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SR - - (13)March 8, 2016 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. 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 pacers cellular telephones and any other communication devices are to be turned off upon entering the e 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 March 8, 2016 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 Real Property Negotiator — Real property negotiations pursuant to Government Code Section 54956.8: Property: 555 S. Shaffer City Negotiator: Mary Ellen Laster, Senior Housing Manager Negotiating Parties: City of Orange and Triangle Terrace Affordable, L.P. Under Negotiation: Lease terms b. Public Employee Appointment — Pursuant to Government Code Section 54957(b): Title: Orange Public Library Director Title: Police Chief 4. ADJOURNMENT The next Regular City Council Meeting will be held on Tuesday, March 8, 2016, at 6:00 p.m. in the Council Chamber. PAGE 3 CITY COUNCIL AGENDA March 8, 2016 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Kimberlee Nichols 1.3 ROLL CALL PRESENT - ABSENT - 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation honoring Barry Cole for induction into the Manufactured Housing Hall of Fame. Proclamation honoring John Cox for his 22 years of contributions to the Orange Park Acres Community. 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 March 8, 2016 3. 3.1 3.2 3.3 3.4 3.5 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 February 4, 11, 18, and 25, 2016. RECOMMENDED ACTION: Approve. City Council Minutes, Regular Meeting of February 9, 2016. RECOMMENDED ACTION: Approve. Waive reading in full of all ordinances on the Agenda. RECOMMENDED ACTION: Approve. Investment Oversight Committee Report for the period ending February 29, 2016. RECOMMENDED ACTION: Receive and file. AGREEMENTS Amendment to Consultant Services Agreement No. 6249 with Raftelis Financial Consultants for additional services preparing the Sanitation Rate Study. RECOMMENDED ACTION: Approve First Amendment to a Consultant Services Agreement with Raftelis Financial Consultants, and increase the contract amount by $13,980 and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. PAGE 5 CITY COUNCIL AGENDA March 8, 2016 3. CONSENT CALENDAR (Continued) 3.6 Agreements with (1) the City of Anaheim and (2) The Olson Company for Orange to provide Sewer Service to a New Condominium Development in Anaheim. RECOMMENDED ACTION: Approve two sewer agreements: (1) Out of Area Sewer Service Agreement between City of Orange and City of Anaheim to allow the sewer discharge for property at 2337 -2415 South Manchester Avenue, Anaheim, to be served by City of Orange; and (2) Sewer Payment Agreement between City of Orange and The Olson Company for a lump sum payment of sewer maintenance fee. 3.7 Agreement between the City of Orange and The Roman Catholic Bishop of Orange regarding Recreational Trails. RECOMMENDED ACTION: Approve the Agreement Regarding Recreational Trails between the City of Orange and The Roman Catholic Bishop of Orange and authorize the acceptance of two trail easements by easement deed. 3.8 Cooperative Agreement No. C -5 -3587 by and between Orange County Transportation Authority (OCTA), County of Orange, and the Cities of Orange and Garden Grove for the Implementation of the Chapman Avenue Regional Traffic Synchronization funded as part of the Measure M2 Regional Traffic Signal Synchronization Program (Project P). RECOMMENDED ACTION: Approve Cooperative Agreement No C -5 -3587 and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.9 Agreement for the Transfer of Ownership of the Police Service Dog, Lycan, assigned to the Police Department's Canine Team, from the City of Orange to Canine Officer Carlos Gutierrez. RECOMMENDED ACTION: Approve the agreement transferring ownership of Lycan to Officer Carlos Gutierrez, effective February 23, 2016. 3.10 Third Amendment, First Extension to Agreement with Xerox State and Local Solutions, Inc. for Information Technology Services. RECOMMENDED ACTION: Approve the third amendment to the Information Technology Services Agreement with Xerox State and Local Solutions, Inc., extending the Agreement for one year commencing July 1, 2016, and terminating on June 30, 2017; and authorize the Mayor to execute the Amendment. PAGE 6 CITY COUNCIL AGENDA March 8, 2016 3.11 Agreement with Chapman University for Local Cable Programming. RECOMMENDED ACTION: 1) Authorize the Mayor and City Clerk to execute this Agreement on behalf of the City; and 2) authorize the appropriation of $40,000.00 from the (130) PEG unreserved fund balance to Account 130.0000.51700.20067 Contractual Services to cover the FY 15 -16 costs associated with the Chapman Agreement (the remainder $280,000 will be budgeted in the FY 16 -17 and FY 17 -18 budget process). 