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Council Minutes 08/09/16APPROVED BY THE CITY COUNCIL ON SEPTEMBER 13, 2016 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES AUGUST 9, 2016 The City Council of the City of Orange, California convened on August 9, 2016, at 6:01 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 6:00 P.M. SESSION 1. OPENING This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:01 p.m. 1.1 INVOCATION Given by City of Orange Public Works Administrative Manager Greg Warren. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred M. Whitaker. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Smith announced that Wednesday, August 10 was the final concert in the Concerts in the Park series at the Hart Park Band Shell. In addition, band shell bricks are still available for purchase through the Community Services Department. Councilmember Nichols announced a list of summer programs and events taking place at the Orange Public Library. Introduction of Orange Canyon Softball's IOU Gold All -Star Team. Mayor Smith announced that this Item was continued to the September 13, 2016, City Council meeting. Presentation of a Retirement Resolution for Victor Uribe for over forty years of dedicated service. Presentation of a Retirement Resolution for Paul Hamilton for over thirty years of dedicated service. Memorial Adjournment for Gloria Turner. CITY COUNCIL MINUTES 2. 3. 3.1 3.2 3.3 PUBLIC COMMENTS AUGUST 9, 2016 Adam Duberstein, Respect Orange — reported that a "Welcome to the Neighborhood" flyer will be distributed throughout the community for the returning Chapman students. Steve Lichten — spoke about the use of illegal fireworks in the community, and thanked the Orange Police Department for taking the time to talk to the residents in his neighborhood. Paul Ninefeldt — announced the dates for the upcoming Alzheimer's walk (Walk4ALZ) in Orange County. Ben Rejniak — invited the City Council and the community to attend a Town Hall Meeting on Natural Disaster Preparedness being hosted by U.S. Representative Mimi Walters on August 11, 2016. Laura Jones, Belmont Homeowners Association — spoke about the need for street repairs in the Belmont development, and submitted copies of requests from the neighborhood residents and photos of the repairs needed. 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 July 5, July 7, July 14, July 19, July 21, and July 26, 2016. (C2500.J.1.7) ACTION: Approved. City Council Minutes, Regular Meeting of July 12, 2016. (C2500.D.4) NOTE: Councilmember Nichols recorded an abstention due to her absence at the July 12, 2016, meeting. ACTION: Approved. Waive reading in full of all ordinances on the Agenda. ACTION: Approved. PAGE 2 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) AUGUST 9, 2016 3.4 Treasurer's Reports for the months of April, May, and June 2016. (C2500.F) ACTION: Received and filed. AGREEMENTS 3.5 Agreement with California Waters Development, Inc. (California Waters) for ongoing maintenance of City Fountains for a four -year Aggregate amount not to exceed $70,317. (A2100.0; AGR -6373) ACTION: Approved agreement with California Waters Development Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. (ITEM REMOVED AND HEARD SEPARATELY) 3.6 Appropriation of $123,584 from General Fund Unreserved Fund Balance and Award of four -year Agreement for Landscape Maintenance of City Parks and Recreation Trails, Proposal No. 156 -37, to Merchants Landscape, Inc. in the aggregate not -to- exceed amount of $2,993,600. A2100.0; AGR -6375) City Manager Rick Otto clarified that this was a four -year agreement for landscape services for 20 of the City's improved parks including Santiago Creek Trail. MOTION — Smith SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to: 1) Authorize the appropriation of $123,584 from General Fund 100 unreserved fund balance to expenditure account 100.7022.51420.00000 (Maintenance Contracts); and 2) Approve agreement with Merchants Landscape Inc. and authorize the Mayor and City Clerk to execute on behalf of the City. 3.7 Agreement with Stantcc Consulting Service, Inc. for professional services for the UCI Medical Center (UCIMC) Master Meter Program in an amount not -to- exceed $94,660. (A2100.0; AGR -6374) ACTION: Awarded Consultant Services Agreement to Stantec Consulting Service, Inc. of Irvine, CA, in an amount not to exceed $94,660; and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.8 A Consultant Services Agreement with CSG Consultants, Inc., a Private Consultant Firm, to Provide Plan Review and Field Inspection Services for the Building Division of the Community Development Department. (A2100.0; AGR- 3375.L) ACTION: Approved and authorized the Mayor and City Clerk to execute a consultant services agreement with CSG Consultants, Inc., with the total compensation not to exceed $80,000. PAGE 3 CITY COUNCIL MINUTES AUGUST 9, 2016 3. CONSENT CALENDAR (Continued) APPROPRIATIONS 3.9 A request to appropriate developer -paid funds related to the Santiago Hills II project toward consultant staff services and approve a First Amendment to Consultant Services Agreement with Morse Planning Group. (A2100.0; AGR- 6318.1) ACTION: 1) Appropriated $100,000 from unreserved fund balance of the General Fund (Fund 100) to the Advance Planning Other Professional and Consulting Services account (100.6011.51670.00000); and 2) Approved and authorized the Mayor and City Clerk to execute the First Amendment to Consultant Services Agreement with Morse Planning Group to increase the total compensation by an additional $40,000. 