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CITY COUNCIL
AGENDA
Regular Meeting
January 13, 2015
4:30 p.m. Employee Recognition
5:00 p.m. Closed Session
6:00 p.m. Regular Session
Council Chambers
300 E. Chapman Avenue, Orange, CA 92866
TERESA E. SMITH
MAYOR
FRED M. WHITAKER
Mayor pro tem
MICHAEL ALVAREZ
Councilmember
Wayne W. Winthers
City Attorney
MARK A. MURPHY
Councilmember
KIMBERLEE NICHOLS
Councilmember
John W. Sibley 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 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 Chambers 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 Chambers. Your cooperation is appreciated
TO SPEAK ON ANY ITEM ON THE AGENDA, complete a speaker's card located at the
entrance to the Council Chambers. 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
January 13, 2015
4:30 P.M. SESSION
1. ROLL CALL
PRESENT -
ABSENT -
2. ORAL COMMUNICATIONS
At this time, members of the public may address the Council on any 4:30 p.m. session
items only. Comments are limited to three minutes per person.
3. EMPLOYEE RECOGNITION
Recognition of Employee Service
4. RECESS
The City Council will recess to the 5:00 p.m. Closed Session. The next Regular City
Council meeting will be held on Tuesday January 13, 2015, at 6:00 p.m. in the Council
Chambers.
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CITY COUNCIL AGENDA
January 13, 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 Legal Counsel — Existing Litigation pursuant to Government
Code Section 54956.9(a):
Case: Vasquez v. Rackauckas, et. al.
United States District Court Case No. SACV 09 -1090 VBF(RNBx)
4. ADJOURNMENT
The next Regular City Council Meeting will be held on Tuesday January 13, 2015, at
6:00 p.m. in the Council Chambers.
PAGE
CITY COUNCIL AGENDA
January 13, 2015
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Pastor Tim Klinkenberg, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Mark A. Murphy
1.3 ROLL CALL
PRESENT -
ABSENT -
1.4 PRESENTATIONS /ANNOUNCEMENTS /INTRODUCTIONS
Presentation of a Proclamation to outgoing Treasurer Eric Woolery for his service to the
City of Orange.
Presentation of a Proclamation to Wayne King, former City Traffic Commissioner for his
service to the City of Orange.
Presentation of an Annual Report from the Orange County Human Relations Council.
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.
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CITY COUNCIL AGENDA
January 13, 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 December 11, 18, and 23, 2014.
RECOMMENDED ACTION: Approve.
3.2 City Council Minutes, Regular Meeting of December 9, 2014.
RECOMMENDED ACTION: Approve.
3.3 Waive reading in full of all ordinances on the Agenda.
RECOMMENDED ACTION: Approve.
AGREEMENTS
3.4 First Amendment to Agreement with Moore, Iacofano, Goltsman, Inc. to Provide
Current and Advance Planning and to Prepare Planning Studies and Reports in an
amount not -to- exceed $65,000.00 for a total contract amount of $95,000.00.
RECOMMENDED ACTION: Approve the amendment and authorize the Mayor and
City Clerk to execute on behalf of the City.
3.5 Agreements with Fieldman, Rolapp & Associates; Quint & Thimmig LLP; US
Bank; Richards, Watson & Gershon; Willdan Financial; and Stifel, Nicolaus &
Company for Legal and Consultant Services regarding Community Facilities
District No. 06 -1 (Del Rio) Bond Refinancing.
RECOMMENDED ACTION: Approve the agreements and authorize the Mayor and
City Clerk to execute on behalf of the City.
PAGE
CITY COUNCIL AGENDA
January 13, 2015
3. CONSENT CALENDAR (Continued)
3.6 Agreement with Greenfield Outdoor Fitness to install an outdoor exercise circuit
through Cooperative Purchasing Agreements (CPA).
RECOMMENDED ACTION: Approve agreement and authorize the Mayor and City
Clerk to execute on behalf of the City.
3.7 Sixth Amendment to Agreement with Magnetic Electric, Inc. to increase the total
not -to- exceed amount from $107,941.91 to $132,941.91.
RECOMMENDED ACTION: 1) Appropriate $25,000 from unreserved Fund 291 to
291.7026.51700 (Irvine 86 -2 Landscape Maintenance); and 2) Approve the Amendment
and authorize the Mayor and City Clerk to execute on behalf of the City.
3.8 Contract with Landscape Structures, Inc. in the amount of $255,110.49 for
furnishing and installing play equipment and equipment shade structures at Handy
and Belmont Parks.
