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SR - - (26)4:30 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 pagers, cellular telephones and any other communication devices are to be turned off upon entering the e 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.citvoforance.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 August 11, 2015 4:30 P.M. SESSION I. 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 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. b. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): Case: City of Orange v. County of Orange, et. al. Orange County Superior Court Case No. 30- 2010 - 00338820 CU- TT -CXC C. Public Employee Appointment — Pursuant to Government Code Section 54957(b): Title: City Manager 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, August 11, 2015, at 6:00 p.m. in the Council Chambers. PAGE 3 CITY COUNCIL AGENDA August 11, 2015 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Pete Shambrook, Rock Harbor Orange 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Michael Alvarez 1.3 ROLL CALL PRESENT - ABSENT - 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Orange Reads presentation by the Orange Public Library and Board of Trustees Presentation by the Orange Public Library Foundation to the Orange Public Library Presentation of a Resolution honoring retiring Fire Chief, Patrick Dibb 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 August 11, 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, July 7, 9, 16, 21, 23, and 28, 2015. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of July 14, 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 the Months of April, May, and June 2015. RECOMMENDED ACTION: Receive and file. AGREEMENTS 3.5 Agreement for Sharing Consultant Costs for 2015 Urban Water Management Plan. RECOMMENDED ACTION: Approve Cost Sharing Agreement and authorize City Manager or his designee to sign the agreement for the City. PAGE 5 CITY COUNCIL AGENDA August 11, 2015 3. CONSENT CALENDAR (Continued) 3.6 Fourth and Final Amendment to Agreement with Siemens Industry, Inc./Republic Intelligent Transportation Services to provide Emergency Response Services for traffic signals and street lighting maintenance. RECOMMENDED ACTION: Approve fourth and final Amendment to Contract AGR- 5713 with Siemens Industry, Inc. /Republic Intelligent Transportation Services (ITS) in an amount not to exceed $40,000 to provide emergency response services for traffic signals and street lighting maintenance services within the City, and authorize the Mayor and City Clerk to execute on behalf of the City. 3.7 Third Amendment to Contract with Commercial Aquatic Services, Inc. for an amount not to exceed $35,354.80 in FY 15 -16. RECOMMENDED ACTION: Approve Contract and authorize the Mayor and City Clerk to execute on behalf of the City. 3.8 Attorney Services Agreement with the Law Firm of Kutak Rock LLP to provide Legal Services related to Litigation Defense in an amount not to exceed $100,000. RECOMMENDED ACTION: Approve Agreement and authorize the Mayor and City Clerk to execute on behalf of the City. 3.9 Award of Consultant Services Agreement to Raftelis Financial Consultants for preparing the Sanitation Rate Study. RECOMMENDED ACTION: Award the contract in the amount of $38,638.00 to Raftelis Financial Consultants and authorize the Mayor and City Clerk to execute on behalf of the City. 3.10 Updated Agreement between Wittman Enterprises and the City of Orange for Emergency Medical Services (EMS) Transportation Program billing services. RECOMMENDED ACTION: Authorize the Mayor and City Clerk to execute a Professional Services Agreement between the City of Orange and Wittman Enterprises. 3.11 Consultant Services Agreement between Bureau Veritas North America, Inc. and the City of Orange for Plan Review Services for Fiscal Year 2015 -16. RECOMMENDED ACTION: Approve the renewed agreement between the City of Orange and Bureau Veritas North America Inc. Amount not to exceed $70,000 for Fiscal Year 2015 -16 and authorize the Mayor and City Clerk to execute on behalf of the City. 3.12 Number not used. PAGE 6 CITY COUNCIL AGENDA August 11, 2015 3. CONSENT CALENDAR (Continued) APPROPRIATIONS 3.13 Families and Communities Together (FaCT) grant between the County of Orange, Friendly Center, City of Orange, Interval House, and Western Youth Services for the provision of services promoting safe and stable families, differential response, and family stabilization beginning July 1, 2015, through June 30, 2020. RECOMMENDED ACTION: 1) Accept into the City's revenue budget a $1,500 grant from the County of Orange Social Services Agency into revenue account number 100.4011.45290.30075, General Fund- FY 16 FaCT grant; and 2) Authorize the appropriation of $1,500 into the following Administration Program expenditure account number 100.4011.53060.30075 (Miscellaneous Supplies). 3.14 Appropriation of Donation from the Orange Public Library Foundation (OPLF) of $15,300.00. RECOMMENDED ACTION: 1) Accept into the City's revenue budget a $15,300 donation into revenue account number 100.2001.48390.19322 (Library Foundation Donations); and 2) Authorize the appropriation of $15,300 into expenditure account number 100.2004.55131.19322 (Furniture, Machinery, Equip- OPLF). 3.15 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. Mike and Jeanine Eagan b. Celina M. Padilla RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.16 Award of Contract — Bid No. 145 -58; Supply One Commercial Transit Van from Ford of Orange. RECOMMENDED ACTION: 1) Authorize the purchase of one commercial /transit van from Ford of Orange, and 2) Authorize the City Manager to surplus the replaced vehicle. PAGE 7 CITY COUNCIL AGENDA August 11, 2015 3. CONSENT CALENDAR (Continued) 3.17 Award of Contract — Bid No. 145 -60; Sewer Line Cleaning, Video Inspection, and Emergency Response Services Project, FY 2015 -16, 2016 -17, and 2017 -18. RECOMMENDED ACTION: 1) Approve Hoffman Southwest Corp. dba Pro Pipe, Inc. of Mission Viejo to withdraw bid request; and 2) Accept the next lowest bid and award the contract to Houston & Harris PCS, Inc., California in the annual amount of $143,376 and authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.18 Award of Contract — Bid No. 145 -04; three (3) Federal Highway Safety Improvement Program (HSIP) Left Turn Phasing Signal Modification Projects: 1) Chapman Avenue at Hewes Street; 2) Chapman Avenue at Esplanade Street; and 3) Tustin Street at Mayfair Avenue. RECOMMENDED ACTION: 1) Authorize the appropriation from the 500 unreserved Capital Projects fund balances to the following expenditure accounts: a) 500.5032.556100.20190 Capital Projects Chapman and Hewes $10,000; b) 500.5032.556100.20192 Capital Projects Chapman and Esplanade $43,000. 