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01-14-2020 Council Agenda CITY COUNCIL AGENDA Regular Meeting January 14, 2020 4:30 p.m. Employee Recognition 5:00 p.m. Closed Session 6:00 p.m. Regular Session City Council Chamber 300 E. Chapman Ave. Orange, CA 92866 MARK A. MURPHY Mayor MICHAEL ALVAREZ KIMBERLEE NICHOLS Mayor pro tem Councilmember CHIP MONACO VACANT Councilmember Councilmember Gary A. Sheatz Rick Otto Pamela Coleman City Attorney 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 after 4:00 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 and City Clerk Office counter. 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 on the agenda under the 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. Members of the public are advised that all pagers, cellular telephones and any other communication devices are to be turned off upon entering the 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. CITY COUNCIL AGENDA January 14, 2020 PAGE 3 4:30 P.M. SESSION 1. ROLL CALL 2. ORAL COMMUNICATIONS At this time, members of the public may address the Council on any Employee Recognition items only. Comments are limited to three minutes per person. 3. EMPLOYEE SERVICE AWARDS 4. RECESS The next Regular City Council Meeting will be held on Tuesday, January 14, 2020, at 6:00 p.m. in the Council Chamber with a Closed Session at 5:00 p.m. if necessary. CITY COUNCIL AGENDA January 14, 2020 PAGE 4 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 Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(a) & (d)(1). 1) Case: Orange County Catholic Workers, et al. v. County of Orange, et al. USDC Case No. 8:18-cv-00155 2) Case: Orange Park Association v. City of Orange Orange County Superior Court b. Conference with Legal Counsel – Anticipated litigation pursuant to (Government Code Section 54956.9(d)(2)-(4). (One case) c. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Manager 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, January 14, 2020, at 6:00 p.m. in the Council Chamber. CITY COUNCIL AGENDA January 14, 2020 PAGE 5 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Kyle Cleveland, Saddleback Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Kimberlee Nichols 1.3 ROLL CALL 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS STEAM for Teens & Tweens Presentation by the Orange Public Library Foundation Memorial Adjournment for Terry Armstrong, Captain, Orange Fire Department 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. CITY COUNCIL AGENDA January 14, 2020 PAGE 6 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. 3A. CITY CONSENT CALENDAR 3.1 Confirmation of warrant registers dated December 6, 12, 20, 2019; and January 3, 2020. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of December 10, 2019. RECOMMENDED ACTION: Approve. 3.3 Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. 3.4 Appropriation of $37,816.01 in State of California Office of Emergency Services funding received. RECOMMENDED ACTION: 1) Accept into the City’s revenue budget $37,816.01 in strike team reimbursement funds from State of California Office of Emergency Services, into revenue account number 100.3021.48212.40220 – Lime Fire; 2) Authorize the appropriation of $37,207.52 into expenditure account number 100.302 1.50221.40220, General Fund – Overtime-Safety; and 3) Authorize the appropriation of $608.49 into expenditure account number 100.3021.53860.40220, General Fund – Strike Team Expenditures. 3.5 Approval of plans and specifications and authorization to advertise for bids for Pedestrian Safety Improvements – Audible Pedestrian Signals Upgrade at Various Locations; Bid No. 189-31. RECOMMENDED ACTION: Approve plans and specifications and authorize advertising for bids for the Pedestrian Safety Improvements – Audible Pedestrian Signals Upgrade at Various Locations; Highway Safety Improvement Program L-5073(086) Project. 3.6 Approval of plans and specifications and authorization to advertise for bids for Pedestrian Safety Improvements – Pedestrian Countdown Signals and Safety Improvements at Various Locations; Bid No. 189-32. RECOMMENDED ACTION: Approve plans and specifications and authorize advertising for bids for the Pedestrian Safety Improvements – Pedestrian Countdown Signals and Safety Improvements at Various Locations; Highway Safety Improvement Program L- 5073(085) Project. CITY COUNCIL AGENDA January 14, 2020 PAGE 7 3. CONSENT CALENDAR (Continued) 3.7 Final Acceptance of Bid No. 189-30; Calsense Installation at Various Parks; and authorization to file Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept as complete Calsense Installation at Various Parks; and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.8 Final Acceptance of SP-4107; Electrical Panel Upgrade at Water Reservoir No. 2; and authorization to file Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept as complete Electrical Panel Upgrade at Water