HomeMy WebLinkAbout1/9/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JANUARY 23, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 9, 2001
The City Council of the City of Orange, California convened on January 9, 2001 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION - Given by Pastor Ed Trenner, Grace Brethren Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG - Led by Councilman Slater
1.3 ROLL CALL
PRESENT - Coontz, Slater, Mayor Murphy, Alvarez
ABSENT - None
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS
The Mayor announced the City Council will adjoum in memory of Phil Pierce and
presented a memorial adjournment certificate to his wife Mardell Pierce and family.
2. PUBLIC COMMENTS
Maureen Peters, 374 S. Glassell, Orange Trolley Association, reported the Orange
Trolley has been running since last summer and has been very successful. She thanked
the Economic Development staff for their support and asked for continued support from
the City in order to continue operating.
Councilmember Coontz suggested the Orange Trolley Association submit a business plan
to the Economic Development Department.
Eddie Grijalva, 8467 Peony Circle, Buena Park, announced December 8, 2001 will be
the 200th anniversary of his family as one of the first landholders in the City, and
suggested a celebration for this occasion.
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.
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of January 9, 2001 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, 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 December 7, 14, and 21,
2000.
ACTION:
Approved.
3.3 Receive and file the City Treasurer's Report, period ending November 30, 2000. (C2500.F)
ACTION:
Approved.
3.4 Request approval of City Council Minutes, Regular Meeting, December 12, 2000
and December 26, 2000.
ACTION:
Approved.
3.5 Consideration to waive reading in fnll of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.6 Agreement between the City of Orange and the Orange County Sanitation District
(OCSD) for the improvement of Hartman Street and Fletcher Avenue Storm Drain.
(AZIOO.O AGR-3674)
SUMMARY: The Agreement provides for a 50% matching grant to improve the
Hartman Street and Fletcher Avenue Storm drains to improve drainage and eliminate
water ponding on Hartman Street and Fletcher Avenue. The elimination ofponding will
prevent water from entering the sewer system through openings in manholes reducing the
flow into the sewage treatment plant.
ACTION: 1) Appropriated $315,000 to account number 550-5011-483300-5339 (OCSD
Grant Funds), 2) Appropriated $203,000 to account number 530-5011-483300-5339, and
3) Approved Agreement between the City of Orange and the Orange County Sanitation
District and authorized the Mayor and City Clerk to execute the Agreement on behalf of
the City.
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds will be available III the following accounts upon
appropriation: 550-5011-483300-5339 $315,000 (OCSD Grant), 530-5011-483300-
5339 $315,000 (Drainage Districts)
3.7 Agreement between the City of Orange and the Orange County Sanitation District
(OCSD) for the Master Plan of Sewers Update. (A2100.0 AGR-3775)
SUMMARY: The Agreement provides for a 50% matching grant for updating the City
of Orange Master Plan of Sewers. One of the conditions for applying and receiving
OCSD grant funds is that the requesting agency prepare and update its sewer master plan
every five years. The City of Orange Master Plan of Sewers was prepared in 1990 and in
need of update to meet this condition.
ACTION: 1) Appropriated $55,000 to account number 550-5011-483200-5561 (OCSD
Grant Fund-Master Plan of Sewers); 2) Transferred $55,000 from account number 520-
5011-483200-5545 (Sewer upgrade Eckhoff) to account number 520-5011-483200-5561
(Master Plan of Sewers); 3) Approved Agreement between the City of Orange and the
Orange County Sanitation District and authorized the Mayor and City Clerk to execute
the Agreement on behalf of the City.
FISCAL IMPACT: Funds will be available in the following accounts upon
appropriation: 550-5011-483200-5561 $55,000 (OCSD Grant), 520-5011-483200-5561
$55,000 (Master Plan of Sewer Updates)
3.8 Agreement between the City of Orange and the Orange County Sanitation District
(OCSD) for the acquisition of a sewer inspection camera. (A2100.0 AGR-3676)
SUMMARY: The Agreement provides for a 50% matching grant for the acquisition of a
sewer inspection camera by the City of Orange. The camera will enable the City to
videotape the inside of existing sewer lines to detect any inflow/infiltration of water.
