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SR - - (20)Regular Meeting May 12, 2015 5:00 p.m. Closed Session 6:00 p.m. Regular Session Council Chambers 300 E. Chapman Avenue, Orange, CA 92866 TERESA E. SMITH MAYOR FRED M. WHITAKER Mayor pro tem MICHAEL ALVAREZ Councilmember Wayne W. Winthers City Attorney MARK A. MURPHY Councilmember KIMBERLEE NICHOLS Councilmember Rick Otto Mary E. Murphy Interim City Manager City Clerk In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Please contact the City Clerk's Office either in person at 300 E. Chapman Ave., Orange, CA. or by calling (714) 744 -5500 no later than 10:00 AM on the City business day preceding the scheduled meeting. GENERAL PROTOCOL The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m. Agenda Information This agenda contains a brief general description of each item to be considered. The Agenda and supporting documentation is available at 3:00 p.m. on the Thursday prior to the Council meeting at the City Clerk's Office located at City Hall, 300 E. Chapman Avenue, Orange, during regular business hours, 7:30 a.m. - 5:30 p.m. Monday through Thursday, and alternating Fridays, as well as on the City's Website www.cityoforange.org. Any documents received after the agenda packet distribution, are available at the Council meeting, City Clerk Office counter, and are posted on the City's Website. Information may be obtained by calling the City Clerk's Office at (714) 744 -5500. Public Testimony Pursuant to Government Code Section 54954.3, the public may comment on any agenda item before or during consideration by the City Council, and on any other matters under the Council's jurisdiction. Applicants making presentations to the Council on agenda items are given sufficient time to address the Council and are also provided an opportunity to address questions from the public. The public is then allowed up to three (3) minutes to speak on that specific agenda item. General public comments are agendized under Public Comments section at the beginning of the 6:00 p.m. Session. In accordance with Ordinance No. 10 -01 any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall, by the presiding officer, be barred from further audience before the Council, unless permission to continue is granted by a majority vote of the Council. In accordance with Ordinance No. 43 -60 no person except City officials and their representatives shall be permitted within the rail in front of the Council Chambers without the express consent of the Council. Members of the public are advised that all pacers cellular telephones and any other communication devices are to be turned off upon entering the City Council Chambers. Your cooperation is appreciated TO SPEAK ON ANY ITEM ON THE AGENDA, complete a speaker's card located at the entrance to the Council Chambers. Enter the item's Agenda number on your speaker card and give it to the City Clerk. WHEN SPEAKING, please face the City Council and state your name and address for the record. The Mayor will call on you to speak when that Agenda item is considered. Televised Meeting Schedule Regular City Council meetings are televised live on Time Warner Cable Channel 3 and AT &T U -verse Channel 99 and streamed live and on- demand on the City's website at www.citvoforange.org Persons filming or taping Council meetings are asked to identify themselves by filling out the reverse side of the speaker's card or presenting a business card to the City Clerk. CITY COUNCIL AGENDA May 12, 2015 5:00 P.M. SESSION 1. ROLL CALL PRESENT - ABSENT - 2. ORAL COMMUNICATIONS At this time, members of the public may address the Council on any closed session items only. Comments are limited to three minutes per person. 3. RECESS TO CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): Case: Pham v. City of Orange, et al. Orange County Superior Court Case No. 30- 2014- 00734990 b. 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: City of Orange Police Association, Orange Police Management Association, Orange City Firefighters, Orange Municipal Employees' Association, Water Division Employees' Association. 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday May 12, 2015, at 6:00 p.m. in the Council Chambers. PAGE 3 CITY COUNCIL AGENDA May 12, 2015 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Reverend Dayna Kinkade, First Christian Church of Orange 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Mayor Teresa E. Smith 1.3 ROLL CALL PRESENT - ABSENT - 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation by the Community Foundation of Orange for the Foundation Games Proclamation Recognizing Public Works Week, May 17 — 25, 2015 2. PUBLIC COMMENTS At this time, members of the public may address the Council on any off - agenda items within the subject matter jurisdiction of the Council, provided that NO action may be taken on off - agenda items unless authorized by law. Comments are limited to three minutes per person. PAGE 4 CITY COUNCIL AGENDA May 12, 2015 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 Confirmation of warrant registers dated, April 9, 16, 23, and 30, 2015. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of April 14, 2015, and Adjourned Regular Meeting of April 28, 2015. RECOMMENDED ACTION: Approve. 3.3 Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. 3.4 Treasurer's Report for January, February, and March 2015. RECOMMENDED ACTION: Receive and file. APPROPRIATIONS 3.5 Appropriation of designated grant funding received from the California Department of Resources Recycling and Recovery (CalRecycle) for the Oil Payment Program. RECOMMENDED ACTION: 1) Accept into the City's revenue budget $38,621 in grant funding from CalRecycle and appropriate to the following revenue account number: 220.5022.45290.20251 Oil Payment Program Cycle 5 14 -15 $38,621 and 2) Authorize the appropriation of $38,621 into the following expenditure account numbers: 220.5022.50002.20251 Oil Payment Prg. Cycle 5 14 -15 — Salaries & Ben. 8,621 220.5022.51001.20251 Oil Payment Prg. Cycle 5 14 -15 — Contractual Serv. 20,000 220.5022.53001.20251 Oil Payment Prg. Cycle 5 14 -15 — Materials & Supp. 10,000 PAGE 5 CITY COUNCIL AGENDA May 12, 2015 3. CONSENT CALENDAR (Continued) 3.6 Appropriate additional funding to cover installation cost of CIP Project #30063, Electric Car Charging Station. RECOMMENDED ACTION: Appropriate $10,000 from the unreserved AQMD (245) fund balance to CIP Project 245.5011.56020.30063 (Electric Car Charging Station). BIDS 3.7 Bid No. 145 -50; Asphalt Replacement at Various Locations for Fiscal Year 2015- 2016; and approval of specifications and authorization to advertise for bids. RECOMMENDED ACTION: Approve specifications and authorize advertising for bids for the Asphalt Replacement at Various Locations for Fiscal Year 2015 -2016. 3.8 Bid No. 145 -53; Approval of plans and specifications, and request authorization to advertise for bids for construction of Sewer Line Replacement at Various Locations Project, FY 2014 -15. RECOMMENDED ACTION: 1) Approve plans and specifications and authorize advertising for bids for Sewer Line Replacement at Various Locations Project, FY 2014- 15, and 2) Appropriate $500,000 from the Sanitation (220) unreserved fund balance to CIP Project 220.5011.56200.15508 (Sewer Line Replacement). 3.9 CLAIMS 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. Marie Medina b. Bryan Garcia C. Robert Maynard d. Shashi Jalota RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.10 Award of Contract— Bid No. 145 -42; Fire Station Kitchen Improvements. RECOMMENDED ACTION: Award the contract in the amount of $95,220.00 to Frank Shariat General Engineering, and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 6 CITY COUNCIL AGENDA May 12, 2015 3. CONSENT CALENDAR (Continued) 3.11 Award of Contract — Bid No. 145 -45; Lemon Street Storm Drain Improvement Project. RECOMMENDED ACTION: Award the contract in the amount of $130,767 to PALP, Inc. of Long Beach, CA, and authorize the Mayor and City Clerk to execute on behalf of the City. 3.12 Award of Contract for Request for Proposal No. 145 -38 to provide Custodial Services for City Facilities. RECOMMENDED ACTION: Award an annual contract in a not -to- exceed (NTE) amount of $530,000.00, per fiscal year, to Ultimate Maintenance Services, Inc. for custodial services for City facilities for the following fiscal years; FY 2015 -16, 2016 -17, and 2017 -18; and authorize the Mayor and City Clerk to execute on behalf of the City. 3.13 Award of Contract — Bid No. 145 -47; Annual Pavement Maintenance at Various Locations, Fiscal Year 2014 -2015. RECOMMENDED ACTION: Award the contract in the amount of $3,864,175.00 to R.J. Noble Company, and authorize the Mayor and City Clerk to execute on behalf of the City. 3.14 Award of Contract — Bid No. 145 -41; Eisenhower Park Booster Pump Installation. RECOMMENDED ACTION: Award the contract in the amount of $89,971.00 to Clean Cut Landscape, and authorize the Mayor and City Clerk to execute on behalf of the City. DETATCHMENTS (LAFCO) 3.15 Local Agency Formation Commission (LAFCO) Meyer Reorganization RO 15 -01 Application. RECOMMENDED ACTION: Support Local Agency Formation Commission Application RO 15 -01 for detachment of territory (395 sq. feet) from the City of Orange, proposed "Meyer Reorganization." PAGE 7 CITY COUNCIL AGENDA May 12, 2015 3. CONSENT CALENDAR (Continued) PURCHASES 3.16 Purchase of 85 Remington 870 Police Model shotguns for the Police Department from Pro Force Law Enforcement in the amount of $76,659. RECOMMENDED ACTION: Authorize the appropriation of $69,027 from the Federal Asset Forfeiture Treasury Asset Fund unreserved fund balance to expenditure account 355.4021.55131.20129, Federal Asset Forfeiture, Equipment, Treasury Asset Fund, for the purchase of 85 Remington Police Model shotguns from Pro Force Law Enforcement and the cost of shipping the trade -in weapons to Pro Force's Arizona corporate office. RESOLUTIONS 3.17 RESOLUTION NO. 10861 A Resolution of the City Council of the City of Orange approving a low impact development retrofit project at the Orange County (OC) Public Works Glassell Campus to be funded by the Orange County Flood Control District. RECOMMENDED ACTION: Approve. 