2/8/2005 - Council Minutes - CC Minutes Reg Meeting
I
I
APPROVED BY THE CITY COUNCIL ON FEBRUARY 22, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 8, 2005
The City Council of the City of Orange, California convened on February 8, 2005 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 Reverend Stan Vandenberg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavecche, Dumitru
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Miss Orange portrait - by Connie Benson, Executive Director, Miss
Orange Pageant.
Presentation by Nora Jacob, Library Services Director - announcing the launch of new
electronic book collection ("e-books") on Monday February 14th at the Orange Public
Library.
Orange Elderly Services Annual Report - presented by Keith Regan, Executive Director.
- Continued to no date certain.
2.
PUBLIC COMMENTS
Dolores Marikian, YMCA Executive Director, proposed that the YMCA take over the
Signs of Support program, selling advertising for City vehicles.
PAGE 1
CITY COUNCIL MINUTES
February 8, 2005
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 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of February 8, 2005 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; and available at the Civic Center
City Clerk's Office and Main Public Library at 101 N. Center Street.
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 January 21 and 28, 2005.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, January 25, 2005.
(C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Award of Consultant Services Agreement to NBCE, Inc. for Engineering Design
Services for Tustin Street and Meats Avenue Critical Intersection Improvements.
(A2100.0 Agr-4629)
SUMMARY: This contract authorizes the Consultant to complete field surveys, right-of-
way engineering and preparation of plans, specifications and cost estimates for the Tustin
Street and Meats Avenue Critical Intersection improvements.
ACTION: I) Appropriated $60,000 from Fund 550 to 550-5011-483300-3030; 2)
Awarded a contract in the amount of $64,990.00 to NBCE, Inc., 17501 E. 17th Street,
Suite 270, Tustin, CA 92780, and authorized the Mayor and City Clerk to execute on
behalf ofthe City.
PAGE 2
I
I
CITY COUNCIL MINUTES
February 8, 2005
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Upon appropriation, funds will be available in the following account:
550-5011-483300-3030 Measure M, IIP $44,000
550-5011-483300-3030 GMA 3 $60,000
3.6
2004 Urban Area Security Initiative (UASI) Grant - Anaheim Urban Area
allocations for weapons of mass destruction (WMD) training. (A2100.0 Agr-4630)
SUMMARY: The Anaheim Urban Area UASI has authorized a reimbursement grant
award in the amount not-to-exceed $46,015. There is not a cash match requirement. The
goal of the Anaheim Urban Area UASI is to ensure that training programs are delivered
to accomplish core competencies and awareness levels among all first responders
regarding terrorism and WMD events by September 2005. The City of Orange Police
and Fire Departments have been authorized reimbursement amounts of $27,804 and
$18,211 respectively for Office of Domestic Preparedness (ODP) authorized WMD
training. Funds provided through the grant will be used to cover backfill and overtime
costs associated with the attendance ofODP approved WMD courses.
ACTION: 1) Approved the Agreement between the City of Orange and the City of
Anaheim in an amount not to exceed $46,015 and authorized the Mayor and the City
Clerk to execute on behalf of the City. 2) Appropriated $46,015 from the General Fund;
3) Amended the FY 2004-05 Revenue Budget in the General Fund in the amount of
$46,015 to reflect the receipt of the amount of the UASI Grant.
FISCAL IMP ACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $46,015 through the UASI Grant funds, there will be no fiscal
impact to the General Fund. After appropriation, funds will be available as follows:
100-4081-429400-2311 $27,804 Police-Homeland Security-Local Training
100-3023-429400-2311 $18,211 Fire-Fire Training-Local Training
3.7
(REMOVED AND HEARD SEPARA TEL Y)
Second Amendment to Agreement No. 4439 between the City of Orange and
Pur kiss Rose-RSI for the Design Services for the Master Plan Design at Grijalva
Park, RFP No. 034-17 (A2100.0 Agr-4439.2)
SUMMARY: A second amendment to Agreement No. 4439 between the City and
Purkiss Rose-RSI in an amount not to exceed $14,200 is required for additional design
services for the Grijalva Park Extension Master Plan. The consultant has been required
to perform additional services related to the changes in the plan based on the technical
studies for the environmental review.
