Council Agenda 12-8-20156:00 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 maybe 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.
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6:00 p.m. Session.
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profane remarks or who becomes boisterous while addressing the Council shall, by the presiding
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CITY COUNCIL AGENDA
December 8, 2015
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Pastor Brenton Fessler, RefugeOC
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Michael Alvarez
1.3 ROLL CALL
PRESENT -
ABSENT -
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The Community Foundation of Orange presents a Field of Valor report and thank you.
Presentation of a Retirement Resolution for Abel Bernal for 30 years of dedicated service.
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.
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CITY COUNCIL AGENDA
December 8, 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 November 5, 12, 19, and 25, 2015.
RECOMMENDED ACTION: Approve.
3.2 City Council Minutes, Regular Meeting of November 10, 2015.
RECOMMENDED ACTION: Approve.
3.3 Waive reading in full of all ordinances on the Agenda.
RECOMMENDED ACTION: Approve.
3.4 Investment Oversight Committee Report for the period ending November 30, 2015.
RECOMMENDED ACTION: Receive and file.
3.5 Submittal of Annual Financial Reports for Development Impact Fees for Fiscal Year
2014 -15.
RECOMMENDED ACTION: Receive and file.
3.6 Approval of funding to cover the cost of inspections administered by the Municipal
Water District of Orange County (MWDOC) for the Turf Removal Rebate program
provided by the Metropolitan Water District of Southern California (MET) in the
City of Orange's water service area.
RECOMMENDED ACTION: Authorization to increase the funding for Turf Removal
Rebate program inspection in the amount of $20,000.
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CITY COUNCIL AGENDA
December 8, 2015
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.7 Mills Act Contract No. MAC - 242.0 -15 (Historic Property Preservation Agreement)
162 North Harwood Street.
RECOMMENDED ACTION: Approve a Mills Act Contract (Historic Property
Preservation Agreement) between City of Orange and the property owner for the
preservation and rehabilitation of a qualified historic property in exchange for a reduced
property tax assessment.
3.8 Mills Act Contract No. MAC - 244.0 -15 (Historic Property Preservation Agreement)
159 South Waverly Street.
RECOMMENDED ACTION: Approve a Mills Act Contract (Historic Property
Preservation Agreement) between City of Orange and the property owner for the
preservation and rehabilitation of a qualified historic property in exchange for a reduced
property tax assessment.
3.9 Mills Act Contract No. MAC - 245.0 -15 (Historic Property Preservation Agreement)
603 East Jefferson Avenue.
RECOMMENDED ACTION: Approve a Mills Act Contract (Historic Property
Preservation Agreement) between City of Orange and the property owner for the
preservation and rehabilitation of a qualified historic property in exchange for a reduced
property tax assessment.
3.10 Mills Act Contract No. MAC - 246.0 -15 (Historic Property Preservation Agreement)
152 South Pine Street.
RECOMMENDED ACTION: Approve a Mills Act Contract (Historic Property
Preservation Agreement) between City of Orange and the property owner for the
preservation and rehabilitation of a qualified historic property in exchange for a reduced
property tax assessment.
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CITY COUNCIL AGENDA
December 8, 2015
3. CONSENT CALENDAR (Continued)
3.11 Mills Act Contract No. MAC - 247.0 -15 (Historic Property Preservation Agreement)
261 North Cambridge Street.
RECOMMENDED ACTION: Approve a Mills Act Contract (Historic Property
Preservation Agreement) between City of Orange and the property owner for the
preservation and rehabilitation of a qualified historic property in exchange for a reduced
property tax assessment.
3.12 Agreement with Royer Landscape Construction Inc. for an amount not to exceed
$35,008.60 to provide Demolition and Hardscape Installation Work at Grijalva Park.
RECOMMENDED ACTION: Approve Agreement and authorize the Mayor and City
Clerk to execute on behalf of the City.
3.13 Second Amendment to Agreement with Nieves Landscape, Inc. for Landscape
Maintenance Services for City Facilities and Rights of Way to increase the amount
for FY 16 from $227,459.98 to $267,459.98.
RECOMMENDED ACTION: 1) Approve the Second Amendment to Agreement 5778.A
with Nieves Landscape, Inc.; and 2) Authorize the Mayor and City Clerk to execute on
behalf of the City.
3.14 Field Maintenance Services Agreement with Major League Infields, Inc., to perform
Regular Maintenance Work on City Softball Fields at El Camino Real Park for an
amount not to exceed $34,840.00 per year.
RECOMMENDED ACTION: Approve the Agreement and authorize the Mayor and City
Clerk to execute on behalf of the City.
3.15 Purchase of Electronic Patient Care Reporting (ePCR) and Mobile Device
Management (MDM) Software for Orange City Fire Department.
