5/8/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY 22, 2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 8, 2007
The City Council of the City of Orange, California convened on May 8, 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 Father Bill Cao, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mark Murphy
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru, Bilodeau
None
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation for National Fibromyalgia Association was presented.
Presentation of Letter of Appreciation from Kenneth R. Vecchiarelli, Assistant General
Manager, Yorba Linda Water District to Public Works Department, Water Division.
Proclamation honoring Public Works Week, May 20 through 26, 2007 was presented.
Councilmember Smith announced that the City of Orange will be featured on Huell
Howser's California Gold TV show on May 20th and May 27th; and announced the
rededication of Pitcher Park on May 12th.
2. PUBLIC COMMENTS
Rita Gieber, spoke on the railroad right-of-way property between LaVeta and Fairhaven
and submitted a petition in support of a trail on that property.
Stacey Frayne, spoke on the railroad right of way property between LaVeta and
Fairhaven and her support for a trail on that property.
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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 April 19, and April 26,
2007.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of April 24, 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 First Amendment to Agreement No. 4966 between the City of Orange and Skip
Burch, a sole proprietor, doing business as Custom Tractor. (A2100.0 Agr-
4966.1)
SUMMARY: An amendment to Agreement No. 4966 between the City and Skip
Burch in an amount not to exceed $20,000 is requested for grading services for the
Yorba Park Landfill grading project.
ACTION: Approved the First Amendment to Agreement No. 4966 with Skip Burch
and authorize the Mayor and City Clerk to execute the amendment on behalf of the
City.
FISCAL IMPACT:
follows:
100- 7001-426700
Funds are available to cover the cost of the contract amendment as
Other Professional and Contractual Services
$20,000
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3. CONSENT CALENDAR (Continued)
3.5 Consultant Services Agreement with Integrated Design Services, Inc. for Project
and Construction Management Services for Fiscal Year 2007-2008. (A2100.0 Agr-
5026.A)
SUMMARY: The Consultant Services Agreement includes a scope of services for
project and construction management for the Hart Park PoollDeck Renovation,
Santiago Creek Bike Trail, El Camino Real Park Renovation, and other assigned
general project management services for Fiscal Year 2007-2008 at a total compensation
not to exceed $260,095.
ACTION: Approved agreement with Integrated Design Services, Inc. and authorize the
Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMP ACT: The following funds are available now to cover a portion of the
cost of the agreement as follows:
511-7021-481105-0607 El Camino Real Park Renovation
511-7021-485 I 00-61 00 Santiago Creek Bike Trail
Sub-Total:
$ 60,000
$ 55.000
$115,000
Upon approval of the fiscal year 2007-2008 CIP budget, funds will be available to
cover the remainder of the agreement amount as follows:
511-7021-481200-0025 Hart Park PoollDeck Renovation
511-7021-481105-0607 El Camino Real Park Renovation
511-7021-485100-6100 Santiago Creek Bike Trail
Sub-Total:
TOTAL:
$130,000
$165,000
$ 20.000
$315.000
$430,000
CONTRACTS
3.6 Final Acceptance of Bid No. 067-24; SP-3578; Annual Service Contract for
Concrete Replacement at Various Locations, FY 2006-07 and authorization to file
Notice of Completion with the County Recorder (No staff report required).
(A2100.0 Agr-5030)
SUMMARY: Bid No. 067-24; SP-3578; Annual Service Contract for Concrete
Replacement at Various Locations, FY 2006-07. Staff recommends acceptance of
improvements. The contractor on said job was Sequel Contractors, Inc.
ACTION: Accepted public work improvements; authorize release of International
Fidelity Insurance Company of New Jersey, Bond No. 0435020 in the amount of
$231,000.00, and authorize the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
3.7 Final Acceptance of Bid No. 067-15; SP-3534; Katella Ave. (City Limits to Struck
Ave.) Taft Ave. (City Limits to Batavia) and Batavia St. (Taft Ave. to 2,700 Feet
N/O Taft Ave.) AHRP Project Street Rehabilitation Improvements and
authorization to file Notice of Completion with the County Recorder (No staff
report required). (A2100.0 Agr-4999)
SUMMARY: Bid No. 067-15; SP-3534; Katella Ave. (City Limits to Struck Ave.),
Taft Ave. (City Limits to Batavia) and Batavia St. (Taft Ave. to 2,700 Feet N/O Taft
Ave.) AHRP Project Street Rehabilitation Improvements. Staff recommends
acceptance of improvements. The contractor on saidjob was R.J. Noble Company.
ACTION: Accepted public work improvements; authorize release of Travelers
Casualty and Surety Company of America of Connecticut, Bond No. 104819453 in the
amount of $1,351,921.55, and authorize the Mayor and City Clerk to execute the
Notice of Completion.
