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Council Minutes 04/12/11APPROVED BY THE CITY COUNCIL ON APRIL 26, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA April 12, 2011 The City Council of the City of Orange, California convened on April 12, 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 Frank Riley, River 47 Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Carolyn Cavecche 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of American Flags flown over Iraq to Mayor Cavecche, and Police Chief Gustafson, by Chief Warrant Officer 4 Robert Metoyer, an Orange police officer deployed to Iraq. Presentation of the State of the District Address by Rancho Santiago Community College District Representatives. Presentation of Donation by Orange Public Library Foundation to the Library Director. Presentation of Donation by Friends of the Library to the Library Director. Recognition of Community Services Department Sponsors. Recognition of National Public Safety Dispatcher Week. 2. PUBLIC COMMENTS — Tom Davidson, Orange Park Acres, gave an invitation to the OPA Denim and Diamonds dinner dance fundraiser and spoke on activities in Orange Park Acres. PaLye 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR April 12, 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 March 17, 24, and 31, 2011. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of March 22, 2011 and Special Meeting of March 22, 2011. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Consultant Services Agreement with South Coast Systems, Inc. for Design, Construction, Testing and Installation of new SCADA Panel at Reservoir 8 site. (A2100.0 Agr -5745) ACTION: Approved a Consultant Services Agreement with South Coast Systems, Inc. in the amount of $19,747.00 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Agreement between Municipal Water District of Orange County (MWDOC) and its Member Agencies on Budget, Activities, Charges, and Other Issues. (Continued from March 22, 2011.) (A2100.0 Agr -5730) ACTION: Directed participation in the Poseidon Huntington Beach Ocean Desalination Program administered by MWDOC, approved Agreement with MWDOC, and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.6 Agreement with Reliance Standard Life Insurance Company for Group Life Insurance Non - Participating; Group Accident Policy Non - Participating; Group Accident Policy Non - Participating; and Voluntary Group Term Life Insurance Non - Participating. (A2100.0 Agr- 4173.D; 4175.B; 5409.A; 5410.A) Page 2 CITY COUNCIL MINUTES April 12, 2011 3. CONSENT CALENDAR (Continued) Discussion — Human Resources Assistant Director Mike Harary clarified for Council that these benefits are a result of the collective bargaining process with employee groups, as well as additional benefit choices that are paid by the employee. MOTION - Whitaker SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Agreement with Reliance Standard Life Insurance Company and authorize the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.7 Consultant Services Agreement with Lilley Planning Group, a private planning consultant firm, to provide current planning processing for Chapman University applications. (A2100.0 Agr -5746) Discussion — Mayor pro tem Smith expressed concerns that the projects would not go through the public review process because they can be approved in house, and with using consultants who may not be versed on the growth of Chapman University in the community, as well as the consultant's level of experience with historic districts. She also stated that the projects must include an adequate parking plan; and that the projects have full community involvement, to include Old Towne Preservation Association, Orange Barrio Historic Society, and impacted residents. Community Development Director Alice Angus stated that the full amount of the contract is paid by Chapman University; and that the Lilley Group has experience with similar districts in the Cities of Fullerton, Pasadena, Claremont, and San Gabriel, and that they will be working in conjunction with the department's historic planner. Lilley Group President Jennifer Lilley stated the staff member assigned to Orange has experience with developments in historic districts, and processing entitlements for colleges. Mayor Cavecche asked that Council be provided full briefings before