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Council Agenda 12-8-20156:00 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 maybe 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.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 December 8, 2015 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Brenton Fessler, RefugeOC 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Michael Alvarez 1.3 ROLL CALL PRESENT - ABSENT - 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The Community Foundation of Orange presents a Field of Valor report and thank you. Presentation of a Retirement Resolution for Abel Bernal for 30 years of dedicated service. 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 3 CITY COUNCIL AGENDA December 8, 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 November 5, 12, 19, and 25, 2015. RECOMMENDED ACTION: Approve. 3.2 City Council Minutes, Regular Meeting of November 10, 2015. RECOMMENDED ACTION: Approve. 3.3 Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. 3.4 Investment Oversight Committee Report for the period ending November 30, 2015. RECOMMENDED ACTION: Receive and file. 3.5 Submittal of Annual Financial Reports for Development Impact Fees for Fiscal Year 2014 -15. RECOMMENDED ACTION: Receive and file. 3.6 Approval of funding to cover the cost of inspections administered by the Municipal Water District of Orange County (MWDOC) for the Turf Removal Rebate program provided by the Metropolitan Water District of Southern California (MET) in the City of Orange's water service area. RECOMMENDED ACTION: Authorization to increase the funding for Turf Removal Rebate program inspection in the amount of $20,000. PAGE 4 CITY COUNCIL AGENDA December 8, 2015 3. CONSENT CALENDAR (Continued) AGREEMENTS 3.7 Mills Act Contract No. MAC - 242.0 -15 (Historic Property Preservation Agreement) 162 North Harwood 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 in exchange for a reduced property tax assessment. 3.8 Mills Act Contract No. MAC - 244.0 -15 (Historic Property Preservation Agreement) 159 South Waverly 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 in exchange for a reduced property tax assessment. 3.9 Mills Act Contract No. MAC - 245.0 -15 (Historic Property Preservation Agreement) 603 East Jefferson 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 in exchange for a reduced property tax assessment. 3.10 Mills Act Contract No. MAC - 246.0 -15 (Historic Property Preservation Agreement) 152 South Pine 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 in exchange for a reduced property tax assessment. PAGE 5 CITY COUNCIL AGENDA December 8, 2015 3. CONSENT CALENDAR (Continued) 3.11 Mills Act Contract No. MAC - 247.0 -15 (Historic Property Preservation Agreement) 261 North Cambridge 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 in exchange for a reduced property tax assessment. 3.12 Agreement with Royer Landscape Construction Inc. for an amount not to exceed $35,008.60 to provide Demolition and Hardscape Installation Work at Grijalva Park. RECOMMENDED ACTION: Approve Agreement and authorize the Mayor and City Clerk to execute on behalf of the City. 3.13 Second Amendment to Agreement with Nieves Landscape, Inc. for Landscape Maintenance Services for City Facilities and Rights of Way to increase the amount for FY 16 from $227,459.98 to $267,459.98. RECOMMENDED ACTION: 1) Approve the Second Amendment to Agreement 5778.A with Nieves Landscape, Inc.; and 2) Authorize the Mayor and City Clerk to execute on behalf of the City. 3.14 Field Maintenance Services Agreement with Major League Infields, Inc., to perform Regular Maintenance Work on City Softball Fields at El Camino Real Park for an amount not to exceed $34,840.00 per year. RECOMMENDED ACTION: Approve the Agreement and authorize the Mayor and City Clerk to execute on behalf of the City. 3.15 Purchase of Electronic Patient Care Reporting (ePCR) and Mobile Device Management (MDM) Software for Orange City Fire Department. RECOMMENDED ACTION: 1) Authorize a 1 -year agreement (with 1 -year extension options) between the City of Orange and W.A.T.E.R. for comprehensive Emergency Medical Service (EMS) Information