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HomeMy WebLinkAbout08-24-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 14, 2010 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA August 24, 2010 The City Council of the City of Orange, California convened on August 24, 2010 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:3~ P.M. SESSION 1. OPENING 1.1 INVOCATION Given by Pastor Mike.Sciarra, Grace Brethren Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Teresa Smith 1.3 ROLL CALL PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from the Friends of the Orange Public Library. Recognition of Employee Service. Announcement of memorial adjournment for Robert Dyer (R.D.) Spurgeon, Veteran, and Orange native, who was a friend to all. 2. PUBLIC COMMENTS -None Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR August 24, 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 August 5 and 12, 2010. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of August 10, 2010. (C2500.D.4) ACTION: Approved. 3.3 Naive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 City Treasurer's Report, period ending July 31, 2010. (C2500.F) ACTION: Received and filed. AGREEMENTS 3.5 Fifth Amendment to Agreement No. 4904 with Rengel + Co. Architects for engineering and architectural support related to construction rework and delays at the Grijalva Park at Santiago Creek Gymnasium Sports Center. (A2100.0 Agr- 4904.5) ACTION: Approved the Fifth Amendment to Agreement No. 4904; and authorized the Mayor and City Clerk to execute the amendment on behalf of the City. 3.6 Amendment Number 1 to Consultant Services Agreement No. 5477 with Joseph C. Truxaw and Associates for additional on-call land survey services on an as-needed basis. (A2100.0 Agr-5477.1)ACTION: Approved Amendment Number 1 to the existing Joseph C. Truxaw and Associates, Inc. Consultant Services Agreement and authorized the Mayor and City Clerk to execute the Amendment on behalf of the CITY COUNCIL MINUTES August 24, 2010 3. CONSENT CALENDAR (Continued) 3.7 Agreement with Curbside, Inc. for the continuation of the City's Door- to-Door Used Oil Collection Program. (A2100.0Agr- 2224.I.G)ACTION: 1) Authorized appropriation of $19,118 in Used Oil Block Grant funding to Fund220for220.5022.51710.15010; and 2) Awarded the Services Agreement to Curbside, and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City.APPROPRIATION 3.8 Appropriation of funds received from the Santa Ana College training reimbursement program for Fire Department training. (C2500.H)ACTION: Appropriated $35,878.90from 100.3023.48210 ( Revenue Account) to 100.3023.51840.12534 (Santa Ana CollegeLocal Training).3.9 CLAIMS (C3200.0)SUMMARY: The following claim(s) have been received and investigated bythe City Attorney's Office and/or the Risk Manager. After a thorough investigation withthe involved departments,- it is the recommendation of theCity Attorney's Office that the claim(s) be denied.a. Joaquin M. Alvarez b. Los AngelesEngineering - 04/08/ 10 c. Los Angeles Engineering - 07/27/10 d. Mercury Insurance -Russell Throop e. Alison Woolsey ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. DONATIONS 3.10 Authorize the appropriation of Orange Public Library Foundation's donation of 95,900 from the unreserved fund balance for materials, programs, technology and facilities. (C2500.I) ACTION: Authorized and appropriated $95,900 from the City's unreserved fund balance as follows: $89,900 to account 100.2001.53301.19322 (Library Books); 4,000 to account 100.2017.51670.19322 (Other Professional); and $2,000 to account 100.2017.53340.19322 (Craft Supplies). Page 3 CITY COUNCIL MINUTES August 24, 2010 3. CONSENT CALENDAR (Continued) 3.11 Accept into the City's revenue budget and appropriate $27,148.41 donation from the Friends of the Library for a variety of items. (C2500.I) ACTION: 1) Accepted into the City's revenue budget a $27,148.41 donation from the Friends of the Orange Public Library, into account 100.2001.48390.19990 (Friends Donation); and 2) Appropriated the Friends' donation as follows: $873.41 to account 100.2001.53011.19990 (General Office Supplies); $16,800 to account 100.2001.53301.19990 (Library Books); $1,075 to account 100.2001.53910.19990 Minor Office Supplies); $7,800 to account 100.2016.51670.19990 (Other Professional); $200 to account 100.2017.53011.19990 (General Office Supplies); and 400 to account 100.2017.53340.19990 (Craft Supplies). RESOLUTIONS 3.12 RESOLUTION NO. 10507 (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 preparations of a City Emissions Inventory and Development Streamlining Strategy. Applicant: City of Orange ACTION: Approved. REPORTS 3.13 Annual review of Development Agreement No. 5390 by and between the City of Orange, CHOCO Realty Corporation, and CRC Real Estate Corporation on an annual basis as adopted by City Council Ordinance 4-09. (A2100.0 Agr-5390)NOTE: Councilmember Bilodeau recorded an abstention on this item due to a potential conflict of interest with his employment Ai:TION: Accepted the annual report and the request by CHOC for three equal payments of the Fire and Police Development Impact Fees.MOTION - Dumitru SECOND - Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Bilodeau recorded an abstention on Item3.13 due to a potential conflict of interest with his employment. All items on the Consent Calendar were approved as recommended.Page CITY COUNCIL MINUTES August 24, 2010 4. REPORTS FROM MAYOR CAVECCHE -None 5. REPORTS FROM COUNCILMEMBERS -Councilmember Dumitru -Reported on an event that occurs at Plaza Park, where a group of local veterans and patriots lower the flag every Wednesday evening; and this group had requested to fly the POW/MIA flag at Plaza Park on Veterans and Memorial Day holidays. He requested, with Council concurrence, that staff explore the possibility of flying the POW/MIA flag every Wednesday to honor those who never returned home.Councilmember Dumitru - Reported that other cities, through private donations, honor their active-duty military residents with banners in their downtown area. He requested, with Council concurrence, that staff look into a policy to do the same in Orange.