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HomeMy WebLinkAbout06-08-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 13, 2010 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA June 8, 2010 The City Council of the City of Orange, California convened on June 8, 2010 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 Orlando Barela, Household of Faith 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Mark A. Murphy 1.3 ROLL CALL PRESENT -Murphy, Cavecche, Dumitru, Bilodeau ABSENT -Smith (arrived at 5:00 p.m.) 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from the Orange Public Library Foundation. 2. PUBLIC COMMENTS -Raymond Herrera, spoke about American culture. Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR June 8, 2010 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 May 20 and 27, 2010. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of May 25, 2010. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Agreement between the City of Orange and Orange County Sanitation District to formally transfer ownership of certain local sewer systems from the Sanitation District to City of Orange. (A2100.0 Agr- 5565)ACTION: Approved the Sanitary Sewer Transfer Agreement and authorized the Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEPARATELY)3.5 Agreement between Wittman Enterprises and the City of Orange for Emergency Medical Transportation (EMT) Program billing services through a Cooperative Agreement. (A2100.0 Agr- 2599.G)Discussion - In response to questions from Councilmember Dumitru, staff noted there is a cancellation clause in this agreement.MOTION Dumitru SECOND Murphy AYES Murphy, Cavecche, Dumitru, Bilodeau ABSENT Smith Moved to approve and authorize the Mayor and City Clerk to execute an agreement on behalf of the City. Page 2 CITY COUNCIL MINUTES June 8, 2010 3. CONSENT CALENDAR (Continued) 3.6 Second Amendment to Agreement with the law firm of Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP to provide legal services in condemnation matters. A2100.0 Agr-2794.G. 2)ACTION: Approved a Second Amendment to the Attorney Services Agreement and authorized the Mayor and the City Clerk to execute on behalf of the City. APPROPRIATIONS 3.7 Transfer of Money from Capital Improvement Program Project 18119, Well 27 Construction, to Project 18214, Well Rehabilitation, in the amount of $6,798. 90.C2500.P. 3)ACTION: Approved transfer of $6,798.90 from Account 601.8011.56411.18119 ( Well 27 Construction) to Account 601.8011.56411.18214 (Well Rehab).REMOVED AND HEARD SEPARATELY)3.8 Request to accept into the City's revenue budget and to appropriate a $ 100 donation from the Orange Community Historical Society and a $100 donation from Felix Continental Cafe for the Shades of Orange: El Modena dedication event.C2500. I)Discussion - Councilmember Bilodeau suggested the Council be able to authorize the City Manager to accept donations of a certain amount without Council approval. However, Council wanted to make sure there was recognition given to those who donate. MOTION -Bilodeau SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith Moved to accept into the City'srevenue budget a $100 donation each from the Orange Community Historical Society and Felix Continental Cafe, into revenue account 100. 2016.48390.20035 (Local History Donations); and 2) Appropriate the $200 donations into account 100.2016.53340.20035 (Craft Supplies).CONTRACTS 3. 9Award of Contract for Bid No. 090-02; Santiago Creek Bike Trail, Tustin to Collins Segment to 4-Con Engineering Inc. (A2100.0 Agr-5566)ACTION: 1) Excused the apparent lowest bidder, Adams Mallory Construction Company,Inc. from performing Bid No. 090-02; 2) Approved and award Bid No. 090- 02 to the next lowest responsible and responsive bidder, 4-Con Engineering, Inc., and authorize the Mayor and City Clerk to execute the contract on behalf of the City; 3) Authorized the City's Director of Community Services to approve and execute any contract change orders deemed necessary and appropriate during the course of construction in the amount, in the aggregate, of 10% of the contract amount; and 4) Appropriated $ 20,000 to cover contract maintenance costs for thetrailto Account 100. CITY COUNCIL MINUTES June 8, 2010 3. CONSENT CALENDAR (Continued) 3.10 Final Acceptance of Bid No. 089-40 Pipeline Renewal Project for Fiscal Year 2008-2009, and authorization to file Notice of Completion with the County Recorder No staff report required). (A2100.0 Agr-5452)ACTION: Accepted public work improvements; authorized release of Hartford Fire Insurance Company, Bond No. 72BCSFI1543, in the amount of $885,310. 