City staff give project approvals. Councilmember Dumitru commended Chapman University in assisting the city in getting an outside planning firm. MOTION - Smith SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to appropriate $60,000 from 100.6021.48210.20096 (Expense Reimbursement) to 100.6021.51670.20096 (Other Professional & Consulting Services — Lilley Planning Group); and approve the Agreement with Lilley Planning Group and authorize the Mayor and City Clerk to execute on behalf of the City. Page 3 CITY COUNCIL MINUTES April 12, 2011 3. CONSENT CALENDAR (Continued) 3.8 Compromise and Settlement Agreement with Mark Hurwitz and Bonnie Shershow for acquisition of a strip of property for construction of Santiago Creek Bike Trail in the amount of $110,000. (A2100.0 Agr -5743) ACTION: Approved Compromise and Settlement Agreement with Mark Hurwitz and Bonnie Shershow and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.9 Professional Services Agreement with Nexlevel Information Technology, Inc. for Consultant Services to support the City's Information Technology Outsourcing Project. (A2100.0 Agr -5747) Discussion — Assistant City Manager Rick Otto clarified for Council that the specifications for the RFP will be used as the base for the new contract with ACS, that the negotiations are close to completion, and that Nexlevel offers expertise above the level of staff's technical knowledge. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve agreement with Nexlevel Information Technology, Inc. in an amount not to exceed $18,750 and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. APPROPRIATIONS 3.10 Accept into the City's Revenue Budget and Appropriate an $11,000 donation from the Orange Public Library Foundation for children's books. (C2500.I) ACTION: 1) Accepted into the City's revenue budget $11,000 into Account 100.2001.48390.19322 (Library Foundation); and 2) Appropriated donation into Account 100.2001.53301.19322 (Library Books). 3.11 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. Richard Jorgensen b. David Schneider, Jr. C. Adolfo Gomez ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Page 4 CITY COUNCIL MINUTES April 12, 2011 3. CONSENT CALENDAR (Continued) CONTRACTS 3.12 Award of Contract — Bid No. 101 -25; Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations FY 2010 -11. (A2100.0 Agr -5748) ACTION: Awarded the contract in the amount of $102,698.00 to United Paving Company and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13 Award of Contract — Bid No. 101 -26; Santiago Creek Bike Trail North Project — Collins Avenue Undercrossing: from Bond Avenue to Santiago Creek. (A2100.0 Agr -5749) ACTION: 1) Awarded the contract in the amount of $1,019,794.50 to Excavating Engineers, Inc. of Bonsall, CA and authorized the Mayor and City Clerk to execute on behalf of the City; 2) Approved the following corrections to the previously stated source of funding by authorizing the following transfers: 550.8011.56412.18205 Cannon Pump Station - OC Parks ($1,363,900) 550.8011.56412.18205 Cannon Pump Station - County Prop 1B $1,363,900 550.5011.56330.16103 Santiago Creek Bike Trail North - OC Prop 1B ($1,363,900) 550.5011.56510.16103 Santiago Creek Bike Trail North - OC Parks $1,363,900 3.14 Contract Change Order No. 2 and Final — Bid No. 101 -01; Santiago Canyon Road Traffic Safety Improvement Project. (A2100.0 Agr -5623) ACTION: 1) Appropriated $70,000 from fund 262 to Account 262.5011.56330.16104 to cover project shortfall; 2) Approved Contract Change Order No. 2 and Final in the amount of $50,076.51 to La Strada Contracting Company. 3.15 Final Acceptance — Bid No. 101 -01; Santiago Canyon Road Traffic Safety System Improvements performed by La Strada Contracting, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report re uired. (A2100.0 Agr -5623) ACTION: Accepted public work improvements, authorized release of the International Fidelity Insurance Company, of New Jersey, Bond No. 0498319 in the amount of $587,567 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. Page 5 CITY COUNCIL MINUTES April 12, 2011 3. CONSENT CALENDAR (Continued) 3.16 Final Acceptance — Bid No. 101 -11; Fletcher Avenue (Batavia Street to Glassell Street) SRTS Project Sidewalk Improvements performed by S.J. Grigolla Construction Company, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -5686) ACTION: Accepted public work improvements, authorized release of Suretec Insurance Company of Texas, Bond No. 5094433 in the amount of $93,050 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.17 Final Acceptance — Bid No. 078 -18; Cannon Street and Santiago Canyon Road Relocation of Landfill Gas Monitoring Probes performed by Stearns, Conrad and Schmidt, Consulting Engineers, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -5169) ACTION: Accepted public work improvements, authorized release of the Arch Insurance Company, of Missouri, Bond No. SU1018129 in the amount of $37,930 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PURCHASE 3.18 Proposition 69, the DNA, Fingerprint, Unsolved Crime, and Innocence Protection Act — funding for the purchase of plastic freezer storage bins, a vacuum sealer, a floor heat sealing unit, two barcode printers and related supplies, two laptops for barcoding evidence, steel workstation shelving, and two mobile workstations for the Police Department's Property Unit. The total funding from the County of Orange is $19,772. (C2500.K) ACTION: Appropriated $19,772 to Account 100.4034.55131.20094 (Lab /Property- Equipment - Prop 69) for the purchase of equipment for the Property Unit. RESOLUTIONS 3.19 RESOLUTION NO. 10545 (C2500.M) A Resolution of the City Council of the City of Orange Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for Installation of Automatic Retractable Screens. ACTION: Approved. Page 6 CITY COUNCIL MINUTES April 12, 2011 3. CONSENT CALENDAR (Continued) 3.20 RESOLUTION NO. 10549 (A2100.0 Agr -5751) A Resolution of the City Council of the City of Orange Authorizing Application for the Fiscal Year (FY) 2010 Homeland Security Grant Program. ACTION: Approved. MOTION - Bilodeau SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Items 3.6, 3.7, and 3.9 were removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE — None 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Fred Whitaker — 1) Recent City Manager Communication of Council Policy /Positions with Staff. Discussion — Councilmember Whitaker withdrew this item, stating it had been discussed in closed session. 2) Explore Creation of an Orange Housing Agency to preserve control of Housing Funds in a protected manner, rather than having them sent to the County, or in an unprotected City account, if the RDA is eliminated. Discussion — Councilmember Whitaker stated his preference for housing set aside funds kept in Orange with the City maintaining control over how they are spent, and suggested looking into the creation of a housing agency in the City. Page 7 CITY COUNCIL MINUTES April 12, 2011 5. REPORTS FROM COUNCILMEMBERS (Continued) Councilmembers Dumitru and Bilodeau stated they were not in favor of creating a City Housing Authority, commenting it may not be possible to make findings to support this move, as well as not being in favor of the expansion of government. Mayor pro tem Smith and Mayor Cavecche stated they were interested in exploring the options but needed more information, also stating support for the City keeping and maintaining the funds, and requested briefings. 5.2 Councilmember Denis Bilodeau — Direct City Attorney to draft ordinance prohibiting registered sex offenders from entering city parks. Discussion — Councilmember Bilodeau raised the need to review the City ordinance regarding this issue. He further requested that the Police Chief be in the discussions. The City Attorney was directed to bring back to Council an amendment to the Orange Municipal Code, utilizing the more restrictive aspects of both the County ordinance and the existing City ordinance, to strengthen it to include the entering of parks, and maintaining increased penalties. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Request for Budget Appropriation for Salary Increases Required by Memorandum of Understanding between the City of Orange and Orange City Firefighters, Inc. Local 2384 of the International Association of Firefighters, AFL -CIO. (Continued from March 22, 2011.) (C2500.J.4.3) Discussion — Human Resources Director Steven Pham gave the staff report. Council requested that the salary figures provided in the survey be verified given salary reductions in other cities; that the information requested at the March 22 meeting be provided to the Council; and noted the Council was contractually obligated to approve this request. MOTION - Cavecche SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to: 1) Appropriate $204,140 from the unreserved balance of the General Fund to 100.30XX *.50101 (Salaries — Safety) and $10,702 from the unreserved balance of the General Fund to 100.30XX *.50102 (Salaries — Misc); and 2) Appropriate $14,213 from the unreserved balance of the EMT Transport Fund to 125.30XX *.50101 (Salaries — Safety). * Requested appropriations will be divided amongst the applicable Fire Department activities. Page 8 CITY COUNCIL MINUTES April 12, 2011 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Request for Direction on Sale or Donation of 1985 Seagrave 100' Tillered Aerial Fire Truck. (C2500.H) MOTION - Dumitru SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to direct the Fire Department to sell the truck to Orange's Sister City, Queretaro, Mexico for fair market value. 7.3 Request for Modification of the Current Military Banner Program. (C2500.N) Discussion — Community Services Director Marie Knight gave a staff report stating that the expansion is to include a gold star banner to honor those who have been killed in the line of duty. The banners are to be placed in Depot Park, and after a year presented to the family. She further stated the installation of the banners would occur in May and November to coincide with Memorial and Veterans Days, and all banners are to be paid for through contributions. MOTION - Cavecche SECOND - Whitaker, Smith, Dumitru, Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve an Amendment to the current Military Banner Program to include a gold star banner honoring those who have been killed in the line of duty; the banners to be displayed at Depot Park; presented to family after a year; installed on same cycle as current banners; and paid for through contributions. 8. REPORTS FROM CITY MANAGER 8.1 Community Services Program Review (Continued from March 22, 2011). Discussion — Community Services Director Marie Knight provided a report on the impacts of budget reductions. Council discussed the possibility of private operators of City facilities and programs given the limited staff, fee increases, non - resident fees, scholarships by non - profit organizations to assist with after - school programs, making more of an effort to publicize the need for assistance with special events, determining what the current city staff can do and do well, consolidating programs, and cited the need for an overall analysis and prioritization of programs, stressing the need for maintaining services related to safety. Councilmember Dumitru suggested an amendment to the Orange Municipal Code to identify the level of the City's catastrophic reserve and what it can be used for; suggesting it not be used for normal city operations, and that it require a 4 /5 vote to amend. Page 9 CITY COUNCIL MINUTES April 12, 2011 9. LEGAL AFFAIRS 9.1 RESOLUTION NO. 10544 (A4000.0 APP - 0528 -11) A Resolution of the City Council of the City of Orange Denying Appeal No. 0528 -11 and Approving Design Review Committee No. 4508 -10 and Administrative Adjustment No. 185- 10 Allowing Construction of a 450 Square Foot Addition with a Reduction in Building Separation between the New Addition and Existing One Car Detached Garage for the Property Located at 626 West Culver Avenue. Applicant: Doug Ely, DSE Architecture Appellant: Old Towne Preservation Association MOTION - Dumitru SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10544. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 7:10 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Govt. Code Section 54957.6: City Negotiators: Assistant City Manager Rick Otto Human Resources /Employee Relations Director Steven Pham Assistant Human Resources Director Mike Harary Attorney Jeffrey Freedman Employee Organizations: All Bargaining Units b. Conference with Legal Counsel — existing litigation pursuant to Govt. Code section 54956.9. Name of case: ACLU v. Tony Rackaukus, et al., United States District Court Case No.: SACV 09- 1090 -VBF (RNBx) 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. Page 10 CITY COUNCIL MINUTES April 12, 2011 7:00 P.M. SESSION 12. PUBLIC COMMENTS - Richard Johnson gave an invitation to the 25 Annual AIDS Walk OC to be held at the Disney Resort on May 1St 13. PUBLIC HEARINGS 