Loading...
2/13/2007 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON FEBRUARY 27, 2007 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 13,2007 The City Council of the City of Orange, California convened on February 13, 2007 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 Ric Olsen, Beacon Hills Community Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Teresa Smith 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of the Orange Elderly Services Annual Report given by Executive Director Keith Regan. (A2100.0 Agr-0974.x) 2. PUBLIC COMMENTS - None. 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. Page I CITY COUNCIL MINUTES February 13, 2007 3. CONSENT CALENDAR (Continued) 3.1 Request Council Confirmation of warrant registers dated January 18 and 25, 2007. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, January 23, 2007. (C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Fourth Amendment to Contract Agreement with Municipal Underground Services, Inc. (A2100.0 Agr-4499.4) SUMMARY: The City currently has a contract with Municipal Underground Services, Inc. for routine cleaning of the City's sewer hot spots and emergency maintenance services as required. The current contract amount is not to exceed $30,000.00. Due to some extraordinary maintenance and some required repair work, an additional $22,000 is necessary and the existing contract amount needs to be amended. ACTION: Increased the not to exceed amount in the existing contract with Municipal Underground Services, Inc. by $22,000.00 for a total not to exceed $52,000.00. FISCAL IMPACT: 220-5022-427100 100-5021-424101 Funds are available to cover the cost of the contract as follows: (Sanitation/Contractual Services/Emergency Repairs) $12,000.00 (Repairs to Buildings) $10,000.00 Page 2 CITY COUNCIL MINUTES February 13, 2007 3. CONSENT CALENDAR (Continued) APPROPRIATIONS 3.5 Appropriation of Revenue for Special Events. (C2500.N) SUMMARY: Appropriation of sponsorships and donations received between July 2006 and December 2006 in the amount of $4,155.70 for the purchase of supplies, equipment and entertainment for annual special events. ACTION: Appropriated sponsorships and donations in the amount of $4,155.70 from the following accounts: 100-7001-293900-19050 (Concerts in the Park) 100-7001-293900-1028 (Treats in the Streets) 100-7015-293900-0 1207 (Veterans Day Tribute) 100-7001-293900-1027 (Tree Lighting & Candlelight Choir Procession) TOTAL $2,010.70 1,215.00 300.00 630.00 $4,155.70 To the following accounts: 100-7015-423500 (Other Rentals and Leases) 100-7015-426700 (Professional Services) 100-7015-443800 (Other Recreational Supplies) $ 630.00 2,010.70 1.515.00 TOTAL $4,155.70 FISCAL IMPACT: After the appropriation of special event sponsorship and donations totaling $4,155.70, sufficient funds will be available. 3.6 Acceptance and Appropriation of Revenue for Reading ROCKS Family Literacy Program. (C2500.ij SUMMARY: The Warne Family Charitable Foundation recently made a $25,000.00 grant award to the City of Orange Public Library Foundation (OPLF) to establish Reading ROCKS (Reaches Orange City KidS), a family literacy program, at the Taft and EI Modena branch libraries. OPLF is donating the $25,000.00 to the City for program administration, as library staff will oversee the part-time contract employee who will operate Reading ROCKS. Acceptance of this revenue and its appropriation into the FY 06-07 budget are requested. ACTION: 1) Accepted into the City's revenue budget from the City of Orange Public Library Foundation (OPLF) a $25,000 grant award from the Warne Family Charitable Foundation, into Account 100-2001-264950-9981 and 2) appropriated the $25,000 donation to Account No. 100-2001-426700-9981 (Reading ROCKS) FISCAL IMPACT: Orange Public Library will be able to offer family literacy help and special programs thanks to these funds. Without this generous donation, Reading ROCKS would not be offered. Page 3 CITY COUNCIL MINUTES February 13,2007 3. CONSENT CALENDAR (Continued) BIDS 3.7 Bid No. 067-30, Approval of plans and specifications and request authorization to advertise for bids for construction of Community Development Block Grant (CDBG) Project - Beverly Drive and Crescent Drive Rehabilitation (SP-3574). (S4000.S.7) SUMMARY: Plans and specifications have been completed for the rehabilitation of Beverly Drive and Crescent Drive under the CDBG Program. The project is ready to be advertised. The total estimated construction cost including