00 and authorized the Mayor and City Clerk to execute the Notice ofCompletion.3.11 Award of contract for Bid No. 090-32, SP- 3725; Community Development Block Grant (CDBG) FY 2009-10 Street Rehabilitation and Reconstruction Project:West Philo Avenue, Park Street, Marmon Avenue, Hamlin Street, Espanita Street,East Philo Avenue, Via Lardo Avenue, Century Drive, Wilson Avenue,Washington Avenue and Earlham Street improvements. (A2100.0 Agr-5567)ACTION: 1) Awarded the contractin the amount of $ 758,910.00 to All American Asphalt, and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City; and 2) Approved the transfer of funds among the following accounts:CDBG-R From To Amount 311.9660.56330.20002 (Oak Street Alley) 311.9660.56330.20003 (Wayfield St. Alley) 311.9660.56330.20004 (Park Lane Alley)311.9660.56330.20005 (Park Lane)311.9660.56330.20006 (Wayfield Street) 311.9660.56330.20007 (Park Central Alley)311. 9660.56330.20008 (Sunningdale Alley)CDBG From 310.9645.56330.13084 (West Philo Ave) 310.9645.56330.13084 (West Philo Ave)310.9645.57130. 11070 (Contingency)310.9645. 57130.11070 (Contingency)310-9645. 57130.11070 (Contingency)310.9645. 57130.11070 (Contingency)310.9645.57130. 11070 (Contingency)310.9645.56330.13097 ( Wilson Ave.)310.9645.56330.13097 (Wilson Ave.)311.9660.56330.13084 (W. Philo Ave.)311.9660.56330.13084 (W. Philo Ave.)311.9660.56330.13084 (W. Philo Ave.)311.9660.56330.13084 (W. Philo Ave.)311.9660.56330.13084 (W. Philo Ave.)311.9660.56330.13084 (W. Philo Ave.) 311.9660.56330.13084 (W. Philo Ave.)To310.9645.56330.13082 ( Park St.)310.9645.56330.13086 ( Marmon Ave.)310.9645.56330.13078 ( Hamlin St.)310.9645.56330.13079 (Espanita St.)310.9645.56330.13080 (E. Philo Ave.)310.9645.56330.13081 ( Via Lardo)310.9645.56330.13098 ( Century Dr.)310.9645.56330.13085 ( Washington St ) 310.9645. 56330.13083 (Earlham St.)344.27 451.272, 372.509, 566.0320, 477. 24 5,063. 50 2,128. 00 Amount14, 672.0018, 905.0025, 550.0011, 046.007, 305.003, 222.009, 946.00 25,763.00 1,416.00 3.12 Contract Change Order No. 3 and Final Payment; Bid. No. 089-40; Pipeline Renewal Project for Fiscal Year 2008-2009. (A2100.0 Agr-5452)ACTION: ApprovedContract Change Order No. 3 in the amount CITY COUNCIL MINUTES June 8, 2010 3. CONSENT CALENDAR (Continued) DONATIONS 3.13 Donate two surplus Fire Engines to the Santa Ana College Basic Fire Academy Fire Technology Program. (C2500.H) ACTION: Authorized the Fire Department and Fleet Services to donate two surplus Fire Engines to the Santa Ana Basic Fire Academy. PURCHASES 3.14 Purchase of LED Yellow and Pedestrian Traffic Signal Indicators through a Cooperative Purchasing Agreement using Energy Efficiency and Conservation Block Grant. (54000.S.3.3) ACTION: Authorized the purchase of LED Yellow and Pedestrian Traffic Signal indicators in an amount not to exceed $93,000 from JAM Services, Inc. of Livermore, CA through a Cooperative Purchasing Agreement with the County of Sacramento, CA. 3.15 Purchase Firefighter uniforms and accessories from Gall's Uniform Center through a Cooperative Purchasing Agreement. (C2500.H) NOTE: Councilmember Jon Dumitru recorded a no vote on this item. ACTION: Authorized the purchase of Fire Department safety clothing from Gall's Uniform Center in the amount of $50,000. RESOLUTIONS 3.16 RESOLUTION NO. 10463 (E1100.0) A Resolution of the City Council of the City of Orange Calling for the Holding of a General Municipal Election to be held on Tuesday, November 2, 2010, for the Election of Certain Officers as Required by the provisions of the Laws of the State of California relating to General Law Cities. ACTION: Approved. 3.17 RESOLUTION NO. 10464 (E1100.0) A Resolution of the City Council of the City of Orange Requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 2, 2010, with the Statewide General Election to be Held on the Date pursuant to Section 10403 of the Elections Code. ACTION: Approved. Page 5 CITY COUNCIL MINUTES June 8, 2010 3. CONSENT CALENDAR (Continued) 3.18 RESOLUTION NO. 10465 (E1100.0) A Resolution of the City Council of the City of Orange Adopting Regulations for Candidates for Elective Office pertaining to Candidate's Statements submitted to the Voters at an Election to be held on Tuesday, November 2, 2010. ACTION: Approved. 