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Regular Meeting
December 13, 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 FRED M. WHITAKER
Mayor pro tem Councilmember
MICHAEL ALVAREZ KIMBERLEE NICHOLS
Councilmember Councilmember
Wayne W. Winthers Rick Otto Mary E. Murphy
City Attorney City Manager City Clerk
In compliance with Section 202 ofthe 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. ar 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 pa�ers cellular telephones and any other communication devices are to be turned off upon
enterin thg e CitYCouncil 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 Channel3 and AT&T U-
verse Channel 99 and streamed live and on-demand on the City's website at
www.citvoforange.or�.
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 13, 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 549569(a)
Case: Herco v. City of Orange
Orange County Superior Court Case No. 30-2015-00786608
b. Conference with Real Property Negotiator—Real property negotiations pursuant to
Government Code Section 54956.8:
Property: APN 232-061-10 (portion)
City Negotiator: Rick Otto, City Manager
Negotiating Parties: City of Orange and Chapman University
Under Negotiation: Sale of Vacant Land
4. ADJOURNMENT
The next Regular City Council Meeting will be held on Tuesday, December 13, 2016, at
6:00 p.m. in the Council Chamber.
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CITY COUNCIL AGENDA
December 13, 2016
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Father Neil Edlin, St. Mary Magdalene Anglican Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Kimberlee Nichols
1.3 ROLL CALL
PRESENT -
ABSENT -
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS
Proclamation honaring Design Review Committee Vice-Chair Craig Wheeler
Resolution honoring Senior Library Clerk Liz Demara for 38 years of service
Resolution honoring Administrative Assistant Linda Young for 17 years of service
Memorial Adjournment for Everett Caldwell of Mr. C's Rare Records
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
December 13, 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 November 3, November 10, November 17,
November 23, December l, and December 8,2016.
RECOMMENDED ACTION: Approve.
3.2 City Council Minutes, Special Meeting of November 9,2016.
RECOMMENDED ACTION: Approve.
3.3 Waive reading in full of all ordinances on the Agenda.
RECOMMENDED ACTION: Approve.
3.4 Submittal of Annual Financial Reports for Development Impact Fees for Fiscal Year
2015-16.
RECOMMENDED ACTION: Receive and file.
AGREEMENTS
3.5 Second Amendment to Attorney Services Agreement with the law firm of Kutak Rock
LLP to provide for an additional $125,000 for legal services related to litigation
defense for a total amount not to exceed $375,000.
RECOMMENDED ACTION: Approve and authorize the Mayor and City Clerk to execute
the Second Amendment to Attorney Services Agreement with Kutak Rock LLP.
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CITY COUNCIL AGENDA
December 13, 2016
3. CONSENT CALENDAR(Continued)
3.6 Amendment Number 1 to Consultant Services Agreement No. 6344 with KOA
Corporation for additional Engineering Design Services for the Fire Station 2 Street
Improvements.
RECOMMENDED ACTION: Approve Amendment Number 1 to the existing KOA
Corporation, Consultant Services Agreement and increase the contract amount by$21,018
and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City.
3.7 Contract Change Order No. 1 for Agreement 3217 with TriTech Software Solutions
(TriTech).
RECOMMENDED ACTION: 1)Approve Amendment No. 1 to Agreement 3217 between
the City of Orange and TriTech in an amount not to exceed $57,946; 2) Authorize the
Mayor and the City Clerk to execute the Amendment on behalf of the City; and
3) Authorize the appropriation of$57,946 from (355) Federal Asset Forfeiture unreserved
fund balance to expenditure account number 355.4011.55131.00000, Federal Asset
Forfeiture, Equipment.
3.8 Consultant Services Agreement between the City of Orange and Code Consulting
Group, LLC, for Fire Department Plan Review Services for Fiscal Year 2016-17.
RECOMMENDED ACTION: 1)Approve the First Amendment to the agreement between
the City of Orange and Code Consulting Group, LLC in an amount not-to-exceed$80,000;
and 2)Authorize the Mayor and City Clerk to execute the agreement on behalf of the City.
APPROPRIATIONS
3.9 A request to appropriate unreserved fund balance for Building Division plan check
services.
RECOMMENDED ACTION: Appropriate $30,000 from unreserved fund balance of the
General Fund (Fund 100) to the Permit Services Other Professional and Consulting
Services account(100.6034.51670.00000).
3.10 A request to appropriate $4,970 from the State Asset Forfeiture unreserved fund
balance for the reconfiguration of an interview room.
RECOMMENDED ACTION: Authorize the appropriation of $4,970 from (357) State
Asset Forfeiture unreserved fund balance to expenditure account number
357.4011.51401.00000, State Asset Forfeiture, Building Repairs.
