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Council Agenda 11/10/155:00 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.orgg. 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 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.cit �ofy orann._,e_orr 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 November 10, 2015 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 Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Laura Kalty, Special Counsel, Will Kolbow, Finance Director and Lisa Kim, Economic Development Manager. Employee Organizations: Orange Management Association, Orange Municipal Employees' Association, Orange Maintenance and Crafts Association, Water Division Employees' Association. b. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): Case: Jon Dumitru, et. al. v. City of Orange, Lemon Grove L.P. Orange County Superior Court Case No.: 30- 2015- 00808005 C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): Case: Nardi v. City of Orange, et al. Orange County Superior Court Case No.: 30 -2014- 00749114 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, November 10, 2015, at 6:00 p.m. in the Council Chamber. PAGE 3 CITY COUNCIL AGENDA November 10, 2015 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Father Patrick Rudolph, St. Norbert Catholic Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Kimberlee Nichols 1.3 ROLL CALL PRESENT - ABSENT - 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Introduction of 2015 Miss Orange Contestants National Award Presentation: City of Orange Leadership Development Association Presentation by the Sons of Italy to the Orange Public Library Presentation of a Retirement Resolution for Yolanda Moreno, Library Services Director 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 November 10, 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, October 8, 15, 22, and 29, 2015. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of October 13, 2015, and the Special Meeting of October 26, 2015. RECOMMENDED ACTION: Approve. 3.3 Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. 3.4 Treasurer's Report for the Months of July, August, and September 2015. RECOMMENDED ACTION: Receive and file. AGREEMENTS 3.5 Award of a Consultant Services Agreement for design and construction services required for the construction of a new tower antenna at the Water Plant Headquarters site. RECOMMENDED ACTION: Approve a consultant service agreement with Applied Technology Group, Inc., in the amount of $38,100 for design and construction services required to construct a new tower antenna at the Water Division Headquarters site and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 5 CITY COUNCIL AGENDA November 10, 2015 3. CONSENT CALENDAR (Continued) 3.6 First Amendment to Consultant Services Agreement with CSG Consultants, Inc., to Provide Plan Review and Field Inspection Services for the Building Division of the Community Development Department. RECOMMENDED ACTION: Approve and authorize the Mayor and City Clerk to execute an amendment to an existing professional service contract with CSG Consultants, Inc., not to exceed an additional $100,000, for a total contract amount of $130,000. 3.7 Agreement with Magnetic Electric, Inc., for Electrical Preventative Maintenance and Repair of City Park Facilities for an amount not to exceed $75,000. RECOMMEND ACTION: 1) Reject the bid received from the apparent low bidder, Baker Electric, Inc., on the basis that the bid was not responsive; and 2) Approve the agreement between the City of Orange and Magnetic Electric, Inc., in the amount of $75,000 and authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.8 Award of Consultant Services Agreement to Joseph C. Truxaw and Associates for Engineering Design Services for the Tustin/Meats Intersection Right Turn Lane Project (SP- 3892). RECOMMENDED ACTION: Award the contract in the amount of $97,105 to Joseph C. Truxaw and Associates and authorize the Mayor and City Clerk to execute on behalf of the City. 3.9 Second Amendment to Attorney Services Agreement with the Law Firm Liebert Cassidy Whitmore to provide an additional $80,000 for Labor Negotiations for a total amount not to exceed $160,000. RECOMMENDED ACTION: Approve and authorize the Mayor and City