3.12 Agreement with White Nelson Diehl Evans LLP to Perform the Annual Financial Audit of the City and Successor Agency of the former Orange Redevelopment Agency for fiscal years 2015 -2016 through 2017 -2018. RECOMMENDED ACTION: Approve agreement and authorize the Mayor and City Clerk to execute on behalf of the City. 3.13 Award of Consultant Services Agreement to EMG Holding LLC (EMG) for preparing the Facilities Condition Assessment (SP- 3950). RECOMMENDED ACTION: Award the contract in the amount of $123,000.00 to EMG and authorize the Mayor and City Clerk to execute on behalf of the City. Authorize the appropriation of $10,000 from the unreserved fund balance from the Capital Projects (500) fund to expenditure account 500.5028.56020.20204, Facilities Assessment. 3.14 Lease Agreement with Architects Orange for a short -term lease of a two story office building located at 174 S. Orange Street. RECOMMENDED ACTION: 1) Approve the Lease Agreement with Architects Orange; and 2) authorize the Mayor and the City Clerk to attest to the Lease Agreement with Architects Orange. 3.15 Professional Services Agreement for Environmental Review for the Santiago Hills II Project. RECOMMENDED ACTION: 1) Approve the Professional Services Agreement with ICF Jones & Stokes, Inc.; and 2) authorize the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.16 Appropriation of funds received from Rancho Santiago Community College District (Santa Ana College) for Fire Department training hours. RECOMMENDED ACTION: 1) Accept into the City's revenue budget an $18,127.17 payment from Rancho Santiago Community College District, into revenue account 100.3023.48210.20234 — (Exp Reimb -Santa Ana Clg Fire Train 15 -16); and 2) authorize the appropriation of $18,127.17 into expenditure account 100.3023.51840.20234 — (Local - Training Santa Ana College 15 -16). PAGE 7 CITY COUNCIL AGENDA March 8, 2016 3. CONSENT CALENDAR (Continued) 3.17 Appropriation of funds received from State of California. RECOMMENDED ACTION: Accept into the City's revenue budget a total reimbursement of $358,794.67 in payments from the State of California into account number 100.3021.48212 - Reimbursement from O.E.S, within the following project numbers: Description of Incident Reimbursement Project Account Revenue Amount Willow Fire 40104 $50,978.98 Fork Complex 40106 175,693.79 Jerusalem Fire 40107 12,797.86 Cuesta Fire 40108 13,124.06 Valley Fire 40115 40,025.14 Rough Fire 40109 66,174.84 Authorize the appropriation into expenditure account number 100.3021.53860 — Strike Team Expenditures, within the project numbers and amounts as follows: Description of Expenditure Project Account Expenditure Amount Willow Fire 40104 $50,978.98 Fork Complex 40106 175,693.79 Jerusalem Fire 40107 12,797.86 Cuesta Fire 40108 13,124.06 Valley Fire 40115 40,025.14 Rough Fire 40109 66,174.84 BIDS 3.18 Bid No. 156 -33; Approval of plans and specifications, and request authorization to advertise for bids the Tustin Street and Vanowen Avenue Left Turn Signal Modification Project (SP- 3927). RECOMMENDED ACTION: Approve plans and specifications, and authorize advertising for bids the Tustin Street at Vanowen Avenue Left Turn Signal Modification Project. PAGE 8 CITY COUNCIL AGENDA March 8, 2016 3. CONSENT CALENDAR (Continued) 3.19 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. Thomas O'Neill b. Manuel L. Hernandez C. Kimberly Pearson d. Jason Gardner e. AmeriCare MedServices, Inc. dba AmeriCare Ambulance f. Raul Roberto Davila Barron g. Kim Watson RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.20 Contract Change Order No. 1 — Bid No. 145 -59; Orange Police Headquarters Walk - in Evidence Cooler/Freezer Installation Project. RECOMMENDED ACTION: Approve Contract Change Order No. 1 in the amount of $16,129.14 to Golden Sun Firm & Co., Inc. 3.21 Contract Change Order No. 1 and Final — Bid No. 145 -42; Fire Station Kitchen Improvements. RECOMMENDED ACTION: Approve Contract Change Order No. 1 and Final in the amount of $18,857 to Frank Shariat General Engineering. 