Mitigation of inflow/infiltration problems once detected will reduce flow into the sewage
treatment plant.
ACTION: 1) Appropriated $35,000 to account number 550-5011-485100-5500 (OCSD
Grant Funds); 2) Approved Agreement between the City of Orange and the Orange
County Sanitation District and authorized the Mayor and City Clerk to execute the
Agreement on behalf of the City.
FISCAL IMP ACT: Funds will be available in the following accounts upon
appropriation: 550-5011-485100-5500 $35,000 (OCSD Grant), 220-5022-471302
$10,000 (Sanitation Sewer Fund - Equip. Replacement), 220-5022-4111 02 $25,000
(Sanitation/Sewer - Payroll Costs).
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
3.9 Agreement between the City of Orange and the Orange County Sanitation District
(OCSD) for the improvement of Sacramento Street Storm Drain. (AZl 00.0 AGR-3673)
SUMMARY: The Agreement provides for a 50% matching grant to improve the
Sacramento Street Storm Drain and relieve local water ponding conditions on
Sacramento Street. The elimination of ponding will prevent water from entering the
sewer system through openings in manholes thereby reducing the flow into the sewage
treatment plant.
ACTION: 1) Appropriated $50,000 to account number 550-5011-483300-5011 (OCSD
Grant Funds), 2) Disencumbered $36,000 of excess funds from Account No. 530-5011-
483300-5011, and 3) Approved Agreement between the City of Orange and the Orange
County Sanitation District and authorized the Mayor and City Clerk to execute the
Agreement on behalf of the City.
FISCAL IMPACT: Funds will be available in the following accounts upon
appropriation: 550-5011-483300-5011 $50,000 (OCSD Grant), 530-5011-483300-5011
$50,000 (Drainage Districts)
3.10 Agreement with DMG-Maximus to perform au audit of franchise fee payments
made in accordance with franchise agreements for gas and electric services.
(AZI00.0 AGR-3672)
SUMMARY: In accordance with franchise agreements entered into with Southern
California Edison, The Gas Company and Time Warner, periodic franchise payments are
due to the City from the respective franchises. These franchise fees are calculated by the
franchisee and submitted to the City annually for the gas and electric franchises and
monthly for the cable franchise. As it is prudent to periodically audit these fees to ensure
that they are calculated and remitted in accordance with the agreements, a Request for
Proposal was issued to perform these audits. Four proposals were received. After
reviewing the proposals and qualifications of the firms, it is recommended that a contract
be awarded to DMG-Maximus in the amount of $29,900 to perform an audit of the gas
and electric franchise fees.
ACTION: Approved Agreement with DMG-Maximum in the amount of $29,900 to
perform an audit of the gas and electric franchise fees, and authorized the Mayor and City
Clerk to execute on behalf ofthe City.
FISCAL IMPACT: Adequate funds are available and are budgeted in the General Fund,
in contract services, in the Internal Audit Division (100-0211-426700).
3.11 Renewal of the Agreement between Wittman Enterprises and the City of Orange for
EMT Transportation Program billing services. (A2100.0 AGR-2599.A.2)
SUMMARY: Wittman Enterprises is the current contractor for Fire Department EMT
Transportation Program billing. Their job is to collect the fees and charges generated
when Fire Department personnel treat and/or transport citizens to the hospital. The
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
contract between Wittman and the City of Orange is expired and based upon the current
performance of the company, the Fire Department is recommending renewal.
ACTION: Authorized the Mayor and City Clerk to execute a Second Amendment for
Billing Services on behalf of the City and Wittman Enterprises extending the Agreement
for three years.
FISCAL IMPACT: Funds have been budgeted in the following accounts:
100-3022-426700 - Paramedic Consulting Services $ 46,000
125-3015-426700 - EMT Consulting Services $ 79,000
Total budgeted amount $125,000
(REMOVED AND HEARD SEPARATELY)
3.12 First Amendment to Agreement with the law firm of Rutan and Tucker to continue
to represent the City in its lawsuit filed against Jeff Hambarian, BKK and other
defendants for losses associated with the ORRS/ODS trash contracts.