Discussion -
Councilmember Ambriz asked about the future aligrunent of Walnut Avenue near
Grijalva Park and if a new EIR will be required with the proposed changes to the Park.
PAGE 3
CITY COUNCIL MINUTES
February 8, 2005
3. CONSENT CALENDAR (Continued)
Staff indicated there are no current plans for a realignment of Walnut; and the
environmental concerns are currently being reviewed, but that a Negative Declaration
will probably be adequate to address those concerns.
MOTION - Ambriz
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve the second amendment to Agreement No. 4439 between the City of
Orange and Purkiss Rose-RSI for the design services in an amount not to exceed $14,200
for the Master Plan Services of Grijalva Park.
FISCAL IMP ACT: Sufficient funds exist in account:
551-7021-481200-1606 (Gym/Sports Center):
$18,212
3.8 Third Amendment to Attorney Services Agreement with the Law Firm of Rutan &
Tucker, LLP to provide legal services. (A2100.0 Agr-3184.A.3)
SUMMARY: The City has retained the law firm of Rutan & Tucker to prosecute the
City's civil case against Jeff Hambarian and other defendants relating to the City's
allegations that prior to 1998, such defendants defrauded the City and its ratepayers in
connection with the provision of trash collection, recycling and disposal services. Rutan
& Tucker was first retained in 1999 and has not been given an increase in their hourly
rates in the nearly six years they have been prosecuting this case. The proposed
amendment would increase the hourly rates for attorneys and decrease hourly rates for
paralegals and other non-lawyer staff.
ACTION: Approved and authorized the Mayor and City Clerk to execute the Third
Amendment to Agreement with Rutan & Tucker, LLP behalf of the City.
FISCAL IMP ACT: Although it is hard to estimate the number of additional billing hours
that this matter will involve, if the matter proceeds through trial, it could involve
approximately 500 additional hours of billing, which with the new rate adjustments,
could impact the City's costs by $10,000, although there is a potential to recovering
attorneys' fees if the City prevails, which would result in no impact. Currently sufficient
funds are available in the Sanitation Fund Account No. 220-5022-426700.
APPROPRIATIONS
3.9 State of California Office of Traffic Safety (OTS) California Seat Belt Compliance
Campaign (CSBCC). (A2100.0 Agr-4633)
SUMMARY: The OTS has authorized a reimbursable grant award in an amount not-to-
exceed $24,050. There is not a cash match requirement. The goal of the CSBCC is to
increase seat belt use statewide to 92% by June 2005. Through the combined efforts of
PAGE 4
I
I
CITY COUNCIL MINUTES
February 8, 2005
3.
CONSENT CALENDAR (Continued)
state and local law enforcement, a seat belt enforcement campaign will be conducted
during a three-week mobilization period (May 16 through June 5) in support of the
Buckle-Up America/Operation ABC National Mobilizations. Funds provided by this
mini-grant will be used to cover overtime costs associated with seat belt enforcement
activities during the three-week grant period.
ACTION: I) Appropriated $24,050 from the General Fund, into the Traffic Program for
the OTS grant as follows: 100-4041-412101-2248 $24,050 Overtime-Safety.
2) Amended the FY 2004-05 Revenue Budget in the General Fund in the amount of
$24,050 to reflect the receipt of the amount of the OTS grant.
FISCAL IMP ACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $24,050 through the OTS CSBCC funds, there will be no fiscal
impact to the General Fund. After appropriation, funds will be available in the Traffic
Program budget for the OTS grant and cash match as follows:
100-4041-412101-2248 $24,050 Overtime-Safety
3.10 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. Adam Fabarez
b. Ron Horton
c. Christina Baird
d. Richard Webster
e. Nathaniel D. Ponder
ACTION: Denied claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11
Contract Change Order No.1; Bid No. 034-45; Hart Park Restroom ADA
Renovation (A2100.0 Agr-4519)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work consists of additional wall repairs and a change in flooring
materials. The total cost for this change order is $16, 830.66.
ACTION: Approved Contract Change Order No. I in the amount of$16,830.66 to Norm
Wilson & Sons, Inc. for extra work.
