Council Minutes 04/12/11APPROVED BY THE CITY COUNCIL ON APRIL 26, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 12, 2011
The City Council of the City of Orange, California convened on April 12, 2011 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 Frank Riley, River 47 Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of American Flags flown over Iraq to Mayor Cavecche, and Police Chief
Gustafson, by Chief Warrant Officer 4 Robert Metoyer, an Orange police officer
deployed to Iraq.
Presentation of the State of the District Address by Rancho Santiago Community
College District Representatives.
Presentation of Donation by Orange Public Library Foundation to the Library Director.
Presentation of Donation by Friends of the Library to the Library Director.
Recognition of Community Services Department Sponsors.
Recognition of National Public Safety Dispatcher Week.
2. PUBLIC COMMENTS — Tom Davidson, Orange Park Acres, gave an invitation to
the OPA Denim and Diamonds dinner dance fundraiser and spoke on activities in
Orange Park Acres.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
April 12, 2011
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 March 17, 24, and 31, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of March 22, 2011 and Special Meeting of
March 22, 2011. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Consultant Services Agreement with South Coast Systems, Inc. for Design,
Construction, Testing and Installation of new SCADA Panel at Reservoir 8 site.
(A2100.0 Agr -5745)
ACTION: Approved a Consultant Services Agreement with South Coast Systems, Inc.
in the amount of $19,747.00 and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.5 Agreement between Municipal Water District of Orange County (MWDOC) and
its Member Agencies on Budget, Activities, Charges, and Other Issues. (Continued
from March 22, 2011.) (A2100.0 Agr -5730)
ACTION: Directed participation in the Poseidon Huntington Beach Ocean Desalination
Program administered by MWDOC, approved Agreement with MWDOC, and
authorized the Mayor and City Clerk to execute on behalf of the City.
(REMOVED AND HEARD SEPARATELY)
3.6 Agreement with Reliance Standard Life Insurance Company for Group Life
Insurance Non - Participating; Group Accident Policy Non - Participating; Group
Accident Policy Non - Participating; and Voluntary Group Term Life Insurance
Non - Participating. (A2100.0 Agr- 4173.D; 4175.B; 5409.A; 5410.A)
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CITY COUNCIL MINUTES April 12, 2011
3. CONSENT CALENDAR (Continued)
Discussion — Human Resources Assistant Director Mike Harary clarified for Council
that these benefits are a result of the collective bargaining process with employee
groups, as well as additional benefit choices that are paid by the employee.
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Agreement with Reliance Standard Life Insurance Company and
authorize the Mayor and City Clerk to execute on behalf of the City.
(REMOVED AND HEARD SEPARATELY)
3.7 Consultant Services Agreement with Lilley Planning Group, a private planning
consultant firm, to provide current planning processing for Chapman University
applications. (A2100.0 Agr -5746)
Discussion — Mayor pro tem Smith expressed concerns that the projects would not go
through the public review process because they can be approved in house, and with
using consultants who may not be versed on the growth of Chapman University in the
community, as well as the consultant's level of experience with historic districts. She
also stated that the projects must include an adequate parking plan; and that the projects
have full community involvement, to include Old Towne Preservation Association,
Orange Barrio Historic Society, and impacted residents.
Community Development Director Alice Angus stated that the full amount of the
contract is paid by Chapman University; and that the Lilley Group has experience with
similar districts in the Cities of Fullerton, Pasadena, Claremont, and San Gabriel, and
that they will be working in conjunction with the department's historic planner.
Lilley Group President Jennifer Lilley stated the staff member assigned to Orange has
experience with developments in historic districts, and processing entitlements for
colleges.
Mayor Cavecche asked that Council be provided full briefings before City staff give
project approvals.
Councilmember Dumitru commended Chapman University in assisting the city in
getting an outside planning firm.
