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Council Minutes 02/09/16APPROVED BY THE CITY COUNCIL ON MARCH 8, 2016 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES FEBRUARY 9, 2016 The City Council of the City of Orange, California convened on February 9, 2016, at 6:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 6:00 P.M. SESSION 1. OPENING This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:02 p.m. 1.1 INVOCATION Given by Pastor Bill Johnson from the First United Methodist Church of Orange. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Mark Murphy. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Retirement recognition of William Vanderwerff, East Orange County Water District, Board of Directors. Mayor Smith announced various programs taking place at the Orange Public Library during the upcoming months. 2. PUBLIC COMMENTS Charlene Montez — Alzheimer's Orange County, announced that the local organization has split from the national organization and they are looking to expand their services in the area. CITY COUNCIL MEETING MINUTES 3. CONSENT CALENDAR ORANGE, CALIFORNIA FEBRUARY 9, 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 January 7, 14, 21, and 28, 2016. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of January 12, 2016. (C2500.D.4) NOTE: Councilmember Nichols recorded an abstention due to her absence from the January 12, 2016, meeting. ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Treasurer's Report for the Months of October, November, and December 2015. (C2500.F) ACTION: Received and filed. PAGE 2 CITY COUNCIL MEETING MINUTES 3. 3.5 CONSENT CALENDAR (Continued) APPROPRIATIONS ORANGE, CALIFORNIA FEBRUARY 9, 2016 Appropriation of Funds Received from the State of California. (C2500.H) ACTION: Accepted into the City's revenue budget a total reimbursement of $185,949.81 in payments from the State of California into account number 100.3021.48212 - Reimbursement from O.E.S, within the following project numbers: Description of Incident Reimbursement Project Account Revenue Amount Lake Fire in San Bernardino County 40102 $65,025.08 Pine Fire 40103 7,287.71 Willow Fire 40104 20,684.57 Highway Fire 00000 12,383.58 Beaver Fire 00000 27,888.77 Mad River Complex 40105 46,097.13 Lake Fire 40102 6,579.97 Authorized the appropriation into expenditure account number 100.3021.53860 — Strike Team Expenditures, within the project numbers and amounts as follows: Description of Expenditure Project Account Expenditure Amount Lake Fire in San Bernardino County 40102 $65,025.08 Pine Fire 40103 7,287.71 Willow Fire 40104 20,684.57 Highway Fire 00000 12,383.58 Beaver Fire 00000 27,888.77 Mad River Complex 40105 46,097.13 Lake Fire 40102 6,579.97 PAGE 3 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES FEBRUARY 9, 2016 3. CONSENT CALENDAR (Continued) 3.6 Appropriation of $44,817.72 in revenue from a Variety of Sources: Park and Facilities Maintenance and Renovation at El Modena, Olive and Grijalva Parks; Orange Community Gardens; Special Event Donations; and from the Metropolitan Water District SoCal Water Smart Rebate program. (C2500.N) ACTION: 1) Authorized the appropriation of $9,742.72 from Revenue Account 100.7001.42480.00000 (User Group Maintenance Fees) to Expenditure Account 100.7022.51700.00000 (Contractual Services); 2) Authorized the appropriation of $3,025.00 from Revenue Account 100.7001.44210.20227 (Garden Plots) to Expenditure Account 100.7001.51700.20227 (Garden Plots); 3) Authorized the appropriation of $600.00 from General Fund unreserved fund balance to Expenditure Account 100.7001.51700.20227 (Garden Plots); 4) Authorized the appropriation of $10,000.00 from Revenue Account 100.7001.48390.00000 (General Donations) to Expenditure Account 100.7015.51780.00000 (Other Contractual Services); and 5) Authorized the appropriation of $21,450.00 from Revenue Account 550.7021.48380.30047 (Miscellaneous Revenue — Calsense Installation) to Expenditure Account 550.7021.56031.30047 (Calsense Installation). BIDS 3.7 Bid No. 156 -28; Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations Project (FY16) — Approval of plans and specifications, authorization to advertise bids for construction. (S4000.S.3.2) ACTION: Approved plans and specifications and authorized advertising for bids for the (FYI 6) CDBG ADA Wheelchair Access Ramps at Various Locations. 3.8 Bid No. 156 -30; Annual Pavement Maintenance at Various Locations, Fiscal Year 2015 -2016. Approval of Plans and Specifications and Authorization to Advertise for Bids. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for the Annual Pavement Maintenance Project at Various Locations, (FYI 6). PAGE 4 CITY COUNCIL MEETING MINUTES 3. 