SR - - (20)5:00 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.
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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 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. city ofy �orange.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
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CITY COUNCIL AGENDA
February 14, 2017
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):
Case: Hutt v. City of Orange, et al.
Orange County Superior Court Case No. 30- 2016 - 00857673
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Rick Otto, City Manager; Wayne Winthers, City Attorney;
Laura Kalty, Special Counsel
Employee Organizations: City of Orange Police Association, Orange City
Firefighters, Orange Management Association, Orange Municipal Employees
Association.
4. ADJOURNMENT
The next Regular City Council Meeting will be held on Tuesday, February 14, 2017, at
6:00 p.m. in the Council Chamber.
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CITY COUNCIL AGENDA
February 14, 2017
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Pastor Rob Curington, Orange Villa Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Fred M. Whitaker
1.3 ROLL CALL
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
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
February 14, 2017
3.
3.1
3.2
3.3
3.4
3.5
3.6
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.
Confirmation of warrant registers dated January 6, 12, 20, and 26, 2017.
RECOMMENDED ACTION: Approve.
City Council Minutes, Adjourned Regular Meeting of December 6, 2016, and Regular
Meeting of January 10, 2017.
RECOMMENDED ACTION: Approve.
Waive reading in full of all ordinances on the Agenda.
RECOMMENDED ACTION: Approve.
Monthly Treasurer's Reports for October, November, and December 2016.
RECOMMENDED ACTION: Receive and file.
Investment Oversight Committee Report for the period ending January 31, 2017.
RECOMMENDED ACTION: Receive and file.
AGREEMENTS
Approve the Agreement with Cornerstone Communications and authorize
membership to Behind the Badge OC for the period March 1, 2017, through June 30,
2017.
RECOMMENDED ACTION: 1) Approve the Agreement between the City of Orange and
Cornerstone Communications in an amount not -to- exceed $17,600; 2) Authorize the City
Manager to execute the agreement on behalf of the City; and 3) Authorize the appropriation
of $17,600 from the Federal Asset Forfeiture (355) unreserved fund balance to expenditure
account number 355.4011.51670.00000, Federal Asset Forfeiture, Consulting Services.
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CITY COUNCIL AGENDA
February 14, 2017
3. CONSENT CALENDAR (Continued)
3.7 Approve the Consultant Services Agreement with the County of Orange for full -time
services of a Forensic Specialist for the Police Department through June 30, 2017.
RECOMMENDED ACTION: Approve the Agreement between the County of Orange and
the City of Orange in an amount not -to- exceed $42,179 through June 30, 2017; and
authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City.
3.8 Approve a five -year agreement with Califa Group to provide enhanced Internet
service to all library facilities, and provide fiber -speed network connectivity to the El
Modena Branch Library.
RECOMMENDED ACTION: Approve the
Internet and data services through Ca1REN;
execute the agreement on behalf of the City.
five -year agreement with Califa to provide
and authorize the Mayor and City Clerk to
3.9 Approve Attorney Services Agreement with the law firm Liebert Cassidy and
Whitmore to provide labor negotiations for 2017 negotiations in an amount not -to-
exceed $75,000.
RECOMMENDED ACTION: Approve and authorize the Mayor and City Clerk to execute
the Attorney Services Agreement with Liebert Cassidy Whitmore.
3.10 Approve First Amendment to Consultant Services Agreement with Moore, Iacofano,
Goltsman, Inc., a private planning consultant firm, to provide current and advance
planning assignments and prepare planning studies and reports.
RECOMMENDED ACTION: Approve and authorize the Mayor and City Clerk to execute
the professional service agreement with Moore, Iacofano, Goltsman, Inc., in an amount
not -to- exceed $45,000.
3.11 Approve Consultant Services Agreement between the City of Orange and IBI Group,
Inc. (IBI) to perform a parking study of Uptown Orange.
RECOMMENDED ACTION: Approve the Consultant Services Agreement with IBI in an
amount not -to- exceed $75,000; and authorize the Mayor to execute and the City Clerk to
attest to the Consultant Services Agreement with IBI.
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CITY COUNCIL AGENDA
February 14, 2017
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.12 Appropriation of revenue and associated expenditures for Community Garden plot
leases and sports field maintenance.
RECOMMENDED ACTION: Authorize the appropriation of $3,450 from the General
Fund unreserved fund balance to expenditure account number 100.7001.51700.20227
(Garden Plots); and authorize the appropriation of $8,278.50 from revenue account
100.7001.42480.00000 (User Group Maintenance Fees) to expenditure account number
100.7022.51700.00000 (Contractual Services).
BIDS
3.13 Bid No. 167 -27; Approval of plans and specifications, and request authorization to
advertise for bids for FY 17 Annual Concrete Replacement at Various Locations.
RECOMMENDED ACTION: Approve plans and specifications and authorize advertising
for bids for the FY 17 Annual Concrete Replacement at Various Locations Project.
3.14 Rejection of Bids for Bid No. 167 -21, D -172; Orangewood Avenue & Katella Avenue
Water Quality Storm Drain Improvements, FY 2016 -2017.
RECOMMENDED ACTION: Reject all bids received and authorize the re- advertisement
of this project.