FISCAL IMP ACT: Sufficient funds exist in account:
511-7021-481200-0027 (Hart Park Renovation Buildings & Improvement) $59,685.00
PAGE 5
CITY COUNCIL MINUTES
February 8,2005
3. CONSENT CALENDAR (Continued)
3.12 Contract Change Order No.1 with Moore Electrical Contracting, Inc. (Bid 045-01
AGR No. 4577). (A2100.0 Agr-4577)
SUMMARY: This Contract Change Order (CCO) will result in substantial savings and
provide additional features as part of the City's Main/Chapman fiber optic traffic signal
interconnect project.
ACTION: I) Approved CCO No.1 with Moore Electrical Contracting, Inc. for a
reduction in price of $101,350.00; 2) Authorized a sole source purchase of 15 traffic
signal controllers from Econolite in the amount of $39,921.00 from Account 272-5032-
483100-6463 (Main/Chapman Signal Interconnect); 3) Authorized sole source purchases
of up to 20 Econolite ASC/2 or ASC/3 traffic signal controllers, for balance of fiscal year
04/05, not to exceed $53,500.00, from previously appropriated capital or operating funds.
FISCAL IMPACT: Savings of $62,429.00 to Account No. 272-5032-483100-6463.
PURCHASE
3.13 Replacement of Vehicle No. 1033, a 1993 Ford Econoline Van with a Crown Victoria
pursuit package. (C2500.K)
SUMMARY: In October 2004, the Police Department implemented a DUI Team as part
of the Office of Traffic Safety (OTS) grant. A Crown Victoria police unit was removed
from the patrol fleet and designated as the DUI Team vehicle. The Department would
like to return a unit to the patrol fleet by replacing the traffic van (vehicle 1033) with a
patrol unit. Current Department practice is to activate the Mobile Command Post, in lieu
of the traffic van (vehicle 1033), when a fatal accident occurs.
ACTION: Appropriated $37,650 from the unreserved fund balance of the Equipment
Replacement Fund to account number 720-5023-472102 (Equipment Replacement -
Fleet Services - Motor Vehicle Replacements) and authorized the purchase of the 2005
Crown Victoria Police Pursuit Package patrol unit.
FISCAL IMPACT: Since 1993, the Police Department has contributed $45,360 to the
Equipment Replacement Fund for the eventual replacement of vehicle no. 1033. After
appropriation, funds will be available in the Fleet Services Program budget as follows:
720-5023-472102 $37,650 Motor Vehicle Replacement
There is $11,925 available in account 355-4011-471301 (Federal Asset Forfeiture -
Administration - Equipment) for the purchase of the radio, computer workstation,
lightbar, and shotgun holder.
PAGE 6
I
I
CITY COUNCIL MINUTES
February 8,2005
3. CONSENT CALENDAR (Continued)
TRACT MAP
3.14 Tract Map No. 16129 - Request for acceptance of the Public Streets and authorize
the release of the improvement bonds. (T4000.0 TRM-16129)
SUMMARY: Tract Map No. 16129 has been completed. The public streets, storm
drains and sewers have been completed and are acceptable for public use.
ACTION: Accepted the public streets, storm drains and sewers for Tract 16129, which
includes Kendra Drive, Hampshire Road, Cheshire Road and Eaton Court.
FISCAL IMP ACT: None.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Item 3.7 was removed an heard separately. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
************
4. REPORTS FROM MAYOR MURPHY
4.1 Appointment to the Community Development Block Grant (CDBG) Committee.
(ORI800.0.8.3)
MOTION - Murphy
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Robert Tunstall to the CDBG Committee.
Mayor Murphy suggested an alternate position be added to the CDBG Committee in the event
there should be a vacancy or change in the Committee. With the concurrence of the Council,
Mayor Murphy directed staff to agendize this for the February 22, 2005 Council meeting to
consider an alternate position to the CDBG Committee and appointment of that position.
5. REPORTS FROM COUNCILMEMBERS - None.
PAGE 7
CITY COUNCIL MINUTES
February 8, 2005
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept letter of resignation dated January 20, 2005 from Karen Herrera from the
Orange Pnblic Library Board of Trustees. (C2500.I.l)
MOTION - Cavecche
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to accept resignation of Karen Herrera from the Orange Public Library Board of
Trustees.
