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Council Agenda 10-09-2018 �,�o�R:q.�r � .� CITY COUNCIL �1,`�;.�� .G� .. . * . � . . �� a��y . � .� ��. °� � ��� ��� � �� �� AGENDA �� � ��� .�� �'• ,.�o c.��•APril 6;1a8a.• ti c�U1VTY GP Regular Meeting October 9, 2018 4:30 p.m. Employee Recognition 5:00 p.m. Closed Session 6:00 p.m. Regular Session City Council Chamber 300 E. Chapman Ave. Orange, CA 92869 TERESA E. SMITH Mayor MARK A. MURPHY FRED M. WHITAKER Mayor pro tem Councilmember MICHAEL ALVAREZ KIMBERLEE NICHOLS Councilmember � Councilmember Wayne W. Winthers Ricic Otto Mary E. Murphy City Attorney 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 agenized 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. 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 Channel3 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 October 9, 2018 4:30 P.M. SESSION 1. ROLL CALL 2. ORAL COMMUNICATIONS At this time, members of the public may address the Council on any Employee Recognition items only. Comments are limited to three minutes per person. 3. EMPLOYEE SERVICE AWARDS 4. RECESS The next Regular City Council Meeting will be held on Tuesday, October 9, 2018, at 6:00 p.m. in the Council Chamber with a Closed Session at 5:00 p.m. if necessary. PAGE 3 CITY C4UNCIL AGENDA October 9, 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—Existing litigation pursuant to Government Code Section 54956.9(a) & (d)(1). � 1) Case: Orange County Catholic Workers, et al. v. County of Orange, et al. USDC Case No. 8:18-cv-00155 2) Case: County of ONange v. California Department of Public Health San Diego Superior Court 3) Case: Creative Home v. City of Or'ange Riverside County Superior Court Case No. RIC1804155 b. Conference with Legal Counsel—Potential Litigation—Significant exposure to Litigation pursuant to Government Code Section 54956.9(d)(2). 1) One potential case. c. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Manager 4. ADJOURNMENT The next Regular City Council Meeting wi11 be held on Tuesday, October 9, 2018, at 6:00 p.m. in the Council Chamber. PAGE 4 CITY COUNCIL AGENDA October 9, 2018 6:0�P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Danny Kurimay, Bridge Community Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Fred M. Whitaker 1.3 ROLL CALL 1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS The American Planning Association Great Places in America Designation. Presentation by the Friends of the Orange Public Library to the Orange Public Library. Proclamation Recognizing Jeff Kohrs for over 31 years of service. Proclamation and Presentations Recognizing Fire Chief Jack Thomas for over 30 years of service. Memorial Adjournment for former City of Orange Mayor Jim Beam. 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 5 CITY COUNCIL AGENDA October 9, 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 August 7 and 29,2018; and September 6, 14, 20, and 28,2018. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of September 11,2018. 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 2017-18. RECOMMENDED ACTION: Receive and file. 3.5 First Amendment to Agreement No. 6323 with GKK WORKS, Inc. in the amount of $87,000 for construction management services for the Shaffer Park Renovation Project. RECOMMENDED ACTION: 1) Authorize the appropriation of$87,000 from Fund 510 (Park Acquisition-Infill) unreserved fund balance to expenditure account number 510.7022.56020.30042 (CIP — Shaffer Park Renovation); and 2) Approve the amendment with GKK WORKS,Inc.in the amount of$87,000,and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 3.6 Agreement with Great Scott Tree Service,Inc. in the amount of$118,470 for tree and brush clearance along a portion of Santiago Creek. RECOMMENDED ACTION: 1)Authorize the appropriation of$118,470 from unreserved Fund 100 balance (General Fund) to expenditure account 100.7022.51700.00000 (Contractual Services); 2) Approve the agreement with Great Scott Tree Service, Inc. for tree and brush clearance and Authorize the Mayor and the City Clerk to execute the agreement on behalf of the City; and 3) Authorize City Staff to file a Notice of Exemption to the County of Orange for the California Environmental Quality Act due to the minor nature of the project. PAGE 6 CITY COUNCIL AGENDA