3.9 CONSENT CALENDAR (Continued) CLAIMS (C3200.0) ORANGE, CALIFORNIA FEBRUARY 9, 2016 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. Kevin Bofferding and Belinda Bofferding b. Richard Brandt C. Mark Bryan d. Elizabeth Corbett e. Monica S. Tapia f. Robert and Cheryl Dickey g. Florence Ann Geisweidt h. Benjamin Brukardt i. Kody Farrel j. Sandra Helmich ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.10 Award of Contract — Bid No. 156 -16; Lincoln Avenue Improvements Project (SP- 3835). (A2100.0 Agr -6310) ACTION: Awarded the contract in the amount of $155,329 to Hillcrest Contracting, Inc. of Corona, CA and authorized the Mayor and City Clerk to execute on behalf of the City. 3.11 Award of Contract — Bid No. 156 -27; OCIAC Security Cameras and Access Control Installation Project. (A2100.0 Agr -6311) ACTION: Awarded the contract in the amount of $57,300.00 to Convergint Technologies, LLC and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.12 Final Acceptance of Bid No. 145 -22; Grijalva Park Exercise Circuit/Landscape Improvement performed by KASA Construction, Inc. and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -6196) ACTION: Accepted the completion of improvements and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 6 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES FEBRUARY 9, 2016 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.13 RESOLUTION NO. 10918 (SA1000.0) (See related Consent Calendar Item No. 03.19) A Resolution of the City Council of the City of Orange Authorizing the Acceptance of the Conveyance of Governmental Use Properties Conveyed by the Successor Agency of the Orange Redevelopment Agency pursuant to the Long Range Property Management Plan (the "LRPMP ") and taking certain related actions. ACTION: 1) Approved Resolution No. 10918, and 2) Authorized the Mayor (or in the Mayor's absence, the Mayor Pro Tem) to execute the certificate of acceptance pertaining to the related quitclaim deed(s). 3.14 RESOLUTION NO. 10920 (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. 10920 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 2016 -17. 3.15 RESOLUTION NO. 10921 (S4000.S.4) A Resolution of the City Council of the City of Orange Summarily Vacating the Public Service Easement (Slope Easement) along Easterly boundary of the property at 715 North Mallard Street which is no longer needed by the City. ACTION: Approved. 3.16 RESOLUTION NO. 10922 (A2100.0 Agr- 2763.A.2) A Resolution of the City Council of the City of Orange approving the revised effective date to an Amendment to the 2009 Waste Disposal Agreement with the County of Orange. ACTION: Approved. PAGE 6 CITY COUNCIL MEETING MINUTES 3. CONSENT CALENDAR (Continued) 3.17 RESOLUTION NO. 10923 (C2500.J.4.2.1) ORANGE, CALIFORNIA FEBRUARY 9, 2016 A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Orange Management Association Effective July 1, 2015, to June 30, 2017. ACTION: Approved Resolution No. 10923; and authorized staff to make the necessary budget adjustments and /or appropriations to the departments' salary and benefit accounts to fund the increased costs of the contract. 3.18 RESOLUTION NO. 10924 (C2500.J.4.5) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Orange Municipal Employees' Association Effective July 1, 2015, to June 30, 2017. ACTION: Approved Resolution No. 10924; and authorized staff to make the necessary budget adjustments and/or appropriations to the departments' salary and benefit accounts to fund the increased costs of the contract. 311 SUCCESSOR AGENCY TO THE ORANGE REDEVEOPMENT AGENCY 3.19 RESOLUTION NO. SAORA -021 (SA1000.0) (See related Consent Calendar Item No. 3.13) Resolution No. SAORA -021 — A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency authorizing the conveyance of certain governmental use properties to the City of Orange pursuant to the Long Range Property Management Plan ( "LRPMP ") and taking certain related actions. ACTION: Approved Resolution No. SAORA -021; and authorized the Chairperson, the Vice Chair and the Executive Director to execute one or more quitclaim deeds to complete the conveyance. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Councilmember Nichols recorded an abstention on Item 3.2. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR PAGE 7 CITY COUNCIL MEETING MINUTES 4. REPORTS FROM MAYOR SMITH — None 5. REPORTS FROM COUNCILMEMBERS — None ORANGE, CALIFORNIA FEBRUARY 9, 2016 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS 7.1 Status of Fiscal Year 2015 -2016 Budget and Necessary Mid -Year Adjustments and Preliminary Projections for Fiscal Year 2016 -2017 Budget Preparation. (C2500.J.1.1) Finance Director Will Kolbow presented the staff report and answered Council's questions. He explained that the City is experiencing a reduction in water revenue because of the water conservation taking place; however, there are also savings in expenditures because of it. Drought regulations will be in place until October 2016. There is also a reduction in sales tax revenue because of the decreasing gas prices. In response to Council's question regarding the Orange Police Department Lieutenant position, Police Chief Bob Gustafson replied that the supervisorial position is essential to the department organizational structure; and does not believe it will make the organization top- heavy. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Motion to: 1) Authorize the transfer of $1,500,000 from the unreserved fund balance of the General Fund to the Capital Projects Fund (500). 2) Authorize the transfer of $1,000,000 from the unreserved fund balance of the General Fund to the Accrued Liability Fund (760 for PERS). 3) Authorize the transfer of $1,500,000 from the unreserved fund balance of the General Fund to the Business Investment Fund (115). 4) Unfreeze a Lieutenant position in the Police Department and authorized the appropriation of $128,000 from the unreserved fund balance of the General Fund to expenditure account 100.4021.50001.00000, Police Safety- Regular Salaries to cover the remaining six months of FY 16. Full funding of approximately $260,000 will be included in the FY 17 budget. 