6.2 Appointment of Robert Moya to the Orange County Housing Authority Cities
Advisory Committee. (ORI800.0.3.2)
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Robert Moya to the Orange County Housing Authority Cities Advisory
Committee.
6.3 Report by the Public Works Director/City Engineer on the City Traffic
Commission's Annual Activity Report. (ORI800.0.19)
SUMMARY: This report represents the issues reviewed and acted upon by the City Traffic
Commission in the last year.
Public Works Director, Harry Thomas briefly highlighted the City Traffic Commission's
activities of the past year.
MOTION - Smith
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive & file the report.
7. ADMINISTRATIVE REPORTS
7.1 Report from Finance Director / Library Services Director - reallocating funding
for the Main Library Construction Project. (C2500.I)
SUMMARY: Recently the City has been approached to participate in a Vehicle License Fee
(VLF) gap loan re-financing program. This program will issue bonds to advance funding to
cities and counties in the amounts owed for VLF revenue withheld by the state during the period
June 20, 2003 - October 1, 2003. Participation in this program will provide early receipt to the
City for these VLF funds in March of 2005, rather than waiting until August 2006. It will also
provide funding for the Main Library Expansion Project, which will enable the City to decrease
the amount of General Fund contributions (appropriations) to this project.
PAGE 8
I
I
CITY COUNCIL MINUTES
February 8, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Discussion - Mayor pro tem Cavecche stated her desire that this funding is not to be placed into
the General Fund, but is to be strictly used for Capital Improvement Projects (CIP) only. She
added that she was confident with the bond counsel firm advising the city in this matter; and that
she had talked to other cities and many are utilizing this financing.
Mayor Murphy agreed to the earmarking of the funds for CIP. He stated that Mayor pro tern
Cavecche's suggestion to allocate the money to CIP rather than to a specific project is
appropriate.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to delete the current appropriation from the General Fund in the amount of $2.1 million
for the Main Library Expansion Project; with the understanding that these funds will be used
only for future CIP projects.
FISCAL IMP ACT: Reduce the appropriation in the following account in the amount of $2.1
million: 500-2001-481200-9901 ($2,100,000)
7.2 Report from Finance Director - City's Participation in the Vehicle License Fee Gap
Receivables Financing Program with the California Statewide Communities Development
Authority. (A2100.0 Agr-4631)
SUMMARY: The Resolution and Purchase and Sale Agreement authorize the City to participate
in the Vehicle License Fee (VLF) gap loan re-financing program. This program will issue
taxable and tax-exempt bonds to advance funding to cities and counties in the amounts owed for
VLF revenue withheld by the state during the period June 20, 2003 - October I, 2003.
Participation in this program will provide early receipt to the City for these VLF funds in March
of 2005, rather than August 2006. These funds will be tax-exempt bond proceeds and will be
appropriated to the Main Library Expansion Project.
Discussion - See discussion on Item 7.1.
RESOLUTION NO. 9941
A Resolution of the City Council of the City of Orange approving the form of and authorizing
the execution and delivery of a purchase and sale agreement and related documents with respect
to the sale of the seller's vehicle license fee receivable from the state; and directing and
authorizing certain other actions in connection therewith.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 9941.
PAGE 9
CITY COUNCIL MINUTES
February 8, 2005
7. ADMINISTRATIVE REPORTS (Continued)
FISCAL IMP ACT: Staff anticipates that by participating in the VLF Gap Loan Program costs to
the City for bond issuance and capitalized interest may be as high as $181,000. However, these
costs are partially offset by the early and more certain receipt of the funds, as well as investment
earnings during this 18 month period. All costs of issuance will be deducted from the bond
proceeds.
7.3 Report from Community Development Director - Status report on Comprehensive
General Plan Update. (C2300.E)
SUMMARY: The City Council awarded a contract to Cotton/Bridges/Associates (CBA) on
November 25, 2003 for the City's Comprehensive General Plan Update. Work on the project
was initiated in January 2004. Much of the work completed at this point has focused on
amending the City's existing 1989 General Plan to integrate a General Plan Amendment
proposed for the future development of East Orange. Staff and CBA are providing a status
report on the project, and overview of upcoming activities, as work on the broader
Comprehensive General Plan Update is now proceeding in earnest.
