05-17-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 17,1994
The City Council of the City of Orange, California convened on May 17, 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
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT -
None 1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/
ANNOUNCEMENTS/INTRODUCTIONS A presentation was
made by Eric Older, State Forestry Department, naming the City of Orange as "Tree
City, U.S.A." for the sixth year in a row.The City Attorney
introduced newly hired David DeBerry, Assistant City Attorney.1.5 PROCLAMATIONS -
None 2.CONSENT CALENDAR TAPE
210 2.1 Declaration of
City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of May
17, 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 Request Council
approve Tract No. 14549 and accept street dedication as offered. Pacific Ridge Partners. North of
Via Escola between Meats Avenue and Loma Street. (T4000.0)FISCAL IMPACT: None.ACTION:
Approved.2.3
Request Council
approve a Lease Agreement with Massachusetts Life Insurance Company, for slope landscaping
on the west side of Lewis Street, north of the Garden Grove Freeway. (A2100.0.
Agr.0932.A)FISCAL IMPACT: Revenues will
be generated by this in the Rents and Concessions Fund.PAGE 1
CITY COUNCIL MINUTES May 17,1994
2. CONSENT CALENDAR (Continued)
Action: Authorized Mayor and City Clerk to execute on behalf of the City.
2.4 Request from the Foundation of the Bowling Proprietors Association of Southern
California to conduct the first annual Grand Prix Hoe-down Fundraiser for
their scholarship program on June 18, 1994, from 6:00 to 11:00 p.m. at Regal
Lanes.p1300.0.
9)FISCAL IMPACT: All related fees and permits will be
paid.ACTION:
Approved.2.5 Approve and authorize the award of bid number 934-22 for 16" Ductile Iron
Water Mains for Main Street and Town and Country Road, to S.1. Burkhardt, Inc., Miraloma,
CA, in the amount of$65,555.00 and reject all other bids. (A2100.0.
Agr.2217)FISCAL IMPACT: There are sufficient funds in the Main Street Water
Main Fund.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.2.6 Request Council approve authorization for advertising to invite bids for
installation of Audible Pedestrian Signals at the following locations: Chapman Avenue at
The City Drive, Tustin Street at La Veta Avenue, Chapman Avenue at Yorba Street,
La Veta Avenue at Pepper Street, and Main Street at La Veta Avenue. Bid
No. 934-31.S4000.
S.3.3)
FISCAL IMPACT:
None.ACTION: Approved.2.7 Request Council approve the installation of a flashing yellow warning light
east of the intersection of Collins Avenue at Roberto Street for northbound
to westbound traffic.
S4000.SJ.3)FISCAL IMPACT: Funds are not currently available for
implementation of the recommended improvements. Funding for the work will be included in
the fiscal year 1994/95
Capital Improvement
Program.ACTION: Approved.2.8 Request from International Society of Arboriculture to hold its
Southern California Tree Trimmer's Jamboree and Arbor Faire in W. O. Hart Park on July 16, 1994. (
p1300.0.9)FISCAL IMPACT: All required fees
will be
paid.ACTION:
Approved.
CITY COUNCIL MINUTES May 17,1994
2. CONSENT CALENDAR (Continued)
2.9 CLAIMS FOR DAMAGES FROM: (C3200.0)
a. Nalla Davis.
b. Wolfpoint Partners - Cross reference Ca1comp/Garcia.FISCAL
IMPACT: None.ACTION:
Denied claims and referred to City Attorney and Adjuster.2.
10 Request Council appropriate $5,625.00 from Account 100-4021-411101 (Salary
Savings)to Account 100-4011-426700 for the payment of present and future
expenses related to the Police Department's pre-employment hiring
and promotional
testing processes.C2500.K)FISCAL IMPACT: None. Funds requested have already been
appropriated
in the
present budget.ACTION:
Approved.MOTION - Barrera
SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz,
Murphy All items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM MAYOR BEYER - None
4. REPORTS FROM COUNCILMEMBERS
Councilman Spurgeon reported the El Toro Reuse committee meeting was rescheduled to
June 15th. A report to Council will be scheduled for the June 21, 1994 agenda.
Mayor Beyer announced the City Manager will serve as Councilman Spurgeon's alternate
on the EI Toro Reuse Committee.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE
3
CITY COUNCIL MINUTES May 17, 1994
6.ADMINISTRATIVE REPORTS TAPE 292
6.1 Progress report from Cablevision of Orange on test program to televise City Council
meetings. (C2500.D)
Jon Borgeson, representing Cablevision of Orange reported a proposal for the test program to run
for six weeks was submitted to the Community Video Advisory Board. The CV AB supported the
proposal, however their available funds were only $3500 and Cablevision's submission of costs
were $5500. Cablevision gave their annual donation to the Board of $5000 which brought the
total to $8500. The Community Video Advisory Board approved $3500 which will only provide
for a three week test.
Councilmembers expressed concern that a three week test was not enough time. The public needs
the opportunity to see a representative sample of Council meetings. Also, there needs to be a
schedule of which Council meetings are to be aired. This should be coordinated with the City
Clerk.
Mr. Borgeson and Kristy Casasanta, General Manager, indicated Cablevision of Orange could
contribute the additional cost differences to make a full six week test.