FISCAL IMPACT: None.
RESOLUTIONS
(REMOVED AND HEARD SEP ARATEL Y)
3.8 RESOLUTION NO. 10185 (LI200.0 LMD-86-2 Santiago Hills)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance District 86-2 (Santiago Hills) declaring its intent to provide for an Annual
Levy and Collection of Assessments for Fiscal Year 2007-2008; and to conduct a
property owner ballot for all new and increased assessments pursuant to Proposition
218; and setting a time and place for a Public Hearing to receive public testimony on
the foregoing matters; and to give preliminary approval to the Certified Engineer's
Report for Landscape Maintenance District 86-2 (Santiago Hills).
Discussion
Mayor Cavecche had hoped that the proposed ballot for this District could include an
option for the property owners to dissolve the district.
The City Attorney reported there are state provisions for ballot procedures and the City
can not add or detract from the ballot; but that an informal procedure can be taken after
this ballot process. Staff can review all landscape districts to determine if there is a
potential for dissolution of the districts. He also noted that some of the property in
question is city property.
Roger Hohnbaum, Assistant City Engineer, reported that notices had been mailed to
homeowners in this District and that two workshops had been held with minimal
attendance.
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3. CONSENT CALENDAR (Continued)
Mayor Cavecche noted, for the record, her opposition to landscape assessment districts
and her hope that the homeowners will have the right to choose one way or the other
whether to continue the district; and asked for a map to determine how much of the
landscape district is city property.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved.
SPECIAL EVENTS
3.9 Request for temporary suspension of permit parking restrictions within Chapman
University Permit Area, (downtown area) for a special event. (S4000.S.3.1.2.1)
SUMMARY: Chapman University will host their annual Baccalaureate and
Commencement exercises on May 19-20, 2007. Due to anticipated attendance it may
be necessary to park in the surrounding residential neighborhood, which restricts on-
street parking except by Permit.
ACTION: Approved the request of Chapman University and temporarily suspend the
permit parking restrictions for their Baccalaureate and Commencement ceremonies on
May 19-20,2007.
FISCAL IMPACT: None.
REPORTS
3.10 Submittal of Annual Financial Reports for Development Impact Fees.
(C2500.J.1.0.2)
ACTION:
Received and Filed.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Item 3.8 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER
8.1 Police Department Strategic Staffing Plan. (C2500.K)
City Manager, John Sibley began with a recap of this subject over the last year, noting that
Mayor Cavecche had originally re~uested an update on Police staffing at the June 13, 2006
Budget hearing. On January 23' of this year, it was reported that full staffing had been
achieved for the first time in several years and it was indicated that additional positions would
be recommended in the upcoming budget. On February 13th, it was established that three
positions had been added to the proposed budget to increase staffing as part of a five-year plan.
On March 27th Council approved the mid-year budget report, which did restore $1.2 million in
program savings to the Police Department as a result of achieving full staffing.
Mr. Sibley presented a report, as requested, with a recommendation to implement a multi-year
staffing plan that increases Police Department sworn staffing levels over a five-year period by
15 new officers for Patrol. The plan calls for three additional officers in each of the next five
years with the initial three officers included in the upcoming FY 07-08 balanced budget that
will be presented to Council for approval at the June 12, 2007 City Council meeting, to be
effective July 1 st, 2007. The report notes that public safety is a priority for the Council and the
community and the proposed plan calls for additional officers in the context of a balanced
budget.
In response to questions by Mayor pro tern Dumitru, staff reported:
· The three sworn positions (from FY 1998-99) added for The Block opening are strictly
for The Block assignments; and are not used for day-to-day patrol response, except in
emergency situations.
. The revenue generated from sales tax is used to pay the salaries of the three officers at
The Block.
· The two Police Academy Trainees added in 1999-00 are non sworn employees until
graduation from the academy, which is approximately the first four months after being
hired.
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8. REPORTS FROM CITY MANAGER (Continued)
. The sworn Lieutenant position (from FY 00-01) is a reinstatement of a position.
. Proposed in 2007-08 are three sworn positions as part of a multi-year staffing plan. In
comparison to other Orange County cities of 100,000 or more, Orange currently has
161 sworn officers, which ranks second in the County per capita. The proposed
additional three officers would bring the total to 164.
. A GPS system is in the process of being implemented at the Police Department and
should be in place within the next few months.
. The cost of overtime in the Police Department is estimated at approximately $1.7
million per year. If additional personnel were hired the cost of overtime may be
reduced.
The cost of tazers was discussed along with the average cost budgeted for a first level patrol
officer. Salary costs are figured at the top step level with fringe benefits.
Mayor Cavecche stated, as per the report, over 15 million people per year visit The Block and
clarified that there are currently four officers and a Corporal assigned strictly to The Block.
