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HomeMy WebLinkAbout10-11-2022 Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 15, 2022 MINUTES City of Orange City Council October 11, 2022 The City Council of the City of Orange, California convened on October 11, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 4:30 PM EMPLOYEE RECOGNITION 1. WELCOME Mayor Murphy welcomed everyone. 2. EMPLOYEE SERVICE AWARDS Employees were recognized for their years of service to the City and the community. 3. RECESS The City Council recessed at 5:05 p.m. 5:00 PM CLOSED SESSION 1. CALL TO ORDER Mayor Murphy called Closed Session to order at 5:06 p.m. 1.1 ROLL CALL Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Absent: None 2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS None 3. RECESS TO CLOSED SESSION The City Council recessed to Closed Session at 5:07 p.m. with all Members present to discuss the following: a.PUBLIC EMPLOYMENT Pursuant to Government Code Section 54957. Title: City Manager 4. CLOSED SESSION REPORT Pursuant to California Government Code Section 54957.1(a)(5), by a vote of 5 in Favor Mayor Murphy, Mayor Pro Tern Nichols, and Councilmembers Monaco, Dumitru, and Page 1 of 12 City Council Minutes October 11,2022 Tavoularis) and 2 Against (Councilmembers Barrios and Gutierrez), the City Council accepted the resignation of Robert J. Houston, City Manager. 5. ADJOURNMENT Closed Session was adjourned at 5:59 p.m. 6:00 PM REGULAR SESSION 1. OPENING/CALL TO ORDER Mayor Murphy called the meeting to order at 6:10 p.m. 1.1 INVOCATION Given by Pastor Jonathan Reider from Friends Church Orange. 1.2 PLEDGE OF ALLEGIANCE Led by Mayor Mark A. Murphy. 1.3 ROLL CALL Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Absent: None 1.4 PRESENTATIONS/ANNOUNCEMENTS Friends of the Orange Public Library presentation to the Orange Public Library. Olive Pony Baseball Recognition. Council recognized Olive Pony 8U Division and Olive Pony 10U Division for winning the 2022 Pony World Series Championship. Proclamation recognizing October 9-15, 2022, as National Case Management Week. Proclamation recognizing National Hispanic Heritage Month. Councilmember Dumitru announced a Movie in the Park event on October 21 at 7:00 p.m. at El Camino Real Park. Councilmember Monaco announced the Treats in the Streets Autumn Festival event on October 27 from 4:00 to 7:00 p.m. in the Old Towne Orange Plaza. Mayor Murphy announced the Veterans Day Tribute on November 11 at 2:00 p.m. at Veterans Memorial Depot Park and Field of Valor at Handy Park November 5-November 12. 2. PUBLIC COMMENTS Public Speakers Diego Paz, Orange High School ASB Ambassador, introduced himself and announced the school was hosting its annual Panther Day of Service on January 14, 2023. Tim Smith discussed volunteer opportunities in the City of Orange. Peggy Calvert spoke about the Ukelele Soup Program at the Orange Public Library, and announced the next event is on Saturday, October 15 at 10:30 a.m. Page 2 of 12 City Council Minutes October 11,2022 The following expressed concerns with the homeless situation in the neighborhood near Hart Park: David Holtman, Jonathan Swaim, Tim Colicchio, Dan Gibb, and Tony Trabucco. The following spoke in opposition of a proposed cemetery near Palmyra Avenue: Bernie Galasso, Greg Baker, Alan Kinkaid, Bill Vaughter, and Caren Wolf. Jake Corner addressed the effects of climate change and encouraged the City to develop a Climate Action Plan. Johanna Speiser discussed the efforts of Fridays for Future OC, and encouraged the City to develop a Climate Action Plan. Dennis Fulton spoke about the street sweeper leaving a trail of oil in the street. Alexis Hernandez addressed the effects of climate change and encouraged the City to develop a Climate Action Plan. Sunny expressed appreciation for community events. Pat Buttress announced the Orange Rotary Ribfest on Sunday, October 16. Dave Casselman commented on illegal fireworks and the need for open space. Written Public Comment Janice Brownfield emailed about climate change and Senate Bill 1383. Andrew Chan emailed about climate change and Senate Bill 1383. 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. Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.2. Confirmation of warrant registers dated September 1, 9, 15, 23, and 29, 2022. ACTION: Approved. 