Council Minutes 11/8/11APPROVED BY THE CITY COUNCIL ON NOVEMBER 22, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 8, 2011
The City Council of the City of Orange, California convened on November 8, 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. OPENING
1.1 INVOCATION
Given by Pastor Bubba Lipscomb, First Southern Baptist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru
ABSENT - Bilodeau (arrived at 5:00 p.m.)
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None
Announcements:
Veterans Day event at Depot Park on November 11 at 2:00 p.m.
Holiday Toy Express on November 19
Community Outreach Meeting on November 10 for the conceptual design of a
proposed Metrolink parking structure.
2. PUBLIC COMMENTS - None
Paize 1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
November 8, 2011
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 October 20 and October 27, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of October 25, 2011. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 City Treasurer's Reports for months of July, August, and September, 2011.
(C2500.F)
ACTION: Received and filed.
APPROPRIATIONS
3.5 Appropriation transfer from Home Improvement Program Grant Account to
Home Improvement Program Loan Account. (C2500.G.1.5)
ACTION: Approved the following appropriation transfers:
315.9653.51780.11221 Home Improvement Program Grant $ <30,945>
315.9652.56571.11298 Home Improvement Program Loan $ 30,945
Page 2
CITY COUNCIL MINUTES November 8, 2011
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.
Delia Castellon
b.
Chris Grogan
C.
Bruce Johnson
d.
Jason Mahan
e.
Joanne Medina
f.
The Rossi Family Trust, et al.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.7 Final Acceptance of Bid No. 101 -16; Tustin Street and Chapman Avenue Critical
Intersection Improvements and Proposed 12" D.I.P. Water Mains for Chapman
Avenue from Lincoln Street to Wayfield Street and Tustin Street from
Washington Avenue to Chapman Avenue projects performed by Sialic
Contractors Corporation dba Shawnan, a California corporation; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required.) (A2100.0 Agr -5721)
ACTION: Accepted public work improvements, authorized release of Federal
Insurance Company of Indiana, Bond No. 8219 -66 -26 in the amount of $1,571,850.00
to the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
RESOLUTIONS
3.8 RESOLUTION NO. 10605 (C2500.J.4)
A Resolution of the City Council of the City of Orange Regarding the 2011 Christmas
Holiday Closure.
ACTION: Approved.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru
ABSENT - Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
Page 3
CITY COUNCIL MINUTES November 8, 2011
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Affordable Housing Loan Agreement by and among the Orange Redevelopment
Agency, the City of Orange, and Serrano Woods, LP Relating to 1820 East Meats
Avenue. (A2100.0 Agr -5812)
(See related Redevelopment Agency Minutes Item No. 7.1)
Speaker — Barry Cottle, C &C Development, spoke in favor of the project.
RESOLUTION NO. 10584
A Resolution of the City Council of the City of Orange Approving an Affordable Housing
Loan Agreement by and among the Orange Redevelopment Agency, the City of Orange, and
Serrano Woods, LP Relating to 1820 East Meats Avenue and Making Certain Findings.
MOTION
- Smith
SECOND
- Whitaker
AYES
- Whitaker, Smith, Cavecche
NOES
- Dumitru
ABSENT
- Bilodeau
Moved to adopt Resolution No. 10584; and authorize the City Manager to execute the
agreement and all related documents on behalf of the City.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 17 -11 (FIRST READING)
(A2500.0 City Council Compensation)
An Ordinance of the City Council of the City of Orange Amending Title 2 of the Orange
Municipal Code Relating to Salaries and Compensation of City Council Members.
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru
ABSENT - Bilodeau
Moved that Ordinance No. 17 -11 be read by title only and same was set for second reading by
the preceding vote.
Page 4
CITY COUNCIL MINUTES November 8, 2011
10. PUBLIC HEARINGS
10.1 PROPOSED FISCAL YEAR 2011 -2012 (FY 12) CITY OF ORANGE BUDGET
AND SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. (C2500.J.1.1)
The public hearing to consider the Proposed Fiscal Year 2011 -12 (FY 12) City of Orange
Operating Budget, and to consider a Resolution of the City Council adopting a limitation on
certain appropriations in accordance with Article XIII of the State Constitution. (Continued
from August 23, 2011.)
(See related Orange Redevelopment Agency Minutes Item No. 9. 1.)
City Manager John Sibley provided opening remarks.
Assistant City Manager Rick Otto provided a brief power point presentation, reviewing
revenue projections and expenditure estimates, outlining a balanced $86.5 million budget.
Councilmember Whitaker expressed concern that perhaps more of the unreserved fund balance
dollars be set aside for PERS reserves.
It was noted that sufficient funds exist presently, that this was something staff would monitor,
and that funds could be moved over in the future.
Council thanked staff for their efforts in preparing this budget and thanked employees for the
concessions that have been made.
MAYOR CAVECCHE OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC
HEARING.
RESOLUTION NO. 10576
A Resolution of the City Council of the City of Orange Adopting said City's Budget for the
Fiscal Year 2011 -2012 and Relating to Transfers of Funds between and within Appropriations,
Transfers between Funds, and additional Appropriations.
MOTION - Dumitru
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru
ABSENT - Bilodeau
Moved to approve Resolution No. 10576.
Page 5
CITY COUNCIL MINUTES November 8, 2011
10. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10577
A Resolution of the City Council of the City of Orange Adopting the Appropriations Limit for
the Fiscal Year 2011 -12.
MOTION
- Dumitru
SECOND
- Smith
AYES
- Whitaker, Smith, Cavecche, Dumitru
ABSENT
- Bilodeau
Moved to approve Resolution No. 10577.
MOTION - Dumitru
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru
ABSENT - Bilodeau
Moved that the portion of the Fiscal Year 2011 -12 Budget subject to the Gann limit is
$71,971,130.00, and therefore within the limit.
NOTE: Councilmember Bilodeau arrived at 5:00 p.m.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
NOTE: Council did not recess to Closed Session. City Attorney DeBerry stated he
would provide Councilmembers with a memo on Item a.
The City Council will recess to a Closed Session for the following purposes:
a. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation
pursuant to California Government Code Section 54956.9(b).
1) Two potential cases — AB 1236 potential challenge
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.
Page 6
CITY COUNCIL MINUTES November 8, 2011
13. ADJOURNMENT — The City Council adjourned at 5:05 p.m.
There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for
Tuesday, November 22, 2011 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of November 8, 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; and available at the Civic Center City Clerk's Office.
.MU Y
CITY CLERK
Page 7