Clerk to execute the Second Amendment to Attorney Services Agreement with Liebert Cassidy Whitmore. APPROPRIATIONS 3.10 Appropriation of FY 2015 -16 Board of State and Community Corrections (BSCC) Local Assistance Funding for future purchases. RECOMMENDED ACTION: 1) Accept into the City's revenue budget a $39,641.25 grant from BSCC Local Assistance Funding, into revenue account 100.4031.45290.20233, FYI BSCC Local Assistance Funding; and 2) Authorize the appropriation of $39,641.25 into expenditure account number 100.4011.55131.20233, Administration Equipment -2016 BSCC. PAGE 6 CITY COUNCIL AGENDA November 10, 2015 3. CONSENT CALENDAR (Continued) BIDS 3.11 Bid No. 156 -21; Annual Concrete Replacement at Various Locations, Fiscal Year 2015 -16. Approval of plans and specifications and authorization to advertise for bids. RECOMMENDED ACTION: Approve plans and specifications and authorize advertising for bids for the Annual Concrete Replacement at Various Locations, FY 2015 -16 Project. 3.12 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. (1) Deny the following Application to Present a Late Claim: a. Carl's Jr. Restaurants, LLC (2) Deny the following Claim for damages: a. Steven Shores b. Jorge Nolasco c. Jason Gardner d. Edgar E. Martinez RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.13 Final Acceptance of Bid No. 145 -40; ADA Required Plaza Accessibility Improvements Project performed by El Camino Construction & Engineering Corporation; 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 American Contractors Indemnity Company, Bond No. 1001036911 in the amount of $29,300.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. PAGE 7 CITY COUNCIL AGENDA November 10, 2015 3. CONSENT CALENDAR (Continued) 3.14 Final Acceptance of Bid No. 145 -02, W -671; 2014 -15 Annual Pipeline Renewal Project performed by Big Ben 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 The Ohio Casualty Insurance Company of New Hampshire, Bond No. 024046705 in the amount of $1,865,385.00 to the contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of Completion. PURCHASES 3.15 Purchase of one Police Service Dog for the Police Department's Canine Program from Adlerhorst International, Inc. RECOMMENDED ACTION: 1) Accept into the City's revenue budget a $5,000 donation from B.P.O. Elks Lodge No. 1475 into revenue account number 100.4021.48390.12307, General Fund - Canine Donations; 2) Authorize the appropriation of $5,000 into expenditure account number 100.4021.55510.12307, General Fund -Other Capital Outlay - Canine Donations; and 3) Authorize the appropriation of $5,618 from Federal Asset Forfeiture unreserved fund balance to expenditure account number 355.4021.55510.12307, Federal Asset Forfeiture -Other Capital Outlay- Canine Donations. 3.16 Purchase of Fourteen Public Safety Vehicles for Orange Police Department. RECOMMENDED ACTION: 1) Authorize the purchase of seven Police Patrol Vehicles, two Detective Vehicles and two Compact Utility Vehicles for the Traffic Division from Ford of Orange of Orange, CA in the amount of $362,878.50; 2) Award contract for building /outfitting of nine of the above Police Patrol and Detective Vehicles to Hi Standard of Orange, CA in the amount of $95,586.21; 3) Authorize the purchase of three 2015 BMW Pursuit Motorcycles for the Police Traffic Division from Iry Seaver Motorcycles of Orange, CA in the amount of $79,841.85; and 4) Authorize the City Manager to surplus the replaced vehicles. Total expenditure for fourteen Police Vehicles /Motorcycles and required outfitting is $538,306.56. RESOLUTIONS 3.17 RESOLUTION NO. 10893 A Resolution of the City Council of the City of Orange relating to the Classification, Compensation, and Terms of Employment for Part -Time and Seasonal Employees of the City of Orange Effective July 1, 2015, through and including June 30, 2017, and repealing Resolution No. 10786 and Amendments thereto, for said Employees. RECOMMENDED ACTION: Approve. PAGE 8 CITY COUNCIL AGENDA November 10, 2015 3. CONSENT CALENDAR (Continued) 3.18 RESOLUTION NO. 10894 A Resolution of the City Council of the City of Orange Summarily Vacating the Public Service Easement (Slope Easement) along Westerly side of The City Drive, Between the 22 Freeway and Park Central Avenue which is no longer needed by the City. RECOMMENDED ACTION: Approve. 