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SR - - (17)O O RS CITY COUNCIL AGENDA C�UIVTY GP Regular Meeting May 10, 2016 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 the public are advised that all pagers, cellular telephones and any other communication devices are to be turned off upon entering hey 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 l k'l� �'.C3� "4Z 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 May 10, 2016 5:00 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 Real Property Negotiator — Real property negotiations pursuant to Government Code Section 54956.8: Property: 555 S. Shaffer City Negotiator: Mary Ellen Laster, Senior Housing Manager Negotiating Parties: City of Orange and Triangle Terrace Affordable, L.P. Under Negotiation: Lease terms 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, May 16, 2016, at 6:00 p.m. in the Council Chamber. PAGE 3 CITY COUNCIL AGENDA May 10, 2016 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Father Pat Rudolph, St. Norbert Catholic Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Fred Whitaker 1.3 ROLL CALL PRESENT - ABSENT - 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation by the Community Foundation of Orange to participants in the Foundation Games Presentation of Proclamation Recognizing National Public Works Week, May 15 -21, 2016 Presentation of Orange County Human Relations 2016 Annual Report 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 10, 2016 3. 3.1 3.2 3.3 3.4 3.5 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. Confirmation of warrant registers dated April 7, 14, 21, and 28, 2016. RECOMMENDED ACTION: Approve. City Council Minutes, Regular Meeting of March 8, 2016, April 12, 2016, and Adjourned Regular Meeting of March 22, 2016. RECOMMENDED ACTION: Approve. Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. Treasurer's Report for the Months of January, February, and March 2016. RECOMMENDED ACTION: Receive and file. AGREEMENTS Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) Agency Service Plan for Senior Transportation Services. RECOMMENDED ACTION: Approve OCTA SMP Agency Services Plan and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 5 CITY COUNCIL AGENDA May 10, 2016 3. CONSENT CALENDAR (Continued) 3.6 Agreement between the City of Orange and VCI Event Technology to Provide Audio, Lighting, Electrical, and Staging Services at the Tree Lighting Ceremony and Candlelight Choir Procession and the Third of July Celebration for a five -year period, for an amount not -to- exceed $295,751.50. RECOMMENDED ACTION: 1) Approve Agreement between the City of Orange and VCI in the amount of $295,751.50; and 2) Authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 3.7 Agreement with KASA Construction, Inc. to Provide Landscape and Irrigation Renovation work in the Santiago Hills Assessment District for an amount not -to- exceed $97,350.00. RECOMMENDED ACTION: Approve Agreement and authorize the Mayor and City Clerk to execute on behalf of the City. 3.8 Agreement with Nieves Landscape, Inc. for Landscape Maintenance Services of City Facilities and Rights -of -Way in the amount of $279,217.29 for Fiscal Year 2017. RECOMMENDED ACTION: Approve agreement and authorize the Mayor and City Clerk to execute on behalf of the City. 3.9 Agreement with Environmental Water Management, Inc. (EWM) for ongoing Maintenance Work of the Lake and Stream at Eisenhower Park for the annual amount not -to- exceed $46,000 for Fiscal Year 2017 with an option for three extensions through June 30, 2020, for the same annual amount. RECOMMENDED ACTION: Approve the agreement with EWM and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.10 Award of Professional and Consultant Services Agreements for Professional and Technical Services in Connection with the Formation of a Financing District and the Issuance of Bonds to Fund the Costs of Certain Public Improvements within the Santiago Hills II Development. RECOMMENDED ACTIONS: 1) Approve a Professional Services Agreement for financial advisory services with Fieldman, Rolapp & Associates; 2) Approve an Agreement for Legal Services for bond counsel services with Quint & Thimmig LLP, a California limited liability partnership; and 3) Approve a Consultant Services Agreement for special tax consulting services with Willdan Financial Services. PAGE 6 CITY COUNCIL AGENDA May 10, 2016 3. CONSENT CALENDAR (Continued) 3.11 Apply to Southern California Edison (SCE) for the Reservation of Funds to Retrofit Approximately 2,503 City Streetlights to Light Emitting Diodes (LED) Fixtures and to Complete the On -Bill Financing (OBF) Application once it is Received from SCE. RECOMMENDED ACTION: Authorize the City Manager to execute the SCE incentive application, OBF application, OBF agreement and other documents related to the application process with SCE for the City -Wide LED Streetlight Retrofit. APPROPRIATIONS 3.12 Appropriation of funds received from the State of California. RECOMMENDED ACTION: Accept into the City's revenue budget a total reimbursement of $8,632.92 in payments from the State of California into account number 100.3021.48212 — Reimbursement from OES, within the following project numbers: Description of Incident Reimbursement Project Account Revenue Amount Barker fire 40106 $4,561.11 Barker fire 40106 $4,071.81 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 Barker fire 