3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on September 13, 2022, and Adjourned Regular Meeting held on September 27, 2022. ACTION: Approved minutes as presented. Page 3 of 12 City Council Minutes October 11,2022 3.4. Agreement with Robertson Industries, Inc. for maintenance and repair of rubberized play surface material for tot lots in four City parks. ACTION: Approved agreement with Robertson Industries, Inc. in an amount of $80,625 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5. Affordable Housing Agreement between the City of Orange and Mercy Housing California 107, L.P. (Relates to Agenda Item 8.3) Written Public Comments Susan Perks, Orange County United Way, emailed in support of the Villa St. Joseph project. Lawrence Armstrong, Orange County United Way, emailed in support of the Villa St. Joseph project. ACTION: 1) Approved the Affordable Housing Agreement between the City of Orange and Mercy Housing California 107, L.P. and authorized the Mayor and City Clerk to execute on behalf of the City; 2) Authorized the appropriation of $576,000 from the Low and Moderate Income Housing Asset (921) unreserved fund balance to expenditure account number 921.9810.56571.30210 - Rehab/Dev Loans - Villa St. Joseph; 3) Authorized the appropriation of $372,756 from Affordable Housing (916) unreserved fund balance to expenditure account number 916.9810.56571.30210 - Rehab/Dev Loans - Villa St. Joseph; and 4) Authorized the City Manager to make minor language changes to agreement, related attachments, and documents if needed and execute on behalf of the City. 3.6. Historic Property Preservation Agreements (Mills Act Contracts) for six qualified historic properties. Speaker cards were submitted for Item 3.6; therefore, the item was removed from the Consent Calendar for separate consideration. Public Speakers The following spoke in opposition to the Mills Act applications submitted for the properties at 515 S. Grand and 529 S. Grand: Mark Wallace, Sue Vaurs, John Goode, Annalisa Goode, Diana Zdenek, Gary Zdenek, Patty Ricci, and Tony Trabucco, representing OTPA. Council discussed the applications for the properties at 515 S. Grand and 529 S. Grand. Staff clarified that the properties are zoned R2 allowing development on those properties by right. Council also discussed the property at 154 N. Shaffer. Staff was directed to return with additional information for Mills Act Contracts 413.0-22, 414.0-22, and 418.0-22. Council also requested a report identifying the discretion Council has, if any, in approving or denying Mills Act Contracts. ACTION: A motion was made by Councilmember Monaco, seconded by Mayor Murphy, to approve Mills Act Contracts 415.0-22, 416.0-22, and 417.0-22 between the City of Orange and the identified property owners for the preservation and rehabilitation of qualified historic properties and authorize the Mayor and City Clerk to execute on behalf of the City; and to continue Mills Act Contracts 413.0-22, 414.0-22, and 418.0-22 to a future meeting. The motion carried by the following vote: Page 4 of 12 City Council Minutes October 11,2022 Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None Absent: None 3.7. First Amendment to the Agreement with Gillis & Panichapan Architects, Inc. for the Corporation Yard Renovations Project. ACTION: Approved the first amendment with Gillis & Panichapan Architects, Inc. in the amount of $49,565 for additional design services for the Corporation Yard Renovations Project, and authorized the Mayor and City Clerk to execute on behalf of the City. 3.8. Second Amendment to the Agreement with Merchants Building Maintenance, LLC, for additional custodial services. ACTION: 1) Approved the amendment with Merchants Building Maintenance, LLC. In the amount of $24,149.04 for custodial services and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of 24,149.04 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - 517 W. Struck Transition. 3.9. Appropriation of $40,887.28 in State of California Office of Emergency Services funding received. ACTION: 1) Accepted into the City's revenue budget $40,887.28 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into revenue account number 100. 3024.48212.40301, Reimbursement from Cal EMA. 2) Authorized the appropriation of $40,784.19 into expenditure account number 100. 3024.50221.40284, Overtime-Safety. 3) Authorized the appropriation of $103.09 into expenditure account number 100.3024.53860.40284, Strike Team Expenditures. 3.10. Appropriation of $30,000 in designated donation funding received from the Friends of the Orange Public Library. ACTION: 1) Accepted into the City's budget a $30,000 donation from Friends of the Orange Public Library into revenue account number 100.2001.48390.19990, General Fund - Friends of the Library. 2) Authorized the appropriation of $30,000 into the following expenditure account numbers in the General Fund for Friends of the Orange Public Library: 2,200 100.2001.53011.19990 Employee Appreciation 3,000 100.2001.53301.19990 Library Books 10,750 100.2001.55131.19990 Furniture, Machinery, and Equipment 5,300 100.2014.53340.19990 Craft Supplies 2,750 100.2016.53340.19990 Craft Supplies 6,000 100.2017.53340.19990 Craft Supplies 3.11. Appropriation of $30,487 in designated grant funding received from California Library Literacy Services. ACTION: 1) Accepted into the City's revenue budget a $30,487 grant from California Library Literacy Services, into revenue account number 100.2001.45290.30190, General Fund - California Library Literacy Services Grant. 