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CITY COUNCIL
AGENDA
Regular Meeting
April 12, 2016
4:30 p.m. Employee Recognition
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 pagers, 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.cit oy forange.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
April 12, 2016
4:30 P.M. EMPLOYEE RECOGNITION SESSION
1. ROLL CALL
PRESENT -
ABSENT -
2. ORAL COMMUNICATIONS
At this time, members of the public may address the Council on any Employee
Recognition session items only. Comments are limited to three minutes per person.
3. EMPLOYEE SERVICE AWARDS
4. RECESS
The City Council will recess to the Closed Session of the Regular Meeting held on
Tuesday, April 12, 2016, at 5:00 p.m. in the Council Chamber.
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CITY COUNCIL AGENDA
April 12, 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 Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9(a):
Case: Bofferding, et al. v. City of Orange, et al.
Orange County Superior Court Case No. 30- 2015- 00819178
b. Conference with Legal Counsel — Potential Litigation pursuant to Government
Code Section 54956.9(a):
Claim of Robert and Cheryl Dickey
4. ADJOURNMENT
The next Regular City Council Meeting will be held on Tuesday, April 12, 2016, at 6:00
p.m. in the Council Chamber.
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CITY COUNCIL AGENDA
April 12, 2016
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Dr. Orlando Barela, Household of Faith Family Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Michael Alvarez
1.3 ROLL CALL
PRESENT -
ABSENT -
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by the Friends of the Orange Public Library to the Orange Public Library
Presentation of Proclamation Declaring April 30, 2016, as Arbor Day
Presentation of a Proclamation for Donate Life Month
Presentation of a Retirement Resolution to Orange Chief of Police, Robert Gustafson
Memorial Adjournment for Retired Orange Police Lieutenant, Bob D. Green
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
April 12, 2016
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 March 3, 10, 17, 24, and 31, 2016.
RECOMMENDED ACTION: Approve.
3.2 City Council Minutes, Regular Meeting of March 8, 2016, and Adjourned Regular
Meeting of March 22, 2016.
RECOMMENDED ACTION: Approve.
3.3 Waive reading in full of all ordinances on the Agenda.
RECOMMENDED ACTION: Approve.
AGREEMENTS
3.4 Emergency Management Performance Grant (EMPG): Emergency Preparedness
fund allocation.
RECOMMENDED ACTION: 1) Approve the agreement between the City of Orange and
the Orange County Sheriff's Department Emergency Management Bureau in an amount
not to exceed $20,809 and authorize the City Manager to execute the agreement on behalf
of the City; 2) Accept into the City's revenue budget a $20,809 grant from the Orange
County Sheriff's Department Emergency Management Bureau, into revenue account
100.3021.45495.30084 (Other Grant Revenue -EMPG Grant 2015); and 3) Authorize the
appropriation of $20,809 into expenditure account 100.3021.50221.30084 (Overtime —
Safety -EMPG Grant 2015).
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CITY COUNCIL AGENDA
April 12, 2016
3. CONSENT CALENDAR (Continued)
3.5 Agreement with Raftelis Financial Consultants for the Preparation of the City's
Water Rate Study, in the amount of $56,997.
RECOMMENDED ACTION: Approve agreement and authorize the Mayor and City
Clerk to execute the agreement on behalf of the City.
3.6 Approve extension with N. Harris Computer Corporation for Utility Billing
Computer Software Maintenance for 1 (one) year, in the amount of $80,322.
RECOMMENDED ACTION: Approve agreement and authorize the Mayor and City
Clerk to execute the agreement on behalf of the City.
APPROPRIATIONS
3.7 Appropriation of Donation from the Friends of the Orange Public Library (FOPL)
of $29,450.
RECOMMENDED ACTION: 1) Accept into the City's revenue budget a $29,450 donation
into revenue account number 100.2001.48390.19990 (Library Friends Donations); and 2)
Appropriate the donation into the following expenditure accounts:
100.2001.53301.19990 — FOPL (Book Budget)
$18,350
100.2016.53340.19990 — FOPL (Craft supplies- Adult)
$500
100.2017.51670.19990 — FOPL (Other Professional & Consulting)
$2,100
100.2017.53340.19990 — FOPL (Craft supplies - Children & Teen)
$4,500
100.2017.55131.19990 — FOPL (Furniture, Machinery, Equip)
$4,000
$29,450
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CITY COUNCIL AGENDA
April 12, 2016
3. CONSENT CALENDAR (Continued)
3.8 Appropriation of Funds Received from State of California.
RECOMMENDED ACTION: Accept into the City's revenue budget a total
reimbursement of $185,875.88 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
Butte Fire
40114
$149,250.13
Gas uet Complex
40110
$36,625.75
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
Butte Fire
40114
$149,250.13
Gas uet Complex
40110
$36,625.75
BIDS
3.9 Bid No. 156 -35; Approval of plans and specifications, and authorization to advertise
for bids for Construction of the Arterial Pavement Management Projects: Katella
Avenue and Tustin Street Rehabilitation Projects.
