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09-28-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA September 28, 1993 The City Council of the City of Orange, California convened on September 28, 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, Murphy ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting - September 14, 1993.MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.Regular Meeting - September 21, 1993 MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.1. 4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS Presentation to the City of Orange of Certification of Excellence Award from the Municipal Treasurers' Association of the United States and Canada for developing an outstanding written investment policy was announced by Mark Weiss, City Treasurer.1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 120 2. 1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of September 28, 1993, at Orange Civic Center, Main Library, Police facility at II 07 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.PAGE 1 CITY COUNCIL MINUTES September 28, 1993 2. CONSENT CALENDAR (Continued) 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. IACTION: Approved 2.3 Request from Funtastic Shows to conduct a carnival on the Sears Roebuck & Company parking lot on November 4-7, 1993. (p1300.0. 9)FISCAL IMPACT: None. All fees will be paid.ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.4 Accept the Annual Investment Committee Compliance Report and adopt the annual Statement ofInvestment Policy. (C2500. F)FISCAL IMPACT: None.The City Treasurer reported the committee, comprised of the City Manager, Assistant City Manager, Acting Finance Director and City Treasurer recommended the language in the Investment Policy be modified to: "a maximum limitation of investments in the Orange County Pool, not to exceed 25% of the City's Investment Portfolio."Mayor Beyer instructed the City Clerk to agendize separately and report on any changes in the investment policy.Bob Bennyhoff, 10642 Morada Dr., requested a status report regarding the Wymer vs City of Orange law suit.The City Attorney indicated he would have a status report available by mid-October.MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the report.ACTION: Received and filed.2. 5 Approve and authorize the award of Bid Number 934-06, Landscape Maintenance Service, to Southern Counties Landscape, Anaheim, CA, in the amount of $90,660.00 and reject all other bids. (A2100.0.Agr.2147) PAGE 2 CITY COUNCIL MINUTES September 28, 1993 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: $90,660.00 is budgeted in the landscape maintenance fund for this servIce. ACTION: Approved. 2.6 Request Council approve Contract Change Order No. 1 and Final in the amount of 27,130.61 to Boral Resources, Inc., for La Veta Avenue improvements from Glassell Street to Cambridge Street. (A2IOO.0.Agr.2035) FISCAL IMPACT: $3,536.00 is budgeted in CIP funds for this project. $3,112.00 is budgeted in Gas Tax Funds for this project. $20,483.00 in additional appropriations in the CIP funds are requested for this project. ACTION: Approved. 2.7 Accept the verbal request from the City of Tijuana, Mexico to purchase two additional surplus vehicles and authorize the General Services Director to negotiate a price consistent with past policies of not less than auction price. (P2500.0) FISCAL IMP ACT: The sale of equipment will produce revenue to the General Fund. ACTION: Approved. 2.8 CLAIM FOR DAMAGES FROM: (C3200.0) Home Depot - U.S.A., Inc.FISCAL IMPACT: None.ACTION: Denied claim and referred to the City Attorney and Adjuster.MOTION SECOND AYES Spurgeon Mayor Beyer Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Item 2.4 was removed andheard 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 COUNClLMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 3 CITY COUNCIL MINUTES September 28, 1993 6. ADMINISTRA T1VE REPORTS NON-AGENDA ITEM - Use of Local Government Channel For C-SPAN Broadcasts ORI800.0. 28)The City Attorney reported approval was given by Council on September 21, 1993, conditioned upon staff confirming this was the best alternative. The legal aspects were reviewed, and it was recommended that C-SP AN could have access to the Government Channel, however, there it would be legally troublesome to place the Community Access Channel (98) matters on the Government Channel (19).The Assistant City Manager indicated this could mean placing any request from the community on the Government Channel and recommended placing C-SPAN on Channel 19. Steve Everett,Cablevision of Orange, reported to restore C-SPAN to 24 hours on Channel 19. However, there will be a shift of channels between 6:00 P.M. and II :00 P.M. during the week, and this will not interfere with the Agenda broadcasting hours.The Assistant City Manager commented Cablevision of Orange will proceed and make the changes based upon Council's action last week and clarification today.7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 540 8.1 RESOLUTION NO. 8243 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 93-5 adjusting a lot line of certain real property situated at 2400 N. Canal Street and 1115 Alder Grove Circle. ( C2500.M.] 6.1)Owners: Trinity Episcopal, Church Parish, a Corporation, and Donald 1. & Helen M. Kossler.MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8243 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 8244 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 923-09; Boral Resources, Inc.; La Veta Avenue from Glassell Street to Cambridge Street. (A2100.0. Agr.2035) CITY COUNCIL MINUTES September 28, 1993 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8244 as introduced be adopted and same was passed and adopted by the preceding vote.8. 