Council Minutes 06/09/15APPROVED BY THE CITY COUNCIL ON JULY 14, 2015
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES
JUNE 9, 2015
The City Council of the City of Orange, California convened on June 9, 2015, at 4:00 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:00 P.M. SESSION
1. ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
2. ORAL COMMUNICATIONS — None
3. RECESS TO CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Laura Kalty, Special Counsel, Mike Harary, Assistant Human
Resources Director, Will Kolbow, Finance Director and Lisa
Kim, Economic Development Manager.
Employee Organizations: All bargaining groups.
4. ADJOURN TO REGULAR MEETING — At 6:13 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, June 9, 2015, in the Council Chambers.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Rick Olsen, Beacon Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mark A. Murphy.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
JUNE 9, 2015
Mayor Smith announced that personalized bricks can be purchased from the Community
Services Department for placement at the Hart Park Bandshell.
Mayor Smith announced the 3` of July celebration at Fred Kelly Stadium.
Mayor Smith announced the Concerts in the Park series at Hart Park every Wednesday
evening beginning on June 24, 2015.
Presentation of a Military Banner to Michael Paulsen.
Presentation of a Retirement Resolution for Pat Buttress, Orange Planning Commissioner.
Memorial Adjournment for Jo Barrera, wife of Mayor Pro Tem Emeritus Fred Barrera.
2. PUBLIC COMMENTS
Brian Lochrie — spoke in opposition to the proposed changes to the Chapman University
Specific Plan.
Nancy Collins — spoke in opposition to the proposed changes to the Chapman University
Specific Plan.
Brian Weitz — spoke in opposition to the proposed changes to the Chapman University
Specific Plan.
PAGE 2
CITY COUNCIL MINUTES
2.
3.
3.1
3.2
3.3
3.4
3.5
PUBLIC COMMENTS (Continued)
JUNE 9, 2015
Carol Kennedy — spoke in opposition to the proposed changes to the Chapman University
Specific Plan.
Aaron Shahrestani — spoke regarding concerns related to soccer programs in Orange.
Janet Offhaus — spoke regarding mobile home park space rent increases and the need for
affordable housing protections in the City of Orange.
Judy Schroeder — spoke in opposition to the proposed changes to the Chapman University
Specific Plan.
Arianna Barrios — spoke in opposition to the proposed changes to the Chapman University
Specific Plan.
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.
Confirmation of warrant registers dated, May 7, 14, 21, and 28, 2015.
ACTION: Approved.
City Council Minutes, Regular Meeting of May 12, 2015. (C2500.D.4)
ACTION: Approved.
Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
Investment Oversight Committee Report for the period ending May 31, 2015.
(OR1800.0.27.16)
ACTION: Received and filed.
City of Orange "Standards of Cover Assessment 2015" study conducted by Citygate
Associates, LLC on behalf of the Orange City Fire Department. (C2500.H)
ACTION: Received and filed.
PAGE 3
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 9, 2015
3.6 Approval of expenditure for City of Orange Fire Department's Strategic Plan.
(C2500.A.2)
ACTION: 1) Approved the expenditure for the Fire Department's Strategic Plan to be
performed on a sole source basis by Citygate Associates, LLC; and 2) Authorized the
purchase of the Strategic Plan study from expenditure account 100.3011.51670.00000
(Other Professional and Consulting Services) in the amount of $49,360.
AGREEMENTS
3.7 Agreement with California Forensic Phlebotomy (CFP), Inc. to take evidence in
incidents that involve DUI and drugs for the Police Department.
(A2100.0 Agr- 1626.R)
ACTION: Approved the Consultant Services Agreement between the City of Orange and
CFP in an amount not to exceed $100,000 and authorized the Mayor and the City Clerk to
execute on behalf of the City.