and Database Software; 2) Authorize a 1 -year agreement (with 1 -year extension options) between the City of Orange and MDM Software Company; 3) Authorize the transfer of $28,601 from expenditure account number 120.3021.56032.12955, Mobile Data Computers to expenditure account number 120.3022.56033.20259, ePCR Software Replacement Project; and 4) Authorize the appropriation of $37,439 from the Emergency Transport Program (125) unreserved fund balance to expenditure account 125.3015.56033.20259, ePCR Software Replacement Project. PAGE 6 CITY COUNCIL AGENDA December 8, 2015 3. CONSENT CALENDAR (Continued) APPROPRIATIONS 3.16 Assembly Bill 109, the 2011 Public Safety Realignment Act, was implemented on October 1, 2011. The bill transferred responsibility for the incarceration, treatment, and supervision of specified adult felons from the California Department of Corrections and Rehabilitation (CDCR) to each county under the Post - release Community Supervision (PCS) program. AB 109 contains a budget to fund overtime services for local agencies to assist counties with case management of these offenders. RECOMMENDED ACTION: 1) Authorize the Mayor to execute the MOU between the City and the County of Orange for Public Safety Realignment and Post - release Community Supervision Cost Reimbursement to Local Law Enforcement Agencies for Enhanced Services and Other Authorized Expenditures; 2) Accept into the City's revenue budget a $22,443.48 funding allocation from the County of Orange into revenue account number 100.4031.45495.20159, General Fund - Post - release Community Supervision; and 3) Authorize the appropriation of $22,443.48 into expenditure account 100.4031.50221.20159, General Fund - Post - release Community Supervision. 3.17 Appropriation of Designated Grant Funding Received from the California Department of Resources Recycling and Recovery (CalRecycle) for the Beverage Container Recycling Program. RECOMMENDED ACTION: 1) Accept into the City's revenue budget $36,784 in grants from CalRecycle and appropriate to the following revenue account number: 220.5022.45290.20258 Beverage Container Recycling 14 -15 36,784 2) Authorize the appropriation of $36,784 into the following expenditure account numbers: 220.5022.50002.20258 Bev. Container Recycling 14 -15 — Salaries and Ben. 3,284 220.5022.51001.20258 Bev. Container Recycling 14 -15 — Contractual Serv. 32,500 220.5022.53001.20258 Bev. Container Recycling 14 -15 — Material & Supp. 1,000 3.18 Approval for a budget adjustment for the purchase of medical supplies. RECOMMENDED ACTION: 1) Approve the appropriation of $118,500 from the EMT Transport (125) unreserved fund balance to expenditure account 125.3022.53510.00000 (Fire /Paramedic Medical Supplies); and 2) Approve the increase to the existing purchase order as follows: Life Assist — increase from $93,500 to $187,000. PAGE 7 CITY COUNCIL AGENDA December 8, 2015 3. CONSENT CALENDAR (Continued) 3.19 FY 15 Urban Areas Security Initiative (UASI) Grant: H1 -UASI Regional Training Program- Instructors Allocation. RECOMMENDED ACTION: 1) Approve the agreement between the City of Orange and the City of Santa Ana in an amount not to exceed $10,227 and authorize the City Manager to execute the agreement on behalf of the City; 2) Accept into the City's revenue budget a $6,818 grant from the Anaheim/Santa Ana Urban Areas UASI into revenue account number 100.3023.45495.20260 (Fire Training -Hl UASI Regional Training Program - Instructors 2015); 3) Authorize the appropriation of $6,818 into expenditure account number 100.3023.51840.20260 (Fire Training -H1 UASI Regional Training Program - Instructors 2015); 4) Accept into the City's revenue budget a $3,409 grant from the Anaheim/Santa Ana Urban Areas UASI into revenue account number 100.4081.45495.20260 (Police - Homeland Security Overtime Safety -H1 UASI Regional Training Program- Instructors 2015); and 5) Authorize the appropriation of $3,409 into expenditure account number 100.4081.50221.20260 (Police - Homeland Security- Overtime Safety -H1 UASI Regional Training Program - Instructors 2015). 