3.19 RESOLUTION NO. 10466 (E1100.0) A Resolution of the City Council of the City of Orange Providing for the Conduct of a Special Runoff Election for Elective Offices in the event of a tie vote at a Municipal Election. ACTION: Approved. 3.20 RESOLUTION NO. 10467 (L1200.0 LMD-86-2 Santiago Hills)A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 86-2 (Santiago Hills), declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2010-2011; to set a time and place for a Public Hearing to receive public testimony on the foregoing matters; and to give preliminary approvalto the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2 (Santiago Hills).NOTE: Staff requested this hearing be set for July 27, 2010.NOTE: Councilmember Bilodeau recorded a NO vote on this item.ACTION: Adopted Resolution No. 10467, declaring the City's intent to provide for an annual levy and collection of assessments for Fiscal Year 2010-2011, to set July 27,2010 as the date for a Public Hearing, and give approval to the CITY COUNCIL MINUTES June 8, 2010 3. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELI~ 3.21 RESOLUTION NO. 10468 (L1200.0 LMD-94-1 Sycamore Crossing)A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2010-2011;and to set a time and place for a Public Hearing to receive public testimony on the foregoing matters; and to give preliminary approvalto the Certified Engineer's Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing)NOTE: Staff requested this hearing be set for July 27, 2010.Speaker -Rich Robertson, requested that the City consider maintaining the asphalt portion of the trail and the railings as a compromise towards the trail maintenance.Mayor Cavecche noted she would be interested in reviewing the trail maintenance issue at the hearing.Councilmember Dumitru noted this Resolution sets a hearing so the residents will have a voice in determining the fees that are established. MOTION - Dumitru SECOND -Murphy AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT -Smith Moved to: 1) Adopted Resolution No. 10468 declaring the City's intent to provide for an annual levy and collection of assessments for Fiscal Year 2010- 2011, to set July 27,2010 as the date for a Public Hearing, and giveapproval to the Preliminary Engineer's Report; and 2) Authorized appropriation of $7,163 from the unreserved fund balance of the Sycamore CrossingFund 293 to 293-7026-50101. 3.22 RESOLUTION NO. 10469 (C2500.J)A Resolution of the City Council of the City of Orange expressing appreciation to Jeanne Arehart and commending her for twenty-one years of CITY COUNCIL MINUTES June 8, 2010 3. CONSENT CALENDAR (Continued) 3.23 RESOLUTION NO. 10476 (H1200.0) A Resolution of the City Council of the City of Orange supporting the findings of the Villa Park Road Master Plan of Arterial Highways Amendment Study. ACTION: Approved. 3.24 RESOLUTION NO. 10479 (H1200.0) A Resolution of the City Council of the City of Orange supporting the findings of the Chapman Avenue and Glassell Street Master Plan of Arterial Highways Downgrade Traffic Study. ACTION: Approved. MOTION - Dumitru SECOND - Murphy AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith Items 3.5, 3.8 and 3.21 were removed and heard separately. Councilmember Dumitru recorded a No vote on Item 3.15. Councilmember Bilodeau recorded a No vote on Item 3.20. All other items were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE 4. 1Consideration of re-appointment of Marianne Hugo and Jonell Schlund to the Orange Public Library Board of Trustees. (C2500.I.2) MOTION - Dumitru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to reappoint Marianne Hugo, term to expire June 30, 2013; and Jonell Schlund, term to expire June 30, 2012.Page 8 CITY COUNCIL MINUTES June 8, 2010 4. REPORTS FROM MAYOR CAVECCHE (Continued) 4.2 Consideration of appointment of Steven Freeman to the Orange Public Library Board of Trustees. (C2500.I.2) MOTION -Dumitru SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint Steven Freeman, term to expire June 30, 2011. 4.3 Consideration of appointment of Jerro Otsuki to the Audit Committee. MOTION -Dumitru SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint Jerro Otsuki, term to expire January 30, 2011. 