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Council Minutes 01/10/17APPROVED BY THE CITY COUNCIL ON FEBRUARY 14, 2017 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES JANUARY 10, 2017 The City Council of the City of Orange, California convened on January 10, 2017, at 4:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 2. ORAL COMMUNICATIONS —None 3. EMPLOYEE SERVICE AWARDS Recognition of Employee Service. 4. RECESS — The City Council recessed at 4:50 p.m. to the Closed Session. The next Regular City Council meeting will be held on January 10, 2017, at 6:00 p.m. in the Council Chamber. CITY COUNCIL MINUTES 5:00 P.M. SESSION 1. ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 2. ORAL COMMUNICATIONS — None JANUARY 10, 2017 3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:00 p.m. with all Members present. a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Rick Otto, City Manager; Wayne Winthers, City Attorney. Employee Organizations: City of Orange Police Association. 4. ADJOURN TO REGULAR MEETING — At 5:55 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, January 10, 2017, in the Council Chamber. PAGE 2 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING JANUARY 10, 2017 This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:00 p.m. 1.1 INVOCATION Given by Pastor Ric Olsen from The Beacon Church. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Mike Alvarez. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Smith announced events taking place at the Orange Public Library. Legislative Update: California State Senator Janet Nguyen. 2. PUBLIC COMMENTS Jack Raubolt — thanked Council and staff for the expedited process in the recent sale of property to Chapman University. PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR JANUARY 10, 2017 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. 3A. CITY CONSENT CALENDAR 3.1 Confirmation of warrant registers dated December 15 and 22, 2016. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes Regular Meeting of December 13, 2016. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. APPROPRIATIONS 3.4 Appropriation of designated grant funding received from the California Department of Resources Recycling and Recovery (CalRecycle) for the City's Beverage Container Recycling Program. (C2500.M.1.1) ACTION: 1) Accepted into the City's revenue budget $35,562 in grants from CalRecycle and appropriate to the following revenue account number: 220.5022.45290.20318 Beverage Container Recycling 15 -16: $35,562; and 2) Authorized the appropriation of $35,562 into the following expenditure account numbers: 220.5022.51001.20318 Bev. Container Recycling 15 -16 — Contractual Serv. $17,000. 220.5022.53001.20318 Bev. Container Recycling 15 -16 — Materials & Supplies $18,562. PAGE 4 CITY COUNCIL MINUTES JANUARY 10, 2017 3. CONSENT CALENDAR (Continued) BIDS 3.5 Bid No. 167 -19; Approval of plans and specifications, and request authorization to advertise for bids — two (2) Federal Highway Safety Improvement Program (HSIP) Left -Turn Phasing Signal Modification Projects: 1) Collins Avenue at Batavia Street; and 2) Chapman Avenue at Cannon Street. (S4000.0) ACTION: Approved the plans and specifications, and authorized advertising for bids the HSIP Left -Turn Phasing Signal Modification projects: 1) Collins Avenue at Batavia Street; and 2) Chapman Avenue at Cannon Street. 3.6 Bid No. 167 -21; Approval of plans and specifications, and request authorization to advertise for bids for construction of Orangewood Avenue and Katella Avenue Water Quality Storm Drain Improvements, FY 2016 -2017 (D -172). (C2500.M.17) ACTION: Approved plans and specifications and authorized advertising for bids for Orangewood Avenue and Katella Avenue Water Quality Storm Drain Improvements, FY 2016 -2017 (D -172). 3.7 Bid No. 167 -24; Approval of plans and specifications, and request authorization to advertise for bids for Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations Project for Fiscal Year 2017 (FY17). (S4000.S.3.2) ACTION: Approved plans and specifications and authorized advertising for bids for the (FYI 7) CDBG ADA Wheelchair Access Ramps at Various Locations. 3.8 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. Christian Suarez b. Catherine Delligatta C. Julia Beam d. Rafael Salgado ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 5 CITY COUNCIL MINUTES JANUARY 10, 2017 3. CONSENT CALENDAR (Continued) CONTRACTS 3.9 Approval of a contract with Turboscape, Inc. for annual and as needed replenishment of certified playground wood chips for park tot lots. (A2100.0; AGR -6441) ACTION: Approved contract with Turboscape, Inc. in the amount not to exceed $150,000; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.10 Final Contract Change Order for Agreement No. 6379, Bid No. 156 -45; Reservoir 2 Paving Project (W -675). (A2100.0; AGR -6379) ACTION: 1) Authorized the appropriation of $12,186 from the water fund unreserved fund balance to Account No. 600.8041.53830.00000, Asphalt Products; and 2) Approved Final Contract Change Order in the amount of $12,186 to Hardy & Harper, Inc. for additional cost. 3.11 Final Acceptance of Bid No. 156 -47; Collins Avenue Storm Drain Improvement Project performed by Grbcon, 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 SureTec Insurance Company of Texas Bond No. 4409025 in the amount of $234,530.00 to the contractor on said job; and authorized the Mayor and City Clerk to execute the