10/14/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON OCTOBER 28, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 14 2008
,
The City Council of the City of Orange, California convened on October 14,2008, 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 Reverend Stephanie Glassman, First United Methodist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 241, St. Paul's Lutheran Church
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Bilodeau
Dumitru
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Community Services V olunteens.
Presentation of Proclamation recognizing October as Community Planning Month.
Announcement - Treats in the Streets Autumn Festival on Thursday, October 30th.
2. PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES
October 14, 2008
3. CONSENT CALENDAR
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 Request Council Confirmation of Warrant Registers dated September 11, 18, and
25, 2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, September 23, 2008.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Second Amendment to Agreement for Engineering Design Services for the Main
Street Widening Project. (A2100.0 Agr-4762.2)
ACTION: Approved the second amendment to the agreement with KFM Engineering
in an amount not to exceed $65,760.25; and authorized the Mayor and City Clerk to
execute the amendment on behalf of the City.
3.5 Agreement for Surveying Services for the Batavia Street and Glassell Street
Sidewalk Improvements Project. (A2100.0 Agr-5331)
ACTION: Approved the agreement with Joseph C. Truxaw and Associates in an
amount not to exceed $24,900; and authorized the Mayor and City Clerk to execute the
agreement on behalf of the City.
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CITY COUNCIL MINUTES
October 14,2008
3. CONSENT CALENDAR (Continued)
3.6 Professional Services Agreement for Special Inspections and Material Testing
for the EI Camino Real Park Renovation Project. (A2100.0 Agr-5332)
ACTION: Approved agreement with MTGL Inc., in the amount of $110,000 and
authorized the Mayor and the City Clerk to execute on behalf of the City.
APPROPRIATIONS
3.7 Request to accept into the City's Revenue Budget and to appropriate a $25,000.00
donation from the Friends of the Orange Public Library toward the Local History
Digitization Project. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $25,000.00 donation from the
Friends of the Orange Public Library, into Revenue Account 100-2001-293900-9990
(Friends of the Library Donations); and 2) Appropriated the Friends' donation to
Account 100-2016-926700-9990.
3.8 Request to accept into the City's Revenue Budget and to appropriate an $8,005.00
donation from the City of Orange Public Library Foundation toward New Sign age
and Donor Wall Stones at the Orange Public Library and History Center.
(C2500.I)
ACTION: 1) Accepted into the City's revenue budget an $8,005.00 donation from
Orange Public Library Foundation into Revenue Account 100-2001-293900-9932
(Library Foundation - Donations); and 2) Appropriated Orange Public Library
Foundation's donation to Account 100-2001-449600-9932 (Library Administration -
Miscellaneous Expenditure).
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. Janelle Barry
b. Maria Daniela Benitez
c. Anton J. Patterson
d. Lonnie Coulston
e. Ana Christina Sorilla
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
October 14,2008
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.10 Contract Change Order No. 1 for ADA Wheelchair Access Ramps Project at
various locations, Fiscal Year 2008-09. (A2100.0 Agr-5317)
ACTION: 1) Transferred $60,000 from Account 310-9645-491300-1070 (CDBG
Contingency Fund) to Account 310-9645-483300-1328 (ADA Ramp Improvements);
and 2) Approved Contract Change Order No.1 in the amount of $73,860 to Kalban,
Inc., for the extra work.
3.11 Contract Change Order No.3 and Final for Annual Street Maintenance Asphalt
Concrete Overlay Project. (A2100.0 Agr-5260)
ACTION: Approved Contract Change Order No. 3 and Final with R.J. Noble
Company in the amount of$83,129.02.
3.12 Final Acceptance of Bid No. 078-03; Installation of New Floor Covering at Civic
Center Administration, Finance and Public Works Offices and Meeting Rooms.
Contractor: Delta Commerce Corporation. (No staff report required)
(A2100.0 Agr-5123)
ACTION: Accepted public work improvements, authorize release of American
Contractors Indemnity Company of California, Bond No. 1000754858 in the amount of
$92,545.09 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
PURCHASES
3.13 Purchase of a Generator, Satellite System and TV modulators for the Police
Department's Mobile Command Post. (C2500.K)
ACTION: Appropriated $22,000 to Account 355-4011-471301 (Federal Asset
Forfeiture-Administration-Equipment) for the purchase of the generator, satellite
system and TV modulators from 911 Vehicle as a sole source vendor.
3.14 Purchase of Neptune Replacement Water Meters. (C2500.P)
ACTION: Authorized purchase of Neptune replacement water meters from Neptune
Technology, on an as needed basis in an amount not to exceed $207,000.00.
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CITY COUNCIL MINUTES
October 14,2008
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.15 RESOLUTION NO. 10326 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2008-04 adjusting lot lines of certain real properties situated at 1161 North
Coyote Lane and 1051 N. Meads Avenue (the Ridgeline Golf Course) in the City of
Orange, County of Orange, State of California.
