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07-26-1994 Council MinutesV~D Bi _HE C~_i LU_~C__~ U~ A~~~0_ _0 --~~~CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA JULY 26, 1994 The City Council of the City of Orange, California convened on July 26, 1994 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.3: 00 P.M. SESSION 1. OPENING 1. 1PLEDGE OF ALLEGIANCE TO THE FLAG 1. 2 ROLL CALL PRESENT - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer 1.3 APPROVAL OFMINUTES Regular Meeting - June 28, 1994 MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved.Regular Meeting - July 12, 1994 MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved.Regular Meeting - July 19, 1994 MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved. 1.4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Pat Buttress, representing Southern California Edison Company, announced their electrical vehicle "Impact," wasin the City Hall parking lot and invited everyone to test drive the car. PAGE 1 CITY COUNCIL MINUTES JULY 26, 1994 1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR TAPE 93 2. 1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of July 26, 1994, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; 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.2. 2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.2. 3 Request Council award a contract in the amount of $87,589.50 to L & R Electric, Inc. for the installation of a traffic signal and highway safety lighting at the intersection of Fairhaven Ave. and Yorba St. (AZI00.0.Agr.2265)FISCAL IMP ACT: Orange County Combined Transportation Funding Program, a Measure M, component will be funding this project through Growth Management Areas GMA) 3 & 7.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2. 4 Request approval of Amendment No. 14 to the 'Trash and Garbage Contract.' (OrangeDisposal) ( AZI00.0.Agr.Oll9.R)FISCAL IMPACT: No change in fiscal year budget.ACTION: Authorized Mayor and City Clerk to execute amendment on behalf of the City.2. 5 CLAIMS FOR DAMAGES FROM: (C3200.0)a. Michael, Joyce and Donald Thomas X- Ref. Gray v. Thomas) b. Travis Skiver ACTION: Denied claims and referred to City Attorney and Adjuster. REMOVED AND HEARD SEP ARATEL Y) 2.6 Request Council authorize the Library to retain the fees generated by the newly proposedBestSellerRentalCollectionforthepurposeoffurtherpurchasesofmaterialsforthe rental collection. (C2500.I) Page 2 CITY COUNCIL MINUTES JULY 26, 1994 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: If the Library retains the fees generated by this one service program, there is no impact on the budget. If the Library cannot retain the fees, additional moneys will have to be allocated to purchase best seller titles. The Adult Services Supervisor from the Library explained the rental collection will consist of best sellers and will start at the Main Library. This is a pilot program which will be evaluated in six months. The branches will retain one copy of the best seller book which patrons at any branch may place a hold on for $1.00. The best sellers will check out only for one week at $1.50. With this program the collection should pay for itself. The City Manager indicated these funds are always general fund moneys earmarked to a revolving trust fund. This plan is for the program to become self-sustaining. The six month evaluation report will be presented to Council.Councilwoman Coontz expressed concern that the funds will not be going into the general fund. However, this new program is unique and necessary.MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved.2. 7 Request Council authorization to approve a Deferred Payment Loan and authorize the Finance Department to prepare a warrant. (C2500.G.1.3.3)FISCAL IMPACT: Funds are available in Account No. 315-6052-811401-0000 Deferred Payment Loan). CASE #568, $20,000. ACTION: Approved. REMOVED AND HEARD SEP ARATEL Y) 2.8 Request Council authorize the Fire Department to work in conjunction with the Orange County Community Services Area Agency on Aging to install smoke detectors in the homes of qualified elderly citizens with smoke detectors provided by the Area Agency on Aging. (C2500.H) FISCAL IMP ACT: Very minimal, as smoke detectors will be supplied by the Area Agency on Aging and the Fire Department will use on-duty firefighters.Chuck Tuggle, Firefighter, eXplained the program was paid for by the Area Agency for Aging. The City of Orange Firefighters will install the smoke detectors while on duty.The installation will be arranged around their normal duties. The smoke detectors are for Page CITY COUNCIL MINUTES JULY 26, 1994 2. CONSENT CALENDAR (Continued) people over 60 years old. Gigi Barsoum, Health Educator with the Area Agency on Aging. reported while the firemen are installing the smoke detectors, they can also conduct home safety inspections and pass this information to the agency. Under the Older