4/23/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON MAY 14, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 23, 2002
The City Council of the City of Orange, California convened on April 23, 2002 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 Mr. Warren Johnson, Assistant Coordinator, The Salvation Army
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 155.
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
The following employees received Employee Service Awards:
Sharon Pentilla - Community Development; Daniel Bruno - Finance (not present);
William Chau - Library; Patrick Thayer - Police; Michael Hadley - Public Works (not
present); Dave Goodwin - Community Services (not present); Paul Martinez -
Community Services (not present)
Patricia Gruett, Gruett Tree Company, Inc. announced the 104 Years of Friendship Tree
Planting Ceremony and Community Celebration event on April 27, 2002; in which a
Ficus Tree, donated by Gro-West Nurseries, will be planted. There will also be wooden
bowls and vases available, made by the Orange County Woodworkers Association, from
the original tree that fell a few months ago.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to accept a check in the amount of $1000, from one of the contributors involved
in the tree planting ceremony on Saturday, April 27, 2002; to disperse that check as part
of the costs involved in planting the tree; to be payable to the Gruett Tree Company upon
planting of the tree.
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CITY COUNCIL MINUTES
April 23, 2002
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Proclamation presented to Doug Kokesh, Orange Street Tree Coordinator and Pat
Mahony, President/Owner of West Coast Arborists Inc., honoring "Arbor Day in
Orange". This is the 14th consecutive year Orange has been recognized by the National
Arbor Day Foundation as a Tree City U.S.A.
Announcement of Tree Planting - approximately 25 trees are to be planted on the 700 and
800 blocks of North Morgan Street; activities will begin at 8:30 a.m. on April 27, 2002
and conclude by II :00 a.m.; volunteers are welcome.
Recognition was given to St. Norbert's School for receiving the trophy for highest
participation (69.1 %) in the 2002 Dash for D.A.R.E. Track and Field Meet; and
recognition was given to City Employees who volunteered their time to the 2002 Dash
for D.A.R.E. Track and Field Meet.
2. PUBLIC COMMENTS - None.
3.
CONSENT CALENDAR
TAPE 840
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 frorn the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 23, 2002 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park
Bulletin Board, summarized on Time-Warner Communications and available on the
City's Website www.cityoforange.org, 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.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated April 4 and 11, 2002.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting April 2,
2002 and Regular Meeting April 9, 2002
ACTION:
Approved.
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CITY COUNCIL MINUTES
April 23, 2002
3. CONSENT CALENDAR (Continued)
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report for the period ending March 31, 2002.
ACTION:
Approved.
AGREEMENTS
3.6 Annual Maintenance Agreement between the City and Berryman & Henigar to
update the annual Governmental Accounting Standards Board (GASB) 34
Infrastructure Valuation Report in an amount not to exceed $6,000. (A2100.0 AGR-
3581.A)
SUMMARY: The City has previously contracted with Berryman & Henigar for the
valuation of the City's infrastructure in order to meet the requirements of GASB
Statement No. 34. This Annual maintenance Agreement would provide for annually
updating the Valuation Report for fiscal year 2001-02,2002-03 and 2003-04. The cost is
$6,000 for the first year and $2,400 for each future year.
ACTION: Approved the Annual Maintenance Agreement updating valuations for GASB
34 Infrastructure Services to Berryman & Henigar in the amount of$6,000.
FISCAL IMPACT: Funds are available in the amount of $6,000 in account 100-1231-
426700 (Finance General Accounting - Other Professional Services).
3.7 Amendment to purchase order for the acquisition of database services for the
Orange Public Library facilities from Gale Group, Inc., in an amount not to exceed
$9,200.00. (C2500.I)
Note: Mayor Murphy abstained due to a business conflict.
SUMMARY: Request that the City Council authorize an amended purchase order with
Gale Group, Inc., for database services for the Orange Public Library.
ACTION: Authorized the purchase order for the acquisition of database services for
Orange Public Library facilities from Gale Group, Inc., in the amended amount not to
exceed $65,800.00.
