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HomeMy WebLinkAbout07-13-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 27, 2010 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA July 13, 2010 The City Council of the City of Orange, California convened on July 13, 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 Finance Director Richard Jacobs 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Jon Dumitru 1.3 ROLL CALL PRESENT -Murphy, Cavecche, Dumitru, Bilodeau ABSENT -Smith 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Captain Michael Merino, United States Navy. Recognition of Employee Service. Announcements -Mayor Cavecche announced the continuation of the Concerts in the Park Series on Wednesdays at Hart Park; and the upcoming test of the Alert OC reverse 9-1-1 notification system) on September 24tH 2. PUBLIC COMMENTS -None CITY COUNCIL MINUTES 3. CONSENT CALENDAR July 13, 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 June 17, 24 and July 1, 2010. ACTION: Approved. 3.2 City Council Minutes, Regular Meetings of June 8; and June 22, 2010. (C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Agreement between City of Orange and Willdan Financial Services to perform special district administration, delinquency management, arbitrage rebate and municipal disclosure services. (A2100.0 Agr- 5596)ACTION: Approved and authorized the Mayor and City Clerk to execute the agreement with Willdan Financial Services to perform special district administration,delinquency management, arbitrage rebate and municipal disclosure services for Fiscal Years 2010-11 thru2014-15.3.5 First Amendment to Professional Services Agreement between the City of Orange,Orange Redevelopment Agency and PM Group, Inc. for the design and printing of the Our Orange (formerly Orange Progress) City newsletter/Community Services brochure for FY 2010-2011. (A2100. 0 Agr-4692.B.1)See relatedRedevelopment Agency Minutes Item 3.3.)ACTION: Approved agreement for the design and printing of four quarterly issues of Our Orange, in an amount not to exceed $105,000; and authorized the Mayor and City Clerk to execute the agreement on behalf CITY COUNCIL MINUTES July 13, 2010 3. CONSENT CALENDAR (Continued) 3.6 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. Joanne Milkie ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.7 Final Acceptance of Bid No. 090-26; 2009-10 ADA Ramps at Various Locations -CDBG project performed by Kormx, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required)A2100.0 Agr-5547)ACTION: Accepted public work improvements, authorized release of American Safety Casualty Insurance Company, Bond No. 20-SBA-300285 in theamount of $66,075.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion.3.8 Award of Bid No. 090-34; Asphalt Replacement at various locations for Fiscal Year 2010-11. (A2100.0 Agr-5597)ACTION: Awarded thecontract in the amount of $508,000.00 to All American Asphalt; and authorized the Mayor and the City Clerk to executeon behalf of the City.PURCHASES 3.9 Purchase of Police Department ammunition from Dooley Enterprises, Inc., through a cooperative purchasing agreement. (C2500.K)ACTION: Authorized purchase of ammunition from Dooley Enterprises, Inc., in CITY COUNCIL MINUTES July 13, 2010 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.10 RESOLUTION NO. 10489 (C2500.J.4.3.1) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Orange Fire Management Association for the period of March 1, 2010 through June 30, 2012. ACTION: Approved. 3.11 RESOLUTION NO. 10490 (C2500.J.4.2) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the City of Orange Police Association for the period of July 1, 2010 through June 30, 2012. ACTION: Approved. 3.12 RESOLUTION NO. 10491 (C2500.J.4.2.1) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the City of Orange Police Management Association for the period of July 1, 2010 through June 30, 2012. ACTION: Approved. 3.13 RESOLUTION NO. 10493 (C2500.M.16) A Resolution of the City Council of the City of Orange Finding and Determining that the Public Interest, Convenience and Necessity Require the Acquisition for Public Purposes of Property Located at 353 S. Main Street and 331 S. Main Street and Authorizing the Execution of Escrow Instructions therefore. ACTION: Approved. 