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CITY COUNCIL AGENDA
December 13, 2016
3. CONSENT CALENDAR(Continued)
3.11 A request to appropriate $29,980 from the State Asset Forfeiture unreserved fund
balance for the purchase of ballistic glass from KTM Enterprises.
RECOMMENDED ACTION: Authorize the appropriation of $29,980 from (357) State
Asset Forfeiture unreserved fund balance to expenditure account number
357.4011.55131.00000, State Asset Forfeiture, Equipment.
3.12 Appropriation of funds received from State of California Office of Emergency
Services.
RECOMMENDED ACTION: 1) Accept into the City's revenue budget a total
reimbursement of $40,935.47 in reimbursement payments into account number
100.3021.48212—Reimbursement from OES, within the following project numbers: Deer
Fire, Project Account 40129, Revenue Amount $40,935.47; and 2) Authorize the
appropriation into expenditure account number 100.3021.50221 —Overtime Safety,within
the project numbers and amounts as follows: Deer Fire, Project Account 40129,
Expenditure Amount $40,935.47.
3.13 CLAIMS
The following claim(s) have been received and investigated by the City Attorney's Office
and/or the Risk Manager. After a tharough investigation with the involved departments, it
is the recommendation of the City Attorney's Office that the claim(s) be denied.
a. Jaime Rieckhof
b. So Cal Gas, a Sempra Energy Utility 9-9-16 Incident
c. Kristi L. Nila
d. Omar Cruz Pineda
e. Cindy Ngoc Do
£ Shelly Bernal
g. Torrie Lang
RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and
Adjuster.
CONTRACTS
3.14 Award of Contract for Bid No. 167-12; Washington Ave., Almond Ave., & Palmyra
Ave. Street Rehabilitation Project.
RECOMMENDED ACTION: Award the contract in the amount of$675,763.50 to All
American Asphalt of Corona,California and authorize the Mayor and City Clerk to execute
on behalf of the City.
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CITY COUNCIL AGENDA
December 13, 2016
3. CONSENT CALENDAR(Continued)
3.15 Final Acceptance of Bid No. 156-35; Katella Avenue and Tustin Street Rehabilitation
Project 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 South Dakota, Bond No. 58736695 in the amount of
$2,084,903.50 to the contractor on said job, and authorize the Mayor and City Clerk to
execute the Notice of Completion.
3.16 Award of Contract for Bid No. 167-15 for the Water Division Antenna Tower
Installation Project (W-679).
RECOMMENDED ACTION: Award contract in the amount of $137,303 to Tashjian
Tower Corporation; and authorize the Mayor and City Clerk to execute the necessary
documents on behalf of the City.
PURCHASES
317 Authorize the purchase and installation of a RYPOS Active Regenerative Diesel
Particulate Filter System for the emergency generator at Marywood Pump Station.
RECOMMENDED ACTION: Award contract in the amount of $59,659 to Bay City
Electric Works and authorize the Mayor and City Clerk to execute the necessary documents
on behalf of the City.
3.18 Purchase of eleven miscellaneous service vehicles from Ford of Orange for five
different City Departments in the amount of$347,441.
RECOMMENDED ACTION: 1)Authorize the purchase of two C-Max Hybrids,two Ford
Explorers, one Ford Escape, three half-ton service trucks, two 1-ton service body trucks
and one cab-chassis vehicle from Ford of Orange for the amount of $347,441; and 2)
Authorize the City Manager to surplus the replaced vehicles.
3.19 Purchase of Network Core Switch for Civic Center through a Cooperative Agreement
from Sidepath,Inc. of Laguna Hills, California.
RECOMMENDED ACTION: Authorize the purchase of Brocade network core switch
through a cooperative agreement from Sidepath, Inc. of Laguna Hills, California, in the
amount of$57,045.90.
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CITY COUNCIL AGENDA
December 13, 2016
3. CONSENT CALENDAR(Continued)
RESOLUTIONS
3.20 Honoring the retirement of Linda Young. Resolution No. 10987.
A Resolution of the City Council of the City of Orange expressing appreciation to Linda
Young and commending her for over 17 years of loyal and dedicated public service.
RECOMMENDED ACTION: Approve
3.21 Honoring the retirement of Liz Demara. Resolution No. 10988.
A Resolution of the City Council of the City of Orange expressing appreciation to Elizabeth
Demara for 38 years of service to the City of Orange and the Orange Public Library.
RECOMMENDED ACTION: Approve
REPORTS
3.22 Development of Design Guidelines in conjunction with Eichler Tract Historic District
Designation.
RECOMMENDED ACTION: Direct staff to engage a qualified historic preservation
consultant to develop design guidelines for preservation of the Eichler Tracts.