MOTION - Smith
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to appropriate $60,000 from 100.6021.48210.20096 (Expense Reimbursement)
to 100.6021.51670.20096 (Other Professional & Consulting Services — Lilley Planning
Group); and approve the Agreement with Lilley Planning Group and authorize the
Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES April 12, 2011
3. CONSENT CALENDAR (Continued)
3.8 Compromise and Settlement Agreement with Mark Hurwitz and Bonnie
Shershow for acquisition of a strip of property for construction of Santiago Creek
Bike Trail in the amount of $110,000. (A2100.0 Agr -5743)
ACTION: Approved Compromise and Settlement Agreement with Mark Hurwitz and
Bonnie Shershow and authorized the Mayor and City Clerk to execute on behalf of the City.
(REMOVED AND HEARD SEPARATELY)
3.9 Professional Services Agreement with Nexlevel Information Technology, Inc. for
Consultant Services to support the City's Information Technology Outsourcing
Project. (A2100.0 Agr -5747)
Discussion — Assistant City Manager Rick Otto clarified for Council that the
specifications for the RFP will be used as the base for the new contract with ACS, that
the negotiations are close to completion, and that Nexlevel offers expertise above the
level of staff's technical knowledge.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve agreement with Nexlevel Information Technology, Inc. in an amount
not to exceed $18,750 and authorize the Mayor and City Clerk to execute the
agreement on behalf of the City.
APPROPRIATIONS
3.10 Accept into the City's Revenue Budget and Appropriate an $11,000 donation from
the Orange Public Library Foundation for children's books. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget $11,000 into Account
100.2001.48390.19322 (Library Foundation); and 2) Appropriated donation into
Account 100.2001.53301.19322 (Library Books).
3.11 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. Richard Jorgensen
b. David Schneider, Jr.
C. Adolfo Gomez
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES April 12, 2011
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Award of Contract — Bid No. 101 -25; Americans with Disabilities Act (ADA)
Wheelchair Access Ramps at Various Locations FY 2010 -11. (A2100.0 Agr -5748)
ACTION: Awarded the contract in the amount of $102,698.00 to United Paving
Company and authorized the Mayor and City Clerk to execute on behalf of the City.
3.13 Award of Contract — Bid No. 101 -26; Santiago Creek Bike Trail North Project —
Collins Avenue Undercrossing: from Bond Avenue to Santiago Creek. (A2100.0
Agr -5749)
ACTION: 1) Awarded the contract in the amount of $1,019,794.50 to Excavating
Engineers, Inc. of Bonsall, CA and authorized the Mayor and City Clerk to execute on
behalf of the City; 2) Approved the following corrections to the previously stated
source of funding by authorizing the following transfers:
550.8011.56412.18205 Cannon Pump Station - OC Parks ($1,363,900)
550.8011.56412.18205 Cannon Pump Station - County Prop 1B $1,363,900
550.5011.56330.16103 Santiago Creek Bike Trail North - OC Prop 1B ($1,363,900)
550.5011.56510.16103 Santiago Creek Bike Trail North - OC Parks $1,363,900
3.14 Contract Change Order No. 2 and Final — Bid No. 101 -01; Santiago Canyon Road
Traffic Safety Improvement Project. (A2100.0 Agr -5623)
ACTION: 1) Appropriated $70,000 from fund 262 to Account 262.5011.56330.16104
to cover project shortfall; 2) Approved Contract Change Order No. 2 and Final in the
amount of $50,076.51 to La Strada Contracting Company.
3.15 Final Acceptance — Bid No. 101 -01; Santiago Canyon Road Traffic Safety System
Improvements performed by La Strada Contracting, Inc.; and authorization to
file the Notice of Completion with the County Recorder. (No staff report
re uired. (A2100.0 Agr -5623)
ACTION: Accepted public work improvements, authorized release of the International
Fidelity Insurance Company, of New Jersey, Bond No. 0498319 in the amount of
$587,567 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
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CITY COUNCIL MINUTES April 12, 2011
3. CONSENT CALENDAR (Continued)
3.16 Final Acceptance — Bid No. 101 -11; Fletcher Avenue (Batavia Street to Glassell
Street) SRTS Project Sidewalk Improvements performed by S.J. Grigolla
Construction Company, Inc.; and authorization to file the Notice of Completion
with the County Recorder. (No staff report required.) (A2100.0 Agr -5686)
ACTION: Accepted public work improvements, authorized release of Suretec
Insurance Company of Texas, Bond No. 5094433 in the amount of $93,050 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
3.17 Final Acceptance — Bid No. 078 -18; Cannon Street and Santiago Canyon Road
Relocation of Landfill Gas Monitoring Probes performed by Stearns, Conrad and
Schmidt, Consulting Engineers, Inc.; and authorization to file the Notice of
Completion with the County Recorder. (No staff report required.)