2) Authorized the appropriation of $30,487 to California Library Literacy Services Grant into the following expenditure account numbers: Page 5 of 12 City Council Minutes October 11,2022 20,000 100.2001.50312.30190 Part-time Misc. Salaries 10,487 100.2001.53001.30190 Materials and Supplies 3.12. Appropriation of $55,594.87 from the Old Towne West Metrolink Parking Structure parking revenue collected during the Orange International Street Fair to be used for maintenance costs. ACTION: 1) Accepted into the City's revenue budget $55,594.87 in Metrolink Parking Structure funds from the parking fees into revenue account 100.0000.48380.17006, General Fund - Street Fair Metrolink Parking. 2) Authorized the appropriation of $55,594.87 into expenditure account number 100.5028.51450.20421, General Fund - Other Maintenance Metrolink Parking Structure. 3.13. Claims for Damages. ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster: 1. Smoketree Orange HOA 2. Kimberly Barbara Lizotte 3. Lori Bauman 3.14. Award of Contract to Paint & Decor, Inc. for Orange Library Interior Facility Rehabilitation; Bid No. 22-23.08. ACTION: 1) Authorized the appropriation of $115,000 from the Library Facility Fees unreserved fund balance to expenditure account number 573.5028.56020.20461, Library Facility Fees - Main Library Facility Improvements. 2) Approved the contract with Paint & Decor, Inc. in the amount of $848,585, representing an original bid amount of $737,900, plus a 15% contingency of $110,685 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.15. Award of Contract to Commercial Interior Resources for Carpet Replacement at City Hall Public Works and Community Development Departments and at the Orange Police Department. ACTION: Approved the contract with Commercial Interior Resources for $241,616 to furnish and install new carpet and authorized the Mayor and City Clerk to execute on behalf of the City. 3.16. Award of Contract to Hardy & Harper, Inc. for Cannon Street at Serrano Avenue Intersection Improvements; Bid No. 22-23.05. ACTION: 1) Authorized the appropriation of $631,814 from the Reimbursable Capital Projects unreserved fund balance to expenditure account number 550.5011.56330.20383 Cannon & Serrano Intersection Modification; 2) Accepted into the City's revenue budget $631,814 in grant funds from the OCTA's Comprehensive Transportation Funding Program; and 3) Approved the contract with Hardy & Harper, Inc. in the total amount of $759,000, representing the bid amount of $690,000 plus a 10% contingency of $69,000, for Cannon Street at Serrano Avenue Intersection Improvements, and authorized the Mayor and City Clerk to execute on behalf of the City. Page 6 of 12 City Council Minutes October 11,2022 3.17. Authorize purchase of vehicles and equipment for various departments using a Cooperative Purchasing Agreement. ACTION: 1) Approved the purchase of one Ambulance from Red Sky Emergency Vehicles for $445,082; 2) Approved the purchase of four Post Rotary Hoists for a total of $52,609; and 3) Authorized the donation of the existing fleet hoists to Queretaro, Mexico. 3.18. Authorize purchase of security platform equipment and services from Siemens Industry, Inc. for Fiscal Year 2022-2023. ACTION: Approved the purchase of security platform equipment and services from Siemens Industry, Inc. for$30,000 for Fiscal Year 2022-2023. 3.19. Support for ballot measure to strengthen local planning authority. Resolution No. 11414. ACTION: Adopted Resolution No. 11414. A Resolution of the City Council of the City of Orange supporting the League of California Cities to support a ballot measure to strengthen local planning authority. 3.20. City of Orange Conflict of Interest Code amendment. Resolution No. 11415. Entered into the record: revised Exhibit A to Resolution No. 11415 adding Building and Safety Manager as a designated position. ACTION: Adopted amended Resolution No. 11415. A Resolution of the City Council of the City of Orange adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. 3.21. Approval of tax exchange agreement with the City of Anaheim as part of a reorganization of city boundaries. Resolution No. 11418. ACTION: Adopted Resolution No. 11418. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11349 and approving a property tax exchange agreement between the City of Anaheim and the City of Orange regarding the Santa Ana River reorganization (areas 1, 1A, 2, 3 and remaining areas) No. RO 20-06 and determining said actions are exempt from the California Environmental Quality Act Pursuant to Section 15301 (Class 1, existing facilities). Approval of the Consent Calendar Item 3.6 was removed from the Consent Calendar and heard separately. All other items were approved as recommended. - 1/ A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to approve the Consent Calendar. The motion carried by the following vote: Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None Absent: None END OF CONSENT CALENDAR RECESS: The City Council recessed at 8:14 p.m. and reconvened at 8:27 p.m. with all Members'present. Page 7 of 12 City Council Minutes October 11,2022 4. REPORTS FROM MAYOR MURPHY Mayor Murphy announced that Measure M2 contracts managed through OCTA passed 1 billion of benefits to the County of Orange mobility programs, with $5 million going to the City of Orange this year and $70 million overall. 5. REPORTS FROM COUNCILMEMBERS Councilmember Gutierrez Councilmember Gutierrez highlighted the following local business: Tacos Los Reyes. In addition, she announced Santiago Canyon College is hosting a traveling exhibit: A Class Action - The Grassroots Struggle for School Desegregation in California. The exhibit will remain on display through December 9. Councilmember Barrios Councilmember Barrios requested an update on code enforcement staffing and authority. Councilmember Tavoularis Councilmember Tavoularis announced the second ad hoc meeting for the North Tustin revisioning plan is scheduled for Wednesday, October 26 at 5:30 p.m. in the Council Chamber. Councilmember Monaco Councilmember Monaco requested a report on the City's nepotism policy. 6. ADMINISTRATIVE REPORTS 6.1. Proposed Permit Parking Opportunity Areas. A motion was made by Councilmember Monaco, seconded by Councilmember Barrios, to adopt the parking opportunity areas 1 through 5 as described below. The motion carried by the following vote: Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None Absent: None Permit Parking Opportunity Area 1 Generally bounded by Sycamore Avenue to the north, Main Street to the east, 22 Freeway to the south, and 57 Freeway to the west. It is comprised of a very diverse land use mix, including high and medium density mutli-family housing, and commercial retail along Chapman Avenue and Main Street. It is also adjacent to El Camino Park. Contained within are permit parking Areas "E", "N" and "S." Permit Parking Opportunity Area 2 Generally Bounded by the Santiago Creek Trail to the north, the 22 Freeway to the South, Tustin Street to the east and Glassell Street to the west. The area is in very close proximity to high-density multi-family housing, and nearby streets are often observed to be parked almost"bumper-to-bumper." Page 8 of 12 City Council Minutes October 11,2022 Permit Parking Opportunity Area 3 Generally bounded by Walnut Avenue to the north, the Orangewood Villa Apartments to the south, the 55 Freeway to the east and Wayfield Street to the west. The area is sandwiched between the freeway and high-density multi-family housing and in close proximity to the Tustin Street commercial corridor. Nearby and to the north are Permit Parking Areas "V" and "W." Permit Parking Opportunity Area 4 Bounded by a flood control channel/SoCal Edison Easement to the north, multi-family housing and the Katella Plaza to the south, Cambridge Street to the east and the Lantern Bay Apartments to the west. This area is very close to Permit Parking Area "B" and contains within it Permit Parking Area "H." Permit Parking Opportunity Area 5 Bounded by Meats Avenue to the north, Del Mar Avenue to the south, Greengrove Street to the east, and Cambridge Street to the west. This area is adjacent to high-density multi-family housing, near the Tustin Street corridor and across the street from The Village. 6.2. Update on the City's Short Term Rental Program. Assistant City Manager/Administrative Services Director Will Kolbow provided the staff report and answered Council's questions regarding the types of violations and issues being reported. Council discussed using the TOT tax revenues to help fund the program. With Council consensus, staff was directed to return with a report on expanding the number of Short Term Rental Program permits issued. A motion was made by Councilmember Barrios, seconded by Councilmember Tavoularis, to receive and file the report. The motion carried by the following vote: Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None Absent: None 6.3. Financial status update for Fiscal Years 2021-2022 and 2022-23. Written Public Comment Investment and Audit Committee Member Jordan Preli submitted an eComment with questions for staff. A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to receive and file the report. The motion carried by the following vote: Ayes: Noes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy None Absent: None 6.4. Agreement with Townsend Public Affairs, Inc. for grant writing and legislative advocacy services. Councilmember Barrios recused herself due to a potential conflict with employment. and left the