3.8 Agreement with TriTech Software Systems (formerly VisionAIR) for software
upgrades and maintenance for the Police Department's computer -aided dispatch and
records management system (CADIRMS). (A2100.0 Agr- 3217.N)
NOTE: Councilmember Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Approved the Consultant Services Agreement between the City of Orange and
TriTech Software Systems in the amount of $103,068.58 and authorized the Mayor and the
City Clerk to execute on behalf of the City.
3.9 Agreement with Judicial Data Systems Corporation (JDS) for parking citation
processing for the Police Department. (A2100.0 Agr - 3553.0)
NOTE: Councilmember Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Approved the Consultant Services Agreement between the City of Orange and
JDS in an amount not to exceed $50,000 and authorized the Mayor and the City Clerk to
execute on behalf of the City.
3.10 Agreements with County of Orange for Provision of Point of Dispensing (POD) Site
Equipment Services and Provision of Point of Dispensing Site Services. (A2100.0 Agr -
6229)
ACTION: When received from the County, approve the Agreements between the City of
Orange and County of Orange Provision of Point of Dispensing (POD) Site Equipment
Services and Provision of Point of Dispensing Site Services and authorized the Mayor and
the City Clerk to execute the agreement on behalf of the City.
PAGE 4
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 9, 2015
3.11 Affordable Housing Loan Agreement by and between the City of Orange and Lemon
Grove, LP Relating to 1148 North Lemon Street. (A2100.0 Agr -6230)
ACTION: 1) Approved Resolution No. 10869 - A Resolution of the City Council of the
City of Orange Approving an Affordable Housing Loan Agreement by and between the
City of Orange and Lemon Grove, LP relating to 1148 North Lemon Street and Making
Certain Findings; and 2) Authorized the City Manager to execute the Agreement and all
related documents on behalf of the City.
3.12 Agreement with Willdan Financial Services to perform special district
administration, delinquency management, arbitrage rebate, and municipal disclosure
services. (A2100.0 Agr- 5596.A)
NOTE: Councilmember Nichols recorded an abstention due to a nearby property interest.
ACTION: Approved and authorized the Mayor and City Clerk to execute the agreement
with Willdan Financial Services on behalf of the City.
3.13 Second Amendment to SirsiDynix Migration to Unicorn Software License and
Purchase Agreement (AGR #4384) for maintenance support of SirsiDynix online
library catalog software. (A2100.0 Agr- 4384.A.2))
NOTE: Councilmember Murphy recorded an abstention due to a potential conflict of
employment.
ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute
on behalf of the City.
BIDS
3.14 Bid No. 145 -37; Sewer Line Cleaning and Video Inspection, rejection of all bids.
(C2500.M.3)
ACTION: 1) Rejected all bids received; and 2) Authorized staff to re- advertise this project
with a reduced scope of work.
3.15 Bid No. 145 -52; Bus Stop Enhancements at Seven Locations Citywide Project,
rejection of all bids. (S4000.S.3.1.4)
ACTION: 1) Rejected all bids received; 2) Accepted into the City's revenue budget a
$145,446 grant from Orange County Transportation Authority (OCTA) into revenue
account number 550.5011.45110.30076 Bus Stop Enhancements; and 3) Authorized the
appropriation of $145,446 into expenditure account number 550.5011.56100.30076 for the
Bus Stop Enhancements.
PAGE 5
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 9, 2015
3.16 Bid No. 145 -57; Drought Resistant Landscape Renovation of the Water Plant
Headquarters and South Yard (W -673); and approval of plans and specifications and
authorization to advertise for bids. (C2500.M)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Drought Resistant Landscape Renovation for Water Plant Headquarters and South yard
Project (W -673).
3.17 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. Thomas James Dawkins, Jr.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.18 Award of Contract - Bid No. 145 -53; Sewer Line Replacement at Various Locations
Project, FY 2014 -15. (A2100.0 Agr -6231)
ACTION: 1) Approved Vasily Company, Inc. of Shadow Hills withdrawal bid request;
and 2) Accepted the next lowest bid, and awarded the contract to Vasiy, Inc. of Irwindale,
California, in the amount of $1,043,300 and authorized the Mayor and City Clerk to
execute the contract on behalf of the City.