40106 $4,561.11 Barker fire 40106 $4,071.81 3.13 Appropriation of Designated Grant Funding Received from the California Department of Resources Recycling and Recovery (CalRecycle) for the Oil Payment Program, Cycle 6. RECOMMENDED ACTION: 1) Accept into the City's revenue budget $38,547 in grant funding from CalRecycle and appropriate to the following revenue account number: 220.5022.45290.20310 Oil Payment Program Cycle 6 15 -16 $38,547 2) Authorize the appropriation of $38,547 into the following expenditure account numbers: 220.5022.50002.20310 Oil Payment Prg. Cycle 6 15 -16 — Salaries & Ben. $ 8,547 220.5022.51001.20310 Oil Payment Prg. Cycle 6 15 -16 — Contractual Serv. $20,000 220.5022.53001.20310 Oil Payment Prg. Cycle 6 15 -16 — Materials & Supp. $10,000 PAGE 7 CITY COUNCIL AGENDA May 10, 2016 3. CONSENT CALENDAR (Continued) BIDS 3.14 Bid No. 156 -43; Approval of Plans and Specifications, and Authorization to Advertise for Bids for Construction of the Lincoln Avenue and Tustin Street Critical Intersection Improvements Project. RECOMMENDED ACTION: Approve plans and specifications and authorize advertising for bids for the Lincoln Avenue and Tustin Street Critical Intersection Improvements Project. 3.15 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. Lisbeth Giusto b. Marsha L. Borleau C. Asya Dadabhoy RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.16 Award of Consultant Services Agreement to MTGL, Inc., For Construction Inspection Services for the Irvine Company Santiago Hills II Development. RECOMMENDED ACTION: Award a contract to MTGL and authorize the Mayor and City Clerk to execute on behalf of the City. 3.17 Award of Consultant Services Agreement to KOA Corporation for Engineering Design Services for the Fire Station 2 Street Improvements Project. RECOMMENDED ACTION: Award the contract in the amount of $58,865 to KOA Corporation and authorize the Mayor and City Clerk to execute on behalf of the City. 3.18 Award of Contract — Bid No. 156 -42; Preventive Maintenance and Repairs for Emergency Power Generators. RECOMMENDED ACTION: Accept bid of Global Power Group in the amount of $36,012.00 and authorize the Mayor and City Clerk to execute the documents on behalf of the City. 0 PAGE 8 CITY COUNCIL AGENDA May 10, 2016 3. CONSENT CALENDAR (Continued) 3.19 Contract Change Order No. 1 and Final for Agreement No. 6292 — Bid No. 156 -21; Annual Concrete Replacement Project at Various Locations, Fiscal Year 2015 -16 and Approval of Fund Transfer. RECOMMENDED ACTION: Approve Contract Change Order No. 1 and Final in the amount of $102,759 to EBS General Engineering, Inc. for the extra work. Approve the Transfer o 271.5021.56330.14703 600.8041.55460.00000 To: 271.5011.56330.13120 600.5011.56330.13120 f funds from the following accounts: Amount (Arterial Curb, Gutter & Sidewalk Repair) $69,624 (Water Services) $ 6,000 (Local Street Maintenance) $69,624 (Local Street Maintenance) 6,000 Total Amount Transferred $75,624 3.20 Contract Change Order No. 1— Bid No. 145-39; Well No. 27 Equipping Plan (W -659). RECOMMENDED ACTION: 1) Authorize the appropriation of $25,000.00 from the water fund unreserved fund balance to Account No. 600.8011.56411.18119, Well 27 Construction; and 2) Approve Contract Change Order No. 1 in the amount of $48,079.86 to Cora Constructors, Inc. for additional work. 3.21 Final Acceptance of Bid No. 145 -41, Eisenhower Booster Pump Installation Performed by Clean Cut Landscape; and Authorization to file the Notice of Completion with the County Recorder. ( staff report required.) RECOMMENDED ACTION: Accept public work improvements, authorize release of The Guarantee Company of North America USA Bond No. 12122296 in the amount of ten percent of amount bid ($8,179.20) to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.22 Final Acceptance of Bid No. 156 -21; Annual Concrete Replacement Project at Various Locations Performed by EBS General Engineering, 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 Suretec Insurance Company State of Texas, Bond No. 4400968 in the amount of $506,500.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. PAGE 9 CITY COUNCIL AGENDA May 10, 2016 3. CONSENT CALENDAR (Continued) 3.23 Final Acceptance of Bid No. 156 -22; Roof Coating at Water Warehouse Performed by Industrial Coating and Restoration Services, 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 Philadelphia Indemnity Insurance Company, Bond No. CE 11510700726 in the amount of $34,000.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. PARKING 3.24 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, 2016, through December 31, 2016; and also from January 1, 2017, thru June 30, 2017. RESOLUTIONS 3.25 RESOLUTION NO. 10923A A Resolution of the City Council of the City of Orange Amending a Letter of Understanding between the City of Orange and the Orange Management Association Effective July 1, 2015, to June 30, 2017. RECOMMENDED ACTION: Approve Resolution No. 10923A. 3.26 RESOLUTION NO. 10924A A Resolution of the City Council of the City of Orange Amending a Letter of Understanding between the City of Orange and the Orange Municipal Employees' Association Effective July 1, 2015, to June 30, 2017. RECOMMENDED ACTION: Approve Resolution No. 10924A. PAGE 10 CITY COUNCIL AGENDA May 10, 2016 3. CONSENT CALENDAR (Continued) 3.27 RESOLUTION NO. 10929 A Resolution of the City Council 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 2016 -2017; to set a time and place for a Public Hearing to receive public testimony on the foregoing matters; and to give preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 86 -2 (LMD 86 -2 Santiago Hills). RECOMMENDED ACTION: 1) Adopt Resolution No. 10929 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 14, 2016, as the date for the Public Hearing on the assessments. 