RECOMMENDED ACTION: 1) Authorize a 1 -year agreement (with 1 -year extension
options) between the City of Orange and W.A.T.E.R. for comprehensive Emergency
Medical Service (EMS) Information and Database Software; 2) Authorize a 1 -year
agreement (with 1 -year extension options) between the City of Orange and MDM Software
Company; 3) Authorize the transfer of $28,601 from expenditure account number
120.3021.56032.12955, Mobile Data Computers to expenditure account number
120.3022.56033.20259, ePCR Software Replacement Project; and 4) Authorize the
appropriation of $37,439 from the Emergency Transport Program (125) unreserved fund
balance to expenditure account 125.3015.56033.20259, ePCR Software Replacement
Project.
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CITY COUNCIL AGENDA
December 8, 2015
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.16 Assembly Bill 109, the 2011 Public Safety Realignment Act, was implemented on
October 1, 2011. The bill transferred responsibility for the incarceration, treatment,
and supervision of specified adult felons from the California Department of
Corrections and Rehabilitation (CDCR) to each county under the Post - release
Community Supervision (PCS) program. AB 109 contains a budget to fund overtime
services for local agencies to assist counties with case management of these offenders.
RECOMMENDED ACTION: 1) Authorize the Mayor to execute the MOU between the
City and the County of Orange for Public Safety Realignment and Post - release Community
Supervision Cost Reimbursement to Local Law Enforcement Agencies for Enhanced
Services and Other Authorized Expenditures; 2) Accept into the City's revenue budget a
$22,443.48 funding allocation from the County of Orange into revenue account number
100.4031.45495.20159, General Fund - Post - release Community Supervision; and
3) Authorize the appropriation of $22,443.48 into expenditure account
100.4031.50221.20159, General Fund - Post - release Community Supervision.
3.17 Appropriation of Designated Grant Funding Received from the California
Department of Resources Recycling and Recovery (CalRecycle) for the Beverage
Container Recycling Program.
RECOMMENDED ACTION:
1) Accept into the City's revenue budget $36,784 in grants from CalRecycle and
appropriate to the following revenue account number:
220.5022.45290.20258 Beverage Container Recycling 14 -15 36,784
2) Authorize the appropriation of $36,784 into the following expenditure account numbers:
220.5022.50002.20258 Bev. Container Recycling 14 -15 — Salaries and Ben. 3,284
220.5022.51001.20258 Bev. Container Recycling 14 -15 — Contractual Serv. 32,500
220.5022.53001.20258 Bev. Container Recycling 14 -15 — Material & Supp. 1,000
3.18 Approval for a budget adjustment for the purchase of medical supplies.
RECOMMENDED ACTION: 1) Approve the appropriation of $118,500 from the EMT
Transport (125) unreserved fund balance to expenditure account 125.3022.53510.00000
(Fire /Paramedic Medical Supplies); and 2) Approve the increase to the existing purchase
order as follows: Life Assist — increase from $93,500 to $187,000.
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CITY COUNCIL AGENDA
December 8, 2015
3. CONSENT CALENDAR (Continued)
3.19 FY 15 Urban Areas Security Initiative (UASI) Grant: H1 -UASI Regional Training
Program- Instructors Allocation.
RECOMMENDED ACTION: 1) Approve the agreement between the City of Orange and
the City of Santa Ana in an amount not to exceed $10,227 and authorize the City Manager
to execute the agreement on behalf of the City; 2) Accept into the City's revenue budget a
$6,818 grant from the Anaheim/Santa Ana Urban Areas UASI into revenue account
number 100.3023.45495.20260 (Fire Training -Hl UASI Regional Training Program -
Instructors 2015); 3) Authorize the appropriation of $6,818 into expenditure account
number 100.3023.51840.20260 (Fire Training -H1 UASI Regional Training Program -
Instructors 2015); 4) Accept into the City's revenue budget a $3,409 grant from the
Anaheim/Santa Ana Urban Areas UASI into revenue account number
100.4081.45495.20260 (Police - Homeland Security Overtime Safety -H1 UASI Regional
Training Program- Instructors 2015); and 5) Authorize the appropriation of $3,409 into
expenditure account number 100.4081.50221.20260 (Police - Homeland Security- Overtime
Safety -H1 UASI Regional Training Program - Instructors 2015).
3.20 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. Arturo Reyes Gonzalez
b. Dinh Doan
c. Irma Supancic and surviving children of Michael Supancic
d. Natividad Villalba
e. Justin D. Morse
RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and
Adjuster.
CONTRACTS
3.21 Award of Contract - Bid No. 156 -13; Emergency Generator for Carver Pump Station
(W -674).
