HomeMy WebLinkAbout2_13_2007 - Council MinutesAPPROVED 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) $
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
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(
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
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 FY06-
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
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
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
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