3.22 Contract Change Order No. 1 — Bid No. 156 -03; CDBG Fiscal Year 2014 -2015 Street /Sewer Improvement Project. RECOMMENDED ACTION: Ap accounts: From CDBG 310.9645.57130.11070 Contgy. CDBG 310.9645.57130.11070 Contgy. CDBG 310.9645.57130.11070 Contgy. prove the transfer of funds among To 310.9645.56330.30036 First St. Sewer 310.9645.56330.30037 Center St. Rehab 310.9645.56330.30040 Parker /Clark St. < the following Amount $ 9,192.06 $ 1,514.19 ;ewer $ 1,000.00 Total $11,706.25 PAGE 9 CITY COUNCIL AGENDA March 8, 2016 3. CONSENT CALENDAR (Continued) 3.23 Final Acceptance of Bid No. 145 -47; Annual Pavement Maintenance Project at Various Locations Fiscal Year 2014 -15 performed by R.J. Noble Company; 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 of California Bond No. 58725583 in the amount of $3,864,175.00 to the contractor on said job; and authorize the Mayor and City Clerk to execute the Notice of Completion. 3.24 Final Acceptance of Bid No. 145 -53; Sewer Replacement at Various Location Project, FY 2014 -15 performed by Vasilj, Inc.; 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 Fidelity & Deposit Company of Maryland Bond No. 7645310 in the amount of $1,043,300.00 to the contractor on said job; and authorize the Mayor and City Clerk to execute the Notice of Completion. PERMITS 3.25 Special Event Permit request from the Orange Blossoms, an Auxiliary of the Assistance League of Orange, to host the 10 Annual Taste of Orange, on Sunday, May 1, 2016. RECOMMENDED ACTION: 1) Approve the closure of a portion of the South Orange Street public parking lot for use by the Assistance League of Orange, California, Inc., to hold their Annual "Taste of Orange" on Sunday, May 1, 2016; 2) Authorize the sale and permit the purchase, possession, and consumption of alcoholic beverages at the annual "Taste of Orange" event, on a portion of the South Orange Street public parking lot pursuant to the requirements of Section 5.72.080 of the OMC; and 3) Approve waiver of $208 parking lot usage fee for this event. QUITCLAIM 3.26 Quitclaim of Public Utility Easement on North Side of 22 Freeway, East of Lewis Street from the City of Orange to the Orange County Transportation Authority (OCTA). RECOMMENDED ACTION: Approve the quitclaim of the public utility easement to OCTA and authorize the mayor to sign the quitclaim deed. PAGE 10 CITY COUNCIL AGENDA March 8, 2016 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.27 RESOLUTION NO. 10925 A Resolution of the City Council of the City of Orange expressing appreciation to Robert Gustafson, Police Chief, and commending him for over 41 years of loyal and dedicated police service. RECOMMENDED ACTION: Approve. MOTION - SECOND - AYES - END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 7. ADMINISTRATIVE REPORTS 7.1 Maintenance Agreement for Recreational Trails between the City of Orange and the Orange Park Association, Inc. RECOMMENDED ACTION: Approve the agreement regarding the maintenance of public access multi - purpose equestrian/recreational trails between the City of Orange and the Orange Park Association, Inc., and allow the City Manager to approve any future amendments to this agreement as additional trail easements may be added for maintenance. MOTION - SECOND - AYES - PAGE 11 CITY COUNCIL AGENDA March 8, 2016 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Agreement with GKK Works, Inc., for Construction Management Services for the Shaffer Park Renovation Project, for an amount not to exceed $276,511.00. RECOMMENDED ACTION: 1) Appropriate $110,000.00 from the Fund 510 (Park Acquisition - Infill) unreserved fund balance to expenditure account number 510.7022.56020.30042; and 2) Approve the Agreement between the City of Orange and GKK Works, Inc., and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. MOTION - SECOND - AYES - 8. REPORTS FROM CITY MANAGER 9. LEGAL AFFAIR 9.1 ORDINANCE NO. 03-16 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Chapter 9.39 of the Orange Municipal Code relating to parties and underage drinking. MOTION - SECOND - AYES - 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS PAGE 12 CITY COUNCIL AGENDA March 8, 2016 12. ADJOURNMENT The City Council will adjourn to an Adjourned Regular Meeting on Tuesday, March 22, 2016, at 5:00 p.m. in the Weimer Room for a Budget Study Session. The next Regular Council Meeting will be held Tuesday, April 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 March 8, 2016, 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 13