HomeMy WebLinkAbout1_9_2001 - Council MinutesAPPROVED 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.
2PLEDGE OF ALLEGIANCE TO THE FLAG - Led by Councilman Slater 1.3
ROLLCALL PRESENT - Coontz,
Slater, Mayor Murphy, Alvarez ABSENT - None 1.
4 PRESENTATIONS/ANNOUNCEMENTS/
INTRODUCTIONSThe 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.PAGE 1
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
CITY COUNCIL MINUTES January 9, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: 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 ofOrange 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
availablein thefollowing accounts
upon appropriation:
550-5011-
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 toexecute 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 Agreementbetween
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
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 IMPACT: Sufficient funds are available in the Sanitation Fund Account No.
220-
5022-426700.
PAGE
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.
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.FISCALIMP 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
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.LIBRARYHOURS
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.
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 ofthe 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
CITY COUNCIL MINUTES January 9,2001
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
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
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 ChapmanGeneral 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 TELY)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 PAGE 11
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)PAGE 12 L....-__~__
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 - CoontzSECOND -
Mayor MurphyAYES - 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 PAGE 13
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. LEGALAFFAIRS
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
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