11-08-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
NOVEMBER 8, 1994
The City Council of the City of Orange, California convened on November 8, 1994 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 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting
October 25, 1994.MOTION - Murphy
SECOND - Barrera AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTA
TlONS/ ANNOUNCEMENTS/
INTRODUCTIONS The CityManager introduced the
newly-hired Director of Economic Development, David McElroy.1.5 PROCLAMATIONS -
None
2. CONSENT CALENDAR 2.1
Declaration of City
Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of November 8,
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.PAGE
1
CITY COUNCIL MINUTES NOVEMBER 8, 1994
2. CONSENT CALENDAR (Continued)
2.3 Request Council approve a Goodwill Appraisal Contract with Desmond, Marcello and
Amster, a professional corporation, covering existing businesses located at 472-490
South Main Street. (AZlOO.0.Agr.
2318)FISCAL IMPACT: Funds are budgeted in Account No.
271-5011-483300-3227.ACTION: Authorized Mayor and City Clerk to execute on
behalfof the City.2.4 Request for the temporary suspension of permit parking
restrictions within Permit Parking Area 'A' (downtown residential area), on Thursday, December 8, 1994, from 8:
00 a.m. to 8:00 p.m. for anall-day conference. (
S4000.S.3.
1.2)
FISCAL IMPACT: None.ACTION:
Approved.REMOVED AND HEARD SEPARATELY)2.5 Request Council approve the award of Bid
Number 945-10, Custodial Services, to Diversified Maintenance Services, Inc., Santa Ana, CA, in
the amount of $151,000 and reject all
other bids. (AZI00.0.Agr.2319)FISCAL IMP ACT: Sufficient funds
are available
in Account No. 210-7029-424202 Custodial Services).The Purchasing Agent for the City was asked to
review the bids due to the cost difference between the high and low bids. It
was indicated the spread is normally closer. Diversified Maintenance Services, Inc., has been
servicing the Police Department for the past three years and has
provided good service. Diversified Maintenance Services, Inc., has indicated they can provide these services for the rest of
the City at the cost bid. The City will save
approximately $15,000
over last year'
s cost.MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to approve and authorize the Mayor and City Clerk to
execute
on behalf of the City.2.6 Request Council approve an extension to the
computer services contract with Business Records Corporation (B.R.C.) for an additional one-year
period from February I, 1995 to January 31,
1996. (AZlOO.0.Agr.0978.B5)FISCAL IMP ACT: None that is not already anticipated in the
current year's budget for
a continuation of existing service levels.ACTION: Authorized Mayor and City Clerk to
execute on
CITY COUNCIL MINUTES NOVEMBER 8, 1994
2. CONSENT CALENDAR (Continued)
2.7 Request Council approve Agreement No. D94-161 among the City of Orange,
Orange County Development Agency and County of Orange for Community Development
Block Grant Funds to construct sewer system improvements in Olive
Heights.AZI00.0.Agr.231O.
1)FISCAL IMPACT:
None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.MOTION - Barrera
SECOND - Murphy AYES -
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Item 2.
5 was removed and heard separately; all other items on the Consent Calendar were approved as
recommended.END OF
CONSENT CALENDAR 3. REPORTS
FROM MAYOR BEYER - None 4. REPORTS FROM
COUNCILMEMBERS - None 5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7.
REPORTS FROM CITY MANAGER - None
8.LEGAL AFFAIRS TAPE 207 8.1
RESOLUTION NO. 8401 A Resolution
of the City Council of
the City of Orange finally accepting the completion of a certain public work and improvement; Bid No.
934-32; Ken Thompson, Inc.; Orange-Olive Road-Shaffer Street Storm Drain. (AZI00.
0.Agr.2248)MOTION SECOND AYES Barrera Coontz
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy That
Resolution No. 8401 as introduced be adopted
and same was passed and adopted by the preceding vote.Page 3
CITY COUNCIL MINUTES NOVEMBER 8, 1994
8. LEGAL AFFAIRS (Continued)
8.2 RESOLUTION NO. 8402
A Resolution of the City Council of the City of Orange finally accepting the completion of a
certain public work and improvement; Bid No. 945-07; Giangregorio Construction;
Santiago Creek Restoration; Glassell to 800' North of Chapman. (A2100.0.Agr.
2290)
MOTION
SECOND
AYES Spurgeon
Barrera Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Resolution
No. 8402 as introduced be adopted and same was passed and adopted by the preceding vote.
