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SR - - (23)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. CITY COUNCIL AGENDA May 9, 2017 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 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 Chamber. Your cooperation is appreciated 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 PAGE 2 CITY COUNCIL AGENDA May 9, 2017 5:00 P.M. SESSION 1. ROLL CALL 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. Employee Organizations: All Bargaining Groups. 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, May 9, 2017, at 6:00 p.m. in the Council Chamber. PAGE 3 CITY COUNCIL AGENDA May 9, 2017 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Brenton Fessler, Refuge OC 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Kimberlee Nichols 1.3 ROLL CALL 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation by Michael Markus, Orange County Water District Presentation of Orange County Human Relations 2017 Annual Report Proclamation Recognizing Donate Life Month Proclamation Recognizing National Public Works Week, May 21 -27, 2017 Presentation to Willie and Ann Mattern Presentation of a Retirement Resolution to Rebecca Serna 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 9, 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 April 6, April 14, April 20, and April 28, 2017. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of April 11, 2017. RECOMMENDED ACTION: Approve. 3.3 Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. 3.4 Monthly Treasurer's Reports for January, February, and March 2017. RECOMMENDED ACTION: Receive and file. 3.5 Number not used. AGREEMENTS 3.6 Participate in a one -time intergovernmental transfer (IGT) between the City of Orange and CalOptima. RECOMMENDED ACTION: 1) Approve agreements and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Authorize the transfer of $714,124 of reimbursable funds to the California State Department of Health Services. 3.7 Fourth Amendment to Agreement with Conduent State and Local Solutions, Inc. for Information Technology Services. RECOMMENDED ACTION: Approve the Fourth Amendment to the Information Technology Services Agreement with Conduent State and Local Solutions, Inc., extending the Agreement for one year commencing July 1, 2017, and terminating on June 30, 2018, and authorize the Mayor to execute the Amendment. PAGE 5 CITY COUNCIL AGENDA May 9, 2017 3. CONSENT CALENDAR (Continued) 3.8 Agreement to replace the Yorba Park Restroom /Storage Building and appropriation of Park Acquisition revenue. RECOMMENDED ACTION: 1) Appropriate $322,740 from unreserved Fund 510 (Park Acquisition - Infill ) to Fund 510.7021.56020.20135 ( Yorba Park Renovation); and 2) Approve agreement with KASA Construction, Inc. for the not -to- exceed amount of $322,740 and authorize the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.9 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 $109,084.75 in reimbursement payments into account number 100.3021.48212 — Reimbursement from OES, within the following project numbers: Description of Reimbursement Project Account Revenue Amount Blue Cut Fire 40136 $48,843.01 Rey Fire 40137 20,310.17 Marshes Fire 40139 19,924.98 Sae Fire 40130 1 20,006.59 Total: 1 $109,084.75 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 Blue Cut Fire 40136 $48,420.75 Rey Fire 40137 20,003.29 Marshes Fire 40139 19,924.98 Sage Fire 40130 20 Total: $108,355.61 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 Blue Cut Fire 40136 $422.26 Rey Fire 40137 306.88 Total: $729.14 PAGE 6 CITY COUNCIL AGENDA May 9, 2017 3. CONSENT CALENDAR (Continued) 3.10 Appropriation of Donation from the Orange Public Library Foundation (Foundation) of $30,000. RECOMMENDED ACTION: 1) Accept into the City's revenue budget a $30,000 donation from the Foundation into revenue account number 100.2001.48390.19322 (Foundation Donations); and 2) Authorize the appropriation of $30,000 into the following expenditure account numbers: 100.2004.55131.19322 — Furniture, Machinery, Equip (Foundation) $20,000 100.2017.55131.19322 — Furniture, Machinery, Equip (Foundation) $10,000 $30,000 3.11 Number