4.4 Accept letter of resignation from Scott Steiner from the Orange Planning Commission. (C2500.G.2.5.1) MOTION Murphy SECOND Cavecche AYES Smith, Murphy, Cavecche, Bilodeau ABSTAIN Dumitru Moved to accept, with regrets, resignation of Scott Steiner 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Jon Dumitru -Resolution No. 10481 and Resolution No. 10482 regarding support for the State of Arizona's recent stand on Illegal Immigration. I1400.0) NOTE: Mayor pro tem Smith recused herself due to a potential conflict of interest with her employment; as her employer has a working relationship with the U.S. Department of Immigration; and left the dais. Discussion - Councilmember Dumitru stated his reasons for sponsoring these resolutions:Resolution No. 10481 - He stated the American citizens are frustrated by the federal government's lack of action on the illegal immigration issue; and desire for enforcement in California, expressed by voters in 1994 with overwhelming support for Proposition 87 that has since been overturned by the courts. He noted that since the passage of Arizona's SB 1070,other states have followed Arizona's lead and introduced their own bills mirroring that law.Page 9 CITY COUNCIL MINUTES June 8, 2010 5. REPORTS FROM COUNCILMEMBERS (Continued) He addressed some of the public's concern that this legislation would lead to racial profiling, stating that the bill specifically prohibits this action as a cause for checking a person's residency status. He added that his main concern is that persons residing here in the United States are here legally, regardless of dialect, ethnicity, or color. He shared his father's story of being a legal immigrant and commented that illegal immigration is a slap in the face to any legal immigrant that followed the proper course of action to pursue legal residency. He added that Arizona passed HB2162 to specifically forbid racial profiling. Resolution No. 10482 - Hestated that this resolution memorializes what is already being done in the City of Orange in being a rule of law city -working with Immigrations and Customs Enforcement ( ICE), and under US Immigration Code Title 18, Section 1373 checking an arrested person'slegal status. He stated the resolution states support for the City police department and their work to enforce the law. He noted council's past actions regarding the day laborer issue and its related safety issues, and the boarding house issue.He added that he had received over 1200 e-mails, the majority in support of this action. beakers: In favor Jeanne Shirley Mary Kovach Elaine Proko Ron Bell Jennifer Abrigo Morgan Gieen Robert Lauten Vaughn Becht Raymond Herrera Robin Hvidsten Justin Wilde Robert Delaney Carl Cullings Nate Wisely Deborah Pauly John Anderson Michael Merino Karl Adamowicz Gerry Nance Greg Gillaspy Gordon Tatro In opposition Will King Sandy Stiassni Reggie Mundekis Benny Diaz Vital del Campo Wayne King Rebekah Munson Armando Cepeda David Sonneborn Ross Romero Celia Garcia Yolanda Alvarez Charles Conlin James Lozano Lorenzo Gonzales Jose Velasquez Julie Herrick Page 10 CITY COUNCIL MINUTES June 8, 2010 5. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Cavecche stated that United States cannot have open borders if the welfare system continues in its present form. She noted that Arizona is having an extremely difficult time with crime, and that it was incredulous that cities in California would take derogatory actions toward Arizona; and that once Los Angeles decided to take action against Arizona, it opened the doors for all cities to take action. She stated that the City of Orange is not a racist community, and noted the contributions of the Hispanic community in the City's history. She reiterated that the resolutions basically say that Orange supports Arizona businesses and residents and restates what the policy is of this city in enforcing laws. Councilmember Murphy stated his appreciation for the mutual respect shown at the meeting and the spirit of the debate, but had no reservations with supporting the resolutions as they are a way of supporting Arizona businesses and residents in their efforts to address the impact of illegal immigration and encourage free trade, and confirms support for federal immigration laws. He commended Councilmember Dumitru for bringing this item forward. Councilmember Bilodeau stated his agreement with passage of these resolutions. He shared his story regarding his immigrant parents and himself being afirst-generation, American-born citizen in his French Canadian family.Councilmember Dumitru expressed his appreciation for the civility of the debate and the opportunity for everyone to have a voice, noting the importance for voters to know where the Council stands