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Council Agenda 05-08-2018 � �FPo�R`� ����� T����� CITY COUNCIL * � . * °� �¢ AGENDA �•. ,-z � • ..o� ��'��'.'9Pr11 6��a88.. y��{ c�UNTY GP' Regular Meeting May 8, 2018 5:00 p.m. Closed Session 6:00 p.m. Regular Session Orange County Transportation Authority Board Room 550 S. Main Street, Orange, CA 92868 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. 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 pa�ers cellular telephones and any other communication devices are to be turned off upon enterin th� e Cit�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 Channel3 and AT&T U- verse Channel 99 and streamed live and on-demand on the City's website at www.cityoforan�e.org. Persons filming or taping Council meetings are asked to identify themselves by filling out the reverse side of the speaker's caxd or presenting a business card to the City Clerk. CITY COUNCIL AGENDA May 8, 2018 5:00 P.M. SESSION 1. ROLL CALL 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—Pending Litigation pursuant to Government Code Section 54956.9(a) & (d)(1): Case: Orange County Catholic Worker, et. al. v. County of Orange, et. al. USDC Case No. 8:18-cv-00155 b. Conference with Legal Counsel—Pending Litigation pursuant to Government Code Section 54956.9(a) & (d)(1): � Case: Gilbert Castrejon v. City of Orange, et. al. USDC 8:17-cv-1283 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday,May 8,2018,at 6:00 p.m. in the Orange County Transportation Authority Board Room. PAGE 3 CITY COUNCIL AGENDA May 8, 2018 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Ric Olsen, The Beacon Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Fred M. Whitaker 1.3 ROLL CALL 1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS Community Foundation presentation to City of Orange staff for the Foundation Games. Proclamation recognizing National Public Works Week. Memorial Adjournment honoring K9 Bosco, Orange Police Department. 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 8, 2018 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 April 5, April 13, April 19, and April 27, 2018. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Adjourned Regular Meeting of March 27, 2018; and Regular Meeting of April 10,2018. RECOMMENDED ACTION: Approve. 3.3 Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. 3.4 Monthly Treasurer's Reports for January, February, and March 2018. RECOMMENDED ACTION: Receive and file. 3.5 Agreement with Robertson Industries,Inc.for maintenance and repair of rubberized play surface material for tot lots in four City parks. RECOMMENDED ACTION: Approve agreement with Robertson Industries, Inc. in the amount not-to-exceed $58,390; and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.6 First Amendment to Custodial Services for All City Buildings Agreement No. 6225; with Ultimate Maintenance Services,Inc. RECOMMENDED ACTION: Approve First Amendment with a one-year extension to the Agreement with Ultimate Maintenance Services, Inc. for an amount not-to-exceed $405,000; and authorize the Mayor and City Clerk to execute on behalf of the City. 3.7 First Amendment and rate adjustment to Street Sweeping Agreement No. 5963 with CR&R Environmental Services Incorporated (CR&R). RECOMMENDED ACTION: Approve First Amendment to the agreement with CR&R for an amount not-to-exceed $530,000, including a 2% rate adjustment; and authorize the Mayor and City Clerk to execute on behalf of the City. PAGES CITY COUNCIL AGENDA May 8, 2018 3. CONSENT CALENDAR(Continued) 3.8 Appropriation of funds received from State of California Office of Emergency Services. RECOMMENDED ACTION: Accept into the City's revenue budget a total reimbursement of $497,729.43 in reimbursement payments into account number 100.3021.48212 — Reimbursement from OES, within the following project numbers: Project Revenue Description of Incident Account Amount Reimbursement Hill Fire 40150 $11,525.77 Detwiler Fire 40158 21,276.32 Orleans Com lex Fire 40161 155,244.83 Hurricane Harvey 40164 66,681.77 Ecli se Com lex Fire 40170 51,866.77 Canyon Fire 40173 155,683.28 R e Fire 40181 35,450.69 Total: $497,729.43 Authorize the appropriation into expenditure account number 100.3021.50221 —Overtime-Safety, within the project numbers and amounts as follows: Project