(AZIOO.O AGR-3184.A.l)
SUMMARY: The City has an agreement with Rutan and Tucker for an amount not to
exceed $250,000 to provide legal services in connection with the lawsuit filed by the City
against Jeff Hambarian, et al. That amount has been expended and the request is to
increase the not to exceed amount to $500,000.
Councilman Alvarez asked for a status report on the lawsuit against JeffHambarian.
The City Attorney reported the Civil Court has implemented a stay of all discovery
against Jeff and Virginia Hambarian because of the pending criminal action against Jeff
Hambarian. Currently, the Appellate Court is deciding whether the District Attorney or
the State Attorney General can prosecute the case and the City is waiting for that
decision. No trial court date has been set.
MOTION - Alvarez
SECOND - Coontz
AYES - Coontz, Slater, Mayor Murphy, Alvarez
Moved to approve and authorize the Mayor and City Clerk to execute an Amendment
with Rutan and Tucker on behalf of the City for an amount not to exceed $500,000.
FISCAL IMP ACT: Sufficient funds are available in the Sanitation Fund Account No.
220-5022-426700.
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
BIDS
3.13 Change Order No. Two for Santa Fe Depot Improvements
(AZIOO.O AGR-3560)
SUMMARY: It is recommended that the City Council approve change order number two
to the Hondo Company, Inc. in the amount of $1 ,580 for two construction improvements
to the Millennium Clock and Veterans Memorial Fountain at Santa Fe Depot Park.
ACTION: Approved change order number two to Hondo Company, Inc. in the amount of
$1,580.
FISCAL IMPACT: Sufficient funds are available in Account No. 500-7021-481200-0970
(Depot Park- Millennium Clock! Veterans Fountain): $1,580.
3.14 CLAIMS FOR DAMAGES
(C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Michael Guarino
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Bid #001-17 - Award of constructiou contract to Inspection Engineering
Construction (I.E.C.) for traffic signal improvements at various locations in the City
of Orange. (AZIOO.O AGR-3677)
SUMMARY: The traffic signal improvements at these locations will improve the safety
and efficiency of traffic flow. Eight proposals for the modification of these traffic signals
were received. IEC submitted the lowest responsible bid in the amount of$199,000.00.
ACTION: Accepted the bid submitted by IEC in the amount of $199,000.00 and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds for these projects are available in the following accounts:
Lincoln & Canal- Signal 284-5032-483100-6059 $105,000.00
G1assell & Taft - Signal 284-5032-483100-6122 12,519.00
284-5032-485100-6122 38,000.00
550-5032-483100-6147 45,000.00
284-5032-483100-6146 48,691.24
272-5032-483300-3406 14,905.00
TOTAL $264,115.24
Katella & Handy - Signal
Lincoln & Orange-Olive - Signal
Chapman & Chandler Ranch Rd. - Striping
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
3.16 Award of Contract; Projects No. 2974 & 2975 - The seismic retrofit and ADA
improvements for the City Corporation Yard Garage and Warehouse Buildings.
(AZIOO.O AGR-3678)
SUMMARY: The construction of the proposed structural improvements will improve
the capability of the buildings to withstand a large earthquake with minimal damage to
the structures. The project also includes a new elevator, to satisfy ADA requirements, in
the Garage building and re-roofing of both buildings. Other ADA modifications to
improve access, sanitary facilities and path of travel inside the buildings will also be
implemented. The bid opening was held on November 30, 2000. Eleven (11) formal
bids were received for the project ranging from $628,000.00 to $918,000.00. DRP
Construction is the apparent low bidder.