contingencies and construction engineering (15%) is $130,000. ACTION: Approved plans and specifications and authorized advertising for bids for the Beverly Drive and Crescent Drive Rehabilitation Project. FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are available in the following account: 310-9645-483300-4053 CDBG Beverly Dr. Rehabilitation 310-9645-483300-4054 CDBG Crescent Dr. Rehabilitation $ 95,000.00 60,000.00 3.8 Bid No. 067-33, Civic Center Emergency Generator Replacement; SP-3586, Approval of plans and specifications and authorization to advertise for bids. (C2500.M) SUMMARY: Plans and specifications have been completed for the site location, installation and seismic anchoring of a new replacement emergency generator at the Civic Center. The plans have been reviewed and approved by the Fire Department and the Community Development Department. The project is ready to be advertised for bids. The project is estimated at $225,000. ACTION: Approved plans and specifications and authorized advertisement for bids for a new replacement emergency generator at Civic Center. FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are available in the following account: 120-5028-481301-9828 (Civic Center Emergency Generator) $248,746 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. Pedro Armendariz ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Page 4 CITY COUNCIL MINUTES February 13,2007 3. CONSENT CALENDAR (Continued) CONTRACTS 3.10 Final Acceptance of Bid No. 045-48; Fire Station No.8 and Carver Pump Station Project. (No Staff Report Required) (A2100.0 Agr-4740) SUMMARY: Bid No. 045-48, for the Fire Station No.8 and Carver Pump Station Project has been completed by Gamut Construction Company, Inc. Staff recommends acceptance of this project. ACTION: Accepted improvements and authorized release of Fidelity and Deposit Company of Maryland performance Bond No. 08748893 in the amount of $3,303,997.00 FISCAL IMPACT: None. 3.11 Final Acceptance of Bid No. 056-43; Waterline Renewal for Blake St., Center St. and Grand St. and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr-4916) SUMMARY: Bid No. 056-43; Waterline Renewal for Blake St., Center St. and Grand St. The contractor on said job was West Valley Construction, Inc. ACTION: Accepted public work improvements; authorized release of Safeco Insurance Company of America, Bond No. 4284, in the amount of $25,524.90 and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. 3.12 Final Acceptance of Bid No. 067-08; Street Widening for Chapman Avenue Southside from SR-55 to Malena Drive. (No Staff Report Required) (A2100.0 Agr-4944) SUMMARY: Bid No. 067-08, for the Street Widening for Chapman Avenue Southside from SR-55 to Malena Drive Project has been completed by All American Asphalt. Staff recommends acceptance of this project. ACTION: Accepted improvements and authorized release of performance Bond No. 08853211 in the amount of$916,303.00. FISCAL IMPACT: None. Page 5 CITY COUNCIL MINUTES February 13, 2007 3. CONSENT CALENDAR (Continued) DONATIONS 3.13 Donation of breaching equipment to the Police Department's Special Weapons and Tactics (SWAT) Team. (C2500.K) SUMMARY: The Mark Company located at 2288 N. Batavia Street in Orange, CA is donating a STIHL TS 400 Cutquik gas-operated saw and two cutting blades to the Orange Police Department Special Weapons and Tactics Team. ACTION: Accepted the donation of the STIHL TS 400 Cutquik saw and blades for exclusive use by the Patrol Division SWAT Team. FISCAL IMPACT: None. PURCHASES 3.14 Purchase of three Marauder II Fire Pumpers for the Orange Fire Department. (A2100.0 Agr.5041) SUMMARY: Authorization for the purchase of three Marauder II Fire Pumpers from Seagraves Fire Apparatus, LLC in the amount of $1,355,561.31. The purchase price includes only the fire pumpers and not the necessary related equipment. A separate agenda item will be brought before the City Council in approximately eight months for the related equipment. NOTE: Mayor pro tern Dumitru abstained from voting on this item. ACTION: I) Rejected the bid of Kovatch Mobile Equipment Corporation (KME), the apparent low bidder, on the basis that it is non-responsive to the particular requirements ofthe products and services sought by the City; 2) Awarded a contract to the next lowest bidder, Seagraves Fire Apparatus, LLC, for the purchase of three Marauder II Fire Pumpers; and 3) Authorized the City Manager to surplus three fire pumpers that are being replaced by these new units. FISCAL