October 9, 201 S 3. CONSENT CALENDAR(Continued) 3.7 Authorize the first amendment to Agreement 6270 with Bibliotheca for purchase of a replacement sorter and associated maintenance for the sorter and all Radio Frequency Identification(RFID)equipment for the Orange Public Library&History Center. RECOMMENDED ACTION: 1) Authorize sole source upgrade and purchase of a replacement AMH sorter from Bibliotheca for an amount not-to-exceed $183,580 (plus tax); 2)Authorize renewal of annual maintenance service for all RFID equipment through FY 23/24; and 3)Authorize Mayor and City Clerk to execute the Amendment on behalf of the City. 3.8 Second Amendment to Attorney Services Agreement with the law firm of Woodruff, Spradlin & Smart to provide legal services related to litigation defense in the matter of The Estate of Michael Perez v. City of Orange. RECOMMENDED ACTION: Approve the Second Amendment to Attorney Services Agreement with Woodruff, Spradlin& Smart in the amount of$90,000; and authorize the Mayor and City Clerk to execute on behalf of the City. 3.9 Appropriation of $8,740 of user group revenue for sports field maintenance and renovation. RECOMMENDED ACTION: Authorize the appropriation of $8,740 from revenue account 100.7022.42480.00000 (User Group Maintenance Fees) as follows: $1,660 to 100.7022.51420.00000 (Maintenance Contracts) and $7,080 to 100.7022.51424.00000 (User Group Maintenance). 3.10 Request to accept and appropriate into the City's revenue budget a $36,700 donation from the Friends of Orange Public Library(Friends). RECOMMENDED ACTION: 1)Accept into the City's revenue budget a$36,700 donation from the Friends, into revenue account number 100.2001.48390.19990 (Friends Donations); and 2) Authorize the appropriation of$36,700 into the following expenditure account numbers: 100.2001.53301.19990 - Book Budget(Friends) $21,000 100.2001.53011.19990 - Employee Recognition Program(Friends) 1,000 100.2004.51423.19990 - Maintenance &Equipment(Friends) 9,700 100.2016.53340.19990 - Craft supplies-Adult(Friends) 500 100.2017.53340.19990 - Craft supplies-Children&Teen(Friends) 4,500 $36,700 PAGE 7 CITY COUNCIL AGENDA October 9, 2018 3. CONSENT CALENDAR(Continued) 3.11 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 $99,312.06 into account number 100.3021.48212.40174 — Reimbursement from OES, Canyon 2 Fire; 2) Authorize the appropriation of$97,296 into expenditure account number: 100.3021.50221.40174—Overtime-Safety; and 3)Authorize the appropriation of$2,016.36 into expenditure account number 100.3021.53860.40174 — Strike Team Expenditures. 3.12 Authorization to advertise for bids for construction of Fiscal Year 2017-18 (FY18) Community Development Block Grant (CDBG) Tularosa Neighborhood/West Palmyra Avenue Street Rehabilitation Project(SP-4059); Bid No. 189-12. � RECOMMENDED ACTION:Approve plans and specifications and authorize advertising for bids for the CDBG FY18 Tularosa Neighborhood/West Palmyra Avenue Street Rehabilitation Project. 3.13 Final acceptance of Bid No. 167-41; Calsense Installation at Various Parks; and authorization to file Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept Calsense Installation at Various Parks project as complete; and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.14 Final acceptance of Bid No. 167-40; Booster Pump Installation at City Parks; and authorization to file Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept Booster Pump Installation at City Parks project as complete; and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.15 Final acceptance of Bid No. 178-41; Handy Creek Palm Removal Project(FY18); and authorization to file Notice of Completion with the County Recorder. RECOMMENDED ACTION: Accept Handy Creek Palm Removal Project (FY18) as complete; and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.16 Claims for Damages. RECOMMENDED ACTION: Deny the following claims for damages and refer to City Attorney and Claims Adjuster: a. David Oceguera b. Kara Beth Oceguera c. Kim McCoy, Personal Injury d. Kim McCoy, Property Damage PAGE 8 CITY COUNCIL AGENDA October 9, 2018 3. CONSENT CALENDAR(Continued) 3.17 Change Order No. 2 to Cambridge Storm Drain Project contract; Bid No. 178-32. RECOMMENDED ACTION: Approve Contract Change Order No. 2 in the amount of $109,581 to Garrett J Gentry Engineering for the additional work. 3.18 Purchase of 50 Electronic Paramedic Care Report tablets from Verizon Wireless for $32,022. RECOMMENDED ACTION: Authorize the purchase of 50 iPad Pro 10.5 64 GB tablets from Verizon for $32,022. 