3.28 RESOLUTION NO. 10930 A Resolution of the City Council 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 2016 -2017; to set a time and place for a Public Hearing to receive public testimony on the foregoing matters; and to give preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 15 -1 (LMD 15 -1 Santiago Hills Overlay). RECOMMENDED ACTION: 1) Adopt Resolution No. 10930 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 14, 2016, as the date for the Public Hearing on the assessments. 3.29 RESOLUTION NO. 10931 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 2016 -2017 (FYI 7); setting a time and place for a Public Hearing to receive public testimony on the foregoing matters; and preliminarily approving the Certified Engineer's Report for Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing). RECOMMENDED ACTION: 1) Adopt Resolution No. 10931 declaring the City's intent to provide for an annual levy and collection of assessments for FY17; 2) Approve the Preliminary Engineer's Report; and 3) Set June 14, 2016, as the date for a Public Hearing. PAGE 11 CITY COUNCIL AGENDA May 10, 2016 3. CONSENT CALENDAR (Continued) 3.30 RESOLUTION NO. 10932 A Resolution of the. City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees' Association Effective July 1, 2015, to June 30, 2017. RECOMMENDED ACTION: Approve Resolution No. 10932 and authorize staff to make the necessary budget adjustments and/or appropriations to the departments' salary and benefit accounts to fund the increased costs of the contract. 3.31 RESOLUTION NO. 10933 A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Water Division Employees' Association Effective July 1, 2015, to June 30, 2017. RECOMMENDED ACTION: Approve Resolution No. 10933 and authorize staff to make the necessary budget adjustments and /or appropriations to the departments' salary and benefit accounts to fund the increased costs of the contract. REJECTION OF BID AND AWARD OF CONTRACT 3.32 Award of Contract — Bid No. 156 -33; Tustin Street and Vanowen Avenue Left Turn Signal Modification Project. RECOMMENDED ACTION: 1) Reject the bid received from the low bidder, Calpromax of Placentia, CA, on the basis its bid proposal was not responsive to the City's invitation to bid; 2) Accept the next lowest bid, and award the contract to California Professional Engineering, Inc. in the amount of $355,156; and authorize the Mayor and City Clerk to execute on behalf of the City; and 3) Appropriate $95,000 from Fund 284 (TSIP B) to account number 284.5032.56100.20244 (Tustin Street and Vanowen Avenue Traffic Signal Modification). MOTION - SECOND - AYES - END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 5. REPORTS FROM COUNCILMEMBERS PAGE 12 CITY COUNCIL AGENDA May 10, 2016 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 7. ADMINISTRATIVE REPORTS 7.1 Consideration of an Animal Care Shelter Participation Agreement and a 10 -year Animal Care Services Agreement with Orange County for Animal Care and Shelter Services. RECOMMENDED ACTION: Authorize the Mayor and City Clerk to execute: 1) Participation Agreement between the City of Orange and Orange County Animal Care; and 2) Services Agreement between the City of Orange and Orange County Animal Care. 8. REPORTS FROM CITY MANAGER 8.1 Introduction of new Police Chief, Library Services Director, and Community Services Director. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 03-16A (SECOND READING) An Ordinance of the City Council of the City of Orange Amending Chapter 9.39 of the Orange Municipal Code Relating to Parties and Underage Drinking. MOTION - SECOND - AYES - 9.2 ORDINANCE 05 -16 (SECOND READING) An Ordinance of the City Council of the City Of Orange Amending Title 17 of the Orange Municipal Code to Define and Streamline the Review Process for Instructional Uses, Providing Updated Standards for the Development of Senior Housing in Commercial Zones, Eliminating Reference to Mixed Use Developments in Commercial Zones, and Addressing General Office, Medical Office, and Privately Operated Residential Uses in the Public Institution Zone. MOTION - SECOND - AYES - PAGE 13 CITY COUNCIL AGENDA May 10, 2016 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 Appeal No. 545 -16 — Yaghi Accessory Second Unit. Time set for a public hearing to consider Appeal No. 545 -16. An appeal of the Planning Commission decision to approve Variance No. 2240 -16 and Design Review Committee No. 4475 -10, relating to the relocation of a historic single family residence and attached garage at 812 E. Washington Avenue. Staff Report/Council Questions Open Hearing/Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action Motion on Appeal No. 545 -16. MOTION - SECOND - AYES - 12. ADJOURNMENT The next Adjourned Regular Meeting will be held on May 24, 2016, if necessary. The next Regular City Council Meeting will be held on Tuesday, June 14, 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 May 10, 2016, 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 14