2) Authorize the appropriation from the 284 unreserved TSIP B fund balances to the following expenditure account: 284.5032.556100.20193 TSIP B Tustin and Mayfair $77,800; and 3) Award the contract in the amount of $631,514.00 to JFL Electric, Inc., and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.19 Final Acceptance of Bid No. 145 -20; Shaffer Street Storm Drain Improvement Project performed by David Wasden, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required RECOMMENDED ACTION: Accept public work improvements, authorize release of Allegheny Casualty Company of Pennsylvania, Bond No. 0671024 in the amount of $82,000.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.20 Final Acceptance of Bid No. 145 -12; Reservoir No. 5 Rehabilitation performed by Advanced Industrial Services and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) RECOMMENDED ACTION: Accept the completion of installation, authorize release of The Ohio Casualty Insurance Company, Bond No. 024058962 in the amount of $756,900.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. PAGE 8 CITY COUNCIL AGENDA August 11, 2015 3. CONSENT CALENDAR (Continued) 3.21 Final Acceptance of Bid No. 145 -27; OC &PT Wrought Iron Fence Installation Project performed by Wolverine Fence Company, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required RECOMMENDED ACTION: Accept public work improvements, authorize release of Developers Surety and Indemnity Company of Iowa, Bond No. 802621 P in the amount of $59,995.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.22 Final Acceptance of Bid No. 145 -31; Annual Concrete Replacement at Various Locations Phase 2, FY 2014 -2015 performed by CJ Concrete Construction, Inc.; and authorization to file the Notice of Completion with the County Recorder. No staff report required RECOMMENDED ACTION: Accept public work improvements, authorize release of Westchester Fire Insurance Company of Pennsylvania Bond No. K09131395 in the amount of $589,300.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. PERMITS 3.23 Dirt Hauling Permit for KTGY Group, Inc. on behalf of Chapman University. RECOMMENDED ACTION: Approve issuance of a dirt hauling permit for the project located on the west side of Center St. between Sycamore Ave. and Walnut Ave. subject to the conditions recommended by staff. RESOLUTIONS 3.24 RESOLUTION NO. 10876 A Resolution of the City Council of the City of Orange Approving Appeal No. 0539 -15 from the Planning Commission Denial of the Conditional Use Permit No. 2960 -14, thereby permitting the sale of Alcoholic Beverages (Type 41 — Beer and Wine) at the Century Movie Theatres, located at 1701 W. Katella Ave. RECOMMENDED ACTION: Approve. 3.25 RESOLUTION NO. 10884 A Resolution of the City Council of the City of Orange Approving its Title VI Plan of the Civil Rights Act to comply with Federal Transit Administration (FTA) funding for construction of the Orange Metrolink Parking Structure. RECOMMENDED ACTION: Approve. PAGE 9 CITY COUNCIL AGENDA August 11, 2015 3. CONSENT CALENDAR (Continued) 3.26 RESOLUTION NO. 10885 A Resolution of the City Council of the City of Orange approving the award of contract and authorizing the execution of a Professional Services Agreement with Convergint Technologies for Bid No. 145 -61 for the design and installation of the Metrolink Orange Transportation Center Video Surveillance System. RECOMMENDED ACTION: Approve Resolution 10885 and authorize the Mayor to execute and the City Clerk to attest the agreement on behalf of the City. MOTION - SECOND - AYES - END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Alvarez: Report on mosquitos infected with West Nile Virus from the Orange County Mosquito and Vector Control District. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept the Resignation of Ernest Glasgow from the City Traffic Commission, Effective Immediately; Post Vacancy Notice Pursuant to the Maddy Act. RECOMMENDED ACTION: Accept the resignation. MOTION - SECOND - AYES - 7. ADMINISTRATIVE REPORTS 8. REPORTS FROM CITY MANAGER PAGE 10 CITY COUNCIL AGENDA August 11, 2015 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 06 -15 (SECOND READING) An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code, by adding Chapter 15.18 to provide an expedited, streamlined permitting process for small residential rooftop solar systems. MOTION - SECOND - AYES - 9.2 ORDINANCE NO. 07-15 (SECOND READING) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1277 -15 Rezoning Properties in the portion of the Tustin - Chapman 2010 General Plan Land Use Focus Area north of the intersection of Chapman Avenue and Tustin Street to Public Facilities and Institutions to Establish Consistency with the Public Institutions and Yorba North Commercial Overlay General Plan Land Use Designations and Zoning Classification in Accordance with State Law. Zone Change No. 1277 -15 Applicant: City of Orange MOTION - SECOND - AYES - 9.3 ORDINANCE 08 -15 (SECOND READING) An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to streamline the review process and clarify definitions and City standards for duplexes, cottage food operations, auto brokers, senior housing and mixed used development in commercial zones, multi - family development, bars and tattoo parlors in mixed use zones, the entitlement process for alcohol sales at gas stations, and residential parking requirements. MOTION - SECOND - AYES - PAGE 11 CITY COUNCIL AGENDA August 11, 2015 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 12. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, September 8, 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 August 11, 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