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
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