ACTION: Awarded a contract in the amount of $628,000.00 to DRP Construction and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts: 500-
5011-481105-2974 $137,108.00 (City Yard Warehouse), 550-5011-481105-2974
$171,957.00 (City Yard Warehouse), 500-5011-481105-2975 $70,000.00 (City Yard
Garage), 550-5011-481105-2975 $204,246.00 (City Yard Garage), and 725-5028-
481105-9851 $130,000.00 (Corporation Yard Improvements) Total: $713,311.00
3.17 Final Contract Change Order; Bid No. 990-21; Project No. S-133, Eckhoff Street
and Sycamore Avenue Sewer Improvements. (A2100.0 AGR-3576)
SUMMARY: This Contract Change Order authorizes payment for additional work at
agreed unit price beyond the original scope of work. The total contract cost for this
project is $546,984.56
ACTION: Approved a Final Contract Change Order in the amount of $7,264.56 to Peter
C. David Co., Inc. for the additional work at agreed price.
FISCAL IMPACT: Funds are budgeted or are available in the following account: 520-
5011-483200-5545 $7,264.56 (CIP - Eckhoff and Sycamore Sewer Improvements).
DEVELOPMENT IMPACT FEES
3.18 Submittal of Annual Financial Reports for Development Impact Fees. (C2500J.1.0.1)
SUMMARY: The City is required to annually report on the status of Development
Impact Fees, including the collection of revenue and expenditures of these funds.
ACTION: Received and filed annual financial reports relating to Fire Facilities, Police
Facility, Transportation System Improvement Program fees and Parking In-Lieu
Development Fees.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
FINANCIAL REPORTS
3.19 Audited Financial Statements and related Financial Reports for the year ended
June 30, 2000. (C2500J.1.3)
SUMMARY: Presentation of Financial Reports and Statements provided by independent
auditors as a result of the annual financial audit for the fiscal year ended June 30, 2000
and other independent audits.
ACTION: Received and Filed the following documents for the year ended June 30,
2000: 1) The Comprehensive Annual Financial Report; 2) The Accountants' Report on
Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets; 3) Report on
Agreed-Upon Procedures Applied to the Investment Portfolio; 4) Air Pollution
Reduction Fund Statements; 5) Single Audit Report; 6) Transportation Development
Act Article 3 Funds Financial Statements; 7) Transportation System Improvement
Authority Financial Statements
FISCAL IMPACT: None.
GRANTS
3.20 Federal grant application under the Brownfields Economic Redevelopment
Initiative. (C2500.N)
SUMMARY: The City is applying for competitive federal grant funding under the
Brownfields Economic Redevelopment Initiative proposal for the park designs and
geological assessment studies of the potential park site of the Union Pacific Railroad and
Cerro Villa properties. Both of these properties are former landfills for which the city
will need to perform geotechnical assessments and conceptual plans for these parks. The
federal grant funding is available in the amount of $250,000 for environmental clean-up
efforts of landfills and re-uses for green spaces (parks). The grant application is due on
January 12, 2001 and the City will be notified in April 2001.
ACTION: Received and filed.
FISCAL IMPACT: Should the City become a successful recipient of the federal grant
funding, the City may receive potential grant funding in the amount not to exceed
$250,000.
LIBRARY HOURS OF OPERATION
(C2500.I)
3.21 Notification of increased operating hours at the City of Orange Main Library.
SUMMARY: In an effort to expand customer service to the public, the City of Orange
Main Library will be open on Fridays from 10:00 a.m. to 6:00 p.m., effective February 2,
2001.
ACTION: Received and filed.
FISCAL IMPACT: There will be no fiscal impact to the City. Main Library employees'
work hours are being adjusted to accommodate the expansion in public service hours.
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
PURCHASE OF PROPERTY
3.22 Purchase of 5-foot wide strips of land at 140 S. Marks Way, 1936 W. Chapman and
2020 W. Chapman. (P2500.0.1)
SUMMARY: Purchase of 3 strips of land included within the West Chapman Avenue
Widening Project. Ownership of these three strips is General Truck Drivers, Office,
Food & Warehouse Union Local 952.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for purchase of 5 foot wide strips of land as follows:
Location Purchase Price Plus Related Escrow Costs
140 S. Marks Way $ 3,990.00
1936 W. Chapman Avenue $24,730.00
2020 W. Chapman Avenue $17,690.00
FISCAL IMPACT: Funds are available in the Chapman Avenue Widening Project -
Account No. 550-5011-483300-4038 - (Measure M-MPAH).
RESOLUTIONS
3.23 RESOLUTION NO. 9380
(A2100.0 AGR-3548)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work improvement.
