Council Agenda 03-13-2018Of
.• •. CITY COUNCIL
AGENDA
Regular Meeting
March 13, 2018
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
Councilmember
Wayne W. Winthers Rick Otto
City Attorney City Manager
KIMBERLEE NICHOLS
Councilmember
Mary E. Murphy
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 agenized 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
enteringthe 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 13, 2018
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 Real Property Negotiator — Real property negotiations pursuant to
Government Code Section 54956.8:
Property: SE Corner Tustin St. / Meats Ave. right-of-way purchase
City Negotiator: Rick Otto, City Manager
Under Negotiation: Right -of -Way Purchase
b. Conference with Legal Counsel — Pending Litigation pursuant to Government Code
Section 54956.9(a) & (d)(1),
Case: Orange County Catholic Worker, et. al. v. County of Orange, et. al.
USDC Case No. 8:18-cv-00155
4. ADJOURNMENT
The next Regular City Council Meeting will be held on Tuesday, March 13, 2018, at 6:00
p.m. in the Council Chamber.
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CITY COUNCIL AGENDA
March 13, 2018
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
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
2017 Partner Recognition
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
March 13, 2018
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 February 8, February 16, February 22, and
March 2, 2018.
RECOMMENDED ACTION: Approve.
3.2 City Council Minutes, Regular Meeting of February 13, 2018.
RECOMMENDED ACTION: Approve.
3.3 Waive reading in full of all ordinances on the Agenda.
RECOMMENDED ACTION: Approve.
3.4 Investment Oversight Committee Report for the period ending February 28, 2018.
RECOMMENDED ACTION: Receive and file.
3.5 First Amendment to agreement with Converse Professional Group for Geotechnical
Observation and Testing Services for the Shaffer Park Renovation Project.
RECOMMENDED ACTION: Approve first amendment to agreement with Converse
Professional Group for an amount not -to -exceed $30,830 and authorize the Mayor and City
Clerk to execute on behalf of the City.
3.6 Approval of Microsoft Enterprise Agreement for software licenses for all City
computers and servers.
RECOMMENDED ACTION: 1) Approve the Microsoft Enterprise Agreement to purchase
software licenses in the amount of $863,816.76; and 2) Authorize the Mayor and City Clerk
to execute the Enterprise Agreement with Microsoft.
3.7 First Amendment to Attorney Services Agreement with the law firm of Liebert
Cassidy and Whitmore to provide legal services relating to personnel matters.
RECOMMENDED ACTION: Approve and authorize the Mayor and City Clerk to execute
the First Amendment to the Attorney Services Agreement with Liebert Cassidy and
Whitmore.
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CITY COUNCIL AGENDA
March 13, 2018
3. CONSENT CALENDAR (Continued)
3.8 Award of Consultant Services Agreement for the preparation of plans, specifications,
and estimates for the Katella Avenue and Struck Avenue Intersection Improvements.
RECOMMENDED ACTION: 1) Authorize the appropriation of $55,000 from 284 TSIP
unreserved fund balances to expenditure account number 284.5032.56100.20377; and
2) Award the contract to Stantec Consulting Services, Inc., in the amount of $29,859.00,
and authorize the Mayor and City Clerk to execute on behalf of the City.
3.9 Appropriation of $27,307.30 in revenue for Community Garden plot leases, sports
field maintenance and renovation, and sponsorship donations.
RECOMMENDED ACTION: 1) Authorize the appropriation of $3,519 from revenue
account 100.7001.44210.20227 (Garden Plots) to expenditure account number
100.7001.51700.20227 (Garden Plots); 2) Authorize the appropriation of $17,788.30 from
revenue account 100.7022.42480.00000 (User Group Maintenance Fees) to
100.7022.51700.00000 (Contractual Services); and 3) Authorize the appropriation of
$6,000 from revenue account 100.7015.48390.20368 (Special Event Donations) to
expenditure account number 100.7015.53380.20368 (Special Event — Supplies).