3.19 RESOLUTION NO. 10897 A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the City of Orange Police Management Association Effective July 1, 2015, to June 30, 2017. RECOMMENDED ACTION: Approve 3.20 RESOLUTION NO. 10898 A Resolution of the City Council of the City of Orange concerning the Fiscal Year Ended June 30, 2015, Measure M2 Expenditure Report for the City of Orange. RECOMMENDED ACTION: Approve. 3.21 RESOLUTION NO. 10899 A Resolution of the City Council of the City of Orange Regarding the 2015 Christmas Holiday Closure. RECOMMENDED ACTION: Approve. 3.22 RESOLUTION NO. 10900 A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the City of Orange Fire Management Association Effective July 1, 2015, to June 30, 2017. RECOMMENDED ACTION: Approve. PAGE 9 CITY COUNCIL AGENDA November 10, 2015 3. CONSENT CALENDAR (Continued) 3.23 RESOLUTION NO. 10901 A Resolution of the City Council of the City of Orange Approving the Submittal of Transportation Improvement Projects to the Orange County Transportation Authority (OCTA) for Funding Under the Renewed Measure M (M2) of the Comprehensive Transportation Funding Program. RECOMMENDED ACTION: 1) Approve Resolution No. 10901, and authorize the Mayor to execute on behalf of the City; and 2) Approve the submittal of one proposed transportation improvement project to the Comprehensive Transportation Funding Program for Fiscal Years 2015/16 through 2016/17 as administered by OCTA. 3.24 RESOLUTION NO. 10902 A Resolution of the City Council of the City of Orange Accepting Certain Roads and Streets into the City Street System. RECOMMENDED ACTION: Approve. 3.25 RESOLUTION NO. 10904 A Resolution of the City Council of the City of Orange Relating to the Classification, Compensation, and Terms of Employment of Executive Directors and Top Management Employees, and Repealing Resolution No. 10760 and Amendments Thereto. RECOMMENDED ACTION: Approve. 3.26 RESOLUTION NO. 10906 A Resolution of the City Council of the City of Orange Expressing Appreciation to Yolanda Moreno, Library Services Director and Commending her for Nearly Thirty -Eight Years of Loyal and Dedicated Service to the City of Orange. RECOMMENDED ACTION: Approve PAGE 10 CITY COUNCIL AGENDA November 10, 2015 3. CONSENT CALENDAR (Continued) 3.27 RESOLUTION NO. 10909 A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL -CIO Effective July 1, 2015, to June 30, 2017. RECOMMENDED ACTION: Approve MOTION - SECOND - AYES - END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 4.1 Establishment of an ad hoc committee for the proposed Trails at Santiago Creek Project MOTION - SECOND - AYES - 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept the Resignation of Joyce Monsees from the Orange Public Library Board of Trustees, Effective December 1, 2015; Post Vacancy Notice Pursuant to the Maddy Act. RECOMMENDED ACTION: Accept the resignation. MOTION - SECOND - AYES - PAGE 11 CITY COUNCIL AGENDA November 10, 2015 7. ADMINISTRATIVE REPORTS 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 Zone Change No. 1276-14 — Industrial General Plan Land Use Focus Area (Continued from October 13, 2015.) Time set for a public hearing to consider approval of Zone Change No. 1276 -14 to rezone properties in the Industrial 2010 General Plan Land Use Focus Area, generally located west of Glassell Street and Orange -Olive Road, south of Fletcher Avenue, east of the Santa Ana River, and northwest of the intersection of Glassell Street and Walnut Avenue. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action 1) Find that the proposed zoning change 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 describes the zoning changes for purposes of CEQA and no new environmental documents are required. MOTION - SECOND - AYES - PAGE 12 CITY COUNCIL AGENDA November 10, 2015 11. PUBLIC HEARINGS (Continued) 2) ORDINANCE NO. 05-15(A) (FIRST 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 - 3) ORDINANCE NO. 05 -15(B) (FIRST READING) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 - 14(B) rezoning properties in the Industrial 2010 General Plan Land Use Focus Area located at the northeast and southeast corners of Taft Avenue and Glassell Street/Orange -Olive Road 