Americans fund, other safety devices can be installed in the home. Councilmembers expressed concern that some seniors may not be able to change the batteries on the smoke detectors. It was suggested service groups in the community could have an opportunity to assist in this way. Ms. Barsoum reported operational information will be given to the seniors and a phone number for assistance. Fire ChiefRudat indicated a status report will be presented to Council on the success of the program. MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Murphy, Coontz ABSENT - Mayor Beyer ACTION: Approved.2.9 Request Council approve an agreement with the County of Orange Community Social Programs for grant funds for additional training for Officer Mike Streed in Forensic Arts Science. (AZI00.0.Agr. 2266)FISCAL IMPACT: $1,000 will be generated in the Forensic Art Donation Account 100-0000-293900-2309.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Items 2. 6 and 2.8 were removed and heard separately; the remaining items on the Consent Calendar were approved/denied as recommended. END OF CONSENT CALENDAR Page 4 CITY COUNCIL MINUTES JULY 26, 1994 3.REPORTS FROM MAYOR BEYER TAPE 577 3.1 Reappointment of George Gorham to the Orange Library Board of Trustees. Term to expire June 30, 1996.) (C2500.I.l) MOTION SECOND AYES ABSENT Approved. Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer 4. REPORTS FROM COUNCILMEMBERS TAPE 601 4.1 Request from Councilman Spurgeon for permission to leave the State.Councilman Spurgeon requested permission to leave the State August 1st through the 5th.MOTION SECOND AYES ABSENT Approved. 5. Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 633 TAPE 5.1 Report from the City Traffic Commission regarding the establishment of a City-wide Speed Control Device Program. (S4000.S. 3.4)The Traffic Engineer reported approximatelytwo years ago speed bump/hump devices were tested that couldreduce speeds in residential areas. These devices are not official traffic control devices. They are recognized as roadway design features. There is no approved policy on their use. Different agencies in Orange County have created policies. Staff has reviewed these policies and incorporated them into this design. One of the critical issues with this policy is that there is not a proliferation of this type of device in Orange. These bumps/humps cost approximately $ 2500 each. Staff is recommending a minimum of three be used in any given segment.The significant aspect of the draft policy is the recognition that the program will help control speeds and not reduce traffic volumes or divert traffic onto residential streets. The devices are speed control devices not traffic safety devices. The City Traffic Commission felt the devices benefited the residences abutting installations not the general motoring public. The Commission recommended the program operate under full cost recovery. Further, the program must be flexible.Page 5 CITY COUNCIL MINUTES JULY 26, 1994 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) The City Traffic Engineer was asked by Councilmembers about liability issues. The bumps/humps are engineered features designed to minimize potential accidents particularly relating to two wheeled vehicles. Further, these are not a substitute for other types of traffic diverters, but specifically used to curtail excessive speed. The City Manager recited a situation in the City of Temecula where this type of device was installed at the residents request. After a period of time, the noise generated from the cars slowing down caused the residents to petition to have the devices removed. Council discussion ensued relative to public safety vehicles responding to emergency calls and how the devices would affect them. The Police and Fire Chiefs were asked to report back to Council. MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to continue this item for 30 days.6.ADMINISTRATIVE REPORTS TAPE 1236 6.1 Report from the City Traffic Engineer regarding the request for the installation of an "All-Way" Stop control device at the intersection of Center Street and Palm Avenue continued from 5/ 10/94,6/14/94 and 7/19/94). (S4000.S.3.3)The Traffic Engineer reported the Traffic Commission's recommendation is to deny the request for the 4- way stop and approve the installation of26 feet of red curb on the southwest corner.MOTION SECOND AYES ABSENT Spurgeon Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to approve the recommendation of the Traffic Department and Engineer.7.REPORTS FROM CITY MANAGER TAPE 1301 7.1 Report from the City Manager regarding the Contract Fire Services in Orange County (continued from 1/18/94). ( C2500.H)The City Manager reported it would not be timely to bring this forward and recommended it be continued to January, 1995. The County, at this time, is exploring the possibility of entering into a Joint Powers Authority with a number of contract cities, resulting