Expenditure Descri tion of Ex enditure Account Amount Hill Fire 40150 $11,095.63 Detwiler Fire 40158 20,502.48 Orleans Com lex Fire 40161 154,141.89 Hurricane Harve 40164 66,622.05 Ecli se Com lex Fire 40170 51,346.18 Can on Fire 40173 155,422.65 Rye Fire 40181 35,041.12 Total: $494,172.00 Authorize the appropriation into expenditure account number 100.3021.53860— Strike Team Expenditures, within the project numbers and amounts as follows: Project Expenditure Descri tion of Ex enditure Account Amount Hill Fire 40150 $430.14 Detwiler Fire 40158 773.84 Orleans Com lex Fire 40161 1102.94 Hurricane Harve 40164 59.72 Ecli se Com lex Fire 40170 520.59 Can on Fire 40173 260.63 R e Fire 40181 409.57 Total: $3,557.43 PAGE6 CITY COUNCIL AGENDA May 8, 2018 3. CONSENT CALENDAR(Continued) 3.9 Number not used. 3.10 First Amendment to Installation and Service Surveillance Equipment Agreement No. 6520 with Convergint Technologies,LLC. RECOMMENDED ACTION: 1) Approve First Amendment to the agreement with Convergint Technologies, LLC in the amount of$35,846, and authorize the Mayor and City Clerk to execute the amendment on behalf of the City; and 2) Authorize the appropriation of$30,000 from Park Development — Quimby Fees (511) unreserved fund balance to account number 511.7021.56015.20266 (Park Video Surveillance & Security). 3.11 Approval of the Fifth Amendment, Third Extension to Agreement with Conduent State and Local Solutions, Inc. for Information Technology Services. RECOMMENDED ACTION: Approve the Fifth Amendment to the Information Technology Services Agreement with Conduent State and Local Solutions,Inc., extending the Agreement for one year commencing July 1, 2018, and terminating on June 30, 2019, and authorize the Mayor to execute the Amendment. 3.12 Approval of plans and specifications for Annual Sewer Line Cleaning and CCTV Video Inspection, Bid No. 178-38; and authorization to advertise for bids. RECOMMENDED ACTION: Approve plans and bid specifications and authorize advertising far bids for the Annual Sewer Line Cleaning and CCTV Video Inspection proj ect. 3.13 Number not used. 3.14 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. Vinh T. Lam b. Robert Anderson c. Autumn Rochelle Martinez RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Claims Adjuster. 3.15 Mills Act Contract No. MAC-268.0-18 (Historic Property Preservation Agreement), 405 S. Grand 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. PAGE7 CITY COUNCIL AGENDA May 8, 2018 3. CONSENT CALENDAR(Continued) 3.16 Mills Act Contract No. MAC-269.0-18 (Historic Property Preservation Agreement), 251 N. Shaffer 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. 3.17 Mills Act Contract No. MAC-270.0-18 (Historic Property Preservation Agreement), 526 E. Maple 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. 3.18 Award of contract for Fire Hydrant Painting Services; Bid No. 178-26. RECOMMENDED ACTION: Award a contract in the amount of$42,900 to Polychrome Construction,Inc.;and authorize the Mayor and City Clerk to execute on behalf of the City. 3.19 Award of contract for demolition of an existing water reservoir; Bid No. 178-27. RECOMMENDED ACTION: Award the contract in the amount of $123,200 to James McMinn, Inc.; and authorize the Mayor and City Clerk to execute on behalf of the City. 3.20 Award of contract for Annual Pavement Maintenance at Various Locations, Fiscal Year 2017-2018 (FY18); Bid No. 178-29. RECOMMENDED ACTION: Award the contract in the amount of $1,836,745 to R.J. Noble Company; and authorize the Mayor and City Clerk to execute on behalf of the City 3.21 Award of contract for Annual Slurry Seal at Various Locations, Fiscal Year 2017- 2018 (FY18); Bid No. 178-30. RECOMMENDED ACTION: Award the contract in the amount of $582,940 to All American Asphalt South of Fontana, California; and authorize the Mayor and City Clerk to execute on behalf of the City. 3.22 Award of contract for Palmyra Avenue Street Rehabilitation, FY18; Bid No. 178-31. RECOMMENDED ACTION: Accept the lowest bid and award the contract to R.J. Noble Company of Orange,California, in the amount of$1,075,226; and authorize the Mayor and the City Clerk to execute on behalf of the City. PAGE 8 CITY COUNCIL AGENDA May 8, 2018 3. CONSENT CALENDAR(Continued) 3.23 Award of contract for Cambridge Storm Drain and Street Improvements; Bid No. 178-32. RECOMMENDED ACTION: Award the contract in the amount of$1,064,925 to Garrett J. Gentry of Upland, California; and authorize the Mayor and City Clerk to execute on behalf of the City. . 