Discussion - Project Manager Anna Pehoushek, Acting Principal Planner, briefly explained the
project's scope.
John Bridges, CottonlBridges/Associates, principle in charge of the project, presented an update
and status report on their work. He described the General Plan as a reflection oftoday's city and
the vision for the city in the future. He delineated the steps being taken to see the results of what
is desired for the future of Orange with regard to historic resources, circulation, urban design,
public safety and noise, water quality, resources, land use, hazards, infrastructure, economic
development and growth management.
Councilmember Smith asked if the General Plan Advisory Committee's meetings would be
publicized on the web page and if the public would be invited to participate. She also asked who
is performing the cultural resources survey, and whether volunteers familiar with the city could
be utilized.
Community Development Director, Alice Angus, interjected that through the Old Towne
Preservation Association newsletter a call was put forth for information on historic homes for the
resources survey. She added that a joint effort with the Library, called the Shades of Orange
project, will collect information primarily about the Cypress Barrio Area for inclusion in the
cultural resources data.
Mr. Bridges informed Council that public comments are invited and that Robert Chattel &
Associates is performing the cultural resources survey.
Councilmember Dumitru requested attendance figures at the meetings and asked how advertising
of public participation is being conducted.
PAGE 10
I
I
CITY COUNCIL MINUTES
February 8,2005
7. ADMINISTRATIVE REPORTS (Continued)
Ms. Pehoushek, explained that 150 people were identified and invited to focus groups, of which
60 participated.
Councilmember Smith commented favorably on the youth groups being targeted for feedback,
and suggested that residents who have lived in Orange for many years also be asked for their
input on where Orange has been and what they envision for the future. She added that many
people stay in Orange all their lives and it would be interesting to know what keeps them here.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive & file the report.
7.4 Report from Community Development Director - Establishment of the General Plan
Advisory Committee and its membership to participate in the Comprehensive General
Plan Update. (ORI800.0.8.10)
SUMMARY: The Comprehensive General Plan Update project was initiated in January 2004.
One of the public outreach components of that project includes the establishment of a General
Plan Advisory Committee (GPAC) to serve in an advisory capacity to staff and the City's
consultant with the purpose of confirming that input received during community-wide
workshops is being accurately interpreted for the crafting of the General Plan vision for the
City's future.
Discussion - Community Development Director, Alice Angus reported that the 15 members
nominated were chosen to represent the diverse interests and geographic areas of the community.
She explained that Council would be appointing 14 members with the 15th member-the
business representative from the Chamber of Commerce-selected after the Chamber's next
meeting. She requested direction as to whether the Council wanted to appoint that one
member at their next meeting, or give latitude to the selection being made without Council's
appointment.
Councilmember Smith commented on her experiences slttmg on an informal General Plan
committee 20 years ago. She added that the value of the General Plan in her position as a
Planning Commissioner was immeasurable, being used as a road map and guiding light to help
plan the City's direction through the years. She stated her approval of the 15th member being
appointed by the Chamber of Commerce.
Councilmember Ambriz expressed concern with the open seat and disappointment that the 15th
member had not been chosen by this time. He suggested the 15th person, representing the
business community, be chosen from the original list of 40 applicants to the Committee.
PAGE 11
CITY COUNCIL MINUTES
February 8,2005
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
NOES - Ambriz
Moved to establish the General Plan Advisory Committee and its membership to serve as the
principal body for identifying and validating community concerns and desires, and to function as
a conduit between staff, residents, property owners, and the business community; and that the
15th member nominated by the Chamber of Commerce be agendized for the February 22,2005,
Council meeting for final approval.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS- None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :30 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary
Employee Organization: All Bargaining Units
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.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Michael Merino, 5830 E. Indigo Court, expressed concern for the professional qualifications of
General Plan Advisory Committee members to deal with significant issues of the General Plan.
13. PLANNING AND ENVIRONMENT
13.1 Consideration of appeal submitted by Mike Walker, regarding a decision of the City
Traffic Commission regarding a request to prohibit left-turns from Santiago Canyon Road
onto Cabrillo Street (continued to this time from Januarv 11, 2005). (ORI800.0.19)
SUMMARY: The City Traffic Commission (CTC), at their November 10, 2004 meeting, denied a
request for a left-turn restriction on Santiago Canyon Road at Cabrillo Street, between the hours of
5:00 and 7:00 p.m. That action is being appealed by Mike Walker, citing errors in data collection.
