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Home My WebLink About10-28-2008 Council MinutesAPPROVED 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.Pa2:e 1 CITY COUNCIL MINUTES 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 CITY COUNCIL MINUTES 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) CITY COUNCIL MINUTES October 28, 2008 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 CITY COUNCIL MINUTES October 28, 2008 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 CITY COUNCIL MINUTES 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.Page 6 CITY COUNCIL MINUTES 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.Page 7 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. CITY CLERK Page 8