3.24 Award of contract for Police Department Exterior Wall Sealing Project (FY18); Bid No. 178-36. RECOMMENDED ACTION: Award the contract in the amount of$47,000 to Newbuild Construction and Restoration,Inc.of Orange,California;and authorize the Mayor and City Clerk to execute on behalf of the City. 3.25 Award of contract for Preventive Maintenance and Repairs for Emergency Power Generators; Bid No. 178-37. RECOMMENDED ACTION: 1) Reject the bid received from the apparent low bidder, Global Power Group, Inc., a California Corporation, on the basis that the bid was not responsive; 2) Reject the bid received from the second lowest bidder, Quinn Power Systems., a California Corporation, on the basis that the bid was not responsive; and 3) Award the contract to Odyssey Power Corporation in an amount not-to-exceed$42,980 and authorize the Mayor and City Clerk to execute on behalf of the City. 3.26 Award of contract for pavement maintenance on Amapola Avenue and Meads Avenue in Orange Park Acres. RECOMMENDED ACTION: Award the contract in the amount of $90,000 to Excel Paving Company; and authorize the Mayor and City Clerk to execute on behalf of the City. 3.27 Final Acceptance of Bid No. 167-47; Emergency Generator for Reservoir 9A Pump Station; and authorization to file a Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept the Emergency Generator for Reservoir 9A Pump Station project as complete, and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.28 Final Acceptance of Bid No. 178-23; Pavement and Sidewalk Repair at Rancho Santiago Boulevard and Chapman Avenue; and authorization to file a Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept the Pavement and Sidewalk Repair at Rancho Santiago Boulevard and Chapman Avenue project as complete, and authorize the Mayor and City Clerk to execute the Notice of Completion. PAGE 9 CITY COUNCIL AGENDA May 8, 2018 3. CONSENT CALENDAR(Continued) 3.29 Final Acceptance of Bid No. 167-25; Yorba Park Landscape Renovation; and authorization to file a Notice of Completion with the County Recorder RECOMMENDED ACTION: Accept the Yorba Park Landscape Renovation project as complete, and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.30 Final Acceptance of Bid No. 178-16; CDBG FY 16-17 CDBG Fern Neighborhood Street and Sewer Improvements; and authorization to file a Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept the CDBG FY 16-17 CDBG Fern Neighborhood Street and Sewer Improvements project as complete; and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.31 Purchase and installation of Opticom GPS Emergency Vehicle Preemption System from DDL Traffic, Inc. RECOMMENDED ACTION: Authorize the sole source purchase and installation of GTT Opticom Emergency Vehicle Preemption System from DDL Traffic, Inc. not to exceed $62,459. 3.32 Purchase of one heavy duty Class-Eight Compressed Natural Gas (CNG) powered ten-wheel dump truck. RECOMMENDED ACTION: Authorize the purchase of one Class 8, ten-wheel CNG powered Dump Truck from Los Angeles Freightliner in the amount of$199,875. 3.33 Purchase of six APX8500 Radios from Motorola Solutions. RECOMMENDED ACTION: 1) Authorize the purchase of six APX8500 radios from Motorola Solutions, Inc. in the amount of$49,181.84; and 2) Authorize the appropriation of $29,000 from Proposition 172 (120) unreserved fund balance to account 120.0201.56510.20223 (800 MHz CCCS Next Generation). 3.34 Landscape Maintenance Assessment District 94-1 (Sycamore Crossing). Resolution No. 11077. 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 2018-2019 (FY19). RECOMMENDED ACTION: 1) Adopt Resolution No. 11077 declaring the City's intent to provide for an annual levy and collection of assessments for FY19; 2) Approve the Preliminary Engineer's Report; and 3) Set June 12, 2018, as the date for a Public Hearing. PAGE 10 CITY COUNCIL AGENDA May 8, 2018 3. CONSENT CALENDAR(Continued) 3.35 Landscape Maintenance Assessment District 86-2 (LMD 86-2 Santiago Hills). Resolution No. 11076. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 86-2 (Santiago Hills) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2018-2019; and 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 (Santiago Hills). RECOMMENDED ACTION: 1) Adopt Resolution No. 11076 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 12, 2018, as the date for the Public Hearing on the assessments. 3.36 Landscape Maintenance Assessment District 15-1 (LMD 15-1 Santiago Hills Overlay). Resolution No. 11078. 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 2018-2019; and to set a time and place far 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 (Santiago Hills). RECOMMENDED ACTION: 1) Adopt Resolution No. 11078 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 12, 2018, as the date for the Public Hearing on the assessments. 3.37 Memorandum of Understanding between the City of Orange and the Orange City Fire Fighters, Inc. Loca12384 of the International Association of Fire Fighters,AFL- CIO effective July 1, 2017, to June 30, 2019. Resolution No. 11079. A Resolution of the City Council of the City of Orange repealing Resolution No. 10995 and approving the Memorandum of Understanding between the City of Orange and the Orange City Fire Fighters,Inc.Loca12384 of the International Association of Fire Fighters, AFL-CIO concerning wages, salaries and other terms and conditions of employment effective July 1, 2017, through June 30, 2019. RECOMMENDED ACTION: Approve Resolution No. 11079. END OF CONSENT CALENDAR * * * * * * * * PAGE 11 CITY COUNCIL AGENDA May 8, 2018 � 4. REPORTS FROM MAYOR SMITH 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Report from City Council Ad Hoc Committees related to Homelessness: • Community Communications • Cities and Non-profit Collaboration • County Engagement 7. ADMINISTRATIVE REPORTS . 7.1 Master Schedule of Fees. RECOMMENDED ACTION: Provide direction. 8. REPORTS FROM CITY MANAGER 9. LEGAL AFFAIRS 9.1 An Ordinance Repealing Ordinance 11-11 rescinding the approval of a Development Agreement with Milan REI IV,LLC. Ordinance No. 10-17 (First Reading). An Ordinance of the City Council of the City of Orange Repealing Ordinance No. 11-11, Rescinding the Approval of a Development Agreement by and between the City of Orange and Milan REI IV, LLC for approval of the development of approximately 51 acres of property on the site of the former Ridgeline Golf Course,in the Community of Orange Park Acres. � RECOMMENDED ACTION: Approve Ordinance No. 10-17 for First Reading. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY PAGE 12 CITY COUNCIL AGENDA May 8, 2018 11. PUBLIC HEARINGS 11.1 Adoption of the 2018 Edition of the "Standard Specifications for Public Works Construction." Time set for a public hearing to consider adoption of the 2018 Edition of the Standard Specifications for Public Works Construction. Recommended Council Action: 1) Ordinance No. 07-18 (Second Reading) An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the Orange Municipal Code adopting the 2018 Edition of the "Standard Specifications for Public Works Construction" (popularly known as the "Greenbook"). 2) Adopt Public Works Department Standard Plans and Specifications, 2018 Edition. 11.2 An appeal of the Planning Commission decision to deny Conditional Use Permit No. 3003-16 for an Alcohol and Beverage Control (ABC) License Type 20 (Off-Sale Beer & Wine) located at 684 S. Glassell Street. Appeal No. 550-17. (Continued from February 13,2018.) NOTE: APPLICANT WITHDREW THE APPEAL Time set for a public hearing to consider an appeal by the applicant, Joseph Karaki of Western States Engineering, on behalf of Cadnicks 76 Service Station, of the Planning Commission decision to deny Conditional Use Permit No. 3003-16 for an Alcohol and Beverage Control (ABC) License Type 20 (OffOSale Beer & Wine) located at 684 S. Glassell Street. Recommended Council Action: No Action. Applicant withdrew the appeal. 12. ADJOURNMENT The City Council will adjourn in memory of K9 Bosco, Orange Police Department. The next Regular City Council Meeting will be held on Tuesday, June 12,2018, at 6:00 p.m. at the Grijalva Park Facility, 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 8,2018,at Orange Civic Center kiosk,Police facility at 1107 North Batavia,the Main Public Library at 407 E. Chapman, and OCTA Board Room at 550 S. Main Street; 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 13