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SR - - (21)5:00 p.m. Closed Session 6:00 p.m. Regular Session Council Chamber 300 E. Chapman Avenue, Orange, CA 92866 TERESA E. SMITH Mayor MARK A. MURPHY Mayor pro tem MICHAEL ALVAREZ Councilmember Wayne W. Winthers City Attorney FRED M. WHITAKER Councilmember KIMBERLEE NICHOLS Councilmember Rick Otto Mary E. Murphy 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 Chamber without the express consent of the Council. Members of thepublic are advised that all p acers cellular telephones and any other communication devices are to be turned off upon enter the City Council Chamber. Your cooperation is appre ciated . TO SPEAK ON ANY ITEM ON THE AGENDA, complete a speaker's card located at the entrance to the Council Chamber. 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.cityoforange.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 March 14, 2017 5:00 P.M. SESSION ROLL CALL 2. ORAL COMMUNICATIONS At this time, members of the public may address the Council on any closed session items onlv. 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: Rick Otto, City Manager; Wayne Winthers, City Attorney; Tom Kisela, Police Chief; Laura Kalty, Special Counsel. Employee Organizations: City of Orange Police Association, Orange City Firefighters, City of Orange Police Management Association, Orange Management Association, Orange Municipal Employees Association, Water Division Employees Association, Maintenance and Crafts Employees Association. b. Conference with Legal Counsel — Existing litigation pursuant to Government Code Section 54956.9(a), two cases: Case: Urbin v. City of Orange Orange County Superior Court Case No. 30- 2015- 00781645 C. Case: Supancic v. City of Orange, et. al. Orange County Superior Court Case No. 30- 2016 - 00856903 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, March 14, 2017, at 6:00 p.m. in the Council Chamber. PAGE 3 CITY COUNCIL AGENDA March 14, 2017 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Carl Friedrich, Praise Chapel OC 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Mayor Teresa E. Smith 1.3 ROLL CALL 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS 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 March 14, 2017 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 February 3, February 9, February 17, and February 23, 2017. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of February 14, 2017. RECOMMENDED ACTION: Approve. 3.3 Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. AGREEMENTS 3.4 Emergency Management Performance Grant (EMPG): Emergency Preparedness fund allocation. RECOMMENDED ACTION: 1) Approve the agreement between the City of Orange and the Orange County Sheriffs Department Emergency Management Bureau in an amount not to exceed $21,958 and authorize the City Manager to execute the agreement on behalf of the City; 2) Accept into the City's revenue budget a $21,958 grant from the Orange County Sheriffs Department Emergency Management Bureau, into revenue account number 100.3021.45495.30088 Other Grant Revenue — EMPG Grant 2016; and 3) Authorize the appropriation of $21,958 into expenditure account number 100.3021.50221.30088 Overtime — Safety EMPG Grant 2016. 3.5 Second Amendment with Raftelis Financial Consultants for developing the Water Rate Study and Water Rate Model, in the amount of $16,148. RECOMMENDED ACTION: Approve Second Amendment to Agreement No. 6331 with Raftelis Financial Consultants in the amount of $16,148 and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 5 CITY COUNCIL AGENDA March 14, 2017 3. CONSENT CALENDAR (Continued) 3.6 Agreement to provide landscape and irrigation design and construction documentation for the Santiago Hills Assessment District. RECOMMENDED ACTION: Approve agreement with RHA Landscape Architects Planners, Inc. for an amount not -to- exceed $21,884.50 and authorize the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.7 Appropriation of fiscal year 2016 -2017 (FY17) Board of State and Community Corrections (BSCC) Local Assistance funding mandated by the state. RECOMMENDED ACTION: 1) Accept into the City's revenue budget $57,088.09 from BSCC Local Assistance funding, into revenue account 100.4011.45320.20355, BSCC Local Assistance 16 -17; 2) Authorize the appropriation of $28,544.09 into expenditure account 100.4011.50221.20355, Overtime — BSCC Local Assistance 16 -17; and 3) Authorize the appropriation of $28,544.00 into expenditure account 100.4011.55131.20355, Equipment — BSCC Local Assistance 16 -17. 3.8 Appropriation of funds received from State of California Office of Emergency Services. RECOMMENDED ACTION: Accept into the City's revenue budget a total reimbursement of $407,888.68 in reimbursement payments into account number 100.3021.48212 — Reimbursement from OES, within the following project numbers: Description of Incident Reimbursement Project Account Revenue Amount Sherpa Fire 40128 $35,460.89 Goose Fire 40133 47,728.11 Chimney Fire 40135 102,814.31 Pilot Fire 40134 68,933.68 Sand Fire 40131 152,951.69 Total: $407,888.68 Authorize the appropriation into expenditure account number 100.3021.50221— Overtime - Safety, within the project numbers and amounts as follows: Description of Expenditure Project Account Expenditure Amount Sherpa Fire 40128 $35,460.89 Goose Fire 40133 46,687.36 Chimney Fire 40135 102,492.64 Pilot Fire 40134 68,901.52 Sand Fire 40131 152,881.66 Total: $406,424.07 PAGE 6 CITY COUNCIL AGENDA March 14, 2017 3. CONSENT CALENDAR (Continued) Authorize 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 Goose Fire 40133 $1,040.75 Chimney Fire 40135 321.67 Pilot Fire 40134 32.16 Sand Fire 40131 70.03 Total: $1,464.61 BIDS 3.9 Final Acceptance of Bid No. 167 -02; CDBG FY 2015 -2016 Alley and Street Improvements performed by All American Asphalt; and authorization to file Notice of Completion with the County Recorder. (No staff report required.) RECOMMENDED ACTION: Accept public work improvements, authorize release of Project Fidelity and Deposit Company of Maryland State of Maryland, Bond No. 7650957 in the amount of $403,909.30 to execute the Notice of Completion. 