3 ORDINANCE NO. 13-93 An Ordinance of the City Council of the City of Orange amending Chapter 10.10 of the Orange Municipal Code regarding use of bicycles by Police Officers. (A2500.0)MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 13-93 have second reading waived and 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 The City Clerk read a letter into the official record from Charles McCandless, Charles McCandless Tile Contractor, Inc., 636 Poinsettia Street, Santa Ana, dated September 15, 1993,thanked the City for solving a traffic problem on River Street, where Mr. McCandless resides.C2500.M.I5)Alice Clark, 205 N. Pine Street, representing the Orange Taxpayers Association, requested the consideration of proceeding with the County's proposal to consolidate the City's fire service with that of the County without negatively impacting the City's service levels be agendized for the earliest possible Council meeting; and that such study be implemented by the City Manager as an issue separate and distinct from contract negotiations, using facts and figures supplied by a City spokesman and not by Fire Department personnel. (C2500.H)The following speakers concurred with the Orange Taxpayers Association request:Betty C. Roberts, 1752 N. Morningside St, commented the County Fire Service is better in San Clemente where she owns another home.Ken Milbrat, 308 S. California St, requested that the Fire Department overtime be stopped.Vic Calagna, 1135 E. Culver Ave., asked if the City had made a deal with the Fire Department?PAGE 5 CITY COUNCIL MINUTES September 28, 1993 10. ORAL PRESENTA nONS (Continued) The City Attorney commented, any Memorandum of Understanding or contract amendment with the Firefighter's Association Local 2384 would not be effective until adopted by the City Council. There would have to be further legal documents prepared for Council's review. Bob Bennyhoff, 10642 Morada Dr., commented the Firemen voted yesterday, as quoted by the Fire Chief, to express their concurrence with a 2-year contract proposal, and no mention was made of the County Fire Department. Why can't the study of how the City would go with the County Fire Department be approved? This would assist the City in its own edification.The City Attorney further opined it would not be appropriate for Council to consider this matter at this time because it is a procedural matter regarding the Brown Act and advised Council to not consider or take any action without making a special findings that are required under the Brown Act. Also, under State law under the negotiating process the City is required to comply with certain statutory obligations regarding the meet and confer process under the Myers- Milias Brown Act. However, any comments can be made at any Council meeting for the purpose of gathering information.The City Manager commented he is meeting with the County Fire Department representatives to discuss the study and will return to Council to consider options and proposed costs within two weeks (October 12, 1993). The City is in a better posture to do the study and define the options rather than an outsider because the City has the responsibility to negotiate. If this does not impair the negotiation process, the report will be public information.Council discussed the availability of information regarding verification and explanation of monies already spent which is separate from questions that may arise after the contract is signed. The public may request this information and it should be provided. 11. RECESS MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to recess at 4:15 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. County of Orange, Orange County Superior Court Case No. 68 18 89.Lee vs. City of Orange, Orange County Superior Court Case No. 66-85- 88.b. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956.9( c).PAGE CITY COUNCIL MINUTES September 28, 1993 11. RECESS (Continued) 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. NOTE: The City Attorney removed Item ffrom the Agenda, no discussion was necessary. g. 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. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to adjourn at 5: 10 PM.NOTE: Due to an expected lack of quorum, there was no 7:00 P.M. Session yt/MARILYN 1. . SEN, C(7 CITY CLERKPAGE 7 T--