3.10 Amend the Fiscal Year 2015 -2016 (FY16) HOME Investment Partnerships (HOME) Program budget for the Lemon Grove Apartments. (C2500.G.1.9) ACTION: Authorized an appropriation of $593,178.87 to HOME Program Income (317) in FY16 to account number 317.9661.56571.20249 (HOME Program Income Loan -Lemon Grove Apartments). 3.11 Carryover of Appropriation of $831,000 from Fiscal Year 2015 -2016 to Fiscal Year 2016 -2017 for CalPERS Lump Sum Payments. (I1200.0.3.4) ACTION: Authorized the carryover of $831,000 in expenditure account 760.0000.50510.00000 from Fiscal Year 2015 -2016 to Fiscal Year 2016 -2017. BIDS 3.12 Bid No. 167 -03; Approval of plans and specifications, and request authorization to advertise for bids for the Federal Highway Safety Improvement Program (HSIP) Pedestrian Crossings Upgrade at 14 Intersections Project. (S400.S.7) ACTION: 1) Accepted into the City's revenue budget a $49,500 additional grant from HSIP into revenue account 550.5032.45150.20194, Pedestrian Crossings Upgrade; 2) Authorized the appropriation of $49,500 into expenditure account number 550.5032.56100.20194 Pedestrian Crossing Upgrades; and 3) Approved the plans and specifications, and authorize advertising for bids for the HSIP Pedestrian Crossings Upgrade at 14 Intersections Project. 3.13 Bid No. 167 -05; Approval of plans and specifications, and authorization to advertise for bids for the Yorba Park Grading Project. (C2500.M.17) ACTION: Approved plans and specifications and authorized advertising for bids for the Yorba Park Grading Project. PAGE 4 CITY COUNCIL MINUTES AUGUST 9, 2016 3. CONSENT CALENDAR (Continued) 3.14 CLAIMS (C3200.0) 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. Jacqueline P. Gutierrez b. Gregory Dougherty C. Maxwell Lawrence d. John Wolfe e. Maria Silvia Rodriguez Flores ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.15 Award of Contract — Bid No. 156 -46; Sewer Line Replacement on Shaffer Street - 300 feet North of Chapman Avenue to Walnut Avenue, Parker Street — Chapman Avenue to Almond Avenue, Palmyra Avenue, Olive Street to Orange Street. (A2100.0; AGR- 6376) ACTION: 1) Appropriated $20,000 from Sanitation (220) unreserved fund balance to expenditure account 220.5011.56200.15508 (Sewer Line Replacement); and 2) Accepted the lowest bid, awarded the contract to Vailston Company, Inc. of San Marcos, CA, in the amount of $1,034,103, and authorized the Mayor to execute and the City Clerk to attest the contract on behalf of the City. 3.16 Award of Contract — Bid No. 156 -45; Reservoir 2 Paving Project. (A2100.0; AGR- 6379) ACTION: Awarded contract in the amount of $105,361 to Hardy & Harper, Inc.; and authorized the Mayor and the City Clerk to execute the necessary documents on behalf of the City. 3.17 Award of Contract — Bid No. 156 -47; Collins Avenue Storm Drain Improvements Project. (A2100.0; AGR -6377) ACTION: 1) Relieved the bid received from the first apparent low bidder, Ramona, Inc. of Arcadia, CA, on the basis of their request for relief due to a mathematical error; 2) Transferred $22,000 from 220.5021.56015.14997 (Municipal Parking Lot Maintenance) to 220.5022.56330.30078 (Sanitation & Sewer - Installation of Bio Clean Unit on Collins); and 3) Awarded the contract in the amount of $196,630 to Grbcon, Inc. of Arcadia, CA, and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 5 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) AUGUST 9, 2016 3.18 Award a Contract to Siemens Industry, Inc. for Traffic Signal Emergency Response Services. (A2100.0; AGR -6378) ACTION: Awarded a contract in an amount not to exceed $40,000 to Siemens Industry, Inc. of Orange, CA, and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.19 Final Acceptance of Bid No. 156 -13; Emergency Generator for Carver Pump Station Project performed by TSR Construction and Inspections, Inc.; and authorization to file the Notice of Completion with the County recorder. (No staff report required ACTION: Accepted public work improvements, authorized release of Indemnity Company of California, Bond No. 704584P in the amount of $131,400.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.20 Final Acceptance of Bid No. 156 -17; Landscape Renovation Hart Park Dance Floor Project performed by C.A. Granger Construction, Inc., and authorization to file the Notice of Completion with the County recorder. (No staff report required ACTION: Accepted improvements, authorized release of Contractor's Performance and Payment Bond (Bond no. # CSB0009044) in the amount of $50,090.