RECOMMENDED ACTION: Approve plans and specifications and authorize advertising
for bids for the Katella Avenue and Tustin Street Rehabilitation Projects.
3.10 Bid No. 156 -39; Concrete Street Rehabilitation at Various Locations, Fiscal Year
2015 -16; and approval of plans and specifications and authorization to advertise for
bids.
RECOMMENDED ACTION: Approve plans and specifications and authorize advertising
for bids for the Concrete Street Rehabilitation at Various Locations, Fiscal Year 2015 -16
Project.
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CITY COUNCIL AGENDA
April 12, 2016
3. CONSENT CALENDAR (Continued)
3.11 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. Stephanie L. Garcia
b. CAM IX Trust LLC, a Delaware limited liability company
C. Manuel Villigan
d. Michael Pratt
e. Mark Delaney
RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and
Adjuster.
CONTRACTS
3.12 Award of Contract — Bid No. 156 -28; Community Development Block Grant (CDBG)
Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various
Locations Project, Fiscal Year 2015 -16 (FY16).
RECOMMENDED ACTION: 1) Reject the bid received from the first apparent low
bidder, C.J. Concrete Construction, Inc., a California Corporation, on the basis that the bid
was not responsive; 2) Reject the bid received from the second apparent low bidder, S &H
Civilworks, a California Corporation, on the basis that the bid was not responsive; and
3) Award the contract in the amount of $213,900 to EBS General Engineering, Inc. and
authorize the Mayor and City Clerk to execute the necessary documents on behalf of the
City.
3.13 Award of Contract — Bid No. 156 -30; Annual Pavement Maintenance at Various
Locations, Fiscal Year 2015 -2016.
RECOMMENDED ACTION: Award the contract in the amount of $3,584,220 to R.J.
Noble Company, and authorize the Mayor and City Clerk to execute the necessary
documents on behalf of the City.
3.14 Award of Contract — Bid No. 156 -26; Website Redesign, Development, Conversion,
and Implementation Services.
RECOMMENDED ACTION: 1) Approve a Master Services Agreement with CivicPlus
in the amount of $53,640 for the redesign, conversion, and implementation services
required to replace the City's website and authorize the Mayor and City Clerk to execute
on behalf of the City; and 2) Authorize the transfer of $70,000 from expenditure account
number 790.1601.56033.19640, "Computer Replacement Fund — Information Technology
Upgrades" to expenditure account number 790.1601.56033.20274, "Computer
Replacement Fund — Internet Website Upgrades."
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CITY COUNCIL AGENDA
April 12, 2016
3. CONSENT CALENDAR (Continued)
3.15 Final Acceptance of Bid No. 145 -34; Katella Avenue and Wanda Road Improvements
Project performed by All American Asphalt; 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 and Deposit Company of Maryland Bond No. 7644561 in the amount of
$754,326.00 to the contractor on said job, and authorize the Mayor and City Clerk to
execute the Notice of Completion.
3.16 Final Acceptance of Bid No. 145 -42; Fire Station Kitchen Improvements Project
performed by Frank Shariat General Engineering; 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
Indemnity Company of California, Bond No. 389484P in the amount of $95,220.00 to the
contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of
Completion.
3.17 Final Acceptance of Bid No. 145 -59; Orange Police Headquarters Walk -in
Cooler /Freezer Installation Project performed by Golden Sun Firm & Co., 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
Western Surety Company of South Dakota Bond No. 71592213 in the amount of
$117,450.00 to the contractor on said job, and authorize the Mayor and City Clerk to
execute the Notice of Completion.
3.18 Final Acceptance of Bid No. 156 -03; CDBG Fiscal Year 2014 -15 Street /Sewer
Improvements Project performed by All American Asphalt; 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 and Deposit Company of Maryland Bond No. 7646625 in the amount of
$559,027.00 to the contractor on said job, and authorize the Mayor and City Clerk to
execute the Notice of Completion.
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CITY COUNCIL AGENDA
April 12, 2016
3. CONSENT CALENDAR (Continued)
3.19 Final Acceptance of Bid No. 156 -27; OCIAC Security Cameras and Access Control
Installation performed by Convergint Technologies LLC; 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
RLI Insurance Company State of Illinois Bond No. CMS291272 in the amount of
$57,300.00 to the contractor on said job, and authorize he Mayor and City Clerk to execute
the Notice of Completion.
PURCHASES
3.20 Purchase of Emergency Roadside Assistance and Tires from Pete's Road Service on
a sole source basis.
RECOMMENDED ACTION: Approve the expenditure of $60,000 to Pete's Road Service.
3.21 Purchase Firefighter Turnout Safety Gear and Additional Fire Department
Equipment from L.N. Curtis & Sons.
RECOMMENDED ACTION: Authorize the purchase of firefighter turnout safety gear
and equipment from L.N. Curtis & Sons for a total of $110,000 in Fiscal Year 2016 -17.
