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11-17-1992 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA November 17,1992 The City Council of the City of Orange, California convened on November 17,1992 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 - Steiner, Barrera, Mayor Beyer. Coontz, Spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting October 13, 1992 Continued from 10/27/92 and 11/10192)MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Dr. Michael Glandorf and Dr. Timothy Doering presented a check in the amount of 840.00 to the Orange Police DAR.E. Program. Police Chief Robertson accepted the check.Mayor Beyer introduced Patrick Larkin, new Editor of the Orange Independent.1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR - Tape 180 2. 1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda ofa regular meeting of November 17, 1992, 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.PAGEl CITY COUNCIL MINUTES November 17,1992 2. CONSENT CALENDAR (Continued) 2,2 Request payment of Sanitation District #2 user fee for the Corporation Yard, OC1300.G.5) FISCAL IMPACT: $3,727.00 in additional appropriations in the General Fund are requested for this fee. ACTION: Approved. 2.3 CLAIM FOR DAMAGES FROM: (C3200,0) I. Ramona Takahashi 2, Robert Cole 3, Dewain Snapp 4. Jo-Carroll Glasson ACTION: Denied claims and referred to City Attorney and Adjuster.REMOVED AND HEARD SEPARATELY)2,4 Request to approve and award a contract (Bid 923-10) to Silvia Construction, 2209 Arrow Route, Upland, CA 91786, for street maintenance on various streets, and approve the appropriation of $367,300,09 to cover contract costs. (A2100. 0 AGR-2030)FISCAL IMPACT: Funds are budgeted in Fund 262 (Measure M).Councilwoman Coontz asked about the special request of the church to include repaving one block of Shaffer Street between Chapman and Almond Avenues with an asphalt overlay as part of this bid, The church has requested this be included in this year's budget in the amount of$17,000.The Director of Public Works indicated this street would not be scheduled for maintenance until 2004, The church is not happy with the looks of the material used, but the Street Department uses the most cost-effective materials available, The street will lose its greenish cast in time, The Public Works Department feels the street rides well. The current work was done this summer. The Street Department has a Pavement Management Program, There are other streets that are higher in priority for use of the money, before a pavement strategy would be done again on this segment Councilman Spurgeon asked how many other areas of the City have this same type of material on the streets, This is the only segment which has this material, according to the Public Works Director. It is a relatively new product, but has been used by Cal Trans and other cities very successfully. Councilman Spurgeon does not feel it rides well, or looks good aesthetically. He feels there is one street area that can wait an additional year for maintenance. Mayor Beyer feels the street is slippery to walk on, The Public Works Director indicated sand was put in CITY COUNCIL MINUTES November 17,1992 2. CONSENT CALENDAR (Continued) Councilwoman Coontz feels Council needs to know more about the pavement program, the goals and ifthere are more plans to repair streets the same way as this area of Shaffer Street. The Street Department Manager indicated repairing the street with substitute products cost about three times as much. The cost to repair the street in this manner was about $9,000, as compared to $19,000 for alternative methods. The Street Department Manager felt it was a better alternative than using strips of asphalt and crack- filling material. Councilman Steiner commented that the City is going to go bankrupt trying to please everyone,Mayor Beyer asked the City Attorney if he could vote on this matter, since he is a member of St. John's Lutheran Church. The City Attorney felt it was appropriate, since he has no financial interest in the decision.MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Spurgeon'NOES - Coontz ACTION: Approved, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. The request to repave one block of Shaffer Street between Chapman and Almond Avenue to be included in this amount.MOTION SECOND AYES Barrera Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Item 2.4 was removed and heard separately. All other items on the Consent Calendar were approved/denied as recommended,END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5. 1 Confirm appointments to Board of Directors of the Orange International Street Fair.ORI800.0.60)MOTION SECOND AYES Mayor Beyer Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon PAGE 3 CITY COUNCIL MINUTES November 17,1992 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued) Moved to approve the appointment of Charles See, Sr., Carroll Johnson, Ken Levy and Bob Gwynn to the Board of Directors of the Orange International Street Fair. Bob Bennyhoff, 10642 Morada Drive, gave Council an update on the Theo Lacy Jail situation on behalf of the Jail Committee. 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS - Tape 1030 8,1 RESOLUTION NO. 8110 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 92-12 adjusting a lot line of certain real property situated at 163 and 195 S. Pixley Street.C2500,M. 16.1 LLN-92-12) MOTION SECOND AYES Barrera Steiner Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No, 8110 as introduced be adopted and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 8109 A Resolution of the City Council of the City of Orange approving the sale of certain real property to the Orange Redevelopment Agency and authorizing execution of an agreement. (A2100.0 AGR-2031)Northeast corner of Pixley and Almond) (See Redevelopment Agency Agenda, Item 7.1)MOTIONSECOND AYES Coontz Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8109 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 4 CITY COUNCIL MINUTES November 17,1992 8. LEGAL AFFAIRS (Continued) 8.3 RESOLUTION NO. 8111 A Resolution of the City Council of the City of Orange, reciting the fact of the General Municipal Election held on November 3, 1992, declaring the result and such other matters as provided by law. (EIlOO.O) MOTION SECOND AYES Steiner Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8111 as introduced be adopted and same was passed and adopted by the preceding vote.8. 4 RESOLUTION NO. 8112 A Resolution of the City Council of the City of Orange declaring the result of the reorganization election for Annexation No. 393 to the City of Orange held on November 3,1992. (A3100.0 ANX-393)MOTION SECOND AYES Spurgeon Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 8112 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 Urgent Item: MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that the need to take action on the following item arose after the posting of the agenda.MOTION SECOND AYES Spurgeon Barrera Steiner. Barrera, Mayor Beyer, Coontz, Spurgeon Moved to authorize closure of North Center St, between Chapman Ave. and the Main Library north property line on November 21, 1992 for a library-wide Readers' Faire, (C2S00.I)Larry Bonham, 332 S. Olive St., addressed the Councilregarding building of cities,PAGES CITY COUNCIL MINUTES November 17, 1992 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. County of Orange, Orange County Superior Court Case No. 68 18 89 Tillinghast vs City of Orange, Orange County Superior Court Case No. 67 04 24 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. 7:00 P.M. SESSION OATH OF OFFICE CEREMONY Musical Prelude Orange High School Band, Led by Ernest Miranda Orange High School Choral Group, Let by Mike Short Invocation - Given by Monsignor John Sammon Vocal Selection - Johnny Ray Watson Presentation of Colors - Orange Police Department Color Guard Pledge of Allegiance to the Flag - Led by Miss Orange, 1993, Christi Hayes Introductions by Mayor Gene Beyer PAGE 6 CITY COUNCIL MINUTES November 17,1992 Vocal Selection by Johnny Ray Watson Administration of Oath of Office to City Clerk-Elect, Marilyn J. Jensen by Mayor- Elect Gene Beyer Comments by City Clerk Administration of Oath of Office by City Clerk, Marilyn 1. Jensen to:Mayor- Elect Gene Beyer Councilman- Elect Fred L. Barrera Councilman- Elect Mike Spurgeon City Treasurer Comments by Mayor Beyer, Councilmembers Fred Barrera, Mike Spurgeon and the City Treasurer.Reorganization and Election of Mayor pro tem MOTION SECOND AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve the nomination of William G, Steiner as Mayor Pro Tem, ( C2500. N)ADJOURNMENT The City Council adjourned at 9:00 p.m.J ~~-? f/Marilyn 1. J sen, C ,( f/City Clerkq~~ene , ayor PAGE