in the consolidation of these cities and the County in a large JP A. This would provide consolidated fire protection for those Page 6 CITY COUNCIL MINUTES JULY 26, 1994 7. REPORTS FROM THE CITY MANAGER (Continued) entities. Until this is resolved, the City should not move ahead and approach the County. To pursue a study now would not be in keeping with the fiscal year and would be premature. If the City continues to look at contracting with the County, consideration of a consolidated program with the North Net members might be of more benefit to the City. MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to approve the recommendation of the City Manager and continue the issue of further consideration of contract fire service to January, 1995.7.2 Report from the City Manager on change of Council meeting date and format.C2500.D)The City Manager reviewed the following alternative formats recommended by the City Attorney and City Clerk:Alternative No.1: Meet the 2nd and 4th Tuesday, beginning at 3:00 p.m., 5:30 p.m. Recessto Closed Session, 7:00 p.m :Public hearings - Format - change Oral Presentations to first on Agenda after Roll Call. Time Limit: Three minutes per speaker for items of public interest not on the Agenda or three minutes per speaker, and 15 minutes per subject for agenda items (except Public Hearings) Recess at 10:00 p.m. - Council may extend by majority vote.Alternative No.2: Meet the 2nd and 4th Tuesdays, 5:00 p.m. Closed Session, 6:00 p.m. Regular Session, 6:30 p.m. Public Hearings; Format: Same as Alternative No. I, Recess 10:00 p.m.Alternative No.3: Meet the 2nd and 4th Tuesdays, 6:00 p.m. Closed Session, 7:00 p.m. Regular Session and Public Hearings, Format: Same as Alternative No.1, Recess at 10:00 p.m.Councilman Murphy, wanting to make the meetings available to the public as much as possible,suggested beginning the regular session at 5: 00 p.m., closed session at 6:00 p.m., and maintaining the public hearing session at 7:00 p.m. Oral presentations could be kept in its current position.Also, Council meetings would be held two Tuesday per month with a third Tuesday used as an emergency meeting date.Councilwoman Coontz commented the first session should begin no later than 4:00 p.m. which would leave enough time for the afternoon business, executive session and dinner. Senior citizens, in the past have complained that they want to attend Council meetings in the afternoon,they do not want to go out at night. However, beginning at 4:00 p.m. would hopefully allow enough time for all the business currently discussed in the afternoon.The City Manager suggested the regular session begin at 4:30 p.m.Page 7 CITY COUNCIL MINUTES JULY 26, 1994 7. REPORTS FROM THE CITY MANAGER (Continued) MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to instruct the City Attorney to submit a conforming ordinance to clarifY changes as recommended (Alternative 4) with a starting time of 4:30 p.m., Oral Presentations to stay in their current schedule at the end of the agendas, the time limits and other administrative changes to be made as noted in the interoffice memo dated July 26, 1994.8. LEGAL AFFAIRS 8.1 ORDINANCE NO. 14-94 An Ordinance of the City Council of the City of Orange adding Chapter 2.15 to Title 2 of the Orange Municipal Code relating to the donation and receipt of specified gifts to public officials.A2500.0) Councilwoman Coontz requested a master list of corporations or individuals that are contracting with the City, including unions and land use applicants. Because acceptance of gifts is a misdemeanor, the Council and public need to know this information.Shirley Grindle, 5021 Glen Arran, commented the County does not have this type of a list, finding it not necessary. When someone offers a gift, the recepient only has to ask if they are contracting with the City?The City Attorney commented a current vendor list could be supplied, but there are other definitions of contractors doing business with the City, such as someone seeking a contract or grant from the City, or someone who has sought a grant or contract within the last twelve months. Those are definitions of "doing business" with the City. Regarding permits and licenses,if they are seeking or opposing a license or permit entitlement or have done so within the last twelve months, they fall within the definition of doing business with the City.The City Attorney opined ifit is unknown whether the donor is doing business with the City, it probably would be good and prudent to not accept the gift. Anyone seeking a license or permit entitlement with the City, other than a business license, would be doing business with the City.MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 14-94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.Page 8 CITY COUNCIL MINUTES JULY 26, 1994 8. LEGAL AFFAffiS (Continued) 8.2 ORDINANCE NO. 15- 94 An Ordinance of the City Council of the City of Orange amending Chapter 17.06 of the Orange Municipal Code and approving the reclassification of property situated on the Northwest corner of Tustin Street and Washington Avenue, more particularly described as 236 and 250 South Tustin Street. (C2300. 