Bid No. 990-33, the Recoating of the Exterior of Reservoir No.'s 2A, 4, 6, and East
Collins Reservoir.
ACTION: Approved and authorized the Mayor and City Clerk to execute Notice of
Completion and Acceptance.
3.24 RESOLUTION NO. 9381
(A4000.0 APP-479)
A Resolution of the City Council of the City of Orange overruling the decision of the
Planning Commission and upholding Appeal No. 479, granting a request to allow a
window replacement at property located at 212 S. Orange, within the Old Towne District.
Appeal No. 479, Design Review Committee No. 3458
Applicant: Paul Hudson, Appellant: Councilman Mike Alvarez
Prior approval by Council to uphold the appeal was at the public hearing held on
December 12, 2000.
ACTION: Approve.
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CITY COUNCIL MINUTES
January 9,2001
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEP ARA TEL Y)
3.25 RESOLUTION NO. 9382
A Resolution of the City Council of the City of Orange approving a General Plan
Amendment to redesignate 8.05 acres of property located north of Chapman Avenue and
Chapman General Hospital, east of Santiago Creek, to GC (General Commercial) from
LDR (Low Density Residential).
General Plan Amendment No. 3-00, Applicant Nieupointe Enterprises
Resolution 9382 formalizes and documents action taken by the City Council on General
Plan Amendment No. 3-00 at a public hearing held on November 28, 2000.
Discussion: The City Attorney suggested continuing Items 3.25, 3.26 and 3.27 as he had
just received a letter from the attorney representing Nieupointe Enterprises and requested
time to review the merits of the contentions in that letter and advise the Council
appropriately before formal action is taken. It is important that all legal ramifications are
understood and what the City can do to best protect itself in the future.
Councilman Alvarez stated he would like to move forward with a vote on these
Resolutions and asked for a clarification if this is a re-vote of the action taken at the
public hearing. He also disclosed he had met with representatives of Nieupointe
Enterprises and asked for a section map of the decisions that were made at the public
hearing.
The City Attorney stated this is not a re-vote. Action was taken on November 28, 2000 at
the public hearing. In one instance, there has not been a first reading of the Ordinance
and in the second instance, there were statements made about adding conditions to a
Conditional Use Permit and it was clear the City Council wanted to ensure that the
specific language for the Conditional Use Permit was included so that everybody would
be agreeable on what they were voting for. From that standpoint, that action has not been
taken. Also, the law allows a Councilmember to vote on an Ordinance and change their
vote on a second reading. It's not really are-hash of previous action that was taken.
Mayor Murphy stated he was not aware if the Council had received the same data as
Councilman Alvarez, but felt the item should be continued on the advice of the City
Attorney. It is not a good idea to ignore advice oflegal counsel and Council needs to be
briefed on any changes that have occurred in the last few days.
Councilmember Coontz asked if the letter from the attorney representing Nieupointe
Enterprises and a letter received from Shirley Grindle were public record. The City
Attorney indicated they were.
Mayor Murphy asked about taking public comments, as he felt very strongly there should
be a mechanism in place to give the public an opportunity to voice opinions throughout
the process.
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
The City Attorney suggested not taking any additional comments as this would be
reopening the public hearing without appropriate notice requirements.
For the record, Councilman Slater stated he was very sorry to have to continue this item,
as this was already the 4th meeting on this matter. However, it is his duty as a
Councilmember that whenever there is a question that the City's best interest can be
better defended, that is the reason an item should be continued.
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Coontz, Slater, Mayor Murphy
NOES - Alvarez
Moved to continue Items 3.25, 3.26 and 3.27 to January 23,2001.
(REMOVED AND HEARD SEPARATELY)
3.26 RESOLUTION NO. 9383
A Resolution of the City Council of the City Of Orange approving a Conditional Use
Permit for a Mini Storage Facility on property Zoned C-I upon property located north of
Chapman A venue and Chapman General Hospital, east of Santiago Creek.
Conditional Use Permit No. 2339-00, Applicant Nieupointe Enterprises
Resolution No. 9383 formalizes and documents action taken by the City Council on
Conditional Use Permit No. 2339-00 at a public hearing held on November 28, 2000.
