HomeMy WebLinkAbout5_8_2007 - Council MinutesAPPROVED 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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CITY COUNCIL MINUTES May 8, 2007
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,
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CITY COUNCIL MINUTES May 8, 2007
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
CITY COUNCIL MINUTES May 8, 2007
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
CITY COUNCIL MINUTES May 8, 2007
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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CITY COUNCIL MINUTES May 8, 2007
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 27thCouncilapprovedthemid-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 staffingplanthatincreasesPoliceDepartmentswornstaffinglevelsoverafive-year period by15newofficersforPatrol. 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 openingarestrictlyforTheBlockassignments; 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 thefirst
four months
CITY COUNCIL MINUTES May 8, 2007
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
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CITY COUNCIL MINUTES May 8, 2007
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 reviewingandtestingadvancedwaysforwiringvehiclessothey
are not
CITY COUNCIL MINUTES May 8, 2007
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.
CITY COUNCIL MINUTES May 8, 2007
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.Palle 10
CITY COUNCIL MINUTES May 8, 2007
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.
CITY COUNCIL MINUTES 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 unitsasdwellingssharedbypersonsactingasasingle
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 announcedbytheCityAttorney, 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.PaQ;e
CITY COUNCIL MINUTES May 8, 2007
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~ -bCITYCLERK
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