3.18 RESOLUTION NO. 10862 A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 86 -2 (Santiago Hills) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2015 -2016; to set a time and place for a Public Hearing to receive public testimony on the foregoing matters; and to give preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 86 -2 (Santiago Hills). RECOMMENDED ACTION: Approve. 3.19 RESOLUTION NO. 10863 A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2015 -2016; to set a time and place for a Public Hearing to receive public testimony on the foregoing matters; and to give preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing). RECOMMENDED ACTION: Approve. PAGE 8 CITY COUNCIL AGENDA May 12, 2015 3. CONSENT CALENDAR (Continued) VOTING DESIGNEE 3.20 Designation of Alternate Board Member for the Metro Cities Fire Authority. RECOMMENDED ACTION: Designate Deputy City Manager as the City's alternate voting board member to the Metro Cities Fire Authority. MOTION - SECOND - AYES - END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 4.1 Consideration of Appointments to Boards and Commissions. RECOMMENDED ACTION: Appoint the following recommendation to City of Orange Boards and Commissions: Orange Public Library Board of Trustees: Mrs. Marva Hitchcock MOTION - SECOND - AYES - 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept the Resignation of Patricia Buttress from the Planning Commission, Effective May 31, 2015; Post Vacancy Notice Pursuant to the Maddy Act. MOTION - SECOND - AYES - PAGE 9 CITY COUNCIL AGENDA May 12, 2015 7. ADMINISTRATIVE REPORTS 7.1 Review of the current Neighborhood Parking Permit Program Policy. RECOMMENDED ACTION: 1) Approve the proposed Neighborhood Permit Parking Program policy and implementation process changes; or 2) Direct staff to modify the proposed Neighborhood Permit Parking Program policy and implementation process. MOTION - SECOND - AYES - 7.2 Review of Water Conservation Programs and Regulations. RESOLUTION NO. 10865 A Resolution of the City Council of the City of Orange declaring a Level 1 and II Water Supply Shortage. RECOMMENDED ACTION: Approve. MOTION - SECOND - AYES - 8. REPORTS FROM CITY MANAGER 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 03-15 (SECOND READING) An Ordinance of the City Council of the City of Orange amending and restating Chapter 16.32 of the Orange Municipal Code relating to Lot Line Adjustments. MOTION - SECOND - AYES - 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY PAGE 10 CITY COUNCIL AGENDA May 12, 2015 11. PUBLIC HEARINGS 11.1 2015 Edition of the Standard Specifications for Public Works Construction Time set for a Noticed Hearing to Consider Adoption of the 2015 Edition of the Standard Specifications for Public Works Construction. Staff Report / Council Questions Open Public Hearing / Public Comments / Close Public Hearing Council Comments / Council Action Recommended Council Action ORDINANCE NO. 02-15 (SECOND READING) An Ordinance of the City Council of the City of Orange Amending Chapter 12.02 of the Orange Municipal Code to Adopt the 2015 Edition of the "Standard Specifications for Public Works Construction." MOTION - SECOND - AYES - PAGE 11 CITY COUNCIL AGENDA May 12, 2015 11. PUBLIC HEARINGS (Continued) 11.2 Solid Waste Rate Adjustment Time set for a public hearing to consider a request from the City's Solid Waste Collector, CR &R for a Rate Adjustment, Effective July 1, 2015. Staff Report/Council Questions Open Public Hearing /Public Comments /Close Public Hearing Council Comments /Council Action Recommended Council Action RESOLUTION NO. 10864 A Resolution of the City Council of the City of Orange approving revised rates for solid waste collection and disposal services. MOTION - SECOND - AYES - 12. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, June 9, 2015, at 6:00 p.m. in the Council Chambers, with Closed Session beginning at 5:00 p.m., if necessary. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of May 12, 2015, at Orange Civic Center kiosk, Police facility at 1107 North Batavia, and the Main Public Library at 407 E. Chapman; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting; and available at the Civic Center City Clerk's Office. PAGE 12