FISCAL IMPACT: Sufficient funds exist in the following account: 100-2001-443101-
9320 - Electronic Resources - $37,400.00
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CITY COUNCIL MINUTES
April 23, 2002
3. CONSENT CALENDAR (Continued)
APPROPRIATION
3.8 Appropriation for Brownfields Economic Redevelopment Initiative Grant.
(C2500.M.4.15)
SUMMARY: The City has been awarded federal grant funding under the Brownfields
Economic Redevelopment Initiative for the environmental assessment studies of the
former Union Pacific Railroad Property and Cerro Villa Park. Both of these properties
are former landfills for which the City will need to perform environmental and
remediation assessments. The federal grant is in the amount not to exceed $200,000.
ACTION: Appropriated funds for the Brownfields Economic Redevelopment Initiative
Grant Fund as follows:
510-7021-485100-0152
510-7021-485100-0147
Cerro Villa Geotech Study
Railroad Property Geotech Study
$ 72,000.00
$ 68,000.00
FISCAL IMPACT: After the appropriation is approved, sufficient funds will be available
in the following accounts:
510-7021-485100-0152
510-7021-485100-0147
Cerro Villa Geotech Study
Railroad Property Geotech Study
Total
$ 72,000.00
$128.000.00
$200,000.00
BIDS
3.9 Arterial Highway Rehabilitation Program - Chapman Avenue Pavement
Rehabilitation from Lewis Street to Manchester Avenue (SP-3331); Approval of
Plans and Specifications and Authorization to Advertise for Bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Chapman Avenue
Pavement Rehabilitation from Lewis Street to Manchester Avenue. The project is ready
to be advertised. The estimated construction cost is $398,544.
ACTION: Approved plans and specifications and authorized advertising for the Chapman
Avenue Pavement Rehabilitation from Lewis Street to Manchester Avenue.
FISCAL IMPACT: Funds are available in the Fiscal Year 01-02 Capital Improvement
Program in the following accounts:
550-5011-483300-3217 $164,337 Arterial Highway Rehabilitation Program (Pavement
Rehabilitation)
920-9811-483300-3217 $153,586 Southwest Project & Loan Administration (Pavement
Rehabilitation)
550-5032-483100-6463 $ 86,400 Measure M1S.I.P. (Traffic Signal Interconnect)
Total Funds $404,323
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CITY COUNCIL MINUTES
April 23, 2002
3. CONSENT CALENDAR (Continued)
3.10 Arterial Highway Rehabilitation Program - Newport Blvd. Pavement Rehabilitation
from Canyon View Avenue to White Oak Ridge (SP-3332); Approval of Plans and
Specifications and Authorization to Advertise for Bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Newport Blvd.
Pavement Rehabilitation from Canyon View Avenue to White Oak Ridge. The project is
ready to be advertised. The estimated construction cost is $245,520.
ACTION: Approved plans and specifications and authorized advertising for the Newport
Blvd. Pavement Rehabilitation from Canyon View Avenue to White Oak Ridge.
FISCAL IMPACT: Funds are available in the Fiscal Year 01-02 Capital Improvement
Program in the following accounts:
550-5011-483300-3417 $60,616
500-5011-483300-3417 $106.330
Total Funds $166,946
Arterial Highway Rehabilitation Program
City Funds
3.11 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Lisa Donee
b. Judith J. Lewis
c. State Farm Insurance (subrogee of Lisa Donee)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Award of Contract - Police Department Locker Room Expansion. (A2100.0 AGR-
3992)
SUMMARY: The project improvements include the conversion of the EOC sleeping area
to expanded locker space in both the men and women's locker rooms. This project will
increase the men's locker room by 51 and the women's locker room by 27. The original
project budget was $79,000 but due to ADA requirements, an additional $43,000 is
necessary to cover these improvements and have sufficient contingency funds.
ACTION: Appropriated $43,000 from unreserved State Asset Forfeiture funds to account
number 356-4011-481200-2313; and Awarded Bid No. 012-24 in the amount of
$111 ,815 from the low bidder, Asher Industries, 621 N. Glassell Street, Orange, CA
92867 and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: After the appropriation has been executed, sufficient funds will be
available in the following accounts:
725-4011-481200-2313
356-4011-481200-2313
Capital Projects
State Asset Forfeiture
$ 79,078
43.000
$122,078
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CITY COUNCIL MINUTES
April 23, 2002
3. CONSENT CALENDAR (Continued)
3.13 Final Acceptance of Bid 012-04; SP-3335; Street Rehabilitation Improvements for
Main Street from Collins Avenue to Katella Avenue and SP-3325 - Street
Rehabilitation Improvements for Main Street from Katella Avenue to Taft Avenue
and SP-3326 - Street Rehabilitation Improvements for Eckhoff Street from Collins
Avenue to 370' south of Collins Avenue and authorization to file Notice of
Completion with the County Recorder (No staff report required) (A2100.0 AGR-
3868)
SUMMARY: Bid 012-04; SP-3335; Street Rehabilitation Improvements for Main Street
from Collins Avenue to Katella Avenue; SP-3325 - Street Rehabilitation Improvements
for Main Street from Katella Avenue to Taft Avenue and SP-3326 - Street Rehabilitation
Improvements for Eckhoff Street from Collins Avenue to 370' south of Collins Avenue.
