10/28/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 12, 2008
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
October 28, 2008
The City Council of the City of Orange, California convened on October 28, 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 John Adams, Christian Businessmen's Committee
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Proclamation to Assemblymember Bob Huff.
Presentation of Employee Service Awards.
Announcement - Treats in the Streets and Veterans' Day Tribute.
2. PUBLIC COMMENTS - None.
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October 28,2008
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 October 2, 9, and 16,
2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of October 14, 2008.
(C2500.D.4)
NOTE: Mayor pro tem Dumitru abstained from voting on this item.
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.4 Receive and file the City Treasurer's Report, period ending September 30, 2008.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Mills Act Contract No. MAC-175.0-08 (Historic Property Preservation
Agreements) 540 E. Washington Avenue. (A2100.0 Agr-5340)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-175.0-08),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.6 Mills Act Contract No. MAC-176.0-08 (Historic Property Preservation
Agreements) 168 S. Harwood Street. (A2100.0 Agr-5341)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-176.0-08),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
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October 28, 2008
3. CONSENT CALENDAR (Continued)
3.7 Mills Act Contract No. MAC-177.0-08 (Historic Property Preservation
Agreements) 368 S. Glassell Street. (A2100.0 Agr-5342)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-177.0-08),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.8 Mills Act Contract No. MAC-178.0-08 (Historic Property Preservation
Agreements) 186 S. Lemon Street. (A2100.0 Agr-5343)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-178.0-08),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.9 Mills Act Contract No. MAC-179.0-08 (Historic Property Preservation
Agreements) 815 E. Palmyra Avenue. (A2100.0 Agr-5344)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-179.0-08),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
BIDS
3.10 Plans and Specifications and Authorization to Advertise for Bids; Bid No. 089-13:
Main Street and Taft Avenue Sidewalk Improvements Project (CIP 4700, 4701,
4702, and 4707). (S4000.S.3.2)
ACTION: 1) Approved plans and specifications and authorize advertising for the Main
Street and Taft Avenue Sidewalk Improvements Project; 2) Appropriate $156,235
from 550 Funds to Account No. 550-5011-483300-4707 for the Federal grant's share of
reimbursable project costs for Taft Avenue Sidewalk, Santa Ana River to Batavia
Street; and 3) Reduce the appropriation for Project 4702, Account 550-5011-483300-
4702, by $56,000.
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. Olivia Baida- Valencia
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Request to contract with Progressive Technology Federal Systems (PTFS, Inc.) for
data conversion and digitization of early city directories and certain historic city
newspapers in the Local History archives of the Orange Public Library and
History Center. (A2100.0 Agr-5345)
ACTION: Approved the agreement with PTFS, Inc., for digitization and consultant
services at a cost not to exceed $100,000.00; and authorized the Mayor and City Clerk
to execute the agreement on behalf of the City.
(REMOVED AND HEARD SEP ARATEL Y)
3.13 Contract Change Order for purchase and installation of above ground fueling
station at Fire Station 8. (A2100.0 Agr-5304)
Discussion - Fire Captain Greg Lewin responded to a question by Mayor Cavecche
stating that the change order was necessary to address modifications to the fuel site.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved the Contract Change Order for $34,552 - Peterson Hydraulics,
Inc.
3.14 Contract Change Order No. 3 and Final Supplement for Annual Street
Maintenance Asphalt Concrete Overlay Project. (A2100.0 Agr-5260)
ACTION: Approved Contract Change Order No.3 and Final Supplement with R.J.
Noble Company in the amount of $20,000.
3.15 Final Acceptance of Bid No. 078-64; SP-3567; Fire Department Headquarters
Tenant Improvements (No staff report required). (A2100.0 Agr-5302)
ACTION: Accepted public work improvements, authorize release of Western Surety
Company of South Dakota, Bond No. 70559929 in the amount of $48,833.75 and
authorize the Mayor and City Clerk to execute the Notice of Completion.
3.16 Final Acceptance of Bid No. 089-04; SP-3662; CDBG Project - Americans with
Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations, Fiscal
Year 2008-09 (No staff report required). (A2100.0 Agr-5317)
ACTION: Accepted public work improvements; authorize release of Guarantee
Company of North America USA of Michigan Bond No. 12055352 in the amount of
$86,240.00 and authorize the Mayor and City Clerk to execute the Notice of
Completion.
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3. CONSENT CALENDAR (Continued)
3.17 Purchase of infraMap Software licenses, field laptop computers, and Trimble
Pathfinder GPS devices. (C2500.M)
NOTE: Councilmember Murphy abstained from voting on this item.