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(B) Applicant: City of Orange MOTION - SECOND - AYES - 4) ORDINANCE NO. 05 -15(C) (FIRST READING) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 - 14(C) rezoning properties in the portion of the Industrial 2010 General Plan Land Use Focus Area generally located north of Katella Avenue to Light Manufacturing and Recreational Open Space to establish consistency between the Light Industrial and Open Space General Plan Land Use designations and Zoning classification in accordance with State law. Zone Change No. 1276 -14(C) Applicant: City of Orange MOTION - SECOND - AYES - PAGE 13 CITY COUNCIL AGENDA November 10, 2015 11. PUBLIC HEARINGS (Continued) 5) ORDINANCE NO. 05 -15(D) (FIRST READING) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 - 14(D) rezoning properties in the portion of the Industrial 2010 General Plan Land Use Focus Area generally located south of the Collins Channel and east of Main Street to Light Manufacturing to establish consistency between the Light Industrial General Plan Land Use Designations and Zoning classification in accordance with State law. Zone Change No. 1276 -14(D) Applicant: City of Orange MOTION - SECOND - AYES - 6) ORDINANCE NO. 05-15(E) (FIRST READING) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1276 - 14(E) rezoning properties in the portion of the Industrial 2010 General Plan Land Use Focus Area generally located south of the Collins Channel and west of Main Street to Light Manufacturing to establish consistency between the Light Industrial General Plan Land Use Designations and Zoning classification in accordance with State law. Zone Change No. 1276 -14(E) Applicant: City of Orange MOTION - SECOND - AYES - PAGE 14 CITY COUNCIL AGENDA November 10, 2015 11. PUBLIC HEARINGS (Continued) 11.2 Residential Accessory Structure Setbacks Ordinance Time set for a public hearing to consider a proposed ordinance amending Title 17 of the Orange Municipal Code to clarify City standards for residential accessory structure setbacks. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action 1) Find the Ordinance categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305. MOTION - SECOND - AYES - 2) ORDINANCE NO. 04-15 (FIRST 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 - PAGE 15 CITY COUNCIL AGENDA November 10, 2015 11. PUBLIC HEARINGS (Continued) 11.3 Orange -Olive Residential Project (MBK Homes) Time set for a public hearing to consider the proposed Orange -Olive Residential Project to develop a 2.33 -acre site (currently used for recreational vehicle storage) with 25 detached single family residential condominium units located at 2025 Orange -Olive Road. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action 1) RESOLUTION NO. 10907 A Resolution of the City Council of the City of Orange approving and adopting Mitigated Negative Declaration No. 1837 -14 including a Mitigation Monitoring Program, in compliance with the California Environmental Quality Act (CEQA). MOTION - SECOND - AYES - 2) ORDINANCE NO. 09-15 (FIRST 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 - 3) RESOLUTION NO. 10908 A Resolution of the City Council of the City of Orange approving Tentative Tract Map No. 17758, Major Site Plan Review No. 0797 -14 and Design Review No. 4776 -14 for the Orange -Olive Residential Project. MOTION - SECOND - AYES - PAGE 16 CITY COUNCIL AGENDA November 10, 2015 11. PUBLIC HEARINGS (Continued) 11.4 Washington Hamlin Tract (Olsen Co.) Time set for a public hearing to consider the proposed Washington Hamlin Tract Project, Tentative Tract Map No. 0036 -15 (17645), Washington Hamlin Tract (The Olson Company), South of the East Washington Avenue and South Hamlin Street Intersection. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action RESOLUTION NO. 10895 A Resolution of the City Council of the City of Orange denying Tentative Tract No. 0036- 15 (17645) for residential condominium proposes on triangularly- shaped property located north of the southeasterly terminus of Washington Avenue and Hamlin Street. MOTION - SECOND - AYES - 12. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, December 8, 2015, 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 November 10, 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 17