3.20 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. Arturo Reyes Gonzalez b. Dinh Doan c. Irma Supancic and surviving children of Michael Supancic d. Natividad Villalba e. Justin D. Morse RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.21 Award of Contract - Bid No. 156 -13; Emergency Generator for Carver Pump Station (W -674). RECOMMENDED ACTION: Award a contract in the amount of $131,400 to TSR Construction and Inspection and authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City. PAGE 8 CITY COUNCIL AGENDA December 8, 2015 3. CONSENT CALENDAR (Continued) 3.22 Award of Contract — Bid No. 156 -20; Mechanical Services and Preventive Maintenance for Heating Ventilation, and Air Conditioning Equipment (HVAC) at Various City Buildings. RECOMMENDED ACTION: Award the contract in the amount of $69,030 to K & J Air Conditioning, and authorize the Mayor and City Clerk to execute the documents on behalf of the City. 3.23 Award of Contract - Bid No. 156 -21; Annual Concrete Replacement at Various Locations, Fiscal Year 2015 -16. RECOMMENDED ACTION: Award the contract in the amount of $506,500 to EBS Engineering, Inc., Corona, CA 92879; and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.24 Award of Contract — Bid No. 156 -22; Roof Coating at Water Warehouse. RECOMMENDED ACTION: Award the contract in the amount of $34,000.00 to Industrial Coating & Restoration, Inc., and authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.25 Award of Contracts — REP No. 156 -05; Tree Services for Public Works and Community Services Departments. RECOMMENDED ACTION: 1) Award an annual contract in an amount of $613,365 per calendar year to WCA for tree services within public street right -of -way citywide for a term of five years starting January 1, 2016. Authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City of Orange; 2) Award an annual contract in an amount of $300,000 per calendar year to WCA for tree services within parks, City facilities, medians, rights -of -way (parkway trees), and assessment districts for a term of five years starting January 1, 2016; and authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City of Orange; 3) Authorize the appropriation of $207,600 from the Sanitation (220) Unreserved Fund Balance to expenditure account number 220.5022.51700.00000, Sanitation — Contractual Services; 4) Authorize the appropriation of $39,000 from the Water (600) Unreserved Fund Balance to expenditure account number 600.8041.51431.00000, Water — Landscape Maintenance; and 5) Authorize the appropriation of $63,400 from the General Fund Unreserved Fund Balance to expenditure accounts: 100.7022.51420.00000 — Maintenance Contracts $56,000; 100.7012.51431.00000 — Landscape Maintenance $2,000; and 100.7022.51431.00000 — Landscape Maintenance $5,400, for a total of $63,400. PAGE 9 CITY COUNCIL AGENDA December 8, 2015 3. CONSENT CALENDAR (Continued) PURCHASES 3.26 Purchase of two Ambulance/Rescue Units for the Orange Fire Department. RECOMMENDED ACTION: 1) Authorize the purchase of two class -one ambulances from Braun Industries, located in Van Wert, Ohio in the amount of $285,756.12 each for a total expenditure of $571,512.24; and 2) Authorize the City Manager to surplus the vehicles scheduled to be replaced. 3.27 Purchase eight miscellaneous Service Vehicles for the Department of Public Works and the Community Services Department. RECOMMENDED ACTION: Authorize the purchase of six half -ton service trucks, a one - ton service body truck, and one mid -size utility vehicle from Ford of Orange in the amount of $231,395.36; and 2) Authorize the City Manager to surplus the replaced vehicles. 