Contractor: All American Asphalt. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Safeco Insurance
Company of Washington, Bond No. 6069764, in the amount of $689,689.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.14 Final acceptance of Bid 012-16; SP-3330 - Orange Olive Road Rehabilitation from
Glassell Street to Meats Avenue and authorization to file Notice of Completion with
the County Recorder (No staff report required). (A2100.0 AGR-3924)
SUMMARY: Bid 012-16; SP-3330 - Orange Olive Road Rehabilitation from Glassell
Street to Meats Avenue. Contractor on said job was All American Asphalt. Staff
recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Safeco Insurance
Company of Washington, Bond No. 6151940, in the amount of $212,216.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.15 Contract Change Order No.1; Bid No. 012-28-29; Project No. SP-3386-87, TCRF
Street Rehabilitation Phase 1 and 2 for FY 2001-02. (A2100.0 AGR-3947)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work will include the placement of asphalt concrete overlays,
removal and replacement of failed asphalt concrete pavement, and all appurtenant work
as required. The proposed work is on Grove Avenue from Batavia to Glassell. Other
locations may be added depending on the availability of funds. The total contract cost for
the Grove Avenue work and other extra work is $310,450.00 including 5% contingency.
ACTION: Approved a Contract Change Order No. I in the amount of $310,450.00 to
Silvia Construction, Inc. for the extra work.
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CITY COUNCIL MINUTES
April 23, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds will be available in the following account:
340-5011-483300-3116 $310,450.00 Traffic Congestion Relief Funds
PURCHASE OF PROPERTY
3.16 Purchase of a 10 foot wide strip of land at 1937-2011 W. Chapman Avenue.
(A2100.0 AGR-3993)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by 2000 Chapman Inc., a California
Corporation.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers, purchase
agreement, and related documents for the purchase of a 10 foot wide strip of land located
at 1937-2011 W. Chapman Avenue. Purchase price is $64,299.00 plus any related
escrow costs.
FISCAL IMPACT: Funds in the amount of $64,299.00 are available in the Chapman
Avenue Widening Project - Account No. 284-5011-483300-4038 (TSIP Area B).
RESOLUTIONS
3.17 RESOLUTION NO. 9585 (C2500.M.4)
A Resolution of the City Council of the City of Orange approving an Application for
Matching Grant Funds under the Federal Parks Service Land and Water Conservation
Fund Grant-In-Aid Program for the Santiago Creek Trail Project.
ACTION: Approved.
3.18 RESOLUTION NO. 9586 (C2500.M.4.12)
A Resolution of the City Council of the City of Orange Approving the Application for
Matching Grant Funds under the Murray-Hayden Urban Parks and Youth Service
Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000 for the El Camino Real Park Renovation Proj ect.
ACTION: Approved.
3.19 RESOLUTION NO. 9587 (N1200.0 NEG-1670-01)
A Resolution of the City Council of the City of Orange approving Mitigated Negative
Declaration No. 1670-01, Tentative Tract Map No. 16218, Major Site Plan Review No.
185-01, and Conditional Use Permit No. 2372-01 for the subdivision and development of
a 21-lot Single Family Planned Unit Development at 1740 Bolingridge Drive.
Applicant: Brandywine Development Corporation
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CITY COUNCIL MINUTES
April 23, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
3.20 RESOLUTION NO. 9588 (C2500.H)
A Resolution of the City Council of the City of Orange expressing apprecIatIon to
Lawrence Boyd Jr. of the City of Orange Fire Department and commending him for more
than thirty years of loyal and dedicated service.
ACTION: Approved.
3.21 RESOLUTION NO. 9589 (C2500.H)
A Resolution of the City Council the City of Orange expressing appreciation to Robert D.
Bradley of the City of Orange and commending him for more than thirty-eight years of
loyal and dedicated service.