0)The Director of Community Development was asked to report on this because there have been difficulties. At this time, the site plan and project proposal is proceeding through the Design Review Board application process. There have been ongoing discussions with the neighbors regarding the access of the parking facilities onto Washington Avenue or directly to Tustin Street.This has been to three sessions ofthe DRB. There is a request from the applicant to continue it one more time. It is scheduled to return to DRB on August 3, 1994.Councilmembers indicated there was a lack of quorum at one DRB meeting and felt the Director of Community Development should look into this situation so it does not happen again.Zone Change 1169-94 Applicant: Eugene I. Saltzer, M. D. MOTION SECOND AYES ABSENT Spurgeon Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 15-94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8. 3 RESOLUTION NO. 8370 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 934-12; R. 1. Noble Company; Street maintenance 1993-94, various locations. (AZI00.0.Agr. 2189) MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8370 as introduced be adopted and same was passed and adopted by the preceding vote. Page 9 CITY COUNCIL MINUTES JULY 26, 1994 8. LEGAL AFFAffiS (Continued) 8.4 RESOLUTION NO. 8372 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. (AZI00.0.Agr.2178) Bid No. 934-10, Layne-Western Company - McCalla Division MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8372 as introduced be adopted and same was passed and adopted by the preceding vote.8. 5 RESOLUTION NO. 8373 A Resolution of the City Council of the City of Orange declaration of County Highway, as a City Highway, for Roadway Improvements. (H1200.0)Location: Fairhaven and Yorba MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8373 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Request from Robert D. Mickelson, et aI, to place a measure on the November 8, 1994 ballot to return the Mayor's office to appointed and, the selection of Mayor to a systematic set rotation among the five Council members for one year terms.Mr. Mickelson announced the foUowing changes to the request: The July 12th letter signed by the Ad Hoc Committee, change November 8, 1994 to November, 1995; Attachment A, on the second paragraph, change August, 1994 to November 9, 1994.Page 10 CITY COUNCIL MINUTES JULY 26, 1994 10. ORAL PRESENTATIONS (Continued) Shirley Grindle, 5021 Glen Arran, requested Council instruct the City Attorney to write an ordinance to be brought back to Council within the next 30-60 days to set up the rotation system among Council members in accordance with Attachment A of the committee's letter with the corrections that the rotation be established as the Council exists after the November 8, 1994 election. If possible, this should be phrased as a single question on the ballot. In the event this measure does not make the dates proposed, it could go on the ballot for the March 1996 Presidential Primary election.The ballot measure would include the determination of rotation. If it did not, the committee would not support placing it on the ballot. The ballot argument would be written by the committee.The City Clerk was asked how much the County would charge for a ballot measure. It is approximately $4-6,000 for each measure and includes the ballot statement.Council discussed the election of the fifth council member as a part ofthis equation. The public would be asked to elect five council members to four year terms and then the rotation would be instituted. Switching from a two year election cycle for Mayor, this proposal suggests a two year election cycle with three council seats being elected on one election and two on the next.Mr. Mickelson agreed and commented this should be included in the documentation.Ms. Grindle eXplained whoever is elected this November and serves the two-year term, this would not go into effect until November, 1996, the seniority seats would be assigned on the basis of seniority with the exception that whomever is Mayor automatically takes position 5.Councilwoman Coontz asked about the position of Mayor pro tem. Council discussion ensured relative to when the rotation process should take place, before or after the election.Mr. Mickelson indicated the Mayor pro tem was not included in the criteria. It could be set up where the next person in the succession would automatically be Mayor pro tem or it could be ignored and selected by councilmembers. This could be decided at a later date.Carole Walters, 534 N. Shaffer, asked what the election argument dates are? Ms. Walters also commented in favor of the Mayor being directly elected by the