RESOLUTIONS
3.22 RESOLUTION NO. 10926
A Resolution of the City Council of the City of Orange authorizing an application for funds
for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local
Transportation Ordinance No. 3 for installation of a Bio Clean Hydrodynamic Separator
Unit and Connector Pipe Screens.
RECOMMENDED ACTION: 1) Approve Resolution No. 10926, and authorize the Mayor
to execute on behalf of the City; and 2) Approve the submittal of one application for a Bio
Clean Hydrodynamic Separator Unit and Connector Pipe Screens for the Environmental
Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance
No. 3.
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CITY COUNCIL AGENDA
April 12, 2016
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 10928
A Resolution of the City Council of the City of Orange authorizing the City Manager to
Lease Certain City Properties on a Periodic Basis.
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
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CITY COUNCIL AGENDA
April 12, 2016
7. ADMINISTRATIVE REPORTS
7.1 Consider a request to remove Santa Maria Street from the permit parking program
Area "R."
Recommended Council Action:
RESOLUTION NO. 10927
A Resolution of the City Council of the City of Orange Rescinding Resolution No. 10802,
and Adopting a Revised Master Resolution of Permit Parking Areas within the City of
Orange.
MOTION -
SECOND -
AYES -
8. REPORTS FROM CITY MANAGER
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 03 -16A (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
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CITY COUNCIL AGENDA
April 12, 2016
11. PUBLIC HEARINGS
11.1 Fiscal Year 2016 -17 Community Development Block Grant (CDBG) Program; and
HOME Investment Partnerships Act (HOME) Program.
Time set for a public hearing to consider allocation of CDBG funds; and allocation of
HOME funds for affordable housing projects.
The City receives annual CDBG allocations from the U.S. Department of Housing and
Urban Development (HUD). Staff has conducted the FY 2016 -17 CDBG funding process
in conjunction with the CDBG Program Committee. The City's FY 2016 -17 CDBG
entitlement amount is $1,181,714.
The City receives annual HOME grants from the U.S. Department of Housing and Urban
Development (HUD). The City's FY 2016 -17 HOME grant will be $324,502. The
allocation of funds for proposed projects would be subject to City Council approval.
Staff Report / Council Questions
Open Public Hearing / Public Comments / Close Public Hearing
Council Comments / Council Action
CDBG Program
1) Approve the funding recommendations of the CDBG Program Committee for the
City's FY 2016 -17 CDBG Program;
2) Authorize staff to request and receive its FY 2016 -17 CDBG entitlement in the amount
of $1,181,714 from HUD; and
3) Authorize the City Manager or his designee to execute FY 2016 -17 CDBG Program
Memoranda of Understanding with City Departments, Subrecipient Agreements with
nonprofit agencies, and all related CDBG Program documents.
MOTION -
SECOND -
AYES -
HOME Program
1) Authorize staff to request and receive its FY 2016 -17 HOME grant in the amount of
$324,502 from HUD; and
2) Authorize the City Manager or his designee to execute the FY 2016 -17 HOME Program
Grant Agreement and all related documents on behalf of the City.
MOTION -
SECOND -
AYES -
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CITY COUNCIL AGENDA
April 12, 2016
11. PUBLIC HEARINGS (Continued)
11.2 Streamlining Ordinance.
Time set for a public hearing to consider Streamlining of City Review Process for
Instructional Uses, Providing Updated Standards for the Development of Senior Housing
in Commercial Zones, Eliminating Reference to Mixed Use Developments in Commercial
Zones, and Addressing General Office, Medical Office, and Privately Operated Residential
Uses in the Public Institution Zone.
Staff Report / Council Questions
Open Public Hearing / Public Comments / Close Public Hearing
Council Comments / Council Action
Recommended Council Action
1) Find the Ordinance categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305; and
2) ORDINANCE 05 -16 (FIRST READING)
An Ordinance of the City Council of the City Of Orange Amending Title 17 of the Orange
Municipal Code to Define and Streamline the Review Process for Instructional Uses,
Providing Updated Standards for the Development of Senior Housing in Commercial
Zones, Eliminating Reference to Mixed Use Developments in Commercial Zones, and
Addressing General Office, Medical Office, and Privately Operated Residential Uses in the
Public Institution Zone.
MOTION -
SECOND -
AYES -
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CITY COUNCIL AGENDA
April 12, 2016
11. PUBLIC HEARINGS (Continued)
11.3 Security Ordinance.
Time set for a public hearing to consider updating the City's site planning and building
security standards to reflect current Police Department practices, and modern -day crime
prevention strategies related to the physical design of development sites and recreational
facilities.
NOTE: Item will be removed from the Agenda at the dais.
MOTION -
SECOND -
AYES -
12. ADJOURNMENT
The City Council will adjourn in memory of Retired Orange Police Lieutenant, Bob D.
Green. The next Adjourned Regular Meeting will be held on Tuesday May 10, 2016 at
4:00 in the Weimer Room for a Budget Study Session. The next Regular City Council
Meeting will be held on Tuesday, May 10, 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 April 12, 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.
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