IMPACT: Funds are budgeted and available to cover the cost of the apparatus in the following account: 720-5023-472102 (Vehicle Replacement Fund FY 06-07) $1,355,561.31 3.15 Purchase 16 Canberra Ultraradiac Personal Dosimeters. (C2500.H) SUMMARY: Purchase of additional radiological dosimeters to provide the minimum number needed for on duty fire department personnel. ACTION: Authorized the transfer of $9,845.60 from 120-3021-481302-2530 (Cardiac Monitor Project) to 120-3021-471301 (purchase of equipment); and authorized purchase of 16 additional radiological dosimeters from Canberra Industries at a cost of$9,845.60 FISCAL IMPACT: Upon authorization of the transfer, sufficient funds will be available. Page 6 CITY COUNCIL MINUTES February 13, 2007 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.16 RESOLUTION NO. 10163 (S4000.S.4) A Resolution of the City Council of the City of Orange temporarily closing sections of public streets for approved special events. DATE Aug 31 - Sept 3,2007 Oct 25, 2007 Dec I, 2007 Apr 20, 2008 DATE Nov 2-4, 2007 Nov 11,2007 DATE Apr 18, 2007 Jun 10 & 14,2007 Ju13,2007 Aug 31 - Sept 3, 2007 Nov 2-3, 2007 DATE Aug 31- Sept 3, 2007 ACTION: Approved. EVENT - PLAZA CLOSURE International Street Fair Treats In The Streets Tree Lighting & Candlelight Choir Procession Charity Car Show - Orange Sunrise Rotary EVENT-STREET CLOSURE St. John's Annual Family Fall Festival- Shaffer Street Veterans Tribute - Atchison Street EVENT - SUSPEND PERMIT PARKING Orange High School Blossom Festival Chapman Univ. Neighborhood Permit Parking Area Orange High School Baccalaureate & Graduation Chapman Univ. Neighborhood Permit Parking Area July 3'd Celebration Permit Parking Areas D & G International Street Fair Chapman Univ. Neighborhood Permit Parking Area Chapman University American Celebration Chapman Univ. Neighborhood Permit Parking Area EVENT - CLOSURE OF MUNICIPAL PKG LOT International Street Fair Municipal Lots J & K 3.17 RESOLUTION NO. 10164 (C2500.H) A Resolution of the City Council of the City of Orange Expressing Appreciation to Jack R. Hill of the City of Orange Fire Department and Commending him for twenty- five years of loyal and dedicated service. ACTION: Approved. Page 7 CITY COUNCIL MINUTES February 13,2007 3. CONSENT CALENDAR (Continued) 3.18 RESOLUTION NO. 10165 (A4000.0 APP-0514-06) A Resolution of the City Council of the City of Orange approving Conditional Use Permit No. 2595-06 to allow the co-location of three antennas onto an existing non- stealth wireless communication facility, including aboveground support equipment, at the property located at 2910 North Santiago Boulevard. Applicant: Royal Street Communications, LLC ACTION: Approved. (REMOVED AND HEARD SEPARATELY) 3.19 RESOLUTION NO. 10166 (ORI800.0.27.17) A Resolution of the City Council of the City of Orange Amending the Membership of the Audit Committee. MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau Moved to continue to February 27, 2007. 3.20 RESOLUTION NO. 10167 (C2500.H) A Resolution of the City Council of the City of Orange Expressing Appreciation to Kent Keilholtz of the City of Orange Fire Department and Commending him for twenty years of loyal and dedicated service. ACTION: Approved. 3.21 RESOLUTION NO. 10168 (C2500.H) A Resolution of the City Council of the City of Orange Expressing Appreciation to Thomas P. Martin of the City of Orange Fire Department and Commending him for thirty-five years ofloyal and dedicated service. ACTION: Approved. Page 8 CITY COUNCIL MINUTES February 13,2007 3. CONSENT CALENDAR (Continued) 3.22 RESOLUTION NO. 10169 (C2500.H) A Resolution of the City Council of the City of Orange Expressing Appreciation to Alan F. Walker of the City of Orange Fire Department and Commending him for almost twenty-six years of loyal and dedicated service. ACTION: Approved. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau Councilmember Dumitru abstained on item 3.14; Item 3.19 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. 4.1 Consideration of appointment to the Investment Advisory Committee. (ORI800.0.27.13) MOTION - Cavecche SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau Moved to appoint Ken Romero to the Investment Advisory Committee, term to expire January 30,2009. 