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None 7. ADMINISTRATIVE REPORTS 7. 1Partial Loan Commitment of Federal HOME Investment Partnerships funding for the proposed Serrano Woods Apartments to be located at 1820 East Meats Avenue.C2500. G.1)Discussion - Senior Housing Manager Mary Ellen Laster gave the staff report on this low- and very- low income, two & three bedroom affordable, rental housing project. She reported that if the funds are not approved by August 31St for this project, they get recaptured by HUD; and that the agreement with the developer would come back to Council and Redevelopment Agency in the future. In response to questions from the Council she stated that the neighboring church is the seller of the property; and that the NEPA clearance, required for use of federal funds, is not required at this time for conditional commitment of federal HOME funds. City Attorney David DeBerry added that no loan funds can be expended prior to environmental review and approval by the Council. Council discussed this was only apre-commitment of funds, and there would be a review of the project in the future.MOTION - Smith SECOND - Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to authorize the City Manager to execute Partial Loan Commitment of Federal HOME Investment Partnerships funding in the amount of $154,951 for the proposed Serrano Woods Apartments.8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None Page CITY COUNCIL MINUTES August 24, 2010 10. HEARINGS 10.1 PiJBLIC HEALTH GOALS REPORT FOR YEARS 2007, 2008, AND 2009 DRINKIl~1G WATER QUALITY. (C2500.P) Time set for public hearing to consider Public Health Goals for years 2007, 2008 and 2009 which is a State mandated report to provide the public information about the presence of any contaminants in the drinking water supply detected at levels above Public Health Goals published by the State Office of Environmental Health Hazard Assessment. Discussion -Acting Water Manager Michael Wolfe gave the staff report, reporting that the water quality continues to meet all federal and state drinking water standards. THERE WERE NO SPEAKERS MOTION -Smith SECOND -Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to Receive and file. 10.2 PROPERTY ACQUISITION BY EMINENT DOMAIN OF 2050-2094 AND 2000-2040 NORTH TUSTIN STREET. (Continued from August 10, 2010) (C2500. M.14)Time set for a noticed hearing on resolution of necessity to acquire property located at 2050-2094 and 2000-2040 North Tustin Street.Discussion -City Attorney David DeBerry gave the staff report. He stated that there exists two outstanding deeds of trust on the title that have not been reconveyed, but that the price and terms have been agreed upon and are in escrow. He added this is considered a friendly condemnation with the settlement terms being recorded as a stipulated judgment. He stated this property is needed for street improvements and underground utilities at Tustin and Meats;and the bid is due to be released in November, with the award of bid to occur in February,2011, for use of Measure M funds.Council discussed that the City has come to an agreed-upon price and terms with the property owner but is going through this because of issues with the lender; there may be tax credits and benefits for the property owner upon the sale; issues with the title forces the City to take this action to meet the bidding and funding deadlines; and these street intersection improvements ,~,are a benefit to the CITY COUNCIL MINUTES August 24, 2010 10. HEARINGS (Continued) RESOLUTION NO. 10505 A Resolution of the City Council of the City of Orange Declaring the Public Interest and Necessity of Acquiring Certain Real Property Located at 2050-2094 and 2000- 2040 North Tustin Street and Authorizing the Acquisition Thereof. MOTION -Smith SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to adopt Resolution No. 10505.11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessed at 5:22 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel -Anticipated Litigation pursuant to Government Code Section54956.9(b): One potential case -Theo Lacy/ ICE proposal.b. Conference with Legal Counsel -Existing Litigation pursuant to Government Code Section54956.9(a): City of Orange v. Main 230 I LLC, OCSC Case No. 00393492 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.13. ADJOURNMENT -The City Council adjournedat 6:15 p.m. in memory of Robert Dyer Spurgeon. There wasno 7:00 p.m. Session. The next Regular Meeting is scheduled for September 14, 2010 at 4:30 p.m.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of August 24, 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.MURPHY CITY CLERK 1V. CAVECCHE YOR