3.19 Award of Contract - Bid No.145 -39; Well No. 27 Equipping Plan (W -659).
(A2100.0 Agr -6232)
ACTION: 1) Transferred $300,000.00 from Account No. 600.8011.56411.18120 (Well 28
Construction) to Account No. 600.8011.56411.18119 (Well 27 Construction); 2)
Authorized the appropriation of $200,000.00 from the Water Fund Unreserved Fund
Balance to Account No. 600.8011.56411.18119 (Well 27 Construction); and 3) Awarded
a contract in the amount of $2,244,587.00 to Cora Constructors, Inc. and authorized the
Mayor and City Clerk to execute the necessary documents on behalf of the City.
3.20 Final Acceptance of Bid No. 145 -03; Glassell St. and Palm Ave. Intersection Traffic
Signal Installation project performed by Elecnor Belco Electric, Inc., and
authorization to file the Notice of Completion with the County Recorder. No staff
report required.) (A2100.0 Agr -6169)
ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit
Co. of Maryland Bond No. PRF9172210 in the amount of $293,000.00 to the contractor
on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion.
PAGE 6
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 9, 2015
3.21 Contract Change Order No. 2 and Final for Agreement No. 6168; Installation of
network cabling for Civic Center Administration, Public Works, Community
Services, Corporation Yard Fleet, and other City off - campus buildings Project.
(A2100.0 Agr -6168)
ACTION: Approved Contract Change Order No. 2 and Final in the amount of $11,500 to
GA Technical Services, Inc.
PURCHASES
3.22 Purchase of Winchester Law Enforcement ammunition from Dooley Enterprises, Inc.
as a sole source vendor for fiscal year 2015 -16. (C2500.K)
ACTION: Authorized the purchase of Police Department ammunition from Dooley
Enterprises, Inc. in the amount of $70,000 for fiscal year 2015 -16.
3.23 Purchase of Police Department uniforms and accessories from Keystone Uniforms
OC through a cooperative purchasing agreement for fiscal year 2015 -16. (C2500.K)
ACTION: Authorized purchase of Police Department uniforms from Keystone Uniforms
OC in the amount of $90,000.
3.24 Approve the purchase of two aerial lift trucks for a total amount of $291,007.20.
(C2500.M)
ACTION: Authorized the purchase of two aerial lift trucks from Altec Industries, Inc. and
authorized the City Manager to surplus the replaced vehicles.
RESOLUTIONS
3.25 RESOLUTION NO. 10866 (OR1800.0.27.16.2)
A Resolution of the City Council of the City of Orange approving and adopting a Statement
of Investment Policy for Fiscal Year 2015 -16.
ACTION: Approved.
3.26 RESOLUTION NO. 10872 (C2500.M)
A Resolution of the City Council of the City of Orange authorizing an application for funds
for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local
Transportation Ordinance No. 3 for installation of a Bio Clean Hydrodynamic Separator
Unit and Connector Pipe Screens.
ACTION: Approved.
PAGE 7
CITY COUNCIL MINUTES JUNE 9, 2015
3. CONSENT CALENDAR (Continued)
3.27 RESOLUTION NO. 10873 (C2300.E)
A Resolution of the City Council of the City of Orange concerning the status of the
Circulation and Mobility Element and Mitigation Fee Program for the City of Orange.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.28 RESOLUTION NO. 10874 (C2500.G.2.5.2)
A Resolution of the City Council of the City of Orange expressing appreciation and
commending Patricia "Pat" Buttress for four and one -half years of dedicated service to the
Planning Commission.
NOTE: Item 3.28 was removed from the Consent Calendar and approved prior to
Presentations.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution 10874.