RECOMMENDED ACTION: Award a contract in the amount of $131,400 to TSR
Construction and Inspection and authorize the Mayor and City Clerk to execute the
necessary documents on behalf of the City.
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CITY COUNCIL AGENDA
December 8, 2015
3. CONSENT CALENDAR (Continued)
3.22 Award of Contract — Bid No. 156 -20; Mechanical Services and Preventive
Maintenance for Heating Ventilation, and Air Conditioning Equipment (HVAC) at
Various City Buildings.
RECOMMENDED ACTION: Award the contract in the amount of $69,030 to K & J Air
Conditioning, and authorize the Mayor and City Clerk to execute the documents on behalf
of the City.
3.23 Award of Contract - Bid No. 156 -21; Annual Concrete Replacement at Various
Locations, Fiscal Year 2015 -16.
RECOMMENDED ACTION: Award the contract in the amount of $506,500 to EBS
Engineering, Inc., Corona, CA 92879; and authorize the Mayor and the City Clerk to
execute on behalf of the City.
3.24 Award of Contract — Bid No. 156 -22; Roof Coating at Water Warehouse.
RECOMMENDED ACTION: Award the contract in the amount of $34,000.00 to
Industrial Coating & Restoration, Inc., and authorize the Mayor and City Clerk to execute
the necessary documents on behalf of the City.
3.25 Award of Contracts — REP No. 156 -05; Tree Services for Public Works and
Community Services Departments.
RECOMMENDED ACTION: 1) Award an annual contract in an amount of $613,365 per
calendar year to WCA for tree services within public street right -of -way citywide for a
term of five years starting January 1, 2016. Authorize the Mayor and City Clerk to execute
the necessary documents on behalf of the City of Orange; 2) Award an annual contract in
an amount of $300,000 per calendar year to WCA for tree services within parks, City
facilities, medians, rights -of -way (parkway trees), and assessment districts for a term of
five years starting January 1, 2016; and authorize the Mayor and City Clerk to execute the
necessary documents on behalf of the City of Orange; 3) Authorize the appropriation of
$207,600 from the Sanitation (220) Unreserved Fund Balance to expenditure account
number 220.5022.51700.00000, Sanitation — Contractual Services; 4) Authorize the
appropriation of $39,000 from the Water (600) Unreserved Fund Balance to expenditure
account number 600.8041.51431.00000, Water — Landscape Maintenance; and 5)
Authorize the appropriation of $63,400 from the General Fund Unreserved Fund Balance
to expenditure accounts: 100.7022.51420.00000 — Maintenance Contracts $56,000;
100.7012.51431.00000 — Landscape Maintenance $2,000; and 100.7022.51431.00000 —
Landscape Maintenance $5,400, for a total of $63,400.
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CITY COUNCIL AGENDA
December 8, 2015
3. CONSENT CALENDAR (Continued)
PURCHASES
3.26 Purchase of two Ambulance/Rescue Units for the Orange Fire Department.
RECOMMENDED ACTION: 1) Authorize the purchase of two class -one ambulances
from Braun Industries, located in Van Wert, Ohio in the amount of $285,756.12 each for a
total expenditure of $571,512.24; and 2) Authorize the City Manager to surplus the vehicles
scheduled to be replaced.
3.27 Purchase eight miscellaneous Service Vehicles for the Department of Public Works
and the Community Services Department.
RECOMMENDED ACTION: Authorize the purchase of six half -ton service trucks, a one -
ton service body truck, and one mid -size utility vehicle from Ford of Orange in the amount
of $231,395.36; and 2) Authorize the City Manager to surplus the replaced vehicles.
3.28 Approve the purchase and installation of a new Storage Area Network (SAN) for
Civic Center and increase the capacity of the SAN at the Police Department.
RECOMMENDED ACTION: Authorize the purchase and installation of a new Storage
Area Network for the Civic Center and the purchase and installation of additional storage
capacity in the SAN at the Orange Police Department from Sidepath, Inc. of Irvine, CA in
the amount of $373,980.33.
REPORTS
3.29 Implementation Status Report on the Recommendations from the Organizational
Assessment for Development Services.
RECOMMENDED ACTION: Receive and file report.
RESOLUTIONS
3.30 RESOLUTION NO. 10903
A Resolution of the City Council of the City of Orange expressing appreciation to Abel
Bernal and commending him for thirty years of loyal and dedicated service.
