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SR - - (21)June 9, 2015 4:00 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.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 June 9, 2015 4:00 P.M. SESSION 1. 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. 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, June 9, 2015, at 6:00 p.m. in the Council Chambers. PAGE 3 CITY COUNCIL AGENDA June 9, 2015 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Reverend Chineta Goodjoin, New Hope Presbyterian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Mark A. Murphy 1.3 ROLL CALL PRESENT - ABSENT - 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of a Military Banner to Michael Paulsen Presentation of a Retirement Resolution for Pat Buttress, Orange Planning Commissioner Memorial Adjournment for Jo Barrera, wife of Mayor Pro Tem Emeritus Fred Barrera 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 June 9, 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, May 7, 14, 21, and 28, 2015. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of May 12, 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 May 31, 2015. RECOMMENDED ACTION: Receive and file. 3.5 City of Orange "Standards of Cover Assessment 2015" study conducted by Citygate Associates, LLC on behalf of the Orange City Fire Department. RECOMMENDED ACTION: Receive and file. 3.6 Approval of expenditure for City of Orange Fire Department's Strategic Plan. RECOMMENDED ACTION: 1) Approve the expenditure for the Fire Department's Strategic Plan to be performed on a sole source basis by Citygate Associates, LLC; and 2) Authorize the purchase of the Strategic Plan study from expenditure account 100.3011.51670.00000 (Other Professional and Consulting Services) in the amount of $49,360. PAGE 5 CITY COUNCIL AGENDA June 9, 2015 3. CONSENT CALENDAR (Continued) AGREEMENTS 3.7 Agreement with California Forensic Phlebotomy (CFP), Inc. to take evidence in incidents that involve DUI and drugs for the Police Department. RECOMMENDED ACTION: Approve the Consultant Services Agreement between the City of Orange and CFP in an amount not to exceed $100,000 and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.8 Agreement with TriTech Software Systems (formerly VisionAIR) for software upgrades and maintenance for the Police Department's computer -aided dispatch and records management system (CAD /RMS). RECOMMENDED ACTION: Approve the Consultant Services Agreement between the City of Orange and TriTech Software Systems in the amount of $103,068.58 and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.9 Agreement with Judicial Data Systems Corporation (JDS) for parking citation processing for the Police Department. RECOMMENDED ACTION: Approve the Consultant Services Agreement between the City of Orange and JDS in an amount not to exceed $50,000 and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.10 Agreements with County of Orange for Provision of Point of Dispensing (POD) Site Equipment Services and Provision of Point of Dispensing Site Services. RECOMMENDED ACTION: When received from the County, approve the Agreements between the City of Orange and County of Orange Provision of Point of Dispensing (POD) Site Equipment Services and Provision of Point of Dispensing Site Services and authorize the Mayor and the City Clerk to execute the agreement on behalf of the City. 3.11 Affordable Housing Loan Agreement by and between the City of Orange and Lemon Grove, LP Relating to 1148 North Lemon Street. RECOMMENDED ACTION: 1) Adopt Resolution No. 10869 - A Resolution of the City Council of the City of Orange Approving an Affordable Housing Loan Agreement by and between the City of Orange and Lemon Grove, LP relating to 1148 North Lemon Street and Making Certain Findings; and 2) Authorize the City Manager to execute the Agreement and all related documents on behalf of the City. PAGE 6 CITY COUNCIL AGENDA June 9, 2015 3. CONSENT CALENDAR (Continued) 3.12 Agreement with Willdan Financial Services to perform special district administration, delinquency management, arbitrage rebate, and municipal disclosure services. RECOMMENDED ACTION: Approve and authorize the Mayor and City Clerk to execute the agreement with Willdan Financial Services on behalf of the City. 3.13 Second Amendment to SirsiDynix Migration to Unicorn Software License and Purchase Agreement (AGR #4384) for maintenance support of SirsiDynix online library catalog software. RECOMMENDED ACTION: Approve the amendment and authorize the Mayor and City Clerk to execute on behalf of the City. BIDS 3.14 Bid No. 145 -37; Sewer Line Cleaning and Video Inspection, rejection of all bids. RECOMMENDED ACTION: 1) Reject all bids received; and 2) Authorize staff to re- advertise this project with a reduced scope of work. 3.15 Bid No. 145 -52; Bus Stop Enhancements at Seven Locations Citywide Project, rejection of all bids. RECOMMENDED ACTION: 1) Reject all bids received; 2) Accept into the City's revenue budget a $145,446 grant from Orange County Transportation Authority (OCTA) into revenue account number 550.5011.45110.30076 Bus Stop Enhancements; and 3) Authorize the appropriation of $145,446 into expenditure account number 550.5011.56100.30076 for the Bus Stop Enhancements. 