SPECIAL EVENTS
3.29 Request to close the Orange Public Libraries to accommodate various events and
holidays in FY 2015 -16. (C2500.I)
ACTION: Approved the closure of the Orange Public Library & History Center (OPL &
HC) and the two branches (Taft & El Modena) as follows:
Friday & Saturday, July 3 d & 4th (all branches closed); Friday, September 4 (OPL & HC
closed from 2:30 - 6 p.m.); Saturday, September 5 th (OPL & HC closed all day); and
Monday, January 18 (all branches closed all day).
MOTION
— Alvarez
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Murphy recorded an abstention on Items 3.8, 3.9, and 3.13.
Councilmember Nichols recorded an abstention on Item 3.12. Item 3.28 was removed from
the Consent Calendar and approved prior to Presentations. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
PAGE 8
CITY COUNCIL MINUTES JUNE 9, 2015
4. REPORTS FROM MAYOR SMITH
4.1 Appointment(s) to the City of Orange Planning Commission.
Councilmember Murphy recommended appointing Doug Willits to fill Pat Buttress'
unexpired term to the Planning Commission.
MOTION
— Murphy
SECOND
— Smith
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to appoint Doug Willits to the City of Orange Planning Commission.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Alvarez reported that he attended the International Council of Shopping
Center Developers (ICSC) Show; the malls and shopping centers in Orange are doing very
well; and the City is working with Costco to bring a store to Orange.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept the Resignation of William Steiner from the Planning Commission, Effective
June 30, 2015; Post Vacancy Notice Pursuant to the Maddy Act.
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to accept the resignation of William Steiner from the Planning Commission
effective June 30, 2015, and post the Notice of Vacancy.
7. ADMINISTRATIVE REPORTS
7.1 Resolution of Support for a Year - Around Homeless Emergency Shelter and Multi
Service Center for North Orange County. (C2500.E)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest
and left the dais.
PAGE 9
CITY COUNCIL MINUTES JUNE 9, 2015
7. ADMINISTRATIVE REPOPRTS (Continued)
Public Speakers
The following all spoke in opposition to the proposed shelter:
Chris Vance
Michael Chew
Karen McMahon
Tim Nichelson
William Abbott
Discussion — Council discussed how the shelter is proposed to be a multi - service center;
the location is an industrial area zoned for this purpose with the freeway acting as a natural
barrier; and the proposed shelter is still in the early planning stages. Council asked staff to
facilitate providing the community with information regarding the proposed shelter
including the community town hall meeting dates and locations. Interim City Manager
Otto stated that staff would post information as it became available.
RESOLUTION NO. 10875
A Resolution of the City Council of the City of Orange offering support for the County of
Orange's efforts to develop a year -round homeless emergency shelter and multi - service
center for North Orange County.
MOTION — Whitaker
SECOND — Smith
AYES — Whitaker, Smith, Murphy, Nichols
ABSENT (RECUSED) — Alvarez
Moved to approve Resolution No. 10875.
NOTE: Councilmember Alvarez returned to the dais at 8:06 p.m.
8. REPORTS FROM CITY MANAGER
8.1 Irvine Ranch Water District (IRWD) application to Local Agency Formation
Commission (LAFCO) regarding provisions for Sewer Service in the City of Orange
Sphere of Influence specifically Orange County Sanitation District (OCSD) Area 7.
(OC1300.G.3)
Public Speaker
Lisa Ohlund, East County Water District — requested that Council only support the East
Orange County Water District application.
PAGE 10
CITY COUNCIL MINUTES JUNE 9, 2015
8. REPORTS FROM CITY MANAGER (Continued)
Discussion — Mayor pro tem Whitaker discussed the timing of the letter and his preference
for East County Water District. Mayor Smith agreed with Mayor pro tern Whitaker and
stated she was going to stay consistent with how she has already voted as a member of the
Orange County Sanitation District. Councilmember Alvarez and Councilmember Murphy
thought the intent of the Council was to support both agencies' (IRWD and East Orange
County Water District) applications. Although Councilmember Nichols agreed that the
Council was going to consider supporting IRWD's application, she stated that she thought
the City would be better served by a local water district.
