the City Council of the City of Orange approving Zone Change 1275 -14, a Zone Change from Public Institution (Specific Plan) to Old Towne Mixed Use — 15 (Specific Plan). City of Orange Metrolink Parking Structure Project 130 N. Lemon Street MOTION — Whitaker SECOND — Smith AYES — Whitaker, Smith, Murphy ABSENT (RECUSED) — Alvarez ABSENT — Nichols Moved that Ordinance No. 01 -16 be approved for First Reading and same was set for Second Reading by the preceding vote. 3) RESOLUTION NO. 10917 A Resolution of the City Council of the City of Orange approving Tentative Parcel Map No. 0005 -14, Major Site Plan Review No. 1832 -14, and Design Review No. 4675 -13 for the Metrolink Parking Structure Project located at 130 North Lemon Street. City of Orange Metrolink Parking Structure Project 130 N. Lemon Street 12. MOTION — Whitaker SECOND — Smith AYES — Whitaker, Smith, Murphy ABSENT (RECUSED) — Alvarez ABSENT — Nichols Moved to approve Resolution No. 10917. ADJOURNMENT — The City Council adjourned at 9:47 p.m. The next Regular City Council Meeting will be held on Tuesday, February 9, 2016, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. E. MURPH C Y CLERK TERES E. SMITH MAYOR PAGE 15