people, and that the term limits recently on the ballot were a waste of taxpayers money because Orange is a General Law City and cannot institute term limits.The City Clerk reported argument dates will be scheduled in 1995 when the election is called by Resolution.Councilman Spurgeon commented it was very clear the term limit measure was advisory only and sent a strong message to officeholders that term limits are CITY COUNCIL MINUTES JULY 26, 1994 10. ORAL PRESENTATIONS (Continued) The following people spoke in favor of the proposed ballot measure: Bob Bennyhoff, 10642 Morada Dr. Will Chambers, 242 S. Olive Councilwoman Coontz asked who will pay for the ballot measure. Citizens in opposition may wish to have an opposing statement. The City should pay for both or none if this is the case. The City Attorney explained the ballot measure would go on the November, 1995 election. If the initiative passes this would be one ballot measure, an ordinance could be adopted by the initiative process. Discussion ensued relative to having the Mayor pro tem added into the rotation so there is no problem of politics. The City Attorney indicated this could be accomplished in the ordinance. MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to direct the City Attorney to return to Council within 60 days with a draft ordinance for Council's consideration. 10.2 POLICE CHECK POINT Bob Fairley, 1545 E. Palmyra, complained about a Police check point on Chapman Avenue near Fred Kelly Stadium. Mr. Fairley asked what it was concerning and who ordered it.Police Chief Robertson reported the vital checkpoint was for child safety seat belts. This program is part of a grant program the Police receive from the State that requires these checkpoints.Bob Bennyhoff, 10642 Morada Dr., spoke in support of the check point.10.3 FILM COMPANYCarole Walters, 534 N. Shaffer, commented about the filming company that filmed a commercial in the plaza area last week. She was talking to the Radio Shack Manager who indicated he lost money and Ms. Walters asked if the City would reimburse the business.The City Manager remarked the City will not reimburse the businesses, however everything is being done to make sure this situation does not happen again.Page 12 CITY COUNCIL MINUTES JULY 26, 1994 11. RECESS MOTION SECOND AYES ABSENT Murphy Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer The City Council recessed at 5 :20 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a) to wit:City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685.NOTE: This item was deleted from closed session.National Advertising vs. City of Orange, United States District Court Case No.CV85-4968 TJH( Kx).Cityof Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 9718.NOTE: Item b was deleted from closed session. Conference with Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.9(c) (one potential case).Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case).c. Public employee performance evaluation pursuant to California Government Code Section 54957. Title: City Manager 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.7:00 P. M. SESSION 12. INVOCA TION Keith Regan, Executive Director, Orange Elderly Services Inc.12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None Page 13 CITY COUNCIL MINUTES JULY 26, 1994 12.4 PROCLAMATIONS - None 12. 5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 4650 13.1 Closure of Adams Avenue West of Tustin Street, City of Orange:S4000.S. 4)Time set for a public hearing on petition by the City of Orange to evaluate the impacts of closing Adams Avenue to eastbound traffic at Shattuck Street, and determine if the partial closure should be removed, modified or made permanent.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The City Traffic Engineer gave a brief review of the past six months and the traffic studies re-conducted in the area. The traffic volume on Adams between Cambridge and Lincoln has decreased by approximately 200-300 trips per day, due to a reduction in eastbound through trips and changes in travel patterns by nearby residents. Lincoln, California and Wilson traffic volumes have remained the same but there has been a shift in the directional distribution of the flows. The latest radar speed surveys on Adams indicates an 85th percentile speed of32 to 34 mph, typical of residential collector streets.The acceptance of the partial closure by the neighbors was negative. Since implementation in January, staff has received inquiries and complaints. Numerous violations have been observed by staff during field investigations and reported by residents. This not only implies non-acceptance but also creates a safety issue regarding driving the wrong way with the potential for head- on accidents.Based on previous traffic studies of all the streets in the neighborhood, it is staffs opinion that Adams, Lincoln and Wilson all function as residential collector streets and have