Reservoir No. 2; and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.9 Final Acceptance of Bid No. 190-03, SP-4105; Bond Basin Storm Drain Repair; and authorization to file Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept as complete Bond Basin Storm Drain Repair project; and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.10 Claims for Damages. RECOMMENDED ACTION: Deny the following claims for damages and refer to City Attorney and Claims Adjuster: a. EyeMax Optometry, Inc. b. George and Kalliopi Metsovas c. Jeff Barrows d. Young Wook Lee e. Claudia Sanchez f. Susanne D’Arcy g. Roberto Rocha Filho 3.11 Authorize appropriation of $345,000 in park development fees for the Hart Park Pool Deck Repair project and award contract to CT&T Concrete Paving, Inc. in the amount not to exceed $326,265.94. RECOMMENDED ACTION: 1) Authorize the appropriation of $345,000 from Park Acquisition (510) unreserved fund balance to expenditure account 510.7021.56015.20423, Park Acquisition – Hart Park Pool Repair; and 2) Approve contract with CT&T Concrete Paving, Inc. in the amount not to exceed $326,265.94 for demolition and construction services at the Hart Park Pool Deck and authorize the Mayor and City Clerk to execute on behalf of the City. 3.12 Contract Change Order No. 1 with Tesco Controls, Inc. for Bid No. 189-22, Water Supervisory Control and Data Acquisition Upgrade Project. RECOMMENDED ACTION: 1) Authorize the appropriation of $165,000 from the Water Fund unreserved fund balance to expenditure account number 600.8011.56510.18912, Water Fund – Water Plant Telemetry; and 2) Approve Contract Change Order No. 1 with Tesco Controls, Inc., in an amount not to exceed $164,330. CITY COUNCIL AGENDA January 14, 2020 PAGE 8 3. CONSENT CALENDAR (Continued) 3.13 Authorize sole source purchase and installation of Opticom GPS Emergency Vehicle Preemption System from DDL Traffic, Inc. RECOMMENDED ACTION: Approve the sole source purchase and installation of GTT Opticom Emergency Vehicle Preemption System from DDL Traffic, Inc. not to exceed $36,000. 3.14 Support Agreement with SidePath, Inc. for the Civic Center and Police Department storage area networks (SAN). RECOMMENDED ACTION: Approve the agreement with SidePath, Inc. in the amount of $77,882 for the period of February 1, 2020 through January 31, 2021. 3.15 Information Technology Services Agreement with SidePath, Inc. for an upgraded backup and recovery solution. RECOMMENDED ACTION: Approve the agreement with Sidepath, Inc. in the amount of $231,280 and authorize the Mayor and City Clerk to execute on behalf of the City. 3.16 Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcoholic Beverage Control/Office of Traffic Safety Grant Program from October 1, 2019, through August 31, 2020. Resolution No. 11191. RECOMMENDED ACTION: 1) Approve agreement with the State of California, Department of Alcoholic Beverage Control in the amount of $18,000 for the Alcoholic Beverage Control/Office of Traffic Safety Grant Program and authorize the City Manager to execute on behalf of the City; 2) Approve Resolution No. 11191; 3) Accept into the City’s revenue budget an $18,000 grant from the State of California, Department of Alcoholic Beverage Control, into revenue account number 100.4033.45495.30130, ABC- OTS 19-20; and 4) Authorize the appropriation of $18,000 into the following expenditure accounts: 100.4033.50221.30130, Overtime – Safety ABC-OTS Grant 19-20, $17,000; 100.4033.51830.30130, Overnight Training – ABC-OTS Grant 19-20, $1,000. 3.17 Letter of Understanding between the City of Orange and the Orange Municipal Employees’ Association, and Citywide Salary Schedule amendment. Resolution Nos. 11206 and 11207. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange Municipal Employees’ Association effective January 1, 2020, to December 31, 2022. Resolution 11206. A Resolution of the City Council of the City of Orange amending the Citywide Salary Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5. Resolution 11207. RECOMMENDED ACTION: Approve Resolution Nos. 11206 and 11207. CITY COUNCIL AGENDA January 14, 2020 PAGE 9 3. CONSENT CALENDAR (Continued) 3.18 Contract with George Hills Company, Inc. for subrogation services. RECOMMENDED ACTION: Approve the contract with George Hills Company, Inc. for subrogation services and authorize the Mayor and City Clerk to execute on behalf of the City. 