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PURCHASES 3.21 Purchase Sodium Hypochlorite for various City of Orange Well Sites from Waterline Technologies, Inc. on an "as needed" basis for Fiscal Year 2016 -2017. (C2500.M) ACTION: Approved purchase of Sodium Hypochlorite on an "as needed" basis from Waterline Technologies, Inc. in the amount not to exceed $70,000. 3.22 Purchase of 100 Tasers, equipment and warranty services from Taser International as a sole source vendor for fiscal period July 1, 2016, through June 30, 2021. (C2500.K) ACTION: Approved the purchase of Tasers, equipment and warranty services from Taser International, Inc. in the amount of $118,962; and authorized the appropriation of $118,962 from the Federal Asset Forfeiture Treasury Asset Fund unreserved fund balance to expenditure account number 355.4011.55131.00000, Federal Asset Forfeiture Treasury Asset Fund, Equipment. PAGE 6 CITY COUNCIL MINUTES AUGUST 9, 2016 3. CONSENT CALENDAR (Continued) 3.23 Purchase of one Public Safety Vehicle for Orange Fire Department. (C2500.11) ACTION: 1) Authorized the purchase of one piece of pumper equipment for the Orange Fire Department from Pierce Manufacturing, located in Appleton, WI, in the amount of $777,640; 2) Authorized the purchase of equipment and supplies needed to outfit the pumper from various vendors (lowest qualified bidder) in the amount of $82,870; 3) Authorized the purchase of communication equipment, including radio(s), mobile data computer and GPS unit to outfit new pumper to current OFD standards in the amount of $17,959; 4) Authorized the transfer of $10,000 from: 790.1601.56033.19640 (Info Tech Upgrades) to 790.3021.56032.12955 (Mobile Data Computers); and 5) Authorized the City Manager to surplus the replaced vehicle. RESOLUTIONS 3.24 RESOLUTION NO. 10956 (C2500..1) A Resolution of the City Council of the City of Orange expressing appreciation to Victor Uribe and commending him for over forty years of loyal and dedicated public service. ACTION: Approved. 3.25 RESOLUTION NO. 10957 (C2500.,1) A Resolution of the City Council of the City of Orange expressing appreciation to Paul Hamilton and commending him for over thirty years of loyal and dedicated public service. ACTION: Approved. 3.26 RESOLUTION NO. 10958 (S4000.0) A Resolution of the City Council of the City of Orange accepting certain roads and streets into the City Street system. ACTION: Approved. PAGE 7 CITY COUNCIL MINUTES AUGUST 9, 2016 3. CONSENT CALENDAR (Continued) 3.27 RESOLUTION NO. 10959 (C2500.M.16) A Resolution of the City Council of the City of Orange finding that certain City -owned real property located at 210 North McPherson Road in the City of Orange is surplus to the City's needs and authorizing the sale of said property. ACTION: Approved. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Councilmember Nichols recorded an abstention on Item 3.2. Item 3.6 was removed from the Consent Calendar and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH — None 5. REPORTS FROM COUNCILMEMBERS — None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None PAGE 8 CITY COUNCIL MINUTES AUGUST 9, 2016 7. ADMINISTRATIVE REPORTS 7.1 RESOLUTION NO. 10961 (C2300.K) A Resolution of the City Council of the City of Orange rescinding the Level 1 and II Water Supply Shortage. Water Manager Jose Diaz provided a brief staff report. He reported that the community will be informed of the modified drought regulations through various means including the City's website and social media. MOTION — Alvarez SECOND — Smith AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to adopt Resolution No. 10961. 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 06-16 (SECOND READING) (A2500.0) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1281- 16 amending the Santiago Hills Planned Community District Regulations. NOTE: Councilmember Nichols recorded an abstention due to her absence at the July 12, 2016, City Council meeting. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy ABSTAIN —Nichols Moved that Ordinance No. 06 -16 be read by title only and same was approved and adopted by the preceding vote. PAGE 9 CITY COUNCIL MINUTES 9. 9.2 10. 11. 12. LEGAL AFFAIRS (Continued) ORDINANCE NO. 07-16 (SECOND READING) (A2500.0) AUGUST 9, 2016 An Ordinance of the City Council of the City of Orange approving the Amended and Restated Development Agreement for the Santiago Hills II Development Project. NOTE: Councilmember Nichols recorded an abstention due to her absence at the July 12, 2016, City Council meeting. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy ABSTAIN —Nichols Moved that Ordinance No. 07 -16 be read by title only and same was approved and adopted by the preceding vote. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None PUBLIC HEARINGS — None ADJOURNMENT — The City Council adjourned at 6:48 p.m. in Memory of Gloria Turner. The next Regular City Council Meeting will be held on Tuesday, September 13, 2016, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary 4� M E. MURPHY TERESA E. S ITH CITY CL,ERK MAYOR PAGE 10