RECOMMENDED ACTION: Approve
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CITY COUNCIL AGENDA
December 8, 2015
3. CONSENT CALENDAR (Continued)
3.31 RESOLUTION NO. 10910
A Resolution of the City Council of the City of Orange finding that a portion of the hillside
slopes located on the easterly side of reservoirs 1 and 1 A, and the westerly side of reservoir
2 are no longer needed by the public and ordering the surplus thereof and reserving all
public utility easements, and authorizing approval of the Land Exchange Agreement
between the City of Orange and the New Home Company (Marywood Project).
RECOMMENDED ACTION: 1) Adopt Resolution No. 10910, and 2) Authorize the
Mayor to execute the Land exchange and Easement Agreement after the expiration of the
60 day notice period for surplus City property.
3.32 RESOLUTION NO. 10912
A Resolution of the City Council of the City of Orange amending the Master Schedule of
Fees and Charges to adjust Emergency Medical Services and Ground Ambulance
Transportation Rates.
RECOMMENDED ACTION: Approve.
MOTION -
SECOND -
AYES -
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
4.1 Re- appointment of Michael Alvarez to the Orange County Mosquito and Vector
Control District Board.
MOTION -
SECOND -
AYES -
5. REPORTS FROM COUNCILMEMBERS
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7. ADMINISTRATIVE REPORTS
8. REPORTS FROM CITY MANAGER
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CITY COUNCIL AGENDA
December 8, 2015
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 04-15 (SECOND READING)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code to Clarify City Standards for Residential Accessory Structure Setbacks.
MOTION -
SECOND -
AYES -
9.2 ORDINANCE NO. 05-15(A) (SECOND READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 -
14(A) rezoning properties in the Industrial 2010 General Plan Land Use Focus Area located
at 546 North Batavia Street to Multiple Family Residential to establish consistency
between the Medium Density Residential General Plan Land Use designation and Zoning
classification in accordance with State law.
Zone Change No. 1276 -14(A)
Applicant: City of Orange
MOTION -
SECOND -
AYES -
9.3 ORDINANCE NO. 09 -15 (SECOND READING)
An Ordinance of the City Council of the City of Orange approving Zone Change 1274 -14
changing project site zoning from Limited Business (C -1) to Residential Multifamily -
Specific Plan (R -3 (SP)) and approving the associated Orange -Olive Residential Specific
Plan.
Zone Change No. 1274 -14
Applicant: MBK Homes
MOTION -
SECOND -
AYES -
9.4 ORDINANCE NO. 10 -15 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Chapter 5.89 of the
OMC Prohibiting the Business of Selling, Cultivating or Distributing Cannabis.
MOTION -
SECOND -
AYES -
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CITY COUNCIL AGENDA
December 8, 2015
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 General Plan Amendment No. 2014 -0001
Time set for a public hearing to consider approval of an amendment to the Orange General
Plan including text and graphic updates, and limited changes to City policies for purposes
of maintaining document accuracy.
Staff Report/Council Questions
Open Hearing /Public Comments /Close Hearing
Council Comments /Council Action
Recommended Council Action
1) Find that the proposed General Plan Amendment is within the scope of the previously
approved 2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09;
and find that the Program EIR adequately addresses the document accuracy revisions for
purposes of CEQA and no new environmental documents are required.
2) RESOLUTION NO. 10911
A Resolution of the City Council of the City of Orange General Plan Amendment No.
2014 -0001 amending the Orange General Plan including text and graphic updates, and
limited changes to City policies for document accuracy.
MOTION -
SECOND -
AYES -
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CITY COUNCIL AGENDA
December 8, 2015
11. PUBLIC HEARINGS (Continued)
11.2 Appeal No. 0538 -15 - Newport Academy Appeal
Time set for a public hearing to consider Appeal No. 0538 -15 of the Planning Commission
decision to uphold the Community Development Director's denial of reasonable
accommodation 0003 -14, Newport Academy, 1655 Hunters Way.
Staff Report/Council Questions
Open Hearing /Public Comments /Close Hearing
Council Comments /Council Action
Recommended Council Action
Motion on Appeal No. 0538 -15.
MOTION -
SECOND -
AYES -
11.3 Appeal No. 0543 -15 - Watson's Liquor License Approval
Time set for a public hearing to consider Appeal No. 0543 -15. An appeal of the Planning
Commission decision to approve Conditional Use Permit No. 2985 -15 for an Alcoholic
Beverage Control (ABC) Type 47 license for a restaurant at 116 -120 E. Chapman Avenue.
Staff Report/Council Questions
Open Hearing /Public Comments /Close Hearing
Council Comments /Council Action
Recommended Council Action
Motion on Appeal No. 0543 -15.
MOTION -
SECOND -
AYES -
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CITY COUNCIL AGENDA
December 8, 2015
12. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
13. ADJOURNMENT
The next Regular City Council Meeting will be held on Tuesday, January 12, 2016, 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 December 8, 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.
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