3.19 Delegating Authority for Industrial Disability Retirement Determinations. Resolution No. 11111. A Resolution of the City Council of the City of Orange Delegating Authority to the City Manager to Apply for and Make Industrial Disability Retirement Determinations. RECOMMENDED ACTION: Approve Resolution No. 11111. 3.20 Classification, Compensation, and Terms of Service for Part-Time and Seasonal Employees; and amending the citywide salary schedule. Resolution No"s. 11112 and 11113. 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, 2018,through and including June 30, 2019, and repealing Resolution No. 11042 and amendments thereto, for said employees. A Resolution of the City Council of the City of Orange amending the citywide Salary Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5. RECOMMENDED ACTION: Approve Resolution No. 11112 and Resolution No. 11113. 3.21 Biennial update to the City's Conflict of Interest Code. Resolution No. 11114. A Resolution of the City Council of the City of Orange adopting the Biennial Revisions to Employee Positions and Titles in the Conflict of Interest Code for the City of Orange. RECOMMENDED ACTION: Approve Resolution No. 11114. END OF CONSENT CALENDAR * * * * � * * * 4. REPORTS FROM MAYOR SMITH PAGE 9 CITY COUNCIL AGENDA October 9, 2018 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Alvarez: Audit of the Orange International Street Fair. 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 Financial status update for Fiscal Year 2018 and 2019. RECOMMENDED ACTION: Receive and File. 7.2 Accept the resignation of Elected City Clerk Mary E. Murphy. 8. REPORTS FROM CITY MANAGER 8.1 Update on the Old Towne West/Metrolink Parking Structure. 9. LEGAL AFFAIRS 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY PAGE 10 CITY COUNCIL AGENDA October 9, 2018 11 PUBLIC HEARINGS 11.1 Old Towne Historic District Boundary Adjustment Zone Change No. 1289-18. Time set for a public hearing to consider Zone Change No. 1289-18 to expand an existing historic district overlay zone to add 12 properties on South Batavia Street to the local Old Towne Historic District. With the overlay zone, the City of Orange Historic Resources Inventory will be updated accordingly to reflect the status of these properties. Recommended Council Action: Approve Ordinance No. 12-18 for First Reading. An Ordinance of the City Council of the City of Orange approving a Zone Change to expand an existing historic district overlay zone to add 12 properties on South Batavia Street to the local Old Towne Historic District and update the City of Orange Historic Resources Inventory. 11.2 Nutwood Tract Zone Change No. 1288-18. (Continued from September 11,2018) Time set for a public hearing to consider Zone Change No. 1288-18 to rezone select properties in the Nutwood Tract to Single Family Residential (R-1-6) and Office Professional (OP) to establish consistency with the Low Density Residential and Neighborhood Office Professional General Plan land use designations in accordance with state law. The subject Zone Change addresses certain properties presently developed with single-family residences on the 500-block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue and a professional office at 503 S. Glassell Street. Recommended Council Action: Approve Ordinance No. 09-18 for First Reading. An Ordinance of the City Council of the City of Orange approving Zone Change No. 1288- 18 rezoning certain properties in the Nutwood Tract to single family residential (R-1-6) and Office Professional (OP)to establish consistency with the low density residential and neighborhood office professional General Plan land use designations in accordance with state law. 12. ADJOURNMENT The City Council will adjourn in memory of former Orange Mayor, Jim Beam. The next Regular City Council Meeting will be held on Tuesday, November 13, 2018, 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 October 9,2018,at Orange Civic Center kiosk,Police facility at 1107 North Batavia,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 11