3.10 Appropriation of funds to the existing CIP project to perform restoration and surface
coating of the historic cast iron fountain located at the Orange Public Library &
History Center.
RECOMMENDED ACTION: Authorize the appropriation of $5,621 from the Library
Facilities Fees (Fund 573) unreserved fund balance to account number
573.2001.56020.20295, Library Fountain Library Facilities Fees.
3.11 Approval of plans and specifications for Cambridge Storm Drain and Street
Improvements, FY 2017-18, Bid No. 178-32; and authorization to advertise for bids.
RECOMMENDED ACTION: 1) Appropriate $541,480 from account number
220.5011.56200.15508 (Sanitation & Sewer) to 220.5011.56340.20323; and 2) Approve
plans and specifications and authorize advertisement for bids for Cambridge Storm Drain
and Street Improvements.
3.12 Approval of plans and specifications for Street Improvements on Palmyra Avenue
and Sewer Improvements on Palmyra Avenue and Waverly Street, FY 2017-18, Bid
No. 178-31; and authorization to advertise for bids.
RECOMMENDED ACTION: 1) Appropriate $600,000 from Fund 520 unreserved fund
balance to account number 520.5011.56200.15508 (Sewer Line Maintenance
Replacement); and 2) Approve plans and specifications and authorize advertisement for
bids for the Street Improvements on Palmyra Avenue and Sewer Improvements on Palmyra
Avenue and Waverly Street.
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CITY COUNCIL AGENDA
March 13, 2018
3. CONSENT CALENDAR (Continued)
3.13 Approval of plans and specifications for Annual Slurry Seal at Various Locations,
Fiscal Year 2017-18, Bid No. 178-30; and authorization to advertise for bids.
RECOMMENDED ACTION: Approve plans and specifications and authorize advertising
for bids for the Annual Slurry Seal at Various Locations, Fiscal Year 2017-18.
3.14 Approval of plans and specifications for Annual Pavement Maintenance at Various
Locations, Fiscal Year 2017-18, Bid No. 178-29; and authorization to advertise for
bids.
RECOMMENDED ACTION: Approve plans and specifications and authorize advertising
for bids for the Annual Pavement Maintenance Project at Various Locations, FY 2017-
2018.
3.15 Approval of plans and specifications for Senate Bill (SB) 1 Street Improvements, FY
2017-18, Bid No. 178-33; and authorization to advertise for bids.
RECOMMENDED ACTION: Approve plans and specifications and authorize
advertisement for bids for the SB-1 Street Improvements, FY 2017-18.
3.16 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. Mark Dawson
RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and
Claims Adjuster.
3.17 Award of Consultant Services Agreement to Kimley-Horn and Associates, Inc. for
preparing plans, specifications, and estimates for Traffic Engineering Services on
Glassell Street at Meats Avenue Left Turn Signal Modifications and Glassell Street
at Collins Avenue Left Turn Signal Modifications.
RECOMMENDED ACTION: Award the contract in the amount of $56,567 to Kimley-
Horn and Associates, Inc. and authorize the Mayor and City Clerk to execute on behalf of
the City.
3.18 Final Acceptance of Bid No.178-06; Katella Avenue Sidewalk Improvements, 450 feet
w/o Struck Avenue to Stadium Promenade; and authorization to file the Notice of
Completion with the County Recorder.
RECOMMENDED ACTION: Accept the Katella Avenue Sidewalk improvement project
as complete, and authorize the Mayor and City Clerk to execute the Notice of Completion.
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CITY COUNCIL AGENDA
March 13, 2018
3. CONSENT CALENDAR (Continued)
3.19 Award of Contract for Community Development Block Grant (CDBG) Americans
with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations Project
(FY18), Bid No. 178-20.
RECOMMENDED ACTION: 1) Reject the bid received from the apparent low bidder, C.J.
Concrete Construction, Inc., a California Corporation, on the basis that the bid was not
responsive; and 2) Award the contract to Vido Samarzich, Inc. in an amount not -to -exceed
$204,300, and authorize the Mayor and City Clerk to execute on behalf of the City.