4.2 Consideration of reappointments to the Investment Advisory Committee. (ORI800.0.27.13) MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau Moved to reappoint Michael Helmuth and Eric Inglett to the Investment Advisory Committee, terms to expire January 30, 2009. Page 9 CITY COUNCIL MINUTES February 13, 2007 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS - None. 8. REPORTS FROM CITY MANAGER 8.1 Report on Police Staffing levels. (TAPE 425) (C2500.K) City Manager, John Sibley reported on current staffing levels in the Police Department, stating that a year ago the department was down 17 positions; however, currently all 161 positions are filled. He stated that the upcoming budget includes three new positions as part of a plan to increase staffing over the next five years. In response to questions by Mayor pro tern Dumitru, it was determined that the two Traffic Safety Grant funded positions in 2004 have remained on the force; 7 of the 17 positions filled are in Patrol; 10 are in the academy, and will receive additional training to become officers; and an increase of3,000 calls over last year is projected. Police Chief, Bob Gustafson responded to questions from Councilmember Smith regarding the number of incident reports increasing; and that the reserve officers are used to man the jail, transport prisoners, work crowd control, but are not used to handle regular police patrol duties. He also stated that the additional officers requested for Fiscal Year 2008 budget would be placed in patrol positions. Mayor Cavecche requested additional information on the city's response time and public service levels and how Orange compares with other Orange County cities. Chief Gustafson responded to Mayor Cavecche that quality of work performance, commendations, complaints, productivity of field staff, technology status and its impact on the force, and the evaluation process were all areas for performance measure identification. He then explained the level of response time to Priority 1 and Priority 2 calls, given the increase in their volumes; and listed the different programs the department provides to the community. He noted that the crime rate has dropped over the past two years; however, a different element of the criminal community is becoming active in the city-individuals who do not live or work in Orange. Page 10 CITY COUNCIL MINUTES February 13,2007 8. REPORTS FROM CITY MANAGER (Continued) Speaker: Dan Slater - spoke on the need to be proactive in addressing the increase of crime in the City by hiring more officers. In response to a question from Councilmember Murphy, Chief Gustafson indicated that graduating police officers are placed on patrol duty upon completion of the academy. Mayor Cavecche stated her support of a strategic staffing plan, looking at deployment strategies and utilizing technological advancements. She stated her support for providing excellent police services and an ongoing hiring process. The City Manager's Office was requested to provide Council with copies of the Police Chief's reports on staffing. 8.2 Report on Enhancement of Community Development Department's Code Enforcement Program. (TAPE 2065) (A2100.0 Agr-4679.A.3) SUMMARY: At the December 12, 2006 City Council meeting, staff was directed to prepare a report assessing the need and feasibility of enhancing the Code Enforcement program. Based on the findings and recommendations included in the attached report from the Community Development Director related to the Code Enforcement program, a number of enhancements are being proposed as part of this Agenda report. Of particular note, it is proposed that one new Code Enforcement Officer position be included in the proposed FY 2007-08 Budget. Until that position is funded and filled, it is proposed that the level of contract code enforcement support be increased to allow for the addition of one full-time contract Code Enforcement Officer. Sr. Assistant to the City Manager, Rick Otto reported that an additional officer would allow the department to enhance a proactive approach to code enforcement. Councilmember Smith asked about the use of the City's pool car fleet to provide the code enforcement officers with transportation; and clarified her understanding of the proposed use of computers in the field for report writing. Mayor Cavecche clarified that the department's current staff consists of one Senior Code Enforcement Officer and three Code Enforcement Officers with one of the Code Enforcement Officers on leave, being replaced with a part -time contractor. She expressed her desire for approval to fund one full-time and one part-time employee. Mayor pro tern Dumitru commented on the use of volunteers to assist with the office duties. Page