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Council Minutes 01/24/12APPROVED BY THE CITY COUNCIL ON FEBRUARY 14, 2012 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA January 24, 2012 The City Council of the City of Orange, California convened on January 24, 2012 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 Carl Friedrich, Praise Chapel 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Teresa Smith 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Employee Service. Mayor Cavecche announced the dedication of the Santiago Creek Bike Trail on February 11, 2012, at 12:00 noon, at the Grijalva Park Sports Center, and invited the public to attend. 2. PUBLIC COMMENTS - None Pate 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR January 24, 2012 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 January 5, and January 12, 2012. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of January 10, 2012. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.4 License Agreement with the County of Orange for Use of the Sheriffs Department Training Facility and Shooting Range in an amount not -to- exceed $15,000.00. Note: Councilmember Bilodeau abstained due to a possible conflict of interest with his employment. Discussion — Councilmember Dumitru stated his recollection that the County had agreed to absorb this cost during negotiations over the use of the Theo Lacy jail. City Attorney David DeBerry stated he would review the matter. MOTION - Dumitru SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru ABSTAIN - Bilodeau Moved to continue to the February 14 Meeting. Page 2 CITY COUNCIL MINUTES January 24, 2012 3. CONSENT CALENDAR (Continued) 3.5 Agreement with United Security Access & Electric for the Installation of Access Control Systems at City Park Restroom Buildings to Automate Locking and Unlocking of Doors in an amount not -to- exceed $77,236.52. (A2100.0 Agr -5841) ACTION: pproved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6 Agreement with Heisler Landscape General Engineering, Inc. for Removal and Replacement of the Roof on the Picnic Shelter Structure at El Camino Real Park in an amount not -to- exceed $125,105. (A2100.0 Agr -5842) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.7 Appropriation of Funds and Award of Contract with Robertson Industries, Inc. for the Replacement of the Serrano Park Tot Lot Rubberized Protective Safety Surface. (A2100.0 Agr -5843) ACTION: Appropriated $37,232.25 from unreserved Fund 511 to Account 511.7021.56015.20124 (Serrano Park Tot Lot Surface Replacement); awarded the contract and authorized the Mayor and City Clerk to execute on behalf of the City. 3.8 Contract Change Order No. 5 and FINAL; Bid No. 090 -02: for Construction of the Santiago Creek Bike Trail from Tustin to Collins Segment and an Appropriation of Park Development Fees. (A2100.0 Agr -5566) ACTION: Appropriated $80,000 from unreserved Fund 511 to Account 511.7021.56510.16100 (Santiago Creek Bike Trail); and Approve Contract Change Order No. 5 and FINAL in the amount of $49,457.04 to 4 -Con Engineering, Inc. 3.9 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. Crown Royal Services dba Manhattan Steak & Seafood b. Daniel Franco c. Austin Tyler Jones d. Antonio Razo e. William Solorio ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Page 3 CITY COUNCIL MINUTES January 24, 2012 3. CONSENT CALENDAR (Continued) CONTRACTS 3.10 Final Acceptance of Bid No. 112 -04; Water Improvements for Main Street performed by Miramontes Construction, Inc.; and authorization to file the Notice of Completion with the County Recorder (No staff report required) (A2100.0 Agr -5804) ACTION: Accepted public work improvements; authorized release of Aegis Security Insurance Company, Bond No. CTR- 3001901, in the amount of $398,050.00 and authorized the Mayor and City Clerk to execute the Notice of Completion. MEMBERSHIPS 3.11 Annual Membership in the Association of California Cities — Orange County. (OR1800.0.12.5) NOTE: Councilmember Bilodeau recorded a NO vote. ACTION: Authorized the City Manager to pay annual dues to the Association of California Cities — Orange County for a term of one year. RESOLUTIONS 3.12 RESOLUTION NO. 10623 (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 Preparation of a City of Orange Emissions Inventory and Development Streamlining Strategy. Applicant: City of Orange ACTION: Approved. MOTION - Smith SECOND -Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Item 3.4 was removed and heard separately. All other items on the Consent Calendar were approved as recommended with Councilmember Bilodeau recording a NO vote on Item 3.11. END OF CONSENT CALENDAR Page 4 CITY COUNCIL MINUTES 4. REPORTS FROM MAYOR CAVECCHE — None 5. REPORTS FROM COUNCILMEMBERS — None January 24, 2012 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept Resignation of Michael Merino from the Planning Commission, effective immediately. MOTION - Bilodeau SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to accept the resignation of Michael Merino from the Planning Commission. 7. ADMINISTRATIVE REPORTS 7.1 Consideration of Designating a Successor Housing Agency to the Orange Redevelopment Agency (ORA) (Continued from January 10, 2012). (R3500.0) Discussion — Sr. Project Manager Lisa Kim gave the staff report, detailing the results of the City electing to become the successor housing agency to the ORA, noting that the City reserves the right to rescind the resolution at a future point in time. In response to questions from Councilmember Bilodeau, she stated that the law is unclear, but for FY 2011 -12 it allows for approximately 5% in administrative costs and 3% in future years. And in addition, if the housing fund balance for future disbursements is available, there would be sufficient funds to administer the program. Todd Mooney, Special Counsel, Kane, Balmer & Berkman, fielded questions from the Council regarding contractual and mandated obligations and the funding of such. Councilmember Bilodeau stated his intent to shrink government when possible, and thereby would not be supporting the City becoming the successor housing agency, as it could be turned over to the County to administer. Councilmember Whitaker spoke on the value of local v. County control and stated the City would be more efficient in managing the program and spending the funds within the City. Mayor pro tem Smith agreed with the benefit of local control and stated her intent to keep the money in Orange, adding there is no guarantee that an outside agency would look out for Orange's best interest and keep affordable housing in Orange. Page 5 CITY COUNCIL MINUTES January 24, 2012 7. ADMINISTRATIVE REPORTS (Continued) Mayor Cavecche stated that the issue is not settled yet, and until the City knows what the outcome will be, she wanted to keep control in the City. RESOLUTION NO. 10626 A Resolution of the City Council of the City of Orange Electing to Retain the Housing Assets and Functions of the Orange Redevelopment Agency Under Part 1.85 of Division 24 of the Health and Safety Code Subject to Reservations Herein Stated. MOTION - Cavecche SECOND - Smith AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved to approve Resolution No. 10626. 8. REPORTS FROM CITY MANAGER 8.1 Status of SB 659 and SB 654 that may affect Redevelopment Agencies. (R3500.0) City Manager John Sibley reported that nothing has happened with these bills at this time. Sr. Project Manager Lisa Kim gave a status report on the two bills. 9. LEGAL AFFAIRS — None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page 6 CITY COUNCIL MINUTES January 24, 2012 11. RECESS TO CLOSED SESSION - The City Council recessed at 5:25 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Jeffrey Freedman, Esquire, and David A. DeBerry, City Attorney Employee Organizations: All Bargaining Units b. Public employee appointment /employment pursuant to Government Code Section 54957. Title: City Attorney 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. 12. ADJOURNMENT — The City Council adjourned at 8:00 p.m. There was no 7:00 p.m. session. The next Regular City Council meeting is scheduled for February 14, 2012 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of January 24, 2012 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. MAR MURPI C Y CLERK Page 7