13.1 FY 2011 -12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM; AND HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM. (C2500.G.1.3) Time set for public hearing to consider allocation of CDBG funds; and allocation of HOME funds for affordable housing projects. HUD has not notified the City of its FY 2011 -12 CDBG entitlement amount. Therefore, the total proposed budget of $1,378,383 is based on an estimated FY 2011 -12 CDBG entitlement amount of $1,328,383, and assumes that $50,000 in prior year CDBG funds would be rebudgeted for FY 2011 -12. HUD has not notified the City of its FY 2011 -12 HOME entitlement amount. Therefore, staff is estimating the HOME grant will be $596,548. As in previous years, staff is proposing to allocate the funds for affordable housing projects that are identified during the year. Proposed projects will be subject to City Council approval. Discussion — Senior Housing Manager Mary Ellen Laster provided the staff report, stating that the anticipation was for a 7.5% decrease from the past year's allocations. She clarified for Council that Women's Transitional Living Center, located in Fullerton, is funded proportionately to the number of Orange residents they serve. Councilmember Dumitru commented on approval of the funding for Paint Your Heart Out, Inc. being conditioned on their correcting their suspended 5016 designation, as identified on the Secretary of State website. MAYOR CAVECCHE OPENED THE PUBLIC HEARING. Speakers Cathy Seelig, Friendly Center Sue Counts, Assistance League of Orange Tom Maldonado, Senior Center MAYOR CAVECCHE CLOSED THE PUBLIC HEARING. Page 11 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) April 12, 2011 PROJECTS /PROGRAMS Amount Requested Committee Recommendations ADMINISTRATION - 20% Budget Cap is $ 265,677 City Departments - Economic Development Program Administration (Salaries & Benefits, Mainknance & operations, and Contingency) $ 238,569 $ 2 3 8, 5 69 City Departments Administration Subtotal 238,569 238,569 Nonprofit Agencies Orange County Fair Housing Council 27,108 27,108 Nonprofit Agencies Administration Subtotal 27,108 27,108 ADMINISTRATION TOTAL 265,677 265,677 PUBLIC FACILITIES /IMPROVEMENTS/REHABILITATION Budget is $913,449 City Departments - Public Works (listed in priority order Tularosa Avenue Neighborhood - Alley Reconstruction and Overlay $300,000 $ 300,000 Highland Street Neighborhood - Alley Reconstruction 220,000 220,000 Compton Avenue Neighborhood - Street Overlay 215,000 215,000 Hewes Street Alley Reconstruction - Chapman Avenue to 11 S' north of Chapman 18,000 18,000 ADA Access Ramps - Citywide 200,000 95,109 City Departments Facilities /Improvement /Rehabilitation Subtotal 953,000 848,109 Nonprofit Agencies Helping Our Mentally Ill Experience Success, Inc. - Riley House Rehabilitation 1 0,340 10,340 Orange Elderly Services, Inc. - Kitchen Appliance Replacement 35,000 35,000 Paint Your Heart Out, Inc. - Orange Paint Day 20,000 20,000 Nonprofit Agencies Public Facilities /Improvements /Rehabilitation Subtotal 65,340 65,340 PUBLIC FACILITIES /IMPROVEMENTS/REHABH ITATION TOTAL 1,018,340 913,449 PUBLIC SERVICES - 15% Budget Cap is $ 199,257 City Departments - Community Services El Camino, Prospect /Grijalva & Killefer After - School Community Programs 43,170 43,170 City Departments - Police Bike Team Pro 120,000 120,000 City Departments Public Services Subtotal 163,170 163,170 Nonprofit Agencies Assistance League of Orange - Operation School Bell 6,000 6,000 Friendly Center, Inc. - Emergency Assistance and Supplemental Food Programs 1 0,000 7,500 Lestonnac Free Clinic - Diabetic Sanctuary 10,000 7,500 Mariposa Women and Family Center - Community Counseling Program 7 Women's Transitional Living Center, Inc. - Independence from Dependence 10,000 YWCA Central Orange County - First Steps at Beverly's House 7,500 5,087 Nonprofit Agencies Public Services Subtotal 51,000 36,087 PUBLIC SERVICES TOTAL 214,170 199,257 GRAND TOTAL $1,498,187 $1,378,383 Page 12 CITY COUNCIL MINUTES April 12, 2011 13. PUBLIC HEARINGS (Continued) Community Development Block Grant Program 1) Approve the funding recommendations of the CDBG Program Committee for the City's FY 2011 -12 CDBG Program; 2) Authorize staff to adjust the CDBG allocations after the US Department of Housing and Urban Development (HUD) notifies the City of its