She also expressed concern if The Block was causing a drain of other officers in West Orange.
Chief Gustafson stated that The Block can be a policing challenge, as crimes can occur in the
parking lot and over time sometimes require the services of additional personnel.
Mayor Cavecche also expressed concern on the Police force saturation point, where calls for
police service start to stack up.
Chief Gustafson responded that, from an anecdotal standpoint, there can be problems with calls
stacking up most often between the hours of 6 p.m. and 1 a.m.
Councilmember Smith asked about the amount that is typically paid for overtime per year and
what usually triggers overtime.
Mr. Sibley noted that overtime is budgeted every year, and currently costs approximately $2
million for the Police Department.
Chief Gustafson clarified that overtime is a result of several different issues outside of the
Police Department's control - fires, callouts for detectives (homicide or sexual crimes) and
teams of investigators, manpower needs to extend an intensive effort to tie up a crime in the
shortest amount of hours possible and officers needed for court cases. The department also
typically operates with 3 to 4 openings in Dispatch.
Chief Gustafson also suggested it would be beneficial to front load the increase in police
officers, maybe over a three year period. In the department's overall plan, they would like to
see 18 new officers - 15 in patrol, one in a Megan's Law position and two in special
enforcement detail
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8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Smith also expressed concern that there are many unanswered calls, that the
number of calls have increased since 2001, and response times can be slowed down due to
traffic congestion.
Chief Gustafson noted the Police Department has a 3-call priority system and immediate
threats are answered first and, therefore, some calls do not get answered immediately.
Councilmember Murphy asked what caused the spike in calls in 2006. Chief Gustafson
answered that it seems calls are increasing for all Orange County agencies due to something
that has yet to be identified. The spike in 2006 is correct and 2007 is also increasing. There
was also a jump in violent crimes last year; and more officers would reduce response time.
Mayor pro tern Dumitru asked about the length of time it takes for a patrol officer to be on the
street after being hired; and if there were any non-sworn positions that are not being filled.
Chief Gustafson answered that from the time an application is submitted, it can be nine to ten
months before officers are ready to hit the street, which is due to testing, interviewing,
background checks and academy training; noting that there is now a continuous recruitment for
officers. He noted that the department has been fairly successful in filling non-sworn positions
and have been up to full staff for about a year.
In response to questions from Mayor pro tern Dumitru about the feasibility of the City
operating its own impound yard, Chief Gustafson estimated an impound yard could bring in
approximately $1 million per year, and that staff would have to research more details on this.
Mayor Cavecche asked about the funding for the two DUI officers.
Staff noted that one position is fully funded by the General Fund this year; and the other from
impound fees.
Councilmember Bilodeau complimented staff on gathering the information in the report;
noting his concern for calls that are stacking up. He asked about the feasibility of a traffic
signal system used in some other cities called Opticom which helps to reduce response time.
Chief Gustafson stated that system can cause other problems, but staff can look into this
system further.
Councilmember Bilodeau added that it would be ideal to have all 15 new officers on staff right
away, but realizes the importance of maintaining a balanced budget; and suggested finding
funds for at least an additional fourth officer for 2007-08. He also noted that patrol cars are
left running continually when in the field; and asked if there are other possibilities or devices
available to reduce fuel costs.
Chief Gustafson reported that the department has been reviewing and testing advanced ways
for wiring vehicles so they are not left running.
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8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Bilodeau supported the idea of the City perhaps starting it's own impound
yard; and suggested a staffing report in the future, similar to this one, for the Fire Department.
Mayor pro tem Dumitru would also like to see if there is a way to fund additional officers in
2007-08. He suggested looking at areas in the budget for possible cuts - such as withdrawing
membership from the League of Cities and/or LAFCO and reducing travel budgets.
Mayor Cavecche asked what percentage of officers' time is spent responding to calls, writing
reports and proactive policing; expressing concern that if Orange is at a saturation point, there
may not be a lot of time available on the streets.
Chief Gustafson responded that recent studies suggest 40 to 50 percent of time should be
available for patrol, but was not sure exactly where Orange stood on these percentages.
Mayor Cavecche asked what was the basis for the 15 officers over the five-year period?
Mr. Sibley responded that at first, there was a recommendation for 12 officers and the Police
Chief requested 18 through the budget process. In reviewing the budget and ratio to
population, recognizing that Orange is second in the County for ratio of officers to population,
it was increased to 15.
Councilmember Smith reiterated her concern over the amount of money spent on overtime,
suggesting that additional officers could lower the overtime budget.
Councilmember Murphy suggested getting basic cost alternatives to add additional officers up
front, at mid-year and then look at subsequent years. He noted it is clear that everyone wants
to add officers and make sure those officers are safe and completely trained; and looking at
different scenarios will give the Council an opportunity to assess those scenarios and ways to
fund them.