NOTE: See vote on Item 3.25.
(REMOVED AND HEARD SEP ARA TEL Y)
3.27 RESOLUTION NO. 9384
A Resolution of the City Council of the City of Orange approving a Variance to allow the
perimeter wall to have a maximum height of eight feet six inches, two feet six inches
taller than the six foot maximum permitted by the Zoning Ordinance upon property
located north of Chapman Avenue and Chapman General Hospital, east of Santiago
Creek.
Variance No. 2089-00, Applicant Nieupointe Enterprises
Resolution No. 9384 formalizes and documents action taken by the City Council on
Variance No. 2089-00 at a public hearing held on November 28, 2000.
NOTE: See vote on Item 3.25.
MOTION - Slater
SECOND - Alvarez
AYES - Coontz, Slater, Mayor Murphy, Alvarez
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CITY COUNCIL MINUTES
January 9, 2001
3. CONSENT CALENDAR (Continued)
Items 3.12, 3.25, 3.26 and 3.27 were removed and heard separately. All remaining items
on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
4.1 Election of Mayor pro tem.
MOTION - Mayor Murphy
SECOND - Slater
AYES - Coontz, Slater, Mayor Murphy, Alvarez
Moved to continue to a date uncertain. Mayor Murphy will agendize this item.
5. REPORTS FROM COUNCILMEMBERS
5.1 Report from Councilmember Alvarez on Growth Management Area 4 concerning
the ongoing efforts between Orange and Riverside Counties to improve the Inter-County
Transportation Connections. (T2200.0)
Councilman Alvarez asked for a report from the Traffic Engineer on the efforts between Orange
and Riverside Counties to improve traffic conditions between the two counties.
The Traffic Engineer reported the Community Environmental and Transportation Acceptability
Program (CETAP) is actively looking at growth issues in Riverside County and neighboring
counties, as it is expected that traffic volumes on the SR-91 will double in the next 20 years.
They have approached Orange County, asking for participation in an Environmental Impact
Report, which is estimated to cost approximately $3.5 million. OCTA has formed a Committee
to look into this matter and is soliciting input from Orange County cities. OCTA has not yet
decided whether to participate.
Councilmember Coontz stated the Eastern Transportation Corridor Agency is also involved in
this matter.
MOTION - Alvarez
SECOND - Slater
AYES - Coontz, Slater, Mayor Murphy, Alvarez
Moved to Receive and File.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept resignation of Randy Bosch from Planning Commission effective January 9,
2001. (C2500.G.2.5.1)
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CITY COUNCIL MINUTES
January 9, 2001
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
Mayor Murphy stated Randy Bosch has served with distinction for 14 years on the Planning
Commission, and has always come to fair and just decisions. He has contributed countless hours
to the community, not only of a civic nature but also to the church.
Councilmember Coontz stated she had appointed Randy Bosch to the Planning Commission 14
years ago. He has made great contributions and has always shared his knowledge with other
Commissioners. Some of his major accomplishments include the Old Towne Guidelines and the
East Orange General Plan. He is a lifetime resident of Orange and his experience as a
professional architect has always been useful. He has also been involved with the Library
Foundation and would like to continue his involvement with that Foundation.
Bob Bennyhoff, Orange Park Acres, stated Randy Bosch has always been very fair and thorough
and has always been able to explain issues so they are easily understood.
MOTION - Coontz
SECOND - Mayor Murphy
AYES - Coontz, Slater, Mayor Murphy, Alvarez
Moved to accept the resignation of Randy Bosch form the Planning Commission, with regrets,
effective January 9, 2001.
7. ADMINISTRATIVE REPORTS
7.1 Status report from the Director of Public Works on the evaluation of traffic safety
related issues at the intersection of Prospect Street and Maple Avenue. (S4000.S.3)
SUMMARY: At the City Council meeting of December 12,2000, Mayor Murphy directed staff
to evaluate the traffic safety related issues at the intersection of Prospect St. and Maple Ave.,
present their findings and recommendations to the City Traffic Commission, and report back to
the City Council. This report summarizes the ongoing efforts regarding this project.