Notice of Completion. QUITCLAIMS 3.12 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 2935 E. Walnut Avenue. (D4000.0) ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to the property owner, GS Home Services, LLC, for the S.A.V.I. easement located at 2935 E. Walnut Avenue. REPORTS 3.13 Request to reclassify several Library Page and Library Clerk positions. (C2500.I) ACTION: 1) Approved the reclassification of a full -time Library Page position as a full - time Library Clerk position; 2) Approved the reclassification of a 20 -hour Library Clerk position to a 20 -hour Library Page position; and 3) Approved the reclassification of a 19- hour Library Clerk position to a 19 -hour Library Page position. PAGE 6 CITY COUNCIL MINUTES JANUARY 10, 2017 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.14 Authorization of an interfund loan from the Capital Projects Fund to the Proposition 172 Sales Tax Fund. Resolution No. 10989. (C2500.J.1.5) ACTION: 1) Approved Resolution No. 10989; 2) Authorized the appropriation of $420,000 from the Proposition 172 Sales Tax Fund (120) unreserved fund balance to expenditure account 120.0201.56510.20223; and 3) Authorized the appropriation of $2,770,119 from the proceeds of the interfund loan from the Capital Projects Fund (500) to expenditure account 120.0201.56510.20223. 3.15 Upholding Appeal No. 0546 -16 and approving construction of two residential units and detached two car garage on property containing an existing single family residence located at 730 West Palm Avenue. Resolution No. 10990. (A4000.0) NOTE: Councilmember Alvarez voted no on this Item. ACTION: Approved Resolution No. 10990. 313. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.16 Authorization to approve Recognized Obligation Payment Schedule ("ROPS ") for the period of July 1, 2017, through June 30, 2018; Resolution No. SAORA -025; and authorization to approve administrative budgets for the Successor Agency of the Orange Redevelopment Agency; Resolution No. SAORA -026. (SA1000.0) ACTION: 1) Approved Resolution No. SAORA -025 and Resolution No. SAORA -026; and 2) Directed staff to transmit ROPS 17 -18 and related Administrative Budgets to the Oversight Board of the Successor Agency to the Orange Redevelopment Agency. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Councilmember Alvarez recorded a no vote on Item 3.15. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR PAGE 7 CITY COUNCIL MINUTES JANUARY 10, 2017 4. REPORTS FROM MAYOR SMITH 4.1 Appointment to the City of Orange Design Review Committee. Mayor Smith announced that Megan Penn withdrew her application for the Design Review Committee. No action was taken. 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 7. ADMINISTRATIVE REPORTS 7.1 Purchase and Sale Agreement of Southern California Edison (SCE) owned street lights, and No -Fee Light Pole License Agreement for Wireless Attachments between the City of Orange (City) and Southern California Edison on said street lights. (S4000.S.3.10) City Engineer Frank Sun presented the staff report and answered Council's questions. A map indicating the lights being acquired was distributed to Council. MOTION — Nichols SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to: Approve the Purchase and Sale Agreement, and No -Fee Light Pole License Agreement with SCE; and authorize the City Manager to execute the SCE incentive application, On Bill Financing (OBF) application, OBF agreement, and other documents related to the application process with SCE for retrofitting these street lights to LED. 8. REPORTS FROM CITY MANAGER City Manager Otto announced that the City's new website will be going live by the end of January. Staff will provide Council with a presentation at a future meeting. PAGE 8 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS JANUARY 10, 2017 9.1 Amending and restating hazardous materials, Ordinance No. 11-16 (Second Reading) (A2500.0) 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. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 11 -16 be read by title only and same was approved and adopted by the preceding vote. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 Zone Change No. 1282 -16, Witness International, 2050 and 2140 W. Chapman Ave. (Z1500.0) Time set for a public hearing to consider Zone Change No. 1282 -16, Witness International. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Tommy Lin — spoke in favor of approving the zone change. Margaret Staley — spoke in favor of approving the zone change. Entered into the record: email received by Scott Montgomery in opposition of approving the zone change. THE MAYOR CLOSED THE PUBLIC HEARING. ORDINANCE NO. 01-17 (First Reading) An Ordinance of the City Council approving Zone Change No. 1282 -16 to change the zone of property located at 2050 and 2140 West Chapman Ave. from office professional (O -P) to general business (C -2) consistent with the existing General Plan land use designation of general commercial (Max 1.0 FAR) (GC). MOTION — Whitaker SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 01 -17 be approved for First Reading and same was set for Second Reading by the preceding vote. PAGE 9 CITY COUNCIL MINUTES 12. ADJOURNMENT — The City Council adjourned at 7:06 p.m. JANUARY 10, 2017 The next Regular City Council Meeting will be held on Tuesday, February 14, 2017, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. M URPHY CITY CLERK tin -�4w TERESA E. SMITH MAYOR PAGE 10