3.16 Bid No. 145 -57; Drought Resistant Landscape Renovation of the Water Plant Headquarters and South Yard (W -673); and approval of plans and specifications and authorization to advertise for bids. RECOMMENDED ACTION: Approve plans and specifications and authorize advertising for bids for the Drought Resistant Landscape Renovation for Water Plant Headquarters and South yard Project (W -673). PAGE 7 CITY COUNCIL AGENDA June 9, 2015 3. CONSENT CALENDAR (Continued) 3.17 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. Thomas James Dawkins, Jr. RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.18 Award of Contract - Bid No. 145 -53; Sewer Line Replacement at Various Locations Project, FY 2014 -15. RECOMMENDED ACTION: 1) Approve Vasily Company, Inc. of Shadow Hills withdrawal bid request; and 2) Accept the next lowest bid, and award the contract to Vasilj, Inc. of Irwindale, California, in the amount of $1,043,300 and authorize the Mayor and City Clerk to execute the contract on behalf of the City. 3.19 Award of Contract - Bid No.145 -39; Well No. 27 Equipping Plan (W -659). RECOMMENDED ACTION: 1) Transfer $300,000.00 from Account No. 600.8011.56411.18120 (Well 28 Construction) to Account No. 600.8011.56411.18119 (Well 27 Construction); 2) Authorize the appropriation of $200,000.00 from the Water Fund Unreserved Fund Balance to Account No. 600.8011.56411.18119 (Well 27 Construction); and 3) Award a contract in the amount of $2,244,587.00 to Cora Constructors, Inc. and authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.20 Final Acceptance of Bid No. 145 -03; Glassell St. and Palm Ave. Intersection Traffic Signal Installation project performed by Elecnor Belco Electric, 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 Fidelity and Deposit Co. of Maryland Bond No. PRF9172210 in the amount of $293,000.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. PAGE 8 CITY COUNCIL AGENDA June 9, 2015 3. CONSENT CALENDAR (Continued) 3.21 Contract Change Order No. 2 and Final for Agreement No. 6168; Installation of network cabling for Civic Center Administration, Public Works, Community Services, Corporation Yard Fleet, and other City off - campus buildings Project. RECOMMENDED ACTION: Approve Contract Change Order No. 2 and Final in the amount of $11,500 to GA Technical Services, Inc. PURCHASES 3.22 Purchase of Winchester Law Enforcement ammunition from Dooley Enterprises, Inc. as a sole source vendor for fiscal year 2015 -16. RECOMMENDED ACTION: Authorize the purchase of Police Department ammunition from Dooley Enterprises, Inc. in the amount of $70,000 for fiscal year 2015 -16. 3.23 Purchase of Police Department uniforms and accessories from Keystone Uniforms OC through a cooperative purchasing agreement for fiscal year 2015 -16. RECOMMENDED ACTION: Authorize purchase of Police Department uniforms from Keystone Uniforms OC in the amount of $90,000. 3.24 Approve the purchase of two aerial lift trucks for a total amount of $291,007.20. RECOMMENDED ACTION: Authorize the purchase of two aerial lift trucks from Altec Industries, Inc. and Authorize the City Manager to surplus the replaced vehicles. RESOLUTIONS 3.25 RESOLUTION NO. 10866 A Resolution of the City Council of the City of Orange approving and adopting a Statement of Investment Policy for Fiscal Year 2015 -16. RECOMMENDED ACTION: Approve. PAGE 9 CITY COUNCIL AGENDA June 9, 2015 3. CONSENT CALENDAR (Continued) 3.26 RESOLUTION NO. 10872 A Resolution of the City Council of the City of Orange authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for installation of a Bio Clean Hydrodynamic Separator Unit and Connector Pipe Screens. RECOMMENDED ACTION: Approve 3.27 RESOLUTION NO. 10873 A Resolution of the City Council of the City of Orange concerning the status of the Circulation and Mobility Element and Mitigation Fee Program for the City of Orange. RECOMMENDED ACTION: Approve. 3.28 RESOLUTION NO. 10874 A Resolution of the City Council of the City of Orange expressing appreciation and commending Patricia "Pat" Buttress for four and one -half years of dedicated service to the Planning Commission. RECOMMENDED ACTION: Approve. SPECIAL EVENTS 3.29 Request to close the Orange Public Libraries to accommodate various events and holidays in FY 2015 -16. RECOMMENDED ACTION: Approve the closure of the Orange Public Library & History Center (OPL & HC) and the two branches (Taft & El Modena) as follows: Friday & Saturday, July 3rd & 4 th (all branches closed); Friday, September 4" (OPL & HC closed from 2:30 - 6 p.m.); Saturday, September 5t (OPL & HC closed all day); and Monday, January 18 (all branches closed all day). MOTION - SECOND - AYES - END OF CONSENT CALENDAR PAGE 10 CITY COUNCIL AGENDA June 9, 2015 4. REPORTS FROM MAYOR SMITH 4.1 Appointment(s) to the City of Orange Planning Commission. RECOMMENDED ACTION: Appointment(s) of Doug Willits to City of Orange Planning Commission. MOTION - SECOND - AYES - 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept the Resignation of William Steiner from the Planning Commission, Effective June 30, 2015; Post Vacancy Notice Pursuant to the Maddy Act. MOTION - SECOND - AYES - 7. ADMINISTRATIVE REPORTS 7.1 Resolution of Support for a Year - Around Homeless Emergency Shelter and Multi Service Center for North Orange County. RECOMMENDED ACTION: Approve Resolution No. 10875. MOTION - SECOND - AYES - PAGE 11 CITY COUNCIL AGENDA June 9, 2015 8. REPORTS FROM CITY MANAGER 8.1 Irvine Ranch Water District (IRWD) application to Local Agency Formation Commission (LAFCO) regarding provisions for Sewer Service in the City of Orange Sphere of Influence specifically Orange County Sanitation District (OCSD) Area 7. RECOMMENDED ACTION: Review and authorize a letter of support for IRWD's application for the transfer of OCSD Area 7 local sewer service to Orange County Local Agency Formation Commission (LAFCO). MOTION - SECOND - AYES - 9. LEGAL AFFAIRS 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 Landscape Maintenance District 15 -1 Time set for a public hearing to consider the proposed Landscape Maintenance District No. 15 -1 assessment. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action 1) Open the public hearing for the proposed Landscape Maintenance District No. 15 -1 assessment; 2) After the conclusion of the public input portion of the public hearing, close the balloting period and direct the City Clerk, as tabulator, to tabulate all ballots received; and 3) Continue the public hearing to July 14, 2015, to announce the results of the balloting and, if successful, to consider levying the assessments. MOTION - SECOND - AYES - PAGE 12 CITY COUNCIL AGENDA June 9, 2015 11. PUBLIC HEARINGS (Continued) 11.2 Landscape Maintenance District 86 -2 (Santiago Hills). Time set for a public hearing to consider the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 86 -2, which is located within the Upper Peters Canyon Specific Plan Area (Santiago Hills). Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action 1) RESOLUTION NO. 10870 A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the Annual Assessment for Landscape Maintenance District 86 -2 (Santiago Hills). MOTION - SECOND - AYES - 2) Establish the Assessment for Fiscal Year 2015 -16 for Landscape Maintenance Assessment District 86 -2 at $369.44 per single family unit per year. MOTION - SECOND - AYES - PAGE 13 CITY COUNCIL AGENDA June 9, 2015 11. PUBLIC HEARINGS (Continued) 11.3 Landscape Maintenance District 94 -1 (Sycamore Crossing). Time set for a public hearing to consider the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 94 -1, which is located in the Sycamore Crossing Tract. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action 1) RESOLUTION NO. 10871 A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the Annual Assessment for Landscape Maintenance District 94 -1 (Sycamore Crossing). MOTION - SECOND - AYES - 2) Establish the Assessment for Fiscal Year 2015 -16 for Landscape Maintenance Assessment District 94 -1 at $293.08 per single family unit per year. MOTION - SECOND - AYES - PAGE 14 CITY COUNCIL AGENDA June 9, 2015 11. PUBLIC HEARINGS (Continued) 11.4 Proposed Fiscal Year 2015 -16 (FY 16) City of Orange Budget and Seven Year Capital Improvement Program including approval of recommended personnel actions. Time set for a public hearing to consider the Proposed Fiscal Year 2015 -16 (FY 16) City of Orange Operating Budget. Staff Report / Council Questions Open Hearing / Public Comments / Close Hearing Council Comments / Council Action Recommended Council Action FY 2015 -16: 1) RESOLUTION NO. 10867 A Resolution of the City Council of the City of Orange Adopting said City's Budget for the Fiscal Year 2015 -16 and Relating to Transfers of Funds between and within Appropriations, Transfers between Funds, and additional Appropriations. MOTION - SECOND - AYES - 2) RESOLUTION NO. 10868 Adopt the Gann appropriations limit of $156,083,553 for Fiscal Year 2015 -16. MOTION - SECOND - AYES - 3) Find that the portion of the Fiscal Year 2015 -16 Budget subject to the Gann limit is $89,913,761, and therefore within the limit. MOTION - SECOND - AYES - PAGE 15 CITY COUNCIL AGENDA June 9, 2015 11. PUBLIC HEARINGS (Continued) 11.5 Appeal 0539 -15 — Century Theatres, 1701 West Katella Avenue. Time set for a public hearing to consider an appeal of the Planning Commission's denial of a conditional use permit to serve beer and wine at an existing movie theater under a State Alcohol and Beverage Control (ABC) Type 41 License. Staff Report / Council Questions Open Public Hearing / Public Comments / Close Public Hearing Council Comments / Council Action Recommended Council Action Motion to uphold or deny Appeal No. 539 -15. Direct staff to return with a resolution approving or denying CUP No. 2960 -14. MOTION - SECOND - AYES - 12. ADJOURNMENT The City Council will adjourn in memory of Jo Barrera, wife of Mayor Pro Tern Emeritus Fred Barrera. The next Regular City Council Meeting will be held on Tuesday, July 14, 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 June 9, 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 16