HomeMy WebLinkAbout2_8_2005 - Council MinutesI
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
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
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.
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
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
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 earlyreceipt 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
fromCommunity 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 - PublicWorks 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
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
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.
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/