3.10 Final Acceptance of Bid No. 156 -30; Annual Pavement Maintenance Project at Various Locations Fiscal Year 2015 -16 performed by R.J. Noble Company; and authorization to file Notice of Completion with the County Recorder. (No staff report required. RECOMMENDED ACTION: Accept public work improvements, authorize release of is Western Surety Company of South Dakota, Bond No. 58733103 in the amount of $3,584,220.00 to execute the Notice of Completion. 3.11 Bid No. 167 -24; Award contract for Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations Project for the Fiscal Year 2017 (FY17). RECOMMENDED ACTION: Reject the bid received from the apparent low bidder C.J. Concrete Construction, Inc., a California Corporation, on the basis that the bid was not responsive; and award the contract to Nobest, Inc. in an amount not -to- exceed $225,000 and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 7 CITY COUNCIL AGENDA March 14, 2017 3. CONSENT CALENDAR (Continued) 3.12 Bid No. 167 -34; Approval of plans and specifications for Annual Pavement Maintenance at Various Locations, Fiscal Year 2016 -2017; and authorization to advertise for bids. RECOMMENDED ACTION: Approve plans and specifications and authorize advertising for bids for the Annual Pavement Maintenance Project at Various Locations, FY 2016- 2017. 3.13 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. Scot & Kelli Paul b. Francisco Pimentel C. Joaquin R. Alamillo d. Geico a/s /o/ Alex Park e. Brianna Gonzalez f. County of Orange RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. PARKING 3.14 Approval of "NO FEE" parking permits in Municipal Parking Lot No. 2 on South Orange Street for the Assistance League of Orange (10 permits), and the First United Methodist Church (2 permits). RECOMMENDED ACTION: Approve the request and issue the parking permits to be valid from July 1, 2017, through December 31, 2017; and also from January 1, 2018, through June 30, 2018. 3.15 Approval of a modification to the Metrolink Parking Structure construction plans and an addendum to the Mitigated Negative Declaration to add 16 City -owned parking spaces to the area designated as the construction lay -down (staging) area on the Lemon Street lot. In addition, the Council is being asked to approve final design for the parking structure signs. RECOMMENDED ACTION: 1) Approve and adopt the Addendum to MND 1832 -14; 2) Approve DRC 4675 -13 allowing for parking structure signs; and 3) Approve a modification to the project plans to re- establish a public surface parking lot within the project's construction staging areas, following project completion. PAGE 8 CITY COUNCIL AGENDA March 14, 2017 3. CONSENT CALENDAR (Continued) 3.16 Number not used. RESOLUTIONS 3.17 Authorization for temporarily closing portions of public streets for approved special events. Resolution No. 10997. A Resolution of the City Council of the City of Orange temporarily closing sections of public streets for approved special events. RECOMMENDED ACTION: Adopt Resolution No. 10997 approving the closure of public streets during the times of approved special events; and approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Year 2017 -18. SPECIAL EVENTS 3.18 Special Event Permit request from the Orange Blossoms Auxiliary, an Auxiliary of the Assistance League of Orange, to host their Annual Taste of Orange, on Sunday, May 7, 2017. RECOMMENDED ACTION: 1) Approve the closure of a portion of the South Orange Street public parking lot for use by the Assistance League of Orange, California, Inc., to hold their Annual "Taste of Orange" on Sunday May 7, 2017; 2) Authorize the sale and permit the purchase, possession, and consumption of alcoholic beverages at the annual "Taste of Orange" event, on a portion of the South Orange Street public parking lot pursuant to the requirements of Section 5.72.080 of the OMC; and 3) Approve waiver of $208 parking lot usage fee for this event. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 4.1 Review of the Demolition Review Process Pertaining to Structures in the Old Towne Historic District (OMC 17.10.090). 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS PAGE 9 CITY COUNCIL AGENDA March 14, 2017 7. ADMINISTRATIVE REPORTS 7.1 Approving and adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for widening of portions of Katella Avenue and Tustin Street, Resolution No. 10993. (Continued from 2/14/17) A Resolution of the City Council of the City of Orange approving and adopting Mitigated Negative Declaration No. ENV 1851 -16 and a Mitigation Monitoring and Reporting Program for the widening of portions of Katella Avenue and Tustin Street, approving Preliminary Plans therefore, and making certain findings in connection therewith. RECOMMENDED ACTION: Approve Resolution No. 10993. 7.2 Approving and adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for widening of portions of Chapman Avenue and Tustin Street, Resolution No. 10994. (Continued from 2/14/17) A Resolution of the City Council of the City of Orange approving and adopting Mitigated Negative Declaration No. ENV 1852 -16 and a Mitigation Monitoring and Reporting Program for the widening of portions of Chapman Avenue and Tustin Street, approving Preliminary Plans therefore, and making certain findings in connection therewith. RECOMMENDED ACTION: Approve Resolution No. 10994. 7.3 Facilities Condition Assessment. RECOMMENDED ACTION: Receive and file. 8. REPORTS FROM CITY MANAGER 9. LEGAL AFFAIRS 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY PAGE 10 CITY COUNCIL AGENDA March 14, 2017 11. PUBLIC HEARINGS 12. ADJOURNMENT An Adjourned City Council Meeting will be held on March 28, 2017, at 5:00 p.m. in the Weimer Room for a Budget Study Session. The next Regular City Council Meeting will be held on Tuesday, April 11, 2017, at 6:00 p.m. in the Council Chamber, 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 March 14, 2017, 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 11