(A2100.0 Agr -5169)
ACTION: Accepted public work improvements, authorized release of the Arch
Insurance Company, of Missouri, Bond No. SU1018129 in the amount of $37,930 to
the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
PURCHASE
3.18 Proposition 69, the DNA, Fingerprint, Unsolved Crime, and Innocence Protection
Act — funding for the purchase of plastic freezer storage bins, a vacuum sealer, a
floor heat sealing unit, two barcode printers and related supplies, two laptops for
barcoding evidence, steel workstation shelving, and two mobile workstations for
the Police Department's Property Unit. The total funding from the County of
Orange is $19,772. (C2500.K)
ACTION: Appropriated $19,772 to Account 100.4034.55131.20094 (Lab /Property-
Equipment - Prop 69) for the purchase of equipment for the Property Unit.
RESOLUTIONS
3.19 RESOLUTION NO. 10545 (C2500.M)
A Resolution of the City Council of the City of Orange Authorizing an Application for
Funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County
Local Transportation Ordinance No. 3 for Installation of Automatic Retractable
Screens.
ACTION: Approved.
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CITY COUNCIL MINUTES April 12, 2011
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 10549 (A2100.0 Agr -5751)
A Resolution of the City Council of the City of Orange Authorizing Application for the
Fiscal Year (FY) 2010 Homeland Security Grant Program.
ACTION: Approved.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Items 3.6, 3.7, and 3.9 were removed and heard separately. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE — None
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Fred Whitaker —
1) Recent City Manager Communication of Council Policy /Positions with Staff.
Discussion — Councilmember Whitaker withdrew this item, stating it had been discussed in
closed session.
2) Explore Creation of an Orange Housing Agency to preserve control of Housing Funds in a
protected manner, rather than having them sent to the County, or in an unprotected City
account, if the RDA is eliminated.
Discussion — Councilmember Whitaker stated his preference for housing set aside funds kept
in Orange with the City maintaining control over how they are spent, and suggested looking
into the creation of a housing agency in the City.
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CITY COUNCIL MINUTES April 12, 2011
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmembers Dumitru and Bilodeau stated they were not in favor of creating a City
Housing Authority, commenting it may not be possible to make findings to support this move,
as well as not being in favor of the expansion of government.
Mayor pro tem Smith and Mayor Cavecche stated they were interested in exploring the options
but needed more information, also stating support for the City keeping and maintaining the
funds, and requested briefings.
5.2 Councilmember Denis Bilodeau — Direct City Attorney to draft ordinance
prohibiting registered sex offenders from entering city parks.
Discussion — Councilmember Bilodeau raised the need to review the City ordinance regarding
this issue. He further requested that the Police Chief be in the discussions.
The City Attorney was directed to bring back to Council an amendment to the Orange
Municipal Code, utilizing the more restrictive aspects of both the County ordinance and the
existing City ordinance, to strengthen it to include the entering of parks, and maintaining
increased penalties.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Request for Budget Appropriation for Salary Increases Required by
Memorandum of Understanding between the City of Orange and Orange City
Firefighters, Inc. Local 2384 of the International Association of Firefighters, AFL -CIO.
(Continued from March 22, 2011.) (C2500.J.4.3)
Discussion — Human Resources Director Steven Pham gave the staff report.
Council requested that the salary figures provided in the survey be verified given salary
reductions in other cities; that the information requested at the March 22 meeting be provided
to the Council; and noted the Council was contractually obligated to approve this request.