not used. 3.12 Acceptance and appropriation of $21,444 in energy efficiency rebates from Southern California Gas Company for replacement of Hart Park Pool equipment. RECOMMENDED ACTION: 1) Accept into the City's revenue budget an $11,994 rebate from Southern California Gas Company, into revenue account number 511.0000.48210.00000, Park Acquisition and Development - Expense Reimbursements; 2) Authorize an appropriation of $11,994 into expenditure account number 511.7021.56032.30043 Park Acquisition and Development - Hart Park Pool Heaters; 3) Accept into the City's revenue budget a $9,450 rebate from Southern California Gas Company, into revenue account number 100.7022.48210.00000, General Fund - Expense Reimbursements; and 4) Authorize an appropriation of $9,450 into expenditure account 100.7022.53670.00000 General Fund - Other Maintenance Items. 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. GRBCON, Inc. b. George H. Witthoeft c. Timothy Rumford d. Candida Galvan e. John Silberstein f. Amanda Anselmi g. Jenna Nicole Boyer h. Kirsten Wallace RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. PAGE 7 CITY COUNCIL AGENDA May 9, 2017 3. CONSENT CALENDAR (Continued) CONTRACTS 3.14 Final Acceptance of Bid No. 167 -15; Water Division Antenna Tower Installation project performed by Tashjian Towers Corporation; 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 Indemnity Company of California, Bond No. 704916P in the amount of $137,303.16 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.15 Final Acceptance of Bid No. 167 -11; Orange City Hall Mechanical Roof Top Units Replacement Project performed by NKS Mechanical Contracting Inc; and authorization to file Notice of Completion with the County Recorder. (No staff report required RECOMMENDED ACTION: Accept public work improvements, authorize release of Old Republic Surety Company in the State of Wisconsin, Bond No. WCN 2165155 in the amount of $$256,122.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.16 Award of Contract - Bid No. 167 -34; Annual Pavement Maintenance at Various Locations, Fiscal Year 2016 -2017. RECOMMENDED ACTION: Award the contract in the amount of $4,214,900 to R.J. Noble Company, and authorize the Mayor and City Clerk to execute on behalf of the City. 3.17 Award of Contract - Bid No. 167 -37; Reservoir 5 Valves Replacement. RECOMMENDED ACTION: Award the contract in the amount of $67,540 to Valverde Construction, Inc., and authorize the Mayor and City Clerk to execute on behalf of the City. 3.18 Number not used. 3.19 Rate adjustment for street sweeping services. RECOMMENDED ACTION: Approve the 2% rate adjustment for CR &R. MAPS 3.20 Final Map for Tract 17816 — Marywood Hills. RECOMMENDED ACTION: Approve Final Tract Map No. 17816 and accept all dedications. PAGE 8 CITY COUNCIL AGENDA May 9, 2017 3. CONSENT CALENDAR (Continued) PURCHASES 3.21 Purchase new automated payment machines (APMs) used for print cost recovery at the Main Library, and execute the Smart Access Manager (SAM) End User License and Maintenance Agreement. RECOMMENDED ACTION: Authorize the purchase of new payment equipment and associated hardware and software from Comprise Technologies in an amount not -to- exceed $49,978; and authorize the Mayor and City Clerk to execute the SAM End User License and Maintenance Agreement on behalf of the City. REPORTS 3.22 City Traffic Commission Activity Report for 2016. RECOMMENDED ACTION: Receive and file. RESOLUTIONS 3.23 Recognition of Rebecca Serna for 16 years of service to the City of Orange. Resolution No. 10996. A Resolution of the City Council of the City of Orange Recognizing Rebecca "Becky" Serna for 16 Years of Loyal Service to the City of Orange and the Human Resources Department. RECOMMENDED ACTION: Approve. 