3.15 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. Bersabel Belay
b. Patti Lynn Carlson; Estate of Christopher Carlson; Patti Lynn Carlson as
successor in interest
C. Ryan Wells
d. Marjorie Wilson
e. Virgil Griffin
f. Stella Torres
g. State Farm Insurance a/s /o Luther Bowen
h. Antonio Lujan
i. St. Mary Trust Apts.
j. Jerry Sandoval
k. Rolando Aguilar
1. Tu Ly
M. Aman Jot
n. Anureet Kaur
o, Kuljit Singh
RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and
Adjuster.
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CITY COUNCIL AGENDA
February 14, 2017
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.16 Final Acceptance of Bid No. 156 -45; Reservoir 2 Paving Project performed by Hardy
& Harper Inc; and authorization to record Notice of Completion with the County
Recorder. (No staff report required)
RECOMMENDED ACTION: Accept public works improvements, authorize release of
The Fidelity and Deposit Company of Maryland, Bond No. 7650508 in the amount of
$105,361.00 to the contractor on said job, and authorize the Mayor and City Clerk to
execute the Notice of Completion.
PURCHASES
3.17 Authorize the purchase of replacement water meters from Neptune Technology
Group on a sole source "as needed" basis for FY 2017/2018.
RECOMMENDED ACTION: Approve the purchase of Neptune water meters on an "as
needed" basis from Neptune Technology Group in an amount not -to- exceed $120,000.
3.18 Authorize the purchase of a DUI Trailer from Nappi Fabrication Designs as a sole
source vendor.
RECOMMENDED ACTION: Approve a sole source purchase of a DUI Trailer from
Nappi Fabrication Designs in an amount not -to- exceed $35,000.
REPORTS
3.19 Audited Financial Statements and Related Financial Reports for the fiscal year ended
June 30, 2016.
RECOMMENDED ACTION: Receive and File.
RESOLUTIONS
3.20 Accepting certain roads and streets into the City Street System. Resolution No. 10991.
A Resolution of the City Council of the City of Orange accepting certain roads and streets
into the City street system.
RECOMMENDED ACTION: Approve.
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CITY COUNCIL AGENDA
February 14, 2017
3. CONSENT CALENDAR (Continued)
3.21 Approving the Memorandum of Understanding between the City and the City of
Orange Police Association. Resolution No. 10992.
A Resolution of the City Council of the City of Orange repealing Resolution No. 10779 and
approving the Memorandum of Understanding between the City of Orange and the City of
Orange Police Association concerning wages, salaries, and other terms and conditions of
employment effective July 1, 2015, through June 30, 2017.
RECOMMENDED ACTION: Approve.
3.22 Approving and adopting Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program for widening of portions of Katella Avenue and Tustin Street.
Resolution No. 10993.
A Resolution of the City Council of the City of Orange approving and adopting Mitigated
Negative Declaration No. ENV 1851 -16 and a Mitigation Monitoring and Reporting
Program for the widening of portions of Katella Avenue and Tustin Street, approving
Preliminary Plans therefore, and making certain findings in connection therewith.
RECOMMENDED ACTION: Approve.
3.23 Approving and adopting Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program for widening of portions of Chapman Avenue and Tustin
Street. Resolution No. 10994.
A Resolution of the City Council of the City of Orange approving and adopting Mitigated
Negative Declaration No. ENV 1852 -16 and a Mitigation Monitoring and Reporting
Program for the widening of portions of Chapman Avenue and Tustin Street, approving
Preliminary Plans therefore, and making certain findings in connection therewith.
RECOMMENDED ACTION: Approve.
3.24 Approving the Memorandum of Understanding between the City and the Orange
City Firefighters. Resolution No. 10995.
A Resolution of the City Council of the City of Orange repealing Resolution No. 10698 and
approving the Memorandum of Understanding between the City of Orange and the Orange
City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL -
CIO concerning wages, salaries, and other terms and conditions of employment effective
July 1, 2015, through June 30, 2017.
RECOMMENDED ACTION: Approve.
END OF CONSENT CALENDAR
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CITY COUNCIL AGENDA
February 14, 2017
4. REPORTS FROM MAYOR SMITH
5. REPORTS FROM COUNCILMEMBERS
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7. ADMINISTRATIVE REPORTS
7.1 Status of Fiscal Year 2016 -2017 budget and necessary Mid -Year Adjustments and
preliminary projections for Fiscal Year 2017 -2018 budget preparation.
RECOMMENDED ACTION: Receive and file report; and approve the following transfers:
1) Authorize the transfer of $2,000,000 from the unreserved fund balance of the General
Fund to the Capital Projects Fund (500); 2) Authorize the transfer of $1,000,000 from the
unreserved fund balance of the General Fund to the Accrued Liability Fund (760 for
PERS); and 3) Authorize the transfer of $2,5000,000 from the unreserved fund balance of
the General fund to the Business Investment Fund (115).
8. REPORTS FROM CITY MANAGER
8.1 Introduction of New City Website.
RECOMMENDED ACTION: Receive and file.
9. LEGAL AFFAIRS
9.1 Approving a zone change to property located at 2050 and 2140 West Chapman
Avenue from office professional to general business. Ordinance No. 01 -17 (Second
Reading)
An Ordinance of the City Council approving Zone Change No. 1282 -16 to change the zone
of property located at 2050 and 2140 West Chapman Ave. from office professional (O -P)
to general business (C -2) consistent with the existing General Plan land use designation of
general commercial (Max 1.0 FAR) (GC).
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CITY COUNCIL AGENDA
February 14, 2017
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
12. ADJOURNMENT
The next Regular City Council Meeting will be held on Tuesday, March 14, 2017, 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 February 14, 2017, 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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