3.28 Approve the purchase and installation of a new Storage Area Network (SAN) for Civic Center and increase the capacity of the SAN at the Police Department. RECOMMENDED ACTION: Authorize the purchase and installation of a new Storage Area Network for the Civic Center and the purchase and installation of additional storage capacity in the SAN at the Orange Police Department from Sidepath, Inc. of Irvine, CA in the amount of $373,980.33. REPORTS 3.29 Implementation Status Report on the Recommendations from the Organizational Assessment for Development Services. RECOMMENDED ACTION: Receive and file report. RESOLUTIONS 3.30 RESOLUTION NO. 10903 A Resolution of the City Council of the City of Orange expressing appreciation to Abel Bernal and commending him for thirty years of loyal and dedicated service. RECOMMENDED ACTION: Approve PAGE 10 CITY COUNCIL AGENDA December 8, 2015 3. CONSENT CALENDAR (Continued) 3.31 RESOLUTION NO. 10910 A Resolution of the City Council of the City of Orange finding that a portion of the hillside slopes located on the easterly side of reservoirs 1 and 1 A, and the westerly side of reservoir 2 are no longer needed by the public and ordering the surplus thereof and reserving all public utility easements, and authorizing approval of the Land Exchange Agreement between the City of Orange and the New Home Company (Marywood Project). RECOMMENDED ACTION: 1) Adopt Resolution No. 10910, and 2) Authorize the Mayor to execute the Land exchange and Easement Agreement after the expiration of the 60 day notice period for surplus City property. 3.32 RESOLUTION NO. 10912 A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges to adjust Emergency Medical Services and Ground Ambulance Transportation Rates. RECOMMENDED ACTION: Approve. MOTION - SECOND - AYES - END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 4.1 Re- appointment of Michael Alvarez to the Orange County Mosquito and Vector Control District Board. MOTION - SECOND - AYES - 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 7. ADMINISTRATIVE REPORTS 8. REPORTS FROM CITY MANAGER PAGE 11 CITY COUNCIL AGENDA December 8, 2015 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 04-15 (SECOND 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 - 9.2 ORDINANCE NO. 05-15(A) (SECOND 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 - 9.3 ORDINANCE NO. 09 -15 (SECOND 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 - 9.4 ORDINANCE NO. 10 -15 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Chapter 5.89 of the OMC Prohibiting the Business of Selling, Cultivating or Distributing Cannabis. MOTION - SECOND - AYES - PAGE 12 CITY COUNCIL AGENDA December 8, 2015 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 General Plan Amendment No. 2014 -0001 Time set for a public hearing to consider approval of an amendment to the Orange General Plan including text and graphic updates, and limited changes to City policies for purposes of maintaining document accuracy. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action 1) Find that the proposed General Plan Amendment 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 addresses the document accuracy revisions for purposes of CEQA and no new environmental documents are required. 2) RESOLUTION NO. 10911 A Resolution of the City Council of the City of Orange General Plan Amendment No. 2014 -0001 amending the Orange General Plan including text and graphic updates, and limited changes to City policies for document accuracy. MOTION - SECOND - AYES - PAGE 13 CITY COUNCIL AGENDA December 8, 2015 11. PUBLIC HEARINGS (Continued) 11.2 Appeal No. 0538 -15 - Newport Academy Appeal Time set for a public hearing to consider Appeal No. 0538 -15 of the Planning Commission decision to uphold the Community Development Director's denial of reasonable accommodation 0003 -14, Newport Academy, 1655 Hunters Way. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action Motion on Appeal No. 0538 -15. MOTION - SECOND - AYES - 11.3 Appeal No. 0543 -15 - Watson's Liquor License Approval Time set for a public hearing to consider Appeal No. 0543 -15. An appeal of the Planning Commission decision to approve Conditional Use Permit No. 2985 -15 for an Alcoholic Beverage Control (ABC) Type 47 license for a restaurant at 116 -120 E. Chapman Avenue. Staff Report/Council Questions Open Hearing /Public Comments /Close Hearing Council Comments /Council Action Recommended Council Action Motion on Appeal No. 0543 -15. MOTION - SECOND - AYES - PAGE 14 CITY COUNCIL AGENDA December 8, 2015 12. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY 13. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, January 12, 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 December 8, 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 15