Loading...
SR - - (26) ����°�R�:�'�G, G�.� �.� CITY COUNCIL � : � °� �� AGENDA �� :z ��.. . 4 � . o ��'.'`�Pr1l 6�la$$.•y�� �'pUN,I;Y CP Regular Meeting December 13, 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 FRED M. WHITAKER Mayor pro tem Councilmember MICHAEL ALVAREZ KIMBERLEE NICHOLS Councilmember Councilmember Wayne W. Winthers Rick Otto Mary E. Murphy City Attorney City Manager City Clerk In compliance with Section 202 ofthe 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. ar 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 pa�ers cellular telephones and any other communication devices are to be turned off upon enterin thg e CitYCouncil 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 Channel3 and AT&T U- verse Channel 99 and streamed live and on-demand on the City's website at www.citvoforange.or�. 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 December 13, 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 Legal Counsel—Existing Litigation pursuant to Government Code Section 549569(a) Case: Herco v. City of Orange Orange County Superior Court Case No. 30-2015-00786608 b. Conference with Real Property Negotiator—Real property negotiations pursuant to Government Code Section 54956.8: Property: APN 232-061-10 (portion) City Negotiator: Rick Otto, City Manager Negotiating Parties: City of Orange and Chapman University Under Negotiation: Sale of Vacant Land 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, December 13, 2016, at 6:00 p.m. in the Council Chamber. PAGE 3 CITY COUNCIL AGENDA December 13, 2016 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Father Neil Edlin, St. Mary Magdalene Anglican Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Kimberlee Nichols 1.3 ROLL CALL PRESENT - ABSENT - 1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS Proclamation honaring Design Review Committee Vice-Chair Craig Wheeler Resolution honoring Senior Library Clerk Liz Demara for 38 years of service Resolution honoring Administrative Assistant Linda Young for 17 years of service Memorial Adjournment for Everett Caldwell of Mr. C's Rare Records 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 December 13, 2016 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 3, November 10, November 17, November 23, December l, and December 8,2016. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Special Meeting of November 9,2016. RECOMMENDED ACTION: Approve. 3.3 Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. 3.4 Submittal of Annual Financial Reports for Development Impact Fees for Fiscal Year 2015-16. RECOMMENDED ACTION: Receive and file. AGREEMENTS 3.5 Second Amendment to Attorney Services Agreement with the law firm of Kutak Rock LLP to provide for an additional $125,000 for legal services related to litigation defense for a total amount not to exceed $375,000. RECOMMENDED ACTION: Approve and authorize the Mayor and City Clerk to execute the Second Amendment to Attorney Services Agreement with Kutak Rock LLP. PAGE 5 CITY COUNCIL AGENDA December 13, 2016 3. CONSENT CALENDAR(Continued) 3.6 Amendment Number 1 to Consultant Services Agreement No. 6344 with KOA Corporation for additional Engineering Design Services for the Fire Station 2 Street Improvements. RECOMMENDED ACTION: Approve Amendment Number 1 to the existing KOA Corporation, Consultant Services Agreement and increase the contract amount by$21,018 and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 3.7 Contract Change Order No. 1 for Agreement 3217 with TriTech Software Solutions (TriTech). RECOMMENDED ACTION: 1)Approve Amendment No. 1 to Agreement 3217 between the City of Orange and TriTech in an amount not to exceed $57,946; 2) Authorize the Mayor and the City Clerk to execute the Amendment on behalf of the City; and 3) Authorize the appropriation of$57,946 from (355) Federal Asset Forfeiture unreserved fund balance to expenditure account number 355.4011.55131.00000, Federal Asset Forfeiture, Equipment. 3.8 Consultant Services Agreement between the City of Orange and Code Consulting Group, LLC, for Fire Department Plan Review Services for Fiscal Year 2016-17. RECOMMENDED ACTION: 1)Approve the First Amendment to the agreement between the City of Orange and Code Consulting Group, LLC in an amount not-to-exceed$80,000; and 2)Authorize the Mayor and City Clerk to execute the agreement on behalf of the City. APPROPRIATIONS 3.9 A request to appropriate unreserved fund balance for Building Division plan check services. RECOMMENDED ACTION: Appropriate $30,000 from unreserved fund balance of the General Fund (Fund 100) to the Permit Services Other Professional and Consulting Services account(100.6034.51670.00000). 