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05-11-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA MAY 11, 1993 The City Council of the City of Orange, California convened on May 11, 1993 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 ABSENT - Murphy 1.3 APPROVAL OF MINUTES Regular Meeting April 20, 1993.MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy ACTION: Approved.Regular Meeting April 27, 1993.MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy ACTION: Approved, with correction to Page 15, Condition No. 47 to read: "No construction worker parking will be permitted on Mabury Avenue."Adjourned Regular Meeting April 29, 1993.MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy ACTION: Approved.PAGE 1 CITY COUNCIL MINUTES MAY 11, 1993 1.3 MINUTES (Continued) Adjourned Regular Meeting May 4, 1993. MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy ACTION: Approved 1.4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS Proclamations were presented to the following Orange Police Officers: Charles R Brown,David Orona, and Orange Police Sergeant Paul S. Gibbs honoring them for heroic and restrained action that occurred on April 16, 1993.2.CONSENT CALENDAR TAPE 258 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of May 11, 1993, 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 $293,000.00 to Southern California Underground Contractors, Inc. for the Orange Street Storm Drain. (A2100.0.Agr 2077)FISCAL IMP ACT: Funds for this project are budgeted as follows: $240,357.00 in Community Development Block Grant funds and $52,643.00 in Drainage Assessment funds.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.4 Request Council approve executionof escrow papers concerning the purchase of a five-foot wide strip ofland located at 886 N. Cambridge. (A2100.0.Agr 2078)Page 2 CITY COUNCIL MINUTES MAY 11, 1993 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: $6,000.00 is budgeted in the Traffic Improvement Fund for this project. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.5 Request Council approve Cooperative Agreement No. D90-213 with the County of Orange to construct Santiago Canyon Road in the County island area south of Hunters Way. (A2100.0.Agr 2079)FISCAL IMPACT: None. Fully funded by the County of Orange.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.6 Request Council authorize execution of a Quitclaim Deed to Shoprop Associates and 745 Property Investments, for an abandoned water line at the Orange Mall. (D4000. 0)FISCAL IMP ACT: None ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.7 Request from Chapman University for the temporary suspension of Permit Parking restrictions in Area A on Saturday, May 29, 1993 and Sunday, May 30, 1993; and that Walnut Ave. between Orange St. and Grand St. be closed to through traffic on Sunday,May 30, 1993 from 12:00 noon to3:30 p.m., during commencement exercises.S4000,S.3.1. 2)FISCAL IMPACT: None.ACTION: Approved.2.8 Request from the Southern California Council of National Tuberous Sclerosis Association to conduct the "World's Largest Garage Sale" on May 15 and 16, 1993. (p1300.0. 9)FISCAL IMPACT: None ACTION: Approved.2.9 Request from St. Vincent de Paul Center for Community Reconciliation to conduct annual walk-a-thon and picnic "Stepping Out Together" on Saturday, August 21, 1993. p1300.0.9) FISCAL IMPACT: None.ACTION: Approved.2.10 CLAlM FOR DAMAGES FROM:Harvey Gutierrez and German Quevedo. (C3200. CITY COUNCIL MINUTES MAY 11, 1993 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: None. ACTION: Denied claim and referred to City Attorney and Adjuster. 2.11 Request from Child Abuse Resolved through Education to conduct a Western Casino Night fund-raiser on May 15, 1993. (p1300.0. 9)FISCAL IMPACT: None.ACTION: Approved.2.12 Request Council approve Joint Defense Agreement with the City of Villa Park and Southern California Joint Powers Insurance Authority. (A2100.0.Agr 2080)FISCAL IMPACT: Additional $3,000.00 in legal defense costs, which is available in Account No. 740-1211-426100.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - 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 - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS 8.1 RESOLUTION NO. 8175 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment 93-2 adjusting a lot line of certain real property situated at Parcels 1 and 4 of Parcel Map 83-751. (7414 and 7416 Grovewood Circle) (C2500.M.16.1)Page 4 CITY COUNCIL MINUTES MAY 11, 1993 8. LEGAL AFFAIRS (Continued) MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy That Resolution No. 8175 as introduced be adopted and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 8176 A Resolution of the City Council of the City of Orange amending Resolution No. 7673 of the Orange Supervisory and Management Association to include the addendum outlining layoff procedures. (C2500J.4. 