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to: 1) Appropriate $204,140 from the unreserved balance of the General Fund to
100.30XX *.50101 (Salaries — Safety) and $10,702 from the unreserved balance of the General
Fund to 100.30XX *.50102 (Salaries — Misc); and 2) Appropriate $14,213 from the
unreserved balance of the EMT Transport Fund to 125.30XX *.50101 (Salaries — Safety).
* Requested appropriations will be divided amongst the applicable Fire Department
activities.
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CITY COUNCIL MINUTES April 12, 2011
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Request for Direction on Sale or Donation of 1985 Seagrave 100' Tillered Aerial
Fire Truck. (C2500.H)
MOTION - Dumitru
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to direct the Fire Department to sell the truck to Orange's Sister City, Queretaro,
Mexico for fair market value.
7.3 Request for Modification of the Current Military Banner Program. (C2500.N)
Discussion — Community Services Director Marie Knight gave a staff report stating that the
expansion is to include a gold star banner to honor those who have been killed in the line of
duty. The banners are to be placed in Depot Park, and after a year presented to the family. She
further stated the installation of the banners would occur in May and November to coincide
with Memorial and Veterans Days, and all banners are to be paid for through contributions.
MOTION - Cavecche
SECOND - Whitaker, Smith, Dumitru, Bilodeau
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve an Amendment to the current Military Banner Program to include a gold
star banner honoring those who have been killed in the line of duty; the banners to be displayed
at Depot Park; presented to family after a year; installed on same cycle as current banners; and
paid for through contributions.
8. REPORTS FROM CITY MANAGER
8.1 Community Services Program Review (Continued from March 22, 2011).
Discussion — Community Services Director Marie Knight provided a report on the impacts of
budget reductions.
Council discussed the possibility of private operators of City facilities and programs given the
limited staff, fee increases, non - resident fees, scholarships by non - profit organizations to assist
with after - school programs, making more of an effort to publicize the need for assistance with
special events, determining what the current city staff can do and do well, consolidating
programs, and cited the need for an overall analysis and prioritization of programs, stressing
the need for maintaining services related to safety.
Councilmember Dumitru suggested an amendment to the Orange Municipal Code to identify
the level of the City's catastrophic reserve and what it can be used for; suggesting it not be
used for normal city operations, and that it require a 4 /5 vote to amend.
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CITY COUNCIL MINUTES April 12, 2011
9. LEGAL AFFAIRS
9.1 RESOLUTION NO. 10544 (A4000.0 APP - 0528 -11)
A Resolution of the City Council of the City of Orange Denying Appeal No. 0528 -11 and
Approving Design Review Committee No. 4508 -10 and Administrative Adjustment No. 185-
10 Allowing Construction of a 450 Square Foot Addition with a Reduction in Building
Separation between the New Addition and Existing One Car Detached Garage for the Property
Located at 626 West Culver Avenue.
Applicant: Doug Ely, DSE Architecture
Appellant: Old Towne Preservation Association
MOTION - Dumitru
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10544.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 7:10 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Govt. Code Section 54957.6:
City Negotiators: Assistant City Manager Rick Otto
Human Resources /Employee Relations Director Steven Pham
Assistant Human Resources Director Mike Harary
Attorney Jeffrey Freedman
Employee Organizations: All Bargaining Units
b. Conference with Legal Counsel — existing litigation pursuant to Govt. Code section 54956.9.
Name of case: ACLU v. Tony Rackaukus, et al., United States District Court Case
No.: SACV 09- 1090 -VBF (RNBx)
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.
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CITY COUNCIL MINUTES April 12, 2011
7:00 P.M. SESSION
12. PUBLIC COMMENTS - Richard Johnson gave an invitation to the 25 Annual AIDS
Walk OC to be held at the Disney Resort on May 1St
13. PUBLIC HEARINGS
13.1 FY 2011 -12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM; AND HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM.
(C2500.G.1.3)
Time set for public hearing to consider allocation of CDBG funds; and allocation of HOME
funds for affordable housing projects.