on issues. He noted that while some agencies cite Arizona law as being unconstitutional, boycotting a state is also unconstitutional; and also supports the enforcement of immigration laws and the Orange Police efforts in checking immigration status.RESOLUTION NO. 10481 A Resolution of the City Council of the City of Orange, California, Supporting Arizona Businesses and Residents.MOTION - Dumitru SECOND - Bilodeau AYES -Murphy, Cavecche, Dumitru, Bilodeau ABSTAIN (RECUSED) - Smith Moved to approve Resolution No. 10481.Page CITY COUNCIL MINUTES June 8, 2010 5. REPORTS FROM COUNCILMEMBERS (Continued) RESOLUTION NO. 10482 A Resolution of the City Council of the City of Orange, California, Supporting Enforcement of Federal Immigration Laws. MOTION - Dumitru SECOND - Murphy AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSTAIN ( RECUSED) -Smith Moved to approve Resolution No. 10482.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None 7. ADMINISTRATIVE REPORTS 7. 1Report on an Agreement relating to the Construction of a Roadway serving The Block at Orange. (A2100.0 Agr-5568) See related Redevelopment Agency Minutes Item No. 7.1.) NOTE: Mayor pro tem Smith recused herself due to a potential conflict of interest with her employment; as her employer has a financial relationship with one of the consultants on this matter; and left the dais. RESOLUTION NO. 10442 A Resolution of the City Council of the City of Orange making certain findings under the Community Redevelopment Law relating to the construction and acquisition of a public roadway serving a retail shopping center commonly known as the Block at Orange within the Orange Merged and Amended Redevelopment Project Area; and approving and authorizing the execution of a Cooperation Agreement with the Orange Redevelopment Agency. MOTION -Murphy SECOND -Cavecche AYES -Murphy, Cavecche, Dumitru, Bilodeau ABSTAIN (RECUSED) -Smith Moved to approve Resolution No. 10442. Page 12 CITY COUNCIL MINUTES June 8, 2010 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Report on the Sale of Certain City-Owned Parking Lots.A2100.0 Agr-5570; 5571; 5572)See related Redevelopment Agency Minutes Item No. 7.2.)RESOLUTION NO. 10471 A Resolution of the City Council of the City of Orange authorizing the sale of that certain city-owned parking lot generally located on the west side of Orange Transportation Center between Palm Avenue and Chapman Avenue to the Orange Redevelopment Agency for redevelopment purposes.RESOLUTION NO. 10472 A Resolution of the City Council of the City of Orange authorizing the sale of city-owned parking lots generally located on the east side of North Olive Street south of Maple Avenue to the Orange Redevelopment Agency for redevelopment purposes. RESOLUTION NO. 10473 A Resolution of the City Council of the City of Orange authorizing the sale of city-owned parking lots generally located on the west side of North Orange Street south of Maple Avenue to the Orange Redevelopment Agency for redevelopment purposes. MOTION -Smith SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10471, Resolution No. 10472, and Resolution No. 10473.7.3 Report on the Use of McPherson Athletic Field. (N1200.0 Neg-1527-97)Discussion -City Attorney David DeBerry provided the staff report on the South Sunrise Little League's (SSLL) request for simultaneous use of the baseball fields for games and the soccer fields for practices.Community Services Director Marie Knight provided a history of the use of the fields; and the issues that have arisen and how they have been addressed with the neighbors regarding noise,parking, errant balls, and the number of people concurrently utilizing the fields.Speakers -Carolyn O'Grady, SSLL Mary Chilla Erick Larsh John Valantine Vince Brown Jim Watson, OJSC Stephen Morton Steven Borden, spoke CITY COUNCIL MINUTES June 8, 2010 7. ADMINISTRATIVE REPORTS (Continued) Councilmember Bilodeau stated he had reviewed the traffic study and was satisfied that the parking could accommodate traffic during simultaneous use, adding that he supported the little league's request. Councilmember Dumitru stated that he interpreted the Mitigated Negative Declaration (MND) as precluding simultaneous baseball and soccer use from occurring; that the use of the fields was intended for one sport at one time. He added that he supported the little league's request. Councilmember Murphy stated his recollection of the original discussion centered around using the