Mr. Borgeson further commented there needs to be approximately 30 days before the test begins
in order to publicize. July 12, 1994 was suggested as a tentative date to begin the test. Mr.
Borgeson explained there is no cost difference between live or tape delay broadcasts.
Pat Buttress, Chairwoman of the Community Video Advisory Board, remarked in other cities that
televise their Council meetings, the consistency of having the Council meeting show at the same
time is important.
Mr. Borgeson indicated they could be flexible regarding this issue.
Carole Walters, 534 N. Shaffer, asked if the Council meetings only lasted one half hour would the
cost be less? Mrs. Walter's further commented she is in favor but did not want this to become a
political grandstand.
Mr. Borgeson explained the costs and the crew's time schedule.
MOTION
SECOND
AYES
NOES
Murphy
Coontz Spurgeon,
Coontz, Murphy Barrera, Mayor
Beyer Moved to accept
the report and direct Cablevision to return to Council with a final proposal. This proposal is to
include a suggested time schedule, coordinate the appropriate scheduling with the City Clerk and
to keep in mind the need to advertise up front. It is hoped something can be inserted in the
billing or some other way. This test is at no cost to the City or taxpayers.PAGE 4
CITY COUNCIL MINUTES May 17,1994
6. ADMINISTRATIVE REPORTS (Continued)
Kristy Casasanta commented they will place a reply card in their invoices to go out to specific
portions of the community if a survey would be approved. Councilmembers commented
reviewing the community's response would be an important part of the process.
MINUTE ORDER - MAYOR PRO TEM BARRERA: "I think this is a luxury the City cannot afford
at this time. "MAYOR
BEYER: "My concern is I think the survey should come before the test. I'vegotten quite
a few pros and cons on this subject."7.
REPORTS FROM CITY MANAGER TAPE 670 7.
1 Report from City Manager regarding waiver of fees for Crest de Ville homeowner with
damage from 1993 Stagecoach Fire. (C2500.E.l)The
City Manager reported a request to waive the subject fees was received from John J. O'Neillwhose
property located at 5506 Crest de Ville was destroyed by the 1993 Stagecoach Fire.Councilmembers
discussed having a catastrophic policy rather than hearing each incident individually,
but at the City Manager's discretion.The
City Manager commented the two homes destroyed in this fire were heard separately and were
designated as catastrophic losses. This was a catastrophic loss unique unto itself It was suggested
that as each event were to take place they would be presented to Council.Mayor
Beyer instructed the City Attorney to prepare a report for Council covering catastrophic events
and other related issues.MOTION
SECOND
AYES
Mayor
Beyer Spurgeon Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved to approve the
requested waiver of fees.8.LEGAL AFFAffiS TAPE
837 8.1 RESOLUTION NO.
8318 A Resolution of the
City Council of the City of Orange approving and authorizing execution of an Owner Participation Agreement by
and among the Orange Redevelopment Agency, the City of Orange and the Garner-
Richmond Trust and making certain findings therewith and authorizing the execution of a
Public Works Cooperation Agreement with the City of Orange relating to public improvements. (Chapman and
Main) (RA2100.0.Agr.2218)PAGE 5
CITY COUNCIL MINUTES May 17,1994
8. LEGAL AFFAffiS (Continued)
MOTION
SECOND
AYES
Barrera Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Resolution No.
8318 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 -
None 11. RECESS MOTION SECOND
AYES Mayor
Beyer
Barrera
Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy
The City Council recessed at 3:40
P.M. to a Closed Session for the following purposes:a. Conference with Legal Counsel - existing litigation
pursuant to Government Code Section 54956.9, to wit:City of Orange vs.
Insurance Company of North
America, Orange County Superior Court Case No. 71-84-93.City of Orange
vs. Moreland and
Associates, Orange County Superior Court Case No. 70-13-96.City of Orange vs.
Refco
Securities, Inc., NASD Arbitration No. 92-03685.National Advertising vs. City
of Orange, United States District Court Case No. CV 85-4968 Tlli(Kx).b.
Conference with
Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.
9 (one potential case).c. Conference with Labor
Negotiator pursuant to Government Code Section 54957.6.City Negotiator: Orv Placial,
Personnel Director MOTION SECOND AYES Spurgeon
Barrera
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy
The need to change Item c, deleting
Supervisory and Middle Management and adding Fire Association, arose after the posting of the
agenda.PAGE 6
CITY COUNCIL MINUTES May 17,1994
11. RECESS (Continued)
The City Attorney commented there were late negotiations on May 12, 1994 after the posting of
the agenda.
Employee organizations: Fire Association.
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.
NOTE: Due to an expected lack of quorum the 7:00 P.M. Session was no convened.
12. ADJOURNMENT
MOTION
SECOND
AYES
Spurgeon Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy The City Council
adjourned at 4:50 P.M.Marilyn J. Jensen
MARILYN 1. JENSEN,
CMC CITY CLERK Gene
Bever GENE
BEYER MAYOR
BY~&./;ud-
CASSANDRA .
ATHCART, CMC
DEPUTY CITY CLERK
BY~~~",-DL. BARRERA
MAYOR PRO
TEM PAGE
7