ACTION: Approved.
3.22 RESOLUTION NO. 9590 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Robert
L. Dotson of the City of Orange Fire Department and commending him for more than
thirty years of loyal and dedicated service.
ACTION: Approved.
3.23 RESOLUTION NO. 9591 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to John
Enzler of the City of Orange Fire Department and commending him for more than
twenty-nine years ofloyal and dedicated service.
ACTION: Approved.
3.24 RESOLUTION NO. 9592. (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Pete B.
Fielis of the City of Orange Fire Department and commending him for more than thirty-
five years ofloyal and dedicated service.
ACTION: Approved.
3.25 RESOLUTION NO. 9593 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Frank
R. Gonzalez of the City of Orange Fire Department and commending him for more than
twenty-seven years of loyal and dedicated service.
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CITY COUNCIL MINUTES
April 23, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved
3.26 RESOLUTION NO. 9594 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Phillip
D. Gunness of the City of Orange Fire Department and commending him for thirty years
of loyal and dedicated service.
ACTION: Approved.
3.27 RESOLUTION NO. 9595 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Patrick
D. Moore of the City of Orange Fire Department and commending him for more than
thirty-two years ofloyal and dedicated service.
ACTION: Approved.
3.28 RESOLUTION NO. 9596 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Ross
Seymour of the City of Orange Fire Department and commending him for more than
twenty-eight years ofloyal and dedicated service.
ACTION: Approved.
3.29 RESOLUTION NO. 9597 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Walter
B. Tracy of the City of Orange Fire Department and commending him for twenty-five
years of loyal and dedicated service.
ACTION: Approved.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Mayor Murphy abstained on Item 3.7. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
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CITY COUNCIL MINUTES
April 23, 2002
5.
REPORTS FROM COUNCILMEMBERS
TAPE 880
Councilmember Coontz requested a report back from the Public Works Director on the Los
Angeles-San Diego Railroad Corridor; addressing concerns on the additional corridor activity
this proposal will bring and the impacts it will have.
Mayor pro tern Alvarez directed the City Clerk to agendize for the May 14th Council meeting, an
update report on the status of the Orange County Sanitation District 301(h) waiver.
Councilmember Slater announced the deadline for the City Motto Contest is April 30th. Entry
boxes are available at City Hall, the Library, Mall of Orange and Borders Books at The Block.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 950
6.1 Re-appoint Tom Gilmer and Mike Hairston to the Park, Planning and Development
Commission - terms to expire 4/30/05.
Mayor pro tern Alvarez pointed out that one of the members being reappointed to the
Commission is not an Orange resident, but the requirements for membership are that they can
either work or live in Orange.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to reappoint Tom Gilmer and Mike Hairston to the Park, Planning and Development
Commission, terms to expire April 30, 2005.
6.2 Accept resignation of Robert D. Mickelson from the Community Video Advisory
Board and instruct the City Clerk to begin Maddy Act regulations. (ORI800.0.28)
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to accept, with regrets, the resignation of Robert D. Mickelson from the Community
Video Advisory Board and instructed the City Clerk to begin Maddy Act regulations.
7.
ADMINISTRATIVE REPORTS
TAPE 1000
7.1 Report from the Economic Development Director regarding demolition of the
building at 190 S. Olive and the construction of public parking improvements thereon.
(RA2100.0 AGR-3994)
SUMMARY: The lease for Agency owned property at 190 S. Olive has expired. The City and
Agency desire to enter into a Cooperation and License Agreement obligating the City to
demolish the building, use the property as a staging area for equipment for the Glassell Street
widening and redevelop the property into a City parking lot.
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CITY COUNCIL MINUTES
April 23, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Note: Mayor pro tern Alvarez reported a conflict of interest due to property interest at 152 N.
Olive and 131 S. Glassell; and left the dais.
The Economic Development Director presented a brief report; noting the work will be finalized
in the Fall after the Street Fair.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Adopted Resolution No. 9601
A Resolution of the City Council of the City of Orange approving a Cooperation and License
Agreement with the Orange Redevelopment Agency, whereby the Agency will expend an
amount not to exceed $225,000 for the demolition of certain irnprovements at 190 S. Olive and
the construction of public parking improvements thereon.
FISCAL IMPACT: Orange Redevelopment Agency funds are being appropriated in an amount
not to exceed $225,000 to cover the costs incurred by the City for this project. No General Fund
money will be needed.