PAGE 12
I
I
CITY COUNCIL MINUTES
February 8, 2005
13. PLANNING AND ENVIRONMENT (Continued)
Discussion - Public Works Director, Harry Thomas stated that a survey was conducted of the
residents to determine their desire for the proposed right-turn in, right-turn out restriction on
Cabrillo Street. Twenty responses were returned-thirteen in favor and seven opposed. It was
noted that three of the opposing residents were immediately adjacent to the barriers to be erected
and would be losing their on-street parking area.
Mayor pro tem Cavecche asked if a temporary no left-turn restriction on Santiago Canyon Road
had been considered. She also indicated her understanding of the residents opposition to the
proposal due to their loss of parking area and the lack of aesthetics with the barriers.
Mr. Thomas stated that the left-turn pocket on Santiago Canyon Rd. would have to be closed to
accomplish either proposal to prevent traffic turning left from Santiago Canyon Road onto
Cabrillo.
Speakers - Mike Walker, 5725 Valencia Dr., spoke in favor of preventing left turns from
Santiago Canyon Road onto Cabrillo. He stated his willingness to support the decision made by
Council.
Jim Wittman, 5546 Valencia Dr., also supported a no left-tum prohibition from Santiago Canyon
Road onto Cabrillo; but expressed concern with the removal of parking on Cabrillo and the lack
of visibility of the restrictions from Santiago Canyon Road.
Council questioned the reasoning for the no parking zones on Cabrillo St. 1t was due to the
City's ordinance which requires 25 feet no parking zone at a stop sign, as well as the fire hydrant
which warrants a 15-foot restriction on either side of the hydrant.
Councilmember Smith reported on her visit to the site. She cited her observation of speeding,
poor signage, cut-through traffic, and long lines of traffic as major problems in need of a
solution.
Mayor Murphy offered moving the barricades onto the median on Santiago Canyon Road along
with hash marks to block the intersection and prevent left turns onto Cabrillo, or left turns out
onto Santiago Canyon Road.
Mr. Thomas agreed that the idea was feasible. He indicated painted striping, raised reflective
markers and an interim installation of raised stanchions to call attention to the change. The
stanchions have reflectors and would be visible even in the dark.
Councilmember Ambriz asked about islands that direct the traffic in and out and cited examples
at Bedford and Crest off of La Veta on the west side of town. He suggested greenery to make
the islands more attractive. He also indicated that the stanchions be white for a more aesthetic
look.
PAGE 13
CITY COUNCIL MINUTES
February 8, 2005
13. PLANNING AND ENVIRONMENT (Continued)
Mayor pro tem Cavecche agreed that the development on the east side and the acquisition of the
rights-of-way to complete the build-out of the intersection will include permanent right-turn
lanes that will address these problems. She cited other streets in the area that may be
experiencing the same problem as being addressed here.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Durnitru
Moved to uphold the appeal and directed staff to create a left-turn restriction on Santiago Canyon
Road to preclude left turns into Cabrillo, extending the control far enough west to prohibit left
turns out from Cabrillo as well.
14.
PUBLIC HEARINGS
TAPE 1930
14.1 WATER SERVICE RATES (C2500.P)
Time set for public hearing to consider adoption of adjusted rates for the provision of water
services.
Staff Report - Public Works Director, Harry Thomas reported to Council that a seven-year plan
to provide adequate water supplies and maintain the water distribution system is proposed for
Council's adoption. The plan calls for a 19% increase in water rates due to groundwater
overdraft, increased use of imported water, stricter regulatory requirements, and an aging water
distribution system.
Mr. Thomas explained that the need for increased rates has been passed on to the City by
agencies the water is either purchased from or who regulate the water utilized from the
groundwater basin. In addition, the population growth has forced the Orange County Water
District to lower the percentage of total water supplies to agencies, precluding the need to
purchase available imported water which is more expensive than groundwater. He added that the
City's water system must be self-supporting and does not receive transfers from the General
Fund.