MOTION — Alvarez
SECOND — Murphy
AYES — Alvarez, Murphy
NOES — Whitaker, Smith, Nichols
Moved to authorize a letter of support for IRWD's application for the transfer of OCSD
Area 7 local sewer service to Orange County Local Agency Formation Commission
(LAFCO).
MOTION FAILED
Other Reports from the City Manager
Interim City Manager Otto announced that the community town hall meeting for the
Metrolink parking structure project has been scheduled for July 8, 2015, at 5:30 p.m. in the
Library Community Room.
Interim City Manager Otto introduced Bill Crouch, the new Community Development
Director.
Interim City Manager Otto announced that the Phase 1 Council Chamber improvements
will take place before the next Council Meeting which includes the installation of new high
definition cameras.
9. LEGAL AFFAIRS — None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
PAGE 11
CITY COUNCIL MINUTES JUNE 9, 2015
11. PUBLIC HEARINGS
NOTE: The following item was re- ordered and heard before Item 4.1.
11.1 Landscape Maintenance District 15 -1 (L1200.0)
Time set for a public hearing to consider the proposed Landscape Maintenance District No.
15 -1 assessment.
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a
nearby property interest and left the dais.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy
ABSENT (RECUSED) — Nichols
Moved to close the balloting period, and direct the City Clerk, as tabulator, to tabulate all
ballots received.
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy
ABSENT (RECUSED) — Nichols
Moved to continue the public hearing to July 14, 2015, to announce the results of the
balloting and, if successful, to consider levying the assessments.
NOTE: Councilmember Nichols returned to the dais at 7:23 p.m.
11.2 Landscape Maintenance District 86 -2 (Santiago Hills). (L1200.0)
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment
for Landscape Maintenance Assessment District 86 -2, which is located within the Upper
Peters Canyon Specific Plan Area (Santiago Hills).
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a
nearby property interest and left the dais.
Deputy Director of Public Works /City Engineer Frank Sun provided a brief staff report
stating that there is no change to the existing assessment.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
PAGE 12
CITY COUNCIL MINUTES
11.
11.3
PUBLIC HEARINGS (Continued)
JUNE 9, 2015
RESOLUTION NO. 10870
A Resolution of the City Council of the City of Orange approving the Engineer's Report
and providing for the Annual Assessment for Landscape Maintenance District 86 -2
(Santiago Hills).
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy
ABSENT (RECUSED) — Nichols
Moved to approve Resolution No. 10870.
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy
ABSENT (RECUSED) — Nichols
Moved to establish the Assessment for Fiscal Year 2015 -16 for Landscape Maintenance
Assessment District 86 -2 at $369.44 per single family unit per year.
NOTE: Councilmember Nichols returned to the dais at 8:34 p.m.
Landscape Maintenance District 94 -1 (Sycamore Crossing). (L1200.0)
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment
for Landscape Maintenance Assessment District 94 -1, which is located in the Sycamore
Crossing Tract.
Deputy Director of Public Works /City Engineer Frank Sun provided a brief staff report
stating that there is no change to the existing assessment.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10871
A Resolution of the City Council of the City of Orange approving the Engineer's Report
and providing for the Annual Assessment for Landscape Maintenance District 94 -1
(Sycamore Crossing).
MOTION
— Alvarez
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10871.
PAGE 13
CITY COUNCIL MINUTES JUNE 9, 2015
11. PUBLIC HEARINGS (Continued)
MOTION
— Alvarez
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to establish the Assessment for Fiscal Year 2015 -16 for Landscape Maintenance
Assessment District 94 -1 at $293.08 per single family unit per year.
RECESS: The City Council took a short recess at 8:39 p.m. and reconvened at 8:51 p.m.
with all members present.
11.4 Proposed Fiscal Year 2015 -16 (FY 16) City of Orange Budget and Seven Year Capital
Improvement Program including approval of recommended personnel actions.