3.10 A request to appropriate $4,970 from the State Asset Forfeiture unreserved fund balance for the reconfiguration of an interview room. RECOMMENDED ACTION: Authorize the appropriation of $4,970 from (357) State Asset Forfeiture unreserved fund balance to expenditure account number 357.4011.51401.00000, State Asset Forfeiture, Building Repairs. PAGE 6 CITY COUNCIL AGENDA December 13, 2016 3. CONSENT CALENDAR(Continued) 3.11 A request to appropriate $29,980 from the State Asset Forfeiture unreserved fund balance for the purchase of ballistic glass from KTM Enterprises. RECOMMENDED ACTION: Authorize the appropriation of $29,980 from (357) State Asset Forfeiture unreserved fund balance to expenditure account number 357.4011.55131.00000, State Asset Forfeiture, Equipment. 3.12 Appropriation of funds received from State of California Office of Emergency Services. RECOMMENDED ACTION: 1) Accept into the City's revenue budget a total reimbursement of $40,935.47 in reimbursement payments into account number 100.3021.48212—Reimbursement from OES, within the following project numbers: Deer Fire, Project Account 40129, Revenue Amount $40,935.47; and 2) Authorize the appropriation into expenditure account number 100.3021.50221 —Overtime Safety,within the project numbers and amounts as follows: Deer Fire, Project Account 40129, Expenditure Amount $40,935.47. 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 tharough investigation with the involved departments, it is the recommendation of the City Attorney's Office that the claim(s) be denied. a. Jaime Rieckhof b. So Cal Gas, a Sempra Energy Utility 9-9-16 Incident c. Kristi L. Nila d. Omar Cruz Pineda e. Cindy Ngoc Do £ Shelly Bernal g. Torrie Lang RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.14 Award of Contract for Bid No. 167-12; Washington Ave., Almond Ave., & Palmyra Ave. Street Rehabilitation Project. RECOMMENDED ACTION: Award the contract in the amount of$675,763.50 to All American Asphalt of Corona,California and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 7 CITY COUNCIL AGENDA December 13, 2016 3. CONSENT CALENDAR(Continued) 3.15 Final Acceptance of Bid No. 156-35; Katella Avenue and Tustin Street Rehabilitation Project performed by R.J. Noble Company; 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 Western Surety Company of South Dakota, Bond No. 58736695 in the amount of $2,084,903.50 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.16 Award of Contract for Bid No. 167-15 for the Water Division Antenna Tower Installation Project (W-679). RECOMMENDED ACTION: Award contract in the amount of $137,303 to Tashjian Tower Corporation; and authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City. PURCHASES 317 Authorize the purchase and installation of a RYPOS Active Regenerative Diesel Particulate Filter System for the emergency generator at Marywood Pump Station. RECOMMENDED ACTION: Award contract in the amount of $59,659 to Bay City Electric Works and authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.18 Purchase of eleven miscellaneous service vehicles from Ford of Orange for five different City Departments in the amount of$347,441. RECOMMENDED ACTION: 1)Authorize the purchase of two C-Max Hybrids,two Ford Explorers, one Ford Escape, three half-ton service trucks, two 1-ton service body trucks and one cab-chassis vehicle from Ford of Orange for the amount of $347,441; and 2) Authorize the City Manager to surplus the replaced vehicles. 3.19 Purchase of Network Core Switch for Civic Center through a Cooperative Agreement from Sidepath,Inc. of Laguna Hills, California. RECOMMENDED ACTION: Authorize the purchase of Brocade network core switch through a cooperative agreement from Sidepath, Inc. of Laguna Hills, California, in the amount of$57,045.90. PAGE 8 CITY COUNCIL AGENDA December 13, 2016 3. CONSENT CALENDAR(Continued) RESOLUTIONS 3.20 Honoring the retirement of Linda Young. Resolution No. 10987. A Resolution of the City Council of the City of Orange expressing appreciation to Linda Young and commending her for over 17 years of loyal and dedicated public service. RECOMMENDED ACTION: Approve 3.21 Honoring the retirement of Liz Demara. Resolution No. 10988. A Resolution of the City Council of the City of Orange expressing appreciation to Elizabeth Demara for 38 years of service to the City of Orange and the Orange Public Library. RECOMMENDED ACTION: Approve REPORTS 3.22 Development of Design Guidelines in conjunction with Eichler Tract Historic District Designation. RECOMMENDED ACTION: Direct staff to engage a qualified historic preservation consultant to develop design guidelines for preservation of the Eichler Tracts. SURPLUSPROPERTY 3.23 Approve the sale of surplus property at 2935 E.Walnut Avenue to GS Home Services. RECOMMENDED ACTION: Approve the sale of surplus property at 2935 E. Walnut Avenue to GS Home Services; and authorize the Mayor and City Clerk to execute grant deed and related escrow documents. 