3.20 Approval of "NO FEE" parking permits in Municipal Parking Lot No. 2 on South
Orange Street for the Assistance League of Orange (ten permits) and the First United
Methodist Church (two permits).
RECOMMENDED ACTION: Approve the request and issue the parking permits to be
valid from July 1, 2018, through December 31, 2018; and also from January 1 2019,
through June 30, 2019.
3.21 Authorization of payment to Valverde Construction, Inc. for the repair of existing
18" cement coated steel pipe on Heim Avenue.
RECOMMENDED ACTION: Authorize the payment of $34,976 for the repairs of the
existing 18" cement coated steel pipe
3.22 Purchase of tires and emergency roadside assistance from Pete's Road Service, Inc.
on a sole source basis.
RECOMMENDED ACTION: Authorize the expenditure of $60,000 to Pete's Road
Service, Inc.
3.23 Purchase of Cylance anti -virus software for a three-year term from Sidepath, Inc.
RECOMMENDED ACTION: Approve the purchase of Cylance anti -virus software for
three years from Sidepath, Inc. in the amount of $92,132.26.
3.24 Purchase of five Dell R740 servers from Sidepath, Inc.
RECOMMENDED ACTION: 1) Approve the purchase of five Dell R740 servers from
Sidepath, Inc. in the amount of $139,342.08; and 2) Authorize the appropriation of $17,900
from Information Technology (790) unreserved fund balance to account number
790.1601.56033.20289 (GIS Server).
3.25 City Traffic Commission Activity Report for 2017.
RECOMMENDED ACTION: Receive and file.
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CITY COUNCIL AGENDA
March 13, 2018
3. CONSENT CALENDAR (Continued)
3.26 Memorandum of Understanding between the City of Orange and the Orange
Municipal Employees' Association (OMEA) effective July 1, 2017, to December 31,
2019. Resolution No. 11057.
A Resolution of the City Council of the City of Orange establishing a Memorandum of
Understanding between the City of Orange and the Orange Municipal Employees'
Association (OMEA) effective July 1, 2017, to December 31, 2019.
RECOMMENDED ACTION: Approve Resolution No. 11057.
3.27 Authorization for temporarily closing portions of Public Streets for approved Special
Events. Resolution No. 11068.
A Resolution of the City Council of the City of Orange temporarily closing sections of
Public Streets for approved Special Events.
RECOMMENDED ACTION: Approve Resolution No. 11068 approving the closure of
public streets during the times of approved special events; and approve closure of
municipal parking lots and temporary suspension of neighborhood permit parking
restrictions for certain events and dates occurring in the Fiscal Year 2018-19.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
4.1 Consider Adjustment of Local Old Towne Orange Historic District Boundary.
4.2 Consider Re -zoning of the Nutwood Tract Properties to Single Family.
5. REPORTS FROM COUNCILMEMBERS
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Appointment to the Library Board of Trustees.
RECOMMENDED ACTION: Appoint new member.
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CITY COUNCIL AGENDA
March 13, 2018
6.2 Report from City Council Ad Hoc Committees related to Homelessness:
• Community Communications
• Cities and Non-profit Collaboration
• County Engagement
7. ADMINISTRATIVE REPORTS
7.1 Award of Contract for Council Chamber A/V Presentation System Upgrade to
Western A/V, Inc., RFP 178-24.
RECOMMENDED ACTION: 1) Authorize the appropriation of $312,000 from the 1 %
PEG Program Fund (Fund 130) unreserved fund balance to account number
130.1601.56032.20128, Council Chamber Remodel; and 2) Award the contract in the
amount of $350,463.34 to Western AN, Inc. and authorize the Mayor and City Clerk to
execute on behalf of the City.
7.2 Award of Contract for Council Chamber Remodel Project Construction to Marjani
Builders, Inc., Bid No 178-22.