(See ORA Minutes, Item No. 7.1)
Note: Mayor pro tem Alvarez returned to the meeting
7.2 Report from Public Works Director/City Engineer on Water Rate Financial Plan
and Year Two Adjustment. (C2500.P)
SUMMARY: On February 27, 2001, the Council approved a water rate adjustment of 9% for
each of three consecutive years and made improvements to the water rate structure to resolve
inequities within the old rate structure. The Council requested that prior to implementing any
adjustments in years 2002 and 2003 that Council be given an opportunity to review current
conditions. The Council's desire is to be assured that the recommendations made in February
2001 are still valid and that a 9% rate adjustment effective May 1,2002 is still justified.
The Public Works Director presented a report on the Water Rate adjustment proposal. He
reviewed the operating expenditures, Orange's water rates compared to other cities in Orange
County and the comparison of rates for low, medium and high use households.
Councilmember Coontz thanked Staff for a thorough and detailed report; and clarified that pass
through costs, which have been referenced, are costs which the City has no control. She also
asked that an explanation be sent out along with the first increased water bill. The Public Works
Director indicated they would follow through with that request.
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CITY COUNCIL MINUTES
April 23, 2002
7. ADMINISTRATIVE REPORTS (Continued)
The Public Works Director reiterated that pass through costs are energy costs and established
costs such as those for water purchases.
Mayor pro tern Alvarez asked about the reserve amount that is set aside; the difference between
commercial uses and residential users; and what the City is doing for conservation efforts. He
also pointed out that portions of the water system are over 100 years old and is in need of costs
for maintenance to meet the demands of service.
The Public Works Director reported the target cash balance for FY 2002-03, at 25% of operating,
is approximately $4.3 million. The minimum cash balance being maintained is about $2.3
million, and the actual estimated ending cash balance for this year will be about $3.6 million.
The reserves are already being used to hold the rate increase at 9%. Without utilizing the
reserves, the increase would be around 13%; and the proposed increase of 9% is for both
commercial and residential users. He also reported on the City's voluntary water conservation
efforts, such as the low flush toilet exchange program and the monitoring of the City's water
usage for landscaping and irrigation.
Mayor Murphy pointed out the revenues that are generated are placed into an enterprise account
that does nothing other than provide resources for providing water to the City. The revenues
have to be raised to meet the rise in expenses. There are no other fees involved; these are strictly
the rates involved to pay for the water delivery service in Orange.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
NOES - Cavecche
ACTION: Authorized implementation of a 9% water rate adjustment effective May I, 2002 in
accordance with the water rate plan adopted by the City Council on 2/27/2001.
Councilmember Cavecche voted No because although she understands the rate structure for the
fund, she does not agree with the model that the Council set up last year. Those who have lower
water uses are seeing higher rates and people who are higher users should perhaps get their rates
adjusted accordingly; and the elevation charge is being modeled as well with the electrical rates.
The people that are using the pumping system should be looked at a little more. Although she
does understand the fund structure, she would like to have seen the modeling be done a little
differently to reward those who are using less water.
FISCAL IMPACT: Implementation of the new rates will result in rate revenues for Year 2002-
03 as follows: Water Operating Fund 600 $15.2 million
Water Capital Fund 601 $ 0.8 million
Within the framework of the plan presented in the Hilton Farnkopf & Hobson Water Rate Report
of February 14, 2001, and with a prudent use of reserves, revenues will match expenses for
Fiscal Year 2002-2003.
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CITY COUNCIL MINUTES
April 23, 2002
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 1880
9.1 ORDINANCE NO. 3-02 (FIRST READING) (A2500.0 Conditional Use Permits)
An Ordinance of the City Council of the City of Orange adding Section 17.10.035 to the Orange
Municipal Code and amending Section 17.08.020 to regulate temporary uses.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 3-02 be read by title only and same was set for second reading by the
preceding vote.
RESOLUTION NO. 9598 (A2500.0 Conditional Use Permits)
A Resolution of the City Council of the City of Orange establishing Temporary Use Permit
Charges for the implementation of Section 17.10.035 of the Orange Municipal Code and
amending the City's Master Schedule of Fees and Charges.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9598.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :40 to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
Note: This item was not discussed.
I) City of Orange v. Airport Working Group, Orange County Superior Court Case No.