HUD has not notified the City of its FY 2011 -12 CDBG entitlement amount. Therefore, the
total proposed budget of $1,378,383 is based on an estimated FY 2011 -12 CDBG entitlement
amount of $1,328,383, and assumes that $50,000 in prior year CDBG funds would be
rebudgeted for FY 2011 -12.
HUD has not notified the City of its FY 2011 -12 HOME entitlement amount. Therefore, staff
is estimating the HOME grant will be $596,548. As in previous years, staff is proposing to
allocate the funds for affordable housing projects that are identified during the year. Proposed
projects will be subject to City Council approval.
Discussion — Senior Housing Manager Mary Ellen Laster provided the staff report, stating that
the anticipation was for a 7.5% decrease from the past year's allocations. She clarified for
Council that Women's Transitional Living Center, located in Fullerton, is funded
proportionately to the number of Orange residents they serve.
Councilmember Dumitru commented on approval of the funding for Paint Your Heart Out, Inc.
being conditioned on their correcting their suspended 5016 designation, as identified on the
Secretary of State website.
MAYOR CAVECCHE OPENED THE PUBLIC HEARING.
Speakers
Cathy Seelig, Friendly Center
Sue Counts, Assistance League of Orange
Tom Maldonado, Senior Center
MAYOR CAVECCHE CLOSED THE PUBLIC HEARING.
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CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
April 12, 2011
PROJECTS /PROGRAMS
Amount
Requested
Committee
Recommendations
ADMINISTRATION - 20% Budget Cap is $ 265,677
City Departments - Economic Development
Program Administration (Salaries & Benefits, Mainknance & operations, and Contingency)
$ 238,569
$ 2 3 8, 5 69
City Departments Administration Subtotal
238,569
238,569
Nonprofit Agencies
Orange County Fair Housing Council
27,108
27,108
Nonprofit Agencies Administration Subtotal
27,108
27,108
ADMINISTRATION TOTAL
265,677
265,677
PUBLIC FACILITIES /IMPROVEMENTS/REHABILITATION
Budget is $913,449
City Departments - Public Works (listed in priority order
Tularosa Avenue Neighborhood - Alley Reconstruction and Overlay
$300,000
$ 300,000
Highland Street Neighborhood - Alley Reconstruction
220,000
220,000
Compton Avenue Neighborhood - Street Overlay
215,000
215,000
Hewes Street Alley Reconstruction - Chapman Avenue to 11 S' north of Chapman
18,000
18,000
ADA Access Ramps - Citywide
200,000
95,109
City Departments Facilities /Improvement /Rehabilitation Subtotal
953,000
848,109
Nonprofit Agencies
Helping Our Mentally Ill Experience Success, Inc. - Riley House Rehabilitation
1 0,340
10,340
Orange Elderly Services, Inc. - Kitchen Appliance Replacement
35,000
35,000
Paint Your Heart Out, Inc. - Orange Paint Day
20,000
20,000
Nonprofit Agencies Public Facilities /Improvements /Rehabilitation Subtotal
65,340
65,340
PUBLIC FACILITIES /IMPROVEMENTS/REHABH ITATION
TOTAL
1,018,340
913,449
PUBLIC SERVICES - 15% Budget Cap is $ 199,257
City Departments - Community Services
El Camino, Prospect /Grijalva & Killefer After - School Community Programs
43,170
43,170
City Departments - Police
Bike Team Pro
120,000
120,000
City Departments Public Services Subtotal
163,170
163,170
Nonprofit Agencies
Assistance League of Orange - Operation School Bell
6,000
6,000
Friendly Center, Inc. - Emergency Assistance and Supplemental Food Programs
1 0,000
7,500
Lestonnac Free Clinic - Diabetic Sanctuary
10,000
7,500
Mariposa Women and Family Center - Community Counseling Program
7
Women's Transitional Living Center, Inc. - Independence from Dependence
10,000
YWCA Central Orange County - First Steps at Beverly's House
7,500
5,087
Nonprofit Agencies Public Services Subtotal
51,000
36,087
PUBLIC SERVICES TOTAL
214,170
199,257
GRAND TOTAL
$1,498,187
$1,378,383
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CITY COUNCIL MINUTES April 12, 2011
13. PUBLIC HEARINGS (Continued)
Community Development Block Grant Program
1) Approve the funding recommendations of the CDBG Program Committee for the
City's FY 2011 -12 CDBG Program;
2) Authorize staff to adjust the CDBG allocations after the US Department of Housing
and Urban Development (HUD) notifies the City of its actual entitlement amount;
3) Authorize staff to request and receive its FY 2011 -12 CDBG entitlement from HUD,
and rebudget $50,000 of CDBG funds from prior years; and
4) Authorize the City Manager or his designee to execute FY 2011 -12 Memoranda of
Understanding with City Departments, Subrecipient Agreements with nonprofit
agencies, and all related CDBG Program documents.