actual entitlement amount; 3) Authorize staff to request and receive its FY 2011 -12 CDBG entitlement from HUD, and rebudget $50,000 of CDBG funds from prior years; and 4) Authorize the City Manager or his designee to execute FY 2011 -12 Memoranda of Understanding with City Departments, Subrecipient Agreements with nonprofit agencies, and all related CDBG Program documents. MOTION - Bilodeau SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Recommendations 1 — 4 with the condition that Paint Your Heart Out, Inc. rectify their 5016 status suspended by the Secretary of State, prior to receiving funding. HOME Investment Partnerships Act Program 1) Authorize staff to adjust the HOME budget and allocations after HUD notifies the City of its actual entitlement amount; 2) Authorize staff to request and receive its FY 2011 -12 HOME entitlement from HUD; 3) Authorize the City Manager or his designee to execute the FY 2011 -12 HOME Program Grant Agreement and all related documents on behalf of the City. MOTION - Bilodeau SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Recommendations 1 — 3. 13.2 COOPERATION AND REIMBURSEMENT AGREEMENT — CONSTRUCTION OF PROPOSED METROLINK PARKING STRUCTURE. (A2100.0 Agr -5750) Time set for a joint public hearing of the City Council of the City of Orange and the Board of Directors of the Orange Redevelopment Agency to consider a Cooperation and Reimbursement Agreement between the City and Agency relating to construction of the proposed Metrolink Parking Structure project. (See related Redevelopment Agency Minutes Item No. 11. 1.) NOTE: Councilmember Whitaker recused himself from the meeting due to a conflict of interest with his employment; and left the dais. Page 13 CITY COUNCIL MINUTES April 12, 2011 13. PUBLIC HEARINGS (Continued) Discussion — Project Manager Barbara Messick gave the staff report. Assistant City Attorney Ted Reynolds clarified the Council did not need to make a blight finding since the area in question was determined to be blighted when the redevelopment plan was created. He further stated that the Council is required to find that the project would help eliminate blight, which could be found from the synergistic effect that the project would have upon surrounding land uses. Councilmember Dumitru asked whether a private investor had been sought to develop the components of the project that City staff described as a possible grocery store and retail components. Ms. Messick stated that private investors would have to own the land to invest in it, and that working with a consultant it was determined that a grocery store would be feasible, and that once the City found a tenant, the building of the shell could begin. Mayor Cavecche clarified that the focus of the discussion was on the parking and retail components; stated the need for more parking in the downtown area, and stated her support for the recommendation of utilizing future funding. Councilmember Bilodeau stated opposition to obligating funds for the core and shell, but agreed to building the parking structure. Mayor pro tem Smith agreed with utilizing future funds, stating that there is a need for more parking and a retail component has always been part of the plan. Councilmember Dumitru offered agreement with the parking structure, but stated private investors should be looking into retail opportunities, and that he would not support the retail portion without clearly identifying the funding. Ms. Messick stated staff could obtain community input on designs of the parking structure and continue efforts to contact private developers to build the core and shell for retail uses. She explained the requirements for connecting to the historic neighborhood according to the Secretary of the Interior standards, and reiterated that the Orange County Transportation Authority would fund the parking structures. MOTION - Cavecche SECOND - Smith AYES - Smith, Cavecche, Dumitru, Bilodeau ABSENT (RECUSED) - Whitaker Moved to continue to no date certain. Page 14 CITY COUNCIL MINUTES 14. PLANNING AND ENVIRONMENT - None 15. ADJOURNMENT — The City Council adjourned at 8:50 p.m. The next Regular City Council Meeting is scheduled for April 26, 2011. April 12, 2011 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of April 12, 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. M Y E. URPHY CITY CLERK Page 15