fields for one sport at a time; noting his preference was for an interpretation of the MND rather than going back through the entire CEQA process. He stated his approval of the baseball teams using the soccer fields for practice at identified times. Mayor pro tem Smith stated her concern for impacts on the neighborhoods. She suggested that if the MND were to be reviewed, the proper process for amending it should be followed. Mayor Cavecche added that this was a unique situation, and that her concern is keeping the number of players in check for parking, but did not mind spreading people out to other fields for the same use. Stephen Crouch, registered civil engineer and SSLL volunteer parent, stated that he prepared a revised parking study to include the use of the baseball fields and the soccer fields by the little league simultaneously, and that there exists adequate parking for the requested use. City Attorney David DeBerry reported that traffic impacts are not relevant to this council decision, but only the interpretation of a specific mitigation measure; as traffic impacts were studied as part of the original MND and not subject to challenge at this meeting. Councilmember Bilodeau stated his request that SSLL work with staff on the fields, including ensuring that soccer fields are repaired or temporary back stops are installed MOTION -Bilodeau SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to override the staff interpretation and find that mitigation monitoring program permits South Sunrise Little League to use soccer fields for practices simultaneous with use of baseball fields for games.Page 14 CITY COUNCIL MINUTES June 8, 2010 8. REPORTS FROM CITY MANAGER 8.1 Status of the Proposed Fiscal Year 2010-2011 Budget. (C2500.J.1. 1)Discussion -City Manager John Sibley provided a report on the status of the 2010-2011 Budget, stating that the approval of the requested action would give his office the necessary tool to address the anticipated shortfall in revenues.Mayor Cavecche clarified that Council would first receive notification of any action proposed to be taken.Mayor pro tem Smith reiterated her opposition to closing any libraries, unless absolutely necessary.Mr. Sibley reported that if the closure of branch libraries was proposed, it would be considered as part of the FY 10-11 budget hearing and would require council concurrence.MOTION - Murphy SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to authorize the City Manager to implement additional budget reduction measures including layoffs and service level reductions after notification and final confirmation by the City Council. 9. LEGAL AFFAIRS 9.1 ORDINANCE N0.6-10 (SECOND READING) (A2500.0 Ord-06-10)An Ordinance of the City Council of the City of Orange amending Chapter 7.01 of Title 7 of the Orange Municipal Code pertaining to Water Quality and Storm Water Discharges.MOTION -Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 6-10 be read by title only and the same was approved and adopted CITY COUNCIL MINUTES 10. PUBLIC HEARINGS June 8, 2010 10.1 ORANGE CITY MILLS LIMITED PARTNERSHIP (THE BLOCK AT ORANGE) CANCELLATION OF DEVELOPMENT AGREEMENT ORD 4- 04;REVOCATION OF MAJOR SITE PLAN REVIEW MJSP 297-03 AND MJSP 300-03;REVOCATION OF CONDITIONAL USE PERMITS CUP 2461- 03, CUP 2462-03 AND 2463-03. (A2100.0 Agr-4423)Time set for public hearing to consider the cancellation of the Development Agreement and revocation of Major Site Plan Reviews (MJSP 297-03 and MJSP 300-03) and Conditional Use Permits (CUP 2461-03, CUP 2462-03, 2463-03) -The Block at Orange located at 20 City Boulevard West.NOTE: Mayor pro tem Smith recused herself due to a potential conflict of interest with her employment; as her employer has a financial relationship with one of the consultants on this matter; and left the dais.THE MAYOR OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.ORDINANCE N0.9-10 (FIRST READING)An Ordinance of the City Council of the City of Orange approving cancellation of a Development Agreement by and between the City of Orange and Orange City Mills Limited Partnership, a Delaware Limited Partnership, relating to The Block at Orange.MOTION -Cavecche SECOND -Bilodeau AYES -Murphy, Cavecche, Dumitru, Bilodeau ABSTAIN (RECUSED) -Smith Moved that Ordinance No. 9-10 be read by title only and same was set for second reading.RESOLUTION NO. 10474 A Resolution of the City Council of the City of Orange approving and authorizing revocation of