similar traffic volumes. Staff is recommending removal of the partial closure leaving Adams Street open. Full closure is not feasible unless a part of Adams Street was vacated through proper public hearings.The City Attorney opined this is correct. The City would have to go through abandonment process pursuant to the Streets and Highway Code with findings that there was no present use or future use and that it was in the public interest to do so. Also, there are vehicle code sections that allow Council to close the street if it is no longer needed for vehicular traffic. Since the last public hearing, there has been an pronouncement by the Appellant Court emphasizing these two sections being the proper procedure to close a public street.The following people spoke in favor offull closure of Adams Street, commenting on the volume of traffic as unsafe, dangerous for small children, this area is a high risk area, closing the street would reduce the liability factor, and requesting to change the stop sign for westbound traffic on Adams:Page CITY COUNCIL MINUTES JULY 26, 1994 13. PUBLIC HEARINGS (Continued) R. Andy Baker, 1314 E. Adams Christine Baker, 1314 E. Adams William Wright, 1314 E. Adams Tina and Bob Jones, 1343 E. Adams Mike Tunstall, 1428 E. Adams John Elsey, 1311 E. Adams Lowell McKean, 1314 E. Wilson James Clark, 947 E. Adams Anna Isbell, 1024 E. Adams Sandee Traspoprt, 1401 E. Adams Linda and David Cottrill, 1324 E. Adams Tammy Thaete, 1301 E. Adams Mavis Elsey, 1311 E. Adams Kathleen Massa, 1163 N. Lincoln Darlene Dortch, 1208 E. Adams Tom Thaeti, 1301 E. Adams Raymond Williams, 1413 E. Adams Kevin Sticker, 1012 E. Adams The following people spoke in opposition to the partial closure, stating it was causing confusion for motorists, people cannot patronize the stores on Tustin Street, the barricade is an eyesore and is 90% ineffective: Randy Wiley, 1538 E. Adams Mona Hecox, 1087 Greengrove Lisa Powers, 1538E. Adams Linda Townsend, 1538 E. Adams Sharron Matlagh, 1538 E. Adams Ron Kossack, 1438 E. Adams Pam Henton, 1183 N. Shattuck Elva Cheng, 1618 E. Adams Ed Pysden, 824 N. Lincoln, submitted petition with approximately 51 signatures by business owners on Tustin St. that have suffered Richard Walsworth, 935 E. Wilson THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING. Council discussion ensued relative to implementing a full closure and what the response time would be for Fire trucks on emergency calls. The Fire Chief reported there are other means of secondary access, but there is concern over split addresses. If the full closure were to occur, it was calculated from Adams, if an incorrect address was given and they had to go around to Katella and to Wilson Street, it is approximately 8/10 of a mile and a two minute delay. It is 9/10 of a mile to go back to Collins and around to Lincoln, which is also a two minute delay. Page 15 CITY COUNCIL MINUTES JULY 26, 1994 13. PUBLIC HEARINGS (Continued) Mr. McKean reported the Truck Limitation Sign had been removed from the neighborhood some time ago, and commercial trucks are traveling down the residential streets. The Traffic Engineer commented he would resolve the sign problem. Council discussed the post office is still causing traffic problems. The City-wide Speed Control Device Program presented at the 3:00 p.m. session today outlining speed bumps/humps should be considered for this area. It was observed this is a safety versus a circulation issue. Everyone wants a safe neighborhood. It was suggested this issue be continued for 90 days or sooner.The Traffic Engineer requested additional enforcement from the Police Department if the diverter barricade was to remain in place. MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to continue the issue of the closure of Adams Avenue up to 90 days to give the Traffic Department the opportunity to look at a variety of solutions to the traffic problems of Adams and the contributing factors of Tustin Street and Katella Avenue, with solutions to embody both safety and circulation.14. PLANNING AND ENVffiONMENT - None 15. ORAL PRESENTATIONS Gene Somers, 1639 E. Candlewood, complained about the increase in graffiti, political signs,posting of bills in Iranian language - the city is becoming saturated. Also, people that post garage sale signs on utility and street name posts should be held responsible.The City Manager commented the City Attorney has been directed to take action and cite the individuals that posted the Iranian material as a nuisance abatement.Mark Ryan, Orange Independent Reporter, announced he is beginning a new job as a writer for biomedical newsletters.Page 16 CITY COUNCIL MINUTES JULY 26, 1994 16. ADJOURNMENT MOTION SECOND AYES ABSENT Murphy Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer The City Council adjourned at 9:00 p.m.m /La~<Jr~ ChAA'. i,,4t/' MARILYN J N , @tfc CITY CLERK Gene Beyer GENE BEYER MAYOR BY'~ FREDL.B RA MAYOR PRO TEM Page 17