II CITY COUNCIL MINUTES February 13, 2007 8. REPORTS FROM CITY MANAGER (Continued) Speakers - Spoke on the need for increased code enforcement staffing and a proactive approach for the community; a need for neighborhood involvement; an administrative citation program; spoke on issues with funding for contract employees; day laborer issue; illegal parking issues; illegal boarding houses. Fred Smoller; Charles Schroeder; Dan Slater; Mel Vernon; Tom Hackett. Mayor Cavecche explained it was her request for current contract services in order to get additional officers out in the community in a timely manner. Council discussed the need to require officers to work during off-hours to maximize the opportunity to catch violators. MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau MOVED TO: I. Direct staff to include one new Full Time and one new Part Time Code Enforcement Officer position and related equipment in the FY 2007-08 Budget; 2. Approve the Third Amendment to the Consultant Services Agreement for Code Enforcement Services between the City of Orange and Willdan, Inc. in an amount not to exceed $78,000 and authorize the Mayor and City Clerk to execute the agreement on behalf of the City; 3. Appropriate $78,000 from the General Fund unreserved fund balance to the Code Enforcement program account (100-6032-427800 - Contractual Services); 4. Direct staff to provide an update report at the November 27,2007 Council meeting. FISCAL IMPACT: To enhance the Code Enforcement program for the remainder of the fiscal year, an additional $78,000 will be needed from unappropriated General Fund reserves to fund an amendment to the consultant services agreement with Willdan. The fiscal impact related to adding one new full-time Code Enforcement Officer position to the FY 2007-08 Budget is approximately $122,000. Page 12 CITY COUNCIL MINUTES February 13,2007 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 16-06 (SECOND READING) (Continued from January 23, 2007) (A2S00.0 Ord-16-06 Graffiti) An Ordinance of the City Council of the City of Orange Amending Chapter 8.37 of the Orange Municipal Code relating to removal of Graffiti from private structures on public property. MOTION SECOND AYES ABSENT - Cavecche - Smith - Smith, Murphy, Cavecche, Dumitru - Bilodeau Moved that Ordinance No. 16-06 be read by title only and same was approved and adopted by the preceding vote with the word "substantial" removed from the text of the ordinance. 9.2 ORDINANCE NO. 3-07 (SECOND READING) (A2S00.0 Ord-03-07 Traffic) An Ordinance of the City Council of the City of Orange Amending Section 10.59.030 of Chapter 10.59 of the Orange Municipal Code Pertaining to No Pedestrian Crossing Zones. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau Moved that Ordinance No. 3-07 be read by title only and same was approved and adopted by the preceding vote. 9.3 ORDINANCE NO. S-07 (FIRST READING) (A2S00.0 Ord-OS-07 Animal Control) An Ordinance of the City Council of the City of Orange Amending Section 6.04.010 of Chapter 6.04 of the Orange Municipal Code and Adopting Title 4, Division 1 and Title 5, Divisions 1, 2 and 3 of the Codified Ordinances of the County of Orange Pertaining to Regulation of the Control of Animals. MOTION - Cavecche SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau Moved that Ordinance No. 5-07 be read by title only and same was set for second reading by the preceding vote. Page 13 CITY COUNCIL MINUTES February 13,2007 9. LEGAL AFFAIRS (Continued) 9.4 ORDINANCE NO. 6-07 (FIRST READING) (A2500.0 Construction & Demolition) An Ordinance of the City Council of the City of Orange Amending Chapter 8.28 of the Orange Municipal Code Relating to Recycling of Self-Hauled Construction and Demolition Waste. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau Moved to continue Ordinance No. 6-07 to February 27, 2007. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed to a Closed Session at 6:30 p.m. for the following purposes: a. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Attorney 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. 12. ADJOURNMENT - The City Council adjourned at 7:00 p.m. There was no 7:00 p.m. Session scheduled. The next Regular Council meeting is scheduled for February 27, 2007. Declaration of City CIerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of February 13, 2007 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, Shaffer Park; 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. Y . Y CITY CLERK Page 14