RECOMMENDED ACTION: 1) Appropriate: $25,395 from Fund (100) unreserved fund
balance (Private Donations) to 500.7021.56015.30052 (Handy Park Tot Lot Equipment);
2) Transfer $3,201.72 from Account 550.7021.56031.30046 (Belmont Shade Sail) to
Account 550.7021.56015.30052 (Handy Park Tot Lot Equipment); and 3) Approve the
Contract and authorize the Mayor and City Clerk to execute on behalf of the City.
3.9 Agreement with Orange Regional Competitive Aquatics (ORCA), a non - profit
public benefit corporation, for the administration of City aquatic programs.
RECOMMENDED ACTION: Approve the agreement and authorize the Mayor and City
Clerk to execute on behalf of the City.
3.10 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. Ariel Herco
b. Celeste Herco
c. Heirs of Vincente Banagale
d. Gail Alden
RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney
and Adjuster.
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CITY COUNCIL AGENDA
January 13, 2015
3. CONSENT CALENDAR (Continued)
3.11 Award of Contract: Bid No. 145 -23; Feather Hill Drive Subdrain and Villa Real
Drive Storm Drain Improvements.
RECOMMENDED ACTION: Award the contract in the amount of $45,000 to GRFCO,
Inc. and authorize the Mayor and City Clerk to execute on behalf of the City.
3.12 Final Acceptance of Bid No. 134 -31: Pipeline Replacement for Chapman Avenue
from Lemon Street to Grand Street performed by Electrical Services Solutions, Inc.
and authorization to file the Notice of Completion with the County Recorder. N(_o
staff report required.)
RECOMMENDED ACTION: Accept the completion of installation, authorize release of
The Western Surety Company, Bond No. 71570837 in the amount of $135,780.00 to the
contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of
Completion.
3.13 Final Acceptance LED Street Lighting Project performed by National Joint Power
Alliance (NJA); 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, Bond No. 58717856 in the amount of $100,000.00 to the
contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of
Completion.
PROPERTY
3.14 Purchase of 993 Square Feet of property at 2901 E. Katella Avenue for the Purpose
of Improving the Critical Intersection of Katella Avenue and Wanda Road.
RECOMMENDED ACTION: Authorize the Mayor and City Clerk to execute escrow
and related documents.
3.15 Authorizing the granting of two public utility easements to Southern California
Edison on City of Orange property to facilitate the installation of electrical
equipment in the Old Towne Plaza.
RECOMMENDED ACTION: 1) Authorize the granting of public utility easements on
City of Orange property, and 2) Execute Easement Deeds in favor of the public utility
company.
MOTION -
SECOND -
AYES -
END OF CONSENT CALENDAR
PAGE
CITY COUNCIL AGENDA
January 13, 2015
4. REPORTS FROM MAYOR SMITH
4.1 Discussion of compensation of City Treasurer and City Clerk.
MOTION -
SECOND -
AYES -
4.2 Letter of support for East Orange County Water District's (EOCWD) application
with the Local Agency Formation Committee (LAFCO) to transfer the sewer service
in Area Seven of the Orange County Sanitation District to EOCWD. Draft
Agreement with EOCWD.
MOTION -
SECOND -
AYES -
5. REPORTS FROM COUNCILMEMBERS
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7. ADMINISTRATIVE REPORTS
7.1 Agreement with Microsoft Enterprise for software licenses for all City computers
and servers.
RECOMMENDED ACTION: Approve the agreement in the amount of $769,100.82 and
authorize the Mayor and City Clerk to execute on behalf of the City
MOTION -
SECOND -
AYES -
8. REPORTS FROM CITY MANAGER
9. LEGAL AFFAIRS
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
PAGE
CITY COUNCIL AGENDA
January 13, 2015
11. PUBLIC HEARINGS
11.1 STREAMLINING ORDINANCE
Time set for a continued public hearing to consider streamlining of City review and
clarify standards for certain types of residential accessory structures, bingo games,
churches in industrial zones, and parking structure floor area ratio. (Continued from
December 9, 2014.)
Staff Report / Council Questions
Open Public Hearing / Public Comments / Close Public Hearing
Council Comments / Council Action
Recommended Council Action
Find the Ordinance categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305.
ORDINANCE 08 -14 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code to Streamline the Review Process and Clarify City Standards for Certain
Types of Residential Accessory Structures, Bingo Games, Churches in Industrial Zones,
and Parking Structure Floor Area Ratio.
MOTION -
SECOND -
AYES -
12. ADJOURNMENT
The next Regular City Council Meeting will be held on Tuesday February 10, 2015, at
6:00 p.m. in the Council Chambers, 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 January 13, 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.
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