3.24 Approval of Tentative Tract Map No. 0034 -14, Major Site Plan Review No. 0785 -14, Design Review No. 4768 -14, and Mitigated Negative Declaration No. 1841 -15, located at 6231 E. Wimbleton Court. Resolution No. 10999. A Resolution of the City Council of the City of Orange approving Tentative Tract Map No. 0034 -14, Major Site Plan Review No.0785 -14, Design Review No. 4768 -14, and Mitigated Negative Declaration No. 1841 -15, located at 6231 E. Wimbleton Court. RECOMMENDED ACTION: Approve. PAGE 9 CITY COUNCIL AGENDA May 9, 2017 3. CONSENT CALENDAR (Continued) 3.25 Landscape Maintenance Assessment District 86 -2 (LMD 86 -2 Santiago Hills). Resolution No. 11000. A Resolution of the City of Orange regarding Landscape Maintenance Assessment District 86 -2 (LMD 86 -2 Santiago Hills) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2017 -2018. RECOMMENDED ACTION: 1) Adopt Resolution No. 11000 to approve the Preliminary Engineer's Report for Landscape Maintenance District 86 -2; 2) Declare the intent to levy an annual assessment; and 3) Set June 13, 2017, as the date for the Public Hearing on the assessments. 3.26 Landscape Maintenance Assessment District 15 -1 (LMD 15 -1 Santiago Hills Overlay). Resolution No. 11001. A Resolution of the City of Orange regarding Landscape Maintenance Assessment District 15 -1 (LMD 15 -1 Santiago Hills Overlay) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2017 -2018. RECOMMENDED ACTION: 1) Adopt Resolution No. 11001 to approve the Preliminary Engineer's Report for Landscape Maintenance District 15 -1; 2) Declare the intent to levy an annual assessment; and 3) Set June 13, 2017, as the date for the Public Hearing on the assessments. 3.27 Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing). Resolution No. 11002. 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 2017 -2018. RECOMMENDED ACTION: 1) Adopt Resolution No. 11002 declaring the City's intent to provide for an annual levy and collection of assessments for FY 18; 2) Approve the Preliminary Engineer's Report; and 3) Set June 13, 2017, as the date for the Public Hearing. 3.28 Reauthorization of OMC Chapter 13.81 Relating to Cable Franchise Fees. Resolution No. 11003. A Resolution of the City Council of the City of Orange Reauthorizing OMC Chapter 13.81 Relating to Cable Television Franchise Fees. RECOMMENDED ACTION: Approve. END OF CONSENT CALENDAR PAGE 10 CITY COUNCIL AGENDA May 9, 2017 4. REPORTS FROM MAYOR SMITH 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 7. ADMINISTRATIVE REPORTS 7.1 Consideration of a City sponsored valet parking service in Old Towne. RECCOMENBED ACTION: 1) Direct the City Manager to enter into a contract with AmeriPark LLC (AmeriPark) to provide a City sponsored valet parking service for a three month period with one three month extension; and 2) Authorize the use of public parking lots for the valet parking service as needed. 8. REPORTS FROM CITY MANAGER 9. LEGAL AFFAIRS 9.1 Amending various sections of Title 17 to implement changes for accessory dwelling units. Ordinance No. 02 -17 (Second Reading) An Ordinance of the City Council of the City of Orange amending various sections of Title 17 of the Orange Municipal Code to implement changes for accessory dwelling units in accordance with the provisions of state law. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY PAGE 11 CITY COUNCIL AGENDA May 9, 2017 11. PUBLIC HEARINGS 11.1 Zone Change No. 1280 -16, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16, located at 140 N. Hewes Street. Time set for a public hearing to consider Zone Change No. 1280 -16, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16, located at 140 N. Hewes Street. Recommended Council Action ORDINANCE NO. 03-17 (First Reading) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1280- 16 for the establishment of Multi - Family Residential (R -3) zoning consistent with the existing Low Medium Density Residential (LMDR) General Plan Land Use Designation for a vacant lot located at 140 N. Hewes Street. RESOLUTION NO. 11004 A Resolution of the City Council of the City of Orange approving Minor Site Plan 0854- 16, and Design Review No. 4853 -16 for the construction of a one -story single family residence with an attached accessory second dwelling unit and a detached garage located at 140 N. Hewes Street. 12. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, June 13, 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 May 9, 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 avai lable at the Civic Center City Clerk's Office. PAGE 12