Owners: The Thon Revocable Family Trust & Milan REI IV, LLC
ACTION: Approved Resolution No. 10326.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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CITY COUNCIL MINUTES
October 14, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report on Agreement with Orange County Transportation Authority for Railroad
Grade Crossing Safety Enhancements and Measures Related to Quiet Zone
Implementation. (A2100.0 Agr-5333)
Discussion - Public Works Department Deputy Director, Frank Sun provided a staff report,
stated that this item establishes cooperation between agencies to fund and build the quiet zones
which is the first step in the process. He noted that the deadline for approval of the agreement
with Metrolink (SCRRA) had been extended to October 31, 2008, to provide more time to
reach agreement on defense and indemnity language.
City Attorney, David DeBerry, responding to questions from Council, stated that the words
"operating railroads" in Article 8b should be stricken from the final agreement; that continuing
negotiation for minimizing the City's liability was being pursued; and that the OCTA
agreement anticipates the City would enter into a subsequent agreement with Metorlink.
Speaker - Joyce McAfee, address on file, spoke on the need for quiet zones as the train noise is
affecting quality of life.
Council acknowledged the receipt of letters from the public on this issue and the awareness of
the quality of life issues; the fiscal responsibility the council has to the city and the need to
finalize details of the agreement and to cover all bases regarding the liability issues.
RESOLUTION NO. 10321
A Resolution of the City Council of the City of Orange approving and authorizing the
execution of a Cooperative Agreement between the Orange County Transportation Authority
and the City of Orange for Railroad Grade Crossing Safety Enhancements and Safety
Measures related to Quiet Zone Implementation.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru
Moved to approve Resolution No. 10321, approving the cooperative Agreement with OCTA
with the deletion of the words "operating railroad" in Article 8b.
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CITY COUNCIL MINUTES
October 14,2008
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report on Agreement with Southern California Regional Rail Authority for
Construction and Maintenance of Railroad Grade Crossing Safety Enhancements related
to Quiet Zone Implementation. (A2100.0 Agr-5334)
Discussion - Staff reported that OCT A has extended the deadline for approval of an SCRRA
agreement to October 31, 2008 in order to give the City and SCRRA more time to come to an
agreement on the defense and indemnity language.
RESOLUTION NO. 10322
A Resolution of the City Council of the City of Orange approving and authorizing the
execution of an Agreement between the Southern California Regional Rail Authority and the
City of Orange for Construction and Maintenance of Railroad Grade Crossing Safety
Enhancements and Measures related to Quiet Zone Implementation.
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru
Moved to continue to October 28, 2008 at 4:30 p.m.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 17-08 (SECOND READING) (Continued from September 23,
2008) (A2500.0 Ord-17-08 Parking)
An Ordinance of the City Council of the City of Orange amending Chapter 17.34 of the
Orange Municipal Code to modify the City's Off-Street Parking and Loading requirements.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru
Moved that Ordinance No. 17-08 be continued to no date certain.
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CITY COUNCIL MINUTES
October 14,2008
10. PUBLIC HEARINGS
10.1 FIRST AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF ORANGE AND NORTH ORANGE DEL RIO LAND, LLC.
(A2100.0 Agr-4498.1)
Note: Councilmember Bilodeau recused himself due to a potential conflict of interest and
left the dais.
Time set for public hearing to consider an ordinance approving the First Amendment to a
Development Agreement relating to the Development of the property generally located West of
Glassell Street, North of Lincoln Avenue and South and East of the Santa Ana River Channel.
Discussion - City Attorney, David DeBerry gave the report stating that the amendment was
needed to address the occupancy cap previously put in place and the completion date of the
wall between the development and the neighboring sand and gravel operation. He noted that
the sports park completion date of October 19,2009, is not affected.
THE MAYOR OPENED THE PUBLIC HEARING.
Speaker - Donna Kelly, Representing Builder Lennar Homes, spoke on occupancy caps. She
stated that all segments of the proposed wall can be completed by December 19,2008.
THE MAYOR CLOSED THE PUBLIC HEARING.
Councilmember Murphy summarized the requested increase in the occupancy cap from 140 to
155 with all three sections of the wall be completed by December 19, 2008. He also noted his
concern with the fact that the requested proposal had been modified since the Planning
Commission review.
Mayor Cavecche requested a memo be given to the Council on the progress and timeline of the
proposed sports park.
Council Action
ORDINANCE NO. 13-08 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the First Amendment to
Development Agreement by and between the City of Orange and North Orange Del Rio Land,
LLC, relating to the development of the property generally located West of Glassell Street,
North of Lincoln Avenue and South and East ofthe Santa Ana River Channel.
Applicant: North" O~ange Del Rio Land, LLC
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche
ABSENT (Recused) - Bilodeau
ABSENT - Dumitru
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CITY COUNCIL MINUTES
October 14,2008
10. PUBLIC HEARINGS (Continued)
Moved that Ordinance No. 13-08 be read by title only and same was set for second reading by
the preceding vote; with the stipulation that all segments of the block wall on the west side of
the property be completed by December 19,2008.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. 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 54954.5:
City Negotiators: Personnel Director Steven Pham / Personnel Manager Mike Harary
Employee Organizations: Orange Police Management
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.
13. ADJOURNMENT - The City Council adjourned at 6:15 p.m.
There was no 7:00 p.m. Session scheduled for the October 14, 2008 Council Meeting. The
next Regular Council meeting is scheduled for October 28,2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of October 14,2008 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.
{P~tlURPHY
/' CITY CLERK
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