MOTION
- Bilodeau
SECOND
- Smith
AYES
- Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Recommendations 1 — 4 with the condition that Paint Your Heart Out, Inc.
rectify their 5016 status suspended by the Secretary of State, prior to receiving funding.
HOME Investment Partnerships Act Program
1) Authorize staff to adjust the HOME budget and allocations after HUD notifies the City
of its actual entitlement amount;
2) Authorize staff to request and receive its FY 2011 -12 HOME entitlement from HUD;
3) Authorize the City Manager or his designee to execute the FY 2011 -12 HOME
Program Grant Agreement and all related documents on behalf of the City.
MOTION - Bilodeau
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Recommendations 1 — 3.
13.2 COOPERATION AND REIMBURSEMENT AGREEMENT —
CONSTRUCTION OF PROPOSED METROLINK PARKING STRUCTURE.
(A2100.0 Agr -5750)
Time set for a joint public hearing of the City Council of the City of Orange and the Board of
Directors of the Orange Redevelopment Agency to consider a Cooperation and Reimbursement
Agreement between the City and Agency relating to construction of the proposed Metrolink
Parking Structure project.
(See related Redevelopment Agency Minutes Item No. 11. 1.)
NOTE: Councilmember Whitaker recused himself from the meeting due to a conflict of
interest with his employment; and left the dais.
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CITY COUNCIL MINUTES April 12, 2011
13. PUBLIC HEARINGS (Continued)
Discussion — Project Manager Barbara Messick gave the staff report.
Assistant City Attorney Ted Reynolds clarified the Council did not need to make a blight
finding since the area in question was determined to be blighted when the redevelopment plan
was created. He further stated that the Council is required to find that the project would help
eliminate blight, which could be found from the synergistic effect that the project would have
upon surrounding land uses.
Councilmember Dumitru asked whether a private investor had been sought to develop the
components of the project that City staff described as a possible grocery store and retail
components.
Ms. Messick stated that private investors would have to own the land to invest in it, and that
working with a consultant it was determined that a grocery store would be feasible, and that
once the City found a tenant, the building of the shell could begin.
Mayor Cavecche clarified that the focus of the discussion was on the parking and retail
components; stated the need for more parking in the downtown area, and stated her support for
the recommendation of utilizing future funding.
Councilmember Bilodeau stated opposition to obligating funds for the core and shell, but
agreed to building the parking structure.
Mayor pro tem Smith agreed with utilizing future funds, stating that there is a need for more
parking and a retail component has always been part of the plan.
Councilmember Dumitru offered agreement with the parking structure, but stated private
investors should be looking into retail opportunities, and that he would not support the retail
portion without clearly identifying the funding.
Ms. Messick stated staff could obtain community input on designs of the parking structure and
continue efforts to contact private developers to build the core and shell for retail uses. She
explained the requirements for connecting to the historic neighborhood according to the
Secretary of the Interior standards, and reiterated that the Orange County Transportation
Authority would fund the parking structures.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT (RECUSED) - Whitaker
Moved to continue to no date certain.
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CITY COUNCIL MINUTES
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT — The City Council adjourned at 8:50 p.m.
The next Regular City Council Meeting is scheduled for April 26, 2011.
April 12, 2011
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of April 12, 2011 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.
M Y E. URPHY
CITY CLERK
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