1)MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy That Resolution No. 8176 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 8177 A Resolution of theCity Council of the City of Orange amending Resolution No. 7614 of the Professional, Technical and Clerical Unit to include the addendum outlining layoff procedures. (C2500.J.4.5)MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy That Resolution No. 8177 as introduced be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 8178 A Resolution of the City Council of theCity of Orange amending Resolution No. 7613 of the Operations and Maintenance Unit to include the addendum outlining layoff procedures. ( C2500J.4.4)MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, CoontzABSENT - Murphy Page 5 CITY COUNCIL MINUTES MAY 11, 1993 8. LEGAL AFFAIRS (Continued) That Resolution No. 8178 as introduced be adopted and same was passed and adopted by the preceding vote. 8.5 RESOLUTION NO. 8179 A Resolution of the City Council of the City of Orange amending Resolution No. 7623 of the Water Department Employees Association to include the addendum outlining layoff procedures. (C2500.J. 4.4.1) MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy That Resolution No. 8179 as introduced be adopted and same was passed and adopted by the preceding vote.8. 6 RESOLUTION NO. 8180 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment 92-14, adjusting a lot line of certain real property situated at 5040 and 5122 E. Glen Albyn Road. (C2500.M. 16.1)MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy That Resolution No. 8180 as introduced be adopted and same was passed and adopted by the preceding vote.8.7 ORDINANCE NO. 5-93 An Ordinance of the City Council of the City of Orange amending Section 17.06.030 of the Orange Municipal Code and approving the reclassification of property situated at the terminus of Lewis Drive, south side, approximately 480 feet east of Windes Drive.ZI500.0)Zone Change 1156-92 Applicant: City of Orange MOTION - Barrera SECOND - Mayor Beyer AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy Page 6 CITY COUNCIL MINUTES MAY 11, 1993 8. LEGAL AFFAIRS (Continued) That Ordinance No. 5-93 have second reading waived and same was passed and adopted by the preceding vote.8.8 ORDINANCE NO. 1-93 An Ordinance of the City Council of the City of Orange amending Section 5.16.030 of the Orange Municipal Code to increase the Uniform Transient Occupancy Tax from 8% to 10%. ( A2500.0)Discussion: Michele Manire, representing local hotel owners, spoke in opposition to the proposed tax increase, indicating it would have a direct impact on local businesses.Council discussion ensued regarding how much of the projected tax revenue, $ 400,000 could be directed toward marketing plans.MOTION - Mayor Beyer SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy That Ordinance No. 1-93 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 - None MOTION SECOND AYES ABSENT Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz Murphy Moved to confirm that the City Clerk will adjourn the 7:00 P.M. Session, due to an expected lack of quorum, and continue General Plan Amendment 3-93 and zone Change 1159-93 to May 25,1993 at 7: 00 P.M.; and Appeal No. 408, Zone Change No. 1158-93 to June 22, 1993 at 7:00 P.M. 11. RECESS The City Council recessed at 3:30 P.M. to a Closed Session for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9( a), to wit:City of Orange vs. Steven D. Wymer, et al., United States Court Case No. 922141 SVW.City of Orange vs. DLO Securities, et aI., United States District Court Case No. SACV 92 498 GLT.Page 7 CITY COUNCIL MINUTES MAY 11, 1993 RECESS (Continued) b. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956.9(c). c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(I). e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. f. 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: The City Council adjourned from Closed Session at 4:50 P.M. 7:00 P.M. SESSION The City Clerk announced a lack of quorum and continued the following public hearings: APPEAL NO. 408, ZONE CHANGE 1158-93, ANTHONY H. OSTERKAMP, JR. was continued to June 22,1993 at 7:00 P. M.GENERAL PLAN AMENDMENT 3-93, ZONE CHANGE 1159- 93, CITY OF ORANGE ON BEHALF OF 29 PROPERTY OWNERS was continued to May 25,1993 at 7: 00 P.M.The City Clerk adjourned the meeting to the next regularly scheduled Council meeting of May 18, 1993, 3:00 P.M.