5) Authorize the transfer of $110,000 from expenditure account 263.7041.51780.20212 — Sr. Transportation Grant 14 -15 to expenditure account 263.7041.51780.20235 — Sr. Transportation Grant 15 -16. 6) Authorize the appropriation of $970,000 from the Accrued Liability Fund (760 for PERS) unreserved fund balance to expenditure account 760.0000.5 05 10. 00000 — PERS Retirement. PAGE 8 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES FEBRUARY 9, 2016 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Strategies for Addressing Student Housing and Neighborhood Engagement Concerns. (A2500.0) City Manager Otto introduced the item and reported that staff has done an extensive amount of research over the last few months, as well as meeting with Chapman University and the downtown neighborhood, culminating in the options being presented to Council. City Attorney Winthers reviewed proposed changes to the existing party ordinance, as presented in the staff report, and answered Council's questions. Assistant Community Development Director Anna Pehoushek provided a staff report identifying a list of zoning strategies that address the student housing issue. Public Speakers Jack Raubolt, Chapman University — spoke about the positive impacts Chapman has had on the community. Adam Duberstein — opposes the "mini- dorms" that are emerging in the area. Joanne Coontz — encouraged Chapman University to enforce their student code of conduct. Brian Lochrie — thanked staff for their research, and thanked the Council and Chapman University for addressing these issues. Steve Lichten — spoke in support of staffs' recommendations. Sandy Quinn — spoke in support of staffs' recommendations. Judy Schroeder — spoke about the housing issue in Old Towne. Jim Karras — spoke in support of staffs' recommendations. Reggie Mundekis — opposes the "mini- dorms" that are emerging in the area. Kimberly Bottomley — spoke in support of the collaboration taking place with Chapman University. Discussion — Council was in agreement with the following proposed changes to the party ordinance as outlined in Al, A2, and A3 of the staff report: make attendance at an unruly party a violation subject to a misdemeanor citation; provide a private right of abatement, making landlords more accountable for their tenants actions; and impose additional fines and requirements on property owners, including liability for Police response costs and civil fines for continued violations. There was also concurrence to extend the second response violation date through June 30 of each year. There is some concern that some of these changes will require a great deal of staff time, making it imperative that Chapman University hold their students accountable for their actions. Mayor Smith recognized the Neighborhood Advisory Committee and acknowledged the progress that has already taken place since they have started meeting. During discussion about the student housing issues, item B in the staff report, Council requested that staff bring back information and strategies for regulating the mini -dorms that are emerging in the surrounding neighborhoods. PAGE 9 CITY COUNCIL MEETING MINUTES 7. ADMINISTRATIVE REPORTS (Continued) MOTION — Smith SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols ORANGE, CALIFORNIA FEBRUARY 9, 2016 Motion to direct staff to bring back amendments to the party ordinance with the suggested options of making attendance at an unruly party a violation subject to a misdemeanor citation; providing a private right of abatement, making landlords more accountable for their tenants actions; imposing additional fines and requirements on property owners, including liability for Police response costs and civil fines for continued violations; and extending the second response violation date through June 30, pending approval by the City Attorney; and receive and file the report. After further discussion, Council requested that staff bring back more information and language options for item A4 in the staff report (make unruly party properties ineligible to received Zoning or Building Permits for the creation of additional living space) and possible budget options for increasing code enforcement staff to enforce these options. City Manager Otto announced that the Neighbors of Chapman website has posted a 24- hour public safety dispatch number for residents to call with issues /concerns. 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 01-16 (SECOND READING) (Z1500.0) 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 — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 01 -16 be read by title only and same was approved and adopted by the preceding vote. PAGE 10 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES FEBRUARY 9, 2016 9. LEGAL AFFAIRS (Continued) 9.2 ORDINANCE NO. 02-16 (SECOND READING) (Z1500.0) 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 Designations, 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 — Nichols SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 02 -16 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 — None 12. ADJOURNMENT — The Council adjourned at 8:08 p.m. The next Regular City Council Meeting will be held on Tuesday, March 8, 2016, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. MA FU�RHY ITY CLERK TERESA E. SMITH MAYOR PAGE 11