3.24 Approve the sale of surplus property (APN 232-061-10 portion o� located adjacent to Panther Village at 3101 W. Chapman Avenue for $6,500,000; and authorize the Mayor and City Clerk to execute a Purchase and Sale Agreement,as well as any grant deed and related escrow documents. RECOMMENDED ACTION:Approve the sale of surplus property identified as APN 232- 061-10 (portion o fl to Chapman University in the amount of$6.5 million; and authorize the Mayor and City Clerk to execute a Purchase and Sale Agreement, as well as,grant deed and related escrow documents. PAGE 9 CITY COUNCIL AGENDA December 13, 2016 3. CONSENT CALENDAR(Continued) TRACT MAP 3.25 Final Map for Tract 17758 located at 2025 N. Orange-Olive Road. RECOMMENDED ACTION: Approve Final Map for Tract 17758 and accept dedication of street right-of-ways and public utility easements as shown on the Final Map. END OF CONSENT CALENDAR * * * * * * * * 4. REPORTS FROM MAYOR SMITH 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS 7. ADMINISTRATIVE REPORTS 7.1 Agreement between the City of Orange and Morillo Construction, Inc. for the DesignBuild of the Shaffer Park Renovation Project, for an amount not-to-exceed $6,300,000. RECOMMENDED ACTION: Approve agreement with Morillo Construction, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City. 7.2 Yorba Park Renovation Project. RECOMMENDED ACTION: 1) Approve and adopt the Addendum to previously- approved MND No. ENV 1674-01; 2) Authorize the transfer of $765,260 from the unreserved fund balance of the General Fund to the Capital Projects Fund (500); 3)Authorize the appropriation of$765,260 from the unreserved fund balance of the Capital Projects Fund (500) to account 500.5011.56020.20135; and 4) Accept the bid withdraw request from the apparent low bidder, El Camino Asphalt Paving Corp., and award the contract for Bid No. 167-05, SP-3960, Yorba Park Grading Project in the amount not to exceed $424,732 to the next lowest responsible bidder, C.H.I. Construction, and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 10 CITY COUNCIL AGENDA December 13, 2016 7. ADMINISTRATIVE REPORTS (Continued) 7.3 Orange County 800 Megahertz Countywide Coordinated Communication System (CCCS) required Public Safety equipment purchase. RECOMMENDED ACTION: 1) Approve the purchase of Public Safety radio equipment in the amount of$3,500,118.76 from Motorola Solutions, Inc. (Motorola); and 2)Approve the attached Lease Agreement with Motorola with quarterly payments of$119,647.26 for seven years (28 total payments) for the acquisition of previously approved mobile radio equipment related to 800 Megahertz (MHz) CCCS. 3. Authorize the Finance Director to take such actions as are necessary, advisable, or required to implement and administer Lease.4.Authorize the appropriation of$400,000 from the Proposition 172 Sales Tax Fund (120) unreserved fund balance to expenditure account 120.0201.5651020223. 8. REPORTS FROM CITY MANAGER 9. LEGAL AFFAIRS 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 Adopting Chapter 15.33 Hazardous Materials to the Orange Municipal Code. Time set for a public hearing to consider Adopting Chapter 15.33 to the Orange Municipal Code. Staff Report/Council Questions Open Hearing/Public Comments/ Close Hearing Council Comments/Council Action Recommended Council Action ORDINANCE NO. 11-16 (First Reading) An Ordinance of the City Council of the City of Orange amending and restating Chapter 15.33 of the Orange Municipal Code relating to hazardous materials. PAGE 11 CITY COUNCIL AGENDA December 13, 2016 ll. PUBLIC HEARINGS (Continued) 11.2 Appeal No. 0546-16. An appeal of the Planning Commission decision to deny Design Review (DRC) No. 4782-16 and Minor Site Plan (MNSP) No. 0872-16 for the Hoike Residences at 730 W. Palm Avenue in the Old Towne Historic District. Time set for a public hearing to consider Appeal No. 0546-16. Staff Report/Council Questions Open Hearing/Public Comments/Close Hearing Council Comments/Council Action Recommended Council Action: Motion on Appeal No 546-16. 12. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY 13. ADJOURNMENT The City Council will adjourn in memory of Everett Caldwell of Mr. C's Rare Records. The next Regular City Council Meeting will be held on Tuesday,January 10, 2017, at 4:30 p.m. for an employee recognition, then 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 13,2016, 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 12