(C2500.J.1.1)
Time set for a public hearing to consider the Proposed Fiscal Year 2015 -16 (FY 16) City
of Orange Operating Budget.
Interim City Manager Otto introduced the item and Finance Director Will Kolbow
presented the staff report utilizing a PowerPoint presentation. Mr. Kolbow reviewed the
budget process acknowledging staff's time and effort. This is the fourth consecutive year
that the City has produced a balanced budget. He explained that there have not been very
many changes since the two budget study sessions that took place earlier this year. General
Fund revenues for FY 2016 are estimated at $102.3 million and General Fund expenditures
are estimated at $101.6 million. Mr. Kolbow reviewed available reserves and all other
major fund budgets, and summarized fiscal year highlights.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
FY 2015 -16:
RESOLUTION NO. 10867
A Resolution of the City Council of the City of Orange Adopting said City's Budget for
the Fiscal Year 2015 -16 and Relating to Transfers of Funds between and within
Appropriations, Transfers between Funds, and additional Appropriations.
MOTION — Alvarez
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10876.
PAGE 14
CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10868
JUNE 9, 2015
A Resolution of the City Council of the City of Orange adopting the appropriations limit
for the Fiscal Year 2015 -16.
MOTION — Alvarez
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10868.
MOTION
— Alvarez
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to find that the portion of the Fiscal Year 2015 -16 Budget subject to the Gann limit
is $89,913,761, and therefore within the limit.
NOTE: The following item was re- ordered and heard before Item 11.4.
11.5 Appeal 0539 -15 — Century Theatres, 1701 West Katella Avenue. (A4000.0)
Time set for a public hearing to consider an appeal of the Planning Commission's denial
of a conditional use permit to serve beer and wine at an existing movie theater under a State
Alcohol and Beverage Control (ABC) Type 41 License.
Senior Planner Chad Ortlieb presented the staff report and read the applicant's statement
into the record. Lieutenant Dave Nichols, Orange Police Department, answered
Councilmember Alvarez's questions regarding a similar conditional use permit approved
at another theater chain location.
Public Speaker
Steve Rawlings, applicant — requested that Council approve the appeal. He submitted a
revised alcohol service policy and reviewed the process for the purchasing and monitoring
of alcoholic beverages. Councilmember Alvarez asked if the theater would consider using
servers to sell alcoholic beverages rather than a designated concession stand. Mr. Rawlings
explained that using servers would be operationally difficult because of the theater layout.
Discussion — Mayor pro tem Whitaker stated that he thought the proposed controls would
be sufficient and understands that the theater must change to stay competitive.
Councilmember Murphy stated that he was concerned with some of the issues that the
Police Department had mentioned; however, is willing to support the applicant with the
proposed changes and restrictions being put into place along with a 12 month review
process. Councilmember Alvarez is still concerned with minors being present in the same
theaters as those being served alcohol. Councilmember Nichols was also concerned with
minors being present but is inclined to support the application with all the restrictions and
safeguards that the applicant is proposing to put into place.
PAGE 15
CITY COUNCIL MINUTES JUNE 9, 2015
11. PUBLIC HEARINGS (Continued)
MOTION — Whitaker
SECOND — Murphy
AYES — Whitaker, Smith, Murphy, Nichols
NOES — Alvarez
Moved to uphold appeal No. 539 -15 with revised conditions. Staff directed to return with
a resolution, reviewed by the Orange Police Department, approving CUP No. 2960 -14 with
the revised alcohol policy and modifications to condition numbers 13, 19, 21 and 37
pursuant to the staff report.
12. ADJOURNMENT — The City Council adjourned at 10:03 p.m. in memory of Jo Barrera,
wife of Mayor Pro Tern Emeritus Fred Barrera.
The next Regular City Council Meeting will be held on Tuesday, July 14, 2015, at 6:00
p.m., with Closed Session beginning at 5:00 p.m., if necessary.
C-
N Or MURPHY
CITY CLERK
TERESA E. SMITH
MAYOR
PAGE 16