HomeMy WebLinkAbout08-23-2011 ORA MinutesAPPROVED BY THE DIRECTORS ON SEPTEMBER 13, 2011
ORANGE REDEVELOPMENT AGENCY ORANGE, CALIFORNIA
MINUTES OF A REGULAR MEETING August 23, 2011
The Orange Redevelopment Agency of the City of Orange, California convened on August 23,
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. ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
2. PUBLIC COMMENTS - NONE.
3. CONSENT CALENDAR
3.1 Confirmation of warrant registers dated August 2, August 4, and August 11, 2011.
ACTION: Approved.
3.2 Redevelopment Agency Minutes, Regular Meeting of August 9, 2011. (RC2500.D.4)
ACTION: Approved.
3.3 Modification to the Preferred Alternative for Addressing Parking Demand in the
Vicinity of the Orange Transportation Center as a result of Metrolink Ridership
Expansion. (P2500.0.9)
NOTE: Director Whitaker recorded an Abstention because of a potential conflict of
interest due to employment.
See related City Council Minutes Item No. 3.17)
ACTION: Directed removal of the West Chapman/Metrolink parking lot from
consideration in the Preferred Alternative to address Metrolink ridership expansion.
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ORANGE REDEVELOPMENT AGENCY MINUTES August 23, 2011
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.4 Agreement with Common Area Maintenance Services, Inc. (CAM Services) for
Depot Metrolink Station Area Maintenance Services in an amount not to exceed
108,313. (RA2100.0 Agr- 5420.2)
NOTE: Director Whitaker recused himself due to a potential conflict of interest and
left the dais.
Discussion
The Agency discussed the Maintenance Agreement and that it includes landscaping as
part of the ongoing maintenance for the Depot Metrolink Station area and Park.
Discussion also ensued regarding the State Supreme Court's ruling of not entering into
any new Redevelopment Agency contracts at this time.
Agency Counsel David DeBerry opined this is a continuing maintenance contract, which
preserves the Agency's assets, so the Board is able to move forward if it wishes; and
reported on the differences between a new agreement or a one year extension.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Cavecche
NOES - Dumitru, Bilodeau
ABSTAIN - Whitaker (RECUSED)
Moved to approve the agreement and authorized the Chairman and Agency Clerk to
execute on behalf of the Agency.
MOTION FAILED
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSTAIN - Whitaker (RECUSED)
Moved to initiate a one year extension, under the current contract, with CAM Services.
MOTION PASSES
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ORANGE REDEVELOPMENT AGENCY MINUTES August 23, 2011
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.5 Second Amendment to Attorney Services Agreement with the Law Offices of
Davidovitz & Bennett, LLP to Provide Legal Services to the Orange Redevelopment
Agency. (RA2100.0 Agr- 5476.2)
Discussion
Director Bilodeau expressed concern with the Agency spending more money while there
is a stay put on Redevelopment Agencies by the State Supreme Court.
David DeBerry, Agency Counsel, explained the portion of AB 26, which was not stayed,
permits the Agency to fund enforceable obligations, which is defined to include any
contract that is legally binding and enforceable, as well as those necessary for the
continued administration and operation of the Agency.
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ACTION: Approved the Second Amendment and authorized the Chairman and Agency
Clerk to execute on behalf of the Agency.
3.6 RESOLUTION NO. ORA -0533 (OR1800.0.27.16.2)
A Resolution of the Orange Redevelopment Agency Approving and Adopting a
Statement of Investment Policy for Fiscal Year 2011 -12.
See related City Council Minutes Item No. 3.19)
ACTION: Continued to September 13, 2011.
MOTION - Dumitru
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Items 3.4 and 3.5 were removed and heard separately. Councilmember Whitaker
registered an Abstention on Items 3.3 and 3.4. Item 3.6 was continued to September 13
All other items approved as recommended.
END OF CONSENT CALENDAR
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ORANGE REDEVELOPMENT AGENCY MINUTES August 23, 2011
4. REPORTS FROM DIRECTORS — None.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None.
6. REPORTS FROM EXECUTIVE DIRECTOR — None
7. ADMINISTRATIVE REPORTS
7.1 RESOLUTION NO. ORA -0536 (R3500.0)
A Resolution of the Orange Redevelopment Agency Adopting an Enforceable Obligation
Payment Schedule as Referred to in Section 34169(G) of the California Community
Redevelopment Law.
Director Bilodeau questioned several of the payments.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche
NOES - Dumitru, Bilodeau
Moved to approve Resolution without a payment schedule to SC Fuels.
Director Whitaker reported he would need to Abstain on a payment schedule for SC Fuels due to
a conflict of interest with his employment and left the dais.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSTAIN - Whitaker (RECUSED)
Moved to approve a payment schedule for SC Fuels.
8. LEGAL AFFAIRS — None.
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ORANGE REDEVELOPMENT AGENCY MINUTES August 23, 2011
9. PUBLIC HEARINGS
9.1 PROPOSED FISCAL YEAR 2011 -2012 ORANGE REDEVELOPMENT AGENCY
BUDGET. (C2500.J.1.1)
Time set for a public hearing to consider the Proposed Fiscal Year 2011 -12 Operating Budget for
the Orange Redevelopment Agency.
See related City Council Minutes Item No. 10. 1.)
MOTION - Cavecche
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to continue to no date certain, but no later than the first meeting in November.
10. RECESS TO CLOSED SESSION
NOTE: The Agency did not recess.
a. To consider and take possible action upon such other matters as are orally announced by the
General Counsel, Executive Director of the Board of Directors prior to such recess unless the
motion to recess indicates any of the matters will not be considered in Closed Session.
11. ADJOURNMENT — The Agency adjourned at 7:45 p.m.
Declaration of the Clerk of the Orange Redevelopment Agency, Mary E. Murphy, declaring posting
of Orange Redevelopment Agency Agenda of a regular meeting of August 23, 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.
7 Ey'
MrGENCY IIY
LERK
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