3.14 RESOLUTION NO. 10496 (C2500.M.16) A Resolution of the City Council of the City of Orange Finding and Determining that the Public Interest, Convenience and Necessity Require the Acquisition for Public Purposes of Property Located at the Southwest Corner of Tustin Street and Meats Avenue (Orange Villa Shopping Center I) and Authorizing the Execution of Escrow Instructions therefore. ACTION: Approved. Page 4 CITY COUNCIL MINUTES July 13, 2010 3. CONSENT CALENDAR (Continued) 3.15 RESOLUTION NO. 10497 (C2500.M.16) A Resolution of the City Council of the City of Orange Finding and Determining that the Public Interest, Convenience and Necessity Require the Acquisition for Public Purposes of Property Located at the Southwest Corner of Tustin Street and Meats Avenue (Orange Villa Shopping Center II) and Authorizing the Execution of Escrow Instructions therefore. ACTION: Approved. MOTION Dumitru SECOND Murphy AYES Murphy, Cavecche, Dumitru, Bilodeau ABSENT Smith All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE 4. 1Support for November Ballot Initiative -Proposition 23 - CA Jobs Initiative.Council discussed whether to take a position on this proposition, as well as review all ten of the current proposed California propositions, and whether or not to take a position on any.Council concurred to agendize this item for a future Council meeting; and that the Council could consider directing staff to provide a future review of all the ballot initiatives.5. REPORTS FROM COUNCILMEMBERS Councilmember Dumitru - Requested the consideration of strengthening language with regard to the City's term limitsordinance, to be placed on the July 27t meeting agenda.Requested the consideration of taking an official position as a Council to oppose the California High Speed Rail project, to be placed on the July 27th meeting agenda.Page 5 CITY COUNCIL MINUTES July 13, 2010 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None 7. ADMINISTRATIVE REPORTS 7.1 Community Facilities District No. 06-1 -Special Tax Bonds to finance the acquisition of the Steven Ambriz Memorial Park, the construction of park improvements thereon, and other public improvement, including the funding of a reserve fund, and payment of the costs related to the issuance of the bonds. (T1100.0.2 Agr- 5598; 5599)NOTE: Councilmember Bilodeau recorded an abstention vote on this item in order to remain consistent with previous votes due to a possible conflict of interest related to previous employment; and left the dais.Discussion -Finance Director Rich Jacobs provided the staff report. In response to questions from Councilmember Dumitru, he explained there could be an approximate 10% reduction in the annual assessment for the homeowners in the Del Rio District.RESOLUTION NO. 10495 A Resolution of the City Council of the City of Orange authorizing the issuance of Special Tax Bonds for City of Orange Community Facilities District No. 06-1 ( Del Rio Public Improvements), and approving related documents and actions.Moved to approve Resolution No. 10495.MOTION Cavecche SECOND Murphy AYES Murphy, Cavecche, Dumitru ABSTAIN ( RECUSED) - Bilodeau ABSENT Smith CITY COUNCIL MINUTES 8. REPORTS FROM CITY MANAGER -None 9. LEGAL AFFAIRS -None 10. NOTICED HEARINGS July 13, 2010 10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN OF 230-280 S. MAIN STREET. (C2500.M. 14)Time set for a noticed hearing on resolution of necessity to acquire property located at 230-280 S. Main Street.Discussion -City Attorney David DeBerry provided the staff report. He explained that on May 11, 2010 the City Council authorized acquisition of certain property located at 230-280 S.Main Street in fee simple and for a temporary construction easement. The map depicting the easement was inadvertently not attached to Resolution No. 10446 which authorized the acquisition. This current action will correct that clerical error. RESOLUTION NO. 10494 A Resolution of the City Council of the City of Orange Declaring the Public Interest and Necessity of Acquiring a Temporary Construction Easement at Property Located at 230-280 S.Main Street and Authorizing the Acquisition thereof.Moved to approve Resolution No. 10494. MOTION Bilodeau SECOND Cavecche AYES Murphy, Cavecche, Dumitru, Bilodeau ABSENT Smith 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION NOTE: The City Council did not recess to a Closed Session.a. 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 CITY COUNCIL MINUTES July 13, 2010 13. ADJOURNMENT - The City Council adjourned at 5:00p.m.There was no 7:00p.m. Session. The next Regular Council Meeting is scheduled for July 27,2010 at 4:30p.m.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of July 13, 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 8