ACTION: Authorized the purchase of infraMap Software, field laptop computers, and
Trimble Pathfinder GPS devices from iWater, Inc. in the amount of$56,245.
PURCHASES
3.18 Purchase of 12 Dodge Charger Police Pursuit Vehicles (PPVs) and Award of
Contract for Code III Pursuit Equipment. (C2500.K)
ACTION: 1) Approved purchase of 12 Dodge Charger PPVs from McPeek Dodge of
Anaheim, CA in the amount of $331,086.96; 2) Awarded contract for outfitting
vehicles to Hi Standard of Orange, CA in the amount of$115,625.16 and authorize the
Mayor and City Clerk to execute the contract; and, 3) Authorized the City Manager, or
designee, to dispose of the replaced vehicles as surplus.
3.19 Purchase and install 11 Motorola Mobile Radios which meet the current
communication standards of emergency vehicle radios. (C2500.H)
ACTION: Authorized the purchase and installation of 11 XTL2500 digital Motorola
Mobile Radios from Comserco Communications for $63,955. These units meet the
current communication standards of emergency vehicle radios for Orange Fire
Department engines, trucks, and rescue ambulances.
3.20 Purchase of two forensics computers and software for the Police Department.
(C2500.K)
NOTE: Councilmember Murphy abstained from voting on this item.
ACTION: Appropriated $10,800 to Account 355-4031-471301 (Federal Asset
Forfeiture-Detectives-Equipment) for the purchase of the computers and related
software from Silicon Ave, Inc. as a sole source vendor.
RESOLUTIONS
3.21 RESOLUTION NO. 10330 (B5000.0)
A Resolution of the City Council of the City of Orange Readopting the City's
Bikeways Master Plan.
ACTION: Approved Resolution No. 10330.
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October 28, 2008
3. CONSENT CALENDAR (Continued)
3.22 RESOLUTION NO. 10331 (B5000.0)
A Resolution of the City Council of the City of Orange authorizing the submittal of an
application to the California Department of Transportation's Bicycle Facilities Unit for
a grant under the 2008-09 Bicycle Transportation Account for the design and
construction of a Class I bikeway along the northerly side of Bond Avenue between
Prospect Street and Hewes Street as part of the Santiago Creek Bike Trail.
ACTION: Approved Resolution No. 10331; and Approve plans and specifications and
authorize advertising for bids for Santiago Creek Bike Trail North Project - Bond
A venue, from Prospect Street to Hewes Street.
3.23 RESOLUTION NO. 10334 (C2500.K)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Captain Steve Ames of the Orange Police Department and Commending Him for over
30 Years of Loyal and Dedicated Service.
ACTION: Approved.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Councilmember Murphy recorded an abstention on Items 3.17 and 3.20 due to a
potential conflict of interest with his employment. Mayor pro tem Dumitru recorded an
abstention on Item 3.2. Item 3.13 was removed and heard separately. All other 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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October 28, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report on Agreement with Southern California Regional Rail Authority for
Construction and Maintenance of Railroad Grade Crossing Safety Enhancements related
to Quiet Zone Implementation. (Continued from October 14,2008) (A2100.0 Agr-5334)
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.
Discussion - Mayor Cavecche thanked City Attorney, David DeBerry for re-negotiating the
indemnity clause of the agreement to remove the City's liability from the entire project and
limit it to the work performed on the quiet zone improvements only.
Councilmember Smith thanked the community for their initiation of this project and City staff
for their diligent work with OCTA and Metrolink on improvements to rail safety in the City.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10322.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 13-08 (SECOND READING) (A2100.0 Agr-4498.1)
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 of the Santa Ana River Channel.
Applicant: North Orange Del Rio Land, LLC
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche
ABSTAIN - Dumitru, Bilodeau
Moved that Ordinance No. 13-08 be read by title only and same was adopted by the preceding vote.
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CITY COUNCIL MINUTES
October 28, 2008
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5: 10 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary
Employee Organizations: All Bargaining Units
b. Conference with Legal Counsel-Anticipated Litigation
Significant exposure to litigation pursuant to Government Code section 54956.9 (one potential
case ).
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 Council adjourned at 6:00 p.m.
There was no 7:00 p.m. Session scheduled for the October 28,2008 Council meeting.
Due to the Veterans Day Holiday on Tuesday, November Ilt\ the next Regular Council
meeting is scheduled for Wednesday, November 12, 2008 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of October 28,2008 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.
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CITY CLERK
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