Council Minutes 01/24/12APPROVED BY THE CITY COUNCIL ON FEBRUARY 14, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 24, 2012
The City Council of the City of Orange, California convened on January 24, 2012 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Carl Friedrich, Praise Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Teresa Smith
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Employee Service.
Mayor Cavecche announced the dedication of the Santiago Creek Bike Trail on
February 11, 2012, at 12:00 noon, at the Grijalva Park Sports Center, and invited the
public to attend.
2. PUBLIC COMMENTS - None
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3. CONSENT CALENDAR
January 24, 2012
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 January 5, and January 12, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of January 10, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.4 License Agreement with the County of Orange for Use of the Sheriffs Department
Training Facility and Shooting Range in an amount not -to- exceed $15,000.00.
Note: Councilmember Bilodeau abstained due to a possible conflict of interest with his
employment.
Discussion — Councilmember Dumitru stated his recollection that the County had
agreed to absorb this cost during negotiations over the use of the Theo Lacy jail.
City Attorney David DeBerry stated he would review the matter.
MOTION
- Dumitru
SECOND
- Cavecche
AYES
- Whitaker, Smith, Cavecche, Dumitru
ABSTAIN
- Bilodeau
Moved to continue to the February 14 Meeting.
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3. CONSENT CALENDAR (Continued)
3.5 Agreement with United Security Access & Electric for the Installation of Access
Control Systems at City Park Restroom Buildings to Automate Locking and
Unlocking of Doors in an amount not -to- exceed $77,236.52. (A2100.0 Agr -5841)
ACTION: pproved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.6 Agreement with Heisler Landscape General Engineering, Inc. for Removal and
Replacement of the Roof on the Picnic Shelter Structure at El Camino Real Park
in an amount not -to- exceed $125,105. (A2100.0 Agr -5842)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
APPROPRIATIONS
3.7 Appropriation of Funds and Award of Contract with Robertson Industries, Inc.
for the Replacement of the Serrano Park Tot Lot Rubberized Protective Safety
Surface. (A2100.0 Agr -5843)
ACTION: Appropriated $37,232.25 from unreserved Fund 511 to Account
511.7021.56015.20124 (Serrano Park Tot Lot Surface Replacement); awarded the
contract and authorized the Mayor and City Clerk to execute on behalf of the City.
3.8 Contract Change Order No. 5 and FINAL; Bid No. 090 -02: for Construction of
the Santiago Creek Bike Trail from Tustin to Collins Segment and an
Appropriation of Park Development Fees. (A2100.0 Agr -5566)
ACTION: Appropriated $80,000 from unreserved Fund 511 to Account
511.7021.56510.16100 (Santiago Creek Bike Trail); and Approve Contract Change
Order No. 5 and FINAL in the amount of $49,457.04 to 4 -Con Engineering, Inc.
3.9 CLAIMS (C3200.0)
SUMMARY: 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. Crown Royal Services dba Manhattan Steak & Seafood
b. Daniel Franco
c. Austin Tyler Jones
d. Antonio Razo
e. William Solorio
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.10 Final Acceptance of Bid No. 112 -04; Water Improvements for Main Street
performed by Miramontes Construction, Inc.; and authorization to file the Notice
of Completion with the County Recorder (No staff report required) (A2100.0
Agr -5804)
ACTION: Accepted public work improvements; authorized release of Aegis Security
Insurance Company, Bond No. CTR- 3001901, in the amount of $398,050.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
MEMBERSHIPS
3.11 Annual Membership in the Association of California Cities — Orange County.
(OR1800.0.12.5)
NOTE: Councilmember Bilodeau recorded a NO vote.
ACTION: Authorized the City Manager to pay annual dues to the Association of
California Cities — Orange County for a term of one year.
RESOLUTIONS
3.12 RESOLUTION NO. 10623 (C2500.G.2.0)
A Resolution of the City Council of the City of Orange Approving the Application
for Grant Funds for the Sustainable Communities Planning Grant and Incentives
Program under the Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006 (Proposition 84) for Purposes of
Funding Preparation of a City of Orange Emissions Inventory and Development
Streamlining Strategy.
Applicant: City of Orange
ACTION: Approved.
MOTION - Smith
SECOND -Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Item 3.4 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended with Councilmember Bilodeau recording a NO vote on
Item 3.11.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR CAVECCHE — None
5. REPORTS FROM COUNCILMEMBERS — None
January 24, 2012
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept Resignation of Michael Merino from the Planning Commission, effective
immediately.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to accept the resignation of Michael Merino from the Planning Commission.
7. ADMINISTRATIVE REPORTS
7.1 Consideration of Designating a Successor Housing Agency to the Orange
Redevelopment Agency (ORA) (Continued from January 10, 2012). (R3500.0)
Discussion — Sr. Project Manager Lisa Kim gave the staff report, detailing the results of the
City electing to become the successor housing agency to the ORA, noting that the City reserves
the right to rescind the resolution at a future point in time. In response to questions from
Councilmember Bilodeau, she stated that the law is unclear, but for FY 2011 -12 it allows for
approximately 5% in administrative costs and 3% in future years. And in addition, if the
housing fund balance for future disbursements is available, there would be sufficient funds to
administer the program.
Todd Mooney, Special Counsel, Kane, Balmer & Berkman, fielded questions from the Council
regarding contractual and mandated obligations and the funding of such.
Councilmember Bilodeau stated his intent to shrink government when possible, and thereby
would not be supporting the City becoming the successor housing agency, as it could be turned
over to the County to administer.
Councilmember Whitaker spoke on the value of local v. County control and stated the City
would be more efficient in managing the program and spending the funds within the City.
Mayor pro tem Smith agreed with the benefit of local control and stated her intent to keep the
money in Orange, adding there is no guarantee that an outside agency would look out for
Orange's best interest and keep affordable housing in Orange.
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7. ADMINISTRATIVE REPORTS (Continued)
Mayor Cavecche stated that the issue is not settled yet, and until the City knows what the
outcome will be, she wanted to keep control in the City.
RESOLUTION NO. 10626
A Resolution of the City Council of the City of Orange Electing to Retain the Housing Assets
and Functions of the Orange Redevelopment Agency Under Part 1.85 of Division 24 of the
Health and Safety Code Subject to Reservations Herein Stated.
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche
NOES - Dumitru, Bilodeau
Moved to approve Resolution No. 10626.
8. REPORTS FROM CITY MANAGER
8.1 Status of SB 659 and SB 654 that may affect Redevelopment Agencies. (R3500.0)
City Manager John Sibley reported that nothing has happened with these bills at this time.
Sr. Project Manager Lisa Kim gave a status report on the two bills.
9. LEGAL AFFAIRS — None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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January 24, 2012
11. RECESS TO CLOSED SESSION - The City Council recessed at 5:25 p.m. to a
Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Jeffrey Freedman, Esquire, and David A. DeBerry, City Attorney
Employee Organizations: All Bargaining Units
b. Public employee appointment /employment pursuant to Government Code Section 54957.
Title: City Attorney
c. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in Closed Session.
12. ADJOURNMENT — The City Council adjourned at 8:00 p.m. There was no 7:00 p.m.
session. The next Regular City Council meeting is scheduled for February 14, 2012 at 4:30
p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of January 24, 2012 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.
MAR MURPI
C Y CLERK
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