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.19 Authorization to approve the Recognized Obligation Payment Schedule (“ROPS”) for the period covering July 1, 2020, through June 30, 2021, Resolution No. SAORA- 033. A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2020, through June 30, 2021 (ROPS 20-21), pursuant to Health and Safety Code Section 34177 and taking certain related actions. RECOMMENDED ACTION: 1) Approve Resolution No. SAORA-033; and 2) Direct staff to transmit ROPS 20-21 and related Administrative Budgets to the Orange Countywide Oversight Board of the Successor Agency to the Orange Redevelopment Agency. END OF CONSENT CALENDAR * * * * * * * * 4. REPORTS FROM MAYOR MURPHY 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 7. ADMINISTRATIVE REPORTS 7.1 Orange Police and Fire Departments Presentation on Evacuation Plans. RECOMMENDATED ACTION: Receive and file. 7.2 Discussion of policy options for Short Term Rental properties. RECOMMENDATED ACTION: Receive and file, and/or provide direction to staff. CITY COUNCIL AGENDA January 14, 2020 PAGE 10 7. ADMINISTRATIVE REPORTS (Continued) 7.3 Audited Financial Statements and Related Financial Reports for the fiscal year ended June 30, 2019. RECOMMENDATED ACTION: Receive and file. 7.4 Extension of Employment Agreement with City Manager Richard Otto. RECOMMENDATED ACTION: Approve extension of employment agreement with City Manager Richard Otto. 8. REPORTS FROM CITY MANAGER 9. LEGAL AFFAIRS 9.1 Senate Bill No. 998: Water Shutoff Protection Act, effective February 1, 2020. Ordinance No. 06-20 (First Reading). An Ordinance amending Section 13.16.080 of the Orange Municipal Code Relating to Water Shutoff Procedures. RECOMMENDATED ACTION: 1) Approve water delinquency and disconnection policy; 2) Introduce Ordinance No. 06-20 for First Reading. An Ordinance of the City Council of the City of Orange amending Section 13.16.080 of the Orange Municipal Code relating to Water Shutoff Procedures; and 3) Set the February 11, 2020, Regular City Council meeting as the time and place for the Second Reading and adoption. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 Development Impact Fee Update for Park Facilities, Library Facilities, Police Facilities, and Fire Protection Facilities. Time set for a public hearing to consider revising the development impact fees for park facilities, library facilities, police facilities, and fire protection facilities. Recommended Action: 1) Approve Ordinance No. 04-20 for first reading. An ordinance of the City Council of the City of Orange amending Chapter 3.40 of the Orange Municipal Code to update the development categories subject to park facilities fees and modify the yearly adjustment method for park facilities fees. 2) Approve Ordinance No. 05-20 for first reading. An ordinance of the City Council of the City of Orange amending Chapter 16.60 of the Orange Municipal Code to update the categories of development subject to park dedication and fees and modify the yearly adjustment method for park dedication and fees. CITY COUNCIL AGENDA January 14, 2020 PAGE 11 11. PUBLIC HEARINGS (Continued) 3) Approve Ordinance No. 03-20 for first reading. An ordinance of the City Council of the City of Orange amending Chapter 3.50 of the Orange Municipal Code to update the development categories subject to library facilities fees, impose library facilities fees on commercial development and modify the yearly adjustment method for library facilities fees. 4) Approve Ordinance No. 02-20 for first reading. An ordinance of the City Council of the City of Orange amending Chapter 3.13 of the Orange Municipal Code to update the development categories subject to police facility development fees and modify the minimum value of construction and yearly adjustment method for police facility development fees. 5) Approve Ordinance No. 01-20 for first reading. An ordinance of the City Council of the City of Orange amending Chapter 15.38 of the Orange Municipal Code to update the development categories subject to fire protection facilities program fees and modify the minimum value of construction and yearly adjustment method for fire protection facilities program fees. 6) Approve Resolution No. 11204. A resolution of the City Council of the City of Orange repealing Resolution No. 9724 and revising the park facilities fee categories and related fees. 7) Approve Resolution No. 11205. A resolution of the City Council of the City of Orange repealing Resolution No. 9723 and revising the park in lieu fee categories and related fees. 8) Approve Resolution No. 11203. A resolution of the City Council of the City of Orange repealing Resolution No. 9725 and revising the library facilities fee categories and related fees. 9) Approve Resolution No. 11202. A resolution of the City Council of the City of Orange repealing Resolution No. 7838 and revising the police facility development fee categories and related fees. 10) Approve Resolution No. 11201. A resolution of the City Council of the City of Orange repealing Resolution No. 10195 and revising the fire protection facilities fee categories and related fees. 12. ADJOURNMENT The City Council will adjourn in memory of Terry Armstrong, Orange Fire Department Captain. The next Regular City Council Meeting will be held on Tuesday, February 11, 2020, 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 January 14, 2020, 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.