SURPLUSPROPERTY
3.23 Approve the sale of surplus property at 2935 E.Walnut Avenue to GS Home Services.
RECOMMENDED ACTION: Approve the sale of surplus property at 2935 E. Walnut
Avenue to GS Home Services; and authorize the Mayor and City Clerk to execute grant
deed and related escrow documents.
3.24 Approve the sale of surplus property (APN 232-061-10 portion o� located adjacent
to Panther Village at 3101 W. Chapman Avenue for $6,500,000; and authorize the
Mayor and City Clerk to execute a Purchase and Sale Agreement,as well as any grant
deed and related escrow documents.
RECOMMENDED ACTION:Approve the sale of surplus property identified as APN 232-
061-10 (portion o fl to Chapman University in the amount of$6.5 million; and authorize
the Mayor and City Clerk to execute a Purchase and Sale Agreement, as well as,grant deed
and related escrow documents.
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CITY COUNCIL AGENDA
December 13, 2016
3. CONSENT CALENDAR(Continued)
TRACT MAP
3.25 Final Map for Tract 17758 located at 2025 N. Orange-Olive Road.
RECOMMENDED ACTION: Approve Final Map for Tract 17758 and accept dedication
of street right-of-ways and public utility easements as shown on the Final Map.
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 Agreement between the City of Orange and Morillo Construction, Inc. for the
DesignBuild of the Shaffer Park Renovation Project, for an amount not-to-exceed
$6,300,000.
RECOMMENDED ACTION: Approve agreement with Morillo Construction, Inc. and
authorize the Mayor and City Clerk to execute on behalf of the City.
7.2 Yorba Park Renovation Project.
RECOMMENDED ACTION: 1) Approve and adopt the Addendum to previously-
approved MND No. ENV 1674-01; 2) Authorize the transfer of $765,260 from the
unreserved fund balance of the General Fund to the Capital Projects Fund (500);
3)Authorize the appropriation of$765,260 from the unreserved fund balance of the Capital
Projects Fund (500) to account 500.5011.56020.20135; and 4) Accept the bid withdraw
request from the apparent low bidder, El Camino Asphalt Paving Corp., and award the
contract for Bid No. 167-05, SP-3960, Yorba Park Grading Project in the amount not to
exceed $424,732 to the next lowest responsible bidder, C.H.I. Construction, and authorize
the Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL AGENDA
December 13, 2016
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Orange County 800 Megahertz Countywide Coordinated Communication System
(CCCS) required Public Safety equipment purchase.
RECOMMENDED ACTION: 1) Approve the purchase of Public Safety radio equipment
in the amount of$3,500,118.76 from Motorola Solutions, Inc. (Motorola); and 2)Approve
the attached Lease Agreement with Motorola with quarterly payments of$119,647.26 for
seven years (28 total payments) for the acquisition of previously approved mobile radio
equipment related to 800 Megahertz (MHz) CCCS. 3. Authorize the Finance Director to
take such actions as are necessary, advisable, or required to implement and administer
Lease.4.Authorize the appropriation of$400,000 from the Proposition 172 Sales Tax Fund
(120) unreserved fund balance to expenditure account 120.0201.5651020223.
8. REPORTS FROM CITY MANAGER
9. LEGAL AFFAIRS
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 Adopting Chapter 15.33 Hazardous Materials to the Orange Municipal Code.
Time set for a public hearing to consider Adopting Chapter 15.33 to the Orange Municipal
Code.
Staff Report/Council Questions
Open Hearing/Public Comments/ Close Hearing
Council Comments/Council Action
Recommended Council Action
ORDINANCE NO. 11-16 (First Reading)
An Ordinance of the City Council of the City of Orange amending and restating Chapter
15.33 of the Orange Municipal Code relating to hazardous materials.
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CITY COUNCIL AGENDA
December 13, 2016
ll. PUBLIC HEARINGS (Continued)
11.2 Appeal No. 0546-16. An appeal of the Planning Commission decision to deny Design
Review (DRC) No. 4782-16 and Minor Site Plan (MNSP) No. 0872-16 for the Hoike
Residences at 730 W. Palm Avenue in the Old Towne Historic District.
Time set for a public hearing to consider Appeal No. 0546-16.
Staff Report/Council Questions
Open Hearing/Public Comments/Close Hearing
Council Comments/Council Action
Recommended Council Action:
Motion on Appeal No 546-16.
12. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
13. ADJOURNMENT
The City Council will adjourn in memory of Everett Caldwell of Mr. C's Rare Records.
The next Regular City Council Meeting will be held on Tuesday,January 10, 2017, at 4:30
p.m. for an employee recognition, then 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 13,2016, 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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