8.3
RESOLUTIONNO. 8403 A Resolution
of the City Council of the City of Orange amending the Orange Supervisory and Management Association
Resolution No. 8354 to add the classification of Equipment Maintenance Superintendent,
Salary Range 480, $3,908-$5,011, and reclassify Position No. 544 to Equipment
Maintenance Supervisor and Position No. 723 to Equipment Maintenance Superintendent in
Fund 710-5023 effective November 8, 1994. (C2500.J.4.1)MOTION
SECOND
AYES
Coontz
Barrera Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy That Resolution No. 8403
as introduced be adopted and same was passed and adopted by the preceding vote.8.4
ORDINANCE NO.
20-94 An Ordinance of
the City Council of the City of Orange amending the Redevelopment Plan for the Tustin Street Redevelopment
Project in accordance with Health and Safety Code Section 33333.6. (R3500.
0.4)The EconomicDevelopment
Operation's Manager explained this and the following ordinances are required by the
passage of Assembly Bill 1290 which took effect January 1, 1994. All Redevelopment agencies are
being asked to set specific time limits regarding incurring debt,repaying debt and
the length of redevelopment plans. These ordinances place all three redevelopment project areas
in compliance with the new requirements under AB 1290. There will be no effect
on the current outstanding bonds because they all fall within the new required time limits.Page 4
CITY COUNCIL MINUTES NOVEMBER 8, 1994
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Barrera Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Ordinance
No. 20-94 have first reading waived and same was set for second reading by the preceding
vote.8.
5 ORDINANCE NO. 22-94
An Ordinance of the City Council of the City of Orange amending the Redevelopment Plan for the
Southwest Redevelopment Project in accordance with Health and Safety Code Section 33333.6.
R3500.0.5)
MOTION
SECOND
AYES
Barrera Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Ordinance No.
22-94 have first reading waived and same was set for second reading by the preceding vote.
8.6
ORDINANCE NO. 23-94 An
Ordinance of the City Council of the City of Orange amending the Redevelopment Plan for the Northwest
Redevelopment Project in accordance with Health and Safety Code Section 33333.6.R3500.
0.7)MOTION
SECOND
AYES
Murphy
Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Ordinance No.
23-94 have first reading waived and same was set for second reading by the preceding vote.
9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL
PRESENTATIONS Carole Walters,
534 N. Shaffer St., requested the status of the traffic projects on Walnut Street.The City
Manager indicated a status report will be presented to Council at the November 22,1994 Council
meeting.Mrs. Walters
further asked if the Traffic Commissioners were paid for their meetings.The Director
of Public Works-City Engineer commented the Traffic Commissioners serve at the pleasure
of the Council and they do not get paid.Page
5
r
CITY COUNCIL MINUTES NOVEMBER 8, 1994
10. ORAL PRESENTATIONS (Continued)
Mrs. Walters commented if the Design Review Board gets paid the Traffic Commissioners should
also get paid.
n. RECESS
MOTION
SECOND
AYES
ABSENT
Coontz Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
The City Council
recessed at 4: 15 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):City
of Orange vs.
Refco Securities, Inc., NASD Arbitration No. 92-03685.This item was
deleted from Closed Session: National Advertising vs. City of Orange, United States District Court
Case No. CV 85-4968 Tlli(Kx).Cityof
Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 97 18.This item
was deleted from Closed Session: City of Orange vs. United Pacific Insurance Company, et
al., Orange County Superior Court Case No. 72 42 36.b. Conference
with Legal Counsel - anticipated litigation.Initiation oflitigation pursuant
to Government Code Section 54956.9(c) (one potential cases).This item was
deleted from Closed Session: Significant exposure to litigation pursuant to Government Code Section
54956.9(b) (one potentialcase).MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy Moved to add Fiscal Agent to
Item c.c.Public Employee Appointments:Title: Finance
Director Public Works Director
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.Page 6
CITY COUNCIL MINUTES NOVEMBER 8, 1994
ANNOUNCEMENTS
Closed Session: Public Report of Decisions.
The City Attorney announced the following public employee appointments:
Finance Director - Ann Marie Gallant Public
Works Director - Harry Thomas NOTE: Due
to an expected lack of quorum, there was no 7:00 P.M. Session ADJOURNMENT MOTION
SECOND
AYES
Barrera
Coontz
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy The City Council adjourned at
5:55 p.m.sK~~CITY CLERK Gene Beyer
GENE
BEYER MAYOR
BY:0,(/ /
I; 4
c ~
FRED
L.
BARRERA
MAYOR
PRO
TEM Page 7