0lCC09018
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
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CITY COUNCIL MINUTES
April 23, 2002
11. RECESS TO CLOSED SESSION (Continued)
Employee Organizations: Orange Maintenance & Crafts Employees Association (OMCEA),
Orange Management Association (OMA), Orange Municipal Employees Association
(OMEA), Water Department Employees Association (WDEA)
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 1950
Jeannine Lawrie, 2512 N. Shady Forest, speaking on behalf of the Orange Dog Park Association,
asked if there is a proposed opening date for the dog park which was approved in concept; asked
if the EIR has been completed; and asked what the Dog Park Association needs to do to become
a priority. She distributed a list of her questions to the Council and City Manager.
The following people spoke on traffic and noise issues in East Orange, asking for mitigation
measures for these issues at the Pheasant Run development as well as for surrounding
developments. Concerns included a noise study; safety problems along the horse trails; a sound
wall to abate the noise and safety issues; city hall contact person; the marginal impacts from the
development of Santiago Canyon College and future housing developments in East Orange.
. Marita Liebesman, 7318 Cambria Circle
. David Baia, 7104 Cambria Circle
. Cathy Crair, 7117 Breighton
. Jim Dickinson, 7745 E. Appaloosa Trail- submitted a petition containing approximately 175
signatures, requiring mitigation to negate the impact of the impending East Orange
Community.
. Harvey Moore, 7814 Broadmoor Trail
. Tom Anderson, address on file
Mayor Murphy pointed out that no action can be taken on Public Comments, but asked the City
Manager for a status report on these issues.
The City Manager reported Staff had identified an area at Chapman and Cannon to be studied for
widening. The scope of this study will be expanded to include a sound study from Cannon to
Newport, which will be incorporated into the CIP program for next year. They would like to
begin that study this year, but could not guarantee it because there are other projects which take
priority as they are tied into grant funds. This will be a two month, Level I, study. He pointed
out the City needs to have the results of the sound study in order to validate the spending of any
money in moving forward.
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CITY COUNCIL MINUTES
April 23, 2002
12. PUBLIC COMMENTS (Continued)
In addition, there will be a study ofthe TSIP fees, which are fees assessed from new construction
and development that are used for traffic improvements. This study will allow the Council to
create, in part, a source of funds to be used for an expanded use for noise attenuation projects.
However, he also pointed out there is no money in the budget for sound walls and would not
recommend that because there is a $5.9 million deficit in general fund moneys in getting the
budget balanced.
TAPE 2880
The Public Works Director further reported there are no sound wall programs at the present time,
but they are proposing to use the transportation impact fees to create a revenue stream that would
fund this. This involves developing a new project listing for the various areas of the City. Once
that project listing is approved, then whatever funds are available in a given area could be
directed towards any eligible projects on that listing. In the meantime, they are proceeding with
the sound study.
13.
PUBLIC HEARINGS
TAPE 2980
13.1 EXTENSION OF INTERIM URGENCY ORDINANCE NO. 4-02 - CYBERCAFES
(A2500.0 Internet)
Time set for public hearing to consider adoption of Ordinance No. 5-02, extending Ordinance
No. 4-02, an Interim Urgency Ordinance prohibiting the establishment of new cybercafes for a
period of six months.
The Community Development Director presented a brief report, recommending the Ordinance be
extended six months to allow staff time to complete their research on this issue.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Councilmember Cavecche expressed concern on the Community Development Department's
ability to get this study done in six months, as the department has been given a great deal of work
lately for policy and analysis studies. Although she would like to see the study completed within
six months, she suggested this Ordinance be extended for a one year period, which will give the
Community Development Department ample time to finish the study.
Mayor pro tern Alvarez asked if there were any applications for cybercafes pending at this time
that would be affected by the moratorium. The Director of Community Development indicated
there was one but it was denied by the Zoning Administrator and there are none at this time.
ORDINANCE NO.5 - 02
An Urgency Measure of the City Council of the City of Orange Extending the Interim Ordinance
Prohibiting the Establishment of New Cybercafes.
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CITY COUNCIL MINUTES
April 23, 2002
13. PUBLIC HEARINGS (Continued)
MOTION - Cavecche
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Ordinance No. 5-02; with the change that the Interim Ordinance shall be
extended and all new approval of and establishment of Cybercafes shall be prohibited until after
April 22, 2003.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Cavecche
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 7:38 p.m.
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