Mayor Cavecche stated that if any more than three officers are added, staff will need to come
back with a modified budget, finding adequate funds from other sources. She noted that the
ratio comparison to other agencies is not an accurate assessment of what is happening in
Orange, because it doesn't compare cities that are spread out with compact cities. When she
originally requested this study, she was looking for a multi-year strategic plan that evaluates
the unique characteristics and needs of Orange, and how the community needs to be
represented. She also noted The Block is like a mini-city with its own needs; and she wants
the city to be proactive in planning rather than reactive in the future.
Mayor Cavecche stated she would not vote for a budget which includes just three new officers;
and asked for a larger number up front - suggesting six new officers for next year, and then
come back for another evaluation.
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8. REPORTS FROM CITY MANAGER (Continued)
Mayor pro tern Dumitru agreed on the need for more than three officers and the need to find
alternative ways to find the money in the budget. He suggested an analysis for the budget
adding four, five or six additional officers; and also agreed that 1,000 per capita is a bad
benchmark.
Mayor Cavecche clarified that there was not enough time for staff to come back before the
June 12th budget hearing with a thorou~h evaluation of adding more officers, suggesting that
the budget hearing be moved to June 26t
Councilmember Smith added that she is also in favor of adding more than three officers and
reiterated her concern of overtime costs.
Mayor Cavecche requested that scenarios be looked at for up to six new officers and Council
will make decision on what needs to be looked at to fund between three and six new officers
the first year; and requested briefings prior to the budget hearing.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to schedule the 2007-08 Budget hearing for June 26, 2007; and directed staff to bring back
an analysis for including an additional four, five and six police officers in the 2007-08 Budget.
9. LEGAL AFFAIRS
9.1 RESOLUTION NO. 10162 (ZI500.0 ZCG-1232-05)
A Resolution of the City Council of the City of Orange Denying Zone Change No. 1232-05,
Tentative Tract Map No. 16878, Minor Site Plan Review No. 377-05, Design Review
Committee No. 4109-06, and Mitigated Negative Declaration No. 1774-05.
Applicant - Shahram (David) Ayenehchi.
Discussion - City Attorney David DeBerry noted an error in the Staff Report regarding the vote
taken during the April lOth public hearing on this matter. The report should have indicated a No
vote for Councilmember Murphy on the original vote to deny the project.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Cavecche, Dumitru
NOES - Murphy
ABSTAIN - Bilodeau
Councilmember Murphy voted No to remain consistent with his vote at the April lOth public hearing.
Councilmember Bilodeau abstained as he had recused himself from the April 10th public hearing.
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9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 10-07 (SECOND READING) (A2500.0 Ord-l0-07)
An Ordinance of the City Council of the City of Orange Amending Chapter 5.76 of the Orange
Municipal Code Relating to Permit Requirements to Operate a Tow Truck Business in the City
of Orange.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 10-07 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 11-07 (SECOND READING) (A2500.0 Ord-11-07)
An Ordinance of the City Council of the City of Orange modifying, amending and describing
the Orange Redevelopment Agency's Eminent Domain Program for the Orange Merged and
Amended Redevelopment Project Area and authorizing and directing a Revised Statement of
Institution of Redevelopment Proceedings to be recorded in the official records of the County
of Orange.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 11-07 be read by title only and same was approved and adopted by
the preceding vote.
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May 8, 2007
10. PUBLIC HEARINGS
10.1 AMENDMENT TO THE ORANGE MUNICIPAL CODE TO DEFINE SINGLE-
FAMILY AND DUPLEX RESIDENTIAL UNITS. (A2500.0 Ord-07-07 Zoning)
Time set for public hearing to consider an Ordinance defining Single Family and Duplex
Residential Units adding language to the definitions to further define such units as dwellings
shared by persons acting as a single housekeeping unit.
ORDINANCE NO. 7-07
An Ordinance of the City Council of the City of Orange amending chapter 17.04 of Title 17 of
the Orange Municipal Code defining single-family and duplex residential units.
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to May 22, 2007 and directed the City Attorney to send a letter to the
Apartment Owners Association for their opinion on this proposal.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION
NOTE: The Council did not recess; and did not discuss this item.
a. Conference With Real Property Negotiator pursuant to Government Code Section 54956.8
Property:
City Negotiator:
Negotiating Parties:
Under Negotiation:
617 West La Veta Street
Mark Winters, Real Property Representative
City and Regelio Pinzon
Price and terms
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.
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13. ADJOURNMENT
The City Council adjourned at 6:40 p.m. There was no 7:00 p.m. Session scheduled for
the May 8, 2007 Council meeting.
The next Regular City Council meeting is scheduled for May 22, 2007.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of May 8, 2007 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.
~~1~ -b
CITY CLERK
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