Major Site Plan Review 297-03, Major Site Plan Review 300-03, Conditional Use Permit No. 2462-03, Conditional Use Permit No. 2463-03, and Conditional Use Permit No. 2461-03 for a retail shopping center commonly known as The Block at Orange.MOTION - CITY COUNCIL MINUTES June 8, 2010 10. PUBLIC HEARINGS (Continued) 10.2 ORANGE CITY MILLS LIMITED PARTNERSHIP (THE BLOCK AT ORANGE) ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT (ENV 1721-03); MAJOR SITE PLAN REVIEW (MJSP 0558-08); CONDITIONAL USE PERMIT (CUP 2725-08); AND DESIGN REVIEW COMMITTEE (DRC 4370- 08).C3300.0 CUP-2725-08)Time set for public hearing to consider a proposal toconstruct a project consisting of 105,000 square feet of retail on the east side of the property adjacent to the Alcatraz Restaurant at The Block at Orange, 20 City Boulevard West.NOTE: Mayor pro tem Smith recused herself due to a potential conflict of interest with her employment; as her employer has a financial relationship with one of the consultants on this matter; and left the dais.Discussion -Community Development Director Alice Angus gave the staff report. THE MAYOR OPENED THE PUBLIC HEARING.Mayor Cavecche acknowledged the developer for their positive close working relationship with the City. THE MAYOR CLOSED THE PUBLIC HEARING.RESOLUTION NO. 10475 A Resolution of the City Council of the City of Orange approving the Addendum to Final Environmental Impact Report No. 1721-03, Major Site Plan Review No. 0558-08, Conditional Use Permit No. 2725-08 and Design Review Committee No. 4370-08 to allow for the development of 105,000 square feet of commercial space on property located at 20 City Boulevard West.Applicant: Orange City Mills I Limited Partnership, Orange City Mills II Limited Partnership,Orange City Mills III Limited Partnership (collectively referred to as Orange City Mills Limited Partnership)MOTION -Murphy SECOND -Bilodeau AYES -Murphy, Cavecche, Dumitru, Bilodeau ABSTAIN ( CITY COUNCIL MINUTES June 8, 2010 10. PUBLIC HEARINGS (Continued) 10.3 FISCAL YEAR 2010-2011 BUDGET. (C2500.J.1. 1)Time set for public hearing to consider the City of Orange Fiscal Year 2010- 11 Budget.Discussion -Finance Department Director Rich Jacobs gave the staff report, noting this Resolution continues the current FY 09-10 budget into next Fiscal Year; and that the final FY 10-11 budget will be brought back for Council approval hopefully in July or August.THE MAYOR OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.RESOLUTION NO. 10480 A Resolution of the City Council of the City of Orange continuing said City's Operating Budget for the Fiscal Year 2009-2010 into Fiscal Year 2010-2011 and adopting the Capital Improvement and Debt Service Budget for the Fiscal Year 2010-2011.MOTION -Murphy SECOND - Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10480.11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Attorney reported on a need to discuss a matter during Closed Session regarding the County's proposal to house ICE detainees at the Theo Lacy jail.NOTE: Councilmember Bilodeau recused himself due to a potential conflict of interest with his employment; and left the dais.Conference with LegalCounselpursuant to Government Code Section 54956.9(b) -Anticipated Litigation - Significant One Potential Case - Theo Lacy MOTION -Cavecche SECOND - Murphy AYES -Smith, Murphy, Cavecche, Dumitru ABSENT (RECUSED) -Bilodeau Moved that there is a need to take immediate action on the item pertaining to the Theo Lacy Jail and the need to take action came to the attention of the City after the posting of the agenda;and the item was added to CITY COUNCIL MINUTES June 8, 2010 12. RECESS TO CLOSED SESSION (Continued) The City Council recessed at 9:05 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: City Manager John Sibley Deputy City Manager Rick Otto Human Resources/Employee Relations Director Steven Pham Assistant Human Resources Director Mike Harary Employee Organizations: City of Orange Police Association City of Orange Police Management Association City of Orange Firefighters Association City of Orange Firefighters Management Association Executive Directors and Top Management b. 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. 13. ADJOURNMENT -The City Council adjourned at 10:15 p.m. The next Regular Council Meeting is scheduled for June 22, 2010 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of June 8, 2010 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. Page 19