The Director of Public Works reported there were two recent pedestrian accidents at Prospect
and Maple and there has been a great concern from the residents of that area for traffic safety.
They are working with the residents and the Police Department on a comprehensive review of
traffic safety issues for this area. They have replaced existing warning signs with a more visible
color, have placed the radar speed trailer in the vicinity and increased Police presence. They
have reviewed accident reports over the last seven years and conducted an indepth analysis of
traffic issues. He reviewed the history of the area, and how it has changed over the last ten
years; and indicated there seems to be a visibility problem at the intersection. A comprehensive
report will be presented to the City Traffic Commission at their meeting on January 10th, and
then recommendations presented to the Council on January 23rd.
Councilmember Coontz thanked the Public Works staff and the Police Department for their
efforts in researching the problems at this intersection. She reminded Council she had asked for
reports on pedestrian safety in the Canyon View area in 1998 and then again for a report on
pedestrian safety throughout the City last year; and no report ever came back to Council. The
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CITY COUNCIL MINUTES
January 9, 2001
7. ADMINISTRATIVE REPORTS (Continued)
City needs to do everything it can, in all areas; and she asked the City Manager to direct staff to
prepare a comprehensive study on pedestrian safety throughout the City, and report back in 60
days. Many "walking" communities, such as Old Towne and the EI Modena area will especially
benefit from a comprehensive study. She commented on a significant statement made last year
by the Director of Public Works when he stated that the 3 E's of Traffic Safety are Engineering,
Enforcement and Education. A broader effort is needed in education and she would like to help
formulate a City-wide plan to address the concerns of the community. There needs to be
stronger education programs established; and there are a number of programs and grants to assist
in this effort, and commented specifically on a program provided by CHOC
MOTION - Coontz
SECOND - Slater
AYES - Coontz, Slater, Mayor Murphy, Alvarez
Moved to receive and file report.
Councilmember Coontz asked the City Manager to direct staff to prepare a comprehensive study
on pedestrian safety throughout the City, and report back in 60 days.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 1-01 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the reclassification of
property located north of Chapman Avenue and Chapman General Hospital, and east of Santiago
Creek to C-l (Limited Business) from R-O (Recreation-Open Space) and the reclassification of
property located at the southeast comer of the intersection of Handy Street and Palm Avenue,
and West of Santiago Creek to R-I-6 (Residential, Single-Family, Minimum Lot Size 6,000
Square Feet) from R-O.
Zone Change 1205-00, Applicant Nieupointe Enterprises
Ordinance No. 1-01 formalizes and documents action taken by the City Council on Zone Change
1205-00 at a public hearing held on November 28,2000.
MOTION - Coontz
SECOND - Slater
AYES - Coontz, Slater, Mayor Murphy
NOES - Alvarez
Moved to continue Ordinance No. 1-01 to January 23, 2001.
Minute Order: Councilman Alvarez voted No to be consistent with his previous votes on Items
3.25,3.26 and 3.27 on the Consent Calendar.
PAGE 14
CITY COUNCIL MINUTES
January 9, 2001
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 5:25 for the following purposes:
a. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
Property: Parcel located at NW comer of Spring and McPherson
Negotiating Parties: Union Pacific Railroad and City of Orange
Under Negotiation: Price and Terms of Payment
NOTE: This item was not discussed.
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9(a) existing
litigation.
City of Orange v. County of Orange (U.S. District Court, Central District Case No.
SACV99-1563 AHS (ANx)
City of Orange v. County of Orange (California Superior Court Case No. 00CC02559)
c. Discuss potential litigation pursuant to Government Code Section 54956.9 involving
Nieupointe Enterprises application.
d. 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.
11. ADJOURNMENT
MOTION - Slater
SECOND - Coontz
AYES - Coontz, Slater, Mayor Murphy, Alvarez
The City Council adjourned at 6:30 p.m. in memory of Phil Pierce, employee of the Department
of Public Works.
(3U<k'mJ,0a,~
CASSANDRA ATHCART, CMC
CITY CLERK
/l~~~~RPHY
MAYOR
PAGE 15