dais at 9:23 p.m. Page 9 of 12 City Council Minutes October 11,2022 Entered into the record: additional information about Townsend Public Affairs highlighting their recent successes at the federal and state level. A motion was made by Councilmember Dumitru, seconded by Councilmember Monaco, to approve agreement with Townsend Public Affairs, Inc. in the amount of 96,000 for legislative advocacy and grant writing services and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote: Ayes: Nichols, Monaco, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None Absent: None Recused: Barrios Councilmember Barrios returned to the dais at 9:27 p.m. 7. REPORTS FROM CITY MANAGER None 8. PUBLIC HEARINGS 8.1. Public Hearing to consider adoption of the 2022 California Building Codes. Resolution No. 11416 and Ordinance No. 06-22. Mayor Murphy opened the Public Hearing at 9:28 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 9:28 p.m. A motion was made by Mayor pro tern Nichols, seconded by Councilmember Dumitru, to: 1) Adopt Resolution No. 11416. A Resolution of the City Council of the City of Orange setting forth findings with respect to local climatic and geographic conditions justifying amendments to the 2022 California Building Code, the 2022 California Residential Code, and the 2022 California Electrical Code; and 2) Introduce and conduct First Reading of Ordinance No. 06-22. An Ordinance of the City Council of the City of Orange amending Titles 12, 13, and 15 of the Orange Municipal Code adopting and amending the 2022 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes. The motion carried by the following vote: Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None Absent: None 8.2. Public Hearing to consider adoption of the 2022 Edition of the California Fire Code amending Title 15 of the Orange Municipal Code. Resolution No. 11417 and Ordinance No. 07-22. Mayor Murphy opened the Public Hearing at 9:30 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 9:30 p.m. A motion was made by Councilmember Monaco, seconded by Councilmember Gutierrez, to: 1) Adopt Resolution No. 11417. A Resolution of the City Council of the City of Orange setting forth findings with respect to local conditions within the City of Orange justifying modifications and changes to the California Fire Code; and 2) Page 10 of 12 City Council Minutes October 11,2022 Introduce and conduct First Reading of Ordinance No. 07-22. An Ordinance of the City Council of the City of Orange deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code. The motion carried by the following vote: Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None Absent: None 8.3. Continued Public Hearing to consider amendment to the Fiscal Year 2022-2023 Annual Action Plan to allocate HOME Investment Partnership funds to the Villa St. Joseph Affordable Housing project and approval of the preliminary award letter of HOME Investment Partnership funds to assist with gap funding needed to close on construction financing. (Continued from September 13, 2022) Relates to Agenda Item 3.5) Mayor Murphy opened the Public Hearing at 9:32 p.m. Written Public Comments Susan Perks, Orange County United Way, emailed in support of the Villa St. Joseph project. Lawrence Armstrong, Orange County United Way, emailed in support of the Villa St. Joseph project. Mayor Murphy closed the Public Hearing at 9:32 p.m. A motion was made by Councilmember Monaco, seconded by Councilmember Barrios, to: 1) Approve the submittal of the amended Fiscal Year 2022-2023 Action Plan to the U.S. Department of Housing and Urban Development for the allocation of HOME funds to the Villa St. Joseph Affordable Housing Project. 2) Authorize the appropriation of $127,487 from HOME (317) unreserved fund balance to 317.9661.56571.30210 - Rehab/Dev Loans -Villa St. Joseph. 3) Authorize the transfer of $523,757 from expenditure account number 317.9660.56510.11250 - HOME Developer Projects to expenditure account number 317.9660.56571.30210 Rehab/Dev Loans -Villa St. Joseph. 4) Authorize the City Manager to execute the preliminary award letter of $651,244 in HOME Investment Partnerships funds for the Villa St. Joseph Affordable Housing Project and for all Department of Housing and Urban Development documents related to this commitment. 5) Authorize the City Manager to make minor language changes or adjustments to commitment letter, agreement, and related documents if needed and execute on behalf of the City. The motion carried by the following vote: Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy Noes: None Absent: None Page 11 of 12 City Council Minutes October 11,2022 9. ADJOURNMENT There being no further business, the meeting was adjourned at 9:35 p.m. to a meeting on Tuesday, October 25, 2022, at 4:30 p.m. in the Council Chamber. PAMELA COLEMAN MARK A. MURPHY CITY CLERK MAYOR I Page 12 of 12