RECOMMENDED ACTION: 1) Authorize the appropriation of $150,000 from the 1 %
PEG Program Fund (Fund 130) unreserved fund balance to account number
130.1601.56032.20128 (Council Chamber Remodel); and 2) Award the contract in the
amount of $405,882 to Marjani Builders, Inc., and authorize the Mayor and City Clerk to
execute on behalf of the City.
7.3 An amendment to the Southwest Project Area Design Standards for the purposes of
eliminating content related to the Old Towne Orange Thematic District. Resolution
No. 11071.
A Resolution of the City Council of the City of Orange amending the design standards for
the Southwest Project Area to remove content related to the Old Towne Thematic District.
RECOMMENDED ACTION: Approve Resolution No. 11071.
8. REPORTS FROM CITY MANAGER
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CITY COUNCIL AGENDA
March 13, 2018
9. LEGAL AFFAIRS
9.1 Ordinance amending Section 17.08.040 of the Orange Municipal Code to Establish
Notification Requirements for Design Review Projects involving Construction of
Second Stories or Additional Units on Properties in Residential Zones within the
Boundaries of an Established Historic District. Ordinance No. 02-18 (Second
Reading).
An Ordinance of the City Council of the City of Orange amending Section 17.08.040 of
the Orange Municipal Code to Establish Notification Requirements for Design Review
Projects involving Construction of Second Stories or Additional Units on Properties in
Residential Zones within the Boundaries of an Established Historic District.
RECOMMENDED ACTION: Adopt Ordinance No. 02-18.
9.2 Ordinance Amending Chapter 12.32 of the Orange Municipal Code regarding tree
preservation. Ordinance No. 04-18 (Second Reading).
An Ordinance of the City Council of the City of Orange amending Chapter 12.32 of the
Orange Municipal Code regarding tree preservation.
RECOMMENDED ACTION: Adopt Ordinance No. 04-18.
9.3 Ordinance amending the City's contract with Ca1PERS to provide Section 21574
benefits to local safety members. Ordinance No. 05-18 (Second Reading).
An Ordinance of the City Council of the City of Orange amending the City's retirement
contract with CalPERS to provide Section 21574 (Fourth Level of 1959 Survivor Benefits)
to local safety members.
RECOMMENDED ACTION: Adopt Ordinance No. 05-18.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 Amendments to the City of Orange 2015 Urban Water Management Plan (UWMP).
Time set for a public hearing to consider adopting amendments to the City's 2015 UWMP.
Recommended Council Action:
Resolution No. 11067
A Resolution of the City Council of the City of Orange adopting the amendments to the
2015 UWMP.
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CITY COUNCIL AGENDA
March 13, 2018
11. PUBLIC HEARINGS (Continued)
11.2 An Ordinance amending Chapter 15.52 (Building Security Standards) of the Orange
Municipal Code and adoption of Building Security Guidelines.
Time set for a public hearing to consider amending Chapter 15.52 of the Orange Municipal
Code (Building Security Standards). The City's Building Security Standards Ordinance
was originally adopted in 1979 and has not been substantially updated since. The proposed
Ordinance modifies definitions, clarifies security hardware and lighting specifications and
establishes a companion document, Security Guidelines, outlining crime prevention
considerations in the design phase of building new development as described in the 2010
General Plan Public Safety Element.
Recommended Council Action:
Ordinance No. 06-18 (First Reading)
An Ordinance of the City Council of the City of Orange amending Chapter 15.52 of the
Orange Municipal Code to update the City's Building Security Standards to reflect current
Police Department practices, and modern-day crime prevention strategies related to the
physical design of development sites.
Resolution No. 11069
A Resolution of the City Council of the City of Orange establishing building security
guidelines outlining crime prevention considerations and recommendations for the design
of new development.
12. ADJOURNMENT
The City Council will adjourn to an Adjourned Regular Meeting on Tuesday, March 27,
2018, at 5:00 p.m. in the Weimer Room for a Budget Study Session. The next Regular
City Council Meeting will be held on Tuesday, April 10, 2018, at 6:00 p.m. in the El
Modena Library, 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 13, 2018, 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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