Mr. Thomas stated that the most favorable plan calls for a rate adjustment every two years; and
authorization for the City Manager to approve rate increases on an annual basis if the increases
are due solely to pass through costs---costs imposed by outside agencies for water supply and
distribution-not exceeding 8%. He added that if the pass through costs exceeded 8%, the rate
increase would be brought to Council for approval.
Mr. Thomas displayed graphs showing the dollar amounts associated with the 19% rate increase
to be experienced by low, medium and high-use residential customers, restaurants and hotels.
He noted that since 1982 there has been a 26% increase in pipelines, 47% increase in water
production, 43% increase in population, and yet the Water Division is operating with 3 fewer
employees.
PAGE 14
I
I
CITY COUNCIL MINUTES
February 8,2005
14. PUBLIC HEARINGS (Continued)
Council Ouestions -
Councilmember Ambriz queried whether the City compiled statistics on the number of residents
on fixed incomes, mentioning senior citizens, and low-income families. He asked if the City
planned to offer rebates or funding supplements to those who cannot afford the new water rates.
Mr. Thomas responded that the factors increasing the water rates are beyond the City's control.
He acknowledged that some regulating authorities offer lifeline type of offsets, but cited that
according to Proposition 218, government agencies cannot offer subsidies. He added that a
tiered-rate scale existed to assist some users with their rates.
Councilmember Ambriz commented that he believed much of the public was unaware of the rate
increases being considered. He surmised that the public won't know until they get their first
increased water bill. He asked about attempts to educate the public about water conservation.
Mr. Thomas reported that brochures have been sent out with the water bills. He indicated that a
leveling off of water usage is occurring, due in part to low-flush toilets, low-flow shower heads
and education on water conservation. He cited a joint effort with the Orange County Water
District (OCWD) and the Modoc Water Agency to alert customers to conservation efforts
regarding irrigation systems.
Mayor Murphy summarized that the Council needs to determine what latitude to give to the City
Manager and staff regarding the pass thru costs; and at what level should the rate increases be
brought to Council.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments -
Mayor pro tem Cavecche clarified that the City is unable to control the costs being passeu
through from the suppliers and that the Water Fund is an enterprise fund which is self supporting
and receives no money from the General Fund. She also requested a wording clarification on the
water bill regarding the street tree charge. She suggested that the wording be changed to Street
Tree Program.
Councilmember Smith noted that the staff has always been diligent and responsible with the
quality and costs of water; and although she regrets having to approve an increase, it is necessary
to keep in touch with the times. She suggested that Council's review of future rate increases
provides a checks and balance system.
Councilmember Dumitru suggested the Council receive an annual report with a break down on
each yearly increase along with an audit report. He stated that the Council should at least be
informed of each increase, but not necessarily have it come back for Council approval each year.
PAGE 15
CITY COUNCIL MINUTES
February 8, 2005
14. PUBLIC HEARINGS (Continued)
Councilmember Ambriz reiterated his desire to keep the public informed and agreed with the
need for a yearly report to review the justifications for the increases.
Mayor Murphy stated that 18 of the 19% increase is directly related to pass through costs. The
costs must be dealt out as equitably and fairly as possible to ensure the system is maintained at a
high-level of integrity and that the system stays a Class-A system that is highly ranked,
contributing to lower property insurance bills. He added the City must continue to invest in the
aging system. He recommended that when rates are being considered a report to inform Council
of the increase be brought to Council, serving as a notice to the public.
ORDINANCE NO.3-OS (FIRST READING)
An Ordinance of the City Council of the City of Orange amending and revising the Master
Schedule of Fees and Charges to adopt new Water Rates.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 3-05 be read by title only and same was set for second reading by the
preceding vote; and direct staff to bring a report back each year in advance of any biennial or
annual increase reflected in pass through costs; and also direct staff to modifY the water billing
statements to reflect that the Street Tree charges are for a City-wide Street Tree Program.
15. ADJOURNMENT
The City Council adjourned at 8:40 p.m.
The next regular Council meeting is scheduled for February 22,2005.
/ -r-(
'd(,~_ (~/c"'~~
M ,-MURPHY
CIty CLERK .
11/
PAGE 16